Colorado § 35-45-101 - Determination of grazing rights.

§ 35-45-101. Determination of grazing rights.

To prevent dissension and breach of the peace, the question as to the kind of livestock, whether cattle or sheep, that shall have the preferred or better right to graze upon any particular portion of the public domain within this state shall be determined according to the use made thereof during the last grazing season, whether such use was as cattle or sheep range and whether the same was used as a spring, summer, fall, winter, or other kind of range; but a single instance of grazing or herding certain kind of livestock on any such range over the protest of others in prior use and occupancy thereof, who graze a different kind of livestock, will not confer a better right.

Source: L. 29: p. 443, § 1. CSA: C. 160, § 160. CRS 53: § 8-8-1. C.R.S. 1963: § 8-8-1.

ANNOTATION

Law reviews. For article, "The Public Domain in Colorado", see 13 Rocky Mt. L. Rev. 296 (1941).

This article does not violate constitution of United States or any act of congress; nor does it violate any prohibition of the Colorado constitution. Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087 (1932); Jouflos v. Pitchford, 91 Colo. 284, 14 P.2d 1097 (1932); Wyman v. Bell, 96 Colo. 223, 41 P.2d 242 (1935).

Object and purpose. All that was purposed by this article was to provide for judicial determination of what particular portions of government lands should be grazed by herds and what by flocks. Blanc v. People ex rel. Wilcoxson, 94 Colo. 10, 28 P.2d 801 (1933).

Inevitable effect of article is to enhance equality of enjoyment of citizens in the fruitful public domain. Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087 (1932).

What may be public domain is not to be determined pursuant to any provision of this article. Blanc v. People ex rel. Wilcoxson, 94 Colo. 10, 28 P.2d 801 (1933).

States may prescribe reasonable regulations applicable to public lands. The United States is vested with the power to control and make all needful rules and regulations with respect to the public domain, and, while such power cannot be restricted by state legislation, states may prescribe reasonable police regulations applicable to public land areas insofar as such regulations do not conflict with congressional enactment. Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087 (1932).