2005 Nevada Revised Statutes - Chapter 568 — Grazing and Ranging

CHAPTER 568 - GRAZING AND RANGING

COOPERATION WITH FEDERAL AGENCIES IN RELATION TO GRAZING LANDS

NRS 568.010 TaylorGrazing Act defined.

NRS 568.020 Provisionsof Taylor Grazing Act; money derived from grazing fees and leases.

NRS 568.030 Dispositionof money received from Federal Government under Taylor Grazing Act.

NRS 568.040 Stategrazing boards: Creation.

NRS 568.050 Stategrazing boards: Names.

NRS 568.060 Stategrazing boards: Members; chairman; qualifications.

NRS 568.070 Stategrazing boards: Selection and remuneration of officers.

NRS 568.080 Stategrazing boards: Compensation of members.

NRS 568.090 Stategrazing boards: Meetings; quorum.

NRS 568.100 Procedurefor expenditure of money from range improvement fund.

NRS 568.120 Authorizeduses of range improvement fund.

NRS 568.130 Conditionsauthorizing refunds from range improvement fund.

NRS 568.140 Cooperativeagreements for projects involving construction and maintenance of rangeimprovements and other projects.

NRS 568.150 Cooperativeagreements between board of county commissioners and state grazing boards;contents and conditions.

NRS 568.160 Depositof money resulting from cooperative agreement in range improvement fund;procedure.

NRS 568.170 CentralCommittee of Nevada State Grazing Boards: Establishment; membership.

NRS 568.180 CentralCommittee of Nevada State Grazing Boards: Compensation and expenses of members.

NRS 568.190 Officers;subcommittees; meetings of Central Committee of Nevada State Grazing Boards.

NRS 568.200 CentralCommittee of Nevada State Grazing Boards: Powers; duties; limitations.

NRS 568.210 Provisionsof NRS 568.010 to 568.210, inclusive, continue to apply toarea detached from state grazing district.

GRAZING PREFERENCE RIGHTS

NRS 568.225 Grazingpreference rights appurtenant to property; unlawful interference with grazing;penalty.

REGULATION OF GRAZING ON FEDERAL LANDS

NRS 568.230 Grazinginterfering with customary use of land unlawful; exceptions.

NRS 568.240 Customaryor established use: Definition; change.

NRS 568.250 Continueduse by established user not prohibited.

NRS 568.260 Penalty;liability for damages.

NRS 568.270 Restraintof violation by injunction.

NRS 568.280 Freetransit over and rights in public domain not prohibited.

NRS 568.290 Purpose;construction.

UNLAWFUL ACTS AND PENALTIES; LIABILITY FOR DAMAGES

NRS 568.300 Herdingor grazing of livestock on land of another without consent unlawful; liabilityfor damages; attachment.

NRS 568.330 Herdingor grazing of livestock in certain areas near water supply unlawful; penalty.

NRS 568.340 Herdingor grazing of livestock at spring or well of another or within 1 mile of homeor ranchhouse unlawful; liability for damages.

NRS 568.350 Unauthorizeddriving of livestock from range unlawful; penalty; liability for damages.

NRS 568.355 Openrange defined.

NRS 568.360 Dutiesof owners of domestic animals with respect to domestic animals upon highway.

NRS 568.370 Permittingdog to chase, worry, injure or kill domestic animals on open range or privateproperty unlawful.

_________

COOPERATION WITH FEDERAL AGENCIES IN RELATION TO GRAZINGLANDS

NRS 568.010 TaylorGrazing Act defined. As used in NRS 568.010 to 568.210, inclusive, Taylor Grazing Actmeans the Act of Congress entitled An act to stop injury to the public grazinglands by preventing overgrazing and soil deterioration, to provide for theirorderly use, improvement and development, to stabilize the livestock industrydependent upon the public range, and for other purposes, approved June 28,1934, being c. 865, 48 Stat. 1269, also designated as 43 U.S.C. 315 to 315r,inclusive, any amendment thereto and any replacement therefor, includingprovisions of the Code of Federal Regulations adopted and promulgated pursuantto any such act, amendment or replacement, providing for grazing districts orfor payment of a portion of the moneys derived from grazing fees or grazingleases to the State of Nevada.

[Part 1:67:1939; 1931 NCL 5581.14](NRS A 1975,543)

NRS 568.020 Provisionsof Taylor Grazing Act; money derived from grazing fees and leases.

