[Rev. 11/21/2013 12:24:40 PM--2013]

CHAPTER 568 - GRAZING AND RANGING

COOPERATION WITH FEDERAL AGENCIES IN RELATION TO GRAZING LANDS

NRS 568.010           “Taylor Grazing Act” defined.

NRS 568.020           Provisions of Taylor Grazing Act; money derived from grazing fees and leases.

NRS 568.030           Disposition of money received from Federal Government under Taylor Grazing Act.

NRS 568.040           State grazing boards: Creation.

NRS 568.050           State grazing boards: Names.

NRS 568.060           State grazing boards: Members; chair; qualifications.

NRS 568.070           State grazing boards: Selection and remuneration of officers.

NRS 568.080           State grazing boards: Compensation of members.

NRS 568.090           State grazing boards: Meetings; quorum.

NRS 568.100           Procedure for expenditure of money from range improvement fund.

NRS 568.120           Authorized uses of range improvement fund.

NRS 568.130           Conditions authorizing refunds from range improvement fund.

NRS 568.140           Cooperative agreements for projects involving construction and maintenance of range improvements and other projects.

NRS 568.150           Cooperative agreements between board of county commissioners and state grazing boards; contents and conditions.

NRS 568.160           Deposit of money resulting from cooperative agreement in range improvement fund; procedure.

NRS 568.170           Central Committee of Nevada State Grazing Boards: Establishment; membership.

NRS 568.180           Central Committee of Nevada State Grazing Boards: Compensation and expenses of members.

NRS 568.190           Officers; subcommittees; meetings of Central Committee of Nevada State Grazing Boards.

NRS 568.200           Central Committee of Nevada State Grazing Boards: Powers; duties; limitations.

NRS 568.210           Provisions of NRS 568.010 to 568.210, inclusive, continue to apply to area detached from state grazing district.

GRAZING PREFERENCE RIGHTS

NRS 568.225           Grazing preference rights appurtenant to property; unlawful interference with grazing; penalty.

REGULATION OF GRAZING ON FEDERAL LANDS

NRS 568.230           Grazing interfering with customary use of land unlawful; exceptions.

NRS 568.240           Customary or established use: Definition; change.

NRS 568.250           Continued use by established user not prohibited.

NRS 568.260           Penalty; liability for damages.

NRS 568.270           Restraint of violation by injunction.

NRS 568.280           Free transit over and rights in public domain not prohibited.

NRS 568.290           Purpose; construction.

UNLAWFUL ACTS AND PENALTIES; LIABILITY FOR DAMAGES

NRS 568.300           Herding or grazing of livestock on land of another without consent unlawful; liability for damages; attachment.

NRS 568.330           Herding or grazing of livestock in certain areas near water supply unlawful; penalty.

NRS 568.340           Herding or grazing of livestock at spring or well of another or within 1 mile of home or ranchhouse unlawful; liability for damages.

NRS 568.350           Unauthorized driving of livestock from range unlawful; penalty; liability for damages.

NRS 568.355           “Open range” defined.

NRS 568.360           Duties of owners of domestic animals with respect to domestic animals upon highway.

NRS 568.370           Permitting dog to chase, worry, injure or kill domestic animals on open range or private property unlawful.

_________

COOPERATION WITH FEDERAL AGENCIES IN RELATION TO GRAZING LANDS

      NRS 568.010  “Taylor Grazing Act” defined.  As used in NRS 568.010 to 568.210, inclusive, “Taylor Grazing Act” means the Act of Congress entitled “An act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly use, improvement and development, to stabilize the livestock industry dependent upon the public range, and for other purposes,” approved June 28, 1934, being c. 865, 48 Stat. 1269, also designated as 43 U.S.C. §§ 315 to 315r, inclusive, any amendment thereto and any replacement therefor, including provisions of the Code of Federal Regulations adopted and promulgated pursuant to any such act, amendment or replacement, providing for grazing districts or for payment of a portion of the moneys derived from grazing fees or grazing leases to the State of Nevada.

      [Part 1:67:1939; 1931 NCL § 5581.14]—(NRS A 1975, 543)

      NRS 568.020  Provisions of Taylor Grazing Act; money derived from grazing fees and leases.

