The attack to shut down Oregon suction dredging has begun

[Hefty1]

LC2125_DRAFT_2013_Regular_Session.pdf (62KB)

 

[Hefty1]

LC2125_DRAFT_2013_Regular_Session.pdf (62KB)

LC 2125​

2013 Regular Session11/21/12 (DLT/ps)​

D R A F T​

SUMMARY​

Prohibits placer mining using any form of motorized equipment or motorized dredge. Punishes by maximum of one year’s imprisonment, $6,250 fine,or both.Declares emergency, effective on passage.​

A BILL FOR AN ACT​

Relating to placer mining; creating new provisions; amending ORS 196.910and 390.835; and declaring an emergency.​

Be It Enacted by the People of the State of Oregon:SECTION 1. (1) Placer mining using any form of motorized equipmentor motorized dredge is prohibited in this state.(2) Subsection (1) of this section does not apply toa) Prospecting described in ORS 390.835.(b) Prospecting described in ORS 196.810.(c) Prospecting, small scale mining and recreational mining described in ORS 517.120 to 517.133.(3) Violation of subsection (1) of this section is a Class Amisdemeanor.

SECTION 2.​

ORS 196.910 is amended to read:196.910. The Department of State Lands shall1) Monitor removal and fill activities, including but not limited to prospecting[and placer mining], within designated essential indigenousanadromous salmonid habitat areas to determine the effects of such activities on salmonid spawning and rearing habitat and compile the results in an annual report.​

NOTE:​

Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.New sections are in boldfaced type.
​

(2) Cooperate with the State Department of Fish and Wildlife and other

interested parties to develop and distribute public education and information materials designed to increase understanding and awareness of permit requirements and acceptable removal and fill practices related to prospecting[​

and placer mining].(3) Report periodically to the appropriate legislative committee on the progress of the Department of State Lands in implementing ORS 196.810.​

