Serving Whitman County since 1877
Serving Whitman County since 1877
Cattlemen from left to right, Ty Meyer, Bill Ryan, Dick McNeilly and Walter "Sonny" Riley address county commissioners Dec. 31.
A group of cattlemen landowners along the Snake River appeared in front of county commissioners Dec. 31 to ask for their signatures on a letter of support for their cause to acquire a piece of ground and make an exchange with the Army Corps of Engineers to get back on land long used to feed cattle in the canyons of the river.
The land, once private, was sold to the Corps in the 1960s and '70s in order to build Lower Granite Dam.
Since then, cattle were allowed to graze in various spots of the right-of-way, until violation notices began to appear in 2011.
Former rock quarries, created to mine large boulders to build up the banks of the river to lay out Granite Road and Wawawai Road, had been used by cattlemen as feeding and calving areas in the winter. For feeding, they would bring in round bails to be dropped into feeder devices.
The Army Corps owns an extended strip along the riverbank and up into the canyons along each side of the river as a right-of- way.
"We're trying to figure out how and where to feed cattle," said Ty Meyer of Colton, who leases land to Bill and Gary Ryan, who run cattle on it. "We want to figure out a way to get back on that ground."
The Ryans also own adjacent land.
The land in question is not fenced, only marked as Army Corps property by survey pegs on the hillside.
Meyer estimates the strip of land the cattlemen refer to is 1,700-2,000 acres on the north side of the river, with up to 25 landowners east of Central Ferry to the Idaho State line.
"That's a complete guess," said Bill Ryan. "We're in the process of determining that. The line isn't straight and the country is rugged."
Few crops are grown in the area, it's mainly cattle.
"It's rangeland. All steep canyon ground," Meyer said.
Citations
Violation notices have been written for having cattle feeders and bales on the premises.
Through the years, ranchers have used the Corps' ground in January through March, for feeding and calving. It's advantageous because it is flat and less muddy or icy in winter.
Meyer got one of the notices, and the Ryans have been off the quarry ground for four years now.
Their hundred head of cattle were absorbed into other herds on other leased land, which brings crowding problems, Ryan said.
One of the quarries in question is right across from Granite Point up a short road.
Group
Meyer appeared in front of commissioners with Bill Ryan, Walter Riley and Dick McNeilly.
In December they formed a group.
"We're getting a group together to address the whole strip at once," Meyer said. "Is there a process they're even willing to work with us, at this point?"
They have also solicited letters of support from the area's fire districts, regarding lack of payment from the Army Corps to battle fires on the right-of-way ground.
"We're fighting fire on ground that's in dispute," Meyer said.
'Handshake agreement'
When planning for Lower Granite Dam got underway, starting in the mid-'60s, the Army Corps bought stretches of land along the river to accommodate higher water levels to come. Railroad tracks were moved to higher ground.
Ranchers later still used part of the land they sold for some cattle operations.
"It was an agreement, they raised the water, it flooded everybody's feed ground," Ryan said.
"We're looking for engagement," Meyer said. "For them to acknowledge there was for 40 years some kind of handshake agreement to use this ground."
He stresses the ranchers are not against the dams, roads or quarries.
"The value of doing it is not being disputed," Meyer said. "But why now, the change of heart after 40 years of good relations?"
Answers
Meyer's land is nine miles upriver toward Lewiston from Wawawai Park.
"I don't want to sound like we're complaining or whining. We're just trying to find a solution," he said. "We want to be able to sit down and have a fruitful discussion."
The issue has been brought to commanders at the Walla Walla Army Corps of Engineers district office, for which a new leader is assigned every two years.
What is the next step?
"The group is joining together into a formal group. We're gonna work together to try to achieve this," Meyer said.
They met the week before Christmas and had a phone conference before that.
"We will meet again this winter before spring work hits," Meyer said.
They have also been in contact with Mike Poulson, an aide for Rep. Cathy McMorris Rodgers.
Poulson held a meeting in 2013 at the (Sonny) Riley's River Ranch at Central Ferry on the matter, hosting representatives from the Army Corps and landowners.
No particular action came out of it, although Meyer had some contact with the Army Corps regarding a possible lease of one of the rock quarries. A potential land exchange has also been discussed.
In February of last year, the U.S. attorney's office in Spokane filed a request asking a federal judge to sanction Riley for a list of citations.
The Army Corps of Engineers operates under the U.S. Department of Defense, answering to Congress.
"What we're trying to do is gain a lot of (local) support for our cause," Ryan said.
