Important update from Dave McCracken

[Jeff95531]

Got this in an e-mail...

"If you looked at our June newsletter, you know we have created a gravity water system off a small side stream along the Klamath River near Happy Camp in northern California that allows us to power up high-bankers for surface gold mining operations that do not require motors. And likely, even underwater suction-mining equipment. Motors are forbidden to gold miners in California within 100 yards of any waterway, according to a recent law passed by the State.

If you have not looked at our gravity system, I strongly urge you to take a good look at it right here:

» We Now Have an Effective Water Gravity System at Lower Wingate! ? June 2017

This amount of effort to supply water to the beneficial use of mining on the public lands should really be a wake-up call. Congress has declared mining to be the primary use of the public lands over and over again throughout the history of America. Our gravity water system is a clear testimony of to what extent modern prospectors must go to, in order to mine without the use of mechanical systems in California -- which are legal for all others to use except miners.

Give me a break!

Shortly after putting out our June newsletter, the California Waterboard informed us in writing that we have no water rights and ordered us to remove every part of our gravity water system., "or else!"

This prompted our attorney to research California water law, only to discover that the California Supreme Court, making reference to the California Constitution which was written during the gold rush, has awarded miners with first priority water rights in California. You can look it up yourself if you like (Dripps v. Allison_s Mines Co._ 45 Cal. App. 95), or you can wait for the more substantial explanation in our July newsletter. The bottom line is that not only do we have water rights; but we require no permission or permit from the State as long as our use is reasonable and not wasteful in supporting our mining programs on the public lands.

The real truth is that even before we were denied the use of motors without a permit from the State (which is not being made available), our use of water was so insignificant as to not have any significant impact upon other beneficial uses within the state, even when we were all added up together. There is no record that we ever harmed a single fish!

I cannot overstate how important this legal discovery is. The State of California has been feeding us false news and a deliberately false legal narrative from the beginning!

The bottom line is that the new water quality law which forbids us the use of mechanical systems within 100 yards of a waterway must be challenged in light of California Supreme Court controlling law, and federal law, which designates mining as the primary use of public lands.

This is a huge awakening! It is a huge opportunity!

Here is a copy of our attorney's answer to the California Waterboard:

http://www.goldgold.com/wp-content/uploads/2017/06/Ltr-Water-Board-6-19-17.pdf

In view of California Supreme Court controlling case law on water rights, we intend to continue using our gravity water system as we move into the summer mining season. But we believe it is crucial to immediately challenge California's new water quality law which requires us to obtain permits, that are not being made available, to gain access to our first-priority water rights without the requirement of any permit or permission whatsoever.

This should be the turning point we have all been preying for!

Our challenge is going to require money. We have a fund-raiser coming to a close this Friday. Three ounces of American Gold Eagles and ten ounces of American Silver Eagles are being given away. You can find out more about the fund-raiser here:

» American Gold & Silver Eagles!

But this is not about winning prizes. This is about doing our part to push back on the dark forces that are attempting to destroy the American Dream -- for everyone. This looks to be the best opportunity we have had since we lost our right to dredge gold in 2009.

What do you mean that miners, with the first right to water in California, are forbidden to use mechanical systems when anyone else can? The time is now. Please help support The New 49'er Legal Fund. Let's get the nonsense straightened out once and for all!

Our girls are manning the phones at 530 493-2012. Thanks for whatever you can do to help!

Dave Mack

The New 49'ers Legal Fund"

 

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[mytimetoshine]

it's really cool what they did but you just new the Ca mafia wasn't going to let that happen. Beat them at there own game. They will just change the rules to the game

Sent from my SAMSUNG-SM-G920A using Tapatalk

 

[63bkpkr]

It is a travesty what the State of California along with Environmentalists have perpetrated on the Legal Mining Community of the State of California as well as upon all of the legal inhabitants of this United States of America! Simply put the State Government coupled to the Environmentalists have lied to everyone!

We as miners "try" all the time to prospect and mine for the minerals that we as citizens of the Country are allowed to. Even when we are illegally stopped from our activities we continue to try with less productive equipment. Yes, the government of the State of California has acted dishonestly in this matter, has used underhanded acts to stop our legal access to our work and likely will continue with these activities however, I feel we must continue to "TRY"!

