Diamond Bar Cattle Co. v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that under New Mexico law private ranchers do not have grazing rights incident to their water rights on federal lands
• concluding that the Mining Act “cannot fairly be read to recognize private property rights in federal lands, regardless of whether proffered as a distinct right or as an inseparable component of a water right”
• affirming district court’s decision enjoining plaintiffs from further unauthorized grazing, assessing unauthorized use fees, directing removal of plaintiffs’ cattle, and finding plaintiffs in trespass of federal lands because they grazed cattle on NFS allotments without a permit
• distinguishing between the right asserted in Hage — “to forage only along the waterfront or a right to lead ... cattle to water solely to drink” — and the broader claim of a right to “occupy and possess, without federal authorization ... federal land for cattle grazing purposes”
• “Plaintiffs contend their water right is of little utility if their cattle have no place to graze. If true, the fault lies with plaintiffs, who were fully apprized of the consequences of failing to renew their permits.”
• “Plaintiffs contend their water right is of little utility if their cattle have no place to graze. If true, the fault lies with plaintiffs, who were fully apprized of the consequences of failing to renew their permits.”

Source: CourtListener parenthetical corpus (CC0).