Serving Whitman County since 1877

‘Trespassing’ cattle: Cattle ranchers meet with corps

Three Army Corps of Engineers representives from the Walla Walla district met with approximately 60 ranchers along with several federal, state and county officials in a shop building at Riley’s River Ranch near Central Ferry Saturday morning.

The session was called in response to recent efforts by the corps to end what has been termed “cattle trespassing” on government-owned property along the Snake River reservoirs.

Both sides seemed hopeful the session was a first step toward a compromise, although nothing was resolved at the Saturday session.

Mike Poulson, representing U.S. Rep. Cathy McMorris-Rogers’ office, organized the meeting. He told the ranchers he has dealt with the corps over this issue for the last year.

“We should try to communicate rather than be angry,” he said. “I hope they listen to some common sense.”

Dick McNeilly of Colfax and Bill Ryan of Pullman were spokesmen for the ranchers. Both had been notified to remove their cattle off corps land, a practice they have followed for more than 40 years.

Before the meeting, McNeilly said all he wanted was a resolution. He said he pastures cattle along the river at Penawawa and Wawawai, but his cattle only graze there from about January to the end of May. The cattle graze the rest of the year in summer pastures in northern Idaho, he said.

Lt. Col. Drew Kelly, Walla Walla district engineer, and two other representatives from the corps sat at a table in the shop.

“Thanks for the invitation,” Kelly told the group. “I’m a little surprised by the number of people here, but I think it’s fantastic. The goal for me is I wanted to be sure that we communicate clearly. It’s difficult and a challenge for us to communicate effectively. I’ve only been in the Walla Walla District for seven to eight months, and I know we struggle to effectively communicate. We can find a common solution. I appreciate everyone’s time.”

The colonel, dressed in Army fatigues, said later to the attendees Saturday he believes the corps has been “heavy handed” in its actions and believes there are ways to resolve the dispute.

At one point he explained the district had a $250 million budget cap for habitat improvement on the river.

McNeilly and Ryan presented a power-point presentation aimed at showing the corps how letting cattle graze on land is beneficial.

The slides introduced the Concerned Cattle Producers of the Snake River Breaks.

“We are a group of concerned cattlemen on the Snake River,” McNeilly said.

“We need summer and winter grazing lands,” McNeilly said.

McNeilly said the land along the river owned by the corps ranges in width from 10 to 400 feet.

Ryan said ranchers have had a good faith agreement for half a century and can’t understand why it’s now been overturned.

“We’re here for the long haul,” he said. “We’re a family operation and we take care of our land.”

“Only in three months we need plots to feed,” Ryan said. He said there’s been a long standing agreement with the corps about letting cattle graze on corps land.

McNeilly said ranchers lost winter feed areas when the dam resorvoirs flooded land in the 1960s.

McNeilly cited instances when the corps sent him letters, had stock panels confiscated and gates locked.

“We’ve been forbidden to use our own adjacent place to run cattle,” he said.

“We had a good faith agreement and were told since you lost good feed areas (when the dams were built), we could graze our cattle.”

Ryan said he remembered when he was 10 years old and his father told him that they could use the adjoining land.

“We use it and take care of it,” he said. “I don’t know who he talked to. All I know is that they shook hands.”

They pointed out that the grazed land has very few weeds and little fire fuel during hot, dry summers.

The ranchers showed pictures of several areas where new growth was on the grazed land, and where weeds and tall grass grew on corps land that hadn’t been grazed.

Ryan emphasized re-vegetation occurs every year during the time the cattle are out of the grazing lands.

“Without the cattle, there would be no habitat,” he said.

“Ranchers have been openly allowed to graze and feed on that land for over 40 years,” McNeilly said. “The cattle are tools to manage the ecosystem.”

Ryan said he received a letter from the corps Feb. 7 telling him to remove his cattle within 180 days.

“We’ve been there for 40 to 50 years and now we’re suddenly encroaching,” he said.

McNeilly said he received a letter from the corps Dec. 17 telling him his cattle could no longer graze on corps property.

Ryan said ranchers have made several offers to work with the corps including purchasing land and doing grazing studies, all being dismissed by the corps.

Corps representatives said they have received no written offers that could be documented.

“We know there’s nothing in writing; it was a gentlemen’s agreement,” Ryan said. “That’s the way we operate.”

He also said that the state Fish and Wildlife Department funds grazing studies for habitat and Washington State University officials are willing to work with ranchers to research grazing studies along the river. He said WSU officials agreed to partially fund and participate in studies.

