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Idaho, Warm Springs Placer Salmon River, Sawtooth N. R. A.

 
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1gopher1



Joined: 27 Feb 2014
Posts: 4
Location: Pocatello,Idaho

PostPosted: Thu Feb 27, 2014 6:45 pm    Post subject: Idaho, Warm Springs Placer Salmon River, Sawtooth N. R. A.  Reply with quote

I am hoping to learn how the forest service can release a scoping notice to the public for casual prospecting with a shovel and a pan and water from the Salmon River. This is the fourth plan of operations. Now am being told of a decision process for April, 2014 with expected implementation expected in 7/20/2014 through SOPA (schedule of proposed actions by Heidie Torrealday, @fs.fed.us  The claim from july 17 1960 has paid its schedule of maintanance fees since then.    gopher is confused but want to be able to use this 20 acre claim. I am a brown water D. VET  68/69 VIET NAM RIVER DIV 1  Have been introduced to John and Nicole with the S. W. I. M. A. AND WANT TO THANK ALL FOR THE HELP and time to guide to all this info.  Feb 27, 2014
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Wallrat



Joined: 24 Feb 2012
Posts: 92

PostPosted: Fri Feb 28, 2014 2:03 pm    Post subject: Reply with quote

Two things off the top of my head: you are NOT a "casual use" prospector. Prospecting is not recreation. You are exercising a property right. Those minerals on your valid claim are yours, and the Mining Law gives you the right to go get them. Look in the homework section and do as much of the work as you can.

 Secondly, read the Idaho Constitution. It gives us Idaho miners the right to use Idaho waters for mining.  I hope someone more knowledgeable than I can help out here...in case I'm mistaken on something.
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Wallrat



Joined: 24 Feb 2012
Posts: 92

PostPosted: Sat Mar 01, 2014 3:10 am    Post subject: Reply with quote

CONSTITUTION OF THE STATE OF IDAHO

ARTICLE XV WATER RIGHTS

Section 3. Water of natural stream -- Right to appropriate -- State's regulatory power--Priorities. The right to divert and appropriate the unappropriated waters of any natural stream to beneficial uses, shall never be denied, except that the state may regulate and limit the use thereof for power purposes. Priority of appropriation shall give the better right as between those using the water; but when the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall (subject to such limitations as may be prescribed by law) have the preference over those claiming for any other purpose; and those using the water for agricultural purposes shall have preference over those using the same for manufacturing purposes. And in any organized mining district those using the water for mining purposes or milling purposes connected with mining, shall have preference over those using the same for manufacturing or agricultural purposes. But the usage by such subsequent appropriators shall be subject to such provisions of law regulating the taking of private property for public and private use, as referred to in section 14 of article I of this Constitution.

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