Since a Class 1 Grazing Permit could only be issued if the applicant grazed livestock on the public range for at least five years prior to the enactment of the Taylor Grazing Act of 1934, the best evidence for establishing a priority date of 1929 or earlier on a BLM grazing allotment is a copy of the original application that led to a Class 1 Grazing Permit.
In the Idaho Supreme Court case Joyce Livestock Company v U.S. (February 9, 2007), the Court held that a cattle rancher can establish an in-stream water right on federal land for the watering of livestock if the rancher had authority to access the federal land to graze cattle. The Court held that such a water right becomes appurtenant to (or attached to) the "base property" or "base ranch" for which the stockwater right was established. The base property is the private land used to support the livestock at the time the water right was perfected.
When filing a claim for a previously-established water right, you must submit evidence of the date when water was first beneficially-used on the federal land. Evidence could include historical documents such as applications for grazing permits.
You must also submit evidence of the water right ownership. If the current owner of the base property is different from the owner of the base property when the water right was established, you must provide a chain of title that shows the conveyance of the base property from the original owner to the current owner. Doing so ensures that the water rights were conveyed to each new owner of the base property. If the deeds for each conveyance do not show that the water rights were withheld when the base property was conveyed, then we assume the water rights were conveyed with the base property.
For more information about the documents you need to establish proof of an existing water right, review the Checklist of Items Recommended for Each Deferred De Minimis Stockwater Use Claim.