Archive for mining, mining law, prospector, mining claim, 1865, 1866, 1872, legal, illegal, government, policy, administrative, mineral, grant, right, forest, service, BLM, DEQ, wild, scenic, hobby, gold, placer, hard, rock, hardrock, dredging, highbanking
  Forum Index -> COURTS & CASE LAW

cowboy444 recited for dredging the Rogue River

On Sept. 26th 2011 I, Randy Waters, was cited by United States Forest Service(USFS)for having a dredge at Foster Bar on the Rogue River. The ticket date of court was November 10th 2011 but a call had to be made to the State court system. The court date was set for Feb 24th 2012. On Feb 23rd I received a call from the issuing officer stating that they, USFS, were dropping their charges and turning it over to Oregon State Police. On April 26th 2012 I received a call from OSP officer Smithers saying he understood that I had some mining papers I wanted to share with OSP. I went to the Hunter Creek OSP office in Gold Beach and told officer Smithers about my problems with the USFS and how they had backed down after they discovered that they were in the wrong. At the end of the meeting I showed officer Smithers a paper copied from the Oregon State Lands website showing that mining was only closed from Graves Creek to Watson Creek. Officer Smithers brought out a paper from Oregon State Lands showing that there is no dredging in a scenic waterway and then proceeded to issue me 2 citations for polluting and polluting in a prohibited area. The citations were back dated to Sept. 26th 2011.
I'll be appearing in court on May 21st 2012 at 9:00 am in Gold Beach to file a NOT GUILTY plea and ask for a jury trial. I'll post on the forums when I find out what court date I have.


Well, after getting a court appointed attorney I have made my way back to court at least three times. My lawyer filed a Demurrer after doing investigative work for my defense. We discovered that The Rogue River lost it's Federal Wild and Scenic status in 1988 when someone failed to renew the designation. After hearing this the prosecuting attorney dropped the "Pollution" charge, however they are still pushing the "pollution not having the NP-DES 700PM permit."
Now the question is... if I haven't been charged with pollution, do I need the NP-DES 700PM permit which permits sewer treatment plants to pollute?

I have been scheduled for a jury trial on March 14, 15 2013 in Gold Beach, Oregon at the county courthouse. I'm pretty sure the room will be full of miners there to see justice done.


Good job Cowboy! Wish I could be there to watch the judge squirm on this one.

These issues need to be recognized.

As some of you know, my lawyer advised me to plead guilty in Curry County then file with the Oregon Appeals Court. This was because in Curry County I would be the only one to benefit if I had won but at the state level it would be a precedent setting law if I won.
It's been almost 4 years and I got the letter on Friday Sept 25, 2015 that the Court of Appeals affirmed the conviction meaning I lost. The good news is that I'll be off probation in March or April and ready to challenge the USFS again.



I would suggest that you appeal the ruling of 9/25/15, based on the established fact that one can not pollute a river by moving what is in fact, in the river. I could be wrong, but I think that finding was issued by the 9th in ruling against the EPA.  Maybe Hefty can correct me if need be.

Stay strong and don't surrender the ship to these government fools.

Den Forum Index -> COURTS & CASE LAW
Page 1 of 1
Create your own free forum | Buy a domain to use with your forum