Page:United States Statutes at Large Volume 27.djvu/534

 508 FIFTY-SECOND CONGRESS. Sess. II. Ch. 183. 1893. sptsngemnasutu of Sec. 6. That the said commission shall from time to time note the ""‘"‘“° °b““'“`°" conditions of the navigable channels of said river systems, by crosssection surveys or otherwise, in order to ascertain the effect therein of such hydraulic mining operations as may be permitted by its orders and such as is caused by erosion, natural or otherwise. 4******** *°P°*‘*- Sec. 7. That said commission shall submit to the Chief of Engineers, · for the information of the Secretary of War, on or before the fifteenth day of November of each year, a report of its labors and transactions, emma. with plans for the construction, completion, and preservation of the public works outlined in this act, together with estimates of the cost thereof, stating what amounts can be profitably expended thereon each year. The Secretary of War shall thereupon submit same to Congress on or before the meeting thereof mg§g";}`*3¤;}i2*b¤i{,*; Sec. 8. That for the purposes of this act “ hydraulic mining" and aqnyn»u1icpm€¤¤=· "mining by the hydraulic process," are hereby declared to have the ‘*°‘"'°"· meaning and application given to said terms in said State H{¢g¤¤¤*i·=_ r¤i¤¤E Sec. 9. That the individual proprietor or proprietors, or in case of a
 * §:m.§Y.$Y`°°'"" corporation its manager or agent appointed for that purpose, owning

mining ground in the territory in the State of California mentioned in .4»u,p.so1. section three hereof, which it is desired to work by the hydraulic process, must file with said commission a verified petition, setting forth such facts as will comply with law and the rules prescribed by said commission. sumuaeravnma Smc 10 That said petition shall be accompanied by an instrument §,‘§,,*§',°{°“§‘;§{‘,§,'g‘ duly executed and acknowledged, as required by the law of the said ac.State, whereby the owner or owners of such mine or mines surrender to the United States the right and privilege to regulate by law, as provided in,this act, or any law that may herafter be enacted, or by such rules and regulations as may be prescribed by virtue thereof, the manner and method in which the debris resulting from the working of said mine or mines shall be restrained, and what amount shall be produced _:;°'“?”n;*&j therefrom; it being understood that the surrender aforesaid shall not rama. " be construed as in any way affecting the right of such owner or owners to operate said mine or mines by any other process or method now in use in said State: Provided, That they shall not interfere with the r,§L’?_f'*¤"*’*‘*°Y °' navigability of the aforesaid rivers. Jem petition by SEC 11. That the owners of several mining claims situated so as to }‘§,‘§}}§,,; ";“cQ;'“m°§‘,, require a common dumping ground or dam or other restraining works ¤1¤¤·r·i¤s anne. ew. for the debris issuing therefrom in one or more sites may file a joint petition setting forth such facts in addition to the requirements of section nine hereof; and where the owner of a hydraulic mine or owners of several such mines have and use common dumping sites for impounding debris or as settling reservoirs, which sites are located below the mine of an applicant not entitled to use same, such fact shall also be stat-ed in said petition. Thereupon the same proceedings shall be had as provided for herein. “§•>;ijgm¤f gqtyggu. Sec. 12. A notice specifying briefly the contents of said petition and " I"' "'fixing a time previous to which all proofs are to be submitted shall be published by said commission in some newspaper or newspapers of general circulation in the communities interested in the matter set forth therein. If published in a daily paper such publication shall continue for at least ten days; if in a weekly paper in at least three issues of the iuF¤#m;;·2g¤ 1>¢¤¤- same. Pending publication thereof said commission, or a committee “ °“‘ thereof, shall examine the mine and premises described in such petition. Asmmes, _ plans, On or before the time so fixed all parties interested, either as petitioners °*" · '“?F "° m"'- or contestants, whether miners or agriculturists, may file affidavits, H“”·"”5*· plans, and maps in support of their respective claims. Further hearings. upon notice to all parties of record, may be granted by the commission when necessary. wlfgroxblg d$cig¤i<>¤¤ Sec. 13. That in case a majority of the members of said commission, "‘Y “’“‘ within thirty days after the time so dxed, concur in a decision in favor of the petitioner or petitioners, the said commission shall thereupon