DFG tells AMRA member it can’t run a sluice box on its claim:
Yesterday we were contacted by one of our members who went to prospect our two claims out of Quincy CA. He was cleaning out a crack in the bedrock near the creek when a DFG (Dept. of Fish and Game) officer approached him and told him he could not run a sluice box in the creek. The DFG officer also told him he could run a high banker, but would have to run it 100 feet above the high water mark. He stated he could run a water pump and pump water up the hillside to mine there.
First of all, it is perfectly legal to run a sluice box on the claim period. Secondly, to have him state our member would have to put his high banker 100 feet up the hill from the creek is simply wrong and if one thinks about it, can cause some significant damage with the runoff carving a new water way down the hillside. Either the DFG agent doesn’t have a clue or he has been provided some very bad information from his superiors. Either way, it is important to get a name and where the agent works out of. We would love to have a little conversation with this agent but cannot because our member did not obtain that information.
AMRA is focused on informing everyone of their rights as they pertain to small mining. You have a fundamental right to mine as per the 1866 and 1872 mining act passed by Congress and signed into law by the President. These regulatory agencies such as the EPA, DFG, USFS and BLM cannot make new laws. They cannot just take away laws on the books because it does not suit their agenda.
If confronted by a similar situation while on your federal mining claim which is recognized as “real property” by the Supreme Court. Get a name, get an office they work out of and please contact us. AMRA members, members of gold clubs such as the GPAA, Delta, UPI etc… are owners of mining claims. You do not need a permit to run a pump, you can run a sluice and you have a fundamental right to obtain the minerals in the ground. We pay property taxes on our mining claims, just like someone who owns a house.
We are still working very hard on what we are calling the “Small Miners Bible” which lists all the laws and regulations (currently, and they change daily) as they pertain to small mining operations. We intend to make this available to everyone….for free. But this is a monumental task putting this together and as you can see, we have a lot on our plates right now.
We could sure use your support folks, please make a donation or join AMRA today.
Sounds like the DFG officer was just trying to demonstrate their “authority” over the miner. Try to keep a notepad and pen in your vehicle and write everything down. Do this in front of the officer and be sure they understand that you will be following up because the actions they take and what they say impact your rights. A couple photos of the officer and their vehicle are helpful as well.