1. The Taylor Grazing Act provides for the cooperationof the Secretary of the Interior of the United States with state and otherofficials and associations, and for the payment to the State by the Secretaryof the Treasury of the United States of certain moneys representing apercentage of:

(a) Grazing fees collected from stock raisers forgrazing use of areas within the various grazing districts created under the provisionsof the Taylor Grazing Act; and

(b) Lease charges collected from stock raisers leasingcertain specific tracts lying outside any such grazing districts.

2. For the purpose of brevity and clarification, thetwo different sources of the funds described in subsection 1 and paid to thestate are referred to in NRS 568.010 to 568.210, inclusive, respectively, as fundsderived from grazing fees and funds derived from grazing leases.

[Part 1:67:1939; 1931 NCL 5581.14]

NRS 568.030 Dispositionof money received from Federal Government under Taylor Grazing Act. All moneys derived from grazing fees and grazing leasesreceived by the State under the provisions of the Taylor Grazing Act shall bedeposited in the State Treasury in a special fund designated the Nevada TaylorGrazing Act Range Improvement Fund, to be allocated as follows:

1. That part of the Fund derived from grazing feecollections from each Bureau of Land Management grazing district shall bedistributed to each county according to its proportionate acreage of suchgrazing district, and all such funds received by any county shall be placed ina special fund to be designated as the Range Improvement Fund of GrazingDistrict No. ...... Where more than one grazing district is situated in any onecounty, separate funds shall be kept by such county for each district. Suchfunds shall be subject to disposition only by the state grazing board for eachgrazing district concerned, in the manner provided in NRS 568.010 to 568.210, inclusive.

2. That part of the Fund derived from grazing leasecharges from lands situated outside grazing districts shall be distributed toeach county according to its proportionate acreage of the lands from which suchlease charges were derived, and all such funds received by any county shall beplaced in a special fund to be designated as the Range Improvement Fund of................ County. All such funds shall be subject to disposition by theboard of county commissioners of each county concerned for range improvementsand related matters directly beneficial to the stock raising and ranchingenterprises of the county; but any project involving range improvementsundertaken by any board of county commissioners on public lands within agrazing district established under provisions of the Taylor Grazing Act shallbe undertaken by such board only in cooperation with the federal officials incharge of such district as provided for in NRS568.010 to 568.210, inclusive.

[2:67:1939; 1931 NCL 5581.15](NRS A 1975, 544)

NRS 568.040 Stategrazing boards: Creation. To direct and guidethe disposition of the range improvement fund of each grazing districtconcerned, in the manner most beneficial to the stock raising payers of thegrazing fees from which the funds are derived and to the counties concerned,there is hereby created within the State Department of Agriculture a stategrazing board for each Bureau of Land Management grazing district establishedand existing in Nevada under the provisions of the Taylor Grazing Act.

[Part 3:67:1939; 1931 NCL 5581.16](NRS A 1975,544; 1999, 3682)

NRS 568.050 Stategrazing boards: Names. Each state board shallbe known as the Nevada Grazing Board of District No. ......

[Part 3:67:1939; 1931 NCL 5581.16]

NRS 568.060 Stategrazing boards: Members; chairman; qualifications.

1. The members and the chairman of each of the stategrazing boards for the year 1975 shall be the members and chairmen of each ofthe boards of district advisers of each grazing district elected, qualified andserving on January 1, 1975, under the provisions of the Taylor Grazing Act andthe regulations promulgated under the provisions of that act. Such membersshall serve until their successors are elected and qualified as provided inthis section.

2. On and after January 1, 1976, each state grazingboard shall consist of not less than five nor more than 12 stockmen who grazelivestock upon the public lands within the grazing district for which suchstate grazing board is created. Officers and directors of corporations andpartners of partnerships which conduct such grazing are qualified to be electedto serve on such boards on behalf of such corporation or partnership. The termof each member is 3 years, beginning on January 1 next after his election.

3. In November of 1975 and in November of each thirdyear thereafter, each state grazing board shall specify the number of membersto serve on that state grazing board for the following term. Thereafter, theboard shall conduct an election of the members to serve for that term.

4. If a new grazing district is established, theCentral Committee of Nevada State Grazing Boards shall, within 90 days afterthe order establishing the district appears in the Federal Register, specifythe number of members to serve on the state grazing board for the new district.Thereafter the Central Committee of the Nevada State Grazing Boards shallconduct an election of the board members to serve for the balance of thecurrent 3-year term.

