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Montana

Water Rights related to Mining

I have a situation brewing with the state of Montana over water for mining usage.  They are telling me that my patented mining claim that I have which granted me the right to use the water on my property is no longer valid.  Back in 1997 or somewhere around there the State reworked the water rights.  If you didnt assert those rights during that time then you forfeit them to the State.  I didnt possess the ground during that time another company out of state did and I bet ya that they didnt know about it.  

The other problem is I found some water rights that they recognized for mining and bought those.  Now they tell me I cant dredge or disturb the stream or surrounding area without a permit's.  This is placer ground, where else on my property am I to look other than where the gold was located? Im telling them to F**k off.  That I am not asking them for permission to do anything on MY ground.

Our claims are surrounded on three sides by forest service.  The water flows from them thru me to other claims below.
1866

Montana,

You have a VERY serious problem here, as I think you well know.

In simple terms, the State of Montana is engaging in a takings and are attempting to STEAL your property. That is a CRIME.

As you already know, you have a right to mine your property and your patent is issued by a much higher authority than the State of Montana, over which they have ZERO jurisdiction. Also, the State of Montana has NO AUTHORITY to tell you that your patent is invalid. Patents are issued by the United States, not the states and ALL of them are signed by the Executive Office (ie. a President).

One thing I am concerned about is the status of your patent, as to whether you are actually a lawful grantee of said patent. Most people are not, even if they think they are. That can be remedied.

I would like to know A LOT more about your situation and ultimately, I think that what you are describing is serious enough that I feel that I am going to have to volunteer to do what I can for you.

Please drop me a PM.
lastchancelarry

montana,
i see you still have only one post and it appears you are here for help and not the class, which is a=ok with me as this forum was created by GP and others to help miners...What I wonder is if you would be willing to let us follow along so that we can learn something from your situation?
Obviosly you would have to post what is going on and what 1866 and you are able to do to combat the situation... What do you think Montana?
larry
1866

No response to my PM answer back yet to him. I suspect that Montana is otherwise occupied.
Montana

Sorry guys I am in a big push to get a couple towers up and running to get internet to the rural masses.  I promise to get back in a few weeks.

And yes I am interested in the law classes.  There are several things going on out here that needs the Light shown on them.  I'll get some of my friends on here to share their stories and legal battles.
Thanks again
lastchancelarry

Very Happy awsome
John Crossman

I am feeling much better about some of my rights, however I am still worried about water rights here in Idaho. We have a couple of claims but the local department of water say where you can and or can not dredge, regardless of the forestry issues, can we still dredge our club claims or personal claims regardless of where they are located, and what bogus rules they try to enforce?  Question What is scarry here in Idaho we are getting really thin on places to go.[/u]
lastchancelarry

that sounds so crazy as Idaho seems to be such a beautiful and wild place with so many mountains....what is happening with all the public land?
John,, what rules are they stating or using to govern you by??
And remember state law or regs do not supercede federal law
i believe in classroom #2 it is layed out there
Abram

Because they have an impact overall, when people actually start getting aware of it. Through it becomes more sensibly and reasonable.

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