Court Finds Forest Service Must Compensate Grazing Association After Denying Its Access To Water On National Forest

A federal court recently held that the Forest Service must compensate a grazing association for its water rights after the agency prohibited it from allowing its cattle to access the water on land within the Lincoln National Forest.  Even though the Forest Service’s actions were taken to protect endangered species, this was not a defense and the government was still required to compensate the association for the loss of its right to beneficial use of the water.   As the court noted, “a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change.”  The court further held that small family-owned ranches “should not be forced to bear the entire financial burden” of the Forest Service’s land management choices if those choices interfere with property rights.