5. If any vacancy occurs on a state grazing board forany reason, the remaining board members shall elect a qualified successor tofill the vacancy for the unexpired term.

6. A duly qualified person elected to serve as amember of a state grazing board shall assume office after taking the oath ofoffice contained in NRS 282.020.

7. The persons, partnerships, associations orcorporations holding licenses or permits to graze livestock on the public landswithin the grazing district served by a state grazing board shall elect themembers to serve on that state grazing board, except as otherwise provided inthis section, and each such permittee is entitled to one vote. The particularstate grazing board shall supply the names of eligible persons to be elected toserve on the board to each permittee within the district so that each permitteemay cast his vote for a candidate of his choice. The secretary of the stategrazing board for such grazing district shall certify the results of theelection.

[Part 3:67:1939; 1931 NCL 5581.16](NRS A 1975,545)

NRS 568.070 Stategrazing boards: Selection and remuneration of officers. Each state grazing board may select its own chairman,attorney and secretary and may determine the secretarys and attorneysremuneration, and such remuneration shall be considered as administrativeexpenses of each board concerned, to be paid as provided for in NRS 568.010 to 568.210, inclusive.

[Part 3:67:1939; 1931 NCL 5581.16](NRS A 1975,546)

NRS 568.080 Stategrazing boards: Compensation of members. Themembers of the state grazing boards shall serve without salary while performingtheir duties as prescribed in NRS 568.010to 568.210, inclusive.

[Part 3:67:1939; 1931 NCL 5581.16](NRS A 1975,546; 1985, 439)

NRS 568.090 Stategrazing boards: Meetings; quorum.

1. Meetings of a state grazing board may be called atany time by the chairman or a majority of the members of the board.

2. Each board may adopt its own rules and regulationsfor the calling and holding of meetings. A majority of each board constitutes aquorum for the transaction of business by the board, and action by each boardmust be determined by a majority vote of the members present.

3. State grazing boards shall comply with theprovisions of chapter 241 of NRS.

[7:67:1939; 1931 NCL 5581.20](NRS A 1995, 183)

NRS 568.100 Procedurefor expenditure of money from range improvement fund. Allmoneys in the range improvement fund of a grazing district shall be paid out onclaims signed by the chairman and secretary of the state grazing board of thedistrict. Claims shall be approved by the board and preaudited by the countyauditor of the county concerned before they are paid.

[Part 3:67:1939; 1931 NCL 5581.16](NRS A 1967,985)

NRS 568.120 Authorizeduses of range improvement fund. Each stategrazing board may pay moneys out of the range improvement fund of its grazingdistrict:

1. For the construction and maintenance of rangeimprovements or any other purpose beneficial to the stock raising and ranchingindustries and, in turn, the counties situated within the grazing districtconcerned. None of the funds shall be used for projects involving constructionor maintenance, or both, of range improvements on public or state lands unlesssome legally constituted and authorized federal, state, county or citydepartment, division, bureau, service, board or commission is available for andauthorized and willing to undertake direct management and supervision of theproject concerned.

2. For the payment of proper administrative costs ofthe board, including travel expenses and subsistence allowances of its members,and for the payment of the services of its secretary and his necessary officeexpenses and for the services of its attorney.

3. For contributions to defray costs and expenses foractivities and projects incurred under its written authorization by the CentralCommittee of Nevada State Grazing Boards as provided for under NRS 568.170 to 568.200, inclusive.

[Part 4:67:1939; A 1941, 406; 1943, 36; 1943 NCL 5581.17](NRS A 1967, 985; 1975, 546)

NRS 568.130 Conditionsauthorizing refunds from range improvement fund.

1. During periods of range depletion due to severedrought and similar causes, or in case of a general epidemic of diseaseaffecting stock raising and ranching enterprises of the district concerned, orwhenever conditions are such that payment of grazing fees under the provisionsof the Taylor Grazing Act impose a burden on the payers beyond their reasonableability to pay, each state grazing board is authorized in its discretion, forthe general welfare of the State and counties, to direct and guide suchdisposition of the range improvement fund as may be required to make refund inwhole or in part to the payers of the grazing fees from which the fund wasderived.

2. The refund to each payer shall be determined byeach state grazing board concerned, the share of each payer to be determined bythe extent to which the grazing fees paid by each contributed to the sum to berefunded.