      1.  The Taylor Grazing Act provides for the cooperation of the Secretary of the Interior of the United States with state and other officials and associations, and for the payment to the State by the Secretary of the Treasury of the United States of certain moneys representing a percentage of:

      (a) Grazing fees collected from stock raisers for grazing use of areas within the various grazing districts created under the provisions of the Taylor Grazing Act; and

      (b) Lease charges collected from stock raisers leasing certain specific tracts lying outside any such grazing districts.

      2.  For the purpose of brevity and clarification, the two different sources of the funds described in subsection 1 and paid to the state are referred to in NRS 568.010 to 568.210, inclusive, respectively, as “funds derived from grazing fees” and “funds derived from grazing leases.”

      [Part 1:67:1939; 1931 NCL § 5581.14]

      NRS 568.030  Disposition of money received from Federal Government under Taylor Grazing Act.  All moneys derived from grazing fees and grazing leases received by the State under the provisions of the Taylor Grazing Act shall be deposited in the State Treasury in a special fund designated the Nevada Taylor Grazing Act Range Improvement Fund, to be allocated as follows:

      1.  That part of the Fund derived from grazing fee collections from each Bureau of Land Management grazing district shall be distributed to each county according to its proportionate acreage of such grazing district, and all such funds received by any county shall be placed in a special fund to be designated as the Range Improvement Fund of Grazing District No. ...... Where more than one grazing district is situated in any one county, separate funds shall be kept by such county for each district. Such funds shall be subject to disposition only by the state grazing board for each grazing district concerned, in the manner provided in NRS 568.010 to 568.210, inclusive.

      2.  That part of the Fund derived from grazing lease charges from lands situated outside grazing districts shall be distributed to each county according to its proportionate acreage of the lands from which such lease charges were derived, and all such funds received by any county shall be placed in a special fund to be designated as the Range Improvement Fund of ................ County. All such funds shall be subject to disposition by the board of county commissioners of each county concerned for range improvements and related matters directly beneficial to the stock raising and ranching enterprises of the county; but any project involving range improvements undertaken by any board of county commissioners on public lands within a grazing district established under provisions of the Taylor Grazing Act shall be undertaken by such board only in cooperation with the federal officials in charge of such district as provided for in NRS 568.010 to 568.210, inclusive.

      [2:67:1939; 1931 NCL § 5581.15]—(NRS A 1975, 544)

      NRS 568.040  State grazing boards: Creation.  To direct and guide the disposition of the range improvement fund of each grazing district concerned, in the manner most beneficial to the stock raising payers of the grazing fees from which the funds are derived and to the counties concerned, there is hereby created a state grazing board for each Bureau of Land Management grazing district established and existing in Nevada under the provisions of the Taylor Grazing Act.

      [Part 3:67:1939; 1931 NCL § 5581.16]—(NRS A 1975, 544; 1999, 3682; 2009, 1595)

      NRS 568.050  State grazing boards: Names.  Each state board shall be known as the Nevada Grazing Board of District No. ......

      [Part 3:67:1939; 1931 NCL § 5581.16]

      NRS 568.060  State grazing boards: Members; chair; qualifications.

      1.  The members and the chair of each of the state grazing boards for the year 1975 shall be the members and chairs of each of the boards of district advisers of each grazing district elected, qualified and serving on January 1, 1975, under the provisions of the Taylor Grazing Act and the regulations promulgated under the provisions of that act. Such members shall serve until their successors are elected and qualified as provided in this section.

      2.  On and after January 1, 1976, each state grazing board shall consist of not less than five nor more than 12 persons who graze livestock upon the public lands within the grazing district for which such state grazing board is created. Officers and directors of corporations and partners of partnerships which conduct such grazing are qualified to be elected to serve on such boards on behalf of such corporation or partnership. The term of each member is 3 years, beginning on January 1 next after the member’s election.

      3.  In November of 1975 and in November of each third year thereafter, each state grazing board shall specify the number of members to serve on that state grazing board for the following term. Thereafter, the board shall conduct an election of the members to serve for that term.

      4.  If a new grazing district is established, the Central Committee of Nevada State Grazing Boards shall, within 90 days after the order establishing the district appears in the Federal Register, specify the number of members to serve on the state grazing board for the new district. Thereafter the Central Committee of the Nevada State Grazing Boards shall conduct an election of the board members to serve for the balance of the current 3-year term.

      5.  If any vacancy occurs on a state grazing board for any reason, the remaining board members shall elect a qualified successor to fill the vacancy for the unexpired term.