SECTION 3.​

ORS 390.835 is amended to read:390.835. (1) It is declared that the highest and best uses of the waters within scenic waterways are recreation, fish and wildlife uses. The free flowing character of these waters shall be maintained in quantities necessary for recreation, fish and wildlife uses. No dam, or reservoir, or other water impoundment facility shall be constructed on waters within scenic waterways. No water diversion facility shall be constructed or used exceptby right previously established or as permitted by the Water Resources Commission, upon a finding that such diversion is necessary to uses designated in ORS 536.310 (12), and in a manner consistent with the policies setforth under ORS 390.805 to 390.925. The Water Resources Commission shall administer and enforce the provisions of this subsection.(2) Filling of the beds or removal of material from or other alteration ofthe beds or banks of scenic waterways for purposes other than recreational prospecting not requiring a permit shall be prohibited, except as permitted by the Director of the Department of State Lands upon a finding that such activity would be consistent with the policies set forth under ORS 390.805to 390.925 for scenic waterways and in a manner consistent with the policies set forth under ORS 196.800 to 196.825 and 196.845 to 196.870 for removal of material from the beds and banks and filling of any waters of this state. The Director of the Department of State Lands shall administer and enforce the provisions of this subsection.(3)(a) Upon a finding of emergency circumstances, the Director of the Department of State Lands may issue a temporary permit for the removal,filling or alteration of the beds or banks within a scenic waterway. The temporary permit shall include conditions developed after consultation withthe State Department of Fish and Wildlife and the State Parks and Recreation Department.(b) As used in this subsection, “emergency circumstances” exist if prompt action is necessary to prevent irreparable harm, injury or damage to persons or property.(4) Any person adversely affected or aggrieved by the grant or denial of a permit under subsection (2) or (3) of this section may appeal in accordance with the procedure set forth in ORS 196.835.(5) Nothing in ORS 390.805 to 390.925 affects the authority of the StateFish and Wildlife Commission to construct facilities or make improvementsto facilitate the passage or propagation of fish or to exercise other responsibilities in managing fish and wildlife resources. Nothing in ORS 390.805 to390.925 affects the authority of the Water Resources Commission to construct and maintain stream gauge stations and other facilities related to the commission’s duties in administration of the water laws.(6) Upon a finding of necessity under subsection (1) of this section, the Water Resources Commission may issue a water right for human consumption not to exceed 0.005 cubic feet per second per household, or livestock consumption uses not to exceed one-tenth of one cubic foot per second per 1,000 head of livestock, as designated in ORS 536.310 (12) within or above a scenic waterway if the Water Resources Commission makes the following findingsa) That issuing the water right does not significantly impair the free flowing character of these waters in quantities necessary for recreation, fish and wildlife.(b) That issuing the water right is consistent with provisions pertaining to water appropriation and water rights under ORS chapters 536 and 537 and rules adopted thereunder.(c) That construction, operation and maintenance of the diversion system will be carried out in a manner consistent with the purposes set forth in ORS390.805 to 390.925.(d) If the water right is for human consumption, an additional findingthatA) The applicant cannot reasonably obtain water from any other source;(B) Denial of the water right would result in loss of reasonable expectations for use of the property; and(C) The system installed to divert water shall include monitoring equipment to permit water use measurement and reporting.(e) If the water right is for livestock consumption, an additional finding thatA) The right is necessary to prevent the livestock from watering in or along the stream bed;(B) The applicant cannot reasonably obtain water from any other source;and(C) The applicant has excluded livestock from the stream and its adjacent riparian zone.(7) In making the findings required under subsection (6) of this section,the Water Resources Commission shall consider the existing or potential cumulative impacts of issuing the water right.(8) The Water Resources Commission may not allow human consumption and livestock uses authorized under subsection (6) of this section in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unlessa) The Water Resources Commission, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Department of State Lands unanimously agree to exceed that amount; and(b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish andwildlife.(9)(a) The provisions of this section shall not apply to a water right application for the use of ground water as defined in ORS 537.515, except upon a finding by the Water Resources Director based on a preponderance of evidence that the use of ground water will measurably reduce the surface waterflows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife.(b) The Water Resources Department shall review every application for the use of ground water to determine whether to make the finding specified in paragraph (a) of this subsection. The finding shall be based upon the application of generally accepted hydrogeologic methods using relevant and available field information concerning the proposed use.(c) In making the determination required by paragraph (a) of this subsection,the Water Resources Department shall consider the timing of projected impacts of the proposed use in relation to other factors, including but not limited to: Changing climate, recharge, incidental precipitation,out-of-stream appropriations and return flows.(d) If the Water Resources Director makes the finding specified in paragraph(a) of this subsection, the Water Resources Director shall issue an order denying the application unlessA) Mitigation is provided in accordance with subsection (10) of this section;or(B) The applicant submits evidence to overcome the finding under paragraph(a) of this subsection.