NCA 2009 President's Award Recipient - The Progressive Rancher ...

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PLC and NCBA Ask Supreme Court to Settle Hage Case —Call for a Limit on the Federal Government’s Reach WASHINGTON (Feb. 26, 2013) —Public Lands Council (PLC) and the National Cattlemen’s Beef Association (NCBA) are asking the U.S. Supreme Court to take up and settle a decades-long property rights case, Hage v. United States. The high court would determine whether the U.S. Forest Service violated the Takings Clause of the U.S. Constitution when it interfered with Nevada ranchers Wayne and Jean Hage’s stock water rights. PLC and NCBA were joined by Nevada Cattlemen’s Association, Oregon Cattlemen’s Association and Washington Cattlemen’s Association in their brief of amicus curiae, filed by Western Resources Legal Center (WRLC). “We believe that the case’s precedent-setting nature and importance to livestock producers’ property rights merits the Supreme Court’s consideration,” said Brice Lee, Colorado rancher and PLC president. “They deserve compensation for what the Forest Service took from them. Ranchers cannot operate without access to the water that is legally theirs.” The U.S. Forest Service had denied the Hage family access to ditches supplying their stock and several meadows with water. The agency demanded that the family file for a permit in order to maintain and use the water. Although a federal claims court decided the Hages were owed compensation by the agency for the water taking, the Federal Circuit Court of Appeals reversed this determination in part. “This case threatens the ability to carry out livestock activities both on and off federal land,” said WRLC Executive Director and representing Counsel Caroline Lobdell. “The federal agency, in effect, would be armed with the authority to unilaterally determine what constitutes reasonable or routine maintenance, and therefore empowered to subjugate vested 1866 Mining Act rights-of-way in favor of whatever policy rules the day.” According to NCBA President and Wyoming rancher, Scott George, if the agency is allowed to demand a permit for Hage’s ditch right-of-way, county road rights-of-way established under the Mining Act (known as “R.S. 2477 roads”) would also be in jeopardy. This would further threaten ranchers’ ability to stay in business, George said, since they often depend on those roads to access their grazing allotments. Lee summed up the case’s importance to livestock producers nation-wide. “The implications to livestock producers at-large are undeniable. This case, if not overturned, stands to remove the protective boundaries surrounding what constitutes a property right versus a ‘permitted use.’ It will lay a marker regarding individuals’ right to compensation for government takings. We strongly encourage the Supreme Court to take up this case.” Amicus Curiae Definition: Latin term meaning “friend of the court”. The name for a brief filed with the court by someone who is not a party to the case. “... a phrase that literally means “friend of the court” — someone who is not a party to the litigation, but who believes that the court’s decision may affect its interest.” William H. Rehnquist, The Supreme Court, page 89. Amicus Curiae briefs are filed in many Supreme Court matters, both at the Petition for Writ of Certiorari stage, and when the Court is deciding a case on its merits. Some studies have shown a positive correlation between number of amicus briefs filed in support of granting certiorari, and the Court’s decision to grant certiorari. Some friend of the court briefs provide valuable information about legal arguments, or how a case might affect people other than the parties to the case. Some organizations file friend of the court briefs in an attempt to “lobby” the Supreme Court, obtain media attention, or impress members. “An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored.” Rule 37(1), Rules of the Supreme Court of the U.S. (Wikipedia on-line dictionary) Paula Wright Memorial Scholarship Together with the family of the late Paula Wright, the Silver State Stampede Association would like to make known the availability of a $2,500 memorial scholarship. The scholarship will be awarded to an Elko County graduate, but is not limited to 2013 graduates. Any past graduate of an Elko County high school who is currently pursuing higher education is eligible to apply. While 2013 will be the first year that this scholarship will be awarded, in future years, former recipients will be eligible to reapply. IT’S NOT JUST CATTLE IT’S YOUR LIVELIHOOD Purchase livestock, machinery, real estate and more with our intermediate term loans. We’ll design a plan that’s right for you. Paula touched the lives of literally thousands of people through her work and dedication to community service; thus, the scholarship will be awarded according to applicants’ extracurricular and community service activities as well as goal-setting and plans for the future. All applicants will submit a resume and essay that will be reviewed and scored by a panel of Paula’s family and friends, and finalists will be interviewed in person. Finalists will also have the opportunity to earn additional points through hands-on volunteer work at the 2013 Silver State Stampede. Interested students can call Becky Lisle at 775-934-9201 or email paulawrightmemorial@hotmail.com for more information and application materials. Interested individuals will be given the actual judging criteria to help with preparation. Deadline for resume and essay submissions will be JUNE 1, 2013. Entries can be dropped off or mailed to Paula Wright Memorial Scholarship, c/o JM Capriola’s at 500 Commercial Street, Elko, NV 89801. The scholarship will be awarded at the 2013 Silver State Stampede rodeo; monies will be paid directly to the institution of higher learning. Call 800.800.4865 today or visit AgLoan.com RENO • ELKO • FALLON A part of the Farm Credit system. Equal Opportunity Lender. 16 April 2013 The Progressive Rancher AAC_ProgRanchr_cattlefinancing_4.8x5.425_bw.indd 1 1/22/2013 12:34:24 PM www.progressiverancher.com
Nutrition & Health Your success depends on it. Opportunity is knocking. Cattlemen are seeing some of the most favorable market conditions they may see in their lifetimes. More than ever, every pound counts. Loss of gain due to stress, sickness, poor nutrition, late calving, etc. does not have to happen. With good nutrition and animal health, producers can reduce unnecessary performance losses and add to their bottom line. For more than 20 years, Anipro has been designing supplement programs that will help make the most of your herd and feed dollar. Now is the time to work with your Anipro consultant to anyalyze feedstuffs and design a program to maintain cow body condition, calf health and optimize breed-back. Call 800-558-3341 today. Liquid Supplements Molasses and Distillers-Based Tubs Weatherized Minerals Complete Livestock Nutrition Programs for Profitability Anipro.com | 800.558.3341 www.progressiverancher.com The Progressive Rancher April 2013 17
Page 1 and 2: NCA 2009 President’s Award Recipi
Page 3 and 4: As we look forward to spring and tu
Page 5 and 6: The Progressive R ancher newly earm
Page 7 and 8: Cooperative Extension Announces Wee
Page 9 and 10: OFFICE: 775-423-7760 JACK PAYNE Cel
Page 11 and 12: Flying In the Face of Common Sense
Page 13 and 14: You can’t make this stuff up!!!!!
Page 15: Invited Property Rights Editorial N
Page 19 and 20: 4 control of public lands in Nevada
Page 21 and 22: Table 2. Vegetation Cover by Treatm
Page 23 and 24: Selecting Alfalfa Varieties: Fall D
Page 25 and 26: Federal Coordination with County Pl
Page 27 and 28: Handling and Stockmanship Skills Fl
Page 29 and 30: Shaw Cattle Co. Production Sale Rep
Page 31 and 32: The Return of an Uphill Domestic Ho
Page 33 and 34: Range Plants for the Rancher By Pau
Page 35 and 36: Canada Thistle Background Photo: UA
Page 37 and 38: Spotted Knapweed appeared near Miss
Page 39 and 40: The Progressive Rancher Coloring Pa

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