Free Declaration - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

Document 42-10

Filed 08/15/2008

Page 1 of 3

EXHIBIT 9

Case 1:04-cv-00786-SGB

Document 42-10

Filed 08/15/2008

Page 2 of 3

Sacramento Grazing Association

May 28,2007

Rarger Fran Marinez
Sacramento Ranger District P.O.Box288 Cloudcroft NM 88317
Dear Frank,

553 head of cattle to our allotment. We purchased the allotment for 553 head in 1989. In 2000 you cut our permitted numbers to 330 for a violation of our permit. At that time you told us the penalty would expire in two years. Since that time you have had us par of the time with as few as 230 cattle on our allotment. We have . never been allowed by the FS to retu to our allotted numbers. You have used the excuse that there may be drought conditions. Last year we
We are once again asking you to restore the

received 42 inches of rain on the allotment and approximately 5 feet of snow

had very good rains this spring and our forage is since we have owned the ranch. Monitoring by the the best it has ever been RITF shows that we now have plenty of forage for our cattle. This is a reasonable request by Sacramento Grazing Association and we are hoping to receive a reasonable answer. We have not signed any new permit for any
over the winter. We have

other number than what we purchased. We were never consulted as NEP A

requires while the BO was being prepared for the EIS though we did comment and our comments were ignored. In the Rod there are statements that are not tre, on page one, paragraph 3 it states that the Sacramento was made up from 10 allotments, there were 12. When we bought the allotment the Dry and Davis were par of our purchase and the FS never allowed us to
use them. On page 2 ,paragraph 7 Rod states that FS transferred the Davis to Angel Canyon Ranch. These are private propert rights that the owner can transfer not the FS. We have asked many times that you would allow our.

Case 1:04-cv-00786-SGB

P ti d- i\,.~ ". lJ cd
:/ 7S ..

lur~U )..,

Document 42-10

Filed 08/15/2008

Page 3 of 3

cattle to access our right to water on the Sacramento River and the Penasco
~. These rights have been denied.. We have never bee¡;consulted

.. when the cattle numbers were addressed. The Sacramento Mountains
Prickly Poppy in Alamo Canyon was supposed to be vacated on Februar 1,

for two years and we are stil having to move cattle there on Februar 1. We don't want any more fences in our pastues that exclude cattle. We believe

we are reasonable in our requests .

rJ~ cr4.