Riparian Rights in California

[et1955]

Was searching for the ability to high bank on my claims in California, all I saw was that I needed a permit from the waterboard department costing about 1100$. Searching many sites guess who I ran into, Clay Diggins on another site posting on this subject. He states that with riparian rights I have right to use the water without permit's, licenses or government approval. Clay is awesome and I will be high banking on my claims.

 

[et1955]

Riparian rights are appurtenant to the LAND. Meaning those rights pass with the title to the land from owner to owner. The ownership of the mineral estate may have nothing to do with the ownership of the land. Clay knows this very well.

You grossly misunderstood what he must have been trying to explain.

“Riprian Rights” are not shared between land owners and mineral estate owners.

But maybe prove me wrong - I like to learn and I’m not trying to be argumentative, rather provocative.

ASK Clay

 

[et1955]

I started to explain myself and figured out that I was misusing the term “Mineral Estate”. This only comes into play when the minerals are retained in some manner, be it through the patent process or through the sale of real property. This results in a split estate, where one person owns the minerals and another the land. This is very common.

Apparently a Federal Mining claim does not transfer fee simple ownership of the minerals, rather a possessory interest even though that interest can be sold and is taxed in California.

I believe the term “Riparian Water Rights” as it relates to federal mining claims is also a misused term. Riparian water rights in California are (conditional) vested rights that are tied to the ownership of the land and cannot be transferred or sold separately.

That’s about as far as I can go.

I believe incidental, reasonable, necessary, and beneficial use of water for mining purposes is recognized, but subject to state or federal regulation. So is that really considered a “Water Right’?

Again ask Clay for clarification, Hès the master

 

[Assembler]

As in "Ownership of soil under the stream".

 

[Assembler]

"Land Owner": As is shown by records of the county to be the owner of ten acres or more of lands or having such land under contract to purchase, lying within a district (soil conservation).

 

[Assembler]

The water code also points out that "Entrymen upon public lands of the United States shall be considered as landowners for the purpose of the act"

 

[Mine Shaft]

Just a thought here California has rules on the 'books' about "Minerals are retained" by "Recorded" acts. Records that are not amended (updated) could indicate that "Recreational" is happening at a given "Location".

Proof of minerals, perfecting a claim, as well as "Discovery" comes to mind here.

As far as the "Title" (Ownership) the "Title" is still "Vested by the United States of America" until the condition (a number of conditions) of 20 years of working the claim has passed.

When I first filed for my claim in CA the BLM sent me a folder on all the laws pertaining to my claim very interesting and sometimes confusing lol but still educational. I wonder if this topic is in the laws ?

 

[Assembler]

When I first filed for my claim in CA the BLM sent me a folder on all the laws pertaining to my claim very interesting and sometimes confusing lol but still educational. I wonder if this topic is in the laws ?

Well this thread is titled Riparian Rights in California and not started by me. I would think if you have some information along that line would be good to add here.
I tried to pick up where I think this could be in the Water Code that Clay and others could be coming from that are not being pointing out yet.

​

 

[Mine Shaft]

I know Assembler not started by you lol. I will look through the paper work from BLM maybe something will pop up.

 

[Assembler]

I know Assembler not started by you lol. I will look through the paper work from BLM maybe something will pop up.

Thank you for taking the time to look. The Cat will be watching for anything you may come up with.........

 

[Mine Shaft]

Well I looked through the paperwork and came up empty i thought I seen something about this but no luck.

 

[Mine Shaft]

Thank you for taking the time to look. The Cat will be watching for anything you may come up with.........

My Cat prefers the DW lol

 

[Assembler]

My Cat prefers the DW lol

Looks like your cat is not "washed up yet"..........

 

[Assembler]

Well I looked through the paperwork and came up empty i thought I seen something about this but no luck.

Any chance there is some foot notes to look up?

 

[Mine Shaft]

The BLM paperwork pretty much covers about my claim which is a lot Stuff lol

 

[Assembler]

The BLM paperwork pretty much covers about my claim which is a lot Stuff lol

Sounds like BLM decided to cover some bases with what you have filed right?
I'm still interested in what may have been covered or what direction the paperwork is going in.
Sounds like there is some due diligence with the paperwork.

 

[Mine Shaft]

Hi Assembler, as far as paperwork goes its all been done lol I have had the Claim since 2019. Joan at BLM went above and beyond to pull all the paperwork for the area I wanted to Claim. It had to do with Watershed & PWR PROJ 2426 and State Park areas. I did a rough sketch of the area of the West Fork of the Mojave River and she faxed me a blue print of the area and I said perfect lol She also sent me a blueprint of all the work the USFS & BLM has done seance 1905 - 1972 and other important aspects of my Claim.

 

[Assembler]

Hi Assembler, as far as paperwork goes its all been done lol I have had the Claim since 2019. Joan at BLM went above and beyond to pull all the paperwork for the area I wanted to Claim. It had to do with Watershed & PWR PROJ 2426 and State Park areas. I did a rough sketch of the area of the West Fork of the Mojave River and she faxed me a blue print of the area and I said perfect lol She also sent me a blueprint of all the work the USFS & BLM has done seance 1905 - 1972 and other important aspects of my Claim.

Can you share a little of the other important aspects of your Claim in a PM?
Thanks.

 

[Assembler]

Hi Assembler, as far as paperwork goes its all been done lol I have had the Claim since 2019. Joan at BLM went above and beyond to pull all the paperwork for the area I wanted to Claim. It had to do with Watershed & PWR PROJ 2426 and State Park areas. I did a rough sketch of the area of the West Fork of the Mojave River and she faxed me a blue print of the area and I said perfect lol She also sent me a blueprint of all the work the USFS & BLM has done seance 1905 - 1972 and other important aspects of my Claim.

It is likely that Joan was making sure the claim did not overlap into the PWR PROJ 2426 (??) and State Park areas thus not being open for mineral entry.

 

[Assembler]

Was searching for the ability to high bank on my claims in California, all I saw was that I needed a permit from the waterboard department costing about 1100$. Searching many sites guess who I ran into, Clay Diggins on another site posting on this subject. He states that with riparian rights I have right to use the water without permit's, licenses or government approval. Clay is awesome and I will be high banking on my claims.

Any update on how this is working out?
Thanks.

 

[Mine Shaft]

Are you referring to me or Clay lol. If me are you talking about past claim holders ? I have not been searching info on past claim holders to much to dive into.