Thank you to the New Mexico Department of Agriculture for the use of their photo.
Nevada ranchers win right to challenge federal interference with water rights
A federal appeals court has handed eastern Nevada ranchers an important legal victory in a long-running dispute over water flowing out of Great Basin National Park.
In a 2–1 decision issued September 30, the Ninth Circuit Court of Appeals ruled that ranchers holding historic water rights on Baker and Lehman creeks can pursue their claims against the federal government. The ruling reverses a lower court’s dismissal of their lawsuit.
At issue is the 1934 Baker-Lehman Decree, which established water rights along the two creeks, including some dating to 1872.
Baker Ranches and neighboring downstream water users allege that National Park Service activities—including water diversions, vegetation planting and obstructions in creek channels—have reduced the water reaching their ranches.
The federal government argued that sovereign immunity prevented the lawsuit from proceeding. The appeals court found that the McCarran Amendment, a 1952 federal law, allows the ranchers to seek administration and enforcement of the historic decree.
The ruling does not establish that the Park Service violated their water rights. It allows the case to move forward so those claims can be considered.
The implications could reach beyond Snake Valley.
The state of Nevada, several counties—including Humboldt, Pershing, Eureka and White Pine—and agricultural and water organizations participated as friends of the court. The opinion also discusses 67 Nevada water decrees that predate the McCarran Amendment, raising questions about enforcing older decrees when federal interests are involved.
The RANGE Report is examining the ruling, the evidence behind the ranchers’ claims and what the decision could mean for other Nevada water users.
When federal land management affects water rights established generations ago, what legal recourse do downstream ranchers have? We’ll be following that question as the case returns to federal district court.
Screwworm detections add urgency as Columbus reopening approaches
New World screwworm detections in a Texas elk and a New Mexico beef cow are prompting additional surveillance as USDA prepares to reopen the Columbus, New Mexico, cattle crossing October 26.
Agriculture Secretary Brooke Rollins visited Columbus October 20 for a producer roundtable and press conference ahead of the reopening. According to the New Mexico Department of Agriculture, State Veterinarian Dr. Samantha Holeck emphasized producer communication, surveillance, movement restrictions and treatment options.
The following day, USDA’s Animal and Plant Health Inspection Service announced the first confirmed screwworm detection in U.S. wildlife—an elk on a game ranch in Pecos County, Texas, reported after a hunter harvested it. Officials are increasing wildlife surveillance and modifying an existing infested zone. The finding does not establish widespread infection in free-ranging wildlife.
Also on October 21, New Mexico confirmed an infected beef cow near Piñon in Otero County. Officials established an infested zone extending at least 12.4 miles around the affected animal’s location. Animals must be inspected and, when necessary, treated before moving within or out of that zone.
Columbus remains scheduled to reopen under USDA’s phased inspection safeguards. Producers should check current movement requirements before hauling livestock. Suspected cases in New Mexico should be reported to the Livestock Board at 505-841-6161. Officials advise against moving an animal suspected of being infected.
Federal wolf grants offer funding for prevention and livestock losses
The U.S. Fish and Wildlife Service opened a $1.35 million funding opportunity October 21 to help address livestock losses caused by wolves. State governments and federally recognized tribal governments may apply through January 15, 2027. Individual producers would seek assistance through participating government programs.
Eligible activities include fencing, livestock-guarding dogs and range riders, along with compensation for confirmed or probable wolf depredations. Applicants must provide a nonfederal contribution covering at least 50% of total project costs.
This is separate from the California program we covered yesterday. California’s Department of Fish and Wildlife currently accepts producer applications for direct livestock losses, with state-funded payments issued through the California Bountiful Foundation. It is not seeking applications for nonlethal deterrents or pay-for-presence compensation.
The federal grants can support both prevention and direct-loss compensation, but a state or tribal government must apply and administer the assistance.
The announcement does not change California’s application rules or guarantee payment of outstanding claims. Producers interested in the funding should ask their state or tribal program administrator whether it plans to apply.
Oregon horse gather ends; Wyoming total reaches 520
BLM reports its Riddle Mountain emergency gather in southeastern Oregon concluded October 21, with 133 horses captured and no deaths in its latest tally. The operation remained below the court-authorized ceiling of 140. The agency has not announced when paused cattle grazing can resume.
At Wyoming’s Red Desert Complex, crews gathered another 53 horses on October 21, bringing the total to 520. Seven deaths have been reported, all attributed by BLM to pre-existing or chronic conditions, including three horses the agency says were completely blind.
The updates do not identify any livestock grazing authorizations restored following the removals.
