mining claim rights, validation and/or violation of mining claim rights Options

[marbleskies]

Last week I completed my annual week long trip to the Arkansas River Valley to find some color and enjoy the experience of being with fellow prospectors. For many years I have made this trip to the same region covering Twin Lakes to Salida. This year I was appalled to find the following:
- the greatest dis-regard ever encountered for respecting mining claim rights. On a daily basis I came across prospector(s) working a clearly marked private claim. These events occurred on the Arkansas River north of B.V. (across and south of Elephant Rock and also at the river bend by Stone Cabin), the Mary Murphy Mine above St Elmo and Flume creek (connecting the Lost Canyon Mine to Twin Lakes). When I would inquire if they knew whose claim they were working the answer fell into the following buckets: this is a GPAA claim and they were GPAA members (so am I, but I also know where the GPAA claims actually exist), they were on a "disputed claim" and anyone could work the claim until the BLM settled the issue or they did not care whose claim it was cuz no one was there to tell them to stay off it. My approach to learning about their knowledge of the claims was to say "I want to make sure I am not working a private claim, do you know the status of this land?"
- the number of prospectors has significantly increased from the last two years. Perhaps driven by the economy and the price of gold, but the impact is seeing a horde of prospectors almost on top of each other. Another reason for this may be the water level on the Arkansas was low due to a recovery search that reduced flow earlier than normal.
- a large number of "holes" not being backfilled and a general disregard for leaving the land as it was found

The positive was:
- I wasn't skunked, but neither was it a banner year......
- I met some very nice folks who shared stories and helped enrich my journey
- Larry is still at Cache Creek, just off the Lost Canyon Road, and he is a genuine person unique to the area and has a true concern for helping people enjoy their prospecting experiences. BTW: seemed like a lot of activity at Cache Creek with folks being rewarded for their efforts, but you have to arrive early to claim a "hole". I was focusing on trying a new Mine Lab detector in the area (skunked in this attempt) so did not work the dig.

Suggestion: as we refer folks to areas to try their luck we may be wise to emphasize the need to understand, recognize and respect mining claims.

BTW: felt like the mosquitos were trying to carry me off at times, has been a wet summer in the Rockies and there is an abundance of the pests so be sure and bring the bug juice!

Good Luck!

[Boogie]

I know exactly what you mean. I'm amazed at the number of people who apparently have no respect for property and claim ignorance about mining claims. Some saying they are noobs and since they didn't see any markers, then it must not be a valid claim. Others seem totally clueless or just don't care otherwise. The situation isn't pretty and I don't think it will get better any time soon. This is my first year prospecting. Has it been like this very long? The Gold Fever show should set aside a few minutes on each episode dedicated to educating the public and GPAA members about land status awareness and respect for property and the environment. That wouldn't bring the problem to an end, but at least more peeps would have a clue.

Heck! I wouldn't mind being required to obtain a prospecting license and present it on demand if it would help keep people honest and respectful.

[CP]

Hi Marbleskies, glad you're trip went well except for the lack of respect towards claims owners. That part is very disappointing. We always concentrate on doing just that, making sure folks that read these forums understand what claim onwership is about and how to find out about it.

Yes Boogie unfortunately it's been going on like this for a long long time, especially in the recreational areas. This can change though when real prospectors who want to know, are learning about it and passing on that knowledge of claim ownership and it's importance for any prospector to know when out prospecting in the field.
The Colorado Prospector club was created for just this purpose in 2003, so prospectors would have a good source of information concerning mining claims and we've dedicated the entire website to it.
No other club at that time or now teaches it's members about these topics.

CP

[Boogie]

Especially in the recreational areas? I don't understand... I thought the problem was when careless, ignorant and pathetic individuals strayed away from the recreational areas and onto private claims.

