According to the latest propaganda from the California State Water Resources Control Board, a permit is required for electric locks or high banks in the state. This activity has been authorized for decades. This is the processing of gold materials in a large banker or electric lock. Water is pumped a short distance from a waterway, where water can seep into the ground or evaporate so that it does not return to the stream, stream or river. The Water Authority recently published permit information on its website that states: “You can carry water and residual sediment from your high bank or electric lock ashore, but you must first apply for a permit from the regional water authority responsible for the area where you are going to operate. To apply for a permit, you must submit a waste disposal report to the Regional Water Board. You cannot start mining until the regional water authority approves your waste disposal report and informs you that your permit has been granted or no permit is required because the release does not cause or threaten to create pollution or nuisance. The minimum licence fee is $1,120.00, but may be higher depending on the threat the discharge poses to water quality and the complexity of the discharge, as determined by the Regional Water Board. (See www.swrcb.ca.gov/water_issues/programs/cwa401/suction_dredge.shtml) The Régie des eaux is threatening fines of $10,000 a day for the offences! The agency also says a “declaration of diversion and use” is now required, even if you have a “riparian water right.” “If you divert water from a riparian parcel for use on that parcel, you must have a riparian water right or be legally authorised to use riparian water rights for the parcel, and you must file a declaration of diversion and use of water (declaration) with the Water Rights Department of the National Water Resources Control Board for each diversion point. The fee for filing a redirect and usage declaration is $50.00. However, this contradicts the fact that mining applicants are considered landowners with the exclusive right to own and exploit this claim, and that miners have “land rights” for mining claims that do not require a permit.
Can the State of California legally require a permit for high banking or the power lock on a mining claim? From our point of view, the answer is “no”. A mining claim that includes a waterway is private property with riparian rights. This is another blatant attempt by the Water Department to stop mining in California, with unelected officials adopting unnecessary regulations and trying to impose new tax burdens on miners. One of the main objectives of the Mining Act of 1872 and its subsequent amendments is to promote the exploration and development of valuable mineral deposits in the United States. Despite the changes that have been made over the years, this goal has not changed. It is obvious that the Water Authority is trying to completely usurp the will of Congress by requiring a permit for simple exploration tasks such as electric locks and high benches. In addition, the agency`s $1,120 requirement is site-specific. If a miner paid the fee and didn`t make a discovery at a certain location, they would have to pay another fee when choosing a new location to test! It is impossible to know if there is a deposit unless you are allowed to process a reasonable sample.
There are also no provisions in the rules of the water authority that relate to the approval of deadlines. Can you imagine how long it would take the Water Authority to review and respond to 200 applications? How about 500, 1,000 or 3,000? The Water Authority is trying to use the EPA Clean Water Act and the NPDES (National Pollution Discharge Elimination System) as authority. However, sampling by a miner within the normal high water mark and treated in the same area does not constitute the introduction of a pollutant. Materials that were already in the area remain in the range. Can the State of California legally require a permit for high banking or the power lock on a mining claim? From our point of view, the answer is “no”. A mining claim that includes a waterway is private property with riparian rights. If the miner ensures that his or her activities are “reasonably accidental” for prospecting, mining or processing operations and that the miner fills his or her holes, this should meet the requirement to avoid “unnecessary or unreasonable deterioration” under 43 CFR § 3809.415.