United States v. Estate of E. Wayne Hage

GRABER, Circuit Judge:

The United States brought this action for damages and injunctive relief against E. Wayne Hage (now deceased) and his son, Wayne N. Hage, alleging that they grazed cattle on federal lands 'without a permit or other authorization. The district court found that, in fact, the Hages had grazed cattle on federal lands without a permit or other authorization. The court nevertheless ruled almost entirely against the government by holding — contrary to longstanding binding precedent — -that the Hages’ water rights provided a defense to the government’s claims of trespass. The…