tag:blogger.com,1999:blog-5748604.post1048276345386881623..comments2024-03-28T16:26:03.728-06:00Comments on THE WESTERNER: On the establishment of the Malheur Wildlife RefugeFrank DuBoishttp://www.blogger.com/profile/04078935296275462544noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5748604.post-82729188453478580192016-01-05T15:30:41.259-07:002016-01-05T15:30:41.259-07:00The statement "subject to valid existing righ...The statement "subject to valid existing rights" is the savings clause that is found in most federal statutes and is the clause most likely to be ignored by federal officials. In this case the valid existing rights that belong to the Hammonds included water rights and rights of way for conveyance of the water (RS2339) as well as established easements and rights of way for travel by livestock and people. <br />Other ranches "sold" themselves to the federal government starting apparently during the Great Depression and the FWS ended up with ownership of water rights. That story clearly indicates that the declaration of a refuge that was dependent on water in the lakes was not enough to establish federal control of the water as a property subject to state law --- so they bought what would be sold and bullied their way into possession of the rest.Floydnoreply@blogger.com