(e) Except as provided under subsection (13) of this section, if the WaterResources Director does not make the finding specified in paragraph (a) ofthis subsection, the Water Resources Director shall issue an order approvingthe application if the application otherwise meets the requirements of ORS537.505 to 537.795.(f) A protest of any order issued under this subsection may be filed in thesame manner as a protest on any application for a right to appropriateground water.(g) Each water right permit and certificate for appropriation of groundwater issued after July 19, 1995, for which a source of appropriation is withinor above a scenic waterway shall be conditioned to allow the regulation ofthe use if analysis of data available after the permit or certificate is issueddiscloses that the appropriation will measurably reduce the surface waterflows necessary to maintain the free-flowing character of a scenic waterwayin quantities necessary for recreation, fish and wildlife in effect as of thepriority date of the right or as those quantities may be subsequently reduced.(h) Nothing in this subsection shall limit the use of ground water for ause exempted under ORS 537.545.(10) The Water Resources Commission or Water Resources Director shallconsider mitigation measures and may include mitigation measures as conditionsin any water right permit or certificate to ensure the maintenanceof the free-flowing character of the scenic waterway in quantities necessaryfor recreation, fish and wildlife.(11) The Water Resources Commission and the Water Resources Directorshall carry out their responsibilities under ORS 536.220 to 536.590 with respectto the waters within scenic waterways in conformity with the provisionsof this section.(12) As used in this section, “measurably reduce” means that the use authorizedunder subsection (9) of this section will individually or cumulativelyreduce surface water flows within the scenic waterway in excess of a combinedcumulative total of one percent of the average daily flow or one cubicfoot per second, whichever is less, unlessa) The Water Resources Department, the State Parks and RecreationDepartment, the State Department of Fish and Wildlife, the Department ofEnvironmental Quality and the Department of State Lands unanimouslyagree to exceed that amount; and(b) Exceeding that amount will not significantly impair the free-flowingcharacter of these waters in quantities necessary for recreation, fish andwildlife.(13) Before authorizing an appropriation that will reduce streamflowswithin a scenic waterway in amounts up to but not exceeding the amountsdescribed in subsection (12) of this section, the Water Resources Directorshall finda) That the appropriation will not significantly impair the free-flowingcharacter of these waters in quantities necessary for recreation, fish andwildlife.(b) That the appropriation is consistent with provisions pertaining towater appropriations and water rights under ORS chapters 536 and 537 andthe rules adopted thereunder.(c) That construction, operation and maintenance of the appropriationwill be carried out in a manner consistent with the purposes set forth in ORS390.805 to 390.925.(14) No placer mining shall be permitted on waters within scenicwaterways [other than recreational placer mining].(15) No person shall be required to obtain a permit for recreationalprospecting resulting in the fill, removal or other alteration of less than onecubic yard of material at any one individual site and, cumulatively, not morethan five cubic yards of material from within the bed or wet perimeter ofany single scenic waterway in a single year. Recreational prospecting shallnot occur at any site where fish eggs are present.[(16) No provision of this section shall be construed to exempt recreationalplacer mining on a scenic waterway, other than recreational prospecting notrequiring a permit, from compliance with the provisions of ORS 196.800 to196.825 and 196.845 to 196.870 or rules adopted pursuant to ORS 196.800 to196.825 and 196.845 to 196.870.][(17) Recreational placer mining, other than recreational prospecting notrequiring a permit, shall not:][(a) Dam or divert a waterway or obstruct fish passage;][(b) Include nozzling, sluicing or digging outside the wet perimeter of thestream, nor extend the wet perimeter;][(c) Include movement of boulders, logs, stumps or other woody materialfrom the wet perimeter other than movement by hand and nonmotorizedequipment;][(d) Involve the disturbance of rooted or embedded woody plants, includingtrees and shrubs, regardless of their location;][(e) Include excavation from the streambank;][(f) Fail to level pits, piles, furrows or potholes outside the main channelof the waterway upon leaving the site;][(g) Include operation of a suction dredge without a suction dredge wastedischarge permit from the Department of Environmental Quality including, butnot limited to, a prohibition against dredging during periods when fish eggscould be in the dredging site gravel;][(h) Be conducted on federal lands except as allowed by agencies of thefederal government;][(i) Impede boating;][(j) Include operation of a dredge between the hours of 6 p.m. and 8 a.m.within 500 feet of a residence or within 500 feet of a campground except withina federally designated recreational mining site; or][(k) Include operation of a dredge within the marked or posted swimmingarea of a designated campground or day use area except within a federallydesignated recreational mining site.][(18)] (16) As used in this sectiona) “Bed” means the land within the wet perimeter and any adjacentnonvegetated dry gravel bar.(b) “Prospecting” means to search or explore for samples of gold, silveror other precious minerals, using nonmotorized methods, from among smallquantities of aggregate.[(c) “Recreational placer mining” includes, but is not limited to, the use ofnonmotorized equipment and motorized surface dredges having an intake nozzlewith an inside diameter not exceeding four inches, a motor no larger than16 horsepower and a muffler meeting or exceeding factory-installed noise re-
duction standards. “Recreational placer mining” does not include recreationalprospecting that does not require a permit.][(d)] (c) “Wet perimeter” means the area of the stream that is underwater,or is exposed as a nonvegetated dry gravel bar island surrounded on all sidesby actively moving water at the time the activity occurs.​

