http://www.oregongoldhunters.com/viewtopic...=103&t=1876 Kerbyjackson:
Holy crap, you guys missed a good one. That said, the meeting was well attended, even by miners coming from as far away as Seattle.
The visit by Kathy Smith was "interesting" to say the least because it was made pretty clear that the powers-that-be fully intend to gang up together and to come after the public's use and rights of water. The self-righteousness, sheer arrogance and ignorance of law was pretty alarming, as indicated by the topics below:
1. She came right out and said that her superiors had instructed her to NOT comment on or discuss any questions/comments regarding water and mining law. She claimed that Oregon water laws originated in 1909 and then would not address the Oregon water laws of 1899 when presented to her, let alone the fact that the State of Oregon recognized the Mineral Grant of 1866 as supreme law and that Congress already granted the right to water for the purpose of mining. (ie. Apparently, the State of Oregon's new OFFICIAL policy is that they will not only ignore the Laws of the United States, but that they will also ignore state laws that do not fit within their current agenda).
2. Openly admitted to harassing and interfering with miners on the Illinois River and Josephine Creek for the purpose of requesting assorted permits and issuing orders when she is NOT law enforcement. When informed that she not only lacked authority and jurisdiction to engage in this activity, was violating Oregon State Mining Laws and that the official policy of the County Sherriff was "hands off" miners and recognition of the 1866, 1870 and 1872 Mining Acts, it became clear that she was being instructed to usurp the authority of our County Sheriff here in Josephine County who is the supreme law enforcement of this county.
3. Stated that the use of a "highbanker" or other method that pumps water above the wet perimeter is "diversion" and requires a water right and that this is required whether you are on a claim or not. She then attempted to extort monies from miners for the purpose of selling water rights to mining claim owners who already have a right to water, but stated that BLM was the "real owner" of said claims and would therefore be the actual water rights applicant and would probably not bother with the application. Obviously, if a claim owner believes this nonsense that you need a water right and applies for one and is refused, the validity of the claim could be challenged (afterall water is required for mining and you are required to perform work on your claim to legally maintain it). At the very least, the value of a claim is damaged and that is a takings.
And the list just goes on and on.
Needless to say, Smith's little speech did not go over well with those in attendence and quite a number of people openly challenged her. She was also put on notice that her activities violated long established law and warned that her superiors were not likely to protect her when challenged.
See what you miss when you don't attend Pottsville?