2. POWER OF CONGRESS OVER MINING OPERATIONS. Congress has the power to put a stop to the workings of all mines that contribute in any degree to obstruct the navigable waters either between the States or connecting with the ocean and to prescribe the conditions upon which any work so contributing might be prosecuted. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 252. Congress intended to make the provisions of this act mandatory. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, pp. 672, 677. 3. JURISDICTION OF COMMISSION. The jurisdiction of the California Débris Commission extends to all hydraulic mining in the territory drained by the Sacramento and San Joaquin River systems in California. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 249. The jurisdiction of the California Débris Commission, so far as it affects hydraulic mining, extends to the territory drained by the Sacramento and San Joaquin Rivers, and any such mining directly or indirectly injuring the navigability of these river systems is prohibited unless authorized by the commission. County of Sutter v. Nicols, 152 Cal. 688, p. 692. 4. DUTY OF COMMISSION. It is made the duty of the commission to mature and adopt such plan or plans as will improve the navigability of the rivers comprising the system named, with a view of making the same effective as against danger from débris resulting from mining operations. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 250. It is made the duty of the commission to determine the utility and practicability of storage sites in the tributaries of the rivers mentioned and other places for the storage of débris, or settling reservoirs, and by other methods to prevent deposits of débris in such rivers resulting from mining operations. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 250. The commission is authorized to adopt plans to prevent damage from débris resulting from mining operations, with a view of restoring the navigability of the Sacramento and San Joaquin Rivers to the condition existing in 1860. County of Sutter v. Nicols, 152 Cal. 688, p. 692. 5. HYDRAULIC MINING. a. PROHIBITED WHEN INJURIOUS TO STREAMS. Hydraulic mining is unlawful and is prohibited when it directly or indirectly injures the navigability of the river systems mentioned in this section. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 249. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 672. The statute proceeds upon the theory that injury must necessarily result from hydraulic mining unless conducted in the manner permitted by the statute. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 677. The act prohibits all hydraulic mining unless the provisions of the act are first complied with. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 677. Hydraulic mining under this statute and mining by the hydraulic process as provided for in this statute is intended to have the meaning and application given to these terms in the State of California. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 249. The plain meaning of sections 4 and 5 is that mine owners within the territory drained by the rivers mentioned shall not work their mines by the hydraulic process unless they file with the commission a certain described petition. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 252. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 673. Neither Congress nor the Legislature of California has authorized the use of the navigable rivers in the State of California for the flow and deposit of mining débris to the extent that such rivers are thereby obstructed, navigation impeded or prevented, and the lands adjacent covered and injured by such mining débris. Woodruff v. North Bloomfield Gravel Min. Co., 18 Fed. 753, p. 770. No statute of the State of California in express terms authorizes the miners to fill up the channels of the waters of the State with mining débris to such an extent as to injure navigation, or to bury and destroy the lands of riparian proprietors; and such right can not be inferred from legislation recognizing and encouraging mining as in itself a lawful pursuit. Woodruff v. North Bloomfield Gravel Min. Co., 18 Fed. 753, p. 774. The prohibitory effect of sections 4 and 5 is confirmed by the provisions of section 17. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 252. b. PERMIT FROM COMMISSION NECESSARY. Under this statute mine owners engaged in hydraulic mining in the district named have no right to use the streams without the permission of the commissioners. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 677. No permit can be issued until the provisions of the act have been complied with, and hydraulic mining is prohibited unless and until such permit is issued. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 673. This section means that the things prescribed shall be done before any permit is issued. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 673. Sections 9 and 10 prescribe methods by which the owners of mineral lands may operate the same by hydraulic mining and provide the manner and method by which the débris resulting from the working of such land shall be restrained and what amount shall be produced therefrom. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 250. C. CONDITIONS ON WHICH PERMITS GRANTED PROCEDURE. The commission may grant permission to owners of mineral lands to carry on mining operations subject to the conditions of the statute and the rules and regulations of the commission. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 251. Persons desiring to operate by hydraulic process must present their verified petition as required by this section and must otherwise comply with the statute, and must construct the prescribed works under the supervision of the commission before permission is granted to operate their mine by the hydraulic method. County of Sutter v. Nicols, 152 Cal. 688, p. 692. Mine owners shall not begin operations under permission of the commission until impounding dams, restraining works, or settling reservoirs are in such condition as the commission may deem safe. