Federal Court to Address Dredge Permits—The Tulloch Rule
April 2006 by Scott HarnCongress passed Section 404 of the Clean Water Act (CWA), which was originally called the Federal Water Pollution Control Act, 33 USC 1344, in 1972. Section 404 authorized the US Army Corps of Engineers (the Corps) to issue permits “for the discharge of dredged or fill material into the navigable waters at specified disposal sites.”
...this contradicts the fact that mining claimants are considered landowners with exclusive rights to possess and use that claim, and miners have “riparian rights” on mining claims that do not require permitting.
Until a countrywide banning order in 2007, the undercover panners were living testimony to the presence of gold in a region not previously known for its occurrence.
Throughout the colorful history of mining, reviews of old documents and stories have led to new mineral discoveries.
It was early in the 2008 season on the Mokelumne River near Pine Grove, California. Considering the potential for high water through the month of June, my wife Fran and I set our sights on investigating some of the pot holes in...
The only thing that saved me was talking to a local miner who gave me a “heads up” that private individuals owned all the mineral rights in that section.
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