NMS August 2021

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www.aaalivestock.com

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NEW MEXICO STOCKMAN P.O. Box 7127, Albuquerque, NM 87194 505-243-9515 Fax: 505-349-3060 E-mail: caren­@aaalivestock.com Official publication of ... n New Mexico Cattle Growers’ Association Email: nmcga@nmagriculture.org 2231 Rio Grande NW, P.O. Box 7517, Albu­­quer­que, NM 87194 505-247-0584, Fax: 505-842-1766 Pres­i­dent, Randell Major n New Mexico Wool Growers, Inc. P.O. Box 7520, Albuquerque, NM 87194 505-247-0584 President, Bronson Corn

EDITORIAL & ADVERTISING Publisher: Caren Cowan Publisher Emeritus: Chuck Stocks Advertising Representatives: Chris Martinez Melinda Martinez Contributing Editors: Carol Wilson Callie Gnatkowski-Gibson Howard Hutchinson William S. ­Previtti, Lee Pitts

PRODUCTION Production Coordinator: Carol Pendleton Editorial & Advertising Design: Kristy Hinds

ADVERTISING SALES Chris Martinez at 505-243-9515 or chris@aaalivestock.com New Mexico Stockman

(USPS 381-580) is published monthly by Caren Cowan, 2231 Rio Grande, NW, Albuquerque, NM 87104-2529 Subscription price: 1 year - $30 / 2 years - $40 Single issue price $10, Directory price $30 Subscriptions are non-refundable POSTMASTER: Send address changes to New Mexico Stockman, P.O. Box 7127, Albuquer­que, NM 87194. Periodicals Postage paid at Albuquerque, New Mexico, and additional mailing offices. Copyright© 2015 by New Mexico Stockman. Material may not be used without permission of the publisher.  Deadline for editorial and advertising copy, changes and cancellations is the 10th of the month preceding publication. Advertising rates on request.

FEATURES 18 Banner 2021 HPRBA Derby Futurity & Sale 20 The Kentucky Derby — A Case Study for Understanding Racing’s Regulatory Process by Wendy Davis, National Animal Interest Alliance Board Member

32 Humane Society of the US Loses $850,000 on Fundraising Campaign 37 1H 2021 See High Prices but Continued Demand by Anne-Marie Roerink, 210 Analytics LLC

DEPARTMENTS 10 NMCGA President’s Message by Randell Major

12 Wit & Wisdom by Caren Cowan

16 New Mexico CowBelles Jingle Jangle 28 News Update 30 New Mexico Federal Lands Council News by Frank DuBois

44 You Don’t Have to Sell the Farm by Katherine E. Merck, Budd-Falen Law Offices LLC

45 US Supreme Court Sides with Agricultural Employers in Takings Case by Tiffany Dowell Lashment, Texas Agri-Life Texas Agriculture Blog

52 Biden’s 30x30 Land Grab by Bonner Cohen, Ph.D., CFACT

54 New Mexico State Fair Schedule 54 New Mexico Results at the National High School Rodeo Finals 56 New Mexico State Fair Livestock Manager 58 A Step in the Right Direction by Taylor Lock, New Mexico Cattle Growers’ Association

70 The American Descent into Madness by Victor Davis Hanson

73 NMDA Verifies Chile Products are Propertly Labeled

Horse Feature

34 Riding Herd by Lee Pitts

36 41 49 50

New Mexico Livestock Board Update New Mexico Beef Council Bullhorn In Memoriam On the Edge of Common Sense by Baxter Black

51 New Mexico’s Old Times & Old Timers by Don Bullis

56 View from the Backside by Barry Denton

60 65 69 77

Real Estate Guide Seedstock Guide Marketplace Advertisers’ Index

on the cover “Sacred Moment” is a 24x28 pencil drawing by Dino Cornay. Cornay was the co-winner of the 2019 Rounders award along with his buddy R.W. Hampton. This piece and Dino’s other work can be found at www.dinocarnayart.com

AUGUST 2021

VOL 87, No. 8 USPS 381-580

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PRESIDENT’S MESSAGE

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ew Mexico Cattle Growers’ Association works continuously on so many different issues to protect your rights: 30 x 30, elk, wolf, negotiated trade, feral cattle, peeled brand law, lesser prairie chicken, black footed ferret, clarification from the NM State Engineers office concerning water rights on state land, just to mention a few.

by Randell Major NMCGA President

Randell Major President Magdalena Loren Patterson, President-Elect Corona Dustin Johnson NW Vice President Farmington Cliff Copeland NE Vice President Nara Visa Jeff Decker SE Vice President Lovington Roy Farr SW Vice President Datil Joe Culbertson Vice President at Large Amistad Shacey Sullivan Secretary/Treasurer Peralta Tom Sidwell Immediate Past President Quay Pat Boone Past President Elida

We would like to get people appointed to open seats on Boards and Commissions who appreciate and will protect agriculture. This is key to our survivability. NMCGA research positions available and assist interested candidates in the application process. Please contact the office for more information if you are interested or know someone who is. The Association has been working to implement new outreach strategies to support the interests of our membership, to grow the awareness of the mission and work of the NMCGA, and to foster relationships with others in agriculture that support the same lifestyle and values we do. This year we have helped sponsor two local Working Ranch Cowboy Association sanctioned ranch rodeos in the state. Providing Top Horse and Top Hand prizes, hanging our Association banner on the arena floor, advertising in the rodeo program and over the local radio stations with the event hosts have all been great opportunities to get our name out. Working ranch hands are a major contributor to our membership and ensure the success of ranches all over New Mexico. Remember, ranch owners with employed ranch hands can refer them to NMCGA where they can join under the membership level: Working Cowhand. Both new members and those that referred them to the Association get their name in the hat for great quarterly drawings! The price of being a member of NMCGA is a drop in the bucket for coverage that you receive. We have great staff, board and committees working hard to protect our way of life. One example of this is Gerald Chacon’s input on a meeting with concerned permittees regarding USFS issues. Members like these are an invaluable asset to our industry. We need to get something done concerning the lack of competition, price discovery and not enough negotiated trade in our fed cattle arena. We do not need to give any slack now. While the iron is hot, we need to call our Congressmen, Senators, town people and anyone who will listen. We need some sort of mandated negotiated cash trade written into law that can be enforced that will ensure that producers can share in the same profits as the packers. Imported meat currently can use “Product of the USA” labeling even if it is repackaged here. Congress repealed the country-of origin requirement in 2015. After mCOOL was repealed, our prices dropped by about a $1 a pound on the hoof. If we can’t get mCOOL reinstated, there is “Truth in Labeling” on Product of the USA. This will label only beef that is born, raised, fed, slaughtered, and processed in our country. More to come on this. Consumers just want to know whether it comes from the USA or not. Praying for good rains all over and my best to you all.

Until next time,

Randell Major, President

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WIT & WISDOM by Caren Cowan, Publisher New Mexico Stockman

P

olitical correctness never seems to let up. Apparently now we have “short chaps” instead of what the cowboys call them. Sorry, the wokes may get after me if I use the real word chin… The wokeness hasn’t hit all the internet sale sites, so you can still order them now under the old name.

What is woke? I continue to grapple with the word “woke.” The worst wokes I ever had was when Grandmother turned her toy poodle Teddy in to my room every morning. The Oxford English Dictionary, that arbiter of the linguistic zeitgeist, added “woke” to its repertoire in 2017 as “Originally: well-informed, up-to-date. Now chiefly: alert to racial or social discrimination and injustice” according to PH.D. ASSISTANT Professor of Linguistics, at the University Of Pennsylvania. David Brooks, an opinion columnist for the New York Times, said in 2018 that “To be woke is to be radically aware and justifiably paranoid. It is to be cognizant of the rot pervading the power structures. [Woke] is the opposite of cool in certain respects.” Charles Pulliam-Moore, a NYC-based culture critic, said in 2016 that the Woke Renaissance coincided with the birth of the Black Lives Matter movement that followed the 2012 fatal shooting of 17-year-old Trayvon Martin by George Zimmerman.

Violent Crime A little over a year ago the hue and cry was to get rid of police across the country. Now you cannot turn on the news in any major city or nationally without hearing about the horrific shootings that are happening on a daily basis across the country. Seattle is notable because their Mayor last year thought she was living in a “summer of love.” Today she is begging for help. The city’s police force has had 270 officers retire or quit. Washington, D.C. is always interesting to me because it is not legal to own a gun in the District. There is of course a way to own

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and forget to lock a vehicle.

Short Chaps guns for the legions of body guards politicians require today. Federal law requires that handguns must be purchased and registered in the state you live in. Washington, DC is not a state. There are no gun stores. So where did all those guns come from that have contributed to some of the 118 homicides in that city year to date? That number is up five percent from last year. It is also curious that as the battle over gun control wages, Congress, the Administration and the President live in a gun controlled area — that isn’t stopping gun violence. It isn’t legal gun ownership that is causing the problem, it is the illegal guns and not even our nation’s Capital can control them. Seems to be that this would be one good reason for D.C. not to become a state. If it does become a state there could be gun stores. Imagine what would happen with all the guns stolen from gun stores. In breaking news at press time the Mayor of Washington, D.C. is raising a white flag and calling for the hiring of 170 more police officers in the District. Then there is Albuquerque, a relatively small city compared to D.C., Chicago, New York City and numerous other cities across the nation. Crime in this city has long been a problem with many country folks choosing not even to come to town. One city leader noted at a recent “job interview” gathering that property crime is down in Albuquerque. He choose not to answer the question about murders. According to Albuquerque police records, there have been 70 homicides for the year through July 19, 2021. That’s about 10 a month, so the year total will be astronomic. There were “only” 84 homicides in 2019 in the city. That was an increase of 15 compared to 2018. One might ask why I continue to live in the city. We live in a quiet neighborhood where the crime is that of opportunity. In the 24 years we have lived in this area the only crime we have seen was when we forget we don’t live in the country anymore

But Cities Have Nothing on the Mexican Border. Cochise County Sheriff Mark Dannels recently told Fox & Friends Weekend that the Mexican border is the largest crime scene in America in terms of public safety and national security. And, he wasn’t even talking about COVID. Cochise County only has 83 miles of the 1,954 mile border with Mexico. There is honestly no way of determining how many people are entering the United States via that 83 miles. Dannels says that right now there are over 200,000 getaways that the federal government has seen on cameras coming in the U.S. No attempt was even made to capture them. “We have no idea who they are. They’re camouflaged. They’re smuggled by the cartels and released in communities,” said Dannels. There still is no conversation in New Mexico about the border epidemic. However, national news is that the state of Maine is sending 125 National Guard troops to the state. Nor is there any conversation local or national about the spread of COVID that is undoubtedly streaming across the border. By the end of June over 1,000,000 people have illegally been allowed to enter our county — and that doesn’t count the getaways. Groups of 400 to 500 hundred people are being let in at several border crossings in Texas several times a day. Federal policies demand that those people be let into the country. On July 28, 2021 Texas Governor Greg Abbott signed an executive order restricting ground transpor tation of undocumented migrants who pose a risk of transmitting COVID in the Texas interior. The directive authorizes the Texas Department of Public Safety (DPS) to stop any vehicle suspected of carrying migrants that may be infected with the virus and to return them back to a point of origin or a port of entry, according to a statement from the governor’s office. The DPS also reserves the right to seize and take custody of any vehicle that does not comply with the rule. If we want things to change, we must be part of the solution. No doubt, you are like thousands of New Mexicans who believe our state is going in the wrong direction. What would you say if I told you that, for


the first time ever, we have a positive path forward to get this state on the right track? Imagine being part of a statewide organized coalition of like-minded people who have had enough of bad policies and corrupt politicians. This coalition is growing every day as people realize that TOGETHER, we have the power to make New Mexico better. We are working with the New Mexico Business Coalition and over 50 other grassroots organizations to create something bigger than any of us can do on our own. The group is made up of people who share your ideas and are willing to get involved to make a difference. If you will take less than four minutes – right now – to complete this survey, you, too, can be a part of this incredible growing coalition! https://www.surveymonkey.com/r/ NMAgriculture If you have further questions or need assistance, please contact me at caren. cowan1@gmail.com .

The Luck of the Draw With the state of the state and the state of the nation, the Cowboy Channel has been invaluable this past year. Most days this summer we have been able to watch a

rodeo or two a day, a sport we love, instead of watching reruns that are only slightly better than the original network biased content. The bonus is the advertising is for products some folk’s need, not hype to drive us to One World Order at the expense of the poor. But the best part is watching athletes from New Mexico and around the world compete as individuals in spite of real world consequences. Much is being made about the big purses that are available for today’s rodeo cowboys and cowgirls. And it should be. However, whenever an announcer talks about million-dollar performers, it is a cumulative earning over several years, not a seasonal earning like those found in the woke sports (NBA, NFL and so on). Rodeo athletes pay their own travel expenses, which were at all times high this summer with the price of gas and the number of rodeos available to compete in. When they are injured in competition they are not treated by team doctors who are ever at the ready and making a pretty penny doing it. Rodeo cowboys and cowgirls are thankful for the Justin Rodeo Sports Medicine

program that is available at most arenas today. But there is little health insurance available for these athletes. There is certainly no big pay check to care for them and their families while recovering from an injury. When you add all that up, those million dollar cowboys and cowgirls are not so well paid, but it is getting better with rodeos like The American and others that are stepping up to the plate. New Mexico has certainly been well-represented at most rodeos this year. Competitors from Lordsburg to Canlijon and all spots in between are on the road. Their events include team roping, breakaway roping, bull riding, saddle bronc riding, steer wrestling and tie down roping. There is only one New Mexican, tie down roper Shad Mayfield, Clovis, in the top 15 in any event, but there are two months for others to climb into that category. Just about the time that someone wrote a story in the spring about what’s after roping for Arizona’s Derrick Begay, he cracks out with Corey Petska in the team roping. Both made the top 15 in a matter of weeks. Just to spice things up, Begay tried his hand as a pickup man for one round of

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Cheyenne. That arena is so big they have six pickup men. Petska’s wife, four time Barrel Racing World Champion Sherri Cervi, is back on the trail with two young horses that are getting better by the week. There is great opportunity in the future for the young New Mexican cowboys and cowgirls from the National Junior High School Rodeo Finals featured in last month’s Stockman and the National High School Rodeo Finals this month. Additionally there is all of them who didn’t venture to the

finals but are honing their skills at home for the future.

‘‘Southwest Experimental Population Area’’ (SWEPA), which includes parts of Arizona and identified contiguous Tribal land in Black Footed Ferret New Mexico and Utah. This proposed reviThe U.S. Fish and Wildlife Service (Service sion provides a framework for establishing and USFWS), proposes to revise the regula- and managing reintroduced populations of tion for the nonessential experimental ferrets that will allow greater management population of the black-footed ferret flexibility and increased landowner (Mustela nigripes) (ferret) in Arizona. This cooperation. proposed rule would allow the reintroducComments must be received or posttion of ferrets across a larger landscape as marked on or before August 24, 2021. part of a nonessential experimental popu- Comments on the Federal eRulemaking lation and include the AVEPA within a larger Portal must be submitted by 11:59 p.m. Eastern Time. You may submit comments on the proposed rule and draft EA by one of the following methods: Electronically: Go to the Federal eRulemaking Portal: http:// www. regulations.gov. In the Search box, enter the Docket Number for this rulemaking: FWS–R2–ES–2020–0123. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on ‘‘Comment Now!’’ By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS–R2–ES–2020–0123, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041– 3803.

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Federal Taxes… We are hearing a lot about increased taxes from the Biden Administration. Changes will be coming in many sectors. If there is a 1031 exchange in your future, you’d better be paying attention.

Maine Recycling Law Could Spark Wave of Policies Across US A new Maine law could signal a fresh era of recycling responsibility for businesses in America by requiring companies to pay to recycle the packaging on the products they sell, a policy that experts expect to be adopted in other parts of the country.

SEC’s Climate Disclosure Plans At Odds With Big Tech Wishes The chair of the U.S. Securities and Exchange Commission said on July 28, 2021 that the agency could require companies to disclose climate-related risks on their annual 10-K reports, a move that would fly in the face of big tech firms, including Amazon and Facebook, which directly opposed such measures in a letter to the agency.

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PASTURE, RANGELAND, FORAGE

INSURANCE IS A BIG INVESTMENT ... Chisholm can assist you in making informed decisions about your investment. Connie Cowan 602.944.0044 cowan@chisholmco.com NPN 1800930 AZ/NM/TX

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JINGLE JANGLE

Neighbors,

T

he only way most ranches and I’m sure farms as well, truly survive is because of a good neighbor. Now, I fully understand a neighbor by definition is fairly simple: they share a boundary fence on your north side or south, etc. However, I have found in the last several years, they don’t have to actually border your property line in order to be a neighbor. They’re the one who grabs your kid’s pony after it spooked and threw her off, puts the little bratty animal in an alley and tries to make him have a fit again to see what kind of attitude he wants to have in life. Takes that naughty pony back to your daughter and asks if she wants to have a set to with him or if she thinks it’s time to forgive him and get back on? They’re the one who drives 30 miles one way on their Saturday off to help you brand because they knew you were going to be shorthanded without him. Or the one who has known you for 30 years but they like your husband better so they come help him any time he calls. They’re the one who takes their equipment over to drill holes for a fence line because you were in solid rock and desperate. In turn you were treated to a good meal and a good visit. They’re the couple who has lived on their place for 40 plus years, who haul every one of your pairs home when they manage to find a hole in the fence you keep trying to patch on and maintain until you can afford to build with new material. They insist on bringing something for your kids every time they come… but the stories they tell about their life long ago are worth more than the cow standing in the trailer at that point. They’re the one who finishes the banana pudding you were making for lunch on the second day of works, when your husband calls and says he needs more medicine. You realize you had abandoned ship, convinced you weren’t going to finish lunch on time until you walk back through the door to see that everything was set out and ready. They’re the couple who show up the Sunday after you get your husband home from the hospital, from that wreck you never thought he’d be in, and fill your barn with hay. That same couple keeps your kids

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for a night so you can catch up on some sleep. The community of friends, family and strangers who come together to feed you, support you, pray for you and lift you up. If you forget something, they usually have it in their pickup. “No trouble at all, just borrow some and replace it next time I see you”. If that something is at their house, they drive to get it or they’ll run all over town to find it for you because they happen to be there getting groceries, “I’ll meet you at the end of the road”. They never cease to help, in any way they can. The spirit of assisting your fellow man is nowhere better defined than in that of a neighbor. More than a neighbor, they are your friend, at times more like family. When tragedy strikes they are the first to show up, with food, with supplies, with a shoulder to cry on. The call is never too great; they never say no, they never question what they might have needed to do instead. Their value in your life is immeasurable. You couldn’t get through branding season, fall works, times of drought, or random weekends without them. You couldn’t get through life without them. “You shall love your neighbor as yourself. There is no greater commandment than this”. Mark 12:31. So many of you reading this are the extraordinary example of what it is to be a neighbor. You may never know your true impact on someone else’s life but aren’t we all so lucky to have you as a neighbor? May it rain all over and the grass grow belly deep! – Sandra Lacy New Mexico Cowbelle President cowbellringing@yahoo.com The 2021 NM State Cowbelle Officers: Pres-Elect: Jacinda Price Vice-president: Vonda Frost Treasure: Stephanie Avent Secretary: Michelle Greeman. Chaplin:Corrina Casler

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he July meeting of the Chamiza CowBelles was called to order at 12:10 in Johnny B’s Restaurant by Vice President Sherry Ibarra with nine members present. Cathy read the Prayer and Creed and all recited the pledge, including other restaurant patrons. Both the minutes from the previous meeting and the treasurer’s report were approved in motions made, seconded and passed. A new member, Destiny Sanders, was registered at this meeting. Nancy gave a brief run-down of the mid-year meeting in Ruidoso. One area of great concern is the government’s 30 x 30 plan. The silent auction raised approximately $2100, with the brand throw

contributing $75. Food was excellent this year. Annual meeting will be held in December after the NFR at an Albuquerque hotel. The majority of beef tickets have been disbursed and sales are going very well. There was some discussion of possibly printing more tickets, but this was tabled until the August meeting as some people aren’t able to sell all their tickets which makes for some extra to sell at the county fair. Petersens will again hold their Dutch Oven Cookoff but the rodeo this year will be a youth rodeo, rather than a ranch rodeo. A request was received from them asking the CowBelles to donate toward the purchase of beef for the cookoff. In previous years, the donation has been $500. It was agreed to donate that same amount this year. Nancy proposed a change in the payout of vocational scholarships. Because many of the vocational programs last only a few months, paying them like a college semester won’t always work. Vocational scholarships will be paid to the school in full at the beginning of a student’s term. Discussion was held regarding additional fundraisers for our local but tabled until our August meeting. Nancy will order more Beef license plates. Jeni sent word with Nancy that she will fill out the application for county fair booth. Liza Greer won the door prize of free lunch. Meeting adjourned at 12:55 p.m. Submitted by Cathy Pierce Powderhorn Cattlewomen met at the home of Mary McClain on July 8 with Sondra Jack, cohosting. Ladies in attendance were all smiles after having rain with the countryside greening up considerably. Thank God! Brenda led the group with the invocation, pledge and creed. Minutes and treasurers’ reports were given and courtesy cards to several members were passed for signatures. Old business included the final plans for the BBQ and quilt raffle at the Old Fort Days on Saturday Sept 4 in Ft. Sumner. Prep day will be at First Baptist Church in Ft. Sumner, Thursday, Sept 2 beginning at 9 a.m. The group will be at the J and L building just west of Dallas Park for Saturday Sept 4 festivities and group’s famous BBQ will be available for $10 which includes BBQ sandwich, chips, cookies and a drink. The two beautiful quilts made by Sandy McKenna and Kelsey McCollum will be on display and tickets will be available for purchase. Hope to see everyone there! Joan Key, Secretary New Mexico CowBelles: Thank you to all who submitted news to Jingle Jangle. Please send minutes and/or newsletters to Jingle Jangle, Janet Witte, 1860 Foxboro Ct., Las Cruces, NM 88007 or janetwitte@ msn.com by the 14th of the month.