[Part 4:67:1939; A 1941, 406; 1943, 36; 1943 NCL 5581.17]

NRS 568.140 Cooperativeagreements for projects involving construction and maintenance of rangeimprovements and other projects.

1. Any project involving construction and maintenanceof range improvements as provided for in NRS568.010 to 568.210, inclusive, onpublic lands within any grazing district established under the provisions ofthe Taylor Grazing Act, shall be undertaken only under cooperative agreementsentered into on the part either of the state grazing boards or the boards ofcounty commissioners, as the case may be, and the federal officials in chargeof the grazing district concerned.

2. Any project mentioned in NRS 568.120 that is within the jurisdictionof a governmental entity and does not involve construction and maintenance ofrange improvements shall be undertaken only under cooperative agreementsentered into by the state grazing boards and the appropriate governmentalentities.

[Part 6:67:1939; A 1941, 406; 1931 NCL 5581.19](NRS A 1967, 985; 1975, 546)

NRS 568.150 Cooperativeagreements between board of county commissioners and state grazing boards;contents and conditions.

1. The boards of county commissioners and the stategrazing boards may enter into cooperative agreements under the provisions of NRS 568.010 to 568.210, inclusive, and may contribute fromtheir respective funds to the projects under the terms of the cooperativeagreements.

2. Such cooperative agreements shall:

(a) Prescribe the manner, terms and conditions ofcooperation and the amounts to be contributed from the range improvement fundof the grazing district or county concerned, as the case may be.

(b) Provide that the direct management and supervisionof the projects shall be exercised by the officials in charge of the federal,state, county or city department, division, bureau, service, board orcommission designated in the cooperative agreements as the agency cooperatingwith the state grazing board.

[Part 6:67:1939; A 1941, 406; 1931 NCL 5581.19](NRS A 1975, 547)

NRS 568.160 Depositof money resulting from cooperative agreement in range improvement fund;procedure.

1. Any moneys coming into or remaining in thepossession of any federal, state or local governmental agency as a result ofcooperation between any such agency and any of the state grazing boards, asprovided in NRS 568.140 and 568.150, may be restored to or placed inthe range improvement fund of the grazing district concerned.

2. The state grazing board shall, by resolution,request the federal, state or local governmental agency to pay to each countywithin the district moneys to be restored or placed in the particular rangeimprovement fund. Such moneys shall thereafter be paid to each county withinthe district by the federal, state or local governmental agency.

3. Any such funds received by any county shall beplaced in the range improvement fund of the district concerned and shallimmediately become subject to the provisions of NRS 568.010 to 568.210, inclusive.

[Part 6:67:1939; A 1941, 406; 1931 NCL 5581.19](NRS A 1975, 547)

NRS 568.170 CentralCommittee of Nevada State Grazing Boards: Establishment; membership.

1. To provide a means whereby they may act together inmatters of common interest and of general rather than local concern in carryingout the provisions of NRS 568.010 to 568.210, inclusive, state grazing boardsshall establish a committee which shall be known as the Central Committee ofNevada State Grazing Boards.

2. The Committee shall consist of either one or twomembers selected by and from the membership of each of the state grazingboards.

3. The members so selected shall serve at the pleasureof their respective state grazing boards and whenever a majority of the stategrazing boards shall have selected their member or members of the CentralCommittee, and authorized them so to do, those selected may meet and organize.

[Part 3 1/2:67:1939; added 1943, 36; 1943 NCL 5581.16a](NRS A 1975, 548)

NRS 568.180 CentralCommittee of Nevada State Grazing Boards: Compensation and expenses of members.

1. Members of the Central Committee shall servewithout remuneration for their time and services.

2. Each state grazing board which has a representativeon the Central Committee shall reimburse him for his expenses in the samemanner in which it reimburses the travel and subsistence expenses of its ownmembers.

[Part 3 1/2:67:1939; added 1943, 36; 1943 NCL 5581.16a](NRS A 1985, 439)

NRS 568.190 Officers;subcommittees; meetings of Central Committee of Nevada State Grazing Boards. Within the limitations contained in NRS 568.200, the Central Committee may:

1. Select its own officers, secretary, attorney andsuch subcommittees as it may deem necessary.

2. Adopt its own rules for the calling and holding ofmeetings and the carrying out of such instructions as may be received from timeto time from a majority of the state grazing boards.