SECTION 4.​

ORS 390.835, as amended by section 8, chapter 516, OregonLaws 2001, is amended to read:390.835. (1) It is declared that the highest and best uses of the waterswithin scenic waterways are recreation, fish and wildlife uses. The freeflowingcharacter of these waters shall be maintained in quantities necessaryfor recreation, fish and wildlife uses. A dam, reservoir or other waterimpoundment facility may not be constructed on waters within scenicwaterways. A water diversion facility may not be constructed or used exceptby right previously established or as permitted by the Water ResourcesCommission, upon a finding that such diversion is necessary to uses designatedin ORS 536.310 (12), and in a manner consistent with the policies setforth under ORS 390.805 to 390.925. The Water Resources Commission shalladminister and enforce the provisions of this subsection.(2) Filling of the beds or removal of material from or other alteration ofthe beds or banks of scenic waterways for purposes other than recreationalprospecting not requiring a permit shall be prohibited, except as permittedby the Director of the Department of State Lands upon a finding that suchactivity would be consistent with the policies set forth under ORS 390.805to 390.925 for scenic waterways and in a manner consistent with the policiesset forth under ORS 196.800 to 196.825 and 196.845 to 196.870 for removal ofmaterial from the beds and banks and filling of any waters of this state. TheDirector of the Department of State Lands shall administer and enforce theprovisions of this subsection.(3)(a) Upon a finding of emergency circumstances, the Director of theDepartment of State Lands may issue a temporary permit for the removal,filling or alteration of the beds or banks within a scenic waterway. Thetemporary permit shall include conditions developed after consultation withthe State Department of Fish and Wildlife and the State Parks and RecreationDepartment.(b) As used in this subsection, “emergency circumstances” exist if promptaction is necessary to prevent irreparable harm, injury or damage to personsor property.(4) Any person adversely affected or aggrieved by the grant or denial ofa permit under subsection (2) or (3) of this section may appeal in accordancewith the procedure set forth in ORS 196.835.(5) Nothing in ORS 390.805 to 390.925 affects the authority of the StateFish and Wildlife Commission to construct facilities or make improvementsto facilitate the passage or propagation of fish or to exercise other responsibilitiesin managing fish and wildlife resources. Nothing in ORS 390.805 to390.925 affects the authority of the Water Resources Commission to constructand maintain stream gauge stations and other facilities related to thecommission’s duties in administration of the water laws.(6) Upon a finding of necessity under subsection (1) of this section, theWater Resources Commission may issue a water right for human consumptionnot to exceed 0.005 cubic feet per second per household, or livestockconsumption uses not to exceed one-tenth of one cubic foot per second per1,000 head of livestock, as designated in ORS 536.310 (12) within or above ascenic waterway if the Water Resources Commission makes the followingfindingsa) That issuing the water right does not significantly impair the freeflowingcharacter of these waters in quantities necessary for recreation, fishand wildlife.(b) That issuing the water right is consistent with provisions pertainingto water appropriation and water rights under ORS chapters 536 and 537 andrules adopted thereunder.(c) That construction, operation and maintenance of the diversion systemwill be carried out in a manner consistent with the purposes set forth in ORS390.805 to 390.925.(d) If the water right is for human consumption, an additional findingthatA) The applicant cannot reasonably obtain water from any other source;(B) Denial of the water right would result in loss of reasonable expectationsfor use of the property; and(C) The system installed to divert water shall include monitoring equipmentto permit water use measurement and reporting.(e) If the water right is for livestock consumption, an additional findingthatA) The right is necessary to prevent the livestock from watering in oralong the stream bed;(B) The applicant cannot reasonably obtain water from any other source;and(C) The applicant has excluded livestock from the stream and its adjacentriparian zone.(7) In making the findings required under subsection (6) of this section,the Water Resources Commission shall consider the existing or potentialcumulative impacts of issuing the water right.(8) The Water Resources Commission may not allow human consumptionand livestock uses authorized under subsection (6) of this section in excessof a combined cumulative total of one percent of the average daily flow orone cubic foot per second, whichever is less, unlessa) The Water Resources Commission, the State Parks and RecreationDepartment, the State Department of Fish and Wildlife, the Department ofEnvironmental Quality and the Department of State Lands unanimouslyagree to exceed that amount; and(b) Exceeding that amount will not significantly impair the free-flowingcharacter of these waters in quantities necessary for recreation, fish andwildlife.(9)(a) The provisions of this section do not apply to a water right appli-cation for the use of ground water as defined in ORS 537.515, except upona finding by the Water Resources Director based on a preponderance of evidencethat the use of ground water will measurably reduce the surface waterflows necessary to maintain the free-flowing character of a scenic waterwayin quantities necessary for recreation, fish and wildlife.(b) The Water Resources Department shall review every application forthe use of ground water to determine whether to make the finding specifiedin paragraph (a) of this subsection. The finding shall be based upon theapplication of generally accepted hydrogeologic methods using relevant andavailable field information concerning the proposed use.(c) In making the determination required by paragraph (a) of this subsection,the Water Resources Department shall consider the timing ofprojected impacts of the proposed use in relation to other factors, includingbut not limited to: Changing climate, recharge, incidental precipitation,out-of-stream appropriations and return flows.(d) If the Water Resources Director makes the finding specified in paragraph(a) of this subsection, the Water Resources Director shall issue anorder denying the application unlessA) Mitigation is provided in accordance with subsection (10) of this section;or(B) The applicant submits evidence to overcome the finding under paragraph(a) of this subsection.(e) Except as provided under subsection (13) of this section, if the WaterResources Director does not make the finding specified in paragraph (a) ofthis subsection, the Water Resources Director shall issue an order approvingthe application if the application otherwise meets the requirements of ORS537.505 to 537.795.(f) A protest of any order issued under this subsection may be filed in thesame manner as a protest on any application for a right to appropriateground water.(g) Each water right permit and certificate for appropriation of ground​