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AUGUST 2021


Banner 2021 HPRBA Derby, Futurity & Sale

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he 22nd Annual High Plains Ranchers and Breeders Association Sale & $30K Ranch Horse Futurity, was held in June in Amarillo, Texas at the Bill Cody Arena. It was sponsored by Jon Galland-White Face Ford, Anderson Bean Boot Company, Rodeo King Hat Company, Will Durrett-Superior Livestock Representative, Caviness Beef Packers, 287 Ag, Livestock Nutrition Center,

Hereford Vet Clinic, and Hughes Ranch Trailers. The High Plains Ranchers & Breeders Association (HPRBA) are a group of 10 Panhandle area ranches that have come together to market their ranch-raised horses in an annual production sale and ranch horse futurity. Members are Chisum Ranch, CL Quarter Horses, Durrett Cattle, H Ranch, Martin’s Last Dollar Ranch, Michael Ranch, Scivally Ranch, Summers Cattle, Wing Brothers (Mike Wing & Jo Wing), and Zieman Ranch. Eight of the ten members are AQHA Ranching Heritage Breeders. New in 2021 was the HPRBA Ranch Horse Derby for 4-, 5-, and 6-year-old horses who had sold as a yearling or two year old through the HPRBA Sale. Accent West magazine sponsored the Red Bluff trophy buckles, and there was $4,000 added money for the 15 horses in the competition. This was held Friday, June 4 and drew an impressive crowd. Husband and wife team,

TOUGH ENOUGH FOR BISON-TOUGH ENOUGH FOR CATTLE

We met up with Brock Toler with Back Forty Bison and asked him a few questions about his opinion on the effectiveness of the Lewis Cattle Oilers. Brock is the ranch mana er for Back Forty Bison near Dadeville, MO. Brock was skeptical, at first, on the durability of the Oilers. qBison are notorious for tearin thin s up....flippin thin s over....To bison, everythin ’s a toy! To this date, they haven’t tipped one over! The durability has really been surprisin ”. The bi est thin that Brock loves about the Oiler is the efficiency.

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Orren and Leah Koontz of Des Moines, NM took away top honors on their Durrett Cattle bred horses in the Open and Limited Earnings Rider Classes. Open Derby winners: Champion, Orren Koontz & RANCH ROOSTER, with a score of 319, bred and owned by the Durrett Cattle Company, won $2,200 and a Red Bluff Buckle. The Reserve Champion, Gatlin Duncan of Clarendon, TX, and last year’s HPRBA Futurity winner, LITTLE RUN SHINNING with a score of 307, bred by Chisum Ranch and owned by Gatlin Duncan won $1,000. Third place was Wes Housler of Cloudcroft, NM & DREAMIN DH MAGNUM, with a score of 277, bred and owned by Martin’s Last Dollar Ranch won $750. Rounding out 4th in the Open was Leah Koontz and FANO RIO, with a score of 272, bred by the Durrett Cattle Company and owned by Orren Koontz won $450. Limited Earnings Rider Derby winners: Champion was Leah Koontz and Fano Rio with a 272, bred by Durrett Cattle and owned by Orren Koontz. This pair won $1,900 and a Red Bluff trophy buckle. The Reserve LER Champion was Colby Davis of Amarillo, TX, and SS PACKIN THE QUEEN with a 221 winning $1,140. Bred by Silver Spur Ranches and owned by Colby Davis. Third place was Ashley Posthumas of Dalhart, TX and METALLIC CHILLY bred by the Chisum Ranch with a 212, winning $760. The Ranch Horse Futurity had a total of 23 entries competing for an unprecedented $30,000 purse. For the third year, a Limited Earnings Rider class was incorporated with a purse of $10,000 to riders who have won less than $2,500 in any major organization, such as AQHA, SHOT, RHAA, NRHA, NRCHA & NCHA, etc. A total of 12 of the 23 entries were eligible for incentive, given by the HPRBA. They were also eligible to compete for the $20,000 Open purse. The Ranch Horse Futurity is open to 3-year-old horses who have sold as a yearling or two year old through the HPRBA Sale. When the dust settled, coming all the way from Marsing, Idaho, Matt Frederick and HAL REYSIN CAT (HAL OF A RUN X LITTLE TR REY X TR DUAL REY) were crowned the Open Futurity Champion with a 304 score, winning $10,000, a Red Bluff Buckle, and other prizes. HAL REYSIN CAT was bred by Chisum Ranch and is owned by Chelsea Frederick. For the second year in a row, Reserve Champion in the Open was the Limited Earnings Rider champion also. Jimmy Sorrell of Claude, TX and H FANCY REY bred by H Ranch, and owned by Ryan Fairbank scored a 259, and winning a


total of $4,000 and an Iron Horse Head Brand cinch. Last year’s Open Champion, Gatlin Duncan of Clarendon, TX and HAL OF A RUN, bred by Chisum Ranch, were 3rd in the open winning $3,000 and prizes with a 253 score. Followed closely by one point, and a 252 score for 4th place was Bubba Garcia of Portales, NM, riding DULCES ROYAL, bred by Chisum Ranch. Garcia took home $2,000, not including winnings from also being the Reserve Limited Earnings Rider champ. Rounding out the money earners in the Open were fifth place, Liam

The Ranch Horse Futurity had a total of 23 entries

competing for an unprecedented

$30,000 purse.” MacNeil of Oklahoma, on SRS CAT STYLE with a score of 238. This colt was bred by Scivally Ranch and is owned by Colby Davis; they won $1,000 and prizes. All money earners received Rodeo King straw hats, a HPRBA vest, and a Happy Tails tail bag. The Limited Earnings Rider (LER) Cham-

pion, Jimmy Sorrell, of Claude, TX and H FANCY REY (SAMMI REY X HR BLACK SMOKE X HR DUN SMOKE), were winners again after their Reserve Open Champion title to win $4,000, a Red Bluff Buckle, and an Iron Horse Head Brand cinch with their 259 score. H FANCY REY, coincidentally is a full sibling to last year’s LER Champion, H MARIA DEL REY. Reserve champion in the Limited Earnings Rider was Bubba Garcia of Portales, NM and DULCES ROYAL, bred by Chisum Ranch, winning $2,500 and an Iron Horse Head Brand cinch with their 252 score. Third was Weston Griswold of Romero, TX and WB STORMYS GIN SPILL winning $2,000 for their 222 score. In Fourth place with a 204 score was Cedar Stevenson of Clarendon, TX and SRS PLAYIN WITH STYLE, bred by Scivally Ranch and owned by Stevenson, winning $1,000. Finishing out the LER Class with a score of 200, and winning $500 was Ty Casper of Balko, OK, and ONE GREYT CAT, bred by Michael Ranch. All money earners received a Rodeo King Straw Hat, HPRBA vest, and a Happy Tails Bag. It was a record-breaking sale for the HPRBA, starting with futurity horses with the top selling horse, HAL CD at $24,000, which was also the 3rd place Open Futurity money earner. The 3-year-old bay gelding

was bred by Chisum Ranch and is owned and ridden by Gatlin Duncan. There were 40 two year olds offered for sale, with the top 6 horse colts averaging $15,417. Topping the two-year-old colts was KNOT A BLU, a red roan stallion by ONCE IN A BLU BOON, consigned by Chisum Ranch sold for $34,500. Next was ROYAL TITAN, a bay gelding by ONE TIME ROYALTY consigned by Martin’s Last Dollar Ranch sold for $13,000. SRS BET HESA PLAYIN, a red roan gelding by TRR SON D SEVEN, bred by Scivally Ranch fetched a handsome $12,500. The two-year-old fillies did not disappoint, with top 6 averaging $11,617. METALLIC BLU COWGIRL by METALLIC MALICE topped the two-year-old fillies with a HPRBA record $20,000. The blue roan mare was raised by Zieman Ranch. Also in the top two was DT HICKORYS SEDONA, a red roan by HICKORY HOLLY TIME, bringing $14,500 for Durrett Cattle. Rounding out the top 3 was SRS CAT SILVER STYLE at $10,200. This gray filly by TRR SON D SEVEN was raised by Scivally Ranch. The 35 yearlings held steady with the top 5 horse colts averaging $9,980 and top 5 fillies averaging $5,180. The top selling yearling colt was STAR SHOOTING OUTLAW, a sorrel stallion by SHINY OUTLAW, con-

AUGUST 2021

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signed by Martin’s Last Dollar Ranch, who sold for $15,000. Next, was FROSTED LITTLE SNAP, a palomino stallion also from Martin’s Last Dollar Ranch sold for $6,200. Completing the top 3 was SHINNG DULCES, a palomino filly bred by Chisum Ranch sold for $7,500. The entire Sale of 72 head sold averaged $7,271 with the top 5 averaging $21,600 and top 10 averaging $16,700. The HPRBA will hold its 23nd Annual Sale on Saturday, June 4, 2022 in Amarillo, Texas in conjunction with the Coors Cowboy Club Ranch Rodeo. For more information visit the HPRBA website at www.hprba.com, and keep up on Facebook, by following High Plains

It was a record-breaking sale for the HPRBA ...”

Ranchers and Breeders Association, or on Instagram at HPRBA.horsesale.

The Kentucky Derby – A Case Study for Understanding Racing’s Regulatory Process by Wendy Davis, National Animal Interest Alliance Board Member

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he Kentucky Derby is the oldest continuously held major sporting event in the United States. It has been contested every year at Churchill Downs without interruption since the inaugural running on May 17, 1875. The last few years of America’s most iconic horse race have been anything but ordinary. Two years ago, Maximum Security was disqualified from his 2019 Derby win due to interference coming into the homestretch – the first winner ever disqualified for interference in the history of the race. At the time there was disbelief from the public who watches racing only on the first Saturday in May. For those who work with the

rules of racing on a daily basis, the decision was not surprising. Other than this race being watched around the world, the decision to disqualify for interference (defined as an action that cost another horse “the opportunity for a better placing”) as was straightforward. What was out of the norm was the legal battle that lasted until late August 2020 when the United States Court of Appeals supported the opinion of U.S. District Court Judge Karen Caldwell, who ruled Nov. 15, 2019, that disqualification decisions are not subject to judicial review and that the disqualification procedure in place does not implicate an interest protected under the due process clause of the Constitution. This year’s Derby, Medina Spirit, trained by Bob Baffert, was not without controversy as the winner may become only the second horse in the history of the race to be disqualified for a medication violation. The only other came in 1968 when Dancer’s Image was disqualified for the presence of phenylbutazone. Both incidents brought the rules of racing to the front pages of newspapers and magazines across the country and left people wondering about just what is going on.

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Understanding the regulatory system can seem difficult and complicated but it truly is a straightforward process. There are two very important but separate parts to consider in the Baffert case – actions taken by a governmental agency and actions taken by a private entity. These issues are distinctly separate, but the lines are often confused in articles found in non-racing publications. It’s important to first understand the basics of racing regulation. Each state individually determines if racing – and the associated wagering – is legal in the state.

If the state determines that racing is legal, rules can be different from state to state. an administrative agency is created within This body is called a racing commission or the state to promulgate the rules and reg- racing board – and functions like the many ulations under which racing will be held. other administrative bodies within the state Racing regulations across the United States – such as the real estate or cosmetology are very similar but not exact, just as driving boards, etc.

What was out of the norm was the legal battle

that lasted until late August

2020 ... Each state individually determines if racing – and the

associated wagering – is legal in

the state.”

AUGUST 2021

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HARRISON

QUARTER HORSES

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r. D. J. Harrison began breeding Quarter Horses in the 1930s on his ranch in Sonora, Texas, and began registering his Quarter Horses with the AQHA in 1941. The horses were raised primarily to work cattle. Mr. Dan J. Harrison, Jr. followed his father, raising Quarter Horses on his ranches in South Texas. His ranch outside Fulshear, Texas, served as the main breeding operation – as it still does today. In 1997, the American Quarter Horse Association honored both men with the Legacy Award, a recognition for their 56 continuous years of registering Quarter Horses. Horses like King Moore by King, Old Sorrel grandson, Little Huero, Les Glo, Skipa Star and Colonel Freckles heavily influenced the Harrison breeding program. If you visit Memorial Hall at the Texas and Southwestern Cattle Raisers Museum in Fort Worth, Texas, you will see the niche which honors and perpetuates the memory of D. J. Harrison and Dan J. Harrison, Jr. In Western Horseman’s Legends, Volume 5, which features outstanding stallions and mares that have had a significant impact on the Quarter Horse breed, Skipa Star is featured. Our deceased stallion Skipastarsky, an own son of Skipa Star, was the 1983 AQHA High Point Jr. Heeling Horse, among many other accomplishments and sired 151 foals.

TYLER RIVETTE O:281-342-4703 • C:832-494-8871 harrisonquarterhorses@yahoo.com www.harrisonquarterhorseranch.com 22

AUGUST 2021

The board or commission regulates all who participate in the sport by requiring them to be licensed. Rule violations are adjudicated by a well-defined regulatory process as defined by the state’s Administrative Procedures Act. The 14th Amendment clearly comes into place with the line, “…nor shall any State deprive any person of life, liberty, or property, without due process of law.” If accused of a rule violation, the licensee is assured of due process which is defined as notice of a violation and the opportunity to be heard in a formal regulatory proceeding because the state issued the person a license and the state can’t issue a fine or suspend the license – as it is considered a property right - without due process. So what does all of this have to do with this year’s Derby winner Medina Spirit and Bob Baffert? After the 2021 Derby, Baffert was notified by the regulatory body in Kentucky that the post-race sample taken from Median Spirit contained betamethasone. As a part of the regulatory process, the trainer can request to have the second sample tested by another lab to confirm the presences of the substance named. The second lab confirmed the medication. Betamethasone is on Association of Racing Commissioner’s list of controlled medications that have been determined to be a legitimate therapeutic medication used by veterinarians. Initially Baffert denied the horse was treated with betamethasone as it is most commonly used as an intra-articular injection – which would not have been permitted just prior to the race. Shortly thereafter, Baffert suggested that the drug was introduced via a cream used for an ongoing skin irritation on the horse’s hip and acknowledged treating Medina Spirit with an antifungal ointment called Otomax, of which he was unaware, contained betamethasone. The prescription for the cream, written by a veterinarian, was confirmed on the horse’s (required) medical records. It is a violation to find this medication in the horse’s system above the small threshold amount determined not to have the potential to affect the outcome of the race. In all cases, the trainer, as the insurer of the condition of the horse, is responsible. The question is the severity of the penalty. What makes this case so interesting is that normal penalty for this violation, with continued on page 24 >>


Mesalands Community College Leads the Way Advancing Traditions of the Southwest Name one college where a student, in a matter of two years can learn to shoe a horse, create handmade bits and spurs, master artificial insemination and ultrasound techniques, and harness energy from the wind. Mesalands has and will continue the legacy of the western pioneer by creating forward thinking and progressive learning platforms for students. The North American Wind Research and Training Center (NAWRTC), on the campus of Mesalands, is the authority on wind energy in the state of New Mexico and arguably across the Nation. A fully functional three-hundred-foot turbine plus a Nacelle (the fuselage of a wind turbine) sits on campus for students to train and learn on.

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ucked away in the shadow of Tucumcari Mountain in the heart of New Mexico’s cow country, Mesalands Community College provides unique hands-on training to advance the traditions and profitability of the American Rancher, and uphold New Mexico’s cowboy legacy with a nationally ranked collegiate rodeo team. The classroom setting at Mesalands is anything but traditional, yet the college experience offers the next generation of ranch and natural resource managers multiple applied learning venues to develop skills and business management essentials to become a firstgeneration entrepreneur or add a diversified skill set to a multi-generational ranch legacy.

The Cowboy Arts and Silversmith program, unique to Mesalands, teaches the craftsmanship for bits, spurs, and jewelry and the skills for business management, marketing, and direct sales. Coming in the Fall of 2020, Mesalands (in cooperation with the Niche Meat Processors Assistance Network) will be New Mexico’s home to the Western Meat School - an innovative learning experience where ranchers, butchers and others can learn how to direct market beef and lamb.

Mesalands is the only learning academy in the Southwest where students can leave with the experience, confidence, and credentials to make a lasting impact on the economies that built and continue to sustain rural New Mexico. In two years or less students can return to rural New Mexico with more than a diploma, but nationally recognized certification in Wind Energy, Farrier Science, Silversmithing, Cowboy Arts, and Ranch Management.

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DERBY

<< cont from page 22

no mitigating circumstances (that may be used if this violation is considered to be due to a topical ointment) in Kentucky involves a disqualification and a loss of purse. Other states, like California, look at this violation differently and it would only merit a fine for the trainer but no disqualification, or loss of purse, as it’s seen as a mild infraction of the rules. As of the writing of this article, the Kentucky Horse Racing Commission has not held any due process hearing on the rule violation; thus there are no regulatory sanctions against Baffert’s license. If a sanction should be issued, other racing states would uphold Kentucky’s

ruling on Baffert’s racing license and enforce it in their state also. This is known as reciprocity of rulings and has long been held as a foundation of racing regulation and integrity and stands up to legal scrutiny. The response to the medication violation from race tracks is a totally separate issue. It is not a part of the regulatory process.

Private Property Rights Churchill Downs made it known that it is using its private property rights to exclude Baffert from participating in racing

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on their grounds. This is purely a private business decision, or as some see it, a public relations decision related to integrity initiatives promoted by Churchill Downs. The right to deny access to private property requires no due process as is it not an action of the state. Under common law, the management of a place of amusement has the right to exclude people from their property for any or no reason. This allows a racetrack to exclude a person for any or no reason whether or not the person is a licensee of the commission, as long as the

The response to the medication violation from race tracks is a totally separate issue. It is not a part of the regulatory process.”


exclusion is not one of the protected classes.

State Action? The New York Racing Association (NYRA), operators of Belmont Park, Aqueduct and Saratoga Race Course also stated that they were excluding Baffert from entering horses under private property rights. Again, this was a business decision, not a regulatory action. But in this case, NYRA’s private property rights were challenged by Baffert using a “1983 claim” (42 U.S.C §1983). Court action brought under this claim must show that the person has a liberty or property interest (in this instance, “property” is a New York

racing license) that is protected by the U.S. Constitution that they are being deprived of, and there was state action involved in depriving them of that interest without due process. Because NYRA is franchised by the state of New York, it is believed they have a symbiotic relationship; a condition where the overall relationship between an entity and the state is so intertwined that it is impossible to distinguish between the action of the entity and action of the state. In midJuly, the U.S. District Court ruled in favor of trainer Bob Baffert’s motion for a preliminary injunction against NYRA’s exclusion. The judge determined that NYRA’s suspen-

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SPRING CLEANING! Do you ever think about going through all your paperwork and files to make sure that when it’s your time to pass, you and your family are prepared? With long term care costs rising, it might be time to consider: Do I want my kids to take care of me, or do I want to spare them the trouble? It’s hard enough losing a parent without knowing if this is how they wanted to handle their affairs with nothing planned or in writing. Do you have a will or trust? Or money set aside for unforseen expenses? Give us a call so we can assist you with your planning needs. SERVING THE LIVESTOCK INDUSTRY FOR OVER 44 YEARS!

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ROSWELL LIVESTOCK AUCTION SALES, INC. & ROSWELL LIVESTOCK AUCTION TRUCKING, INC.

