The record-union., 1893-01-18
4HE MINING BILL.
Full Text of the California Debris
Commission Bill.
The Act as Passed in the House July
IS, 1892, Referred In the Senate
July 18th and Reported With
Amendments January 10, 1898.


sion and hydraulic mining bill as re-
ported by the Committee on Mines and
Mining in the United States Senate Jan
uary 10, 1893. al the amendments re-
ported are in this copy and all the COM
mittee struck out is omitted:
An Act to create the California Debris
Commission and regulate hydraulic
mining in the State of California.
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That a
commission is hereby created, to be
known as the California Debris Commits
sion, consisting Of three members. The
President of the United States shall, by
and with the advice and consent of the
Senate, appoint the commission from
officers of the Corps of Engineers, United
States Army. Vacancies occurring there
IN shall be filled in like manner. 1t shall
have the authority and exercise the pow
ers hereinafter set forth, under the super
vision of the Chief of Engineers and di-
rection of the Secretary of War.
Section 2. That said commission shall
organize within thirty days after its ap-
pointment by the selection of such Off
GERS as may be required in the perform
ance of its duties, the same to be selected
from the members thereof. The MEM
berS OF SAID commission shall receive no
greater compensation than is now allowed
by law to each. respectively, as an officer
OF SAID Corps of Engineers. 1t shall also
adopt rules and regulations, not incon7
slstent with law, to govern its delibera-
IlonS ana prescribe the method of pro-
cedure under the provisions of this Act.
Section 3. That the jurisdiction of said
commission, in SO far as the same affects
mining carried on by the hydraulic pro-
cess, snail extend to all such mining in
the territory drained by the Sacramento
and San Joaquin River systems, Hy-
draulic mining, as defined in Section s
hereof, directly or indirectly iniuring
the navigability of said river systems
carried on in said territory other than as
permitted under the provisions of this
Act, Is hereby prohibited and declared
unlawful.
Section l. That it shall be the duty of
SAID commission to mature and adopt
such plan or plans, from examinations
and surveys already made and from such
additional examinations and SURVEYS as
II may deem necessary, as will improve
the navigability Of all the rivers COM
prising said systems, deepen their
channels and protect their banks. Such
plan or plans shall be matured with
view OF making the same effective as
against the encroachment of and damage
from debris resulting from mining opera
lions, natural erosion or other causes,
with view of restoring, as near as prac-
ticable and the necessities of commerce
and navigation demand, the navigability
of said rivers to the condition lexistinp in
1860. and permitting mining by the hy-
drauhc process, as the term is understood
IN said State, to be carried, provided the
same can be accomplished without injury
to the hav1gability of said rivers or the
lands adjacent thereto.
Section .. That it shall further examine.
survey and determine the utility and
practicability, for the purposes herein
after indicated, of storage sites in the
tributaries of said rivers and in the re-
spective branches of said tributaries, or
in the plains, basins, Sloughs and tule
and swamp lands adjacent to or along the
course of said rivers. for the storage Of de-
bris or water or as settling reservoirs, with
the object of using the same by either or
all of these methods to aid in the inn
provement and protection of said navi-
gable rivers by preventing deposits
therein of debris resulting from mining
operation, natural erosion, or other
causes, or for affording relief thereto in
flood time and providing sufficient water
10 maintain securing force therein in the
summer season; and in connection there
with to investigate such hydraulic and
other mines as are now or may have
been worked by methods intended to re-
strain the debris and material moved in
operating such mines by impounding
dams, settling reservoirs, or otherwise,
and in general to make such study of and
researches in the hydraulic mining in
dustry as science, experience and engi-
neerlng skill may suggest as practicable
and useful IN devlslng method or meth
DDS whereby such mining may be carried
on as aforesaid.
Section 8. That the said commission
shall from time to time note the condi-
af III
rlVer systems, by crOSS-sectiOn surveys
or otherwise, in order to ascertain the
effect therein of such hydraulic mining
operations as may be permitted by its
orders and such as is caused by erosion,
natural or otherwise.
Section Z. That said commission shall
submit to the Chief of Engineers, for the
information of the Secretary of War, on
or before the 18th day of November OF
each year, report of its labors and trans
actions, with plans for the construction.
completion and preservation of the Dub.
lie works outlined in this Act, together
with estimates of the cost thereof, stating
what amounts can be protitably expended
thereon each year. The Secretary o.
War shall thereupon submit the same tc
Congress on or before the meeting
thereof.
Section s. That for the purposes of this
Act hydraulic mining" and mining by
the hydraulic process" are hereby de.
clared to have the meaning and applica-
tion given TO said terms in said State.
Section 3. That the individual proprie-
tor or proprietors, or in the case of a cor.
poratlon Its manager or agent appointed
Tor that purpose, owning mining ground
in the territory in the state of California
mentioned in Section hereof. which it is
desired to work by the hydraulic process
must file with said commission a verified
trrarr fort n \, =, -
comply with law and the rules prescribed
by said commission.
Section 10. That said petition shall be
accompanied by an instrument duly ex-
ecuted and acknowledged, as required bv
the law of the said State. whereby the
owner or owners Of such mine or mines
surrender to the United States the right
and privilege to regulate by law, as pro
vided in this Act, or any law that NAV
hereafter be enacted, or by such rules and
regulations as may be prescribed by vir-
tue thereof, the manner and method in
which the debris resulting from the work
ing of said mine or mines shall be re-
strained, and what amount shall be pro-
duced therefrom, it being understood that
the surrender aforesaid shall not be con-
strued as in any way affecting the right OF
such owner or owners to operate said
mine or mines by any other process OF
method now in use in said State; pro-
vided, that they shall not interfere with
the navigability of the aforesaid rivers.
Section Il. That the owners of several
mining claims situated so as to require q
common dumping ground or dam or other
restraining works for the debris issuing
therefrom in one or more sites, may file q
joint petition setting forth such facts in
addition to the requirements of Section
hereof; and where the owner OF a hy-
draulic mine or owners of several such
mines have and use common dumping
sites for impounding debris, or as settling
reservoirs, which sites are located below