      6.  A duly qualified person elected to serve as a member of a state grazing board shall assume office after taking the oath of office contained in NRS 282.020.

      7.  The persons, partnerships, associations or corporations holding licenses or permits to graze livestock on the public lands within the grazing district served by a state grazing board shall elect the members to serve on that state grazing board, except as otherwise provided in this section, and each such permittee is entitled to one vote. The particular state grazing board shall supply the names of eligible persons to be elected to serve on the board to each permittee within the district so that each permittee may cast his or her vote for a candidate of the permittee’s choice. The secretary of the state grazing board for such grazing district shall certify the results of the election.

      [Part 3:67:1939; 1931 NCL § 5581.16]—(NRS A 1975, 545)

      NRS 568.070  State grazing boards: Selection and remuneration of officers.  Each state grazing board may select its own chair, attorney and secretary and may determine the secretary’s and attorney’s remuneration, and such remuneration shall be considered as administrative expenses of each board concerned, to be paid as provided for in NRS 568.010 to 568.210, inclusive.

      [Part 3:67:1939; 1931 NCL § 5581.16]—(NRS A 1975, 546)

      NRS 568.080  State grazing boards: Compensation of members.  The members of the state grazing boards shall serve without salary while performing their duties as prescribed in NRS 568.010 to 568.210, inclusive.

      [Part 3:67:1939; 1931 NCL § 5581.16]—(NRS A 1975, 546; 1985, 439)

      NRS 568.090  State grazing boards: Meetings; quorum.

      1.  Meetings of a state grazing board may be called at any time by the chair or a majority of the members of the board.

      2.  Each board may adopt its own rules and regulations for the calling and holding of meetings. A majority of each board constitutes a quorum for the transaction of business by the board, and action by each board must be determined by a majority vote of the members present.

      3.  State grazing boards shall comply with the provisions of chapter 241 of NRS.

      [7:67:1939; 1931 NCL § 5581.20]—(NRS A 1995, 183)

      NRS 568.100  Procedure for expenditure of money from range improvement fund.  All moneys in the range improvement fund of a grazing district shall be paid out on claims signed by the chair and secretary of the state grazing board of the district. Claims shall be approved by the board and preaudited by the county auditor of the county concerned before they are paid.

      [Part 3:67:1939; 1931 NCL § 5581.16]—(NRS A 1967, 985)

      NRS 568.120  Authorized uses of range improvement fund.  Each state grazing board may pay moneys out of the range improvement fund of its grazing district:

      1.  For the construction and maintenance of range improvements or any other purpose beneficial to the stock raising and ranching industries and, in turn, the counties situated within the grazing district concerned. None of the funds shall be used for projects involving construction or maintenance, or both, of range improvements on public or state lands unless some legally constituted and authorized federal, state, county or city department, division, bureau, service, board or commission is available for and authorized and willing to undertake direct management and supervision of the project concerned.

      2.  For the payment of proper administrative costs of the board, including travel expenses and subsistence allowances of its members, and for the payment of the services of its secretary and its secretary’s necessary office expenses and for the services of its attorney.

      3.  For contributions to defray costs and expenses for activities and projects incurred under its written authorization by the Central Committee of Nevada State Grazing Boards as provided for under NRS 568.170 to 568.200, inclusive.

      [Part 4:67:1939; A 1941, 406; 1943, 36; 1943 NCL § 5581.17]—(NRS A 1967, 985; 1975, 546)

      NRS 568.130  Conditions authorizing refunds from range improvement fund.

      1.  During periods of range depletion due to severe drought and similar causes, or in case of a general epidemic of disease affecting stock raising and ranching enterprises of the district concerned, or whenever conditions are such that payment of grazing fees under the provisions of the Taylor Grazing Act impose a burden on the payers beyond their reasonable ability to pay, each state grazing board is authorized in its discretion, for the general welfare of the State and counties, to direct and guide such disposition of the range improvement fund as may be required to make refund in whole or in part to the payers of the grazing fees from which the fund was derived.

      2.  The refund to each payer shall be determined by each state grazing board concerned, the share of each payer to be determined by the extent to which the grazing fees paid by each contributed to the sum to be refunded.

      [Part 4:67:1939; A 1941, 406; 1943, 36; 1943 NCL § 5581.17]

      NRS 568.140  Cooperative agreements for projects involving construction and maintenance of range improvements and other projects.