I have heard that putting claim violators behind bars is not a trivial task (I do not know the validity of this). I can imagine that the frustration of dealing with these people would grow old and I'm surprised there hasn't been a lot of violence because of it. With the price of gold driving more and more folks into the sticks, that means more and more potential for problems. Only the law abiding, respectful and considerate prospectors will take it upon themselves to learn the proper. Now, if only we could grab everyone else by the back of the neck and shove there eyeballs up against the computer screen, and help them read the big words, we might have a chance of straightening out a couple of them.

Babblin' Boogie

[johnsonjones]

Just to add something ,I know this is from a long time ago but the BLM in no shape or form will handle any claim disputes. They will only take action on their own laws no disputes. That is always a state legal matter. It would be up to the miners in dispute and the BLM will offer nothing but recorded documents. The BLM will allow 50 different people to stake the same area as long as they pay. They have no laws for claim jumpers. STATE MATTERS ONLY. It is disturbing to know the BLM is as loose as they are but thats why you do everything properly with the BLM laws and even more so with state laws. State laws are how things are settled in court.

[leonard]

Just to add something ,I know this is from a long time ago but the BLM in no shape or form will handle any claim disputes. They will only take action on their own laws no disputes. That is always a state legal matter. It would be up to the miners in dispute and the BLM will offer nothing but recorded documents. The BLM will allow 50 different people to stake the same area as long as they pay. They have no laws for claim jumpers. STATE MATTERS ONLY. It is disturbing to know the BLM is as loose as they are but thats why you do everything properly with the BLM laws and even more so with state laws. State laws are how things are settled in court.

As a claim owner on the arkansas, I have mixed feelings on the new dredging regulations there. On the good side, there aren't anywhere as many dredgers out there and the enforcement officials seem to keep an eye on our claims and they don't seem to bother us. The negative side is if you don't have any claims, you probably won't be doing any motorized operations. This points out the importance of getting your own claim if possible. It gives you a lot more say in what goes on.

Hopefully this fall, Labor day, we may open our claims for members of the Colorado prospectors for a few days while we are down there.

Also, we probably will give access to our Douglas Creek claim in Wyoming for the 4th of July. I'll post further details here in late June.

Leonard

[russau]

this will be great! i only hope its not flooding again like last year!

[johnsonjones]

As a claim owner on the arkansas, I have mixed feelings on the new dredging regulations there. On the good side, there aren't anywhere as many dredgers out there and the enforcement officials seem to keep an eye on our claims and they don't seem to bother us. The negative side is if you don't have any claims, you probably won't be doing any motorized operations. This points out the importance of getting your own claim if possible. It gives you a lot more say in what goes on.

Hopefully this fall, Labor day, we may open our claims for members of the Colorado prospectors for a few days while we are down there.

Also, we probably will give access to our Douglas Creek claim in Wyoming for the 4th of July. I'll post further details here in late June.

Leonard

I also have multiple claims on the Arky and really it is important to have your own claims. The BLM only wants miners to be responsible for there actions and reclamation. I think overall they do a good job in that department. The bonds for working your claims are more than reasonable. I can see why they hassle club claims as they do tend to see a bit more damage. They want one person to be responsible for reclamation and that is how it should be in my opinion. But what gets me is how they handle the claim staking and claim jumping process. (which they actually dont.) It seems to me they should not make a claim active if someone has filed properly within all the rules which are fairly straight forward and easy to comprehend. I have had three claims staked over this season alone. I handled it without courts thank goodness but its a royal pain. Oh well just keep on truckin ,I know the BLM is swamped with all the new claims and what not. Overall I dont want to sound like im bashing the BLM they have a responsibility to mother nature and I applaud them for taking care of her as I enjoy it to much =)

[CP]

Hopefully this fall, Labor day, we may open our claims for members of the Colorado prospectors for a few days while we are down there.

Also, we probably will give access to our Douglas Creek claim in Wyoming for the 4th of July. I'll post further details here in late June.

Leonard

Thanks for the generous invite Leonard, that's awesome and I'll bet a few Colorado Prospector club members would love to visit your claims sometime.

CP