Wild horse classification could conflict with state law

You can lead a federally protected horse to water, but if you let it drink you could be in violation of Nevada law. That's if a proposal to the state's water engineer by the Nevada Board of Wildlife Commissioners is adopted. In the letter addressed to Jason King, state engineer with the Division of Water Resources, the wildlife commission asks King to notify of each federal agency that is responsible for overseeing feral horses and burros that continued use of water "of which there is no designated beneficial use" is in violation of state law. Furthermore, the letter asks King to request that the federal agencies - in this case the Bureau of Land Management - that it needs to remove from the range all feral horses and burros covered under the Wild Horse and Burro Act from areas where they are "making unlawful use of Nevada waters." Under Nevada law, waters on public lands must be utilized by livestock or wildlife. The commission argues that feral horses and burros are not livestock or wildlife under federal guidelines, therefore the horses are consuming water resources illegally. The commission states in the letter that it supports working with water rights owners, but to have vested water rights the resource must have been put to beneficial use of livestock before 1905, according to state law. For claims after 1905, the individual has to justify beneficial use, and file a claim with the state engineer. The commission goes on to list several legal definitions of "livestock" and "wildlife," concluding that feral horses and burros are neither...more

An interesting approach.