[Part 3 1/2:67:1939; added 1943, 36; 1943 NCL 5581.16a](NRS A 1975, 548)

NRS 568.200 CentralCommittee of Nevada State Grazing Boards: Powers; duties; limitations.

1. State grazing boards are authorized and empoweredto make such use of the Central Committee as may be proper within theprovisions of NRS 568.010 to 568.210, inclusive.

2. The Central Committee shall not engage in anyactivity or project except when and as authorized and directed so to do inwriting by a majority of the state grazing boards, and, except for thenecessary and actual traveling and subsistence expenses of its members asprovided for in NRS 568.180, shall notincur any expense incident to its duties and activities except as authorized inwriting by a majority of the state grazing boards.

[Part 3 1/2:67:1939; added 1943, 36; 1943 NCL 5581.16a]

NRS 568.210 Provisionsof NRS568.010 to 568.210, inclusive, continue to apply toarea detached from state grazing district. Ifany part of any state grazing district, as once established and existing underthe provisions of the Taylor Grazing Act by order of the federal officialsconcerned, or otherwise, shall be detached therefrom and attached to and made apart of any federal grazing district of any adjoining state, the provisions of NRS 568.010 to 568.210, inclusive, shall continue to applyto the Nevada area so detached, the same as had the detachment not occurred.

[4 1/2:67:1939; added 1943, 36; 1943 NCL 5581.17a]

GRAZING PREFERENCE RIGHTS

NRS 568.225 Grazingpreference rights appurtenant to property; unlawful interference with grazing;penalty.

1. Except as otherwise provided in the Taylor GrazingAct:

(a) A grazing preference right shall be deemedappurtenant to base property; and

(b) If base property or any portion of base property issold, leased or otherwise transferred, the person to whom the property is sold,leased or otherwise transferred must not be deprived of any grazing preferenceright that is appurtenant to that property solely on the basis of the sale,lease or other transfer of that property unless the person consents to, orreceives just compensation for, the deprivation of that right.

2. Except as otherwise provided in NRS 568.230 to 568.370, inclusive, a person who willfullyor negligently:

(a) Interferes with the lawful herding or grazing oflivestock on land:

(1) That is base property; or

(2) Other than base property that is locatedwithin a grazing district and upon which the livestock are herded or grazed inaccordance with a permit to graze livestock issued pursuant to the provisionsof the Taylor Grazing Act; or

(b) Damages or destroys a fence, gate, facility forwatering livestock or other improvement that is used to sustain livestock andis located on land specified in paragraph (a),

is guilty ofa misdemeanor. In addition to any other penalty, the court shall order theperson to pay restitution.

3. As used in this section:

(a) Base property means any land or water in thisstate that is owned, occupied or controlled by a person who has obtained anappurtenant grazing preference right for that land or water pursuant to theprovisions of the Taylor Grazing Act.

(b) Grazing preference right means a right that:

(1) Is conferred upon a person pursuant to theprovisions of the Taylor Grazing Act; and

(2) Entitles the person to priority in theissuance of a permit to graze livestock in accordance with those provisions.

(c) Taylor Grazing Act has the meaning ascribed to itin NRS 568.010.

(Added to NRS by 1999, 2052)

REGULATION OF GRAZING ON FEDERAL LANDS

NRS 568.230 Grazinginterfering with customary use of land unlawful; exceptions.

1. It is unlawful to graze livestock on any part ofthe unreserved and unappropriated public lands of the United States in theState of Nevada, when grazing will or does prevent, restrict or interfere withthe customary use of the land for grazing livestock by any person who, byhimself or his grantors or predecessors, has become established, eitherexclusively or in common with others, in the grazing use of the land byoperation of law or under and in accordance with the customs of the graziers ofthe region involved.

2. NRS 568.230to 568.290, inclusive, does not prohibitthe grazing on any public lands of livestock owned, kept or used for work ormilking purposes by any ranch owner or bona fide settler, for his domestic use,as distinguished from commercial use, or prohibit the grazing of any livestocknecessary for and used in connection with any mining or construction work or otherlawful work of similar character.

[Part 1:226:1931; 1931 NCL 5581](NRS A 1985, 526)

NRS 568.240 Customaryor established use: Definition; change.

1. Customary or established use as graziers, otherwisethan under operation of law, as used in NRS568.230 to 568.290, inclusive, shallbe deemed to include the continuous, open, notorious, peaceable and public useof such range seasonally for a period of 5 years or longer immediately beforeMarch 30, 1931, by the person or his grantors or predecessors in interest,except in cases where initiated without protest or conflict to prior use oroccupancy thereof.

