Highbanker on Private Property in California?

[JcJ]

Hi all, I own 20 acres in northern California. Is it against the law to run a highbanker & Trommel on my private property? Seasonal creek/stream? I own minerals rights as well, not sure if that makes a difference or not.
Thanks!

 

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[vpnavy]

I searched Google and found Can I use a highbanker or power sluice to recover gold? (California State Water Resources Control Board (.gov)) and then I searched

and found...

Highbanking in California, some questions (Dec 5, 2019)

California Mining Laws Info for Noobies (Apr 14, 2017)​

 

[JcJ]

I searched Google and found Can I use a highbanker or power sluice to recover gold? (California State Water Resources Control Board (.gov)) and then I searched

and found...

Highbanking in California, some questions (Dec 5, 2019)

California Mining Laws Info for Noobies (Apr 14, 2017)​

Thanks for the info but that seems to still not answer my question of doing so on private property and owning mineral rights.

 

[ihatethese]

Thanks for the info but that seems to still not answer my question of doing so on private property and owning mineral rights.

Generally speaking, the city/state owns mineral rights to privately owned property such as home real estate land... Mining claims usually have to be on state land, not owned land (private property). Not to say you can't own the land that a claim is on, but that land is usually patented. That is not to say you can't mine your own land. so long as you are following the law for acceptable equipment ( if it's not on an official claim, I'd avoid commercial equipment) and your runoff is contained within the requirements of your area, then I see no issues. If it's dredging, I'd be sure it's allowed in your area and within season to do so as well and get all required permits. if you have utilities on the property, I'd have them located first.

 

[ihatethese]

just re-read your original post, sorry i should maybe not smoke so much.

Hi all, I own 20 acres in northern California. Is it against the law to run a highbanker & Trommel on my private property? Seasonal creek/stream? I own minerals rights as well, not sure if that makes a difference or not.
Thanks!

If you own mineral rights, No. It is perfectly within your rights.
Pumping water, however, is a different story. You will need permits for that, and I'm sure they will want to tell you what's acceptable to do with your runoff as well as when you are allowed and how much you are allowed.
Its different who controls these permits in every state, in Alaska its the Dep. of Fish and Game. Im sure its the California Equivalent who controls those permits down there.

 

[Ohiogoldfever]

I would think a fella could get away with doing as he pleases on his own land as long as your being responsible and thus not drawing attention to yourself.

Sometimes reasonable men have to do unreasonable things. Though in this case it’s not unreasonable to do a bit of hobby mining on your own property. I mean, you could take a massive in the middle of a busy intersection and that’s cool as far as the law is concerned.

To a degree they can pack sand as far as I’m concerned.

 

[ihatethese]

I would think a fella could get away with doing as he pleases on his own land as long as your being responsible and thus not drawing attention to yourself.

Sometimes reasonable men have to do unreasonable things. Though in this case it’s not unreasonable to do a bit of hobby mining on your own property. I mean, you could take a massive in the middle of a busy intersection and that’s cool as far as the law is concerned.

To a degree they can pack sand as far as I’m concerned.

I don't disagree with you, but perhaps you missed where he said he's in California. Not only does the government there not care about your rights they pack a whole lot more than sand....

 

[Ohiogoldfever]

I don't disagree with you, but perhaps you missed where he said he's in California. Not only does the government there not care about your rights they pack a whole lot more than sand....

Yes sir I caught that part. When they cross the line it’s the duty of the citizen to resist even if that only means disobeying ridiculous laws.

Don’t get me wrong. If you were talking about public land I would feel differently. People who have been irresponsible are often the reason the rest of us are subject to ridiculous regulation. Though we all know you can’t comply your way out of tyranny. California I clearly leading they way in that.

OP I wish you the best. Maybe use a pop up tent with so king Gavin can’t give you a colonoscopy while you enjoy the land you’ve paid for.

 

[Clay Diggins]

I think a look at current California law will answer your question.

2022 California Code
Public Resources Code - PRC
DIVISION 3.5 - MINES AND MINING
CHAPTER 3 - Placer Mining Water Pollution
Section 3964.​

3964. No placer mining operator shall mine by the placer process on any stream or on the watershed of any stream tributary directly or indirectly to the Sacramento River or the San Joaquin River without taking both of the following precautions to prevent pollution of the stream by the effluent from his or her operations:

(a) Constructing a settling pond or ponds of sufficient size to permit the clarification of water used in the mining processes before the water is discharged into the stream.

(b) Mixing with the effluent from mining operations aluminum sulphate and lime, or an equivalent clarifying substance which will cause the solid material in the effluent to coagulate and thus avoid rendering the water in the stream unfit for domestic water supply purposes.

(Added by Stats. 1988, Ch. 259, Sec. 11.)

You can read the rest here:

2015 California Code :: Public Resources Code - PRC :: DIVISION 3.5 - MINES AND MINING :: CHAPTER 3 - Placer Mining Water Pollution

law.justia.com

 

[N-Lionberger]

Thanks Clay!

 

[southfork]

It's funny that they allow treated sewage to be dumped the length of both of those rivers. But they clarify the waste first.