and

lode,

feet wide, for discovering and working veins, lodes and mineral deposits on the line thereof (or cutting and working the now claimed and held by us).

Said tunnel claim is situated in the

County of

State of

Mining District,

and the location and boundaries thereof are distinctly staked and marked upon the surface at the place of commencement, terminus and along the lines thereof. Said claim is (3000) feet long, and (7501) feet wide on each side of the center line of said proposed tunnel, and extends in a direction from the face or point of

commencement of said tunnel, where this notice is posted.

From this point (give courses and distances to some natural object or permanent monuments, as in the case of lode location).

State of County of

SS

Locators.

and

being first duly sworn,

on oath, each for himself doth severally declare and say: that he is one of the locators named in and who executed the foregoing notice of tunnel location. That it is the bona fide intention of said locators to diligently prosecute the work on said tunnel for the discovery of mines and development of the same. That they have commenced such tunnel at the point described in the foregoing notice and driven the same to the point where said tunnel enters cover, and have duly posted a notice at that point of which the foregoing is a true and correct copy; that they have plainly marked the proposed line of said tunnel by placing suitable stakes along said line

from the point of commencement to the terminus at intervals of 200 feet, and by placing like stakes at like intervals along the sides of said claim, 750 feet distant from and parallel with the center line of said proposed tunnel, and also across the ends of said claim, all such stakes being properly marked with the name of said tunnel and the date of the location thereof. That the said locators have heretofore expended in prosecuting work on said tunnel the sum of $ and have driven said tunnel from the point of commencement, a distance of feet (describe all other work and improvements). That there were no known ledges, lodes, or veins

1 The question as to the width of the tunnel claim on each side of the center line thereof is much in doubt, from the conflicting decisions, and it is deemed safest to establish the lines of the claim 750 feet distant from the center line, on either side thereof, and to make the notice accordingly. It has, however, been held that the claim may be 1500 feet in width on either side of the center line — thus practically making the entire claim 3000 feet square- and from this it would follow that upon discovery of a lode within the tunnel, the location thereof might be made in such a way as to give 1500 feet from the point of discovery in either direction (though not in both directions).

The writer doubts the correctness of this position, hence the form gives 750 feet as the correct width on each side the center of the tunnel claim thus making it 1500 by 3000 feet in size. This

form may be varied as desired, in this particular. G. D. E.

See Ellet vs. Campbell, 33 Pac., 521: Enterprise Co. vs. Rico-Aspen Co., 66 Fed., 200.

existing or outcropping along the course of said tunnel location nor crossing the same in their trend or course, at the time of making said location.

If any veins or lodes are cut by the tunnel, the locators have the right to one claim on each such vein or lode. The total length must not exceed 1500 ft. and the point of discovery must be within the tunnel.

No location of such lodes or veins need be made upon the surface; but a proper location notice containing the other essentials should be posted at the mouth of the tunnel and duly recorded.

While there is no provision for patenting a tunnel claim, yet any vein or lode location, discovered and made by means of such tunnel, may be patented in like manner as other lode claims.

Failure to do work on the tunnel so located for a period of six months will be deemed an abandonment of all rights to the location.

WATER RIGHTS

The several States have enacted statutes covering the acquirement of rights to water flowing in streams within such States; and the statutes of the particular State must, in each case, be consulted and followed. In general, however, the provisions are similar in character and requirements, and are all based upon actual appropriation and use of the water claimed.

The vital element of appropriation is actual diversion of the water from the bed or stream by means of some ditch, flume, pipe, reservoir, or other structure. Mere claim or notice is insufficient unless followed promptly by actual steps to accomplish the diversion.

Such rights may be conveyed by deed in the usual form. Like property in mining claims, they may be lost by abandonment.

If the conveyance of the water is to be across the land of others, the right to use such land must be also acquired by the methods pointed out in the statutes of the particular State relating to eminent domain.

