BLM, like Forest Service, Attempting to Take Private Water Rights

those turtles gotta have water too

Ranching has long played a role in Owyhee County and continues to do so today. Since the early 1990’s, the challenges from the Bureau of Land Management and their decisions, or lack thereof have had significant impact on the county government and the residents within the county. These impacts have been financially, emotionally, and on the ground. Probably the longest running threat and intimidation within Owyhee County has been that that has come from the BLM neglecting to fulfill their obligations of renewing permits; neglecting to gather necessary information in a consistent, accurate, timely manner lined out in their own guides; not involving the permittees as is required by those same rules and regulations; and the results of all of this is the permittees and the county then end up in court battling on the same side as the BLM to defend their rights, permits, and livelihood. This is at the expense of the county and the permittee as the BLM has the Federal Government to cover their attorney costs and time, which means it costs all tax payers and those in our county twice.

Prior to 1997 the BLM failed to complete the permit renewal work that necessary to keep 10 year grazing permits current, and as stated before, public lands ranching is the backbone of this vast county that is 77% federal land. Grazing continued for over half the permits by annual authorizations since the permits had been allowed to expire by the BLM. The 1995 changes to the BLM grazing regulations required a valid grazing permit in lack of action by the agency have direct effects on the economic base and also on costs of litigation to challenge these decisions order to graze on public lands, so this immediately put the permittees out of compliance due to BLM lack of doing their job, and brought radical environmental groups to file suit. The lack of action by the agency had, and is still having direct effects on the economic base of the county and the land owners here as the costs of litigation to challenge these decisions continue to be paid. The threat to the economic viability of the county, and the threat to the land owner and permit owner cannot be ignored as this is the backbone of the county. Legal counsel and consulting to protect themselves and their interests can cost an individual hundreds of thousands of dollars, but the cost of losing that is even higher to them and the county, not to mention it is a property right . Costs to defend several of these cases already have come in, with $100,000 for one allotment to reach a permit renewal; and two others at $55,000 currently where they are not even half way through defending themselves to get to the end result of the permit being renewed.

Management, the county developed a county land use plan in the early 1990’s in an effort to address matters relating to state and federal lands and to help protect their interests and assure input in decisions. The plan is reviewed regularly and updated, with most recent update to this plan being 2009, and reviews are more regular.
The county also has a signed Coordination Agreement with the Bureau of Land Management that dates back more than 15 years. This agreement was also established to help assure the county – which in turn represents the residents – is included and involved in decisions the agency makes. As the largest land owner in Owyhee County, these decisions often have significant impacts or effects on or within the county, which in turn can also affect the economic stability and well-being of the county, and have effect on the livelihood of the residents. Over the years the Coordination Agreement has been in effect, the Owyhee County Commissioners spend a tremendous amount of time reminding the BLM of their obligation to coordinate; reinforced by the signed coordination agreement. In the past three years over 25 letters have been addressed to the BLM by the commissioners on matters and decisions that have direct effect on the county. Many of letters have been written when the BLM either intentionally, or due to lack of management’s attention or new management, ignores the coordination process. The number of times this happens could certainly be seen, not only as a veiled threat to the county in that the BLM does not feel they have to comply, but it also comes across as a form of intimidation trying to get the county to back off of expecting them to follow the law and requirements of including them in decisions and planning processes.
Both of these have taken much time, resource and dedication by the elected officials, those participating in the public meetings to develop these and then keep them updated and reviewed, and the different groups, agencies, and others that use these in their decision making process within Owyhee County. The one agency that has given the county the most problem with these aspects is again, the BLM.

The economic stability of the county is first and foremost in my mind and duty as county treasurer, as it is with the commissioners. The costs to both the individuals and the county have effects on those communities as to dollars that could be spent in schools, business, or other areas having to go to threats and litigation caused by BLM decisions or lack thereof. The permit renewal process continues here in the county under a court ordered mandate now. That mandate came down in 2008, yet the BLM did not start on the 125 out of 150 permits included in that order until 2012 and the deadline is December 31, 2013. If that deadline is not met, the court stated the BLM will be held in contempt. Even though the process was not started in a timely matter, the ones paying the ultimate price, both financially and in emotional duress are the tax payers.

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So I've officially added BLM to the long list of federal agencies that should cease to exist.

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At the very least heads need to roll.