DIVISION 3.5. MINES AND MINING [3900. - 3985.]
Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11.
§§ 3900–3985 · 51 sections
CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites §§ 3900–3924 · 25 sections
- § 3900 Any person, who is a citizen of the United States or who has declared his or her intention to become a citizen, and who discovers a vein or lode of quartz, or…
- § 3901 The locator of any lode mining claim shall define the boundaries of the claim so that they may be readily traced, but in no case shall the claim extend more…
- § 3902 The location of a placer claim shall be made in the following manner: (a) By erecting at the point of discovery thereon a conspicuous and substantial monument,…
- § 3903 The relocation of any lode or placer mining location which is subject to relocation shall be made as an original location is required to be made.
- § 3904 As to any placer mining claim which has been otherwise validly located or relocated since July 20, 1935, and as to which claim the locator or relocator has not…
- § 3905 The failure or neglect of the locator or locators to comply with the requirements of Section 3900, 3901, or 3903 shall render the location null and void,…
- § 3906 The locator of a tunnel right or location shall locate his or her tunnel right or location by erecting at the face or point of commencement of the tunnel a…
- § 3907 The boundary lines of the tunnel shall be established by conspicuous and substantial monuments placed along the lines on the surface at an interval of not more…
- § 3908 If at any time the locator of any mining claim, or his or her assigns, apprehends that his or her original location notice was defective, erroneous, or that…
- § 3909 Where a locator, or his or her assigns, has the boundaries and corners of his or her claim established by a United States deputy mineral surveyor, or a…
- § 3910 The proprietor of a vein or lode claim or mine, the proprietor of a placer claim, or the owner of a quartz mill or reduction works, or any person qualified by…
- § 3911 Within 90 days after the posting of his or her notice of location upon a lode mining claim, placer claim, tunnel right or location, or millsite claim or…
- § 3912 The amount of work done, improvements made, or maintenance fee paid to the Bureau of Land Management in the United States Department of Interior during each…
- § 3913 (a) Whenever labor is performed, improvements are made, or a maintenance fee is paid as required by law upon any mining claim, the person on whose behalf the…
- § 3914 The board of supervisors, may require, by resolution, that any person filing an affidavit pursuant to Section 3913 or any person filing a notice of intent to…
- § 3915 (a) The following are the only monuments which may be used pursuant to this chapter: (1) A wooden post not less than 11/2 inches in diameter projecting at…
- § 3916 Any person who takes down, removes, alters, or destroys any stake, post, monument, or notice of location upon any mining claim which is required by law to be…
- § 3917 Whenever a coowner or coowners of a mining claim give to a delinquent coowner or coowners the notice in writing or notice by publication provided for in…
- § 3918 The original of the notice and affidavit, or a duly certified copy of the record thereof, shall be prima facie evidence that the delinquent mentioned in…
- § 3919 If the delinquent, within the 90 days required by Section 2324 of the Revised Statutes of the United States, contributes to his or her coowner or coowners his…
- § 3920 If the coowner fails to sign and deliver the writing to the delinquent within 20 days after the contribution, the coowner so failing is liable to the…
- § 3921 The record of any location of a mining claim, millsite, or tunnel right in the office of the county recorder, as provided in this chapter, shall be received in…
- § 3922 Copies of the records of all instruments required to be recorded by this chapter, duly certified by the recorder in whose custody the records are, may be read…
- § 3923 This chapter does not in any manner affect or abolish any mining district or the rules and regulations thereof within the state.
- § 3924 Whenever any mining district in this state, organized or created under the laws of the United States, is dissolved, the officers or custodians of the records…
CHAPTER 2. Mining Partnerships §§ 3940–3950 · 11 sections
- § 3940 A mining partnership exists when two or more persons who own or acquire a mining claim for the purpose of working it and extracting the mineral therefrom…
- § 3941 An express agreement to become partners or to share the profits and losses of mining is not necessary to the formation or existence of a mining partnership.…
- § 3942 A member of a mining partnership shares in the profits and losses thereof in the proportion which the interest or share he or she owns in the mine bears to the…
- § 3943 Each member of a mining partnership has a lien on the partnership property for the debts due the creditors thereof, and for money advanced by him or her for…
- § 3944 The mining-ground owned and worked by partners in mining, whether purchased with partnership funds or not, is partnership property.
- § 3945 One of the partners in a mining partnership may convey his or her interest in the mine and business without dissolving the partnership. The purchaser, from the…
- § 3946 A purchaser of an interest in the mining-ground of a mining partnership takes it subject to the liens existing in favor of the partners for debts due all…
- § 3947 A purchaser of the interest of a partner in a mine when the partnership is engaged in working it, takes with notice of all liens resulting from the relation of…
- § 3948 No member of a mining partnership or other agent or manager thereof can, by a contract in writing, bind the partnership, except by express authority derived…
- § 3949 The decision of the members owning a majority of the shares or interests in a mining partnership binds it in the conduct of its business.
- § 3950 This chapter does not apply to any operations for the extraction of oil, gas, and other hydrocarbons.
CHAPTER 3. Placer Mining Water Pollution §§ 3960–3968 · 9 sections
- § 3960 This chapter does not apply to any placer mine operator who holds a permit to operate from the California Debris Commission.
- § 3961 Any person, firm, or corporation who engages in the operation of a placer mine on any stream or on the watershed of any stream tributary directly or indirectly…
- § 3962 The verified statement shall be verified by the operator or by someone in his or her behalf and shall contain all of the following information: (a) A…
- § 3963 Within 10 days after an owner or operator changes his or her address, or transfers the ownership or changes the operator of any mining property, a notice…
- § 3964 No placer mining operator shall mine by the placer process on any stream or on the watershed of any stream tributary directly or indirectly to the Sacramento…
- § 3965 Notwithstanding subdivision (b) of Section 3964, any placer miner who is operating by dredging process, and who desires to transport his or her dredger across…
- § 3966 Any person, firm, or corporation who violates this chapter is guilty of a misdemeanor.
- § 3967 The operation of any placer mine on ground not covered by a permit issued to the operator from the California Debris Commission, without compliance with this…
- § 3968 Nothing in this chapter deprives the state, any city, county, district, person, firm, or corporation of any right to maintain any action or proceeding, in any…
CHAPTER 4. Miscellaneous Provisions §§ 3980–3985 · 6 sections
- § 3980 Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine, are…
- § 3981 The business of hydraulic mining may be carried on within the state wherever and whenever it can be carried on without material injury to navigable streams or…
- § 3982 “Hydraulic mining,” as used in Section 3981, is mining by means of the application of water, under pressure, through a nozzle, against a natural bank.
- § 3983 Any corporation organized in this state for the purpose of mining or carrying on mining operations in or outside this state, may establish and maintain…
- § 3984 Any shareholder of a corporation formed under the laws of this state for the purpose of mining, may visit, accompanied by his or her expert, and examine the…
- § 3985 All grubstake contracts and prospecting agreements entered into after September 19, 1939, and which may in any way affect the title of mining locations, or…