Press Release
FOR IMMEDIATE RELEASE
MEDIA CONTACT:
MSLF Communications Dept.
MacKenzie Guy
(303) 292-2021
communications@mslegal.org
MOUNTAIN STATES LEGAL FOUNDATION LAUNCHES NEW CASE TO DEFEND WATER RIGHTS IN NEVADA
LAKEWOOD, Colo. (February 12, 2025)—Mountain States Legal Foundation (MSLF), along with its co-counsel, has filed an opening brief at the U.S. Court of Appeals for the Ninth Circuit today on behalf of Baker Ranches, Inc. against the Department of Interior and the National Park Service (NPS).
For over a century, the waters of Baker and Lehman Creeks have supported ranching operations in eastern Nevada. The ranchers there, including our client Baker Ranches for whom Baker Creek is named, hold senior water rights, protected under Nevada law and upheld by decades of legal precedent. However, the NPS is diverting water for park use, obstructing the flow, and threatening ranchers with legal action for maintaining their water infrastructure—even though Baker Ranches is authorized to use and protect its rights by state law.
Baker Ranches, Inc. v. Haaland challenges the federal government’s illegal interference with critical water resources in Nevada’s Snake Valley and the blatant disregard of the 1952 McCarran Amendment, which mandates that all federal regulators adhere to state law and respect senior water rights. This violation directly infringes upon the senior water rights of local ranchers and sets a dangerous precedent for communities across the West.
MSLF is stepping in to defend these ranchers and ensure that no government agency can trample on the rights of American citizens.
“Congress made it clear long ago that the federal government has to step onto a level playing field with the people when it comes to rights to use water in the West. That is what the federal McCarran Act requires. But increasingly—in this case and other recent cases—we have seen the federal government trying to ‘opt out’ of its obligations under the McCarran Act. We have been fighting back against this in Nevada and other Western States, and we are proud to stand up for the ranchers like Baker Ranches who want to protect their property rights from the federal government and hold the government accountable under the law.” said Ivan London, Senior Attorney at MSLF.
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Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest legal firm established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and the benefits of the free enterprise system. MSLF defends its clients through pro bono litigation and seeks victory for its clients at the highest level possible to establish binding legal precedents to benefit millions of Americans. Through its litigation and public discourse, MSLF educates the American public on the threat unrestrained government presents to our liberties. Learn more at mslegal.org