An arbitration panel exceeded its legal authority in awarding Hot Springs County rancher Josh Longwell $349,730 for stock lost to grizzly bears and other predators, the Wyoming Game and Fish Department has told a district judge.
In an application to modify or vacate the arbitration panelโs decision, a state attorney wrote that the three-member board should have given Longwell only $134,444, a difference of $215,286. The February court filing asks the judge to reduce the award or vacate the panelโs decision and appoint a new arbitration board.ย
The application by Senior Assistant Attorney General David DeWald claims that two arbitrators effectively exceeded their powers, that the award contravened regulations and that the monetary award was unlawful, among other things. The application addresses the award the panel settled on with a 2-1 vote after a day-long hearing Jan. 27, 2020, in Thermopolis.
Longwell submitted a claim to the Game and Fish Department for $422,971 for stock losses in 2018. The agency awarded $89,498, citing rules and regulations that set compensation based on confirmed kills and multipliers that account for unrecovered losses. Longwell appealed to the agencyโs governing commission, which rejected his claim again, sending the matter to a Hot Springs County arbitration board.
Longwell is preparing a response to the stateโs court action, he told WyoFile. The stateโs compensation system vastly under-compensates ranchers for their losses, the rancher has told the Game and Fish Commission and the arbitration board in separate, emotional appeals. Instead of paying stock growers up to three-and-a-half times the value of an animal for every confirmed loss, the remuneration should be up to 20 times, he argued.
โThe intent of the law is to pay the damage,โ he told WyoFile. โThe way the Game and Fish is doing business is not right.โ
The arbitration panel came up with what it felt was fair compensation, he said. โItโs not just about dead calves, itโs about paying full damage.โ
2018 eruption
Longwellโs troubles with predators erupted in 2018 on the HD Ranch he manages for his father-in-law along Owl Creek west of Thermopolis. The ranchโs private property intermingles with public lands and stretches for more than 20 miles from the creek-bottom ranch headquarters to hills on the border of the Shoshone National Forest.
The ranch operates on the lowlands during the winter and grazes stock higher up during the summer. Longwell raises sheep and cattle.

Conservationists fear Longwellโs 2013 introduction of sheep to the public/private range is an ecological time-bomb that could decimate the largest metapopulation of bighorn sheep in the lower 48 through disease transmission. Some have accused Longwell of holding the wild sheep hostage, using the prized herd as a bargaining chip in his dealings with the state, claims which Longwell has denied.ย
The rancher called Game and Fish repeatedly in 2018 to report stock kills by predators. Wildlife officials responded to document and confirm, when possible, whether and what type of predator killed the stock, the type of stock killed and the setting in which the predation took place.
Those elements play into the formulas the agency uses to determine what compensation it should make to the stock owner. The Wyoming Legislature empowered the Game and Fish Commission to regulate compensation after lawmakers ceded the departmentโs sovereign immunity โ a legal construct that insulates governments from claims โ in the cases of depredation by big and trophy game animals.
Game and Fish rules allow various amounts of compensation, according to circumstances. For calves confirmed killed by a grizzly bear on open range, for example, Game and Fish rules allow compensation at a rate of three-and-a-half times the calfโs value. Derived from studies, stock-ownersโ experience and other information, the compensation formula seeks to account for undiscovered losses that are probably the result of predator depredation.
For the multiplier, the formula requires that the rancher be short those three and a half animals at the end of the season, an accounting the department takes on face value from ranchersโ reports.
In different landscape settings, the multiplier changes or is not applied. Losses in a pasture where carcasses are easily discovered, for example, would not carry a multiplier.
Longwellโs multiplier
Longwell based part of his claim on a multiplier of 20 for some lost calves. He also claimed a multiplier for sheep where department rules donโt allow one. He has cited a paper and study that supports a higher multiplier than what the Game and Fish uses.
In front of the arbitration panel and Game and Fish Commission he justified the higher multiplier in part because of costs โ from fuel to time and loss of stock weight โ caused by predatorsโ harassment.

