ISSUES AND POLICY
TSCRA Submits Comments on USDA-APHIS Brucellosis and Tuberculosis Rule Proposal
T
EXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION (TSCRA) submitted comments on May 16 express-
ing concerns with the United States Department of Agriculture-Animal Plant Health Inspection Service’s (USDA-APHIS) rule proposal regarding the agency’s up- dated provisions on brucellosis and bovine tuberculosis. “The health and well-being of cattle across the
country are critical to the entire beef industry,” said TSCRA President Richard Thorpe. “It is for this reason that TSCRA opposes efforts by USDA-APHIS to fi nalize this rule for adoption until concerns regarding the ef- fectiveness and practical application of this rule have been adequately addressed. “For instance, TSCRA opposes the transition from
an effective eradication program, which has worked for over a century, to a new control program for the diseases. We do not believe this shift to a control pro-
gram meets the important goal of eradicating these diseases in the U.S. “Additionally, TSCRA is concerned that the cur-
rent structure of the rule proposal would shift the administrative burden to the states without providing adequate resources needed to eradicate brucellosis and tuberculosis. It is important for USDA-APHIS to commit to utilizing the current cooperative funding agreement concept as well as continuing to provide direct fi eld support. “These are only a couple of the concerns that
TSCRA is asking USDA-APHIS to address before the fi nal rule is adopted. TSCRA will continue to monitor and be actively engaged in this rule proposal to make certain ranchers receive the resources necessary to protect their cattle from brucellosis and tuberculosis,” Thorpe concluded.
T
TSCRA Applauds Texas Supreme Court Ruling on Coyote Lake Ranch Case
SCRA APPLAUDS THE TEXAS SUPREME COURT FOR RULING in favor of Coyote Lake Ranch, LLC in their case
against The City of Lubbock. The Supreme Court ruled the accommodation doctrine that applies to mineral estates shall also apply to surface estates. “The Supreme Court’s decision is a major victory
for landowners across Texas,” said TSCRA President Richard Thorpe. “This ruling clarifi es that surface owners have protections against those who may own an interest in not only the mineral estate, but also the surface estate.” In 1953, The City of Lubbock bought the rights to
Coyote Lake Ranch’s groundwater. In 2012, Coyote Lake Ranch took issue with The City of Lubbock’s plan to drill an additional 20 groundwater test wells in the middle of the ranch, followed by 60 additional groundwater wells across the ranch. The owners of the ranch said the construction of these wells would have impeded the travel of their irrigation systems and destroyed grazing for their cattle. The ranch argued that the accommodation doctrine, used in the oil and gas industry, should also apply in this case.
104 The Cattleman August 2016 Coyote Lake Ranch fi led their case with the Bailey
County District Court where a temporary injunction against the City halted construction of the groundwater wells in November 2013. In response to the injunction, the City fi led an appeal in the Amarillo Court of Appeals and the court ruled in favor of the City in June 2014. Coyote Lake Ranch eventually petitioned the Texas
Supreme Court to hear their case. TSCRA fi led an am- icus brief in November 2014 in support of Coyote Lake Ranch, urging the Supreme Court to hear the case. The Supreme Court heard oral arguments on the case on Oct. 14, 2015, and the court ruled in favor of the ranch on May 27. The decision states the City has the responsibility to use only the amount of surface “rea- sonably necessary” to its operations and only do this with “due regard” for the rights of the surface owner. “TSCRA appreciates Coyote Lake Ranch, the Supreme
Court of Texas and other leaders who have worked tire- lessly on this case. TSCRA will continue to be actively engaged in private property rights issues and work to preserve and protect landowners’ constitutional rights,” Thorpe concluded.
thecattlemanmagazine.com
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