The record-union., 1892-02-29
Hydraulicking May Be Resumed
Without Serious Results.
ELABORATE PLANS FOR PROTECT
ING THE VALLEYS
Bill Agreed Upon Which VIII Be Pre-
scented to Congress Allowing n.y.
draulic Mining, and Providing for
Impounding and Restraining Dams
Strict Provision Against the EN-
Special to The REcoRp-uNrox.

plOyIuSnO OF An1noSS Mines.
Special to the RECoRD-UNIoN.
WASHINGTON, Feb. 2S.-The gentle
men who represent the miners and
farmers of California have finally
agreed upon bill that is salts
factory to both sides. and it win be
introduced IN the House at the first OPP
portunity. 1t contains the principal
features of both the Geary and Camin-
ETH bills, but the proposition to assess the
gross output Of the mines, thus convert
ing the appropriation into mere loan
from the Government, is omitted, and
will not be inserted until the Miners
OF which will meet III San Francisco on
Monday, gives IT'S assent.
The first section OF the bill provides for
a permanent commission, to be known as
the California Debris Commission, con-
sisting of three members The second
section describes the purposes of the Act
as "tlrst-To construct restraining and
lmpounding dams, settling basins, relief
canals and other works calculated to pro-
tect the navigable waterways and chan
nelS of the Sacramento and San JOAQUIN
River systems from the encroachment of
ana damage from debris resulting from
mining operations, natural erosion or
other causes, and to permanently i'm
prove them. Second-To permit, on be-
half of the United States. hydraulic min
ing on the tributaries of these rivers and
the respective branches of such tribu-
taries under the provisions of this Act;
provided, that no injury or damage re-
suits to the navigable waterways and
channels Of the river systems"
The jurisdiction OF the commission eX-
tends to mining on the tributaries Of those
rivers. The Secretary of War Will desig-
nate three officers of the engineer corps
of the army to constitute the commission
within ten days after passage of the Act.
| The office OF the commission is to be in
San Francisco, and it will organize within
thirty days afer its appointment, when
it will adopt rules of procedure for mine
| owners. The United States District At
torney of the northern district of Califor-
mia will advise the commission and in
stitute all legal proceedings.
The duty of the commission will be to
adopt plans to restore, as near as practical
bic and as the necessities Of commerce de-
mand, the naVigability of the rivers to
the condition existing in 1850. The bill
also makes it the duty Of the commission
| to determine the utility of storage sites in
canyons and tributaries of the rivers or
in plains, basins, sloughs, tule and swamp
lands adjacent TO them for the storage of
debris or water, or as settling reservoirs.
with the object of using them to aid in
the improvement and protection of navi-
gable rivers by preventing the deposit
therein of debris resulting from mining
operations, or for affording relief thereto
in flood time and providing sufficient
water to maintain securing force in the
summer season.
The commission will restrain, when
appropriations therefor are made, by
dams or other methods, all material
! lodged in the waterways and channels of
the rivers and their tributaries, in order
10 better protect them, and will note from
time to time, at the high and low stages
! OF water, the amount OF material carried
| in suspension, and will examine and es-
| innate from time to time the amount OF
| hydraulic mining carried on on each side
of the rivers, and will ascertain where
| the material so mined goes. In general
| the commission viii make study of the
hydraulic mining industry and devise
methods whereby such mining may be
carried on without injury to the navi-
! gable rivers. The commission will make
annual reports, with plans of construc-
! ton and estimates which will, in turn,
! be transmitted to Congress.
! The Act gives definition of hydraulic
/
! ing ground desiring to operate hydraulic
mines shall file petitions, verified under
oath, giving descriptions of the ground
! intended to be worked, the depth of the
! bank and the character Of the material /:
the amount of earth 10 be moved the
! quantity of water 10 be used, the number
| of monitors proposed to be EMPLOYED.
the character and extent of the dump, the
distance from a navigable river, what
| facilities at the mine or elsewhere exist
| Tor impounding and restraining the de-
| bris, or settling the material carried in
suspension after leaving the impounding
dams or the point of discharge of the
mine; what, If any restraining impound
works and settling reservoirs such owner
proposes 10 build at his or its expense, of
what material and at what place, also
stating the capacity thereof. This pc
tition shall be accompanied by plans and
! specifications of restraining and other
works proposed to be built.
The owners of such mines shall sur
render TO the United States the right and
privilege to regulate by law the manner
in which the debris resulting from the
working Of the mines shall be disposed
of. The surrender will in no way affect
| the right Of the owners TO operate the
mines by any other process now in use.
The use of common dumping sites is pro-
vided for.
After the petition is filed, the commits
| sion viii fix the date for hearing, adj
vertiSing 1t for ten days in San Francisco
and Sacramento, and the law fixes the
| order of purchase in the hearing as 30 the
! introduction of testimony, contests, etc.
In thirty days the commission Will give a
! decision which will be final, unless good
cause for Tehearing Is shown by the de-
feated party, and VIII then specify what
works are TO be constructed and how the
| operations shall proceed, having the pro-
| lection of the owners always in view.
| When the works have been completed
and approved by the engineers, permits
1 sion TO mine will be given, but first
everything must be complete. In case of
joint petition for common dumping
/ site the commission will decide the
amount TO be paid by each petitioner to-
ward building the necessary restraining
or inlpounding works.
in all cases where it is practicable re-
/ straining and impeunding works are TO
/ be provided by mine-oWners near the
mines before reaching the main tributa-
RES OF the naylgable river. At no tiE ?
! Will more debris be permitted to he
! washed away from any hydraulic mines
than can be properly cared for at the
mines or by the restraining works, or
which, in the aggregate, viii produce
material to be carried in suspension in
/ the rivers in excess of the carrying ca
| pacity of the current.
/ When necessary or advisable the COM
mission can modify any order granting
/ privilege TO mine by hydraulic process,
and any violation of the order will be
/ punished by forfeiture of the privilege.
For the malicious destruction of any
dams or other works a penalty is pro-
vided of a fine not exceeding 5000 or i'm
prisonment for not less than five years,
j or both.