      1.  Any project involving construction and maintenance of range improvements as provided for in NRS 568.010 to 568.210, inclusive, on public lands within any grazing district established under the provisions of the Taylor Grazing Act, shall be undertaken only under cooperative agreements entered into on the part either of the state grazing boards or the boards of county commissioners, as the case may be, and the federal officials in charge of the grazing district concerned.

      2.  Any project mentioned in NRS 568.120 that is within the jurisdiction of a governmental entity and does not involve construction and maintenance of range improvements shall be undertaken only under cooperative agreements entered into by the state grazing boards and the appropriate governmental entities.

      [Part 6:67:1939; A 1941, 406; 1931 NCL § 5581.19]—(NRS A 1967, 985; 1975, 546)

      NRS 568.150  Cooperative agreements between board of county commissioners and state grazing boards; contents and conditions.

      1.  The boards of county commissioners and the state grazing boards may enter into cooperative agreements under the provisions of NRS 568.010 to 568.210, inclusive, and may contribute from their respective funds to the projects under the terms of the cooperative agreements.

      2.  Such cooperative agreements shall:

      (a) Prescribe the manner, terms and conditions of cooperation and the amounts to be contributed from the range improvement fund of the grazing district or county concerned, as the case may be.

      (b) Provide that the direct management and supervision of the projects shall be exercised by the officials in charge of the federal, state, county or city department, division, bureau, service, board or commission designated in the cooperative agreements as the agency cooperating with the state grazing board.

      [Part 6:67:1939; A 1941, 406; 1931 NCL § 5581.19]—(NRS A 1975, 547)

      NRS 568.160  Deposit of money resulting from cooperative agreement in range improvement fund; procedure.

      1.  Any moneys coming into or remaining in the possession of any federal, state or local governmental agency as a result of cooperation between any such agency and any of the state grazing boards, as provided in NRS 568.140 and 568.150, may be restored to or placed in the range improvement fund of the grazing district concerned.

      2.  The state grazing board shall, by resolution, request the federal, state or local governmental agency to pay to each county within the district moneys to be restored or placed in the particular range improvement fund. Such moneys shall thereafter be paid to each county within the district by the federal, state or local governmental agency.

      3.  Any such funds received by any county shall be placed in the range improvement fund of the district concerned and shall immediately become subject to the provisions of NRS 568.010 to 568.210, inclusive.

      [Part 6:67:1939; A 1941, 406; 1931 NCL § 5581.19]—(NRS A 1975, 547)

      NRS 568.170  Central Committee of Nevada State Grazing Boards: Establishment; membership.

      1.  To provide a means whereby they may act together in matters of common interest and of general rather than local concern in carrying out the provisions of NRS 568.010 to 568.210, inclusive, state grazing boards shall establish a committee which shall be known as the Central Committee of Nevada State Grazing Boards.

      2.  The Committee shall consist of either one or two members selected by and from the membership of each of the state grazing boards.

      3.  The members so selected shall serve at the pleasure of their respective state grazing boards and whenever a majority of the state grazing boards shall have selected their member or members of the Central Committee, and authorized them so to do, those selected may meet and organize.

      [Part 3 1/2:67:1939; added 1943, 36; 1943 NCL § 5581.16a]—(NRS A 1975, 548)

      NRS 568.180  Central Committee of Nevada State Grazing Boards: Compensation and expenses of members.

      1.  Members of the Central Committee shall serve without remuneration for their time and services.

      2.  Each state grazing board which has a representative on the Central Committee shall reimburse its representative for his or her expenses in the same manner in which it reimburses the travel and subsistence expenses of its own members.

      [Part 3 1/2:67:1939; added 1943, 36; 1943 NCL § 5581.16a]—(NRS A 1985, 439)

      NRS 568.190  Officers; subcommittees; meetings of Central Committee of Nevada State Grazing Boards.  Within the limitations contained in NRS 568.200, the Central Committee may:

      1.  Select its own officers, secretary, attorney and such subcommittees as it may deem necessary.

      2.  Adopt its own rules for the calling and holding of meetings and the carrying out of such instructions as may be received from time to time from a majority of the state grazing boards.

      [Part 3 1/2:67:1939; added 1943, 36; 1943 NCL § 5581.16a]—(NRS A 1975, 548)

      NRS 568.200  Central Committee of Nevada State Grazing Boards: Powers; duties; limitations.