Commissioners' letter
Commissioners listened to the men Dec. 31 and voted unanimously to sign the letter, addressed to a non-specific "Dear General," to go into a packet the group of ranchers may take to Washington, D.C.
"Cattlemen ought to be one of their best advocates," said Commissioner Dean Kinzer. "They control a lot of the weeds (the Army Corps) doesn't control by grazing it."
"All they'll do is lie to you when they come up," Riley said to commissioners. "All they want to do is argue with us."
"We're looking for solutions with the Corps," Meyer said.
Letters to D.C.
The group's hope is to set up meetings in the nation's capital for which they will fly to attend later this year.
"If you've ever heard of grass roots, that's us," Ryan said. "None of us want to take time away from the operation to go to Washington, D.C., but we will if need to."
The Ryan brothers also grow wheat on a 141-year-old farm near Pullman.
"We need to find out if they're even willing to play ball with us," said Ryan. "To do a land exchange. It's the only thing they've responded to, at this point."
Written questions from the Gazette submitted to the Army Corps of Engineers Walla Walla District were answered by Gina Baltrusch, Public Affairs Specialist for the area office.
Q -- Why does the Army Corps want cattle off this land, such as the (former) rock quarry by Granite Point?
A -- The U.S. Army Corps of Engineers (Corps) has been working for several years to resolve livestock trespass and encroachment issues on lands on the lower Snake River. The Corps has an obligation to manage lands for public purposes. Ranging, grazing, watering or allowing livestock on Corps-managed federal lands is prohibited except when authorized by lease, license or other written agreement with the District Commander. In addition, past livestock trespasses and encroachments have generally been associated with commercial winter feeding and calving operations, not accidental/occasional grazing, which is inconsistent with the Corps’ land management goals/mission. While the Corps may use grazing as a limited land management tool in certain locations and situations, livestock-ranging and feeding operations do not fit well with the need to produce the maximum amount of wildlife habitat benefit from the lands managed by the Corps along the Snake River. Livestock operations are also incompatible with Corps-managed federal lands used for public recreation purposes.
Q -- Does the Army Corps want the private landowners by the rock quarry sites to fence off their land from the quarry sites or otherwise?
A -- The Corps' position on livestock trespass and encroachment is based on both law and policy. The means by which livestock owners prevent their animals from trespassing on Corps-managed federal lands is up to them.
Law: 16 USC §460d authorized the Secretary of the Army to establish rules for Corps Water Resource Development Projects. These rules were promulgated in Title 36, Code of Federal Regulation (CFR), Part 327, which has the force and effect of law. 36 CFR 327.11d states:
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 restriction on unauthorized livestock trespasses has been part of the 36 CFR 327 regulations for approximately 35 years.
Additionally, Revised Code of WA (RCW) 16.24.065(2), states, "Livestock may run at large upon lands belonging to the state of Washington or the United States only when the owner of the livestock has been granted grazing privileges in writing."
Policy: The Corps has authority to issue grazing leases, but only if it is in the public interest (e.g. useful as a land-management tool).
The District manages Civil Works lands in accordance with Corps natural resources regulations (Engineer Regulation 1130-2-550/540) and applicable Fish and Wildlife Coordination Act requirements (e.g., Lower Snake River Compensation Plan). Many of these seemingly unused areas actually provide quality wildlife habitat. Livestock grazing has not been identified as a beneficial land-management technique, especially considering the Corps’ wildlife habitat management mission (i.e., competition for forage vegetation, ground disturbance and destruction of quality habitat, etc.)
Livestock grazing is also inconsistent with the Corps’ recreation mission.
The presence of livestock in areas open for public recreation (e.g., hunting, hiking, etc.) indicates private exclusive use.
Livestock owners are free to request access easements over Corps-managed federal lands to reach their adjacent private property. It remains the responsibility of the private landowner, however, to prevent livestock trespasses on federal lands.
Q -- What changed to begin the citations written to these landowners in recent years, after they had cattle on the land apparently since the '70s, without any issue from the Corps?
A – The Walla Walla District acknowledges instances of inadequate trespass/encroachment enforcement in the past because of a lack of resources and/or funding. Inaction by the Corps in the past, however, does not provide a basis for livestock owners ignore the law, and property boundaries, and utilize Corps-managed federal lands for commercial livestock operations without written permission.
The District has increased its efforts to work with livestock owners to resolve intentional trespasses/encroachments on lower Snake River Corps-managed federal lands during the past 6-7 years. The District attempts to resolve cattle trespasses by the lowest enforcement means possible – citation or other legal action is the last resort.
Garth Meyer is a former Whitman County Gazette reporter.
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