Thanks,
I’m trying to discern the historical difference between “Grazing” rights and “Water” rights.
I’m certain that in New Mexico and parts of Arizona the historical claims of Ranchers occupying those lands at the time of these fed land deals where provided relief from Federal authority.
Not so much in Nevada.
Nevada has some pretty grazer-friendly laws. They have just been ignored by the feds for a long time.
I believe Nevada grazing law recognizes the need for water to exercise your right to graze - so I believe water is included in the grazing easements.
But yes - i believe what you are stating is true regarding grazing and water. The BLM has not been operating in good faith for some time now.
Nevada is in exactly the same boat as New Mexico, Arizona, and California.
All private rights and interests that were in existence at the time that the treaty was signed are to be preserved.
There was no power to change any of these holdings permitted under the treaty.
.
By reducing grazing allotments to that below what qualifies to keep water rights, the BLM is, in effect, stealing title to those water rights. Like placer mining claims, water rights can be bought, sold, leased, transferred and willed to relatives or Frisco the Cat. Here are three examples on how water rights are viewed in the West:
Water rights are classified as “real property” in the state of Utah and are bought and sold much like real estate. Many real estate agencies will have listings for water rights much as they do for properties.
http://www.waterrights.utah.gov/wrinfo/faq.asp
The use of a water right is considered a property right and can be bought and sold like any other property. Water rights are exchanged, bought, and sold between private parties. The State Engineer does not assign title or ownership of water rights; he only confirms the Report of Conveyance (ROC).
http://dcnr.nv.gov/documents/documents/nevada-water-law-101/
A significant aspect of selling and buying ranch property in Colorado requires a detailed evaluation of water rights. By nature, a water right consists only of the right to use. In Colorado, a water right is considered real property, and therefore, is subject to the Statutes of Frauds and real property statutes of limitations; it passes as “real property” under a will,
http://www.frontporchrealty.com/waterrights.php?section=waterrights