More smoke and mirrors from the state.

chlsbrns said:
The United States Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. This is a quote from the top of the page at: uscode.house.gov

The same text of the law that I previously posted and linked to from e-cfr. This is the us code/law!

30 USC 612: Unpatented mining claims
Click to expand...

You never posted any material from the USC in your previous posts. What you have posted from the USC title 30 above does not support any of your previous "legal" theories.

Thank you for sharing your opinions and ideas. It is important that we discuss these issues to better understand them. I am only interested in verifiable facts, law, education and information. Since your posts have provided none of those I'll be passing on this discussion unless you provide something of substance.

Good luck with that hibanking permit.

Heavy Pans
 

Clay Diggins said:
You never posted any material from the USC in your previous posts. What you have posted from the USC title 30 above does not support any of your previous "legal" theories.

Thank you for sharing your opinions and ideas. It is important that we discuss these issues to better understand them. I am only interested in verifiable facts, law, education and information. Since your posts have provided none of those I'll be passing on this discussion unless you provide something of substance.

Good luck with that hibanking permit.

Heavy Pans
Click to expand...

The text/law from my previously posted link...

Provided, further, That nothing in this act shall be construed as affecting or intended to affect or in any way interfere with or modify the laws of the States which lie wholly or in part westward of the ninety-eighth meridian relating to the ownership, control, appropriation, use, and distribution of ground or surface waters within any unpatented mining claim. eCFR ? Code of Federal Regulations

The text/law from the last link that I posted. The USC (US Code) In other words Federal Law...

Provided further, That nothing in this subchapter and sections 601 and 603 of this title shall be construed as affecting or intended to affect or in any way interfere with or modify the laws of the States which lie wholly or in part westward of the ninety-eighth meridian relating to the ownership, control, appropriation, use, and distribution of ground or surface waters within any unpatented mining claim. 30 USC 612: Unpatented mining claims

Its quite clear that unpatented claims are bound by State laws and do not have water rights as I have stated and shown numerous times. I have also shown that the 1872 mining act also says that unpatented claims do not have rights to water.

In a previous post I also posted the law that blm claim owners are bound to follow. Specifically the Clean Water Act that does not allow discharge into water bodies.

A prohibition of discharges, except as in compliance with the CWA (§ 301);

A permit program to authorize and regulate certain discharges (§ 402);

A process for cooperative Federal/state implementation (§§ 401 and 402);

A system for preventing, reporting, and responding to spills (§ 311);

A permit program for governing the discharge or placement of dredge or fill material into the nation’s waters (§ 404)

Strong enforcement mechanisms (§§ 309 and 505).http://www.blm.gov/wo/st/en/prog/more/soil2/water/law.html

I don't mine on blm property I mine on the east coast on private properties. We don't need a permit to highbank or to dredge. I don't even have a highbanker. For the most part I use a borehole dredge!
 

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and what permits do you have?
 

why doesn't the cwa apply to you? you keep citing federal regulation.
 

California has the CWA and the Porter-Cologn Act. The rest of the Country only has the CWA. The PCA covers all water within the State. The CWA covers navigable waters. I don't mine navigable waters.

LMGDFAO!
 

My hydrology professor told me 3/4 of his graduates ended up being water attorneys. No wonder with so much BS and lies about the facts.
 

chlsbrns said:
You can mine but you cant discharge into surfacewater or contaminate groundwater. You can mine after obtaining a permit or just Use a drywasher.

The people in our Country went from revolting over a tea tax to sheeple. No balls! They have let politician's control us for so long that they forgot that politicians are supposed to represent us. Until a large majority of people grow a set we are going to be controled.

We aren't free anymore we are controlled!
Click to expand...

If you want to be free then stop buying the permits & start mining, first you will have to grow a set.
 

jog said:
If you want to be free then stop buying the permits & start mining, first you will have to grow a set.
Click to expand...

I already posted that I dont need permits. Don't need a set either!

Really... The way to solve a problem is not to stick your head in the sand and pretend the problem doesn't exist. Come out of the darkness!
 

Aufisher said:
My hydrology professor told me 3/4 of his graduates ended up being water attorneys. No wonder with so much BS and lies about the facts.
Click to expand...

People need to ignore what other people "say" and go by the "facts" such as the numerous "facts" that I have posted.
 

