AG’s opinion a mixed blessing for ranchers

Tuesday, Feb. 18, 1997 | 11:59 a.m.

While the law prevents the Bureau of Land Management from acquiring water rights, the opinion leaves the U.S. Forest Service free to continue its efforts to secure access to Nevada's head waters.

The law amended Nevada statute to prevent anyone who doesn't own livestock from acquiring stock watering rights.

But last week's opinion says the law considers those lands managed by the BLM to be "public lands" while areas overseen by the forest service and U.S. National Parks Service are "reserved lands."

Sen. Dean Rhoads, R-Tuscarora, said it's too late for this legislative session to change the wording in the law he authored.

"It's a legitimate concern because if it's unlawful for the BLM to get these water rights, then why is it lawful for the forest service?" he asked.

Rhoads said he will work on changing the language and might even get help from other western states, the Elko Daily Free Press reported.

Meanwhile, Pete Morros, director of the Department of Conservation and Natural Resources, and State Engineer Mike Turnipseed expect Nevada to suffer the wrath of the U.S. Congress and the BLM because of the opinion.

The law was a "knee-jerk" reaction to proposed rangeland reforms from U.S. Secretary of the Interior Bruce Babbitt, Morros said.

Morros and Turnipseed said the BLM now has the necessary proof to go to Congress to get stronger laws put in the books giving the agency greater control.

"This will not serve the best interests of Nevada in the long run," Morros said. "We've given the federal government all the ammunition they need. They can go to Congress and say they tried to comply with state law and got kicked in the teeth for it."

But Rhoads said that instead of creating problems for Nevada, the law will add challenges for the federal government as more states duplicate Nevada's water law.

"I've already had a couple calls from some of the other western states about getting this passed in their legislatures," Rhoads said.