900 North Garden · P.O. Box 2041 Roswell, New Mexico 88201 575/622-5580 www.roswelllivestockauction.com CATTLE SALES: MONDAYS HORSE SALES

BENNY WOOTON CELL 575/626-4754 SMILEY WOOTON CELL 575/626-6253 Producers hauling cattle to Roswell Livestock New Mexico Receiving Stations need to call our toll-free number for a Transportation Permit number before leaving home. The Hauling Permit number 1-800-748-1541 is answered 24 hours a day, 7 days a week. Trucks are available 7 days a week / 24 hours a day

Roswell livestock Auction Receiving stAtions LORDSBURG, NM 20 Bar Livestock Highway #90 at NM #3 – East side of highway. Receiving cattle for transport 2nd & 4th Sunday of each month. Truck leaves Lordsburg on Sunday at 2:00 p.m. (MST) Smiley Wooton, 575/622-5580 office, 575/6266253 cell. PECOS, TX Jason Heritage is now receiving cattle every Sunday. For information to unload contact Jason Heritage 575/8409544 or Smiley Wooton 575/626-6253. NO PRIOR PERMITS REQUIRED. Trucks leave Sunday at 4:00 p.m. (CST) VAN HORN, TX 800 West 2nd, 5 blocks west of Courthouse. Bob Kinford, 432/284-1553. Trucks leave 1st & 3rd Sunday at 3:00 p.m. (CST) MORIARTY, NM Two blocks east and one block south of Tillery Chevrolet. Smiley Wooton 575/622-5580 office, 575/626-6253 mobile. Trucks leave Sunday at 3:00 p.m. (MST) SAN ANTONIO, NM River Cattle Co. Nine miles east of San Antonio on U.S. 380. Receiving cattle for transport 2nd & 4th Sunday of each month. Michael Taylor 575/418-7398. Trucks leave Sunday at 3:00 p.m. (MST)

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NEWS UPDATE

USDA Data Show Reduced Cattle Numbers Now & Later

by Derrell S. Peel, Oklahoma State University Extension Livestock Marketing Specialist

T

he July USDA Cattle on Feed report shows July feedlot inventories of 11.29 million head, down 1.3 percent from last year and down 1.7 percent compared to 2019. June placements were 1.67 million head, down 7.1 percent from 2020 and down 5.2 percent from June 2019. Feedlot marketings in June were 2.02 million head, up 2.7 percent year over year and 4.1 percent above the 2019 level. The report was well anticipated with placements down slightly more than the average pre-report estimate. This latest cattle on feed report confirms that the feedlot situation continues to improve relative to the slaughter capacity constraints that plagued fed cattle markets in early 2021. The July 1 feedlot inventory is down 816,000 head from the February peak, a decrease of 6.7 percent. It appears that the feedlot industry has finally moved past the cyclical bulge of cattle numbers and should be operating with declining numbers going forward for the foreseeable future. USDA also recently released the July Cattle report. The report shows, as expected, that cattle numbers continue to decline in the U.S., possibly aggravated by additional liquidation resulting from the widespread drought in the western half of the country. The estimated July 1 inventory of all cattle and calves is 100.9 million head, down 1.3 percent year over year and down 1.9 percent from the cyclical peak July inventory of 102.8 million head in 2018. The July beef cow inventory is 31.4 million head, down 2.0 percent from 2020. The current beef cow inventory is down 3.1 percent from the 2018 cyclical peak of 32.4 million head. The estimated July 1 inventory of beef replacement heifers is 4.3 million head, down 2.3 percent year over year. The estimated 2021 calf crop is 35.1 million head, down fractionally from last year. The 2021 calf crop is down 3.3 percent from the 2018 peak of 36.3 million head. The estimated feeder supply outside of feedlots, calculated from the July 1 inventories of steers, other heifers and calves, is 36.1 million head, down 1.6 percent year over year. The July 1 estimate of inventories in all feedlots is 13.4 million head, down 1.5 percent from last year. The overall message of these two reports is that declining cattle numbers are improving cattle market conditions both for the remainder of the year and into 2022 and beyond. While it is not clear that drought has contributed significantly to cattle liquidation thus far, the potential is high for additional herd liquidation in the remainder of the year. Tighter cattle supplies, combined with continued strong beef demand leads to expectations for modestly higher prices for the remainder of 2021 and beyond. Fourth quarter prices for calves, feeder and fed cattle are currently projected to average 8 to 12 percent higher year over year. However, profitability will be tempered by higher input costs, including sharply higher prices for feed grains and supplements. This article was first published in the Cow/Calf Corner Newsletter and then meatingplace.com


Schools Brace for Food Supply Shortages from Pandemic Fallout by Chris Scott, meatingplace.com

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ood supply chain challenges are expected to cause shortages of meal components in school cafeterias when students nationwide return to classrooms this fall, according to a report in The Wall Street Journal. Labor shortages, warehouse issues and delivery problems in the wake of COVID-19 are expected to affect schools that are required to meet USDA nutrition and volume requirements. The pandemic prompted the agency to relax rules for school foodservice, but food manufacturers, distributors and some schools contend that the situation today is more dire, the Journal found. Schools are paring back menus to use more staples in different types of dishes to relieve pressure on distributors for some items. Some are being forced to find new suppliers because of recent production limits or driver shortages, the report added. One supplier told the paper that it is hard

to source items such as corn dogs and hamburger beef patties. A public school district in Oklahoma told the newspaper that it joined a local food cooperative after US Foods, which provided about half of the district’s food needs, informed the district it would be unable to deliver food this coming school year. With schools expecting to run low on food supplies compared with pre-pandemic levels, concerns that returning students may not be able to receive meals at school at all are increasing, especially since schools haven’t seen full classrooms for more than a year, the report said.

may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http:// www.regulations.gov. In the Search box, enter the docket number or RIN for this rulemaking (presented above in the document headings). For best results, do not copy and paste either number; instead, type the docket number or RIN into the Search box using hyphens. Then, click on the Search button. On the resulting page, in the panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate the document. You may submit a comment by clicking on ‘‘Comment.’’ (2) By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS– R2–ES–2021–0015, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, his notice was published in the Federal Falls Church, VA 22041– 3803. Register for July 30: We request that you send comments DATES: The comment period on only by the methods described above. We the proposed rule that published June 1, will post all comments on http:// www.reg2021, at 86 FR 29432, is extended. We will ulations.gov. This generally means that we accept comments received or postmarked will post any personal information you on or before September 1, 2021. provide us (see Public Comments, below, ADDRESSES: Comment submission: You for more information).

Comment period for Lesser Prairie Chicken Extended to 9/1/21

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Jon Tester (D-Montana). She introduced her a project of Goldberg’s company. The husband of many years and said both her Republicans accused Stone-Manning of parents had been military retirees and violating the ethics rules of Senate. That instilled in her the honor of being a public rule requires reporting of any gift over $250 servant. All intended to leave the impres- by any Senate staffer and a loan was consion she was a family person from a patriotic sidered a gift under the Senate rules. family to boot. The tree spiking was a much more Not having any of this was John Barrasso important politically. Stone-Manning testi(R-Wyo) the Ranking Republican on the fied she was approached by an Earth Firster committee. He and the other Republicans and asked to mail the letter to the Forest were concerned about her voluntary work, Service. Stone-Manning said she rented a while in college, for the radical, vio- typewriter, edited and retyped the letter, lence-prone group EarthFirst! However, the and sent it to the Forest Service. The letter two issues they are pressing in opposing was threatening in nature, as it stated the her nomination are a) a suspicious loan Forest, “is home to the Elk, Deer, Mountain from a political donor and b) her involve- Lions, Birds and especially the Trees…You ment in a threatening letter to authorities bastards go in there anyway and a lot of about tree spiking in a forest. people could get hurt.” Stone-Manning The loan was from developer Stuart said she only did the letter because she Goldberg and was for $60,000 (some “didn’t want anybody to get hurt.” She also reports say it was for $100,00). It included testified that she had never been a “target” an interest rate of 6 percent when the going of the investigation. rate at the time was 11 percent. It also Then up pops one Michael Merkley, an occurred while she was an employee of investigator in the tree spiking case. Merkley, Senator John Tester (D-Mont.). Eight years a retired special agent for the Forest Service, prior to the loan, while Stone-Manning was wrote a letter to the committee asserting the executive director of the Clark Fort Coa- Ms. Stone-Manning was “not an innocent lition, she made what she called the bystander.” He wrote the investigation led “perhaps unprecedented” act of supporting his team to search the Missoula residence

NEW MEXICO FEDERAL LANDS NEWS by Frank Dubois

You Are About to be Spiked

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racy Stone-Manning is President Biden’s nominee to be Director of the Bureau of Land Management and her nomination hearing was recently held before the Senate Committee on Energy and Natural Resources. It didn’t seem like a big deal, as she was just one of four nominations to be considered by the Committee that day. In her testimony, Stone-Manning spoke of her experience on the staff of the Governor of Montana and on the staff of Senator

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where Ms. Stone-Manning and other members of Earth First! had lived, and a grand jury served subpoenas “on persons suspected of having knowledge of the incident, including Ms. Tracy Stone-Manning.” Merkley reported that Ms. Stone-Manning throughout his investigation was “vulgar, antagonistic, and extremely anti-government” and refused to provide the hair, handwriting and fingerprint samples ordered by the grand jury until threatened with arrest. Senator Barrasso said, “BLM’s work is too important to be led by someone who covered up for ecoterrorists, lied to the Senate and supports extremist views most Americans find reprehensible. The Senate must reject this nomination.” Even Minority Leader Mitch McConnell went to the senate floor and stated the President should withdraw her nomination and all ten Republicans on the committee signed a letter to the President requesting the nomination be withdrawn. All this was to no avail as the Senate Committee on Energy and Natural Resources has just voted 10 to 10, on a strict party line basis, to advance her nomination to the full senate. If she retains the support of all Democrat senators, and with the

Vice-President available to break a tie vote, she will become the next Director of the Bureau of Land Management. What do you think the outcome would have been if the nominee was a male, who while attending college had lived with members of a local militia group, and who had rented a typewriter, and edited and retyped a letter to the FBI threatening to booby trap a federal facility? If confirmed by the senate, Stone-Manning will become the key person to implement President Biden’s policy to drastically curtail energy production on federal lands. She will also assume a leadership role in carrying out the President’s policy to set aside and permanently protect one-third of our land and waters.

This debate is not just about some tree spikes in an Idaho forest. This debate is about a spike aimed directly at the heart of the West. Until next time, be a nuisance to the devil and don’t forget to check that cinch. Frank DuBois was the NM Secretary of Agriculture from 1988 to 2003, is the author of a blog: The Westerner (www.thewesterner.blogspot.com) and is the founder of The DuBois Rodeo Scholarship and The DuBois Western Heritage Foundation

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Humane Society of the US Loses $850,000 on Fundraising Campaign

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f you get a call from the Humane Society of the United States begging for a donation, do yourself (and animals) a favor and hang up. The New York Attorney General publishes an annual “Pennies for Charity” report and requires charities to report how much money they raised with their fundraising

vendors and how much of that actually went to the charity. According to the report, charities collect on average 72 cents of every dollar raised, while the rest goes to the fundraising companies. The Humane Society of the United States is not just below average—its fundraising is so bad you’d think it was run by Bernie Madoff. According to the New York Attorney General, HSUS netted a negative $854,000 on a telefundraising campaign run by

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Donor Services Group in 2019, the most recent year for which data is available. The campaign raised about $187,000 in revenue, but after paying DSG its fees to run the fundraising campaign, there was an overall net loss of nearly a million dollars. That’s a net return of -456 percent on the money raised. If you gave through one of these calls, then your donation—and then some— ef fectively went straight into the fundraiser’s pocket without helping a single animal. This is even worse than the 2018 campaign by Donor Services Group, which, while raising $611,000, still ended up netting a negative $829,000 after HSUS paid the fundraiser its fees. That works out to a net negative return of -136 percent. Here’s the even bigger joke. HSUS says on its website: “We partner with Donor Services Group and Telefund to ask some of our most compassionate donors to deepen their support of our critical and lifesaving animal protection programs. These calls are a very cost-effective way to increase our impact and help even more animals tomorrow and in the years ahead.” (Telefund didn’t conduct fundraising for HSUS in 2019 and 2018, according to the Pennies for Charity database.) “Very cost-effective”? That’s just a lie. We’d expect no better from a group whose board of directors stood by an accused sexual predator. When a charity is willing to lie to you to induce donations, run the other way. If you want to help animals, check out your local pet shelter. In fact, we’ve screened some good ones for you. The post Humane Society of the US Loses $850,000 on Fundraising Campaign appeared first on HumaneWatch.

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Wall Street. We say we want to eat pure food without chemicals and then turn around and buy fake meat with 32 different ingredients many of which you know nothing about unless you’re a chemistry professor. Then we bad mouth beef which has only one ingredient... beef. Hollywood starlets and movie stars go on Ellen and say they don’t want any foreign substances in their bodies and then they smoke weed and snort cocaine. We’re all for biodiversity yet we want to rid the world of non-native species, except of course the illegals who cross our southern borders to mow our lawns, reroof our houses and raise our kids. We vow to save endangered species like red headed frogs and fairy shrimp that live in the rural west while 97 percent of our population lives on 3 percent of our land which they’ve turned into a sterile environment where there are no species left to save. They wiped out all the species in their neighborhood and now want to tell us how to save them in ours. The urbanites dictate what happens on the other 97 percent of the land because they know so much more about nature than the rural families who’ve survived there for five and six generations. The animal rightists are aghast that cattle, swine and sheep are humanely euthanized but don’t say a thing when packs of wolves rip the flesh from the bones of a baby lamb or eat the hind end out of a cow as she calves leaving behind the cow and the calf to die a slow death. The enviro-blatherers and eco-twaddlers use words like “sustainable” while working in “cube farms” and living in concrete jungles where they can’t even see the sun. They think that humanity is the greatest cancer on Mother Earth and that we’re all going to either freeze or burn to death to pay for our sins. They ease their conscious by writing an annual check to the Sierra Club at Christmas. First they said that paper bags were terrible so they switched us all to plastic and then you had to bring your own bag to the store. Then they found that wasn’t sanitary or sustainable so now they’re back to paper bags. It will be the same thing with many of these issues. When they finally wake up and discover that food comes from farmers and that cows, sheep and goats make great four legged firemen, there won’t be anyone left who knows a tulip from a turnip or which end of the cow gets up first. They’ll have “Meatless Mondays” all right... Starvation Sundays and Saturdays and food-less Fridays, too.


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nspector Don Gatlin of the New Mexico Livestock Board District 17, graduated from the Law Enforcement Academy in Hobbs on May 28, 2021. He was named Distinguished Cadet for graduating top of his class. Along with being top cadet he won the physical fitness and driving award, all while maintaining an A average in academics. Inspector Gatlin is married and has three children, they live on a small ranch raising cattle in Gila, NM. He reported how thankful he was for the New Mexico Livestock Board giving him this employment opportunity after suffering an accident in November 2016 that left him in a coma for 16 days. He was not expected to live and by a miracle made a full recovery and is a true

inspiration to others. Deputy Director Shawn Davis congratulated Don stating, “To say that we are proud is an understatement, Don represented the NMLB in fine fashion”. Special Investigator Dennis Alarid made two kids smile from ear to ear, after their horse went missing and was later found. Proud grandpa Mr. David Sanchez did not hesitate to contact Executive Director Belinda Garland to share his high praises for Officer Alarid being prompt, professional and courteous during the investigation of the missing horse. Sanchez wanted to make sure the NMLB’s work did not go unnoticed.

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1H 2021 Sees High Prices but Continued High Demand by Meatingplace Editors

This item is contributed by Anne-Marie Roerink of 210 Analytics LLC, based on her research.

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eat prices are once more a big topic of discussion, but inflation is not isolated to meat. Food prices in both the retail and restaurant settings are seeing significant price increases. In June, food prices overall were up 2.2 percent year over year, according to the Bureau of Labor Statistics (BLS). This is on top of the 3.4 percent increase in 2020. June saw much bigger price increases in the restaurant world (+4.0 percent) than at retail (+0.7 percent). BLS is forecasting continued inflation of between 1.5 percent and 2.5 percent in 2021. Consumers are well aware of the inflationary conditions. According to the June IRI survey of primary shoppers, 81 percent feel prices are much (32 percent) or somewhat (49 percent) higher than before COVID-19. This has resulted in a total of 84 percent being somewhat (56 percent) or very (28 percent) concerned about food cost inflation. Stores’ promotional decisions, merchandising and price perceptions are likely to grow more important as a result. IRI and 210 Analytics analyzed the meat department performance in the first and second quarters along with the month of June deep dive. The report is made possible by Marriner Marketing.

Price per volume Across all measured meat and poultry items in the IRI universe, both fixed and random weight, the average price per pound volume stood at $3.89 in the first quarter of 2021 and rose to $4.08 in the second quarter. This constitutes an increase of 4.8 percent and 2.3 percent, respectively, versus the first and second quarters of 2020. However, prices were much higher in 2020 already amid supply constraints. When comparing first and second quarter prices to 2019, the increases were 8.7 percent and 13.3 percent, respectively. Both fresh and processed meat prices were up. www.marketingandtechnology.com/ repository/webstories/webst51479.png

no surprise that the meat department could +16.7 percent. not match those numbers in the first half of www.marketingandtechnology.com/ this year, but they are not far off, either. In repository/webstories/webst51480.png the first quarter, the meat department genThe same pattern holds true for volume erated $19.5 billion, up 0.4 percent from sales. While volume sales were down in the 2020’s astounding numbers. In the second first and second quarters of 2021 when quarter, meat sales totaled $20.1 billion, compared to 2020, volume sales remained which was off 9.7 percent but included the elevated when compared with the 2019 peak buying period of 2020. That averages pre-pandemic normal. First quarter pound to first-half-of-the-year dollar sales being sales were up 7.9 percent and second down 5 percent versus year ago. However, quarter sales increased 2.6 percent over when compared to the pre-pandemic 2019 2019. Meat is still much in demand in 2021, normal, meat sales remain elevated, at compared to pre-pandemic.

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www.marketingandtechnology.com/ repository/webstories/webst51481.png

Top 10 growth contributors, 1H2021 When comparing the first and second quarters’ dollar sales to that of 2019, the list of growth giants emerges. The top three biggest contributors in absolute dollar gains compared with 2019 were beef loin, ground beef and bacon. Each added more than half a billion dollars compared to their 2019 performance. The biggest grower in pound sales in the first half of 2021 was bacon, with an additional 57 million pounds

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sold. Sales strength is no doubt related to the 80% of meals still being consumed at home, according to the June IRI primary shopper survey. www.marketingandtechnology.com/ repository/webstories/webst51482.png While still down when compared to the big 2020 sales spikes, June sales came within single digits of their 2020 performance and even exceeded the prior year results in the first week of June. Compared to the pre-pandemic normal of 2019, sales increases are still in the high double digits, ranging from +10.2 percent the second week of June to +25 percent the third week of June. www.marketingandtechnology.com/ repository/webstories/webst51483.png Both dollars and volume have seen month-to-month improvement since March, now within 3 percent of the 2020 levels. And both are still up versus the 2019 pre-pandemic normal. Volume tracked 1.8 percent ahead of June 2019 and dollars,16.9 percent. The June through September grilling season will be an interesting one to watch. The 2020 season was heavily impacted by the lack of large gatherings. This year, 35 percent celebrated the Fourth of July with a get-together of friends and/or family, which was up from 22 percent last year, according to IRI research of primary shoppers. Others took trips (up from 5 percent to 9 percent), watched parades or fireworks (up from 6 percent to 14 percent), etc. This resulted in those without special holiday plans dropping from 58 percent last year to 41 percent this year. This is a good sign for continued strength in grilling occasions, despite higher per pound prices. www.marketingandtechnology.com/ repository/webstories/webst51484.png


Assortment In the first quarter of 2021, assortment was still down about 3 percent from 2020. Lapping the big drop in assortment seen in May 2020, assortment increased 6.2 percent over the second quarter of 2021. This number may end up being a bit higher still once all new item codes have been tallied. However, when compared to the pre-pandemic assortment of 2019, the meat department still averages 18 fewer items per store as labor woes in processing plants and at retail continue. www.marketingandtechnology.com/ repository/webstories/webst51485.png Fresh meat by protein; lamb sees sales gains Small but rapidly growing in popularity, lamb was the only protein with sales gain in the first and second quarter of 2021 compared with 2020’s juggernaut performance. Shoppers continue to see variety as in June 2021, lamb dollar sales exceeded June 2019 levels by 41.6 percent. Overall in fresh meat, most proteins have moved within 5 percentage points from the 2020 June sales levels. Of the big three, chicken came the closest at -3.0 percent. Beef, however, had the highest percentage increase when comparing the June results to 2019 at +21 percent. www.marketingandtechnology.com/ repository/webstories/webst51486.png

Processed meat: bacon, packaged lunch meat drive growth Strong bacon and packaged lunch meat sales drove June gains for total processed meat. Bacon sales increased 1.7 percent over June 2021 and packaged lunch meat increased 1.2 percent. The other areas are down versus 2020, but up when compared to the pre-pandemic 2019 baseline. www.marketingandtechnology.com/ repository/webstories/webst51487.png

Grinds: growth for ground chicken, plant-based meat alternatives Two grinds — ground chicken and ground plant-based meat alternatives — managed to grow sales versus the 2020 sales peaks, at +6.7 percent and +5.3 percent, respectively. Ground beef was the No. 2 meat item in terms of absolute dollar growth during the first half of 2021 when compared to the 2019 pre-pandemic normal. Demand remains strong, generating $868 million in the four June weeks, up 12.9 percent versus 2019. www.marketingandtechnology.com/ AUGUST 2021

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repository/webstories/webst51489.png

Plant-based meat alternatives After a strong 2020, meat alternative sales have slowed to single digits year-onyear for the first half of 2021. In June, dollars dipped below year ago levels for the first time since the start of the pandemic. www.marketingandtechnology.com/ repository/webstories/webst51490.png (Source: IRI, Integrated Fresh, Total US, MULO, % change vs. YA) June volume sales too have slowed to below year-ago levels, at -0.9 percent. Yearto-date sales, however, remained in the positive, up 4.8 percent versus 2020. Demand also remains strong compared with 2019. www.marketingandtechnology.com/ repository/webstories/webst51491.png

What’s next? June brought continued normalization of grocery shopping patterns. The share of

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the consumers who are ‘“ex tremely ” concerned about the COVID-19 pandemic dropped to 22 percent of the population. That is the lowest level since IRI started to track consumer concern among primary grocery shoppers as of mid-March 2020. The share spiked as high as 67 percent of the population by the end of March 2020. This lesser concern has resulted in consumers feeling more relaxed while shopping for groceries in-store, spending a little more time and being more open to search for new items and meal ideas. Patterns are, however, not all the way back to normal. Americans are still cooking more at home, at 80 percent of all meals, which explains the continued high demand for foods and beverages when compared to the pre-pandemic normal of 2019. Likewise, people are spending more time in store than they did in most of 2020, but the average is still down by four minutes versus pre-pandemic. Consumers are re-engaging more and more with restaurants. As of June, 81 percent of Americans have purchased restaurant food, often a combination of in-restaurant dining (46 percent), outdoor restaurant dining (17 percent), takeout (50 percent) or delivery 20 percent). At least some of the increases in on-premise dining are replacing food delivery or pickup that became popular in 2020. Consumers are expecting back-toschool spending to be big this year, with 43 percent expecting they will spend more this year than they did last year in addition to 47 percent believing they will spend continued on page 43 >>


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Pediatrician Outreach Extends Beef in the Early Years Content

