§ 35-45-106 — Overstocking range

(1) It is declared the policy of this state to
preserve the grasses and vegetation on the public domain and protect the wild
game of this state in their natural ranges, and especially on the winter ranges, and
to prevent erosion of the soil and thereby conserve the waters and water supply
originating on the public domain ranges of this state, and to prevent the
indiscriminate and unregulated overstocking of such ranges which tends to deplete
and destroy such vegetation, increase erosion, and diminish the water supply of the
streams and springs of the state of Colorado. After May 19, 1929, when any range is
adjudged or decreed to be either a cattle or sheep range under the provisions of
this article, any person using such range and any person having the right to use
water from any stream or source of supply fed from the watersheds in any such
range may apply to the court in a supplemental proceeding to establish that any
such range is then overstocked or that said range is about to be overstocked with
the kind of livestock which may lawfully be herded or grazed thereon and that the
vegetation is being permanently destroyed or is about to be permanently destroyed
and the water supply upon which any person is dependent is about to be diminished
or impaired.

(2) All persons using said range shall be made parties defendant and the
court shall proceed to hear testimony and fully investigate the conditions and
determine the number of livestock that may be ranged thereon during the seasons
when said range is customarily used for grazing purposes, and if it is fully and
satisfactorily established by competent evidence that said range is then
overstocked or is about to be overstocked, the court may determine the number of
livestock that said range or portion of said range is capable of supporting for a
period not exceeding two years, enjoining all persons from willfully or intentionally
grazing or herding any greater number upon said range. As between the users of
any such range adjudged to be an overstocked range, those who have made prior
continuous use of said range in accordance with the customary use thereof and
those who have privately owned lands accessible to said range upon which their
said livestock can be fed or grazed when not on the public range shall have the
preferred right up to the allotted number fixed by decree of court, and any decree
entered under the provisions of this section shall so provide.

Legislative History

Source: L. 29: p. 448, � 6. CSA: C. 160, � 165. CRS 53: � 8-8-6. C.R.S. 1963: � 8-8-6.