3-1299. Herding, grazing or pasturing sheep or
goats on cattle range; classification; priority of right to use of
range; exceptions
A. A person owning or having charge of sheep or goats who knowingly herds, grazes
or pastures them or recklessly permits them to be herded, grazed or pastured on a cattle
range previously occupied by cattle or upon a range usually occupied by cattle either as
a spring, summer or winter range, is guilty of a class 2 misdemeanor and each day of
violation of this section constitutes a separate offense.
B. The priority of right between cattle and sheep owners to a range is determined
by priority in the usual and customary use of the range, either as a cattle or sheep
range.
C. Nothing in this section shall be construed to prohibit herding or grazing sheep
over or upon a mixed range. A person who purchases an entire cattle range or lands or
right to possession or use thereof, theretofore used as a cattle range or cattle grazing
ground, or the grantees or assigns of any such person may thereafter use the range or
ground as lambing or grazing grounds for sheep, subject to the provisions of this
section.
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