2. Any change in customary use so established must notbe made after March 30, 1931, so as to prevent, restrict or interfere with thecustomary or established use of any other person or persons.

[Part 1:226:1931; 1931 NCL 5581](NRS A 1985, 526)

NRS 568.250 Continueduse by established user not prohibited. NRS 568.230 to 568.290, inclusive, does not prohibit anysuch established user from continuing his grazing use, as established byoperation of law or in accordance with such customs.

[2:226:1931; 1931 NCL 5581.01](NRS A 1985, 526)

NRS 568.260 Penalty;liability for damages. Any person violatingany of the provisions of NRS 568.230 to 568.290, inclusive, is guilty of amisdemeanor, and, independently of the foregoing penalty, is liable to anyperson injured for all damages sustained by reason of the violation, and forsuch exemplary damages as the circumstances may warrant.

[3:226:1931; 1931 NCL 5581.02](NRS A 1967, 616;1985, 527)

NRS 568.270 Restraintof violation by injunction. The violation ofany provision of NRS 568.230 to 568.290, inclusive, may be restrained byinjunction, issued by a court of competent jurisdiction, pursuant to theprovisions of law and principles of equity relating to injunctions.

[4:226:1931; 1931 NCL 5581.03](NRS A 1985, 527)

NRS 568.280 Freetransit over and rights in public domain not prohibited. Nothing contained in NRS568.230 to 568.290, inclusive,prohibits free transit over and rights in the public domain where provided bythe Acts of Congress.

[6:226:1931; 1931 NCL 5581.05](NRS A 1985, 527)

NRS 568.290 Purpose;construction.

1. NRS 568.230to 568.290, inclusive, shall be deemedan exercise of the police power of the state, for the protection of theeconomic welfare and peace of the people of the state, and all of theirprovisions must be liberally construed for the accomplishment of its purposes.

2. Nothing in NRS568.230 to 568.290, inclusive,amends or repeals existing law regarding the grazing use of the public lands orof water for the purpose of watering livestock, or modifies or compromises anyvalid rights or priorities which exist therein on March 30, 1931.

[7:226:1931; 1931 NCL 5581.06](NRS A 1985, 527)

UNLAWFUL ACTS AND PENALTIES; LIABILITY FOR DAMAGES

NRS 568.300 Herdingor grazing of livestock on land of another without consent unlawful; liabilityfor damages; attachment.

1. It shall be unlawful for any person to herd orgraze any livestock upon the lands of another without having first obtained theconsent of the owner of the lands so to do. The person claiming to be the ownerof such lands shall have the legal title thereto, or an application to purchasethe same with the first payment made thereon.

2. The livestock which is herded or grazed upon thelands of another, contrary to the provisions of subsection 1, shall be liablefor all damages done by such livestock while being unlawfully herded or grazedon the lands of another, together with costs of suit and reasonable counselfees, to be fixed by the court trying an action therefor. The livestock may beseized and held by a writ of attachment, issued in the same manner as providedin chapter 31 or 71of NRS, as security for the payment of any judgment which may be recovered bythe owner of such lands for damages incurred by reason of violation of any ofthe provisions of this section. The claim and lien of a judgment or attachmentin such an action shall be superior to any claim or demand which arosesubsequent to the commencement of the action.

3. This section shall not apply to any livestockrunning at large on the ranges or commons.

[1:31:1893; C 780; RL 2335; NCL 4019] + [2:31:1893;C 781; RL 2336; NCL 4020] + [3:31:1893; C 782; RL 2337; NCL 4021]

NRS 568.330 Herdingor grazing of livestock in certain areas near water supply unlawful; penalty.

1. It is unlawful for any person, firm, corporation orassociation owning or having charge of any livestock to herd, graze, pasture,keep, maintain or drive the same upon, over or across any lands lying within anarea that has been identified by the board of county commissioners in thecounty in which the area is situated as unsuitable for such uses in order toprotect any surface intake, intakes, water boxes or surface reservoirs intowhich water is diverted for use for municipal, drinking or domestic purposes inthe state. A determination by the board of county commissioners that an area isunsuitable must be based upon scientific evidence and must be adopted byordinance after consultation with affected persons and state agencies. Theordinance must describe the area that is determined to be unsuitable and noticeof the determination and description must be posted in a conspicuous place inthe area.