โPutting a multiplier on the calf is the only way I can [recoup] that,โ Longwell told the panel. โThis is the only avenue I have to get my money back.โ
One Game and Fish official told the panel Wyomingโs compensation model was โprobably the most liberal compensation program in the world.โ
The two sides disagreed on other aspects of Longwellโs claim, but none with as much at stake as the calf multiplier. The department confirmed the predatory loss of 13 steer and seven heifer calves. It determined the three-and-a-half factor could be applied to those because of the open-range setting and Longwellโs tally of 294 calves missing at the end of the 2018 season.ย
Game and Fish and Longwell valued steer calves at $936 each and the heifers at $758 each.
โMr. Longwell argued that he should be awarded a 20 times loss multiplier for his calf losses to โsend a message to the stateโ and โsend a message down here to Cheyenne,โโ the stateโs recent court filing reads. โIn his opening statement Mr. Longwell told the [arbitration] Board, โthe compensation ratios they use are out of line. They might have worked 25 years ago, but they don’t work today.”
The arbitration boardโs verdict form, signed by only two of the three members, did not apply a multiplier to Longwellโs losses but did award him far more than the Game and Fish allowed. Each side in the dispute picked one panel member, and those picked a third. All came from the roll of registered Hot Springs County voters.
โThe Board simply took all the calves Mr. Longwell claimed were missing or lost during 2018 in addition to the losses confirmed by the Department, and compensated him for that amount,โ the stateโs court filing states.ย
โAfter the Department argued the Board was without authority under the regulation to give Mr. Longwell a 20 times loss multiplier, the Board reached functionally the same result [as using a multiplier] by awarding Mr. Longwell the value of every calf he claimed was missing,โ the state wrote.
โThe Board deviated from the regulation which has the force and effect of Wyoming law when it awarded a higher amount for calf loss that was unsupported by the undisputed facts,โ the state filing reads. โIn doing so, the Board apparently accepted Mr. Longwell’s argument that it should ignore the law to โsend a message to the State,โโ the filing reads.
โ[I]t was not the role of the Board to determine what the law should be โ its role was limited to apply what the law provides,โ the state wrote.
Another season underway
The state filed its application in Hot Springs County District Court where District Judge Bobbie Overfield in late May reassigned the case to District Judge Bill Simpson in Cody. The case and files, however, remain in Hot Springs District Court.
As Longwellโs claim and appeals work their way through the system, the rancher said heโs starting to see another season of depredation. โIโve got yearling steers killed this year by grizzly bears,โ he told WyoFile. โSeven years later [since predation began] weโre still in the same boat.โ
Game and Fish has confirmed one kill this year, he said, and the hide of another steer is being examined by investigators.
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Last year the HD Ranch suffered between $50,000 and $70,000 in losses, he said. But Longwell missed the claims-filing deadline for the 2019 season, he said, and wonโt see any compensation for those losses. The claims and appeals process have delayed any payment for his 2018 losses, he said.
Longwell believes heโs fighting not only grizzly bears but the system, he said.
โThe deep state in Wyoming is as big as it is in Washington,โ he said. โWeโre going to put them on notice the grizzly bears are trespassing on private property. Theyโre taking private property โ my grass, my sheep, my cattle.โ
โ Leo Wolfson of the Cody Enterprise contributed to this report.

Dont reduce the award
20 x multiplier? Lost almost 300 cows? Someone needs to be a better rancher. In a conversation with an agent who’s job it is to investigate losses and award claims I quote, “This is the most abused program we have.”
The only predator here is the rancher who allows cows to take over our public lands. Destroy the lands, kill wildlife in their habitat and whine that he is not getting enough money for any losses.
None of us really own the land, we are only paying rent until we are laid to rest. The loss of revenue is going to have a significant impact on every aspect of how we have been used to life in Wyomming.
Peace
Dave Racich
He’s running cows and sheep on public lands where grizzly bears and other predators roamed long before this ranch ever decided to setup shop there. IMO, livestock losses on public lands should be the cost of doing business, especially since grazing fees have barely increased in nearly 60 years ($1.23/AUM/HM in 1966 vs $1.35 today). If you adjust for inflation, grazing fees should be nearly $10/AUM/HM). His claim is a joke, and the arbitration panel is a bigger joke (at least 1 out of the 3 said “no”).
He claims he’s not getting fairly compensated? Even under the initial judgement he’s getting 3x the animal value. I sure as hell wish my insurance policy worked that way.
Typical hand-out rancher that likely hates big government….
I think that sums up pretty well my opinion on this. If you canโt make a living without taxpayers subsidies, you should do something else. Beef is great. I love beef. But it should be priced at what it cost without government subsidies. People would probably eat less beef. But they might enjoy it more.