Off River Dredging

[jog]

Anybody doing this in Oregon? Any problems with BLM or US Forest Service with the using of water from the creeks?
I was told by BLM that I would need a permit other than my 600pm permit for diverting or using water from the stream. Found out that in Oregon, you can use 5000 Gal, of ground water a day without a permit and in Feb 18Th 1899 water rights were granted for the purpose of developing the mineral resources of the state.
When I called the state to ask about a water permit they said I needed a permit even to move water 5'. Doesn't sound like they are aware of the 1899 water rights.

 

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[Hoser John]

Your talkn' apples and oranges on land rights more and prosper. I know of a number a folks who are doing what they damn well please in all states so just make sure to have the fine,court and lawyer fees in the bank prior to taking any actions--then PARTY ON-tons a au 2 u 2 -John

 

[jog]

It is a violation to not protect any/all rights as well as property rights. Should a judge discover that an agency or an enforcement officer, for that matter, choose to not act on based on what he/she "should have known" that agency/ enforcement officer ( as an individual) then that agency/ individual is stripped of any defense.
A mining claim is considered real property.
He/she cannot dismiss a superior law in favor of enforcing an inferior law.

 

[Hoser John]

Go to the site blm/gov and you will immediately understand a claim is NOT real property,been through the courts a million times. You have mineral rights only--you pay a possessery tax on those rights every year to the county. Public has rights to camp,hunt,fish and party down unencumbered by you or yourn. We have the right to put with their noise,clean up their ungodly messes so we don't get blamed,we do anyhow, for the filth. and prosper----John

 

[jog]

"When the location of a mining claim is perfected under the law, it has the effect of a grant by the United States of the right of present and exclusive possession. The claim is property in the fullest sense of that term... The owner is not required to purchase the claim or secure patent from the United States; but so long as he complies with the provisions of the mining laws, his possessory right, for all practicable purposes of ownership, IS AS GOOD AS THOUGH SECURED BY PATENT,"

The discovery of a valuable mineral deposit within the limits of a mining claim located on public lands in conformance with State and Federal statues validates the claim. The classic statement of a mining claim as property is found in the U.S Supreme Court case of Wilber v. rel. Krushnic, 280 US 306 (1930):

 

[jog]

The right to will a mining claim to someone is based on the fact that it is considered real property.

 

[Hoser John]

OK then try to build a house on it and the truth is self evident--try to keep me off it---attempt to move me and my 12 buddies camp fulla drunk hunters and fisherman-o'ya private property-BS!!!John

 

[jog]

I understand that you can't make someone leave or build a house on a claim. I believe it all comes down to the mineral rights. That's what you own, not the land. The rights's to the minerals is real property.
I am headed over to work the claim today. On the DEQ's fact sheet it says that off river dredging is allowed with the 600pm permit. I also have a list of the water right laws and several others so we will just have to play it by ear.
Wish me luck!
Might just find out how BLM really works to manage our lands.

 

[FiresEye]

For one, posting about it on the internet can only draw attention to the subject, which may or may not be a good thing, and 2,
if a claim is ON state owned lands or if a claim is on PRIVATE property are two entirerly different matters.
Since many claims are made ON private property, these are the superiour ones, with tiny ammounts available or even worth it to pursue. THus you can build a house AND mine for gold...
On state lands, it's a mineral rights only, protestors could even lay in the way of your sluice and you couldn't legally do anything about it... Unless the water is below freezing, in which case, I hope you try to help anyone stranded int he best way possible... By law of course.
Because without law, there would be chaos.

 

[Hoser John]

WHAT 100% BS-claims are on BLM/FS/BRec. property only !!! BLM.GOV

 

[AU Seeker]

I maybe be wrong here but I have heard that if you owe a piece of private property, but you don't own the minerals rights, that someone can claim the rights, or someone does own them and can come and mine the minerals and the property owner has no legal option to stop them.

Of course this maybe a different subject then what is in question here.


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[golddust77]

to the mineral rights talk to some one who lives on old coal mine areas they knowingly or not do knot own the min. rights the person or comp. that does can put an oil pumper in there front yard and recive all the profit and you none just the sou nd of the pump. here in indiana it is always good to ask if when you buy some land if you own the minerial rights too . i have many freinds that do not //probbly off subj. just threw my dime in the pot