Oregon Miners v SB 838 New filings from the State & Amicus

[winners58]

The State and Intervenors had until August 15, 2016 to file a Response,
but instead they requested a 60-day extension and filed Responses on October 14, 2016.
The Miners Responses are being prepared, HOLY COW! that's a lot of attention to shut down a few miners.
you can find them here down the right side; Waldo Mining District ? To Preserve, Protect & Promote Mining

 

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[ratled]

It's the same play book they are using everywhere else, they use this page from the book all of the time. The same small group, with a very long reach, is out to shut us down on all fronts of mining. As you know, this has never been about mining or gold or fish or the environment , it is about power and control.

ratled

 

[Hoser John]

Once again Rights Groups and their wrongs against society as their mantra is still mine-mine-mine-alllll mine sickness pervades our society. One nation subdivided by radical perverse eco mania...facts are now fiction...sic sic sic-John

 

[wildminer]

"They" are Bates Babies and learned their trade in our fine liberal schools.

 

[jog]

The State of Oregon does not own all the water in the state, you can simply go to the Oregon DSL'S website and they will tell you what the people of the state owns and what was Granted to the state.
State-owned Waterways
river
The people of Oregon are the owners of the submerged and submersible land ("beds and banks") underlying all navigable and tidally-influenced waters. In most cases, this ownership, which was granted by the federal government when Oregon became a state, extends to the line of ordinary high water or high tide.

The State of Oregon, through the State Land Board and Department of State Lands, oversees the submerged and submersible lands under the territorial sea (i.e., oceanward to the three mile limit), tidally influenced land, and the non-tidally influenced beds and banks of 12 rivers and a number of lakes in the state.

The Department of State Lands is responsible for most of the day-to-day management of publicly owned submerged and submersible land. The revenue from leases and authorizations for waterway uses, such as marinas, docks, floating homes and wharfs, is deposited into the Common School Fund to benefit K-12 public schools throughout the state.

 

[jog]

When it comes to the 12 rivers that would only be segments of those rivers, not the whole river!

 

[benny]

Yes, the state only owns "navigable" waters on the rivers. For those 12 rivers, what was determined to be navigable was decided in court. There was a decision on the Rogue River just a few years ago. The South Umpqua for instance has been determined to be navigable to Dillard. I forget exactly which river mile it ends at. All land bordering the river upstream is owned by the adjoining property owner and the property line is set at mid-channel.

 

[Clay Diggins]

The State doesn't own any water. The people of the State own the water. That's not a small distinction.

The State has a trust obligation to ensure the waters of the State (owned by the people) are kept available for beneficial use. That means no wasted water, no impounded water that is withheld from public use and making sure any given beneficial use does not ruin the water for other members of the public.

The State does not own the beds of the navigable rivers, the people of the State do. Not just the water but the bed itself.

Before you attempt to make any decisions about the use of the public's waters or the use of a publicly owned navigable river bed you need to understand the distinction between the two. Water for mining is a beneficial use. The material on the bed of a river is not a beneficial use.

Water law is very complex and varies a lot from state to state. Until you get a grasp on the differences between water use, navigable river beds and submerged lands of the State you can easily be fooled by the different legal status of each.

Now that you know the distinction reread what jog wrote in his previous post. He describes three types of property - public water, public navigable river beds and State owned submerged coastal lands.

There are at least three other classes of property not mentioned - free water that falls on your land in the form of rain, riparian water rights and the beds of rivers or streams that are not navigable. Those are private property rights, not public or State owned.

Notice that there is another class of water use that is not mentioned. That is the ownership of the navigable interstate and international water ways by the United States. In those circumstances the laws governing their use are federal.

There's a lot more to water law but those are the basics to get you started.

Heavy Pans

 

[jog]

That is correct Clay.