The following forms are sanctioned by general usage:

NOTICE OF RIGHT TO WATER

The undersigned hereby claims the water here flowing (or being) in the river (or lake) to the extent of cubic feet per

second, for mining purposes, said water to be diverted at (describe particularly the point of diversion by reference to some natural object or permanent monument, as in case of lode claims), the point where this notice is posted, by means of a dam, ditch, flume, tunnel or pipe, and by some or all such means conveyed and conducted to and upon the Mining Claim, situ

ated in the

of

the

page

notice of the location of which is recorded in the office of of said County in Book

of

on

I also claim the right of way for said ditch, flume, pipe or other means of conveyance, feet wide, from the said point of diversion (describe the right of way by distance, general direction, size and other particulars) to and upon said Mining Claim.

Dated the

day of

Witnesses.

A.D.

Claimant.

A true copy of such notice should be, within 10 days, filed for record in the office where deeds are recorded, and attached thereto and recorded therewith should be an affidavit, substantially as follows:

being first duly sworn, on oath, says: that on the he posted the original notice,

A.D.

day of of which the foregoing is a true copy, in a conspicuous place at the point of intended diversion therein described, by posting the same conspicuously upon a stake, four feet long and four inches square, set firmly in the ground at said point, to wit: (describe the point of diversion as in the notice).

Subscribed and Sworn to, etc.

Within the required time thereafter (usually 60 days) he should commence the work of diversion, which must be thereafter continued in good faith, with reasonable diligence, until completed and the water delivered at the place of its intended use.

Such rights, when secured, are protected by the provisions of secs. 2339-40, Revised Statutes of the United States.

XXII

Procedure for obtaining patent; forms of application; adverse claims; forms for adverse contests; coal lands.

PATENTS ON MINERAL LAND

FTER work and improvements to the amount of $500 for

assigns may secure the full title to the land and the patent therefor, pursuant to the provisions of section 2325 of the Revised Statutes. The proceedings are the same whether for a lode or a placer patent. Several distinct lodes or placers, or both, including mill-sites appurtenant to such lodes, may be included in one application and patent, if not too widely separated, if owned by the same applicant or association.

The application may be made by an agent, duly authorized in writing. If there are joint owners they must join in the application in person or by their duly authorized agent. The following is the procedure that must be followed carefully, step by step, to secure a patent for such claims; the forms here given have been sanctioned by practical use and may be varied to fit the facts in the particular case.

(a) The Mineral Survey must be procured to be made under the direction of the United States surveyor-general for the State or district in which the claims are situated. For this purpose the applicant must procure, from the proper recorder's office, certified copies of all the original and all amended notices of location of each claim embraced in the application.

He should then make suitable arrangements with some competent deputy United States mineral surveyor for doing the work, and agree with him upon the compensation to be paid therefor by the applicant.

A letter should then be addressed to the United States surveyor-general of the proper State or district, as follows:

TO THE U. S. SURVEYOR GENERAL,

DEAR SIR:

District of

The undersigned desires to have a mineral survey made of the (Lode or Placer) Mining Claims (or Mill-site), described in the certified copies of notices of location herewith enclosed, to wit: (name and describe the claims) all being contiguous (or near) to each other and situated in the

Mining District, County of

State of

To that end you are requested to specify the amount to be deposited to the credit of the United States for work to be done in your office, and upon payment of the same to appoint Mr. of

a Deputy U. S. Mineral Surveyor, to make and report such survey, at the cost of the undersigned.

Dated

Respectfully,

Claimant.

P. O. Address

Thereupon the surveyor-general will specify the amount to be deposited by the applicant to cover the cost of the work in his office. This is usually $30 for the first and $25 for each additional claim or mill-site embraced in the application.

The applicant will then pay the required amount to some bank which has been designated as a National depositary, taking triplicate receipts therefor. The letter of the surveyor-general should be presented to the bank with the deposit for its information in preparing these receipts.

Two of these receipts should then be forwarded to the surveyor-general, and the order for survey will then be issued and sent to the applicant by mail. This, with the instructions and papers accompanying it, will be handed to the deputy mineral surveyor, who will make the survey and file his report with plat and field notes with the surveyor-general.

Where the location is of placer ground taken by legal subdivisions, upon land already surveyed, the application should so specify, the particular description being carefully given, and the survey will then be confined to a descriptive report and plat of the claim and the work and improvements done thereon.

Upon receipt of the deputy's report the surveyor-general will prepare and furnish to the applicant without charge one copy of the field notes and two copies of the plat; copies of location notices will accompany the field notes.