76-16-401. Distribution of grazing preferences. When a state district is organized, grazing preferences must be distributed in the following manner:

(1) Any member of a state district owning or controlling dependent commensurate property may be given a grazing preference.

(2) If the carrying capacity of the range exceeds the reasonable needs of the members owning or controlling dependent commensurate property, members owning or controlling commensurate property shall have the grazing preference.

(3) If the carrying capacity of the range exceeds the reasonable needs of the members owning or controlling dependent commensurate property or commensurate property, temporary grazing permits may be issued to nonmembers or members, preferring those that have used the range 5 years immediately preceding the organization of the state district.