      1.  State grazing boards are authorized and empowered to make such use of the Central Committee as may be proper within the provisions of NRS 568.010 to 568.210, inclusive.

      2.  The Central Committee shall not engage in any activity or project except when and as authorized and directed so to do in writing by a majority of the state grazing boards, and, except for the necessary and actual traveling and subsistence expenses of its members as provided for in NRS 568.180, shall not incur any expense incident to its duties and activities except as authorized in writing by a majority of the state grazing boards.

      [Part 3 1/2:67:1939; added 1943, 36; 1943 NCL § 5581.16a]

      NRS 568.210  Provisions of NRS 568.010 to 568.210, inclusive, continue to apply to area detached from state grazing district.  If any part of any state grazing district, as once established and existing under the provisions of the Taylor Grazing Act by order of the federal officials concerned, or otherwise, shall be detached therefrom and attached to and made a part of any federal grazing district of any adjoining state, the provisions of NRS 568.010 to 568.210, inclusive, shall continue to apply to the Nevada area so detached, the same as had the detachment not occurred.

      [4 1/2:67:1939; added 1943, 36; 1943 NCL § 5581.17a]

GRAZING PREFERENCE RIGHTS

      NRS 568.225  Grazing preference rights appurtenant to property; unlawful interference with grazing; penalty.

      1.  Except as otherwise provided in the Taylor Grazing Act:

      (a) A grazing preference right shall be deemed appurtenant to base property; and

      (b) If base property or any portion of base property is sold, leased or otherwise transferred, the person to whom the property is sold, leased or otherwise transferred must not be deprived of any grazing preference right that is appurtenant to that property solely on the basis of the sale, lease or other transfer of that property unless the person consents to, or receives just compensation for, the deprivation of that right.

      2.  Except as otherwise provided in NRS 568.230 to 568.370, inclusive, a person who willfully or negligently:

      (a) Interferes with the lawful herding or grazing of livestock on land:

             (1) That is base property; or

             (2) Other than base property that is located within a grazing district and upon which the livestock are herded or grazed in accordance with a permit to graze livestock issued pursuant to the provisions of the Taylor Grazing Act; or

      (b) Damages or destroys a fence, gate, facility for watering livestock or other improvement that is used to sustain livestock and is located on land specified in paragraph (a),

Ê is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  As used in this section:

      (a) “Base property” means any land or water in this state that is owned, occupied or controlled by a person who has obtained an appurtenant grazing preference right for that land or water pursuant to the provisions of the Taylor Grazing Act.

      (b) “Grazing preference right” means a right that:

             (1) Is conferred upon a person pursuant to the provisions of the Taylor Grazing Act; and

             (2) Entitles the person to priority in the issuance of a permit to graze livestock in accordance with those provisions.

      (c) “Taylor Grazing Act” has the meaning ascribed to it in NRS 568.010.

      (Added to NRS by 1999, 2052)

REGULATION OF GRAZING ON FEDERAL LANDS

      NRS 568.230  Grazing interfering with customary use of land unlawful; exceptions.

      1.  It is unlawful to graze livestock on any part of the unreserved and unappropriated public lands of the United States in the State of Nevada, when grazing will or does prevent, restrict or interfere with the customary use of the land for grazing livestock by any person who, by himself or herself or the person’s grantors or predecessors, has become established, either exclusively or in common with others, in the grazing use of the land by operation of law or under and in accordance with the customs of the graziers of the region involved.

      2.  NRS 568.230 to 568.290, inclusive, does not prohibit the grazing on any public lands of livestock owned, kept or used for work or milking purposes by any ranch owner or bona fide settler, for the owner or settler’s domestic use, as distinguished from commercial use, or prohibit the grazing of any livestock necessary for and used in connection with any mining or construction work or other lawful work of similar character.

      [Part 1:226:1931; 1931 NCL § 5581]—(NRS A 1985, 526)

      NRS 568.240  Customary or established use: Definition; change.

      1.  Customary or established use as graziers, otherwise than under operation of law, as used in NRS 568.230 to 568.290, inclusive, shall be deemed to include the continuous, open, notorious, peaceable and public use of such range seasonally for a period of 5 years or longer immediately before March 30, 1931, by the person or the person’s grantors or predecessors in interest, except in cases where initiated without protest or conflict to prior use or occupancy thereof.