The ranchers also cited an example where sheep are grazing an area near Dwoshak Reservoir to control yellow star thistle.

“Livestock is being used as part of a managed approach,” Ryan said.

“We are a hard working community,” Ryan said. “We work together. We share fencing and we work at our, and your, noxious weeds. Grazing is used as a management tool. We are dedicated stewards of the land. We are neighbors and when there’s a fire, we have a shovel brigade.”

“We do our business locally,” McNeilly said. “We are important, I hope. That calf is the seed of the industry. We support lots of jobs.”

Ryan agreed.

“We need the cattle for our employees for the winter months,” he said. “If they wouldn’t have the cattle, our employees would go on unemployment.”

If the ranchers and corps could cooperate, it would be a win-win for family ranchers, communities, the corps and wildlife, McNeilly said.

“I think it’s possible.” he added.

The ranchers proposed four options to the corps:

• Sell the land back to the ranchers;

• Long term lease of 50-plus years;

• Land trade;

• Grazing study with WSU.

“We don’t want to kick the can down the road,” McNeilly said. “We want a long-term resolution.”

“We hope the corps is willing to work with us,” Ryan said.

After the presentation by the ranchers, Kelly stood up in front of the crowd.

“There has been no policy change,” he said. “There’s no targeting. We’re not going out with a magnifying glass and trying to get stuff,” he said.

“Times have changed since the 1960s. Now we are much more in keeping to the natural state of the land. We’re out on the river more and trying to identify more habitat. This is coming to light and we can’t ignore it. We have federal rules and regulations we are duly bound to follow.”

“By no stretch of the imagination am I here to defend the land. We are looking for a resolution. We don’t know how to get through the requirements. You’ve got our full attention,” the district engineer said.

Alex McGregor of the McGregor Co. said he sees the dispute as “a good opportunity to work together in a positive way. Our relationship with the corps is very sound,” he said. “We need to focus on sound science and support those efforts. These are remarkable families. They take care of resource lands. I know these people can work with you. They are hard workers and they are willing to cooperate.”

“My assessment is that we’ve been heavy-handed,” Kelly said. “I do think there are potential ways to resolve this.”

However he also advised the property owners the corps letters will keep on coming to ranchers.

“But while we do that, there’s plenty of room for talk. We deal with individuals on a case-by-case issue,” he said.

A letter in an information packet released at the session by the corps outlined the present policy:

“Walla Walla District’s position on cattle trespass is based on both law and policy.

“Ranging, grazing, watering or allowing livestock on project lands and waters is prohibited except when authorized by lease, license or other written agreement with the district commander.

“The district attempts to resolve cattle trespasses by the lowest enforcement means possible - citation or other legal action is the last resort.

“During our resolution efforts with the cattle owners, the Walla Walla District acknowledged the hardship of moving cattle to an alternate winter location during mid-season and offered to work with cattle owners to reduce the impact to their current operations, conditional upon the owners’ written commitment to remove the cattle and personal property encroachments by the end of April and to desist from future such trespasses or encroachments. The district did not receive the requested response to these offers of accommodation for the winter season.

“The district acknowledges instances of a lack of trespass or encroachment-policy enforcement in the past because of unavailable resources and/or funding. Inaction in the past, however, shall not provide a basis to deviate from appropriate enforcement and/or resolution actions in the future as resources and funding become available.”

“I think it was very well attended,” McNeilly said Monday. “We had a lot of influential people there. But I think the corps talked in a circle.”

McNeilly said no second meeting has been scheduled.

“I think we’ll have to put offers in writing,” he said.

Ryan said at least the corps acknowledged there’s been communication problems.

“We presented a strong case, but I didn’t leave there feeling real hopeful,” Ryan said Tuesday afternoon.

He said he’s working with WSU to get a grazing study proposal together and get it to the corps in writing.

“At least this is a first step,” he said.

All three Whitman County commissioners attended.

“The proof will be in the results,” Commissioner Michael Largent said. “Does he (Kelly) have the latitude to respond to community needs as we see them?”

“I think they’re going to want to work something out. The cattlemen will make good partners,” said Commissioner Dean Kinzer.

He said he believes there’s a question about who has jurisdiction.

“If all the lieutenant colonels before him have cooperated, why not now?”

Commissioner Art Swannack agreed with Kinzer.

“It’s in the corps’ best interest,” he said. “They’ll gain more by working with the cattlemen. I hope we got that conveyed to them.”

 

Reader Comments(0)