water issued after July 19, 1995, for which a source of appropriation is withinor above a scenic waterway shall be conditioned to allow the regulation ofthe use if analysis of data available after the permit or certificate is issueddiscloses that the appropriation will measurably reduce the surface waterflows necessary to maintain the free-flowing character of a scenic waterwayin quantities necessary for recreation, fish and wildlife in effect as of thepriority date of the right or as those quantities may be subsequently reduced.(h) This subsection does not limit the use of ground water for a use exemptedunder ORS 537.545.(10) The Water Resources Commission or Water Resources Director shallconsider mitigation measures and may include mitigation measures as conditionsin any water right permit or certificate to ensure the maintenanceof the free-flowing character of the scenic waterway in quantities necessaryfor recreation, fish and wildlife.(11) The Water Resources Commission and the Water Resources Directorshall carry out their responsibilities under ORS 536.220 to 536.590 with respectto the waters within scenic waterways in conformity with the provisionsof this section.(12) As used in this section, “measurably reduce” means that the use authorizedunder subsection (9) of this section will individually or cumulativelyreduce surface water flows within the scenic waterway in excess of a combinedcumulative total of one percent of the average daily flow or one cubicfoot per second, whichever is less, unlessa) The Water Resources Department, the State Parks and RecreationDepartment, the State Department of Fish and Wildlife, the Department ofEnvironmental Quality and the Department of State Lands unanimouslyagree to exceed that amount; and(b) Exceeding that amount will not significantly impair the free-flowingcharacter of these waters in quantities necessary for recreation, fish andwildlife.(13) Before authorizing an appropriation that will reduce streamflows​

within a scenic waterway in amounts up to but not exceeding the amountsdescribed in subsection (12) of this section, the Water Resources Directorshall finda) That the appropriation will not significantly impair the free-flowingcharacter of these waters in quantities necessary for recreation, fish andwildlife.(b) That the appropriation is consistent with provisions pertaining towater appropriations and water rights under ORS chapters 536 and 537 andthe rules adopted thereunder.(c) That construction, operation and maintenance of the appropriationwill be carried out in a manner consistent with the purposes set forth in ORS390.805 to 390.925.(14) Placer mining is not permitted on waters within scenic waterways[,other than recreational placer mining].(15) A person may not be required to obtain a permit for recreationalprospecting or other nonmotorized recreational activity resulting in the fill,removal or other alteration of less than one cubic yard of material at anyone individual site and, cumulatively, not more than five cubic yards of materialfrom within the bed or wet perimeter of any single scenic waterwayin a single year. Recreational prospecting shall not occur at any site wherefish eggs are present.[(16) This section does not exempt recreational placer mining on a scenicwaterway, other than recreational prospecting not requiring a permit, fromcompliance with the provisions of ORS 196.800 to 196.825 and 196.845 to196.870 or rules adopted pursuant to ORS 196.800 to 196.825 and 196.845 to196.870.][(17) Recreational placer mining may not:][(a) Dam or divert a waterway or obstruct fish passage;][(b) Include nozzling, sluicing or digging outside the wet perimeter of thestream, nor extend the wet perimeter;][(c) Include movement of boulders, logs, stumps or other woody material​