      2.  Any change in customary use so established must not be made after March 30, 1931, so as to prevent, restrict or interfere with the customary or established use of any other person or persons.

      [Part 1:226:1931; 1931 NCL § 5581]—(NRS A 1985, 526)

      NRS 568.250  Continued use by established user not prohibited.  NRS 568.230 to 568.290, inclusive, does not prohibit any such established user from continuing his or her grazing use, as established by operation of law or in accordance with such customs.

      [2:226:1931; 1931 NCL § 5581.01]—(NRS A 1985, 526)

      NRS 568.260  Penalty; liability for damages.  Any person violating any of the provisions of NRS 568.230 to 568.290, inclusive, is guilty of a misdemeanor, and, independently of the foregoing penalty, is liable to any person injured for all damages sustained by reason of the violation, and for such exemplary damages as the circumstances may warrant.

      [3:226:1931; 1931 NCL § 5581.02]—(NRS A 1967, 616; 1985, 527)

      NRS 568.270  Restraint of violation by injunction.  The violation of any provision of NRS 568.230 to 568.290, inclusive, may be restrained by injunction, issued by a court of competent jurisdiction, pursuant to the provisions of law and principles of equity relating to injunctions.

      [4:226:1931; 1931 NCL § 5581.03]—(NRS A 1985, 527)

      NRS 568.280  Free transit over and rights in public domain not prohibited.  Nothing contained in NRS 568.230 to 568.290, inclusive, prohibits free transit over and rights in the public domain where provided by the Acts of Congress.

      [6:226:1931; 1931 NCL § 5581.05]—(NRS A 1985, 527)

      NRS 568.290  Purpose; construction.

      1.  NRS 568.230 to 568.290, inclusive, shall be deemed an exercise of the police power of the state, for the protection of the economic welfare and peace of the people of the state, and all of their provisions must be liberally construed for the accomplishment of its purposes.

      2.  Nothing in NRS 568.230 to 568.290, inclusive, amends or repeals existing law regarding the grazing use of the public lands or of water for the purpose of watering livestock, or modifies or compromises any valid rights or priorities which exist therein on March 30, 1931.

      [7:226:1931; 1931 NCL § 5581.06]—(NRS A 1985, 527)

UNLAWFUL ACTS AND PENALTIES; LIABILITY FOR DAMAGES

      NRS 568.300  Herding or grazing of livestock on land of another without consent unlawful; liability for damages; attachment.

      1.  It shall be unlawful for any person to herd or graze any livestock upon the lands of another without having first obtained the consent of the owner of the lands so to do. The person claiming to be the owner of such lands shall have the legal title thereto, or an application to purchase the same with the first payment made thereon.

      2.  The livestock which is herded or grazed upon the lands of another, contrary to the provisions of subsection 1, shall be liable for all damages done by such livestock while being unlawfully herded or grazed on the lands of another, together with costs of suit and reasonable counsel fees, to be fixed by the court trying an action therefor. The livestock may be seized and held by a writ of attachment, issued in the same manner as provided in chapter 31 or 71 of NRS, as security for the payment of any judgment which may be recovered by the owner of such lands for damages incurred by reason of violation of any of the provisions of this section. The claim and lien of a judgment or attachment in such an action shall be superior to any claim or demand which arose subsequent to the commencement of the action.

      3.  This section shall not apply to any livestock running at large on the ranges or commons.

      [1:31:1893; C § 780; RL § 2335; NCL § 4019] + [2:31:1893; C § 781; RL § 2336; NCL § 4020] + [3:31:1893; C § 782; RL § 2337; NCL § 4021]

      NRS 568.330  Herding or grazing of livestock in certain areas near water supply unlawful; penalty.

      1.  It is unlawful for any person, firm, corporation or association owning or having charge of any livestock to herd, graze, pasture, keep, maintain or drive the same upon, over or across any lands lying within an area that has been identified by the board of county commissioners in the county in which the area is situated as unsuitable for such uses in order to protect any surface intake, intakes, water boxes or surface reservoirs into which water is diverted for use for municipal, drinking or domestic purposes in the state. A determination by the board of county commissioners that an area is unsuitable must be based upon scientific evidence and must be adopted by ordinance after consultation with affected persons and state agencies. The ordinance must describe the area that is determined to be unsuitable and notice of the determination and description must be posted in a conspicuous place in the area.

