DIAMOND BAR CATTLE COMPANY

Board Hears Cattle Rancher's Grazing Plea

A couple of dozen ranchers packed the New Mexico Livestock Board meeting Friday to ask the board to help Diamond Bar ranchers Kit and Sherry Laney fight eviction of their cattle from federal land by the U.S. Forest Service.

The livestock board said it probably can't.

But its members approved sending a letter to the U.S. Attorney that asks the feds to clarify what the board has to do to comply with the law.

The livestock board's only involvement in the longstanding federal fight is that it is the agency that inspects cattle when they are sold.

"It's federal land, it's federal jurisdiction, it's in federal court," said Daniel Manzanares, the board's executive director. "Bottom line, we don't have a dog in this fight."

The Laneys have been at odds with the Forest Service almost since they bought the ranch in 1985. Federal courts have ruled against the Laneys' claim of private property rights to graze more than 1,000 head of cattle on the ranch, which is mostly on federal land. A federal judge ruled in December the Laneys never had a property right to graze on the allotment. He ordered their herd, now at about 400 head, off the land.

Wranglers have been hired and, over the Laneys' objections, arrangements are under way for a roundup.

Supporters of the Laneys— many of them in the ranch uniform of boots, hats and jeans— filled the boardroom in Albuquerque and stood shoulder-to-shoulder along the walls.

Hugh B. McKeen of Glenwood, who has grazing rights on a Forest Service allotment, called the Forest Service "our worst enemy."

He told the board that to "yoke" itself to the federal agency is a big mistake.

"Write them a letter, and tell them they're wrong, and get on board with the ranchers," McKeen urged. "We're a dying breed down there on this public land. ... Don't aid and abet the enemy."

Livestock board chairman Bill King told the crowd the board isn't supporting the Forest Service— it is simply following a federal judge's order.

But fellow board member Joe Delk, who introduced the letter to be sent to U.S. Attorney David Iglesias, said there is "way too much muddy water" about the matter for the board to make a decision.

"I think we're missing an opportunity to do something here today that's in the best interests of all these people," he said, referring to the packed crowd.

The livestock board has the duty under New Mexico law to inspect cattle before they are sold. Once the cattle are removed by contractors working for the federal government, state livestock inspectors will inspect them for proper brands before they are sold.

The board unanimously approved sending a letter to Iglesias that includes 13 questions about the case, including queries about whether the court's order specifically involves the livestock board. The board said it would send the letter if it is approved by the board's attorney.

Kit Laney said he was impressed with the turnout from fellow ranchers.

"Yes, they're here to support us. They're (also) here to protect their own property. If they take mine, they can sure as hell ... take what everyone else here has."

Bureau looking into Diamond Bar situation

The New Mexico Farm and Livestock Bureau on Thursday weighed in on the controversy surrounding the removal and impoundment of cattle from the Diamond Bar allotment on the Gila National Forest - advising the New Mexico Livestock Board it is monitoring any action that agency might take in regard to its "statutory duty."

The U.S. Forest Service has hired a contractor to gather, remove and impound cattle following a federal court decision that ranchers Kit and Sherry Laney have no right to graze cattle on the 147,000-acre allotment. Removal of the cattle is the latest turn in an ongoing property rights dispute between the Laneys and the Forest Service that dates to the early 1990s.

The Laneys contend their rights to water and forage on the allotment predate the establishment of the 1899 Forest Reserve and the 1964 Wilderness Act. About 85 percent of the allotment lies within designated wilderness.

Michael White, New Mexico Farm Bureau president, called on the state's Livestock Board "to take action consistent with state law regarding the impoundment, movement and any potential sale of the Laney cattle."

White stated that the Livestock Board "is bound by statute to follow the state livestock code and associated laws, and should not bow to political pressure from government officials and other groups."

The Livestock Board is the state agency charged with the inspection and overseeing of the sale and movement of cattle within New Mexico. It is also known as the "Brand Board."

"We fully realize the Livestock Board is acting in accordance with counsel from the New Mexico attorney general's office, and we urge the members (of the board) to carefully consider all aspects of such legal advice.

"The New Mexico Livestock Board is facing monumental decisions in this case, and our statewide organization will be watching very carefully (for) any possible precedent-setting actions of this panel as these cattle are gathered by a private contractor hired by the Forest Service," White said.

On Dec. 22, 2003, U.S. District Judge William Johnson in federal district court in Albuquerque cited the Laneys for unauthorized grazing and called for the removal of cattle from the allotment. The ruling marks the second time the ranching couple have been called on to remove all livestock from the Diamond Bar.

In March 1996, U.S. District Judge Howard C. Bratton called for the removal of "unauthorized livestock" from the Diamond Bar and assessed the Laneys fees for grazing without a permit and unspecified damages "flowing from unauthorized use."

The Laneys appealed Bratton's ruling, claiming their rights to the range for "cattle-raising purposes" are based on 1889 New Mexico territorial law pertaining to the public domain, and a 1978 U.S. Supreme Court case about water rights on federal reserve lands.

The complaint claimed the U.S. Department of Agriculture and Forest Service "have no rights to the water in and on the range legally held by Diamond Bar and Laney."

The Forest Service maintained that the lands are within the forest reserve, and any grazing taking place on the Diamond Bar - since there is no signed grazing permit on the allotment - is unauthorized.

The 10th Circuit Appeals Court upheld the federal court's ruling on Feb. 23, 1999. Cattle were not removed from the allotment until later that year.

Until 1971, when livestock numbers were reduced to 1,188 head, 1,600 to 2,300 cattle were permitted on the Diamond Bar under Forest Service grazing guidelines. That number was still in effect in 1986 when a 10-year permit was issued to the Laneys.

Then, after a range analysis and environmental studies began to report range problems, including lack of adequate regeneration of vegetation in riparian areas on the allotment, Forest Service range managers blamed overgrazing. A number of range improvement alternatives were considered, including one that called for the construction of 15 stock tanks to get cattle out of riparian areas.

But a coalition of environmental groups brought suit against the Forest Service over the proposal to build the stock tanks, contending their construction within wilderness areas was in violation of the Wilderness Act. After a federal court ruled in favor of the environmentalists, the Forest Service selected an alternate management plan that prohibited the tanks.

White said the New Mexico Farm and Livestock Bureau has monitored the case for more than a decade, and that the agency is "very concerned about the protection of property rights for our ranchers, farmers and all citizens."

The Farm and Livestock Bureau is a private agricultural organization with 17,000 members statewide.