from the wet perimeter other than movement by hand and nonmotorizedequipment;​

][(d) Involve the disturbance of rooted or embedded woody plants, includingtrees and shrubs, regardless of their location;][(e) Include excavation from the streambank;][(f) Fail to level pits, piles, furrows or potholes outside the main channelof the waterway upon leaving the site;][(g) Include operation of a suction dredge without a suction dredge wastedischarge permit from the Department of Environmental Quality including, butnot limited to, a prohibition against dredging during periods when fish eggscould be in the dredging site gravel;][(h) Be conducted on federal lands except as allowed by agencies of thefederal government;][(i) Impede boating;][(j) Include operation of a dredge between the hours of 6 p.m. and 8 a.m.within 500 feet of a residence or within 500 feet of a campground except withina federally designated recreational mining site; or][(k) Include operation of a dredge within the marked or posted swimmingarea of a designated campground or day use area except within a federallydesignated recreational mining site.][(18)] (16) As used in this sectiona) “Bed” means the land within the wet perimeter and any adjacentnonvegetated dry gravel bar.(b) “Prospecting” means to search or explore for samples of gold, silveror other precious minerals, using nonmotorized methods, from among smallquantities of aggregate.[(c) “Recreational placer mining” includes, but is not limited to, the use ofnonmotorized equipment and motorized surface dredges having an intake nozzlewith an inside diameter not exceeding four inches, a motor no larger than16 horsepower and a muffler meeting or exceeding factory-installed noise reductionstandards. “Recreational placer mining” does not include recreational​

prospecting that does not require a permit.​

][(d)] (c) “Wet perimeter” means the area of the stream that is underwater,or is exposed as a nonvegetated dry gravel bar island surrounded on all sidesby actively moving water at the time the activity occurs.​

SECTION 5. Section 1 of this 2013 Act applies to conduct occurringon or after the effective date of this 2013 Act.SECTION 6. This 2013 Act being necessary for the immediate preservationof the public peace, health and safety, an emergency is declaredto exist, and this 2013 Act takes effect on its passage.​

 

[Aurabbit79er]

All I can say is that Politicization of our Public lands suck.

 

[NeoTokyo]

wow this sucks, something has to be done about this.

 

[blynch35]

wow its going to spread like a virus...

 

[Jeffro]

Here is a link to find your legislators- Oregon State Legislature - Find Your Legislator


You don't have to fill in your complete address, I simply entered my zip and got the list.


Note that the first couple are FEDERAL, the last couple are STATE.


Zip 'em off an e-mail letting them know how you feel about this.

 

[gold nuggets]

Here is a link to find your legislators- Oregon State Legislature - Find Your Legislator
You don't have to fill in your complete address, I simply entered my zip and got the list.
Note that the first couple are FEDERAL, the last couple are STATE.
Zip 'em off an e-mail letting them know how you feel about this.

Many of us are already in the process of doing this exact thing.....BUT....I don't think it would hurt for miners from other states, that would like to keep this type of legislation from spreading, to send in a bunch of Emails to the Oregon legislators listed stating that you are against this type of legislation. If we loose it here in Oregon, your rights in other states will fall too....it will be just a matter of time.

 

[Jeffro]

The New War on Independent Mining in Oregon - LC 2125

For information regarding this-

 

[russau]

is this any suprise to anyone? it has been rearing its ugly head for sometime now! as these wacoenviromentalists get their foot set, look for it to spread more into other states,and i can see it happening very quickly then!