2. Subsection 1 must not be construed to apply to:

(a) Prospectors or other persons passing over or beingtemporarily upon such lands with not to exceed 10 head of livestock.

(b) Livestock running at large upon the range, unlessby county ordinance any board of county commissioners has provided otherwise inthe case of the county concerned.

(c) Persons that are herding, grazing, pasturing,keeping, maintaining or driving livestock on their own lands.

3. Any person violating any of the provisions of thissection shall be guilty of a misdemeanor.

4. Each day the acts declared to be unlawful insubsection 1 are committed, done and continued constitutes separate, distinctand new offenses.

[1:188:1915; A 1929, 195; NCL 3996] + [2:188:1915;A 1929, 195; NCL 3997] + [3:188:1915; 1919 RL p. 2845; NCL 3998](NRS A1967, 617; 1995, 797)

NRS 568.340 Herdingor grazing of livestock at spring or well of another or within 1 mile of homeor ranchhouse unlawful; liability for damages.

1. It shall be unlawful for any person owning orhaving charge of any livestock to drive or herd or permit the same to be herdedor driven on the lands or possessory claims of other persons, or at any springor springs, well or wells, belonging to another, to the damage thereof, or toherd the same or to permit them to be herded within 1 mile of a bona fide homeor a bona fide ranchhouse.

2. The owner or agent of the owner of livestockviolating the provisions of subsection 1, on complaint of the person injured inany court of competent jurisdiction, shall be liable to the person injured foractual and exemplary damages.

3. Nothing in this section shall:

(a) Prevent the owners from herding or grazing theirlivestock on their own lands.

(b) Be construed as to prevent livestock being drivenalong any public highway.

[1:81:1917; 1919 RL p. 2845; NCL 3999] +[2:81:1917; 1919 RL p. 2845; NCL 4000]

NRS 568.350 Unauthorizeddriving of livestock from range unlawful; penalty; liability for damages.

1. It shall be unlawful for any person to lead, driveor in any manner remove any horse, mare, colt, jenny, jack, mule, or any headof neat cattle, or hog, sheep, goat, or any number of these animals, the samebeing the property of another person, from the range on which they arepermitted to run in common, without the consent of the owner thereof first hadand obtained.

2. The owner of any such animals, finding the samerunning on the herd grounds or commons with other animals of the same kind, ispermitted to drive his own animal or animals, together with such other animalsas he cannot conveniently separate from his own, to the nearest and mostconvenient corral or other place for separating his own from other animals ifhe, in such case, immediately, with all convenient speed, drives all suchanimals not belonging to him back to the herd ground from which he brought suchanimals.

3. Any person violating the provisions of this sectionshall be guilty of a misdemeanor.

4. In addition to the penalty provided for insubsection 3, such person shall be civilly liable to the owner of livestock soremoved from the range for the value of all such stock and the necessaryexpenses incident to their return.

[1911 C&P 377; A 1929, 108; NCL 10329](NRS A1967, 617)

NRS 568.355 Openrange defined. As used in NRS 568.360 and 568.370, unless the context otherwiserequires, open range means all unenclosed land outside of cities and townsupon which cattle, sheep or other domestic animals by custom, license, lease orpermit are grazed or permitted to roam.

(Added to NRS by 1983, 235)

NRS 568.360 Dutiesof owners of domestic animals with respect to domestic animals upon highway.

1. No person, firm or corporation owning, controllingor in possession of any domestic animal running on open range has the duty tokeep the animal off any highway traversing or located on the open range, and nosuch person, firm or corporation is liable for damages to any property or forinjury to any person caused by any collision between a motor vehicle and theanimal occurring on such a highway.

2. Any person, firm or corporation negligentlyallowing a domestic animal to enter within a fenced right-of-way of a highwayis liable for damages caused by a collision between a motor vehicle and theanimal occurring on the highway.

(Added to NRS by 1965, 644; A 1983, 235)

NRS 568.370 Permittingdog to chase, worry, injure or kill domestic animals on open range or privateproperty unlawful.

1. It is unlawful for any person to permit a dog tochase, worry, injure or kill cattle, sheep or other domestic animals on theopen range or on private property.

2. Subsection 1 does not apply to the use of a dog toherd domestic animals at the direction or with the permission of the owner ofthose animals.

3. Any person who violates the provisions of subsection1 is guilty of a misdemeanor.

(Added to NRS by 1983, 235)