However, this contradicts the fact that mining claimants are considered landowners with exclusive rights to possess and use that claim, and miners have “riparian rights” on mining claims that do not require permitting. The fee for filing a Statement of Diversion and Use is $50.00.” “If you are diverting water from a riparian parcel for use on that parcel, you must have a riparian water right or be legally entitled to use riparian water rights for the parcel and you must file a Statement of Water Diversion and Use (Statement) with the State Water Resources Control Board’s (State Water Board) Division of Water Rights for each point of diversion. The agency also states that a “Statement of Diversion and Use” is now necessary even if you have a “riparian water right.” The minimum fee for the permit is $1,120.00 but may be higher depending on the threat the discharge poses to water quality and the complexity of the discharge as determined by the Regional Water Board.” (See The Water Board threatens fines of $10,000 per day for violations! You cannot begin mining until the Regional Water Board approves your Report of Waste Discharge and notifies you that either your permit has been issued or that a permit is not required because the discharge will not create or threaten to create a condition of pollution or nuisance. To apply for a permit, you must file a Report of Waste Discharge with the Regional Water Board. “You can discharge water and waste sediment from your highbanker or power sluice to land but you must first apply for a permit from the Regional Water Board responsible for the area where you’ll be mining. The Water Board recently posted permitting information on their website that states: Water is pumped a short distance from a waterway, with the water being allowed to seep into the ground or evaporate so it doesn’t return to the stream, creek or river. It involves the processing of gold-bearing material in a highbanker or power sluice. This activity has been allowed for decades.
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