Is none motorized dredging or high banking legal in California

[et1955]

If you can't use a motor " within a 100ft of the water way" can you use a water wheel to drive the pumps needed to run such equipment. Easy to build. I know electric and gas motors are not allowed. Maybe it is time to think out of the box.

 

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[ratled]

Do they have it in writing anywhere in their rules and regs? As I still use a 2 inch pump for my power sluice...
Cause I have the water rights.

5653.9 possession of a suction dredge within 300' of a closed waterway.....one of the two items Brandon was cited for. You would probably be cited for 5653.1 dredging w/o a permit - the other item Brandon was cited on.

There are several other items you could also cited for if you the officer decides to tack on additional charges. Some folks over the last two years have had these additional items on their citations.

ratled



ratled

 

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[Hefty1]

You can still use a water pump and motor to blow your gravel off bedrock. You guys are running from your own interpitations that they MIGHT come up with....quit givin em fuel.

 

[Hefty1]

5653.9 possession of a suction dredge within 300' of a closed waterway.....one of the two items Brandon was cited for. You would probably be cited for 5653.1 dredging w/o a permit - the other item Brandon was cited on.

There are several other items you could also cited for if you the officer decides to tack on additional charges. Some folks over the last two years have had these additional items on their citations.

ratled


ratled

A power sluice...High Banker Pumpin water to them...hand feed gravels.

 

[Jeff95531]

You can still use a water pump and motor to blow your gravel off bedrock. You guys are running from your own interpitations that they MIGHT come up with....quit givin em fuel.

Hey buddy. When I do manage to get out, it truly is like a poker game here in CA. I didn't write the book but I know how the story goes. Even tho it is a lot of live and let live here...it can all go sour in a second. I wish it were different, but sadly its not.

 

[ratled]

A power sluice...High Banker Pumpin water to them...hand feed gravels.

Yes but you have a motor for that pump and therefore, as per SB 637 that changed the definition of a dredge, you have a dredge for the state of CA. All water in the state of CA are closed.

ratled

 

[ratled]

You can still use a water pump and motor to blow your gravel off bedrock. You guys are running from your own interpitations that they MIGHT come up with....quit givin em fuel.

Not according to the state, that would be a motorized system. This is not our own interpretations, but that of the DFW and they have instructed their LEOs to act on that as such.

ratled

ratled

 

[Hefty1]

CDFW

Under new state law effective January 1, 2016, the use of vacuum or suction dredge equipment is defined to mean the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals.

Well then how about I pump water to tanks...then later drain them tanks...
But gravity dredges are ok...

This is really stupid.

 

[Hefty1]

Not according to the state, that would be a motorized system. This is not our own interpretations, but that of the DFW and they have instructed their LEOs to act on that as such.

ratled

ratled

Then those interpitations should be defined outlined in the law. For the common man to understand, other wise how can it be held up in court if the man doesn't understand what the laws are? Or something to that affect

 

[Hefty1]

Not according to the state, that would be a motorized system. This is not our own interpretations, but that of the DFW and they have instructed their LEOs to act on that as such.

ratled

ratled

I am lookin for fishing weights...

 

[Hefty1]

Ok... I guess I will have to go to 3 or 4 inch pvc pipe...or flex hose...gravity dredge works...I will have 2 pallets of pipe flown in by helo, or brought in my truck, and carried in.

Oh Oh, cant do that....Helo, is motorized, My truck is motorized, and they would be assisting.

 

[ClaimStake]

Hefty1 you are very much correct.

like I said if this were to be taken to court. a good lawyer would be able to point out the fact that part of the code is a run on sentence.

each part of the whole must be taken together not separately.

 

[Goldwasher]

Hefty no one is saying you are wrong ot telling you what you can't do......other than the state and f&w.....or that we back it

..or will put effort into busting you....like I told victor...just trying to make a point

 

[ClaimStake]

how the english is used defines the codes structure, and gives self explanation for how the code is to be interpreted.

it's the same thing with computer programming. how things are structured defines how things operate.

 

[ClaimStake]

if the structure is to be disregarded than it is impossible to interpret.

 

[Hefty1]

Well all of our trucks and cars carrying pans and sluices, shovels within 300 ft of water are now considered DREDGES. If the law is not defined. Well see you all in Jail. I hate orange.

 

[Hefty1]

Guys....I am just havin fun with this....I know what the laws are...just showin how crazy this is. Guess I m bored.

 

[ClaimStake]

it's sad.

logging/checkerboarding inhibits forest fires.

and dredging cleans the waterways.

I say ter' er' up.

but we get treated like criminals.

 

[ClaimStake]

Guys....I am just havin fun with this....I know what the laws are...just showin how crazy this is. Guess I m bored.

 

[Jeff95531]

I am lookin for fishing weights...

First LOL of the day Hefty1! TYVM!!

 

[Jeff95531]

Then those interpitations should be defined outlined in the law. For the common man to understand, other wise how can it be held up in court if the man doesn't understand what the laws are? Or something to that affect

That is PRECISELY why they are written that way. When I was a newbie LEO in front of one of several magistrates....one in particular...was in my face about every nuisance of the code. I even pre-empted him based on him being prejudicial. Finally, he just stated the definitions in my code were lacking therefore unenforceable and proceeded to dismiss each of my citations. Until that is, I wrote the definitions and buried em in code and got it passed by the assembly and the State adopted it as written and well...let's just say after all was said and done, he made me a pretty damm good prosecutor.