None of us want to stop prospecting, heck, We Love it Out There! We need to take care of "Out There", clean up after ourselves, band together, donate and Try Again and Keep Trying till we have won against The Evil Ones!! IMHO!......................................63bkpkr

 

[russau]

The people of California have spoken OR should I say VOTED ! And they still get voted in! BEATS ME!!!!

 

[Duckshot]

I have a question,was their high banker gravity feed system located on public or privately held land when the state shut it down causing loss of the use of their gravity feed system?

 

[bcfromfl]

I have a question,was their high banker gravity feed system located on public or privately held land when the state shut it down causing loss of the use of their gravity feed system?

The pipe starts on unclaimed National Forest Land, and ends up on one of the New 49er club properties, also on NF land. As I understand it, the Club is going to keep the pipe running, and use it as a legal challenge to California.

 

[Duckshot]

Keep an eye out for McCracken vs. California huh?

Cool. Should be a better show than any t.v. series..

 

[winners58]

unappropriated Federal lands don't have riparian rights, a mining claim is appropriated land
and also a property right that does have riparian rights in California and the right of use for mining.
the case that the waterboard looks at on their website, involved a case of if the Fed's had superior water rights on NF lands
it was determined in that case that it went by date the Federal lands were reserved as a National Forest (appropriated lands).
the waterboards determination that Federal lands don't have riparian rights based on this case is apples & oranges
a mining claim is property period. the waterboard is just confused...

 

[Duckshot]

I don't know if they are confused or were conspiring. But i do know that state is ran by greenie fruits and wack nuts. I wouldn't put conspiracy past them.

 

[ratled]

The entire system is on the claim
ratled

 

[bcfromfl]

What should be pointed out here is that Dave would most certainly have gotten approval for this from the local Forest Service superintendent before going ahead with the project.

The New 49ers Club is very well thought-of in the area...makes one wonder who made the call to Sacramento to complain. Either a greenie rafter didn't like the looks of it when they passed underneath it, or someone from the Karuk tribe...

 

[winners58]

the case on riparian rights --- US Forest service - waters Plumas National Forest
In re Water of Hallett Creek Stream System - 44 Cal.3d 448 - Thu, 02/18/1988 | California Supreme Court Resources

 

[mytimetoshine]

What should be pointed out here is that Dave would most certainly have gotten approval for this from the local Forest Service superintendent before going ahead with the project.

The New 49ers Club is very well thought-of in the area...makes one wonder who made the call to Sacramento to complain. Either a greenie rafter didn't like the looks of it when they passed underneath it, or someone from the Karuk tribe...

Kayakers for sure.....

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[IMAUDIGGER]

Although the area is remote, the people that roam around the area are fairly diverse from one side of the spectrum to the other. Many times they all get along - until the discussion subject changes to logging/mining/cattle grazing/hunting/politics.

It didn't have to be anybody from the area though - the 49'rs wear a big fat bulls eye on their back. It was posted on the internet and promoted for the opposition to see.
I hope it goes to court.

Was probably some hypocrites that turned them in. It's OK to pipe water from the creek to water their pot garden, but not to run through a sluice box.

 

[goldog]

Yea I don't think there was stealth involved or intended. They are sticking their necks out with a purpose.

 

[mendoAu]

Here on this Fed. Mining Site in Oregon the women from the water board didn't even know what a collection cistern for the collection of underground drinking water was. She does now and has never returned. The word "IDIOT" would not be improperly used!!

 

[Bejay]

Here on this Fed. Mining Site in Oregon the women from the water board didn't even know what a collection cistern for the collection of underground drinking water was. She does now and has never returned. The word "IDIOT" would not be improperly used!!

Next time you talk to them give them a copy of this and see what they say:

536.320 Limitation of powers of commission. The Water Resources Commission
shall not have power: (1) To interfere with, supervise or control the internal affairs of any state agency or public corporation; (2) To modify, set aside or alter any existing right to use water or the priority of
such use established under existing laws

IN-STREAM WATER RIGHTS
537.332 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 a private enterprise.

APPROPRIATION OF WATER FOR
MINING AND ELECTRIC POWER
UNDER 1899 Oregon ACT (still current and applicable)
541.110 Use of water to develop mineral
resources and furnish power.
The use of the water of the lakes and running streams of Oregon for the purpose of developing
the mineral resources of the state and to furnish electric power for all purposes, is
declared to be a public and beneficial use and a public necessity. Subject to the provisions
of the Water Rights Act (as defined in ORS 537.010), the right to divert unappropriated
waters of any such lakes or streams for such public and beneficial use is granted.

