Any range being used as a mixed cattle and sheep range may be apportioned and divided between the different classes of livestock, that is cattle or sheep, grazed thereon by the district court having jurisdiction whenever a controversy or dispute arises upon complaint of any interested party using said range. Upon final hearing, any such range shall be apportioned according to the requirements of the different kinds of livestock grazed or herded thereon and the nature of the different parts of the range to be apportioned and in accordance with the equities and rights of the owners of the different kinds of livestock using such range as a class, regard being paid to the extent of the user theretofore made by each class of livestock growers.
Source: L. 29: p. 444, § 2. CSA: C. 160, § 161. CRS 53: § 8-8-2. C.R.S. 1963: § 8-8-2.
ANNOTATION
Section does not intend to perpetuate mixed ranges. Barrow v. Wilcoxson, 91 Colo. 278, 14 P.2d 1095 (1932).
The classification between cattle and sheep is not arbitrary or unreasonable; the article is uniform in its operation upon all members of the class to which it is made applicable, and so the owners of such stock are not denied the equal protection of the laws. Consumers' League v. Colo. & S. Ry., 53 Colo. 54, 125 P. 577 (1912); Allen v. Bailey, 91 Colo. 260, 14 P.2d 1087 (1932).
Priority of use and occupation will be considered. In determining proportionate rights to pasture sheep and cattle on the public domain under this law, priority of use and occupation will be considered when the equities are otherwise equal. Barrow v. Wilcoxson, 91 Colo. 278, 14 P.2d 1095 (1932).