Bights to water, which is so essential in min ing operations, vary in different jurisdictions: but in general the one who first appropriates the waters of a stream for his use in mining is eon eeded the right to use all that is reasonably 5:11y in his operations. However. when some one else locates on the same stream the first person can only continue to take the amount he was using when the seemid person loeated his claim. The of a mine must properly support the earth surrounding his tunnels. and is liable for any damage caused to the lands of others by of the earth if he is negligent in this particular. The rules and customs of the miner. which Were given the etfeet of lass. by the statute of 1573. and those which have since conic into ex istence, are IOC) numerous and complieated to be set forth in the scope of this article. I however, it nay be said that in the present state of the law the courts. in deciding a case involving min ing law, take into consideration, in the order men tioned. the statutes of the United States, the lams of the State in which the property in ques tion is situated, and the rules and customs above referred to.
Any citizen of the 'United States, or a person who has declared his intention to become such, may locate and obtain a patent for a mining claim on public lands. Before a person can ac quire any rights he must have actually discov ered the presence of minerals, as it is then cer tain he collies within the law as to mineral lands. The first step thereafter is to make a 'location' on it ; that is, to perform certain acts which are deemed to constitute sufficient evidence of an in tention to claim the benefits of the discovery. The United States statutes provide that a claim must be "distinctly marked on the ground so that its boundaries can be readily traced." This is usually done by setting up boundary monu ments, such as posts or stones at the four cor ners of the claim. In most States the locator, as the prospector is called, is required to post a written notice of his claim on some object on the land. This notice consists of a description of the land thus appropriated and a declaration of his intention to occupy it for milling purposes. Such notice of claim must also be filed with a recording officer, usually the register of deeds of the county. After a miner has located his claim
in the above manner lie must continue his mining operations or he will be deemed to have forfeited it. The labor may consist in actual mining, or in improvements in the mine for preservation or increased convenience in working it. When a claim is forfeited by a failure to perform labor of the required value it is open to relocation by any one. However, under this statute the claim is not forfeited until the expiration of a year from the time operations ceased. A claim may also be lost by abandonment, which consists in leaving a claim with an intention not to return and work it again.
Where a mining prospector complies with all the formalities to obtain a location lie has a good title against every one except the United States. In order to complete his title and make it a mat ter of record, the locator may obtain a patent, that is a grant, of the claim from the Federal Government, by having a survey and an abstract of his possessory title made and filing them in the United States Land Office, together with a formal application for a patent, and a certificate to the effect. that he has expended at least $500 on the claim, either in improving or working it. The application consists of an affidavit to the ef fect that he has complied with all local mining customs and regulations as well as the statutory requirements to obtain a good possessory title. One copy of this application must be posted on the claim and a notice thereof must be published in the nearest newspaper.
The rules of law in regard to the ownership, conveyance, and descent of real property are, in general, applicable to mining property. lessee or owner of a life estate in lands is entitled to work open mines thereon, but cannot open new mines unless this right is expressly given. See LAND; REAL l'uoemrry; WATER RIGUTS.
BIBLIOGRAPHY. Barringer and Adams, MinesBibliography. Barringer and Adams, Mines and Alining ); 1. lark, lleltman, and Consaul, Mineral Lund Lair Digest (1897) ; Copp, _1 incrican .11 in ing Code (Gth ed., Washing ton, 1891) ; Copp, Init. d States .11ineral Lands (2d ed., Washington, 1891) ; Lindley. American Lair of .11ining (1897); _Morrison. Mining Rights (10th ed., Denver, 1900) ; Wyman, Public Land and Mining Lairs (1898) ; Clark, .1/iners' Manual (1898).