 

[Hoser John]

REREAD ASAP-NOT JUST DREDGING BUT ALL MINING USING ANY ENGINE EVERYWHERE--AT ANYTIME as the insedious antimining cancer from the klamath spreads it's infectious tentacles into the very fabric of american life...no yaaa. Learn from kalif ignorance as once gone it's GONE FOREVER as in nevermore sayeth the craven raven. Utilize ONLY Oregon mining rights based established groups as kalif idjets COST US OUR RIGHTS 100%. Learn from current examples as evey cent ya send'm is a cent lost and used against you. Each and EVERY miner MUST stand up and be counted. 2 forum posts prove the power of a single man-Marks fight for justice and Tierneey case. Only 1/1000th oF 1% do a thing except for send a couple a bucks to the carpetbaggers who created this ungodly mess to sooth their conscience. --GET UP--GET OUT--EMAIL-TEXT-RANT-RAVE-HOOT-RALLY AND A HOLLER. These insane gold shows have shown we are ALL rapists,robbers,critter killers,tree bulldozers and desecrators of the earth when the opposite is the rule. I prostalized for over 25 years on every stinkn' forum and organization I've run,founded or been a member of-SMALL-QUIET-LEAN-MEAN-AND RESPECT THE LAND and it will respect you back with GOLD a plenty--When the stinkn' 49RS massed their invasion and ungodly land grab of public lands from the citizens of Oregon, the Governor pleaded to the feds for injunctive EMERGENCY relief and ya'all laughed at my dire warnings--WHERE ARE THEM ASSININE SMILES NOW John

 

[Hefty1]

Those of you in Oregon contacting your Reps remind them of these...

No State or local government can ban any particular form of mining on public lands.

Here is just one of many examples of what happens when the federal courts see local governments trampling on the right to the mineral estate granted so long ago:

[TD="class: BBquote"]
Originally posted by United States Court of Appeals, Eighth Circuit 1998

The ordinance's de facto ban on mining on federal land acts as a clear obstacle to the accomplishment of the Congressional purposes and objectives embodied in the Mining Act. Congress has encouraged exploration and mining of valuable mineral deposits located on federal land and has granted certain rights to those who discover such minerals. Federal law also encourages the economical extraction and use of these minerals. The Lawrence County ordinance completely frustrates the accomplishment of these federally encouraged activities. A local government cannot prohibit a lawful use of the sovereign's land that the superior sovereign itself permits and encourages. To do so offends both the Property Clause and the Supremacy Clause of the federal Constitution. The ordinance is prohibitory, not regulatory, in its fundamental character. The district court correctly ruled that the ordinance was preempted.

https://bulk.resource.org/courts.gov/c/F3/155/155.F3d.1005.97-3861.html http://www.oregon.gov/OWRD/LAW/docs/Water_Vol_I_All_2009.pdf

IN-STREAM WATER RIGHTS537.332 Definitions for ORS 537.332 to
537.360.
As used in ORS 537.332 to 537.360:​

(1) “In-stream” means within the natural stream channel or lake bed or place where water naturally flows or occurs.(2) “In-stream flow” means the minimum quantity of water necessary to support the public use requested by an agency.(3) “In-stream water right” means a water right held in trust by the Water Resources Department for the benefit of the people of the State of Oregon to maintain water in-stream for public use. An in-stream water right does not require a diversion or any other means of physical control over the water.(4) “Public benefit” means a benefit that accrues to the public at large rather than to a person, a small group of persons or to aprivate enterprise.(5) “Public use” includes but is not limited toa) Recreation;(b) Conservation, maintenance and enhancementof aquatic and fish life, wildlife,fish and wildlife habitat and any other ecological values;(c) Pollution abatement; or(d) Navigation.​

[1987 c.859 §2; 1995 c.416 §32]​

537.334 Findings.​

The people of the​

State of Oregon find and declare that:(1) Public uses are beneficial uses.(2) The recognition of an in-stream water right under ORS 537.336 to 537.348 shall not diminish the public’s rights in the owner ship and control of the waters of this state or the public trust therein. The establishment of an in-stream water right under the provisions of ORS 537.332 to 537.360 shall not take away or impair any permitted, certificated or decreed right to any waters or to the use of any waters vested prior to the date the instream water right is established pursuant to the provisions of ORS 537.332 to 537.360.​

[1987 c.859 §3]​

537.335

[/TD]

 

[Jeffro]

At some point in time, soon hopefully, we should nail the eco-whackos at their own game. Lawsuit after lawsuit after lawsuit!

