and storing water for the operation of machinery for the purpose of generating and transmitting electricity for power, light or heat. 11. Cemeteries or public parks. 12. Pipe lines for the purpose of conducting any and all liquids connected with the manufacture of beet sugar. [Approved March 5, 1901, S. L. p. 19.] [For procedure see Sections 3589 to 3608.] LEASE OF STATE MINERAL LANDS Mineral Lands to be Leased SEC. 2370. Any State lands upon which stone, coal, coal oil, gas, or any mineral may be found, whether such land has theretofore been leased for a term of years or not, may be leased for the purpose of obtaining therefrom such stone, coal, coal oil, gas, or any mineral, for such length of time and conditioned upon the payment to the State board of land commissioners of such royalty upon the product, as the State board of land commissioners may determine. [1897, p. 88.] Rules Regarding Leasing SEC. 2371. The State board of land commissioners is hereby authorized to make all necessary rules and regulations to carry the foregoing section into effect. Approved March 3, 1899, Session Laws of 1899, p. 30. WASHINGTON MINING CLAIMS AND RULES OF MINING DISTRICTS SECTION 1. The discoverer of a lode shall within ninety (90) days from the date of discovery record in the office of the auditor of the county in which such lode is found a notice containing the name or names of the locators, the date of the location, the number of feet in length claimed on each side of the discovery, the general course of the lode and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. Location and Marking of Claims SEC. 2. Before filing such notice for record, the discoverer shall locate his claim by first sinking a discovery shaft upon the lode, to the depth of ten (10) feet from the lowest part of the rim of such shaft at the surface, and shall post at the discovery at the time of discovery a notice containing the name of the lode, the name of the locator or locators, and the date of discovery, and shall mark the surface boundaries of the claim by placing substantial posts or stone monuments bearing the name of the lode and date of location; one post or monument must appear at each corner of such claim; such posts or monuments must be not less than three (3) feet high; if posts are used, they shall be not less than four inches in diameter, and shall be set in the ground in a substantial manner. If any such claim be located on ground that is covered wholly or in part with brush or trees, such brush shall be cut and trees be marked or blazed along the lines of such claim to indicate the location of such lines. Discovery SEC. 3. Any open cut or tunnel having a length of ten (10) feet, which shall cut a lode at the depth of ten (10) feet below the surface, shall hold such lode the same as if a discovery shaft were sunk thereon, and shall be equivalent thereto. Definition SEC. 4. The term "lode" as used in this Act shall be construed to mean ledge, vein or deposit. Amendment SEC. 5. If at any time the locator of any quartz or lode mining claim heretofore or hereafter located, or his assigns, shall learn that his original certificate was defective, or that the requirements of the law had not been complied with before filing, or shall be desirous of changing his surface boundaries, or of taking in any additional ground which is subject to location, or in any case the original certificate was made prior to the passage of this law, and he shall be desirous of securing the benefits of this act, such locator or his assigns may file an amended certificate of location, subject to the provisions of this act, regarding the making of new locations. Affidavit of Labor SEC. 6. Within thirty (30) days after the expiration of the period of time fixed for the performance of annual labor, or the making of improvements upon any quartz or lode mining claim or premises, the person in whose behalf such work or improvement was made or some person for him knowing the facts, shall make and record in the office of the county auditor of the county wherein such claims are situate an affidavit or oath of labor performed on such claim. Such affidavit shall state the exact amount and kind of labor, including the number of feet of shaft, tunnel or open cut made on such claim, or any other kind of improvements allowed by law or by rules of mining districts made thereon. Evidence SEC. 7. Such affidavit when so recorded shall be prima facie evidence of the performance of such labor or the making of such improvements, and such original affidavit after it has been recorded, or a certified copy of record of same, shall be received as evidence accordingly by all the courts of this State. Relocation SEC. 8. The relocation of forfeited or abandoned quartz or lode claims shall only be made by sinking a new discovery shaft and fixing new boundaries in the same manner and to the same extent as is required in making a new location, or the relocator may sink the original discovery shaft ten feet deeper than it was at the date of commencement of such relocation, and shall erect new, or make the old monuments the same as originally required; in either case a new location monument shall be erected, and the location certificate shall state if the whole or any part of the new location is located as abandoned property. Cascade Mountains SEC. 9. The provision herein relating to discovery shafts shall not apply to any mining location west of the summit of the Cascade Mountains. Placers SEC. 10. The discoverer of placers or other forms of deposit subject to location and appropriation under mining laws applicable to placers shall locate his claim in the following manner: First. He must immediately post in a conspicuous place at the point of discovery thereon a notice or certificate of location thereof, containing (a) the name of the claim; (b) the name of the locator or locators; (c) the date of the discovery and posting of the notice herein before provided for, which shall be considered as the date of the location; (d) a description of the claim by reference to legal subdivisions of sections, if the location is made in conformity with the public surveys, otherwise a description with reference to some natural object or permanent monument as will identify the claim, and where such claim is located by legal subdivisions of the public surveys, such location shall, notwithstanding that fact, be marked by the locator upon the ground the same as the other locations. Second. Within thirty (30) days from the date of such discovery, he must record such notice or certificate of location in the office of the auditor of the county in which such discovery is made, and so distinctly mark his location on the ground that its boundaries may be readily traced. Third. Within sixty (60) days from the date of the discovery, the discoverer shall perform labor upon such location or claim in developing the same to an amount which shall be equivalent in the aggregate to at least ten (10) dollars' worth of such labor for each twenty acres, or fractional part thereof contained in such location or claim "provided, however, that