By BRUCE WHITNEY
Logandale resident
After numerous conversations and phone calls over the last few weeks; then reading the articles in the Moapa Valley Progress on April 2 and the posts on Facebook by different individuals; I have decided that maybe I should give some information regarding the subject of cattle grazing around the Moapa Valley area.
Cattle grazing versus the Desert Tortoise has had a lot of attention over the last 25 or so years, including a lawsuit by the ranchers from southern Nevada, southern Utah and northwest Arizona against the BLM. If you are interested in the complete story it’s all found in the local and regional newspapers and the US District Court records.
The purpose of my letter is not to debate that issue but to let the people of Moapa Valley and surrounding areas know that there are still ranchers who hold active grazing permits to run cattle on federal lands administered by BLM in this area; my family being one of those.
Our allotment is called the Lower Mormon Mesa Allotment as issued by BLM. It generally covers the area consisting of the Mormon Mesa south of I-15 approximately between mile posts 96 – 106 at the Half Way Wash (the Carp Elgin exit area), between the Moapa Valley and the Virgin River basin encompassing the area on top of the mesa south following the edges of the mesa past Overton.
I will answer the most common questions I hear. Are our cows being gathered?; and Do we have access to our allotment? First, NO, our cows are not being gathered. Second, YES, we have access to our allotment to manage our herd.
I have no desire to enter into a debate as to the rights of the government, county, state or federal, to tell us what we can and can’t do as that is a whole different issue. What I hope to briefly (not in detail) explain is what one must have to legally be able to have cows on government regulated property.
There are basically three requirements:
1.) One must have a signed agreement with the governing agency– county, state, BLM, etc – BLM in our instance.
2.) The leasee must apply in writing seeking permission from the agency to have a certain number of cows on your allotment for a specific time period. The agency will assess the feed available and other factors and then grant (or deny) the request. If approved they will then send a bill for the grazing fees.
3.) Once the bill is received and paid, you are then allowed to place your cows on the allotment for the approved time period. At the end of that time period the cows must be removed unless the process mentioned in step 2 has been followed again allowing an extension of time.
If a permittee does not meet any of this process for approval and have cattle on the allotment you are deemed to be in violation and trespassing. You will be sent notice to remove your cattle. The permits are not permanent (as with any lease agreement), nor are the terms of the lease. The governing agency has always held the final say as to the terms to the lease agreement and the time period and number of cattle allowed.
Permittee’s do not own the property but are given the legal right to use the property. If the permittee doesn’t sign the agreement, file the proper applications for use or pay the required fees he loses his right to the allotment and the improvements and any property including cattle that are seized. This is no different than an agreement between a land owner and leasee.
In very simple terms (yes, I know it’s not simple), this is much the same as licensing your vehicle. Licensing it gives you the right to drive on public roads; or paying property taxes gives you the right to own a home and live in it. If we do not pay the license fees on our vehicle, pay rent to our landlord or pay our property taxes, eventually we will be given citations or notices and finally our vehicle or property will be seized and sold to cover the costs.
The question of the right of the government to tax us is not the subject of this letter. The purpose as stated before is to let you know that there are ranchers who still hold grazing allotments from the BLM. When you see cows on the south side of the freeway between mile posts 96 and 106 around the Carp Elgin exit area those are our cows. BLM has assured us they will not bother our cattle and as before the closure, we have been able to go out each day to check our cows (as this is calving season for us) and our water tanks. Our family is paying our taxes, licenses, fees and rent; just like you are.
There are different ways in which we as citizens of the United States have to challenge the government or individuals that we feel are mistreating us. We chose to make this challenge in the courts of law. Each is allowed their personal preference in how they choose to make this challenge. Thus far we have been successful, over the last 25 years, in retaining our grazing allotment through the courts.