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he American Academy of Pediatrics, the Women Infants and Children’s Program and now for the first time ever, the Dietary Guidelines for Americans recommend introducing solid foods, like beef, to infants and toddlers, in order to pack in every bite with protein, iron, zinc and choline. Yet, many physicians lack awareness of the latest science, and many parents still need practical tips for how to introduce beef safely and nutritiously into their young child’s diet. “Parents rely on their pediatricians for nutrition guidance for infants and toddlers,” says Executive Director of Nutrition Science, Health & Wellness at the National Cattlemen’s Beef Association, Shalene McNeill, PhD, RDN. “When we provide health professionals with science-based information about beef as an early complementary food, physicians then share that information with parents.” Beef in the Early Years is a campaign that is focused on educating physicians and other health professionals on the importance of feeding beef to babies as an early complementary food and providing them with tools to support parents with the introduction of beef. With support from the Federation of State Beef Councils and the New Mexico Beef Council, the National Cattlemen’s Beef Association (NCBA), a contractor to the Beef Checkoff, is providing an educational toolkit and parent resources to a nationwide (including New Mexico) network of pediatrician offices and childbirth centers. The toolkits include the Beef in the Early Years research brief, detailing beef as an important complementary first food, and a new consumer brochure that highlights the beneficial role of beef’s nutrients during the early years. These toolkits also offer simple infant and toddler feeding tips, providing practical takeaways for parents and caregivers. The toolkits will be delivered to over 2,300 pediatrician offices and childbirth centers in more than 20 states across the country. To develop deeper relationships within the network of health professionals, participating offices will receive follow-up communications offering future educational opportunities from the Beef Checkoff. Following the effort, results, including estimated traffic and impressions along with market coverage, will help evaluate the program’s reach and success. An independent

audit of participating locations will also collect information about the usefulness of materials and help evaluate whether health professionals are more likely to recommend or discuss beef with their patients. To further extend educational information to health professionals, an advertorial entitled “Make Every Bite Count with Nutrient-Dense Foods” will also be placed in leading physician magazines, including the American Academy of Pediatrics and the American Academy of Family Physicians. For more information about Beef in the Early Years, visit www.beefitswhatsfor dinner.com/nutrition/beef-in-the-early-years. If you would like to share the latest science and best practices on feeding beef in the early years with a health professional you know, visit the Beef Nutrition Education Hub at beefnutritioneducation.org

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Program Fills Chefs’ Desires for Continuing Beef Education

Food Trends and Their Impact on Beef

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he Beef Checkoff, promoted beef to chefs through a partnership with Chef’s Roll, a peer-to-peer network for working professional cooks, chefs and foodservice decision makers. In May, beef took center stage on Chef’s Roll’s new social sharing platform, “Ask the Butcher,” where a different cut of beef was featured in recipes each week and shared with social media followers. Subscribers also had the opportunity to ask Bridget Wasser, NCBA’s senior executive director of product quality and education, questions about the different cuts, recipes to use them in, and beef in general. “While chefs are extremely educated about food, and meat, they always want to learn more,” says Wasser. “This was a great way for us to connect with chefs and explain how to utilize beef in different recipes, and we found the audience really enjoyed that.” The unique program provided an opportunity to directly engage with foodservice professionals. The Chef’s Roll platform allowed Wasser to interact with chefs and culinary students who were interested in learning how to showcase each cut in their restaurants and for larger consumer audiences. Wasser’s detailed description of the various cuts and explanation of carcass fabrication allowed the audience to imagine new ways to feature beef on their menus and promote dishes to customers. Following the presentation, participants requested cooking tips and methods for specific cuts, inquired about the anatomy location and differences of cuts and wanted to know where to find featured cuts. Videos featuring ribeye filet, ribeye cap, strip steak and outside skirt steak were viewed on Facebook, Instagram and the Chef’s Roll community. Overall, the month-long promotion reached more than 765,370 and resulted in 16,503 total engagements.

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s you are aware, the Cattlemen’s Beef Board (CBB) does ongoing research on trends that affect beef including environmental sustainability, nutrition, health and on plant-based diets and alternative meat products. Monitoring these trends allow us to capitalize on new food crazes and determine if a development in the food chain will affect our product. This infographic is a quick snap shot of the trends we are following.

For more information about your beef checkoff investment visit MyBeefCheckoff.com 2021-2022 DIRECTORS – CHAIRPERSON, Zita Lopez (Feeder); VICE-CHAIRPERSON, Cole Gardner (Producer); SECRETARY, Marjorie Lantana (Producer). NMBC DIRECTORS: John Heckendorn (Purebred Producer); Jim Hill (Feeder); Dan Bell (Producer); Kimberly Stone (Producer); Joel Van Dam (Dairy Representative)

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about the same. Of parents shopping for back-to-school items, 43 percent believe they will do most or all in-store and 42 percent expect they will spend equally in-store and online. That provides grocery retailers with an important opportunity to draw people to the store as they prepare for the upcoming school year. The number of in-store grocery trips as a share of total trips continued to hold steady in June, at 85 percent. The 15 percent of trips that happened online include 9 percent for in-store or curbside pickup and 6 percent for home delivery. The meat department has continued opportunity to close the gap between center-store and perimeter items in months to come. The next performance report in the IRI, 210 Analytics and Marriner Marketing series will be released mid-July to cover the June sales trends. Please thank the entire meat and poultry industry, from farm to store, for all they do.

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You Don’t Have to Sell the Farm How Effective Estate Planning Ensures the Future of Agriculture by Katherine E. Merck Budd-Falen Law Offices, LLC [i]

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he American dream to create a better life for our children than the one we had is worth protecting. For many Americans, years of hard work on the family farm or ranch go into building that dream, only to be diminished due to a lack of effective estate planning. Generational transfers of farms and ranches don’t just pass a livelihood down, they preserve the Western way of life, the value of hard work, and the land that we love for generations to come. Unfortunately, it is easy to overlook the value of a well thought-out, comprehensive estate plan. This oversight or lack of planning can end a multi-generational legacy and lead to subdivisions and development in the place of productive land. Although many of us don’t want to think about a world after we are gone, an estate plan can assure that your heirs won’t have to sell the farm simply to stay above water and that your children and grandchildren can continue your family’s legacy. While many similarities exist between a generational transfer of a family business and the passing down of a farm, agriculture presents a unique set of circumstances and challenges. One of the first and most important questions to ask before drafting an estate plan with an attorney is, “Who gets what?” As simple as that question sounds, it is more complicated when it comes to agriculture. Do all of your children want to continue to work the land or only one of them? What happens if one child wants to buy the others out – is that a possibility or will it result in having to sell off land? Family dynamics are a challenging yet imperative aspect when considering estate planning. Having clear goals will allow you to effectively communicate those goals to your attorney and ensure that your estate plan is drafted in a way that implements your objectives. Once you have determined your succession goals, you should be clear about those goals with your potential heirs.

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While it may be a delicate and potentially your wishes are honored. Unfortunately, difficult conversation, explaining your rea- without an estate plan, your “wishes” may soning and your goals both verbally and in not be legally enforceable. Before your estate plan can be memoria written letter in addition to your estate planning documents helps avoid family alized in writing and legally enforceable, conflict after your death. there are some other important tasks. First, Besides ensuring that your legacy con- assets and land must be appropriately titled tinues after you are gone, effective estate to be passed down through a will or trust. planning can maximize tax savings and Joint bank accounts, for example, may frusminimize family drama. Dying “intestate” trate the intent of an estate document simply means that you passed away without because bank ownership generally controls. a will, in which case state law determines If there are mineral rights included in your the distribution of your assets. This process estate plan, those need to be properly titled requires the involvement of the courts and and addressed. While preparing an estate dictates who will serve as the executor of plan may seem daunting, an attorney that your estate, a role that requires paying off specializes in agricultural estate planning your debts and distributing your personal can help you address all aspects of your assets. By creating an estate plan, you can generational transfer. ensure that this important job will be done Last wishes ranging from the distribuby someone who is not only willing to take tion of farm land and assets to the on the duties of the role, but will ensure that distribution of your personal effects and family heirlooms should all be included in a legally-binding estate plan in order to minimize potential family conflict. A contested estate not only tears apart a family, it can devastate them financially with higher taxes and attorney’s fees. Spending the time and money to create an estate plan now will save your family time and money and prevent quarrels, and it may just save the farm.

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Pete V. Domenici, Jr., Esq. 320 Gold Avenue SW – Suite 1000 Albuquerque, NM 87102 505/883-6250 • 505/884-3424 Fax www.DomeniciLaw.com

Katherine E. Merck is an Associate Attorney with Budd-Falen Law Offices, LLC with a primary focus on property rights, estate planning, environmental, and natural resources law. Budd-Falen Law Offices, LLC, has attorneys licensed to practice law in Colorado, Idaho, Illinois, Montana, Nebraska, New Mexico, North Dakota, South Dakota, Texas, and Wyoming. This article should not be understood to state or imply that any lawyers of this law firm are certified as specialists in a particular field of law. Colorado does not certify lawyers as specialists in any field. The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. This article is informational and is not legal advice. Use of this article or contact with this law firm does not create an attorney-client relationship.


US Supreme Court Sides with Agricultural Employers in Takings Case by Tiffany.Dowell Texas Agri-Life Texas Agriculture Blog

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he United States Supreme Court has issued an opinion in Cedar Point Nursery v. Hassid, a case involving a California law requiring agricultural employers to allow union organizers to enter the employer’s property. The employers claimed this was a taking of private property without just compensation, and the US Supreme Court agreed. [Read Opinion at https://www.supremecourt.gov/opinions/20pdf/20-107_ihdj.pdf ]

Background California law gives agricultural employees the right to self-organization and prohibits employers from interfering with that right. The California Agricultural Labor Relations Board (CALRB) passed a regulation that requires labor organizations to have the right to access an agricultural employer’s property to meet and talk with employees and to seek their support for unionization. Under this regulation, agricultural employers must allow union organizers access to their property for up to three hours per day, 120 days per year. In order to have access, a labor organization must file a written notice with the CALRB and provide a copy to the employer. Organizers may enter the property for up to one hour before work, one hour after work and one hour during the lunch break. An employer who interferes with this right of access may be guilty of an unfair labor practice, resulting in sanctions. Cedar Point Nursery grows strawberries in Northern California. It employs over 400 seasonal workers and 100 full time workers. The workers do not live on the property. In October 2015, members of the United Farm Workers (UFW) entered Cedar Point’s property at 5 a.m., disturbing operations and causing some workers to join a protest, and others to leave the worksite all together. Cedar Point filed suit against UFW for taking access without giving the required notice. UFW counterclaimed that Cedar point committed an unfair labor practice. Fowler Packing Company grows and

ships grapes and citrus fruits. It has 1,8002,500 employees in its field operations and 500 in its packing facility. None of the workers live on the premises. In July 2015, UFW attempted to take access to Fowler’s property, but the company blocked entrance. UFW filed an unfair labor practice charge against Fowler, which was later withdrawn.

Litigation Because Cedar Point and Fowler believed UFW would likely attempt to enter their property again, they filed suit against several members of the CALRB in their official capacity. The growers claimed that the access regulation was unconstitutional as it was a per se physical taking of their property without just compensation. They requested declaratory and injunctive relief preventing the CALRB from enforcing the regulation against them. The trial court denied the motion for injunction and granted the CALRB’s motion to dismiss. The court found the regulation did not constitute a per se physical taking because it did not allow the public permanent and continuous access to the property. Instead, the court believed, this claim would fall under the Penn Central balancing test

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analysis of a taking, which the growers had not pled or attempted to satisfy. The growers appealed, and the US Court of Appeals for the Ninth Circuit affirmed. The court looked at the three categories of regulatory takings law: (1) regulations imposing permanent physical invasions; (2) regulations depriving an owner of all economically beneficial use of the property; and (3) the remaining regulatory actions analyzed pursuant to Penn Central. The Ninth Circuit found the access regulation here did not fall within the first two per se takings categories, and agreed with the trial court it should be analyzed under the Penn Central test. In a dissenting opinion, Judge Leavy viewed the access regulation as a physical occupation, even though it was not allowed to occur 24 hours a day, 365 days per year. Thus, he would have ruled in favor of the growers. The Ninth Circuit denied rehearing en banc, but Judge Ikuta, joined by seven other judges, issued a dissent. She reasoned that because the regulation essentially granted a traditional property right (an easement in gross) to the union members, it was a per se physical taking. The growers’ Petition for Certiorari to the United States Supreme Court was granted.

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Majority Opinion Chief Justice Roberts issued the opinion of the Court, in which Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett joined. Overview of Takings Case Law Chief Justice Roberts began with an overview of the US Supreme Court’s takings jurisprudence, outlining the two main categories of cases. First, cases may fall into the physical takings context. “When the government physically acquires private property for a public use, the Takings Clause imposes a clear and categorial obligation to provide the owner with just compensation.” Physical takings can occur when property is seized by eminent domain, when the gov-

ernment takes property without acquiring title, or when the government physically occupies property. These types of physical takings cases “are the clearest sort of taking” and are assessed “using a simple, per se rule: The government must pay for what it takes.” Second, when the government imposes regulations that restrict an owner’s ability to use his own property, that falls into a separate category of analysis. To determine whether a use restriction effects a taking, the Court applies the Penn Central balancing test, which looks at factors including the economic impact of the regulation, its interference with reasonable investment-backed expectations, and the character of the government action.

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The key distinction between these two categories of takings is “whether the government has physically taken property for itself or someone else–by whatever means– or has instead restricted a property owner’s ability to use his own property.” Analysis of Access Law The majority held “the access regulation appropriates a right to invade the growers’ property and therefore constitutes a per se physical taking.” Rather than restraining the growers’ use of their property, the regulation appropriates the owners right to exclude for the enjoyment of third parties. This right to exclude is a cornerstone of private property rights. The right to exclude falls within the interests the government cannot take without paying just compensation. Here, the regulation allows the union organizers to physically invade the growers’ properties, thereby resulting in a per se physical taking for which just compensation is required. Discussion of Continuous and Permanent Access Next, the Chief Justice addressed a concern raised by both the Ninth Circuit and Justice Breyer’s dissenting opinion: The regulation does not allow permanent and continuous access 24 hours a day, 365 days per year. Both the Ninth Circuit and the dissent conclude a per se taking cannot occur if it allows access short of 365 days per year. Chief Justice Roberts responded, “that position is insupportable as a matter of precedent and common sense. There is no reason the law should analyze an abrogation of the right to exclude in one manner if it extends for 365 days, but in an entirely different manner if it lasts for 364.” Prior case law recognized both temporary and permanent physical takings. The duration or size of the appropriation bears only on the amount of compensation, as was seen in Loretto, a case involving a small cable box. Further, takings may be intermittent rather than continuous. For example the Court cited to Causby, a case involving overflights of private property occurring only during 4 percent of takeoffs and 7 percent of landings at the airport. “The fact that a right to take access is exercised only from time to time does not make it any less a physical taking.” Discussion of Easement Creation The CALRB and dissent both argue that the regulation did not grant a true easement in gross because there was no right that could be transferred or recorded and did not meet the definition of an easement under state property law. The majority


rejected this argument, finding that the CALRB cannot avoid takings liability by merely mismatching the regulation from state easement law. Again, it is the fact that the growers’ right to exclude is curtailed that results in the taking, the fact that there was no formal condemnation of an easement does not change that. “Because the government appropriated a right to invade, compensation was due.” Distinction of PruneYard Opinion Next, the Opinion turned to the Supreme Court decision in PruneYard Shopping Center v. Robins, where the Court applied Penn Central to a regulation allowing people to engage in leafletting at a privately-owned shopping center. The CALRB and the dissent argue that this case shows that limiting rights to private property should be analyzed under Penn Central rather than a per se taking. The majority disagreed, drawing the distinction that the shopping center in PruneYard was open to the public, while the growers’ properties were not. Discussion of Appropriation versus Regulation The dissent argues that the law does not actually appropriate anything, but merely regulates the owners’ right to exclude. Because of this, the dissent believes, it should be analyzed under the Penn Central balancing test. The majority disagrees. “We cannot agree that the right to exclude is an empty formality, subject to modification at the government’s pleasure. On the contrary, it is a fundamental element of the property right that cannot be balanced away.” Discussion of Potential Broader Impact Both the CALRB and the dissent warn that treating the access regulation as a per se taking will endanger a number of state and federal regulations allowing government entry onto private property. The majority believes this fear is unfounded for three reasons. First, this holding does not change the distinction between trespass and takings. “Isolated physical invasions, not undertaken pursuant to a granted right of access, are properly assessed as individual torts rather than appropriations of property.” Second, many government-authorized physical invasions do not constitute a taking because they are consistent with “longstanding background restrictions on property rights.” For example, it is not a taking for the government to require a landowner to abate a nuisance, because he had no right to engage in a nuisance in the first place. Similarly, a taking would not occur if entrance were allowed for public or private

necessity or to effect an arrest or enforce criminal law under certain circumstances. Third, a taking would not occur if the government required property owners to concede a right of access as a condition of obtaining a certain benefit. Thus, government health and safety inspection regimes would generally not constitute a taking. If the government conditions a grant of a permit, license, or regulation on allowing access for reasonable health and safety inspections, a taking likely would not occur. In summary, “None of these considerations undermine our determination that the access regulation here gives rise to a per se physical taking. Unlike a mere trespass, the regulation grants a formal entitlement to physically invade the growers’ land. Unlike a law enforcement search, no traditional background principle of property law requires the growers to admit union organizers onto their premises. And unlike standard health and safety inspections, the access regulation is not germane to any benefit provided to agricultural employers or any risk posed to the public. The access regulation amounts to a simple appropriation of private property.” Conclusion Thus, the access regulation constitutes

a per se physical taking. The Court reversed the Ninth Circuit opinion and remanded for further proceedings. Kavanaugh Concurrence Justice Kavanaugh wrote separately to explain why he believes the Court’s opinion in NLRB v. Babcock & Wilcox also further supports the majority opinion. In particular, Justice Kavanaugh explains that case held that union organizers could access property only when it was “needed,” meaning when the employees live on company property and the organizers have no other way to communicate with employees. Because there was no such “need” here, the access regulation constituted a taking. Dissenting Opinion Justice Breyer wrote a dissent, which was joined by Justices Sotomayor and Kagan. The dissent’s focus is on the question of how this takings claim should be analyzed– as a per se physical taking or as a Penn Central regulatory taking. If the former, there is no need to look further and compensation must be paid. If the later, “there is every need to look further” and payment is required only if the regulation “goes too far.” Justice Breyer believes the access regulation is not a per se taking and should be analyzed under Penn Central.

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First, Justice Breyer states that the access regulation does not appropriate anything, but merely regulates the growers’ right to exclude. The access granted is not any traditional property interest in land as it does not grant the union organizers any traditional property interest in the estate such as fee simple or an easement. Second, he explains that prior cases distinguish between regulations that provide a permanent right of access (per se takings) and those that provide nonpermanent rights of access (Penn Central). Here, he reasons, the access regulation is not permanent. There is no fixed structure, the growers are not forever denied the power to control the use of their property, and it does not allow permanent access to the union organizers. This case, the dissent believes, is more akin to PruneYard, as that involved a regulation allowing people to access private property to speak to others subject to reasonable time, place, and manner restrictions. The majority points out the distinction between a shopping center opened to the public and agricultural operations that are not, but the dissent says those are things for a balancing test to consider. Third, he addresses the number of ordinary regulations that permit entry onto a person’s property. These include food product examination to preschool license requirement inspections, and a host of other examples included in the dissenting opinion. The dissent believes that the majority’s attempt to address this by

creating three exceptions to the takings rule–isolated physical takings are private torts, government access consistent with longstanding background restrictions are not a taking, and entry conditioned on a benefit is not a taking–will only result in more complexity and confusion. The dissent criticizes each exception, pointing out unanswered questions. For example, what constitutes “isolated?” Once a week? Once a month? Where is the line between taking and trespass? Lastly, the dissent points out that the takings clause prohibits the government from taking private property without just compensation. Here, the growers did not seek compensation–indeed, they did not allege any damages–but instead, sought injunctive relief. Justice Breyer notes that on remand, California should have the ability to avoid injunctive relief by providing compensation. Key Takeaways First, this case illustrates the importance of categorizing any takings claim as either a per se physical taking or a Penn Central taking. That is really what this entire fight is over. The reason it is so important is that it is much easier for a plaintiff to prevail on a case if it can convince the court it is as per se taking. Here, both the majority and dissenting opinions said as much. If it is a physical invasion, compensation is owed, period. If it is not and the Penn Central balancing test comes into play, things are much more complicated for a plaintiff. To hear more about regulatory takings law,

check out this prior podcast episode at https://aglaw.libsyn.com/episode-26-jes se-richardson-regulatory-takings I did with Jesse Richardson. Second, it will be really interesting to see the result of this opinion on other access regulations. Certainly the majority tried to ensure the holding was limited by listing the three exceptions, but as the dissent pointed out, none of those exceptions are perfectly clear, bright-line rules. Will this result in a flood of additional litigation that will require lower courts to flesh out what the limits of this case will be? I think that may be likely. Third, as the dissent points out, the remedy on remand is a really interesting issue here. The fact that the regulation is a taking does not mean that it is illegal and must be stricken, it means that if that access is going to be granted, just compensation must be paid. Here, the plaintiffs sought an injunction preventing the regulation from being enforced. Will California seek to continue allowing access and come up with a mechanism for paying compensation? If so, how would the compensation owed be calculated? Who would have the burden of proving just compensation? Would the CALRB or the union organizers pay the cost? Lots of interesting questions to be answered there. Finally, this case certainly does stand for the proposition that the loss of the right to exclude someone from one’s property, even if not seven days a week, 365 days a year, is a fundamental property right falling under the per se line of cases are requiring just compensation be made.

