The record-union., 1893-02-22
Caminettis Measure Now Awaits
the Presidents Signature.
1T WILL PROBABLY BECOME a LAW
WITHIN A FEW DAYS
Provisions of an Act Which Is of Great
Interest to Both Farmers and Min
ers In This Section of the State
Many Important Duties to Devolve
Upon the Commission of Engineers.
Special to the REcoRp-UxIoS.

hydraulic mining bill IS now awaiting
the signature of the President. There is
little reason to doubt that the bill will be-
come a law within few days, synopsis
OF which follows:
The objects of the measure are to pro-
vide for the resumption of hydraulic
mining under governmental supervision,
when the same can be permitted with
safety to all public and private interests,
and for the improvement of the navi-
gable waters of the Sacramento and San
Joaquin river systems so as to restore the
former navigable conditions.
\ commission of three members of the
corps of engineers of the United States
army is created to mature, adopt and exc
cute plans to carry out the purposes of
the measure, and TO prescribe rules and
regulations therefor. These will include
methods of restraining material now in
the rivers and tributaries, as well as that
now in place which may be moved by
future operations under the law; the de-
termination of the practicability of stor-
age sites for debris, or water, or as settling
reservoirs in tributaries, or in the basin,
sloughs and swamp lands; the examina-
ton of mines now working or hitherto
worked, without injury, to ascertain the
results of experience therein; inspection
from time to time of the channels of the
river systems to note the effect of mining
operations and erosion generally. This
inspection is also directed to be made of
mines operating under the orders of the
commission.
Other duties of the commission are to
be: The Limitation of the amount of de-
bris washed from the mines to the ca
pacity of the restraining works erected;
tho exercise of power to modify any per-
mission granted, or. when public inter
ests demand, to absolutely revoke the
same; the enforcement of the orders
thereof. when violated, by process in the
courts, in addition TO the forfeiture of the
rights previously secured, and the exc
cution of the law when parties mine with
out lawful permission.
The term Hydraulic mining'' is de-
clared to have the meaning applied
thereto in California. Such mining car
ried on in territory tributary to the river
systems mentioned, directly or indirectly
injuring their navigability other than as
illegal. All persons who shall mine by
the hydraulic process. directly or indi-
rectly injuring navigable waters of the
United States in violation of the provis-
ions, are declared guilty of misdemeanor.
This portion takes effect on May l, 1893,
and the rest of the law becomes operative
on approval by the President.
All persons who damage or destroy any
dam or other work erected as.provided
by the commission are declared guilty of
misdemeanor. To obtain permission to
mine, verified petition must be filed,
setting forth such allegations as will
comply with the law and the rules pre-
scribed by the commission. This is to be
accompanied by an instrument surren-
dering to the United States the privilege
to regulate by the law and the rules
adopted Hereunder the manner and
method of working the mine described
and the amount of material that may be
washed out This surrender is to apply
only to the working of the mine by the
hydraulic process.
When two or more claims are situated
so as to have common site for storage
the owners may unite in one proceeding.
On the filing of petition notice of its
hearing shall be published in some news
paper of general circulation in the com
munities interested. Pending this publi-
cation the commission, or a committee
therefrom, shall personally examine the
mining property set forth in the petition.
On or before the date fixed the peti-
TONER or contestants, if there be any may
file affidavits, plans and maps in support
of their respective positions. Ii majority
of the members of the commission concur
in a decision favoring the granting of per-
mission the order shall specify in detail
what impounding or other restraining
works shall be built and maintained at
the expense of the petitioner and of what
material, and in general shall set forth
any further requirements and safeguards
for the protection of the rivers and the
lands adjoining.
Within a reasonable time after the
order is made the petitioner must pre-
sent to the commission plans and specifi-
cations of all such works for approval.
When approved, construction may COM
rnence under the inspection of the COM
mission on the completion and ac-
ceptance of the work in compliance with
the approved plans mining may proceed.
subject to the provisions of the law. The
cost of building and maintaining re-
straining works where more than one
mine is affected shall be divided bv the
commission among the respective own
ers. If "a dam is already constructed and
a amine-owner above obtains permission to
operate the commission shall determine
what is a reasonable compensation to be
paid to the original builder.
In all cases where it is practicable re-
straining works are to be erected at or
near mines and before reaching the man
tributaries ofnavigable streams. For the
better protection of the rivers and val
leys a system of dams, intended to hold
back the material already in the streams
above the valleys and such as may escape
the restraining works erected, is contem-
plated. Surveys thereof have already
been made, first under the Mendell com
mission of 1882, and again under the
Biggs commission, all of which are
adopted so far as applicable.
When the appropriations are made, or
when, to insure their building without
waiting for Government action, money
is advanced for the purpose, such works
shall be constructed by commission, per-
sons using the works in whole or in part