I'm new to prospecting\mining, less than a year actually. I have done a ton of research to figure out what I can and can not do here in CA. I have posted and have seen other noobs post questions on the legality of different types of gold mining in CA. This has all been posted before, but figured I would share what I have found in one thread. Honestly it would be nice if there were a sticky or something detailing the mining laws for all gold bearing states. Either way here is what I have found and my opinions, feel free to correct or challenge anything!
This is SB-637 Suction Dredge Mining Permits
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB637
This whole bill is about, as the title implies, suction dredging. This is where the "confusion" is:
Sec 13172.5. (a) For purposes of this section, the use of any vacuum or suction dredge equipment, also known as suction dredging, is 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.
This sounds like it requires a permit for any motorized mining at all. If you read through the whole bill, it all has to do with, as the title of the bill implies, suction dredging. At no point does this bill mention High Banking or anything other than suction dredging. It is my belief that this does not require a permit for running a motorized High Banker. Note that no where in this bill does it say anything about gas or electric motors, just motors period. If we were to make it mean no motorized mining equipment at all, then why do we not include "mechanized" mining as well? One could argue that a stream sluice, rocker box or anything else is mechanical. Heck even panning has a level of mechanics to it. I know that all sounds absurd, but that's my point.
This is Fish and Game Code Sections 1600-1616.
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=3784
Section 1602 is what we are concerned about:
1602. (a) An entity may not substantially divert or obstruct the natural flow of, or substantially
change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or
dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it
may pass into any river, stream, or lake, unless all of the following occur:
The keyword here is substantially. I do not consider me shoveling into a High Banker running off of a 2" gas powered water pump substantial. I'm sure you can argue the opposite here, but this is my opinion.
And finally CA actually does have regulations in place for high banking:
Codes Display Text
3964. No placer mining operator shall mine by the placer process on any stream or on the watershed of any stream tributary directly or indirectly to the Sacramento River or the San Joaquin River without taking both of the following precautions to prevent pollution of the stream by the effluent from his or her operations:
(a) Constructing a settling pond or ponds of sufficient size to permit the clarification of water used in the mining processes before the water is discharged into the stream.
(b) Mixing with the effluent from mining operations aluminum sulphate and lime, or an equivalent clarifying substance which will cause the solid material in the effluent to coagulate and thus avoid rendering the water in the stream unfit for domestic water supply purposes.
So there you have it, everything I could find on this subject and the actual laws etc, that helped me form my opinion. I printed out a copy of each and keep it in my pack. I hope to never have to argue this with anyone in uniform, but at least I know my rights and the laws. Well, I think I do anyway, lol. Long story short, I do not believe that there is anything illegal about running a high banker (or anything other than a suction dredge) in California.
This is SB-637 Suction Dredge Mining Permits
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB637
This whole bill is about, as the title implies, suction dredging. This is where the "confusion" is:
Sec 13172.5. (a) For purposes of this section, the use of any vacuum or suction dredge equipment, also known as suction dredging, is 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.
This sounds like it requires a permit for any motorized mining at all. If you read through the whole bill, it all has to do with, as the title of the bill implies, suction dredging. At no point does this bill mention High Banking or anything other than suction dredging. It is my belief that this does not require a permit for running a motorized High Banker. Note that no where in this bill does it say anything about gas or electric motors, just motors period. If we were to make it mean no motorized mining equipment at all, then why do we not include "mechanized" mining as well? One could argue that a stream sluice, rocker box or anything else is mechanical. Heck even panning has a level of mechanics to it. I know that all sounds absurd, but that's my point.
This is Fish and Game Code Sections 1600-1616.
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=3784
Section 1602 is what we are concerned about:
1602. (a) An entity may not substantially divert or obstruct the natural flow of, or substantially
change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or
dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it
may pass into any river, stream, or lake, unless all of the following occur:
The keyword here is substantially. I do not consider me shoveling into a High Banker running off of a 2" gas powered water pump substantial. I'm sure you can argue the opposite here, but this is my opinion.
And finally CA actually does have regulations in place for high banking:
Codes Display Text
3964. No placer mining operator shall mine by the placer process on any stream or on the watershed of any stream tributary directly or indirectly to the Sacramento River or the San Joaquin River without taking both of the following precautions to prevent pollution of the stream by the effluent from his or her operations:
(a) Constructing a settling pond or ponds of sufficient size to permit the clarification of water used in the mining processes before the water is discharged into the stream.
(b) Mixing with the effluent from mining operations aluminum sulphate and lime, or an equivalent clarifying substance which will cause the solid material in the effluent to coagulate and thus avoid rendering the water in the stream unfit for domestic water supply purposes.
So there you have it, everything I could find on this subject and the actual laws etc, that helped me form my opinion. I printed out a copy of each and keep it in my pack. I hope to never have to argue this with anyone in uniform, but at least I know my rights and the laws. Well, I think I do anyway, lol. Long story short, I do not believe that there is anything illegal about running a high banker (or anything other than a suction dredge) in California.
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