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Marlin on October 22, 1945, in Broken Bow, and was raised by his grandparents, Christian and Cora Madsen, in Mason City. He graduated from Mason City High School and then Kearney State College with his B.A. in education. Ben taught for a while and then became June 3, 1940 – July 9, 2021 a pharmaceutical sales representative for aVerne Marie “Skip” O’Byrne was born various veterinarian companies in Nebraska, on June 3, 1940 in Raton, New Mexico South Dakota and California. After retiring, to Vincent and Theresa (Gayet) Vukon- he moved to Glenwood and became a big ich, the eldest of two daughters. She spent game guide and outfitter for 25 years. He her entire childhood in Raton and gradu- loved the outdoors and enjoyed making ated from Raton High School in 1958. On furniture for his children and customers. March 27, 1959 she married John F. O’Byrne Ben was a great dad and grandpa. and they spent the next 63 years raising a Ben is survived by his children, Melissa family and making memories. They started (Tim) Brouillette, North Platte; Mindy their family in Raton with the birth of their (Nathan) Marlin-Eichelberger, Cape Coral; daughter Jody followed by John Pat, the Florida, and Jake (Kathleen) Marlin, Omaha; first of four sons. The family moved to Jack- 11 grandchildren, a great-granddaughter, sonville, Texas where the O’Byrne family and brothers, Bo (Ann) Marlin; Millbrook, owned and operated a sawmill. There Skip Alabama; and Jim (Martha) Sanford, Crockand John would spend several years and ett, California; sisters, Lee (Jim) Schneider, welcomed James (Crowbar), Joel (Booster) Bellevue; and Kathy (Doug) Whatley, Folsom, and Josh. In 1968 the O’Byrne clan loaded California; cousins, Dick (Linda) Madsen and up and relocated to Silver City, New Mexico. Jim (Mary) Madsen, Litchfield; his signifiAfter five years they again relocated to cant other, Evelyn Kluth, Glenwood; and Animas, New Mexico where Skip and John many other family members. raised their family. Skip went to work at Animas Public Schools in 1973 and spent the next 36 years as the “Go To” person working as the high school secretary, the ultimate Ms. AHS. August 14, 1939 – June 22, 2021 During this time Skip also drove a school bus on several different routes. Never was ois Ann Mackey Stansell went home to be with the Lord on Tuesday, June 22, there a student that walked into the high school office, or loaded up on her bus, that 2021, after a hard-fought battle with Skip did not make feel welcome. If you were cancer. Lois was a strong and courageous a student at AHS you were one of Skip’s kids. woman, who loved the Lord, her family, She loved AHS and up to a week before her friends, and her community. Lois Mackey Stansell was born on August passing she would ask, “When does school start? How many kids do we have in school? 14, 1939, in Bloomfield, Nebraska, to Oscar Do we have any new teachers?” and Ruth Nelson. She was one of 10 chilSkip passed peacefully on July 19, 2021 dren. Her father Oscar passed away in 1945 at home surrounded by her family. She is and in 1947 Ruth and the kids moved to survived by her husband John, Animas; her Falfa, Colorado. Lois attended the Orr sister Bev (Ernie) Johnson, Raton; daughter School in Falfa, through the 8th grade and Jody Hatch (Johnny), Animas; sons John Pat then attended Durango High School. (Kim), Las Cruces; James, Animas; Joel On September 22nd, 1956, she married (Melodie), Animas; and Josh (Paige), Eastend, her Cowboy, Nelson (Pinkie) Mackey. When Saskatchewan; along with 10 grandchildren they first married, they lived on the road and 14 great-grandchildren. Skip will be while Pinkie worked road construction. dearly missed by all who knew and loved her. They settled down and ranched on Middle Mesa, New Mexico, on the Mackey Ranch. Lois and Pinkie were blessed with four children. Lois loved living on the ranch and October 22, 1945 – May 13, 2021 working with the cattle and horses the ary Earl “Ben” Marlin, 75, formerly of family raised. She took on calving heifers Glenwood, New Mexico, passed away and any other ranch work with much dediin North Platte, Nebraska, on May 13, 2021. Ben was born to Chester and Connie

Skip O’Byrne

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Lois Ann Mackey Stansell

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Ben Martin

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‘Kinda rough dogs.’ he thought. Soon she found one advertised in the Albia paper; a two-year-old male lookin’ for a home. R.C. was suspicious. Takin’ on a dog that old was risky. Bad habits would be developed, old loyalties estabby Baxter Black, lished. One just never knew. “Well, it BaxterBlack.com wouldn’t hurt to look,” Doris chided him. Finally, three weeks later R.C. went by to look at the dog. As Doris was introducing themselves to the lady of the house, the two-year-old blue merle walked right up to R.C. and looked at him. They .C. is an animal lover. Maybe not the exchanged studious looks – something kind of animal lover that the term unspoken passed between them. R.C. has come to mean in this era, but picked the dog up under his arm and the kind that requires a greater took him to the truck. He just knew. The commitment. way some people know when a guitar He would tell you he’s a farmer. But string is in tune or a steak is cooked just he’s a horseman and trainer, cattleman, right. R.C. knew the dog would be fine. hog producer, corn grower and And, I think the dog must have come to great-grandfather. He’s also a dog man, the same conclusion because they with the patience and persistence to became constant outdoor companions. deserve a good stock dog. He named him Bud. R.C. has had a wide variety of dogs in Two months after Bud had moved in his life. One day he asked his wife, Doris with them, R.C. was out feeding. He slung to keep an eye out for a Blue Heeler. They a bushel basket of ear corn over his shoulappealed to him but he’d never had one. der and walked into the pigpen. Bud was THE EDGE OF COMMON SENSE

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dawdling by the gate. Sixteen sows came squealing from the corner as R.C. approached. His foot hit something. He slipped, went down on his back, cracked his head on a rock, and was knocked unconscious. His last memory as he fell was a three-ton wall of hungry sows charging. He woke to find himself looking skyward in the pigpen with sticky blood on his face, in his hair and on his shirt. Bud had worn a circle around his sprawled out body. Just a few feet away the sows waited, watching, a dark look in their eyes. Several ears of corn still lay by his head. Bud stood guard. Another true dog story like we hear so often. If R.C. had not been an animal lover, would it have had a different ending? But from their first meeting, dog and man somehow sensed that they would be there for each other. I can’t explain how it works, it’s beyond me. But it wasn’t beyond Bud . . . he just knew.

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Gunfight Near Tucumcari

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ome historians of America’s frontier west in the years of great expansion following the Civil War in 1865, argue about when the “Wild West” closed. Some assert that it ended when barbed wire was introduced to the open ranges and effectively prevented the free movement of men and cattle. Others argue that the arrival of railroads obviated the need for cattle drives, and thus ended the era. Still others argue that the untamed west continued until the turn of the century in 1901; the following news item from the Alamogordo News, dated June 28, 1902, seems to argue against that position. Fierce Battle Near Tucumcari “The story flashed over the wires Friday night of the battle near Tucumcari in which Bud Lee killed five of eight cow-punchers who were laying for him in ambush has been partly confirmed by later reports from the thinly settled district near the staked plains. The Amarillo Champion is a new publication on the border gives the following version of the battle. “About four weeks ago when we wrote up the Tucumcari killings, we stated that we expected to publish news from Tucumcari that would that would put that affair in the shade. One day last week, Sam Gholson, now located about twenty miles from Tucumcari, but formerly of Lubbock County, became aware that he was being stalked by a band of men who had left their horses in a canyon and hid themselves at a water hole where Mr. Gholson was going to pull out some snagged cattle. Mr. Gholson called to one of his men named Bud Lee who took a winchester [sic] and rode between the would-be assassins and their horses and Mr. Gholson got to the top of a hill six or seven hundred yard away from the water hole and with a long-range rifle he commenced to pump lead into the men who were in plain sight. Mr. Gholson is a splendid shot and so he killed five of the men outright and wounded five of the others, two of which have died since the battle, so the Champion is informed. The battle raged for nearly two

hours before the wounded men surren- shanghaied Gholson, the latter took great dered…. Two wounded men have been taken umbrage, and swore vengeance after the to jail and the dead men buried. Neither Lee war. Soon after he returned to Kaufman less or Gholson were wounded but Lee had a close than two years later, he killed the two call as the horn was shot off his saddle as he recruiters, and made known his enmity for rode to cut the men off from their horses. The John Spikes. battle is a continuation of a feud of three The Gholson and Spikes ranches were in months ago when two men were killed in close proximity, but an uneasy truce seems eastern New Mexico. We hope to give further to have kept the peace between the two particulars next week. It is claimed that this men for something more than a decade. battle virtually wipes out an organized band About 1880, Sam moved his ranching operof cattle rustlers whose depredations ation west to Crosby County, near Lubbock, extended throughout the whole of eastern Texas. For some reason, not known to many, New Mexico and southern Colorado.” soon after that, John Spikes moved his Protracted efforts to find any follow-up ranching operation to the same county. In to this stirring tale have been consistently 1893, the Spikes clan moved on to New unsuccessful. Even so, quite a bit is known Mexico at a spot south of Tucumcari, near about Sam Gholson (c. 1840-1926), and the Redondo Mesa. This time Sam followed and so-called Spikes-Gholson feud. took up ranching, also near the Briefly, it started late in the Civil War era, same landmark. in east Texas, in the town of Kaufman, when Two other factors entered the picture: Sam was impressed into the service of the the huge Texas ranch, the XIT, grazed cattle Texas Confederate Army, very much against immediately east of the New Mexico terrihis will. He was not even allowed to deliver torial line; and an outlaw gang, called the supplies to his ranch before he was shipped Mesa Hawks, led by Henry Hawkins operoff to Houston. The “recruiting squad” that ated in the area and preyed upon just about enlisted Sam against his wishes was under everyone in all manner of thievery. the command of one John Wesley Spikes. Sam developed the notion that his cattle, While there is little to show that Spikes, per- and those belonging to his XIT neighbors, sonally, even knew that his men had were being stolen on a regular basis, and

animal ANIMAL & & range RANGE sS CC iI eE nN CC eE sS The TheDepartment DepartmentofofAnimal Animal&&Range RangeSciences Sciencesisispart partofofthe the College of Agricultural, Consumer & Environmental College of Agricultural, Consumer & EnvironmentalSciences Sciences

Four on-campus animal facilities house: beeF CaTTle/horses/swine/sheep Students can major in Animal or Rangeland Resources and are provided with the very best of “hands on” academic instruction by our faculty. Fully equipped labs allow students access to cutting-edge research in: LIVESTOCK NUTRITION / GENETICS / PHYSIOLOGY / ENDOCRINOLOGY / MEAT SCIENCE / WOOL / TOXICOLOGY / WATERSHED & RANGELAND ECOLOGY / WEED & BRUSH CONTROL / PLANT SYSTEMATICS / GRAZING MANAGEMENT

The Department also offers pre-veterinary studies – our graduates have a high acceptance rate into veterinary medicine programs. We offer graduate degrees at the Master of Science and Doctor of Philosophy levels. The M.S. or Ph.D. in Animal Science can emphasize nutrition or physiology, and offers a Ph.D. in Range Science to study range management, range ecology and watershed management.

THE DEPARTMENT ALSO OPERATES

NEW MEXICO’S OLD TIMES & OLD TIMERS

• The Chihuahuan Desert Rangeland Research Center (The College Ranch) – 64,000 acre ranch just outside of Las Cruces • The Corona Range & Livestock Research Center – 28,000 acre ranch & facilities in Corona, NM • Student organizations, including a Block & Bridle Club, Pre-Vet Club, Range Club, Horsemen’s Association, Therapeutic Riding Club, & Judging Teams • Clayton Research Center hosts research on shipping protocols, particularly evaluating the health and performance of newly received cattle, and nutrition and management from feedlot to slaughter

Dr. John Campbell hallford––575-646-6180 575-646-2515 Dr. Shanna Ivey––575/646-6180 575-646-2515 /• Dr. Dr. Dennis John Campbell http://aces.nmsu.edu/academics/anrs/ http://aces.nmsu.edu/academics/anrs

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he blamed, not the well-known gang of thieves in residence nearby, but the Spikes brothers. In January 1902, Sam organized a posse of former Texas lawmen and other cowboys and gunmen, about fifteen strong, and they made war on the Spikes clan, and ultimately ambushed three of them, and killed two. Sam asserted that he was simply killing rustlers, but a couple of points should be made: first, he, and his posse, had no authority to act in the Territory of New Mexico, and second, there seems to have been no proof that the Spikes family had done the rustling. When neighbors rounded up the Spikes herd following the ambush, they found not one head that was improperly branded. No matter. There was effectively no local law in the area at the time: Quay County was not created until the following year. No one was prosecuted in the matter. While the gang is not named in the news item above, it seems likely that the latter shooting affray was Sam’s way of taking care of the Mesa Hawks. It is a fact, that almost nothing is known of Henry Hawkins and his bunch, and that may be so because Sam Gholson just about wiped them out in June 1902.

Biden’s 30x30 Land Grab by Bonner Cohen, Ph. D. / CFACT

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little-noticed provision buried deep in President Biden’s January 27 executive order (EO), “Tackling the Climate Crisis at Home and Abroad, Create Jobs, and Restore Scientific Integrity Across the Federal Government,” has emerged as one of the gravest threats facing ordinary Americans, at a time when such threats are legion. The EO’s Sec. 219 sets the goal of “protecting” at least 30 percent of the nation’s land and water by 2030. Under “protection” means putting this land and water (mostly land) off limits to any productive use in perpetuity. To accomplish this goal, the federal government will have to buy up – through eminent domain or other pressures on landowners making them “willing sellers” of their property – millions of acres of private land.

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Adding to the Federal Estate In other words, to save the planet from what the Biden White House and the ruling class assures us is a “climate crisis,” we need to have the government gobble up more land and have it managed by bureaucrats in Washington. The federal government already owns about 27 percent (640 million acres) of the nation’s land, with the bulk administered by the Bureau of Land Management (BLM) and most of the rest taken up by the National Forest Service, National Park Service, and an assortment of wildlife refuges and military bases. A short-sighted Congress – when was it never short-sighted? – replenished the Land and Water Conservation Fund in 2020, giving the feds an annual supply of cash with which it can socialize more private land. And in February, the Biden White House struck down a Trump-era rule giving local governments a say in federal land acquisitions within their jurisdictions. Alarmed by what promises to be the biggest land grab in American history, governors from 15 states questioned whether the Biden administration has the legal authority for its 30 by 30 plan. “[We] are not aware of any statutory or constitutional authority for the President, the U.S. Department of Interior, the U.S. Department of Agriculture, or any other federal agency to set aside 30 percent of all land and water in the United States,” the governors wrote in an open letter to Biden. “Nowhere in the laws of our nation is the authority delegated to the President or executive branch agencies to unilaterally change the policies governing land use in America.” The governors represent states stretching from Alaska and Idaho to Tennessee and Alabama. The governors’ open letter follows a March 16 letter to Biden by 64 members of the Congressional Western Caucus, which underscored the special situation of western states, where 90 percent of federally-owned land is located. “Western states will be disproportionately impacted by policies set in place to achieve the 30 by 30 goal, which we fear will impact revenues derived from jobs derived and jobs that depend on multiple-use public lands,” the letter states. “Our lands and our waters must remain open to activities that support our rural economies and help us achieve our agriculture, timber, recreation, energy, and mineral needs.” The reference to the threat the 30 by 30 plan poses to predominantly rural jobs is key to understanding what the White


MEMORIAM << cont from pg 49 House scheme is all about. Ultimately, 30 X 30 is about what writer Ron Arnold calls “rural cleansing.” Put enough regulatory cation and perseverance. She supported pressure on natural-resource industries so the kids in all of their endeavors including that many are forced out of business, and running the High School Rodeo team. In you will also destroy the livelihoods of the 1987, her beloved Cowboy lost his battle people who make their living in those with cancer. On November 25th, 1989, she married JR industries. Eventually, enough will leave and decamp for urban areas in search of Stansell. The couple lived in the Ignacio work. This is how rural cleansing works, and area near the airport. Lois was actively the people behind 30 by 30 know it. Depop- involved in organizing the Four Corners ulated rural areas are exactly what Cutting and Reining Horse Association, and they want. in 1992 received the Association Presidents’ And if out-and-out land acquisitions Award for outstanding service. In 1996, JR don’t do the trick, they have other tricks up and Lois moved to Boise City, Oklahoma. their sleeve. By adding a few more carefully Lois created a beautiful home, with the selected species to the Endangered Species most beautiful lawn and flowers. They reloList, land-use restrictions can be imposed cated to Las Animas, Colorado, in 2008 to on a species’ habitat that can cripple rural be closer to cutting shows that JR enjoyed economies. The Biden administration is also competing in. Again, Lois created a beautipreparing to bring back Obama’s Waters of ful home and cultivated fair award-winning the United States (WOTUS) rule that will flowers. She enjoyed embroidery for tea impose federal zoning on millions of acres towels and tops of quilts that she gifted to of private land. her children, grandchildren and great-grandchildren. She was a resourceful Ripple Effects woman who had a great passion and talent Nebraska Gov. Pete Rickets believes the for giving new life to antique furniture 30 X 30 plan will leave economic devasta- through refinishing. tion in its wake. Lois is survived by her siblings Opal “Right now, 97 percent of Nebraska is Baumgardner, Pueblo West, Colorado; Ron privately owned, and if you wanted to set aside 30 percent of this in conservation, you would drive up land prices [and] make it more difficult for young people to get into production agriculture,” the Republican governor told a Daily Signal podcast (July 23). “You would certainly drive-up food prices [and] you’d drive up property taxes.”

(Deanna) Nelson, Alberton, Montana; Carol Nelson, Durango, Colorado; and sister of the heart Kathy Kent (Richard), Ignacio, Colorado; her children James Mackey (Stacy), Sedan, New Mexico; Rebecca Barnes (Larry), Ignacio, Colorado; Jerry Mackey (Lorena). Ignacio, Colorado; and Melody Semler (Wayne), Bayfield, Colorado. She was blessed with nine grandchildren and 16 great-grandchildren.

Carl Eppers

September 16, 1952 – September 14, 2020

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arl Eppers, 67, passed away on September 14, 2020, at Hendrick Medical Center in Abilene. Carl was born on September 16, 1952 in Las Cruces, New Mexico, a son of Alice Long Eppers and the late Bud Eppers. He grew up in Roswell, where he attended school and the New Mexico Military Institute. He proudly served his country in the United States Army for eight years where he was stationed at Fort Hood, Fort Knox and in Germany and received an Honorable Discharge. Carl lived in Gail and Lubbock where he was a rancher, ranch manager and a truck driver. On June continued on page 71 >>

Author: Bonner R. Cohen, Ph. D., is a senior policy analyst with CFACT, where he focuses on natural resources, energy, property rights, and geopolitical developments. Articles by Dr. Cohen have appeared in The Wall Street Journal, Forbes, Investor’s Busines Daily, The New York Post, The Washington Examiner, The Washington Times, The Hill, The Epoch Times, The Philadelphia Inquirer, The Atlanta JournalConstitution, The Miami Herald, and dozens of other newspapers around the country. He has been interviewed on Fox News, Fox Business Network, CNN, NBC News, NPR, BBC, BBC Worldwide Television, N24 (German-language news network), and scores of radio stations in the U.S. and Canada. He has testified before the U.S. Senate Energy and Natural Resources Committee, the U.S. Senate Environment and Public Works Committee, the U.S. House Judiciary Committee, and the U.S. House Natural Resources Committee. Dr. Cohen has addressed conferences in the United States, United Kingdom, Germany, and Bangladesh. He has a B.A. from the University of Georgia and a Ph. D. – summa cum laude – from the University of Munich.