nothing in this subdivision shall be held to apply to lands located under the laws of the United States as placer claims for the purpose of the development of petroleum and natural gas and other natural oil products." Fourth. Such locator shall, upon the performance of such labor, file with the auditor of the county an affidavit showing such performance, and generally the nature and kind of work so done. Evidence SEC. 11. The affidavit provided for in the last section, and the aforesaid placer notice or certificate of location, when filed for record shall be prima facie evidence of the facts therein recited. A copy of such certificate, notice or affidavit certified by the county auditor shall be admitted in evidence in all actions or proceedings with the same effect as the original, and the provisions of sections six (6) and seven (7) of this act shall apply to placer claims as well as lode claims. Future Locations SEC. 12. All locations of quartz or placer formations or deposits hereafter made shall conform to the requirements of this act in so far as the same are respectively applicable thereto. Mining Districts SEC. 13. Any mining district organized in the State of Washington in accordance with the laws of the United States, shall have power to make rules and regulations for such mining district, providing such rules and regulations do not conflict with the laws of the State of Washington or of the United States. Road Building SEC. 14. Any mining district shall have the power to make road building to mining claims within such district applicable as assessment work, or improvement upon such claims: Provided, That rules pertaining to such road building shall be made only at a public meeting of the miners of such district regularly called by the mining recorder of such district: Provided further, That such meeting shall be attended by at least twelve (12) property holders of such district, and that no such rule can be made without the assent of the majority of the property holders of such district, who are present at such meeting. Such meeting to designate where, when and how such road work shall be done, and shall designate some one of their number who shall superintend such road building or construction, and who shall receipt for such labor to the performer thereof, such receipts to be filed with the county auditor of the county in which such work is performed by the holder or holders of such receipts, and shall be received as prima facie evidence of labor performed as annual assessment work upon such claim or claims, as may be designated by an affidavit or oath of labor as provided for in section six (6) of this act: Provided, That nothing in this act can be construed as being mandatory upon any owner or holder of mining property to perform labor upon any such road. Approved March 8, 1899. Session Laws 1899, p. 69. LOCATION AND POSSESSION OF MINING LODES Governed How [Section numbers are those of Ballinger's Annotated Codes and Statutes of Washington: 1897.] SEC. 3151. All mining claims upon veins or lodes of quartz, or other rock in place, bearing gold, silver, or other valuable mineral deposits heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of such location. 1888. 160, 1; 1 H., 2210. SEC. 3152. A mining claim located upon any vein or lode of quartz or other rock in place, bearing gold, silver, or other valuable mineral deposits after the approval of this act by the Governor, whether located by one or more persons, may equal but shall not exceed fifteen hundred feet in length along the vein or lode; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claims located. No claims shall extend more than three hundred feet on each side of the middle of the vein at the surface, nor shall any claims be limited by any mining regulations to less than fifty feet of surface on each side of the middle of such vein or lode at the surface, excepting where adverse rights, existing at the date of the approval of this act, shall make such limitation necessary. The end lines of each claim shall be parallel to each other. 1888, 160, 2; 1 H., 2211. Exclusive Right to What SEC. 3153. The locators of all mining locations heretofore made, or hereafter made under the provisions of this article, on any mineral vein, lode or ledge on the public domain, and their heirs and assigns, so long as they comply with the laws of the United States, and the territorial and local laws relating thereto, shall have the exclusive right to the possession and enjoyment of all surface included within the lines of their location, and of all veins, lodes, and ledges throughout their entire depth, and the top or apex of which lies within the surface lines of such location, extending downward vertically, although such veins, lodes, or ledges may so far depart from the perpendicular in their course downward as to extend outside of the vertical side line of said surface location. 1888, 160, 3; 1 H., 2212. Conditions for Holding SEC. 3154. In order to hold the possessory right to a location of a mine not less than one hundred dollars' worth of work must be performed or improvements made thereon annually: Provided, That the period within which the work required to be done annually on all unpatented claims so located shall commence on the first day of January succeeding the date of location of such claim. 1893, 75, 1. Recorder SEC. 3155. The miners of each mining district may elect a recorder of the said district. When so elected, such recorder shall provide books of records in which it shall be his duty to record all notices of locations or transfers, bonds, conveyances or assignments of mining claims within his district when the same shall be presented to him for record. Such records are hereby declared to be public records open to inspection, and shall have the same force and effect, so far as notice is concerned, as the records of deeds and mortgages in this State. 1888, 161, 5: 1 H., 2214. Election. Powers and Duty of Recorders SEC. 3156. When a recorder shall be elected, as provided in the last preceding section of this article, he shall hold his office for a term of one year from the date of his election, and until his successor is elected and qualified. He shall, immediately after his election, file with the county auditor of the county within which his district is situated, an oath to the effect that he will faithfully discharge the duties of his office. He shall be a certifying officer, and certified copies of his records shall have the same force and effect as similar papers certified by other officers of this State. His fees shall be the same as those of the county auditor for similar work, and should the office of recorder in any mining district at any time become vacant, it shall be the duty of the person last holding said office, and of any person into whose possession the same may come, to forthwith transmit all the records, papers and files of the said office to the auditor of the county in which such district is located, and such auditor shall thereafter keep the same as part of the records and files of his office. 1888, 161, 6; 1 H., 2215. |