UTAH’S LIVESTOCK WATERING ACT OF 2008: WILL THE AMENDED LEGISLATION AVOID THE LITIGATION STAMPEDE?

Abstract

Water has always been a contentious issue in the West, and when it comes to livestock grazing, it is well understood that “he who control[s] the water control[s] the range.” Livestock owners depend on the water found on the public land where their livestock graze. Naturally, they want to protect these water sources from government interference. The Livestock Watering Rights Act of 2008 (“the Act”) was intended to grant greater protection from federal agencies on public grazing land and ensure the future of ranching in Utah. However, after the Act’s passage, it became apparent that it impacted the federal agencies that Utah livestock owners depend upon for cooperation, and cooperation between land management agencies and livestock owners is often necessary for successful management of these grazing allotments on federal land. HB 256 is legislation that amends the Act and was aimed to resolve the dispute it caused. In the proceedings involving HB 256’s passage, Senator Stowell stated “Last year we did some legislation that had some flaws in it. This bill fixes it.”