A mouse vs. cattle: Showdown between ranchers and the feds in Otero County continues

By Rob Nikolewski │ New Mexico Watchdog

The dispute isn’t over between ranchers whose cattle have been locked out of drinking from a creek in southern New Mexico by federal agents who say the water is vital in order to protect a mouse expected to be listed as an endangered species.

What was called a “facilitated discussion” was held Friday morning in Albuquerque at the U.S. Attorney’s Office between officials from Otero County representing the ranchers and about a dozen representatives of the federal government, including the U.S. Forest Service and the U.S. Department of Justice.

But no agreement was reached between the two sides, according to Blair Dunn, the county’s attorney.

“Basically, the Forest Service said they don’t have the authority, and neither did DOJ or anyone at that meeting, to just allow the gate to be opened,” Dunn told New Mexico Watchdog.

Phone messages left with acting U.S. Attorney for New Mexico, Damon Martinez, and to the communications office of the DOJ’s office in Albuquerque were not returned as of 5 p.m. Friday.

The controversy marks another battle in the West between the federal government — which owns vast expanses of land in states like New Mexico, Utah and Nevada — and local ranchers who graze their cattle.

In Otero County, the officials at the U.S. Forest Service have fenced off access to water for the ranchers’ grazing cattle, hoping to protect the habitat of the meadow jumping mouse, which is expected to be listed as an endangered species next month.

The Forest Service says it is worried cattle will damage 23 acres along the Agua Chiquita that includes a natural spring. Opponents say the federal government has no right to control access to the water their cattle, thirsty from a long drought that has hit New Mexico, need.

The environmental group WildEarth Guardians, which has been lobbying to put the meadows jumping mouse on the endangered species list, sent out a letter Friday just before the meeting started, calling on the feds to keep the fences up.

“There is an all-too-common misconception in some western rural communities that ranchers somehow have a ‘right’ to graze by the virtue of their grazing permits,” citing a number of court cases as well as the Enabling Act the state of New Mexico signed in 1910 before becoming the nation’s 47th state.

“Our national forests do not belong to a permitee who would like to exploit their resources or local politicians who would allow it,” WildEarth Guardians program director Bryan Bird said in the letter. “They belong to all Americans.”

“It’s extremely frustrating,” Dunn said in a telephone interview. “In the past when we’ve had drought and problems, the Forest Service came and opened the gate … but they didn’t have any interest in doing that” Friday.

Before Friday’s meeting the ranchers had asked Sheriff Benny House to cut off the locks. House attended the meeting Friday but it’s not clear what the next step will be.

Dunn said Otero County officials will look into filing criminal complaints and civil lawsuits against the feds as well as asking the U.S. Congress to look into the issue.

Before Friday’s meeting, Rep. Steve Pearce, R-New Mexico, told Associated Press, “These disputes could be easily avoided if federal bureaucrats would stick to their constitutional oath and respect property rights.”

The Otero County standoff comes one month after Nevada rancher Cliven Bundy squared off against officials at the Bureau of Land Management. Bundy, who has lost
repeatedly in court, tends his cattle on federal land. After the BLM tried to round-up his cattle and sparked a protest, the BLM stopped the roundup and is considering what to do next.

“They (the federal agents at Friday’s meeting) don’t want to have a Bundy Ranch situation,” Dunn said. “But they wanted to try to push the county and the sheriff to tell their citizens to quiet down. That was what repeatedly came up was, ‘we really can’t promise to open the gate and we can’t really promise you anything to make things better but we want you to help us and go down there and get everybody to be quiet .’ As much as anything it was said to the county, you better quiet down or we’ll come after you.”

“The Forest Service is well within its right to completely restrict access the area and the water therein, a measure that WildEarth Guardians would support to ensure protection of the jumping mouse,” Bird said in his letter. ”Furthermore, such a complete restriction would be reasonable as it would apply to a meter 23 of the28,850 acres (less than .1 percent of the grazing at issue), and there is other water access therein that the permittee can use for cattle.”

Concact Rob Nikolewski at [email protected] and follow him on Twitter @robnikolewski