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2021 Schedule of Events * Schedule & Rules are Subject to Change *

THURSDAY, SEPTEMBER 9 9:00 am – 6:00 pm Western Dressage Horse Show

FRIDAY, SEPTEMBER 10 9:00 am Wool Show - Dairy Barn 9:00 am – 6:00 pm Arabian Horse Show 9:30 am Sheep to Shawl - Dairy Barn ** Demonstrations take place daily from 9:30am – 5:30pm 10:00 am Milking Demonstrations, Dairy Barn, New State Fair Xtreme Bulls

9:00 am – 6:00 pm Mule/Donkey Show 9:30 am Sheep to Shawl - Dairy Barn ** Demonstrations take place daily from 9:30am – 5:30pm 10:00 am Milking Demonstrations, Dairy Barn 12:00 pm Classify Jr. Market Goats - Dairy Barn ** Weight cards due at Noon 4:00 pm Wool Lead Show - Dairy Barn 5:00 pm Market Swine Weight Cards Due TBD Agriculture Public Speaking Contest TBD Agriculture Science Fair, New Mexico State Fair Xtreme Bulls

SUNDAY, SEPTEMBER 12

8:00 am NM Bred Swine Show - Swine Barn ** Market Hog Showmanship, 30 minutes after conclusion of NM Bred Swine Show 9:00 – 6:00 pm 4-H Horse Show 9:30 am Sheep to Shawl - Dairy Barn ** Demonstrations take place daily from 9:30am – 5:30pm SATURDAY, SEPTEMBER 11 10:00 am Milking Demonstrations, Dairy Barn 8:00 am Jr. Rabbit/Cavy Show - Rabbit/Poultry Bldg. 10:00 am Classify Zia Classic Lambs –Dairy Barn 9:00 am Jr. Poultry Show - Rabbit/Poultry Building 12:00 pm Zia Classic Lamb Show - Dairy Barn

NM Results at the Nat’l High School Rodeo Finals

home a championship and high marks. Dalli Cain also rocked the entire rodeo with her National Anthem on fiddle to start the Second Performance of the rodeo. In addition to rodeo and shoot sports, the Finals also included Reined Cow Horse and Cutting. incoln, Nebraska hosted the 2021 The commitment of a family to get a National High School Rodeo Finals July youngster to the High School National 18-24. It was literally a three-ring circus Rodeo Finals is at least herculean. The youth with five arenas running most of the time must participate in rodeos during the to get all the youngsters through three season, place in the top four at the State rounds of competition. Finals and then make the trip to the Finals There were some 40 states that sent site, this year Lincoln. As an example, it is teams including one from Canada. Each 833 miles from Las Cruces to Lincoln. It is a state was allowed to send up to four com- 12.5 hour drive. Pulling horses could petitors in each event. There was one father take longer. from Arizona who was tasked with making Congratulations to all of these competsure the youngsters kept their back itors and their families! You make New numbers on at all times. He was one that Mexico proud. probably had the most interaction with Shooting Sports the youth! Trap Draw New Mexico made a huge mark in the 1. Caleb Delk, Las Cruces, NM Shooting Sports competition, bringing Light Rifle Championship 4. Dalli Cain, Mountainair, NM 6. Zane Cline, Yeso, NM All Around Cowgirl 5. (NM) Weslynn Reno, Las Cruces, NM Girls Team Standings 13. NEW MEXICO out of 40 teams Boys Team Standings 19. NEW MEXICO out of 38 teams Team Standings 20. NEW MEXICO out of 43 teams Barrel Race Final Go Round 18. (NM) Hadley Tidwell, La Luz, NM 19. (NM) Weslynn Reno, Las Cruces, NM Barrel Race/Go Round #1 – 181 Contestants (l to r) Shooting Sports Champions Dalli Cain, Caleb Delk, Zane Cline 5. (NM) Hadley Tidwell, La Luz, NM

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1:00 pm 5:00 pm 6:00 pm

Jr. Market Goat Show - Dairy Barn NM Bred Steer Show –Beef Barn Classify Jr. Market Lambs - Dairy Barn

MONDAY, SEPTEMBER 13 8:00 am Jr. Market Hog Classification & Show - Swine Barn 9:00 am Classify Jr. Mkt Steers/Breeding Heifers - Dairy Barn 9:00 am – 6:00 pm All Breed Horse Show 9:30 am Sheep to Shawl - Dairy Barn ** Demonstrations take place daily from 9:30am – 5:30pm 10:00 am Milking Demonstrations, Dairy Barn 11:00 am Open Angus Cattle Show – Beef Barn 1:00 pm Open AOB Cattle Show - Beef Barn 4:00 pm Sullivan’s Supply Fitting Clinic –Dairy Barn

TUESDAY, SEPTEMBER 14 8:00 am Jr. Market Lamb Show - Dairy Barn 9:00 am– 6:00 pm Ranch Trail Horse Show 9:30 am Sheep to Shawl - Dairy Barn ** Demonstrations take place daily from 9:30am – 5:30pm 12. (NM) Weslynn Reno, Las Cruces, NM 29. (NM) Shaeden Marr, Tularosa, NM 30. (NM) Avery Ledesma, Las Cruces, NM Go Round #2 – 67 Contestants 6. (NM) Hadley Tidwell, La Luz, NM 19. (NM) Shaeden Marr, Tularosa, NM Bronc Riding/Go Round #1 – 50 Contestants 26. (NM) Tekota Lumpkin, Belen, NM Boys Cutting/Final Go Round 16. (NM) Sterlin Mitchell, Lamy, NM Boys Cutting/Go Round #1 –75 Contestants 17. (NM) Sterlin Mitchell, Lamy, NM 54. (NM) Clate Harwell, Artesia, NM 57. (NM) Colton Priest, La Mesa, NM Girls Cutting/Final Go Round 7. (NM) Abby Morris, Farmington, NM Girls Cutting/Go Round #1 – 101 Contestants 14. (NM) Abby Morris, Farmington, NM 44. (NM) McKinzee Shiver, Stanley, NM Breakawy Roping/Go Round #1–79 Contestants 12. (NM) Shaeden Marr, Tularosa, NM 37. (NM) Tiffanie McCormick, Lake Arthur, NM Bull Riding/Final Go Round 6. (NM) Marco Juarez, Anthony, NM Bull Riding/Go Round #1 – 5. (NM) Marco Juarez, Anthony, NM, (tied for 5th) Goat Tying/Go Round #1 – 143 Contestants 16. (NM) Rylee Grace Abel, Hobbs, NM 81. (NM) Natalie Larabee, Midland, TX Pole Bending/Go Round #1 – 164 Contestants 64. (NM) Gabriella Pargas, Grants, NM


10:00 am Milking Demonstrations, Dairy Barn 10:00 am Open Hereford Cattle Show – Beef Barn

WEDNESDAY, SEPTEMBER 15 8:00 am Open Rabbit Show - Rabbit/Poultry Building 8:00 am Jr. Market Steer Show - Dairy Barn 9:00 am – 6:00 pm Ranch Horse 9:30 am Sheep to Shawl - Dairy Barn ** Demonstrations take place daily from 9:30am – 5:30pm 10:00 am Milking Demonstrations, Dairy Barn 11:00 am Calf Scramble Meeting - Beef Barn 3:00 pm Jr. Replacement Dairy Heifer Show - Dairy Barn 7:00 pm Calf Scramble - Tingley Coliseum New Mexico State Fair PRCA Rodeo

THURSDAY, SEPTEMBER 16 8:00 am Jr. Dairy Goat Show/ Showmanship - Dairy Barn Open Jr. Dairy Goat Show, Youth Sr. Dairy Goat Show, Open Sr. Dairy Goat Show all to follow Pole Bending/Go Round #2 – 31 Contestants 21. (NM) Katelyn Detweiler, Edgewood, NM Reined Cow Horse/Go Round #1 – 108 Contestants 71. (NM) Colton Priest, La Mesa, NM 90. (NM) Sterlin Mitchell, Lamy, NM 96. (NM) Paige Brandon, Edgewood, NM Reined Cow Horse/Go Round #2 – 19 Contestants 12. (NM) Sterlin Mitchell, Lamy, NM Steer Wrestling/Go Round #2 – 86 Contestants 68. (NM) Tydon Tsosie, Crownpoint, NM 73. (NM) Zane Cline, Yeso, NM 84. (NM) Clate Harwell, Artesia, NM Team Roping/Final Go Rounds Reserve Champions–(NM) Weslynn Reno, Las Cruces, NM, Luis Mendiaz, Santa Fe, NM Team Roping/Go Round #1 – 56 Teams 19. (NM) Weslynn Reno, Las Cruces, NM, Luis Mendiaz, Santa Fe, NM 55. (NM) Faron Candelaria, Jr., Isleta, NM, Calvin Taylor, Jr., Canutillo, TX Team Roping/Go Rounds #2 – 11 Teams 4. (NM) Weslynn Reno, Las Cruces, NM, Luis Mendiaz, Santa Fe, NM Tie-Down Roping/Go Round #1 – 104 Contestants 8. (NM) Dontae Pacheco, Bloofield, NM 48. (NM) Clate Harwell, Artesia, NM 74. (NM) Trent Wood, Portales, NM Tie-Down Roping/Go Round #2 – 28 Contestants 1. (AZ) Pecos Tatum, La Plata, NM

8:00 am Calf Scramble Showmanship - Beef Barn 9:00 am Jr. Breeding Heifer Show – Beef Barn 9: 9:00 am – 6:00 pm AQHA, APHA, PtHA, APHC Halter Horse Show 9:30 am Sheep to Shawl - Dairy Barn ** Demonstrations take place daily from 9:30am – 5:30pm 10:00 am Milking Demonstrations, Dairy Barn 11:00 am Open Jr. Dairy Goat Show - Dairy Barn 1:00 pm Livestock Judging Contest –Dairy Barn 7:00 pm Parade of Champions - Tingley Coliseum New Mexico State Fair PRCA Rodeo

FRIDAY, SEPTEMBER 17 9:30 am Sheep to Shawl - Dairy Barn ** Demonstrations take place daily from 9:30am – 5:30pm 10:00 am Milking Demonstrations, Dairy Barn 3:00 pm Jr. Livestock Sale – Horse Arena New Mexico State Fair PRCA Rodeo

10:00 am Milking Demonstrations - Dairy Barn 10:00 am 4-H Dog Show 10:00 am Texas Longhorn Show – Beef Barn New Mexico State Fair PRCA Rodeo

SUNDAY, SEPTEMBER 19 9:00 am – 6:00 pm Youth AQHA, APHA, PtHA, ApHC Horse Shows 9:30 am Sheep to Shawl - Dairy Barn ** Demonstrations take place daily from 9:30am – 5:30pm 10:00 am Milking Demonstrations, Dairy Barn 10:00 am Texas Longhorn Show – Beef Barn 1:00 pm Rooster Crowing Contest – Rabbit/Poultry Building New Mexico State Fair PRCA Rodeo

SATURDAY, SEPTEMBER 18 8:00 am Open Poultry Show – Rabbit/Poultry Bldg. 8:00 am Open/Jr. Dairy Cattle Show – Dairy Barn 9:00 am 4-H Cooking Challenge – Youth Hall 9:00 am Table Top Serama Chicken Show – Poultry Bldg. 9:00 am Pygmy Goat Club Show – Swine Barn 9:00 am – 6:00 pm AQHA, APHA, PtHA, ApHC Performance Shows 9:30 am Sheep to Shawl - Southwest Dairy Farmer’s - Dairy Barn ** Demonstrations take place daily from 9:30am – 5:30pm

2021 Junior Livestock Show Judges Jr. Market Beef Show: Chris Mullinix, KS Jr. Market Swine Show: Jeremy Cantrell, OK Jr. Market Lamb Show: Jason Simpson, CO Jr. Market Goat Show: Brent Jennings, NC

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AUGUST 2021

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VIEW FROM THE BACKSIDE by Barry Denton

The opinions in this column do not necessarily reflect those of the New Mexico Cattle Growers’ Association or this publication

I

Fly Your Flags America!

f you get up in the morning, walk outside, and a statue offends you then just give me a call. You bet, you can bring your offending statue of American history right here to my ranch and you will no longer be offended. I have room for all the offenders, just not the offended. When you bring your statue, just stop at the front gate. I’ll see you there and then I will come out and get the statue. I will not let you or the idiot dumb enough to hire on to haul it for you, on my place. I can haul it inside my gate after you get it here. You will be able to find my place easily as it has my name on the gate, and we are always flying the American flag. Once inside I can assure you that your offending statue will be well taken care of, respected, and honored. We do not even have any pigeons here. Now, I do think the least you can do as a statue donator is to reimburse the taxpayers that have supported your offending statue all these years. There is a grand plan for my statue ranch. My first goal would be to bring school age children here to teach them about how great America really is, and the people that made it that way. I would explain to them how it is a miracle from God that this country even exists. I would also make sure that they knew the definition of “divine providence” and what role it played in this country’s founding. The next thing that I would teach them is about General George Washington crossing The Delaware River In the middle of a

NM State Fair Livestock Manager

B

rittni Allerkamp originally comes from Comfort, Texas, where she grew up farming and raising show pigs with her family. She attended both South Plains College and Texas Tech University. She received both a bachelor’s and master’s degree in agricultural communications from Texas Tech. Over the

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freezing Christmas Day night, December 25th, 1776. He had an ill-equipped 2400 soldier Continental Army, many of whom did not have shoes to protect their feet from the snow they were marching on. The general had spent the previous summer and fall fighting the British, losing, and retreating. General Washington’s winter encampment at Valley Forge, Pennsylvania was reeked with disease, hunger, a lack of supplies, and a high desertion rate. He knew there was a garrison of about 1400 Hessian mercenaries spending the winter at Trenton, New Jersey. This elite fighting force had been hired by King George of England to assist the British army. The Hessians were under the very capable leadership of Colonel Rahl an experienced veteran of many European wars. Not only did General Washington cross the river with an army, but he also brought artillery with him in the form of 3-pounder, 4-pounder, and even 6-pound cannon and horses to move the artillery into position. Can you imagine floating horses across a frozen river on open barges, on a stormy night? General Henry Knox was responsible for the artillery which he placed on a hilltop overlooking the town of Trenton, to the surprise of the waking Hessians. Included in this precarious attack was James Monroe who was to become the fifth president of the United States. Mr. Monroe led his regiment down King Street to capture valuable Hessian cannon that was firing upon them. In the process he was wounded, but he became a hero because his quick thinking saved many Continental Army lives. One thing that General Washington did have to contend with was a spy amongst his war council prior to the attack. When he had planned the attack, the spy, sent a pair of deserters to deliver the battle plan to Hessian Colonel Rahl at Trenton. Colonel Rahl did not take the intelligence presented past few years Brittni has been interning and working for some of the nation’s most prestigious livestock shows. Most recently she served as the Livestock Coordinator for the San Angelo Stock Show & Rodeo. Brittni will be getting married this coming fall to her fiancé Conner Cross. Conner and Brittni recently moved back to her hometown Comfort, TX, where they are a part of the family farm operation and raise and sell club calves. They

to him seriously and chose to disregard it. Thankfully, this allowed Washington to create a surprise attack that never should have happened. As we all know, The Battle of Trenton was the first American victory of the Revolutionary War and the most significant as it turned the tide of the war into Washington’s favor. Just ten days later General Washington secured another victory at Princeton, New Jersey and he was on his way to winning the American Revolution. If you study the battle of Trenton carefully, there are a number of events that went in favor of the Americans that never should have. Also, if you continue your study of the American Revolution you will be scratching your head a thousand times wondering how the good fortunes of the Continental Army ever came about. I just explained a little portion, of one battle, of an impossible war for the American Continental Army to win. The heart and genius of George Washington abounds and cannot be denied. This country would not exist today if it were not for George Washington, James Monroe, Henry Knox, and a host of others prominent in founding this country. Today we have a self-proclaimed Marxist group known as Black Lives Matter trying to tell us that our founders were bad people. They also are trying hard to erase our illustrious history. Besides that, they are telling their followers that a convicted felon named George Floyd is a hero and are even erecting monuments to him. Now they are trying to tell us that our American Flag is a symbol of racism. My opinion is that you need to deny these Marxists any credibility, fly your flag, keep your statues on display in the public square, keep the founders names on buildings, and be a proud American.

are both highly passionate about the livestock industr y and look forward to supporting the youth in agriculture for Brittni Allerkamp years to come. “I am so excited to join the team at the New Mexico State Fair and look forward to all the progress we get to put into place in the upcoming years.”


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A Step in the Right Direction

when it comes to animal husbandry practices. Common methods for ranchers, farmers and veterinarians including artificial insemination, pregnancy checks and by Taylor Lock, semen collection were a few of the topics New Mexico Cattle Growers’ Association up for debate. n June 21, 2021 the Colorado In addition to the lengthy proposal Supreme Court announced, in a 7-0 animals would have been required to live vote, that Initiative 16 would not 25 percent of their “natural” lifespan before meet the requirement of focusing on one beginning the harvesting process. PAUSE subject within the proposed initiative. The estimated that a cow will live to be 20 years proposed changes were broad and mis- old (harvested at 5 years old), a chicken 8 leading with several aspects tied to it. years old (harvested at 2 years old), a turkey Initiative 16, also known as the “Protect 10 years old (harvested at 2.5 years old), a Animals from Unnecessary Suffering and duck 6 years old (harvested at 1.5 years old), Exploitation” (PAUSE), was introduced to a pig 15 years old (harvested at 3.75 years expand the definition of a “sexual act” old), a sheep 15 years old (harvested at 3.75

UN L

O

F E D ER

A

CIL

O

L AN DS C

FOCUS

On Federal & State Trust Lands! The New Mexico Federal Lands is first on the front lines in addressing federal and state trust lands issues from new BLM Regs to water rights and the New Mexico State Trust Lands.

Join Today

Dues are 5 cents per AUM, with a $50 minimum.

Name_________________________________________ Address_______________________________________ City______________________State ____ Zip________ Please mail to NMFLC, P.O. Box 149, Alamogordo, NM 88310 newmexciofederallandscouncil@gmail.com

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years old), and a rabbit 6 years old (harvested at 1.5 years old). (Colorado State Ballot Initiative Protect Animals from Unnecessary Suffering and Exploitation, 2021, p. 1). The initiative was scheduled to make an appearance on the ballots in 2022. However, as of June 21st Initiative 16 does have another opportunity to reappear through the legislative council and the Title Board. Several other steps and approval would be required for its reintroduction such as the acknowledgement of the single-subject rule. Unfortunately, Colorado is not the only state to have faced this issue. Oregon also announced, in the early months of 2021, IP13 titled the “Abuse, Neglect, and Assault Exemption Modification and Improvement Act”. IP13 has several similar components to the Initiative 16. Both address the term “sexual act” with an animal and focus on the proper animal age when the harvesting process occurs. The Oregon IP13 petition is still in the beginning phases. The state of Oregon will suffer significant economic losses along with a plethora of consequences if IP13 moves forward. The state profits $5.01 billion in agriculture production with 67,595 agricultural producers (The State of Oregon Agriculture, 2021, p.2).IP13 will not only be a stranglehold on the agricultural community, but impact meat consumption for all Americans. So, what’s next? As producers, consumers and advocates it is our duty to continue the discussion surrounding Initiative 16 and IP13. Many consumers are unaware of where their meat is sourced and the people that work to provide food for our nation and the world. The continuation of transparency in communication will make the difference in the fight against these campaigns. Tell your agriculture story and tell it often!

PREGNANCY DIAGNOSTIC TECHNICIAN Call Steve Jensen 575/773-4721 License PD-2266

“Testing Cattle in New Mexico Only”


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Pasture Wanted

3RD & 4TH GENERATION NM RANCHERS SEEKING PASTURE & CARE FOR 50-300 COWS WITHIN 2-3 HOURS OF MORIARTY, NM

REAL ESTATE GUIDE

PLEASE CONTACT JOHN AT 505-379-8212

www.scottlandcompany.com

Ben G. Scott – Broker Krystal M. Nelson – NM QB 800-933-9698 5:00 a.m./10:00 p.m.

RANCH & FARM REAL ESTATE

We need listings on all types of ag properties large or small!

■ CEDARVALE, NM – 6,961 acre ranch (5,000 ac. +/- Deeded – 1,961 ac. +/- State Lease) well fenced & watered w/good pens, new barn. ■ TEXAS PANHANDLE – Let’s look at this 6,000 hd. permitted feedyard w/953 ac. +/-, a recently remodeled owner’s home, 2 residences for employee housing, addtl. home on 6 ac., 5 pivot sprinkler irr. circles, truck scale, cattle scale, excellent perimeter fencing, located on pavement & all weather road, currently in full operation. ■ SIGNIFICANT PRICE REDUCTION! RIMROCK RANCH - BUEYEROS, NM – 14,993.49 total acres +/- (12,157.49 deeded acres +/-, 2,836 +/- New Mexico State Lease). Live water with five miles of scenic Ute Creek. Elk, deer and antelope to go along with a good cattle ranch! ■ ALAMOSA CREEK RANCH – Roosevelt Co., NM – 14,982 +/- acres (10,982 ac. +/- deeded, 4,000 ac. +/- State Lease). Good cow ranch in Eastern NM excellent access via US 60 frontage between Clovis and Fort Sumner. Alamosa creek crosses through the heart of the gently rolling grassland. ■ SARGENT CANYON RANCH (Chaves/ Otero Co.) – 18,460 +/- ac. - 200 +/- deeded, 2,580 +/- State, 11,200 +/- BLM, 4,480 +/Forest - permitted for 380 AUs year-round, well watered, good headquarters, very nice updated home, excellent pens & out buildings. Scenic ranch! ■ PRICE REDUCED! DRY CIMARRON – Union Co., NM – 1,571 ac.+/- of grassland on the dry Cimarron River, located on pvmt. near Kenton, OK just under the Black Mesa. ■ SUPER OPPORTUNITY! One of the best steak houses in the nation just out of Amarillo & Canyon at Umbarger, TX., state-of-the- art bldg., turn-key w/complete facilities in full operation at this time. ■ STRONG WATER! Baca Co., CO – 640 ac. +/- w/three pivot sprinklers & three irrigation well all tied together w/underground pipe, fourth quarter in native grass permitted for irrigation according to owner. ■ EAST EDGE OF FT. SUMNER, NM – a 900 hd. grow yard w/immaculate 7.32 ac. +/-, a beautiful home, & other improvements w/a long line of equipment included, on pvmt.

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RODEO FARM, RODEO NM — 470 Acre total w/267 acres irrigated. Two homes. Farm has not been in production for many years. All improvements are in need of attention. Priced @$300,000

SOLD

TYLER RANCH/FARM — York Az, 544 deeded with 173 irrigated, along with 14,000 state and Blm lease land. 300 head mother cows yearlong. Priced @$2,300,000

SOLD

SMITH DRAW, SEPAR, NM — 7760 deeded, 11,275 State, 2560 BLM runs 300 head yearlong. Good strong country nice improvements. Priced @$3,100,000

If you are looking to Buy or Sell a Ranch or Farm in Southwestern NM or Southern AZ give us a call ...

Sam Hubbell, Qualifying Broker 520-609-2546

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SCOTT MCNALLY www.ranchesnm.com 575/622-5867 575/420-1237 Ranch Sales & Appraisals

Terrell land & livesTock company 575/447-6041

Tye C. Terrell, Jr. P.O. Box 3188, Los Lunas, NM 87031

REAL ESTATE GUIDE

RS RANCH GLENWOOD NM — 44,233 total acres consisting of 119.6 deeded acres and 44,113 acres Gila National Forest Grazing Allotment. Ranch will run 650 head mother cows yearlong and 18 horses. San Francisco River Runs through the Ranch, great improvements. Priced at $4,900,000

Bar M Real Estate

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Buying or Selling your Ranch? Introducing...

