In Colorado, which operates as an open range or “fence-out” state, livestock owners generally have the right to let their animals roam, meaning landowners must fence animals out if they don’t want them entering their property. However, while this rule supports livestock owners’ rights, it doesn’t provide a blanket license for a person to intentionally run cattle on others’ fenced or enclosed property.

From what you’ve described, it sounds like there is a large, jointly-fenced area that incorporates multiple 40-acre lots, with some individual owners fencing their parcels within the larger fenced area. The question of legality depends on a few key issues:

1. Right to Graze: Simply put, the gentleman does not have an inherent right to graze his cattle on land he does not own. Without an easement, grazing lease, or some form of agreement (known as a license) with the landowners, he cannot legally use the property for grazing. The principle of open range law doesn’t override the need for consent to use someone else’s fenced or enclosed property. Therefore, if the cattle are being purposefully directed onto your jointly fenced land, he could be overstepping his rights.

2. Fencing Requirements and Liability for Damages: Under Colorado’s fence-out law, if you want to prevent cattle from entering, you would generally need to construct a sufficient fence. However, if the cattle cause harm to your land—such as trampling crops or damaging property—the owner could still be held liable for damages. Colorado law doesn’t typically include minor nuisances like grazing on native grasses or minor waste left behind, but it could cover damage to developed or cultivated areas.

3. Water Rights and Access: Water rights in Colorado are legally complex and are typically allocated separately from the land itself. If the irrigation ditch is on another party’s property and the gentleman does not have water rights, allowing his cattle to drink from it may constitute a violation. The owner of the ditch or the water rights holder could have grounds to address this unauthorized use, as water rights are strictly managed and enforced in Colorado.

To sum up, while Colorado is a fence-out state, this gentleman doesn’t have the right to intentionally graze his cattle on private, enclosed land without permission. Addressing this could involve clarifying each landowner’s intentions regarding shared fences and confirming the legal water rights for the irrigation ditch. I would suggest speaking with an attorney. If you would like a case assessment please call us at (303) 688-0944 and ask for a consultation with attorney Steve Whitmore, who has experience in these matters.