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 251. The provisions directing notice to be given and authorizing a hearing were intended to conclude and estop the lower landowners with respect to subsequent injuries that might be inflicted, but were only designed to enable the commission to obtain all aid which it could derive from the suggestions of all persons whose property was believed to be in danger, in order that the commission could better advise as to the means and plans necessary to prevent such injury. County of Sutter v. Nicols, 152 Cal. 688, p. 696. No more mining débris shall be permitted to be washed from any hydraulic mine than can be cared for within the restraining works erected. United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, p. 251. 1. JURISDICTION MINING. B. STATE COURTS. ΤΟ PREVENT INJURY FROM HYDRAULIC 2. INJURIES FROM HYDRAULIC MINING INJUNCTION. 1. JURISDICTION TO PREVENT INJURY FROM HYDRAULIC MINING. The State courts have jurisdiction and power to prevent actual or threatened injury caused by hydraulic mine operations, though such operations are carried on strictly in accordance with the permission given by the débris commission. County of Sutter v. Nicols, 152 Cal. 688, p. 691. The mining débris commission authorized by this act is not a judicial tribunal and its findings and the permission granted by it to operate a hydraulic mine are not conclusive upon the State courts, and a person whose property is in fact injured may have relief in the State courts, though the mining is carried on pursuant to permission granted by the commission and in strict compliance with its directions and supervision. County of Sutter v. Nicols, 152 Cal. 688, p. 693. 2. INJURIES FROM HYDRAULIC MINING INJUNCTION. A mining company may be enjoined from working a placer mine by the use of hydraulic pressure thereby washing out the gravel, sand, and débris, and causing the same to accumulate in a natural watercourse to the extent that such watercourse is obstructed and such gravel, sand, and débris are thereby deposited upon the lands of the riparian owners to their permanent injury. Woodruff v. North Bloomfield Gravel Min. Co., 18 Fed. 753. Hardt v. Liberty Hill Consol., Min., etc., Co., 27 Fed. 788. United Sates v. North Bloomfield Gravel Min. Co., 53 Fed. 625. See United States v. North Bloomfield Gravel Min. Co., 81 Fed. 243, pp. 248, 252. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, pp. 671, 676. McCann v. Wallace, 117 Fed. 936. People v. Gold Run, etc., Min. Co., 66 Cal. 138. The fact that parties violating the provisions of this act subject themselves to penalties does not prevent the issuance of an injunction. North Bloomfield Gravel Min. Co. v. United States, 88 Fed. 664, p. 677. A mining corporation enjoined from operating its mine by the hydraulic process because of obstruction to navigation and injury to adjoining proprietors will not on mere intimation be enjoined a second time where, on permission from the court, it has erected proper impounding reservoirs by means of which it impounded upon its own land and within its own mines all material likely to obstruct navigation or injure adjoining landowners. United States v. North Bloomfield Gravel Min. Co., 53 Fed. 625, p. 629. 34 STAT. 1001, FEBRUARY 27, 1907. California Débris Commission-AMENDMENT. AN ACT To amend section 13 of an act of March 1, 1893, entitled "An act to create the California Débris Commission, etc." Be it enacted, etc., That section 13 of an act of March 1, 1893, entitled "An act to create the California Débris Commission and regulate mining in the State of California," is hereby amended so as to read as follows: "SEC. 13. That in case a majority of the members of said commission, within 30 days after the time so fixed, concur in the decision in favor of the petitioner or petitioners, the said commission shall thereupon make an order directing the methods and specifying in detail the manner in which operations shall proceed in such mine or mines; what restraining or impounding works, if any, if facilities therefor can be found, shall be built and maintained; how and of what material; where to be located; and in general set forth such further requirements and safeguards as will protect the public interests and prevent injury to the said navigable rivers and the lands adjacent thereto, with such further conditions and limitations as will observe all the provisions of this act in relation to the working thereof and the payment of taxes on the gross proceeds of the same: Provided, That all expense incurred in complying with said order shall be borne by the owner or owners of such mine or mines: And provided further, That where it shall appear to said commission that hydraulic mining may be carried on without injury to the navigation of said navigable rivers and the lands adjacent thereto, an order may be made authorizing such mining to be carried on without requiring the construction of any restraining or impounding works or any settling reservoirs: And provided also, That where such an order is made a license to mine, no taxes provided for herein on the gross proceeds of such mining operations shall be collected." 30 STAT. 1121, p. 1152, MARCH 3, 1899. DEPOSITING REFUSE IN NAVIGABLE WATERS. AN ACT Making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, etc. Be it enacted, etc., That the following sums of money be, and are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to be immediately available, and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers, for the construction, completion, repair, and preservation of the public works hereinafter named: SEC. 13. That it shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided, That nothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of War, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful. |