WILLARD, NM: Pastures are looking greener now w/recent rains. 2 sections deeded land w/submersible well, pipeline drinker(s), perimeter fenced & mostly open gramma pastures. Mother cow operation is Ready to sell at $660,000 – Bring us an offer!!! VILLANUEVA, NM: 87 deeded acres off CR B29A. 3 lots available. 100 gpm shared well with power & fencing. Priced at $142,500. Buy one or all. Located right on CR B29A. CR 4JK, DILIA, NM: 11-acre farm has ~4 + ac. ft. of ditch rights. Live on one side, farm the other. Community water meter onsite, electric meter loop, nice views, owner ready to sell. List Price is $89,000 435 APACHE MESA RD, LAS VEGAS, NM: Gramma grass 80-acre parcel has 8 gpm water well, fence on two sides, two dirt tanks & Sangre views. Moderate tree cover. Price: $94,500 owc STANLEY, NM: 80-acre tract w/power @ $89,900 Located off Calle Victoriano on Buckboard Rd. Also have 640-acres w/well & power for $448,000 available in the Estancia Basin. SAN JOSE, NM: Rito de Sebadillo parcel is 144 acres w/transformer installed & water well onsite. Seasonal creek frontage. Priced at $179,900 & Owner may carry.

REAL ESTATE GUIDE

PEÑA CANYON:runs right thru the middle of 540 acres located just north of Villanueva, NM. Grassy mesa tops, huge rocky canon bottom, side canyons, off the grid w/pinon & cedar tree cover & some tall pines. Asking $340,000

New name, same trusted service Laura Riley (505) 330- 3984

Ashley White (505) 360-9819

DEMING, NM: 268 acres of deeded land for sale, has airstrip & oversize metal hanger, water well & power & septic tank & 3 RV pads w/septic! Can be a good RV/Park location. Located 10 miles west of town off I-10 frontage road. Asking $339,900 obo BRING ME YOUR RANCH, FARM & LAND LISTINGS … CALL 505-490-0220 MARKET IS GOOD NOW!

KEN AHLER REAL ESTATE CO., INC. 300 Paseo Peralta, Suite 211, Santa Fe, NM 87501

Office: 505/989–7573 • Toll Free: 888/989–7573 • Mobile: 505/490–0220 Email: kahler@newmexico.com • Website: www.SantaFeLand.com

O’NEILL LAND, llc P.O. Box 145, Cimarron, NM 87714 • 575/376-2341 • Fax: 575/376-2347 land@swranches.com • www.swranches.com

RATON MILLION DOLLAR VIEW, Colfax County, NM. 97.68 +/- deeded acres in 2 parcels with excellent home, big shop, wildlife, a true million dollar view at the end of a private road. $489,000. MIAMI 40 ACRES, Colfax County, NM. Private 2 bedroom getaway with elevated fantastic view, nice porch, little casita, irrigation and pole barn. Extremely private setting. $450,000. MIAMI 55.89 ACRES, Colfax County, NM. Remodeled adobe, awesome shop, out buildings, long road frontage, private fishing in Miami Lake. Amazing porch view. $400,000.

SOLD

CIMARRON HIDDEN PLACE, Colfax County, NM. 1.66± deeded acres with a 2,304 sq ft home updated with recent remodels including

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large open kitchen vaulted tin ceiling, three bedrooms and two bathrooms, edge of town amazing views. $290,000 COLMOR-OCATE CREEK, Colfax and Mora County, NM 853 +/- deeded acres split by I25 and Ocate Creek. Suit cattle operation, with some wildlife drawn to water holes in creek. $617,000 EAGLE NEST ESCAPE, Colfax County, NM. 78.42± deeded acres in off HWY 64 overlooking Eagle Nest Lake, private pond, two elk tags, 3 bedroom home with and large shop garage able to store your RV and big toys. Improvements almost half a mile off highway. Truly an escape. $795,000

CONTRACT PENDING


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MAJOR RANCH REALTY Brad DeSpain 520-429-2806 Tom Wade 480-789-9145

RANDELL MAJOR Qualifying Broker

rmajor@majorranches.com www.majorranches.com

Cell: 575-838-3016 Office: 575-854-2150 Fax: 575-854-2150

RANCHES/FARMS

P.O. Box 244 585 La Hinca Road Magdalena, NM 87825

James Sammons III Texas, New Mexico,Oklahoma and Missouri Broker

Buyers are looking for a ranch. If you have a ranch to sell, give me a call.

Lifetime rancher who is familiar with federal land management policies

SIDWELL FARM & RANCH REALTY, LLC Tom Sidwell, Qualifying Broker 6237 State Highway 209, Tucumcari, NM 88401 • 575-403-6903 tom@sidwellfarmandranch.com • www.sidwellfarmandranch.com

SERVING THE RANCHING INDUSTRY SINCE 1920 www.chassmiddleton.com 5016 122nd STREET LUBBOCK, TEXAS 79424 • 806-763-5331 Sam Middleton 817-304-0504 • Charlie Middleton 806-786-0313 Jim Welles 505-967-6562 • Dwain Nunez 505-263-7868

*NEW* 200-300 Head Cattle Ranch, Marana, AZ – Abundant year-round no cost water makes this ranch a true oasis in the desert, situated along the Santa Cruz River just 20 minutes north of Tucson. 129+/Deeded ac; 150+/- ac of permanent pasture, 3,700+/- ac of desert sub-lease, 30 +/- ac of farm fields, and well improved headquarters with excellent access off a paved road situated on State land with 342+/- ac of lease. Second manufactured home on deeded. Two sets of good steel pipe corrals under covered work areas with squeeze chute, and tub. $3.5M *REDUCED* 2,373+/- Acre Farm, Animas, NM – Custom 2560 +/s.f. home built in 2008. 20-Acre pivot, 40’ x 60’ shop, 40’ x 50’ hay barn, fruit trees, chicken coop, garden area. Pivot produced 9.5 tons/ ac of alfalfa in 2020. 300 gpm well. 5 pastures with water piped to 2 storage tanks and drinkers in all pastures. Historically has run 40 head of cattle yearlong. $1.3M *NEW* 240+/- Acre Farm, McNeal, AZ – 76 Ac cultivated farm ground irrigated by two pivots and flood irrigation. Currently planted in

Ranch,Tombstone, AZ – An excellent value! Small desert ranch in the San Pedro Valley of Cochise County, Arizona. 320+/- ac. deeded, 2,780+/ac. State lease, and 560+/- ac. BLM Allotment. $240,000

*NEW* 1,578 Acres of Land, McNeal, AZ – Currently used as grazing land for an adjacent ranch. Fenced with 2 wells. Seller will split. $500 per acre for all or $650 to $700 per acre for smaller parcels. located near the McNeal Farm we have listed above, and could be used as an additional pasture; purchase for investment or build your own little ranchette.

HORSE PROPERTIES/LAND

*SOLD* 68+/- Head Three Brothers Ranch, Tombstone, AZ – Good starter or retirement ranch in the San Pedro River valley with sweeping views, good access, grass, browse and water. 320+/- ac. deeded, 5,403+/- ac. State lease, 2,961+/ac. BLM permit. Easy terrain with access from Hwy 82 and Tombstone. 3 wells, 2 storage tanks with drinkers, 2 dirt tanks, set of wood & wire corrals. Adjoins Orduno Draw Ranch also offered by Stockmen’s Realty, LLC. $600,000

*REDUCED* 90+/- Acre HP Bar Ranch, Benson, AZ – Perfect gentlemen’s ranch or private get-away. Backs up to USFS for endless riding possibilities. Fully fenced for cattle. 2 BR, 1 BA home; garage; steel barn w/two horse stalls, tack room and large hay storage; corrals; workshop. Expansive views. $775,000 $675,000

SOLD

*SOLD* 36+/- Head Chico Ranch, Duncan, AZ – Small scenic desert ranch in the Gila Valley in Greenlee County, AZ. 953+/- acres of deeded and 3,110+/- Acres of AZ State Grazing Lease. One well with a pipeline to 3 steel storage tanks and 6 drinkers. Railroad tie corrals located with easy access to Highway 70. $450,000

SOLD

*NEW* 120 +/- Acres of Farm Ground, Willcox, AZ – Located NW of Willcox in a good groundwater area. Center pivot. $390,000 Call Harry Owens *SOLD* 30+/- Head Orduno Draw

SOLD

*SOLD* 40+/- Acre Last Stand B&B Guest Ranch, Sonoita, AZ – An exceptional property in the grasslands of Sonoita, presently operating as a successful wedding & equestrian event venue. The Territorial, two-story 4 BR, 4.5 BA main home has 4,110 s.f., & custom features throughout. A true destination property. $1,675,000

SOLD

*NEW* 20+/- Acre Equestrian Property, Sonoita, AZ – Established horse training and boarding facility on +/-20-acres adjoining BLM land, panoramic mountain v iews. Two mfg homes, 36’ x 160’ horse barn, barn/shop, equipment shed, hay shed, 10 shades/loafing sheds with corrals, +/-70’ x 90’ dressage and 160’ x 170’ fenced arena. There are also RV spaces with septic, a fire pit and a well. $650,000 *SOLD* +/- 32.43 Acres Horse Property, Lordsburg, NM – Custom 4 BR, 3 BA ranch style home with large family room, living room, full sized kitchen and a partial basement. Shop, tack/hay barn, horse corrals, roping arena, fruit trees, 3 wells, irrigation rights, portable irrigation system. $295,000

REAL ESTATE GUIDE

214.701.1970 jamessammons.com jsammons@briggsfreeman.com 3131 Turtle Creek Blvd. | 4th Floor Dallas, Texas 75219

*REDUCED* 550-600+/- Head Kaler Ranch Holdings, Sheldon, AZ. – Two world class ranches comprise this offering on 14 miles of scenic river frontage. Includes a total of 1467+/- deeded acres with 2 rock homes equipped with solar, battery backup, and tied to the grid; +/240 tillable flood irrigated acres with 100+/-acres under cultivation. Combined there are a total of 17 wells, most on solar; numerous springs and stock ponds; 40+/- Sections of BLM and private leased land. There are two additional homes on the private lease. $4,800,000

permanent pasture and runs 80 head of cattle. Nice 3 BR home, garage, workshop, green house, guest house, large barns, large run-in shed for horses, hay barn, gardens, 3 wells. $1.1M

SOLD

Riding for the brand … is our time-honored tradition StockmensRealty.com I UCstockmensrealty.com *Each United Country Franchise office is independently owned and operated.

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PAUL McGILLIARD Murney Associate Realtors

DATIL, Herrington Canyon Road Access, Two tracts, acres $32,000, 44 acres. $32,000 FENCE LAKE, 295 Pine Hill Road, 60 acres with over 2300 sq. ft. log home, corral, outbuildings. $265,000 SAN ANTONIO, Zanja Road, 4.66 acres farmland w/ Middle Rio Grande Conservancy District water rights. $69,000

REAL ESTATE GUIDE

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Cell: 417/839-5096 • 800/743-0336 Springfield, MO 65804

www.Paulmcgilliard.murney.com

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T O A D V E R T I S E C O N T A C T C H R I S @ A A A L I V E S T O C K . C O M O R 5 0 5 - 2 4 3 - 9 5 1 5 , x . 28

REAL ESTATE

GUIDE

MAJOR RANCH —— REALTY ——

RANDELL MAJOR

Qualifying Broker

rmajor@majorranches.com

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P.O. Box 244, 585 La Hinca Road Magdalena, NM 87825 For videos & other information go to:

WATER CANYON: 151 acres, patented scenic land, creek, water right. Magdalena $981,500 ELK CROSSING RANCH: 5585 deeded acres, elk tags, 7 wells, 2 MAGDALENA MOUNTAINS: 102 homes Quemado $5,850,000 acres, overlooking the La Jencia plains Magdalena $666,000 BUCK HORN RANCH: 27,520 acres, forest allotment, 6 wells, MAESE FARM: 9.85 acres, prehome Corona $1,980,000 1907 water rights, home Lemitar $418,000 COPPER CANYON: 39 acres, patented mountain land, 15 10 LASSO LANE: 21.91 acres, acre ft water rights Magdalena home, well, scenic views, elk Pie $1,170,000 Town $350,000 CALL FOR OTHER HUNTING RANCHES NOT LISTED HERE!

SEED STOCK GUIDE

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HIGHLAND MEADOWS ESTATE: “29” one acre lots, Owner finance or trade W of Alb. $232,000 3471 US-60: 54.81R acres vacant UNDE landCO Quemado NTRACT 2021 SOLD LISTINGS

Friday, March 11, 2022

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two noncontiguous tracts of native grass rangeland separated by lands belonging to other ownership. Located approximately 20 miles northwest of the small community of Elida, New Mexico in northeast Chaves County. The two tracts are approximately 2.5 miles apart as the crow flies. Access to both tracts is good by maintained Chaves County Roadways. The north tract, referred to as the Cothern Place, is comprised of approximately 2,500 ± deeded acres that is partially fenced with one well. The south tract, referred to as the Rippee Place, is comprised of approximately 4,700 deeded acres and 640 State Lease fenced into three pastures, watered by two wells and pipelines. The two tracts are approximately 2.5 miles apart. Excellent year around cow country. Grazing capacity is estimated to be 130 AUYL. Priced at $370 $345 per deeded acre; $2,484,000.

COWBOY DRAW RANCH

Excellent cattle ranch located in southeastern NM approximately 50 miles northwest of Roswell on the Chaves/Lincoln County line. 7,455 total acres with 2,600 deeded. 150 AU capacity. Livestock water is provided two wells; one electric submersible, one solar well with considerable water pipeline scattered throughout the ranch. Fenced into three larger pastures and two smaller holding traps. Several large, open draws run through the ranch providing excellent overflow areas. Terrain is open and rolling. Good turf cover. Had a good rain recently, all draws ran big. Come take a look. Not many like this on today’s market. Scott McNally, Qualifying Broker Bar M Real Estate, LLC P.O. Box 428, Roswell, NM 88202 Office: 575-622-5867 Cell: 575-420-1237 Website: www.ranchesnm.com

McPHERSON HEIFER BULLS  ½ Corriente, ½ Angus bulls. All Solid Black Virgins ½ Corriente, ½ Angus Bred Heifers & Young Pairs Solid Black Matt • 806/292-1035 Steve • 806/292-1039 Lockney, Texas • Claude, Texas Columbus, New Mexico AUGUST 2021

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seedstock guide ▫

CANDY TRUJILLO Capitan, NM 575-354-2682 480-208-1410

Angus Cattle Rick & Maggie Hubbell Mark Hubbell

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RANCH RAISED

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AUGUST 2021

Bradley 3 Ranch Ltd. Ranch-Raised ANGUS Bulls for Ranchers Since 1955

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SEEDSTOCK GUIDE

TO LIST YOUR HERD HERE CONTACT CHRIS@AAALIVESTOCK.COM OR 505-243-9515, x.28


▫ seedstock guide

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Maternal, Moderate Thick & Easy Fleshing Reliable Calving Ease THE GARDNER FAMILY Bill Gardner 505-705-2856

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C Bar R A N C H RANCH

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AUGUST 2021

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seedstock guide ▫

Tom Robb & Sons T

R

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Clark anvil ranCh Reg. Herefords, Salers & Optimizers Private Treaty

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AUGUST 2021

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The American Descent into Madness

false identification or other illegal means to continue breaking the law. One does not arrive as a guest in a foreign country and immediately violate the laws of his host— unless one holds those laws in contempt. Arrivals now cross a border that had been virtually closed to illegal immigration America went from the freest by January 2021. In the cynical and immoral country in the world in December logic of illegal immigration (that cares little 2019 to a repressive and for the concerns either of would-be legal immigrants or U.S. citizens), arrivals will be frightening place by July 2021. dependent upon the state and thus become How did that happen? constituents of progressives who engiby Victor Davis Hanson neered their arrival. ations have often gone mad in a Yet the issue is not illegal immigration matter of months. The French aban- per se. If protests were to continue in Cuba, doned their supposedly idealistic and 1 million Cubans boated to Miami, the revolutionary project and turned it into a Biden Administration would stop the influx, monstrous hell for a year between July 1793 in terror that so many anti-Communists and 1794. After the election of November might tip Florida red forever. 1860, in a matter of weeks, Americans went How strange that the U.S. government from thinking secession was taboo to is considering going door-to-door to bully visions of killing the greatest number of the unvaccinated, even as it ignores the their fellow citizens on both sides of the daily influx of thousands from Mexico and Mason-Dixon line. Mao’s China went from Latin America, without worrying whether a failed communist state to the ninth circle they are carrying or vaccinated for COVIDof Dante’s Inferno, when he unleashed the 19. Meanwhile, the progressive media shrilly Cultural Revolution in 1966. warns that the new Delta Variant of the In the last six months, we have seen virus is exploding south of the border. Note absurdities never quite witnessed in how the administration applies standards modern America. Madness, not politics, to its own citizens that it does not apply to defines it. There are three characteristics of foreign nationals illegally entering all these upheavals. One, the events are the country. unsustainable. They will either cease or they will destroy the nation, at least as we know Crime as Construct it. Two, the law has largely been rendered Crime is another current absurdity. There meaningless. Three, left-wing political exists a mini-industry of internet videos agendas justify any means necessary to depicting young people, disproportionachieve them. ately African American males, stealing luxury goods from Nieman-Marcus in San Citizenship as Mere Residency Francisco, clearing a shelf from a Walgreens Two million people are anticipated to with impunity, or assaulting Asian Americross the southern border, en masse and cans. These iconic moments may be illegally, over a 12-month period. If that unrepresentative of reality, but given the absurdity were to continue, we would be mass transfers and retirements of police, adding the equivalent of a major U.S. city and the frightening statistics of large every year. The new arrivals have three increases in violent crime in certain cities, things in common: Their first act was to the popular conception is now entrenched break U.S. law by entering the country. Their that it is dangerous to walk in our major second was to break the law by residing metropolises, either by day or at night. here illegally. And their third will be to find Chicago has turned into Tombstone or

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Dodge City in the popular imagination. Scarier still is the realization that if one is robbed, assaulted, or finds one’s car vandalized, it is near certain the miscreant will never be held to account. Either the police have pulled back and find arrests of criminals a lose-lose situation, or radical big-city district attorneys see the law as a critical legal theory construct, and thus will not enforce it. Or the criminal will be arrested and released within hours. So a subculture has developed among Americans, of passing information about where in the country it is safe, where it is not, and where one can go, where one cannot. This is clearly not America, but something bizarre out of Sao Paulo, Durban, or Caracas.

student profiles, the faculty increasingly will have to choose between accusations of racism, or grading regardless of actual performance, given thousands of new enrollees do not meet the entrance standards of just two or three years ago. Remember that since wokeism was always a top-down elite industry, minority progressives still will fight it out with white leftists in intramural scraps over titles, salaries, and managerial posts. The public has had enough. For the first time, people will ask why are we subsidizing student loans, why are multibillion-dollar endowments not taxed, and why do we think a B.A. in sociology or psychology or gender studies is an “investment” that prepares anyone for anything?

The Campus Con

Commissars and Jacobins

The universities over the past 40 years were intolerant, hard Left, and increasingly anti-constitutional. But they also fostered a golden-goose confidence scheme that administrators dared not injure, given the precious eggs of federally guaranteed student loans that ensured zero academic accountability and sent tuition costs into the stratosphere. There was an unquestioned supposition that a degree of any sort, of any major, was the ticket to American success. In cynical fashion, we shrugged that most prestigious institutions were little more than cattle branders that stamped graduates with imprints that gave them unearned privilege for life. Yet universities now have both hands around their golden goose’s neck and are determined to strangle it. The public is becoming repulsed at the woke McCarthyite culture on campus, and will be more turned off when campuses open in the fall in 2019-style. At the Ivy League or major state university campuses, admissions are no longer based on proportional representation in the context of affirmative action, but are defined increasingly by a reparatory character. Grades, test scores, and “activities” of the white and Asian male college applicants are growing less relevant. Only “privileged” white males with sports skills, connections, or families who give lots of money are exempt from the new racial reparation quotas. The new woke admission policy ironically is targeting the liberal suburban professional family, the Left’s constituency, whose lives are so fixated on whether children graduate from Yale, Princeton, Harvard, Stanford, or like campuses. Given the radical change in incoming

The critical race theory craze is reaching peak woke, or is already on the downslope. No complex and sophisticated society is sustainable with a Maoist creed of cannibalizing citizens for thought crimes. Commissars do not produce anything or serve anybody, but only monitor thoughts and speech to ascertain the purity of diversity, equity, and inclusion. They are not just a drain on the productive sector but will insidiously destroy it, since their currency is to ensure a timid, obsequiousness and banal orthodoxy. We know from the failed Soviet system and from the French Revolution that the most mediocre in society became its most eager auditors of correct behavior. The arbiters of proper thought—the self-righteous paid toady, the perpetual victim employed in service to government payback, the freelancing snitch—were always the villains of freedom, productivity, and humanity, whether we read of the killing off of Alexander the Great’s inner circle, the forced suicides of the Neronian circle, the Jacobin murder spree, or the nightmarish world described by Aleksandr Solzhenitsyn. That the Biden Administration has now joined with Silicon Valley to hunt down on social media any dissenters from this month’s official policy on vaccinations and mask-wearing was not so shocking as to be expected from a media that banned coverage of Hunter Biden’s laptop. In Cuban-fashion, millions of judge-jury-executioner online snitches, with government encouragement, will help root out incorrect thoughts at light speed.

