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Peter Freedman

Federal Mining Claims And Water Rights?

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Was it an "Act" or a "Law"?

 

The BLM refers to the General Mining Mining Act of 1872 as the "General Mining Law of 1872, as amended".

 

If, in fact, Congress had intended the General Mining Act to be "Law", they probably would have defined it as "Law".

 

- Geowizard

I'm not sure you completely understand. :lol:

 

Acts of Congress, once they are signed by the President or ten days have passed without action by the President, are laws geo. The entire process of making an Act of Congress law is known as promulgation.

 

Acts of Congress are either Public law or Private law. Public laws are the laws of the land - like the 1872 Mining Act.

 

An Act of Congress is no different than the law that is promulgated from the Act. In this republic the President and the Judiciary do not participate in the writing of laws so it is proper English usage to call laws Acts of Congress.

 

For more information about Congressional Acts, Executive Acts and Judicial Acts and how laws are promulgated (and financed) your best source of information would be the Constitution for the United States of America.

 

I hope that information helps your complete understanding?

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The either/or definition is ultra important today.  In 1872 our relatives needed to be protected from unreasonable interference by anti-mining factions in America.  Act or law needs to be defined by our highest court.  It isn't a matter of erasing or changing it's meaning when enacted in 1872.......it's about ensuring miners' viability in an ever changing society.  We miners require protection. 

 

 

 

"Rules, laws and acts are a necessary part of a society. In order to ensure the smooth running of the society, it is important that everyone knows what a person can do and cannot do. It helps everyone be treated as the same under the law. The laws and rules ensure that each individual must follow a set of guidelines and if/she ends up breaking any of those rules they must accept the consequences no matter their social standing or position. Acts and laws are actually more connected and can be considered as the same thing. However, some people may argue that they are different. Acts are what give birth to laws. Confused?"

 

 

 

We feel that the 1872 Mining Act is at this moment being tested in real time.  The need in 1872 was no less important than now.  The total value of the 1872 act has grown to be the essence of forward thinking.  I can't imagine what our small-scale opportunities will evolve into if we trash the original 1872 act/law.  

 

I believe miners can prosper if the 1872 protective measures are respected.

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Clay,

 

The CLUE you are missing is the fact that a right is given to allow FREEDOM AND LIBERTY. LAWS limit or TAKE AWAY those rights - all in the name of providing "service", "management" and "protection". What services are provided by the Forest Service? What Management is provided by the Bureau of Land Management? Is the EPA protecting the environment or protecting special interest groups? With laws, we need "law enforcement". So, we have Forest Service Law Enforcement and BLM "Rangers" patrolling their respective domains. Forest Service District Rangers act as though they are de-facto Czars ruling over their "dominion".

 

The greatest impediment to mining today is over-regulation. Regulatory compliance and pandering to special interest groups costs jobs and creates a competitive advantage for other countries.

 

- Geowizard

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Another example of a right is the "right to bear arms".

 

You don't have a right to buy ammunition. You want to do your own reloading? Can't find primers?

 

Any right that is regulated to the extent that you cannot exercise the right, is MUTE.

 

So, special interest groups lobby the legislative process and bills are introduced that become law.

 

It all seems reasonable.

 

- Geowizard 

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In viewing the link above to the State of Idaho dredging laws;

 

Idaho has an invasive species Law.

 

Dredgers are required by LAW to decon (decontaminate) their dredges before using them if they were used elsewhere outside of the State.

 

See www.100thmeridian.org for the recommended methods of decontamination.

 

Never mind visitors from over the past 200 years since Lewis and Clark that have used the water.

 

Never mind the Sturgeon that come up the Columbia River to the Snake River.

 

Never mind the migratory water foul... :)

 

- Geowizard

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With reference to the original question;

 

A mining claimant may have more than one mining claim in a group of claims. Surface water could reasonably be pumped from a water source on one claim to another claim. There is always a question of what is reasonable and approval for diversion of water comes under the permitting process. Every mining operation that uses water in a high banking process requires water to be pumped from a creek or river to the high banking site. Usually, settling ponds are used to allow sediments to settle before water is returned to the source. In some cases, the water is absorbed into the surrounding earth. From the information above, it's easy to see that each state has different requirements for suction dredging and the use of water. So, the answer to the question of water use is subject to the activity involved and the restraints imposed by the permitting process.

 

- Geowizard

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"So, the answer to the question of water use is subject to the activity involved and the restraints imposed by the permitting process."

 

Right.

Suction dredge mining is an activity, not a right to mine.  I fail to understand how come the permitting process can, in our case, arbitrarily impose the degree of restraints which have prohibited the best and safest for our environment, method of suction mining.   The reasonable intent is to regulate not restrict.  The current fraudulent accusations from the anti-mining crowd have been refuted and rendered moot.  3 EIR reports prove my point.  Digging up and revealing the actual intent of of the prohibition seems to indicate non-environmental issues.

 

 

 

 

 

Moot not mute.

Mute point and moot point is a commonly misunderstood phrase. Mute means to silence or quiet. Moot means impractical or irrelevant. A moot point means that the issue isn't up for debate and is irrelevant as the outcome has already been determined. There is no phrase of mute point. The correct terminology is moot point. dictionary.reference.com

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Rod,

 

I thought about the difference before I wrote it.

 

Your point is "moot". My point is not moot. The right is mute i.e. the right cannot be voiced. It remains "mute".

 

Mute, in the legal sense that the right has no voice and will not speak for us.

 

- Geowizard

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Peter,

 

A water use permit would be part of a Plan of Operations on National Forest Domain. The District office would have a copy of a Plan of Operations.

 

Also, I have found District office websites that have information on "SOPA"'s Status Of Plan Applications. Look at the SOPA for the National Forest District.

 

- Geowizard

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Did more research into this. I did not not realize there was a water court for Colorado. I contacted them and they gave me the basic options. https://www.courts.state.co.us/Courts/Water/Index.cfm . In my case it will be more economic to have a paid water truck come to the site, then to go through the motions of a permit. Which can be lengthy. 

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