With a million different regulations governing what people can and cannot do it's pretty much guaranteed we can sue them for something!

 

[Hefty1]

At some point in time, soon hopefully, we should nail the eco-whackos at their own game. Lawsuit after lawsuit after lawsuit!

With a million different regulations governing what people can and cannot do it's pretty much guaranteed we can sue them for something!

That would be GREAT Jeffro...but the problem with that is they...the evo-wackoos have an unending supply of money...most of it from US the taxpayers. Or gov, gives these idjets our money in the form of grants to sue our gov into getting what they want. Makes my head spin

There is only two ways to stop this maddness...1Stop giving our money to these idjets!

2 Stop the idjets...anyway we can

 

[Jeffro]

That would be GREAT Jeffro...but the problem with that is they...the evo-wackoos have an unending supply of money...most of it from US the taxpayers. Or gov, gives these idjets our money in the form of grants to sue our gov into getting what they want. Makes my head spin

There is only two ways to stop this maddness...1Stop giving our money to these idjets!

2 Stop the idjets...anyway we can

Yep, so we do the same thing.... wonder where I can find a conservative grant writer?

 

[dieselram94]

I would bet George Soros is behind at least some of the money behind this.

 

[Hoser John]

AAAAAAAAAAAAAAAAAAMMMMMMMMMMMMMMMMMMEEEEEEEEEEEEEEEEEEEENNNNNNNNNNNNNN Mark--ifn' ya invest in garbage like done in kalif---your rights end up taken out to the dump like trash . Scum suckn' lawyers take your cash today at $250 and hour and then work tommorrow for your enemies against ya for $255 a hour . Nuttn' but lazy thief based liars with their grubby paws on your wallet. Lobbyists?? now your REALLY talkn' the stuff you step in when your at the dog park. Self trained thieves in the night who thrive on lies,cheating,envelopes fulla cash,drugs,hookers and their ilk in trade GRAFT....slimmy devils. How do I know?? Well we got stuck payn' the lions share of the bills PLOP-Mothertode-GPAASS-Whorseshoe- 69 rs didn't pay the filth from AB 1225--as lobby efforts(lie down with dogs come up covered in ) ,Thompson, Corbin, and on and on as we HAD to cover them with our HARD EARNED mining cash as lawyers threated to sue ifn' commitments not paid!! To maintain some semblence of honor to the carpetbaggers--SICKENING to flush miners money down the toilet, LO0SE 100% of the time, and still payn' others bills-BBBBSSSSSSS- The only person who ever preserved any miners rights is a miner...such as named above-----John

 

[arizonaames]

All I can say is that Politicization of our Public lands suck.

They do it for union busting to the benefit of big companies and State revenues while these politicians get reelection donations from the Koch brothers. Therefore, why should they not attack the prospector that has no union or lobbying powers? Perhaps we should appeal to the real power in this country, the Koch brothers or Sheldon Adelson.

 

[Hefty1]

Very well written and presented...
http://67.189.25.76/gold/Art%20letter%20to%20Ted%20Ferrioli.pdf

 

[gold nuggets]

Very well written and presented...
http://67.189.25.76/gold/Art%20letter%20to%20Ted%20Ferrioli.pdf

1000% correct Hefty1.....now, if ALL the intended senators and represenatives here in Oregon will wake-up, read it and vote NO on this travesty of legislation, all of the miners in these United States will benefit in the long run......

 

[dieselram94]

1000% correct Hefty1.....now, if ALL the intended senators and represenatives here in Oregon will wake-up, read it and vote NO on this travesty of legislation, all of the miners in these United States will benefit in the long run......

Keep praying!