§ 35-45-105 — Reapportionment of range

(1) If any given area has been
adjudged to be subject to use either as a cattle or sheep range, any person in
interest may thereafter institute a supplemental proceeding in the same court
which rendered the original decree, by filing a supplemental petition setting forth
that such person has acquired livestock formerly grazed upon such range or ranch
property adjacent to said range from an owner who formerly grazed or herded stock
thereon. By reason of the change in ownership of such property the livestock
theretofore grazed on said range, or part thereof, will no longer be herded or grazed
thereon, and said petition may further show that said range can be apportioned and
the original decree can be modified so as to permit the herding or grazing of
different kinds of livestock upon a portion of said range without injury to or material
interference with the rights and business of a majority of the persons then using
said range and grazing the kind of livestock for which said range was originally
allotted.

(2) All persons using said range shall be made parties to the proceeding, and
if upon the final hearing it appears that said range can be further apportioned or
that livestock of a different kind can be grazed or herded on a portion of said range
theretofore used by a different kind of livestock without injury to the business of a
majority of the persons running livestock under the original decree, then such
change may be permitted by supplemental decree; but sufficient range shall be left
subject to the terms of the original decree to meet the actual requirements of all
persons still running livestock of the kind given the preferred or better right under
the original decree. Notice of the provisions of said supplemental decree shall be
given as in case of an original decree, and thereafter any person using the portion
of range described in said supplemental decree in accordance therewith shall not
be subject to fine or imprisonment for violation of any of the terms of this article.

Legislative History

Source: L. 29: p. 447, � 5. CSA: C. 160, � 164. CRS 53: � 8-8-5. C.R.S. 1963: � 8-8-5.