Sandhusker
Well-known member
Assistance Given to LU Ranch, Joyce Livestock
in Effort to Take Water Rights Battle to Supreme Court
Billings, Mont. – On the recommendation of the R-CALF USA Private Property Rights Committee, the group’s board of directors has decided to contribute $1,000 to the legal expenses of the LU Ranch and Joyce Livestock in their long-term fight with the federal government for the water rights on land covered by federally administered grazing allotments.
After years of wrangling in the court system, the Idaho Supreme Court ruled that the ranchers owned the water rights on the federal land, but unfortunately, the Idaho Supreme Court held that the ranchers were not entitled to recover their attorney fees.
Oklahoma attorney and R-CALF USA member Harlan Hentges said that through the years, U.S. governmental officials have claimed that the federal government owns the water rights on land covered by federally administered grazing allotments. Not so, he said.
“The water rights belong to the ranchers who have put the water to beneficial use and have owned these water rights for decades,” he said. “Through the years, overzealous governmental officials have abused their power and ignored ranchers' private property rights on the water.
“The United States sued LU Ranching and Joyce Livestock and challenged these ranchers’ historic water rights for their ranching operations, which are located on federally administered grazing allotments,” Hentges explained. “The ranchers had two choices: 1) give up their water rights to the United States, and therefore the viability of their ranches; or, 2) defend their historic family water rights against the United States, even though the cost of doing so would exceed the value of their ranches. These ranchers defended their water rights and prevailed.”
“This was a great victory for these ranchers and other ranchers who are the target of the United States’ government because the Idaho Supreme Court rejected each and every legal theory raised by the United States,” said R-CALF USA Private Property Rights Committee Chair Kimmi Lewis.
“This abuse of power has been stopped, thanks to great sacrifice by two courageous ranching families who own LU Ranching Co. and Joyce Livestock Co., but the fight is not over,” she continued. “The ranch families are now trying to recover the cost of defending themselves.”
The ranchers’ claims for attorney fees are based on the Equal Access to Justice Act, 28 U.S.C. § 2412 (2000) (EAJA), which states:
“Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.”
“Based on this statute, Joyce Livestock and LU Ranching have appealed the Idaho Supreme Court’s decision that they’re not entitled to recover their attorney fees to the Supreme Court of the United States,” Lewis explained. “A Supreme Court decision in favor of Joyce and LU would be a great benefit to other ranchers and any other person trying to protect their rights against the U.S. government.
“I read about these ranchers many years ago and thought about the determination and grit the families must have had,” she said. “We must help our neighbors and be good neighbors, and we want to encourage landowners everywhere to find out what their property rights are and use them. That’s how you keep them.
“If these ranchers win the right at the Supreme Court to recoup their legal fees, that victory will send a strong signal to property owners everywhere that they can stand up for what is rightfully theirs without the risk of losing their ranches or farms in the process,” Lewis concluded.
in Effort to Take Water Rights Battle to Supreme Court
Billings, Mont. – On the recommendation of the R-CALF USA Private Property Rights Committee, the group’s board of directors has decided to contribute $1,000 to the legal expenses of the LU Ranch and Joyce Livestock in their long-term fight with the federal government for the water rights on land covered by federally administered grazing allotments.
After years of wrangling in the court system, the Idaho Supreme Court ruled that the ranchers owned the water rights on the federal land, but unfortunately, the Idaho Supreme Court held that the ranchers were not entitled to recover their attorney fees.
Oklahoma attorney and R-CALF USA member Harlan Hentges said that through the years, U.S. governmental officials have claimed that the federal government owns the water rights on land covered by federally administered grazing allotments. Not so, he said.
“The water rights belong to the ranchers who have put the water to beneficial use and have owned these water rights for decades,” he said. “Through the years, overzealous governmental officials have abused their power and ignored ranchers' private property rights on the water.
“The United States sued LU Ranching and Joyce Livestock and challenged these ranchers’ historic water rights for their ranching operations, which are located on federally administered grazing allotments,” Hentges explained. “The ranchers had two choices: 1) give up their water rights to the United States, and therefore the viability of their ranches; or, 2) defend their historic family water rights against the United States, even though the cost of doing so would exceed the value of their ranches. These ranchers defended their water rights and prevailed.”
“This was a great victory for these ranchers and other ranchers who are the target of the United States’ government because the Idaho Supreme Court rejected each and every legal theory raised by the United States,” said R-CALF USA Private Property Rights Committee Chair Kimmi Lewis.
“This abuse of power has been stopped, thanks to great sacrifice by two courageous ranching families who own LU Ranching Co. and Joyce Livestock Co., but the fight is not over,” she continued. “The ranch families are now trying to recover the cost of defending themselves.”
The ranchers’ claims for attorney fees are based on the Equal Access to Justice Act, 28 U.S.C. § 2412 (2000) (EAJA), which states:
“Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.”
“Based on this statute, Joyce Livestock and LU Ranching have appealed the Idaho Supreme Court’s decision that they’re not entitled to recover their attorney fees to the Supreme Court of the United States,” Lewis explained. “A Supreme Court decision in favor of Joyce and LU would be a great benefit to other ranchers and any other person trying to protect their rights against the U.S. government.
“I read about these ranchers many years ago and thought about the determination and grit the families must have had,” she said. “We must help our neighbors and be good neighbors, and we want to encourage landowners everywhere to find out what their property rights are and use them. That’s how you keep them.
“If these ranchers win the right at the Supreme Court to recoup their legal fees, that victory will send a strong signal to property owners everywhere that they can stand up for what is rightfully theirs without the risk of losing their ranches or farms in the process,” Lewis concluded.