More from the ca dfw
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diverrick
Sr. Member
- Jan 18, 2011
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The bear river park has always been non motorized since I started going there. Doesn't matter what your running. If it is powered, it is not allowed.
mytimetoshine
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- Jun 23, 2013
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I saw this coming. People were getting more and more bold with the pumps. I thought about it but for one person it's not even worth it. I knew it wouldn't be long before the man showed up. Thanks for bringing the heat guys/gals... Now it won't be long before it's hand and pans
Sent from my SAMSUNG-SM-G920A using Tapatalk
Sent from my SAMSUNG-SM-G920A using Tapatalk
goldenmojo
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This year would have bee a great year to run one with the gold that got flushed downand MyTime and I have shared many pipe dream conversations about high banking and dredging the park. They always ended with we have to keep with the rule and enjoy the fact that we can drive to the place, walk two hundred feet and collect some color. If it was on a claim that we had it would be a different story entirely.
trdking
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Sounds like someone got a little to close to that Rangers claim!
RobertF
Jr. Member
So what's the take on this doc then? You're free to highbank as long as you don't discharge? Or have a permit?
http://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/suctiondredge/highbank_faq.pdf
http://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/suctiondredge/highbank_faq.pdf
That's a FAQ Robert. It's not a law, regulation or a rule. It's a handout from 2011 that refers to a magical nonexistent permit to do what the law already allows you to do.
My take on that is when you bring a handout to a discussion about the law it's really not much different than bringing a burro to a horse race. My challenge is for you or anyone else who believes highbanking is prohibited under the law to produce the actual law that someone could be charged with. That challenge has been restated many times since this rumor was started and yet no one has produced such a law.
n01d3x posted the link to the California laws so if there is such a law I'm sure you could find it with the simple search function provided.
Heavy Pans
RobertF
Jr. Member
I don't believe the act of high banking is illegal in the criminal sense. I shared that doc as that's what I normally see brought up by those that say it is illegal. Granted, no where in that doc does it say you will be criminally charged.
Now to play devils advocate here, just because a permit is hard to get doesn't eliminate the potential civil liability for not having it.
So just because you don't get criminally cited under a mining section of California code, doesn't mean you won't end up in court. They can drag you into civil court over the purported water code violations. Yeah,
you won't end up in jail, but you'd better have a good lawyer and a big bank account.
Now to play devils advocate here, just because a permit is hard to get doesn't eliminate the potential civil liability for not having it.
So just because you don't get criminally cited under a mining section of California code, doesn't mean you won't end up in court. They can drag you into civil court over the purported water code violations. Yeah,
you won't end up in jail, but you'd better have a good lawyer and a big bank account.
The Bear River Campground\Day Use Area is a state park I believe. I am not 100% sure about your rights in a state park, but I do believe they are far more limited than that on federal public lands. I haven't done much research into state parks, but with the knowledge I have, I wouldn't run any kind of pump in a CA state park, especially one that had a posted sign saying I couldn't. If I had the desire to do so I would do the research and go from there.
As far as the Water Board and that FAQ goes, there is no Water Board regulation specifically pertaining to highbanking. That FAQ puts highbanking against current general water board regs. If you think those regs stop you from highbanking then I'm not sure how you think you can run a stream sluice, use the river water to classify, pan with it, filter water to drink, take water for camp use or basically anything that even remotely involves you removing water or any mining activity other than maybe drywashing.
As far as the Water Board and that FAQ goes, there is no Water Board regulation specifically pertaining to highbanking. That FAQ puts highbanking against current general water board regs. If you think those regs stop you from highbanking then I'm not sure how you think you can run a stream sluice, use the river water to classify, pan with it, filter water to drink, take water for camp use or basically anything that even remotely involves you removing water or any mining activity other than maybe drywashing.
Last edited:
N-Lionberger
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Bear river is a county park.
Goldwasher
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- May 26, 2009
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Yep and I bet the more the boat gets rocked...the sooner it will sink. won't be long before the Bear is Hands and Pans.
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