Rare Reversal, Californians Regain The Right To Mine Gold Underwater, Dredging Legal Again

Rare Reversal, Californians Regain The Right To Mine Gold Underwater, Dredging Legal Again

AUN-TV knows many of the key players in the small miners rights movement and have found out that today, after many years in the courts that the small miners have won in terms of underwater mining in California.   For over 100 years many Californians used suction devices, underwater dredges, to recover gold from the Mother Lode streams and streams in other areas of the state. Then is was banned by the California Legislature.

Today that ban was reversed.    It has been referred to as the Ochoa Judgment.  Here is the complete court judgment:  http://westernminingalliance.org/wp-content/uploads/2015/01/OchoaJudgement1122015.pdf

Key Ruling

CDW MSA against Kimble PLP and New 49 ers:

On its motions for summary adjudication the Court finds there is no triable issue of material fact on the issue of Federal Preemption and that as a matter of law and in actual fact that the State s extraordinary scheme of requiring permits and then refusing to issue them whether and or being unable to issue permits for years stands as an obstacle to the accomplishment of the full purposes and objectives of Congress under Granite Rock and a de facto ban.

GoldMiningUnderwater25p

Many businesses have been ruined during the now determined to be illegal ban.  As the judgment noted the state engaged in phony ploys to ban it.

This is quite the reversal from the normal steady reduction of individual rights in California.  For full disclosure this reporter has engaged in underwater mining in California in the past.  The nugget pictured in on my hand and am also the diver pictured.

 

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