      2.  Subsection 1 must not be construed to apply to:

      (a) Prospectors or other persons passing over or being temporarily upon such lands with not to exceed 10 head of livestock.

      (b) Livestock running at large upon the range, unless by county ordinance any board of county commissioners has provided otherwise in the case of the county concerned.

      (c) Persons that are herding, grazing, pasturing, keeping, maintaining or driving livestock on their own lands.

      3.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

      4.  Each day the acts declared to be unlawful in subsection 1 are committed, done and continued constitutes separate, distinct and new offenses.

      [1:188:1915; A 1929, 195; NCL § 3996] + [2:188:1915; A 1929, 195; NCL § 3997] + [3:188:1915; 1919 RL p. 2845; NCL § 3998]—(NRS A 1967, 617; 1995, 797)

      NRS 568.340  Herding or grazing of livestock at spring or well of another or within 1 mile of home or ranchhouse unlawful; liability for damages.

      1.  It shall be unlawful for any person owning or having charge of any livestock to drive or herd or permit the same to be herded or driven on the lands or possessory claims of other persons, or at any spring or springs, well or wells, belonging to another, to the damage thereof, or to herd the same or to permit them to be herded within 1 mile of a bona fide home or a bona fide ranchhouse.

      2.  The owner or agent of the owner of livestock violating the provisions of subsection 1, on complaint of the person injured in any court of competent jurisdiction, shall be liable to the person injured for actual and exemplary damages.

      3.  Nothing in this section shall:

      (a) Prevent the owners from herding or grazing their livestock on their own lands.

      (b) Be construed as to prevent livestock being driven along any public highway.

      [1:81:1917; 1919 RL p. 2845; NCL § 3999] + [2:81:1917; 1919 RL p. 2845; NCL § 4000]

      NRS 568.350  Unauthorized driving of livestock from range unlawful; penalty; liability for damages.

      1.  It shall be unlawful for any person to lead, drive or in any manner remove any horse, mare, colt, jenny, jack, mule, or any head of neat cattle, or hog, sheep, goat, or any number of these animals, the same being the property of another person, from the range on which they are permitted to run in common, without the consent of the owner thereof first had and obtained.

      2.  The owner of any such animals, finding the same running on the herd grounds or commons with other animals of the same kind, is permitted to drive his or her own animal or animals, together with such other animals as the owner cannot conveniently separate from his or her own, to the nearest and most convenient corral or other place for separating his or her own from other animals if the owner, in such case, immediately, with all convenient speed, drives all such animals not belonging to him or her back to the herd ground from which he or she brought such animals.

      3.  Any person violating the provisions of this section shall be guilty of a misdemeanor.

      4.  In addition to the penalty provided for in subsection 3, such person shall be civilly liable to the owner of livestock so removed from the range for the value of all such stock and the necessary expenses incident to their return.

      [1911 C&P § 377; A 1929, 108; NCL § 10329]—(NRS A 1967, 617)

      NRS 568.355  “Open range” defined.  As used in NRS 568.360 and 568.370, unless the context otherwise requires, “open range” means all unenclosed land outside of cities and towns upon which cattle, sheep or other domestic animals by custom, license, lease or permit are grazed or permitted to roam.

      (Added to NRS by 1983, 235)

      NRS 568.360  Duties of owners of domestic animals with respect to domestic animals upon highway.

      1.  No person, firm or corporation owning, controlling or in possession of any domestic animal running on open range has the duty to keep the animal off any highway traversing or located on the open range, and no such person, firm or corporation is liable for damages to any property or for injury to any person caused by any collision between a motor vehicle and the animal occurring on such a highway.

      2.  Any person, firm or corporation negligently allowing a domestic animal to enter within a fenced right-of-way of a highway is liable for damages caused by a collision between a motor vehicle and the animal occurring on the highway.

      (Added to NRS by 1965, 644; A 1983, 235)

      NRS 568.370  Permitting dog to chase, worry, injure or kill domestic animals on open range or private property unlawful.

      1.  It is unlawful for any person to permit a dog to chase, worry, injure or kill cattle, sheep or other domestic animals on the open range or on private property.

      2.  Subsection 1 does not apply to the use of a dog to herd domestic animals at the direction or with the permission of the owner of those animals.

      3.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      (Added to NRS by 1983, 235)