The US Supreme courts have ruled that if it's allready in the river it's not a pollutant so why is the DEQ still forcing there 700PM permits on the miners here in Oregon & calling the very small plume behind a dredge a pollutant? Also why does the state keep saying that they have control over every waterway in the state? The problem I see is people continue to purchase these permits even though they know that they are more than likely illegal or not the proper one's, I will no longer support the state of Oregon by purchasing these permits & I will continue to mine my Federal claims & my head is not even close to being in the sand. I would highly suggest that you take the time to re-read what Clay has posted & take the time to understand it, from what I have seen your way off base & don't have a clue.
 

Is the sky falling?​

Chicken Little was in the woods one day when an acorn fell on her head. It scared her so much she trembled all over. She shook so hard, half her feathers fell out.

Chicken Little: "Help! Help! The sky is falling! I have to go tell the king!"

So she ran in great fright to tell the king. Along the way she met Henny Penny.

Henny Penny: "Where are you going, Chicken Little?"

Chicken Little: "Oh, help! The sky is falling!"

Henny Penny: "How do you know?"

Chicken Little: "I saw it with my own eyes, and heard it with my own ears, and part of it fell on my head!"

Henny Penny: "This is terrible, just terrible! We'd better hurry up."

So they both ran away as fast as they could. Soon they met Ducky Lucky.

Ducky Lucky: "Where are you going, Chicken Little and Henny Penny?"

Chicken Little & Henny Penny: "The sky is falling! The sky is falling! We're going to tell the king!"

Ducky Lucky: "How do you know?"

Chicken Little: "I saw it with my own eyes, and heard it with my own ears, and part of it fell on my head."

Ducky Lucky: "Oh dear, oh dear! We'd better run!"

So they all ran down the road as fast as they could. Soon they met Goosey Loosey walking down the roadside.

Goosey Loosey "Hello there. Where are you all going in such a hurry?"

Chicken Little: "We're running for our lives!"

Henny Penny: "The sky is falling!"

Ducky Lucky: "And we're running to tell the king!"

Goosey Loosey: "How do you know the sky is falling?"

Chicken Little: "I saw it with my own eyes, and heard it with my own ears, and part of it fell on my head!"

Goosey Loosey: "Goodness! Then I'd better run with you."

And they all ran in great fright across a field. Before long they met Turkey Lurkey strutting back and forth..

Turkey Lurkey: "Hello there, Chicken Little, Henny Penny, Ducky Lucky, and Goosey Loosey. Where are you all going in such a hurry?"

Chicken Little: "Help! Help!"

Henny Penny: "We're running for our lives!"

Ducky Lucky: "The sky is falling!"

Goosey Loosey: "And we're running to tell the king!"

Turkey Lurkey: "How do you know the sky is falling?"

Chicken Little: "I saw it with my own eyes, and heard it with my own ears, and part of it fell on my head!"

Turkey Lurkey: "Oh dear! I always suspected the sky would fall someday. I'd better run with you."

So they ran with all their might, until they met Foxy Loxy.

Foxy Loxy: "Well, well. Where are you rushing on such a fine day?"

Chicken Little, Henny Penny, Ducky Lucky, Goosey Loosey, Turkey Lurkey (together) "Help! Help!" It's not a fine day at all. The sky is falling, and we're running to tell the king!"

Foxy Loxy: "How do you know the sky is falling?"

Chicken Little: "I saw it with my own eyes, and heard it with my own ears, and part of it fell on my head!"

Foxy Loxy: "I see. Well then, follow me, and I'll show you the way to the king."

So Foxy Loxy led Chicken Little, Henny Penny, Ducky Lucky, Goosey Loosey, and Turkey Lurkey across a field and through the woods.

He led them straight to his den, and they never saw the king to tell him that the sky is falling.

The END​

I don't know how to make it any simpler than that. :laughing7:

Heavy Pans
 

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Thanks for simplifying that even more Barry. We can always count on you to make it clear and understandable.:notworthy:....
 

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How do links that point out miners are not in the wrong....and courts and leo's who are wrong don't get to just do what they want without miners standing their ground, prove any point you are trying to make. Or, support your opinion of law and obvious limited knowledge of legal placer mining in California?
 

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