ATTN: KLAMATH RIVER MINING CLAIM OWNERS

[old gold miner]

North Coast RWQCB March 2010 10-9 Staff Report for the Klamath River TMDLs,

10.3.4 Suction Dredging
Staff recommends to the Regional Water Board the limitation of suction dredging in the Klamath River Basin to certain times and locations in order to protect thermal refugia that mitigate water temperatures that are stressful to salmonids. Staff concludes that there are no specific costs to the suction dredging community associated with the TMDL or revised DO objectives. This is because the prohibition proposed for adoption does not prohibit suction dredging throughout the watershed; only in those tributaries in which thermal refugia exists.

http://www.waterboards.ca.gov/northcoas ... alysis.pdf

Maps of the Klamath River Basin in California Showing the Locations of Known Thermal Refugia

http://www.waterboards.ca.gov/northcoas ... ations.pdf


The RWQCB conclusions there are no specific costs to the suction dredge community is fatally flawed. In that RWQCB views the suction dredgers as a “community “, rather than distinct separate individual property owners. There are patented (fee simple) and/or valid unpatented mining claims covering the thermal refugia sites identified in the this study report, which are owned by a large diverse group of separate individuals.

The RWQCB’s conclusion the prohibition does not prohibit suction dredging throughout the watershed is true. But, egregiously ignores the private property rights of individuals owning mining claims situated where thermal refugia are identified. A suction dredging prohibition at any given site, certainly “takes” those individual property owners rights at such sites.

An unpatented mining claim owner owns nothing more than the right to mine their property.
Prohibiting that use, “takes” every beneficial use the mining claim owner owns.

That fact is backed by irrefutable, undeniable statutory entitlements, as well as cast iron solid case law.
All of which, any competent trial judge would certainly utilize in ruling so.

I would advise Klamath river mining claim owners to review the attached maps.
If you own a valid mining claim where a “thermal refugia” is identified.
It is certainly advisable, each of you individually, or better yet as a group, put both the SWRCB & RWQCB on “Notice” of that fact.

THIS WILL SPREAD TO EVERY GOLD BEARING RIVER IN CA.
DO SOMETHING NOW, TO INSURE YOUR RIGHTS ARE NOT TAKEN