Cattle roundup begins on Diamond Bar

Gathering, removal and impoundment of cattle from the Diamond Bar allotment on the Gila National Forest is under way, according to a notice from the Forest Supervisor's Office.

Forest Service spokeswoman Andrea Martinez said this morning about 90 cattle have been gathered.

"There are five cowboys, with two more expected today, when the process is expected to be fully operational," Martinez said, adding that air reconnaissance has been used to locate livestock on the 146,000-acre allotment.

Forest Service officials said Thursday that most of the cattle on the federal allotment belong to ranchers Kit and Sherry Laney. Officials plan to impound the cattle until they can be sold at auction, according to The Associated Press.

The Laneys contend they are entitled to surface rights on the Diamond Bar, claiming historical use of the allotment predates the authority of the Forest Service. They have argued they own a "vested fee interest" in areas the federal government claims to control, and that such an interest is similar to owning mineral rights or another easement on the land. In their case, the ownership is tied to both water rights and the land that is incidental to the water rights for grazing.

The ranchers have alleged that the roundup is illegal and that the impoundment is potentially a criminal offense, resulting in "an unconstitutional jurisdiction over us and our life, liberty and property."

The Laneys have said they will not interfere with the roundup, but would monitor the event with video recordings, and expect to prosecute those responsible for the roundup, according to an Associated Press wire story.

Martinez said the cattle are being gathered by cowboys, and will remain in corrals on forest land adjacent to the MeOwn Firebase until they are sold at auction. The Laneys can reclaim the cattle before any sale, but must show proof of ownership and pay the Gila for the costs of impoundment, she said.

Courts have ruled against the Laneys, ordering the removal of their cattle, but have done so without acknowledging the fee interest claim. A fee interest is inheritable, taxable property, the Laneys say.

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 all livestock from the allotment.

The ruling marks the second time the ranchers 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."

A federal judge in December awarded the U.S. Forest Service grazing fees and damages after finding the couple in contempt of court for grazing cattle on allotments in violation of earlier court orders.

The judge ruled they were bound by 1996 and 1997 orders and never had "a vested property right.'' The court ruled earlier the allotments were national forest and that the cattle company did not have a legal right to possess or use that land.

The Laneys argued the government could not stop the grazing because they had private property rights based on historical use predating the forest's creation. The 10th U.S. Circuit Court of Appeals in Denver dismissed the same argument in 1999.

"I don't disagree that the Forest Service has administrative authority over the Gila River Forest Reserve, as it was reserved under presidential proclamation in 1899," Laney recently told the Daily Press.

"I challenge everybody to read (the U.S. Supreme Court decision) United States versus New Mexico to determine what it was that was reserved. It was not aesthetics, wildlife preservation or stock watering. It was reserved for a sustained yield of timber and a sustained flow of water.

"The grazing permit says you're using property belonging to the U.S. government. The catch is in ranchers' own ignorance for signing the permit.

"The federal district court has ordered that our cattle must be removed from national forest system lands. However, the court did not dispute the fact that we have a privately-owned deeded fee interest in the lands within the boundaries of our ranches that is not part of the national forest system lands," the Laneys have stated.

The Forest Service is withholding the name of the contractor conducting the roundup at the contractor's request, Martinez said. A Freedom of Information Act request must be filed to get the name, she said.

The roundup is expected to take several weeks. Meanwhile, a temporary area closure for the Diamond Bar remains in effect under Forest Service guidelines.

According to a news release from the agency, the closure is being implemented to allow the contractor to gather, impound and remove unauthorized livestock.

Annette Chavez, Wilderness District ranger on the forest, has stated the closure is necessary for public safety, and protection of property, and is designed to minimize public activities that may hinder the gathering and removal of livestock so that the effort may proceed "in a safe and efficient manner for everyone involved."

The area closure will be reviewed periodically to determine its usefulness, she said.

The closure prohibits entry along Forest Road 150 on forest land south of Wall Lake, then south to the south rim of Rocky Canyon, as well as the 147,000-acre Diamond Bar Allotment.

Private property owners will be allowed to travel to and from their properties. In addition, federal, state or local law enforcement officers, or members of any organized rescue or firefighting unit in the performance of official duties are permitted access. Other exceptions include people with a specific permit authorized by the Gila National Forest Supervisor's Office.

The following hiking trails are closed:

Trail No. 40 to Diamond Creek and Middle Diamond Creek from the junction of Forest Road 150 to the junction of Continental Divide Trail No. 74;

Continental Divide Trail No. 74 from the junction of Trail No. 40 south to the junction of Trail No. 74;

Trail No. 74 to the junction of Forest Road 150, encompassing trails 75, 76, 75A, 72, 481, 73, 707, 68, 69, 67 and 308; and

Trail Nos. 803, 700, 95, 94, 716, 708 and 713.

Complete maps of closed areas are available at district ranger offices.