WildEarth Guardians

Monday, April 14, 2003
Arizona State Land Department Says Environmental Group Can 'Unranch' Grazing Lease; Requests Sealed Bids For Lease

The groups hailed the decision saying it signals the end of an archaic and illegal policy that provided the livestock industry with exclusive control of Arizona state lands
Contact: WildEarth Guardians

Phoenix, AZ - In an historic decision the Arizona State Land Department willallow WildEarth Guardians to compete fairly for a 162 acre state grazing leasenear Elgin, potentially opening up to competition from conservation groups more than 8 million acres of land held exclusively by ranchers. The ruling, issued April 3, 2003, represents the first time that a conservation group will be given any opportunity to acquire a grazing lease to state school trust lands.

The administrative decision, which the agency was directed to render after the Arizona Supreme Court had ruled in November 2001 that previous denials of the environmental groups’ bids were unconstitutional, includes two key provisions that create a more level playing field, according to WildEarth Guardians.

First the Commissioner determined that the current leaseholder, EthlynTelles, has forfeited her preferential right of renewal and thus, cannotsimply match any and all competing bids. Second, the Land Department ruledthat environmental groups can hold grazing leases, stating "the Trust mustconsider a restorative use of the land when proposed by a high bidder."

The groups hailed the decision saying it signals the end of an archaic andillegal policy that provided the livestock industry with exclusive control of Arizona state lands. "This ruling overturns nearly a century of misguided policy that subsidized the livestock industry with dirt cheap fees at the expense of greater revenue for public schools and greater environmental protection," said John Horning, WildEarth Guardians’ Executive Director.

The State Land Department has directed the two competing parties to submitsealed bids for the parcel, which includes a small portion of the BabocamariRiver, by May 5, 2003. WildEarth Guardians has been attempting to acquire anArizona state grazing lease since July 1997 when it submitted two applications-one for the Elgin parcel and another for land northwest ofFlagstaff.

"We’ve been fighting for almost six years to get a level playing field and now it appears we may have one," said Horning, who noted that if the group is awarded a 10-year lease it will exclude cattle and begin restoration of the Babocamari River. "Streams are the arteries of life in the arid Southwest, but they’ve been clogged with cattle for a century or more, degrading wildlife habitat, polluting streams and reducing recreational opportunities," he added.

"We feel vindicated. The livestock industry’s monopoly over state lands has been broken. That’s good news for the environment and good news for the schoolchildren of Arizona," said Horning.

Tim Hogan of the Arizona Center for Law in the Public Interest, has represented WildEarth Guardians in legal challenges in this case since 1998.