Key federal statutes that confirmed or granted split estate property rights to western ranchers.
Compiled and researched by Angus McKintosh
* links to each document will be attached as soon as I compile them in PDF format. Please be patient but if you can't wait you should be able to use the information below to find the documents you need in a web search engine. Thanks Laura.
| Date passed | Known As: | Relevant Provisions |
August 26, 1866 |
Act of 1866 |
Granted right of way for stock trails over public lands; confirmed approprication water doctrine; Severed water from the land |
| July 9, 1870 | Act of 1866 / 1870 | Amended 1866 Act to grant ROWs in reservoirs as well as ditches and canals |
| March 3, 1877 | Desert Lands Act | Severed all water from public land for the purpose of appropriation under state law, including ground water |
| July 5, 1884 | ROW act of 1884 | By specific provisions, extended the rights of way for livestock over the public land and federal reservations |
| Feb 25, 1885 | Unlawful Enclosures Act | Further protect grazing rights of ranchers by preventing encroachment on ranges of established stockmen |
| August 30, 1890 | Act of 1890 | Established 100th meridian of longitude as the line betweem {east riparian} and {west appropriation} water rights {yes there is a difference} |
| March 3, 1891 | Forest Reserve Act | Revised most federal land laws to conform with appropriation water doctrine; granted more ditch ROWs |
| Jan 13, 1897 | Livestock Res Site Act LRSA | Specific grant of 160 acre stockwater "locations" around every stockwater site; included springs, wells,etc.; Specifically recognized right of grazing, breeding, driving |
| June 4, 1897 | Forest Service Organic Act FSOA | Guaranteed forest reserves would remian open for appropriation of water rights, protect right of access and right to build more roads and improvements |
| March 3, 1899 | Forest Reserve ROW Act | Authorized the granting of ROWs through Forest Reserves |
| May 23, 1908 | Twenty Five Percent Fund | Authorized the Secretary of Ag. to distribute 25% of forest reciepts including grazing fees to the State and County of origin |
| June 25, 1910 | Pickett Act | Authorized President and Secretary of Int. to withdraw and classify land as grazing districts to protect prior water and ROWs {Not Public Land Anymore} |
| June 30, 1914 | Cooperative Improvement Fund | Authorized Secretary of Ag to recieve refundable cntribution from rancher for performing surveys and constructing range improvements in National Forests |
| Dec 29, 1916 / amendments 1929 & 1949 | Stock-Raising Homestead Act SRHA and Amendments | Authorized President to use Pickett Act to withdraw land that ranchers already had water rights and ROWs on; make stock driveways; and 1929-1949 amendments specifically made compensation provisions for forage, improvements and the value of the land for grazing applicable to ranchers having range and water rights |
| June 28, 1934 | Taylor Grazing Act | Directed Secretary of Int. to grant ROWs to stockraisers who had water rights and ROWs under other Acts: established Coop Improvement Fund same as in National Forests |
| July 22, 1937 | Bankhead - Jones Act | Established national grasslands and provided for granting ROWs as part of government "resettlement program" |
| October 1975 | Federal land Policy Management Act | Repealed all previous ROW statutes but granted protection of prior rights and compensation for range improvements |
*Your grazing allotment permit application states: "Subject to Valid Existing Rights" Read the above laws and be sure you understand what these rights are.