It's the scope and ownership of the grazing rights that is in dispute. Without sufficient grazing rights Bundy has no ranch and no livelihood.
In 1993 the Feds started an undeclared war on grazing rights - and therefore on ranchers - in the Gold Butte area.
The Desert Tortoise was given protected status, and cattle were denied grazing on 'tortoise-critical' land - despite the fact that the Desert Tortoise thrives in grazing areas due to the presence of moist cowpats. Seriously.
In 1998 Clark County - not the BLM - brought up all extant grazing rights in Gold Butte, to retire them in favor of the Tortoise. They didn't buy Bundy's, because his rights were in dispute as far back as 1994.
In 1993 the BLM sharply cut Bundy's grazing rights to starvation levels. Bundy disputes the right of the BLM to do this: he maintains that the change to the meager 150 head allotment asserted by the BLM is beyond their authority.
He maintains that in the 70's the rights were changed to 'ephemeral range classification' which means that cattle numbers could be matched with the amount of forage available. It seems that Bundy ran as many as 1,400 head of cattle back then.
Bundy also claims that his preemptive water rights are based on livestock beneficial use.
So ... it's a tangle. Since 1993 Bundy has been attempting to pay his grazing fees to Clark County, not to the BLM. As Clark County - not the BLM - brought the other grazing rights, it may be that Clark County are the only government agency that can legally own the grazing rights. If so then this means Bundy has a case in law.
But don't concentrate on the law. Concentrate on the federal overreach. Whatever the decisions of the Nevada courts: it's clear that the BLM have been deliberately running off ranchers in Gold Butte for 23 years. The land is being put aside as an offset for a solar farm in the vicinity, or some damn thing.
FReepers: if it turns out that Bundy doesn't have a case - don't shrug your shoulders. Don't salve your conscience based on some jot or tittle of a printed statute. Bundy is in the right: the BLM are indeed abusing wildlife protection laws to drive him off his land.
Remember that the American revolution was illegal in every single way, except that it was right.
But don't concentrate on the law. Concentrate on the federal overreach.
The Fed is too big and too corrupt, but I'd rather focus on the law for now. Thanks for providing some details.
Thanks. AS you say it’s a tangle.