Inflation Is a Mere Construct continued on page 72 >>

MEMORIAM << cont from pg 53 27, 2005 he married Kathy (Goen) Turner in Elida. Following their marriage, they lived in San Angelo for a while and then moved to Muleshoe where they lived for 13 years. They had recently moved to Santa Anna. While living in Muleshoe, he was a member of the Lazbuddie Church of Christ. Carl was an outspoken, unapologetic Conservative and he never missed an opportunity to tell people about Jesus. His motto was “America Bless God.” He also enjoyed roping and was a member of the National Team Roping Association and well as the National Rifle Association. He enjoyed writing poetry. He is survived by his wife, Kathy Eppers, Santa Anna; his mother, Alice Eppers, Roswell, NM; three daughters, Delane Abbott (Craig), Strawn, Texas; Jeri Richardson, Stephenville; and LaDon Wynn, Kingsland; three children that he inherited when he married Kathy; nine grandchildren, five great-grandchildren, three step-grandchildren; two brothers, Thomas Eppers, Lubbock; Robert Eppers (Jackie), Las Vegas, Nevada; one sister, Cathy Crossly (Pat), Roswell.

Billie Joyce Norman Nance June 20, 1937 – July 14, 2021

B

illie Joyce Norman Nance passed on to join her family the morning of July 14th, 2021. Joyce was born in Albuquerque New Mexico, to William Stevens Norman, and Dollie Edith Artman on June 20th, 1937. She was the second of their three daughters. She was preceded in death by her husband of 57 years, Leon, her elder sister Dorothy, and her parents. She is survived by her daughter, Sunni Nance, and her granddaughter, Summerain Nance Gothard. True to her New Mexico roots, Joyce loved Southwestern culture. She was a lifelong collector of Southwestern art and loved all things turquoise. Editor’s Note: Email caren@aaalivestock.com. Memorial donations may be sent to the Cattlegrowers’ Foundation, a 501(c)3, tax deductable charitable foundation serving the rights of ranch families and educating citizens on governmental actions, policies and practices. Cattlegrowers Foundation, Inc., P.O. Box 7517, Albuquerque, NM 87194. The New Mexico Stockman runs memorials as a courtesy to its readers. If families & friends would like to see more detail, verbatim pieces must be emailed to us, & may be printed at 10¢ per word.

AUGUST 2021

71


MADNESS << cont from page 71 We used to know what inflation was, its pernicious role in past civilizations, and how to combat it. The danger of worthless currency is a staple of classical literature from Aristophanes to Procopius. The scary fact is not just that we are destroying the value of our money—the exploding price of gas, food, appliances, lumber, power, and housing are overwhelming even Joe Biden’s entitlement machine—but that we are constructing pseudoeconomics to justify the nihilism. Right now, we witness a multitrillion-dollar fight over borrowing beyond our $30 trillion debt to build “infrastructure,” a word that has been expanded to include mostly anything but roads and bridges. What exactly is so liberal about the farmworker paying $5 a gallon for gas to commute to the fields, the small contractor doing a remodeling job with plywood at $80 a sheet, or the young couple whose loan qualification is always a month behind the soaring price of a new home?

Our People’s Military Americans during this entire descent in madness sighed, “Well, at least there is the military left.” By that, I think they meant John Brennan had all but wrecked the CIA, while James Comey, Andrew McCabe, Kevin Clinesmith, Peter Strzok, and Lisa Page, et al. had weaponized the FBI. But the military was still a bastion of traditional, nonpartisan service, whose prime directive was to defend the country, win any war it was ordered to fight, and to maintain deterrence against opportunistic enemies. It was not envisioned as a “people’s army.” It was not a revolutionary Napoleonic “nation in arms.” And it was not a “liberation army.” The Constitution, 233 years of tradition, and the Uniform Code of Military Justice all reassured America of its wonder ful defense forces. And now? We are in the process of a massive reeducation and indoctrination campaign. The revamping not only draws scarce resources away from military readiness, but targets, without evidence, the white working class, and defames it as insurrectionary—the very same cohort that disproportionately died in Afghanistan and Iraq. If only General Mark Milley, chairman of the Joint Chiefs of Staff, and Admiral Michael Gilday, chief of naval operations, had been as animated, as combative, and as fired up in congressional testimony

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about winning in Afghanistan or deterring the Chinese in the waters off Taiwan as they were in defense of their recommended lists of Marxist-inspired critical race theory texts! One purpose of the Uniform Code of Military Justice was not to prevent retired top brass from attacking beloved presidents, or even blasé ones. Its aim was to remind the country that it is the business of civilians, not pensioned retired military subject to recall in times of crisis, to galvanize opinion against loudmouth unpopular presidents like Harry Truman, Richard Nixon, or Donald Trump. The reason why the “revolving door” became a bipartisan worry was that fourstar officers had mastered the navigation of Pentagon procurement. They possessed a rare skill easily—and hugely—monetized upon retirement, and thus its use was to be discouraged wholeheartedly.

And now? The code is a mere construct. The revolving door is an advertisement for advancing to high rank. Policing the thoughts of American soldiers is apparently more important than fathoming the minds of our enemies on the battlefield.

Keep Cuba Castroite? What was so hard about understanding that Cuba since 1959 has been a Communist gulag, antithetical to human freedom and consensual government? What was so difficult about conceding that Cuba had been an ally of the nuclear Soviet Union, always egging it on to war against the United States? Yet here we are with protestors against a failed, evil state in the streets of Havana, and our own government, media, and professional classes are worried that ossified Communism in Cuba may fall. After opening the U.S. southern border to pseudo-political refugees, the Biden Administration is terrified that thousands of real ones might come to Miami in the fashion it invited millions to storm into Texas. The Biden Administration, and the Left in general, finally revealed what many of us have known: it had no real ideological view on illegal immigration. Its immigration policy was entirely utilitarian and hinged only on whether illegal immigration altered the demography of the electorate in the correct way.

The United Nations Über Alles Finally, almost all Americans used to agree that the U.S. Constitution was unique and guaranteed personal freedom in a way

the United Nations charter could not. Dozens of fascist, Communist, totalitarian, and authoritarian regimes, usually the majority of governments on earth, ensured that any General Assembly or U.N. committee ruling would parrot the views of its illiberal and corrupt members. Not anymore. Biden’s secretary of state, Antony Blinken, has invited in the U.N. to assess whether the United States meets global standards of justice or, in fact, is racist and in need of global censure: “I urge all U.N. member states to join the United States in this effort, and confront the scourge of racism, racial discrimination, and xenophobia,” he said. That is like asking Libya in 2001 to assess whether our airline pilot training met proper standards or having China adjudicate the conditions in U.S. prisons. America went from the freest country in the world in December 2019 to a repressive, and frightening place by July 2021. It went not so much hard-Left, as stark-raving mad. That abrupt descent, too, is not workable and millions will collectively decide they have no choice but to push back and conclude, “In the 233rd year of our republic, we tens of millions are not going to cede freedom of thought and expression to thousands of Maoists. Sorry, no can do.” About Victor Davis Hanson: Victor Davis Hanson is a distinguished fellow of the Center for American Greatness and the Martin and Illie Anderson Senior Fellow at Stanford University’s Hoover Institution. He is an American military historian, columnist, a former classics professor, and scholar of ancient warfare. He has been a visiting professor at Hillsdale College since 2004. Hanson was awarded the National Humanities Medal in 2007 by President George W. Bush. Hanson is also a farmer (growing raisin grapes on a family farm in Selma, California) and a critic of social trends related to farming and agrarianism.


NMDA Verifies Chile Products are Properly Labeled Verification is part of New Mexico Chile Advertising Act ew Mexico chile is famous around the state, country and world. There’s that unmistakable aroma of fresh New Mexico green chile being roasted, and of course, the unequivocal taste of New Mexico red chile enchilada sauce. Not to mention all the value-added products, such as salsa, wine, jerky, chocolate, spices and more containing New Mexico chile. “As New Mexicans, we’re proud of our chile, and if products are advertised as ‘New Mexico’ chile, we want to be sure that is indeed the case,” said New Mexico Secretary of Agriculture Jeff Witte. “The New Mexico Chile Advertising Act was created through legislation, and it’s our job at the New Mexico Department of Agriculture (NMDA) to educate our hard-working producers in the state about the act, so they are in compliance.” NMDA Standards & Consumer Services Division staff inspects fresh and processed chile products to verify they meet the criteria set forth in the act. The act states that individuals cannot advertise chile peppers or products containing chile peppers as New Mexico chile unless they were grown in New Mexico. The act also stipulates that individuals cannot use the name of any city, town, county, village, pueblo, mountain, river or other geographic feature located in New Mexico in a misleading or deceptive manner that states – or reasonably implies – that the chile peppers are, or the product contains, New Mexico chile unless they were grown in New Mexico. Currently, there are over 200 registered vendors and products, and a list may be

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f o u n d a t w w w. n m d a . n m su . e d u / new-mexico-chile-verified Both New Mexico fresh and processed chile registration forms are available at w w w. nm d a . nmsu . e du /n ew - m e x i co-chile-labeling-registration/. There is no fee to register. Once successfully registered with NMDA, vendors and products are eligible to enter the various chile competitions held in the state.

For more information, contact the NMDA Standards and Consumer Services Division at 575-646-1616 or nmchile@ nmda.nmsu.edu. To view the act in its entirety, visit www. nm da . nmsu .e du /nm da - h o m e p a g e / laws-regulations/weights-measures Following are some helpful links for vendors and producers already registered with NMDA as part of the New Mexico Chile

Advertising Act:

The New Mexico State Fair Battle of the Salsas: One of NMDA’s signature events at the State Fair, the 2021 Battle of the Salsas, will be held Saturday, Sept. 11 at the Agricultural Building. The first 150 attendees will receive a set of salsa samples, chips and a ballot, and will have the opportunity to sample many New Mexico salsas. More details to be announced soon. statefair. exponm.com

NMDA’s New Mexico—Taste the Tradition and New Mexico—Grown with Tradition logo program:

Sales • Service • Rental • Locally Owned & Operated

Sales • Service • Rental Locally Owned & Operated

Please Contact For All Your Livestock Weighing Needs 505-227-7318 • riograndescales@yahoo.com

Beau Compton Silver Tombstone, Arizona

Through NMDA’s marketing efforts, it has been discovered that strong traditions form a common thread across all New Mexico agricultural products. Whether it’s salsa, sopapilla mix, wine, green chile beef jerky, cheese, a blanket woven with New Mexico-grown wool, plant stock grown in a local nursery, or seed stock from one of the many cattle ranches in the state, all New Mexico agricultural products have a history steeped in family traditions worth emphasizing and celebrating. This is why NMDA created the NEW MEXICO—Taste the Tradition® and —Grown with Tradition® Logo Program in 2000. While the main intent of using these logos is to promote New Mexico products and identify them as grown or made in the state, the program has become so much more. There is no fee to register for this program. www.elevatenmag.com/ logo-program

The New Mexico Chile Association’s Great New Mexico Chile Taste-Off: New Mexico chile growers are invited to participate in the Third Annual Great New Mexico Chile Taste-Off in Socorro Saturday, Sept. 18. Attendees will be able to taste – and take home – a wide selection of red and green chile from around New Mexico. Comp r i s e d o f g r o w e r s , p r o ce s s o r s , manufacturers and others involved in the chile industry, the New Mexico Chile Association is a non-profit organization dedicated to ensuring that the chile industry remains and prospers in New Mexico. www.nmchiletasteoff.com

Member of the Traditional Cowboy Arts Association

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beau compton@ hotmail.com

719-661-4959


PROTECT AMERICANS NOW Join Now

P.O. Box 1204 Elephant Butte, NM 87935

www.protect americansnow.org

Freedom lies in being bold. —Robert Frost

OUR WORK TODAY FOCUSES ON THESE ISSUES › Protecting Americans from an open border

› Protecting ranching families

from Mexican wolves

› Insuring that beef is

available at an affordable price for Americans www.protectamericansnow.org • (505) 263-2015 • protectamericansnowcc@gmail.com • P.O. Box 1204, Elephant Butte, NM 87935 Protect Americans Now is a non-profit organization dedicated to affecting and changing government policy. Through careful research of better solutions designed for a brighter future for AUGUST 2021 AUGUST 2021 75 generations of Americans to come, we actively educate the public on a broad range of issues that affect them daily, either directly or indirectly.

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Aero Tech, Inc. . . . . . . . . . . 77 Ag Lands Southwest . . . . . . 61 Ag New Mexico FCS, ACA . . . 5 Ken Ahler Real Estate Co., Inc . . . . . . . . . . . . . 62 American Heritage Bank / Colten Grau . . . . . . . . . . 32 Animal Health Express . . . . 34 Josh Armstrong . . . . . . . . . 25 Bar G Feedyard . . . . . . . . . 29 Bar M Real Estate . . . . . . 61, 65 Big Mesa Realty . . . . . . . . . 64 BJM Sales & Service Inc. . . . . 69 Border Tank Resources . . . . 69 Bradley 3 Ranch, Ltd. . . . . . 66 Brennand Ranch . . . . . . . . 68 C Bar Ranch . . . . . . . . . . . 67 Caren for Ag . . . . . . . . . . . 74 Carter’s Custom Cuts . . . . . 34 Casey Beefmasters . . . . . . . 67 Cattlemen’s Livestock Auction . . . . . . . . . . . . . 52 Cauthorn & Griffin Insurance . 2 Chisholm Co., LLC . . . . . . . 15 Citizens Bank of Clovis - Moriarty . . . . . . . 46 CKP Insurance . . . . . . . . . . 11 Clark Anvil Ranch . . . . . . . . 68 Clovis Livestock Auction . . . 24 Coba Select Sires . . . . . . . . 67 Beau Compton . . . . . . . . . 74 Cox Ranch Herefords . . . . . 66 Denton Photography . . . . . 48 Desert Scales & Weighing Equipment . . . . . . . . . . . 70 Dexter Livestock Commission . . . . . . . . . . 43 Diamond Seven Angus . . . . 66 Domenici Law Firm, PC . . . . 44

EFGHIJK

Express Scales Services . . . . 14 Fallon-Cortese Land . . . . . . 64 FBFS / Monte Anderson . . . 40 FBFS Kevin Branum . . . . . . 13 FBFS / Larry Marshall . . . . . 38 Figure 4 Cattle Co. . . . . . . . 68 Farm Credit of New Mexico . . 8 Farmway Feed Mill . . . . . . . 30 Five States Livestock Auction, . . . . . . . . . . . . 53 Foundation Beefmasters . . . 66 Genex / Candy Trujillo . . . . . 66 Grau Charolais . . . . . . . . . . 66 Grau Ranch . . . . . . . . . . . . 66 Hargrove Ranch Insurance . . 73 Harrison Quarter Horses . 22, 69 Hartzog Angus Ranch . . 67, 79 Hashknife Ranch . . . . . . . . 26 Hayden . . . . . . . . . . . . . . 61 Headquarters West Ltd. / Sam Hubbell . . . . . . . . . . 61 Henard Ranch . . . . . . . . . . 44 Hi-Pro Feeds / Sendero . . . . . 4 Home on the Range Quilting . . . . . . . . . . . . . 25 Hubbard Feeds . . . . . . . . . 46 Hubbell Ranch . . . . . . . . . . 66 Hudson Livestock Supplements . . . . . . . . . 25

Hutchison Western . . . . . . . . 5 Innovative Solar Systems, LLC . . . . . . . . . . 33 Isa Beefmasters . . . . . . . 57, 66 J & J Auctioneers . . . . . . . . 20 JaCin Ranch . . . . . . . . . . . 68 J-C Angus Ranch . . . . . . . . 60 Steve Jensen . . . . . . . . . . . 58 JO Bar Quarter Horses, LLC . . 20 Ty Jones Cattle Company . . 50 Kaddatz Auctioneering & Farm Equipment . . . . . . . . . . . 70 Bill King Ranch . . . . . . . . . . 6

LMNOP

L & H Manufacturing . . . . . 49 Lazy D Ranch Red Angus . . . 66 Lewis USA Cattle Oiler . . . . 18 Major Ranch Realty . . . . 63, 65 Manzano Angus . . . . . . . . 67 McPherson Heifer Bulls . . . . 65 Mesa Lands . . . . . . . . . . . . 23 Mesa Tractor, Inc. . . . . . . 31, 70 Chas S. Middleton & Son . . . 63 Monfette Construction Co.25, 70 Paul McGillard / Murney Associates . . . . . . 64 New Mexico Beef Council . . 41 NMCGA Insurance . . . . . . . 27 NM Federal Lands Council . . 58 New Mexico Horse Breeders Association . . . . . . . . . . . 26 New Mexico Premier Ranch Properties . . . . . . . . . . . 62 NM Purina Dealers . . . . . . . 80

NMSU Animal & Range Sciences . . . . . . . . . . 50, 51 New Mexico Stockman Subscription . . . . . . . . . . 71 Old Mill Farm & Ranch Supply 3 Olson Land and Cattle . . . . 65 O’Neill Land . . . . . . . . . . . 62 Overland Stock Yard . . . . . . 60 Perez Cattle Company . . . . . 66 Pratt Farms . . . . . . . . . . . . 67 Cattle Guards / Priddy Construction . . . . . 38 Protect Americans Now . . . . 75 Punchy Cattle Company . . . 40

RS

Redd Summit Rangeland Insurance . . . . . . . . . . . . 59 Rio Grande Scales & Equipment . . . . . . . . . . 70 Tom Robb & Sons . . . . . . . . 68 Robertson Livestock . . . . . . 69 Roswell Livestock & Farm Supply . . . . . . . . . . . . . . 26 Roswell Livestock Auction Co.28 Running Creek Ranch . . . . . 67 James Sammons III . . . . . . . 63 Santa Fe Guiding Co. . . . . . 47 Santa Rita Ranch . . . . . . . . 65 Sci-Agra Inc . . . . . . . . . . . . 69 Scott Land . . . . . . . . . . . . 60 Sidwell Farm & Ranch Realty 63 6666 Ranch . . . . . . . . . . . . 19 Skaarer Brangus . . . . . . 36, 66 Joe Stubblefield & Assoc. . . . 64

United Country Real Estate / Stockmen’s Real Estate . . . 63 Suther Feeds . . . . . . . . . . . . 7

TU

T & S Manufacturing . . . . . 78 T4 Cattle Company . . . . . . . 17 TechniTrack, LLC . . . . . . . . 69 Terrell Land & Livestock Co. . 61 The Ranches . . . . . . . . . . . 36 Thompson Ranch . . . . . . . . 67 2 Bar Angus . . . . . . . . . 49, 67 United Fiberglass, Inc. . . . . . 37 USA Ranch . . . . . . . . . . . . 68

▫ ad index

ABCD

VWXYZ

Verde Real Estate . . . . . . . . 62 Virden Perma Bilt Co. . . . . . 70 W&W Fiberglass Tank Co. . . . 55 West Star Herefords . . . . . . 66 Brinks Brangus / Westall Ranch, . . . . . . 35, 68 Westway Feed Products . . . 76 White Barn Hay & Cattle . . . 46 WW - Paul Scales . . . . . . . . 13 Yavapai Bottle Gas . . . . . 45, 70 Zia Real Estate . . . . . . . . . . 64

www.aerotechteam.com

Aerial Rangeland Spraying, Wildlife Surveys, & Predator Control by Fixed-Wing & Helicopter

AERO TECH

5333 E. 21st Street, Clovis, NM 88101 Ted Stallings – (575) 763-4300 Cameron Stallings – (505) 515-1189 Denton Dowell, Sales Representative Cell (575) 708-0239 • denton@aerotechteam.com AUGUST 2021

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ANY OMP Trees C N EE s of Save! a GR ousand e we r a h We f the T Bags r e o Pap think ions of l il &M

T& S

MANUFACTURING P.O. Box 336 · Jermyn, Texas 76459

TRIP HOPPER

Range Cattle Feeders

Feed Bulk Accurately

Call Calvin Redding 940-342-2005

Don’t Wait. Don’t Be Late. Call one of these fine dealers today.

EMERY WELDING · Clayton, NM · 575/374-2723 ROSWELL LIVESTOCK & FARM SUPPLY · Roswell, NM · 575/622-9164 BELL TRAILER PLEX · Amarillo, TX · 806/622-2992 RANDY STALLS · McLean, TX · 806/681-4534 STOCKMEN’S FEED BUNK, INC. · Dalhart, TX · 806/249-5602 / Boise City, OK · 580/544-2460 DICKINSON IMPLEMENT · 1301 E Route 66 Blvd, 575/461-2740 / Tucumcari, NM 88401

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All feeders will feed in piles or steady trail feed, whichever you choose. You set the feeder to put out the number of pounds of feed per pile you want. Counter inside truck counts feed for you.

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able Bulls Avail d Year-Roun red ups of B o r G t c e l e S ailable Heifers Av Y! CALL TODA

Four Generations of Raising Angus Cattle

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Double D Animal Nutrition Cowboys Corner Lovington, NM • Wayne Banks 510 W Richey, Artesia, NM Don Spearman • 575-302-9280 575-396-5663

One Stop Feed, Inc. Clovis, NM • Austin Hale 575-762-3997

Creighton’s Town & Country Guadalupe Mountain Farm, Ranch, & Show Supplies Portales, NM Carlsbad, NM • Amber Hughes Garland Creighton 575-988-3508 575-356-3665

Roswell Livestock & Farm Supply Roswell, NM • 575-622-9164

Garland Creighton Fort Sumner, NM 575-760-6149 Dickinson Implement Tucumcari, NM 575-461-2740

Olsen’s Grain Prescott Arizona Chino Valley, Dewey, Flagstaff, Cottonwood 928-636-2321

Steve Swift Cattle Specialist 575-760-3112

lZJ.

FEED GREATNEss-

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