541.130 Right of way for ditches across
state lands. The right of way to the extent specified in the Act of 1899, pages 172 to 180,
Oregon Laws 1899, for the ditches, canals, flumes, pipelines, distributing ditches, and
feeders of any person appropriating water under the provisions of that Act, across any
and all lands belonging to the State of Oregon and not under contract of sale, is
granted.

Bejay

 

[Bejay]

Here on this Fed. Mining Site in Oregon the women from the water board didn't even know what a collection cistern for the collection of underground drinking water was. She does now and has never returned. The word "IDIOT" would not be improperly used!!

And another version that is a little more concise for their consideration;

They might think it interesting to see how a State (in this case Oregon) might come to feel they have water rights over the miner, who was Granted those exclusive rights to water per the Federal Mining Laws. In other words where does the State of Oregon get their authority.....where is their projected authority derived? Now the following is from the current Oregon Law Book of Water Resources. (sorry for the poor foremat but best I could do)
From the 2010 Oregon Law Book:
537.334 Findings.
The people of the State of Oregon find and declare that:
(1) Public uses (of water) 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 ownership 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" (do you suppose the Federal Grant is a decreed right?) which [" is a legislative grant, and being given by act of congress, is equivalent to a patent from the United States to the same."] 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
Wow....that is pretty dynamic so lets have them look further
Then on page 152:
APPROPRIATION OF WATER FOR MINING AND ELECTRIC POWER
UNDER 1899 ACT
541.110 Use of water to develop mineral resources and furnish power. The use of the water of the lakes and running streams of Oregon for the purpose of developingthe mineral resources of the state and to furnish electric power for all purposes, is declared to be a public and beneficial use and a public necessity. Subject to the provisions of the Water Rights Act (as defined in ORS 537.010), the right to divert unappropriated waters of any such lakes or streams or such public and beneficial use is "granted".
NOW NOTE THAT THE ABOVE REFERENCES THE Oregon Water Law of 1899. IF YOU GO TO THE SWOMA SITE AND LOOK UP THE ACUTAL WATER LAW OF 1899 YOU WILL BE VERY SURPRISED OF YOUR FINDINGS!

So where does the water board derive their authority....ask that question and see where it goes.

 

[mendoAu]

Thanks...will fire up the printer tomorrow. Now just will try to reme,mber where I file it, HA! bejay, there dosn't seem to be a month that goes by without figuring out the "easy" part of all this is the actual gettin' under water and sucking gold....

 

[Assembler]

And another version that is a little more concise for their consideration;

They might think it interesting to see how a State (in this case Oregon) might come to feel they have water rights over the miner, who was Granted those exclusive rights to water per the Federal Mining Laws. In other words where does the State of Oregon get their authority.....where is their projected authority derived? Now the following is from the current Oregon Law Book of Water Resources. (sorry for the poor foremat but best I could do)
From the 2010 Oregon Law Book:
537.334 Findings.
The people of the State of Oregon find and declare that:
(1) Public uses (of water) 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 ownership 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" (do you suppose the Federal Grant is a decreed right?) which [" is a legislative grant, and being given by act of congress, is equivalent to a patent from the United States to the same."] 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
Wow....that is pretty dynamic so lets have them look further
Then on page 152:
APPROPRIATION OF WATER FOR MINING AND ELECTRIC POWER
UNDER 1899 ACT
541.110 Use of water to develop mineral resources and furnish power. The use of the water of the lakes and running streams of Oregon for the purpose of developingthe mineral resources of the state and to furnish electric power for all purposes, is declared to be a public and beneficial use and a public necessity. Subject to the provisions of the Water Rights Act (as defined in ORS 537.010), the right to divert unappropriated waters of any such lakes or streams or such public and beneficial use is "granted".
NOW NOTE THAT THE ABOVE REFERENCES THE Oregon Water Law of 1899. IF YOU GO TO THE SWOMA SITE AND LOOK UP THE ACUTAL WATER LAW OF 1899 YOU WILL BE VERY SURPRISED OF YOUR FINDINGS!

So where does the water board derive their authority....ask that question and see where it goes.

Hello
California older “Code”:
Deering’s general Laws, Act 4938a, section 74