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it is intended to divert the water, may be changed by the
person posting said notice or his assigns, if others are not
injured by such change. This provision applies to notices
already filed as well as to notices hereafter filed.

History: Enacted March 21, 1872; amended March 21, 1903,
Stats, and Amdts. 1903, p. 361. In effect March 21, 1903.

See Kerr's Cyc. C. C. for 10 pars, annotation.

69 C. 255, 369, 10 P. 674, 740 (cited with other sections); SO C.
397. 398, 400, 401, 407, 20 P. 563, 565, 22 P. 198, 199 (applied);
82 C. 564, 566, 567, 568, 569, 23 P. 146, 147 (applied with other
sections); 86 C. 1, 11, 26 P. 523 (applied); 29 P. 780, 782 (what
is proper rule of measurement — square inches, not cubic inches);
99 C. 583, 584, 586, 587, 34 P. 324 (construed and applied with
other sections); 103 C. 421, 423, 37 P. 408 (construed and
applied); 149 C. 496, 499, 86 P. 1081, 1082 (what is not necessary
to valid appropriation); 5 C. A. 175, 183, 184, 89 P. 1001 (copy of
notice, not notice itself, to be recorded); 115 F. 543, 547 (applied
— validity of appropriation depends upon requisite steps bavins
been taken).

As to change of place of diversion, see ante § 1412.

As to extent of use, see ante § 1414 and note.

As to many miscellaneous matters as to irrigation and water-
rights, see note § 1410, ante.

As to necessity of compliance with code, see post §1419 and
note.

As to what constitutes an appropriation of water, see 60
A. S. 799.

§1416. DILIGENCE IN APPROPRIATION OF WATER.

Within sixty days after the notice is posted, the claimant

773



§ 1416 CIVIL CODE. • [Div.II.Pt.IV.

must commence the excavation or construction of the works
in which he intends to divert the water, or the survey, road
or trail building, necessarily incident thereto, and must prose-
cute the work diligently aud uninterruptedly to completion,
unless temporarily interrupted by snows or rain; provided,
that if the erection of a dam has been recommended by the
California debris commission at or near the place where it
is intended to divert the water, the claimant shall have sixty
days after the completion of such dam in which to commence
the excavation or construction of the works in which he
intends to divert the water; ^

[When legal proceedings delay work, time extended for
diversion.] And provided further, that if it shall be neces-
sary, by proceedings in eminent domain, to acquire water-
rights held by adverse riparian owners or to acquire sites
for dams or power plants at the point of intended diversion
or the point of intended use, as described in the notice of
appropriation of said water, or if there shall be conflicting
claims to the waters so appropriated, then the party so
appropriating, or his assigns, shall have sixty days after the
determination of legal proceedings by final judgment in which
to commence to excavate or construct the works in which he
intends to divert the water as provided in this section:

[When suits must be commenced.] And provided further,
that if suits for such purpose are not already pending at the
date of the passage of this act, they shall be commenced
within sixty days after this act takes effect, and as to future
appropriations of water, within sixty days after notice of
such appropriation is posted as required by law, and such
proceedings shall be prosecuted diligently to final judgment;
but nothing in this act shall be construed to revive or renew
appropriations of water heretofore made which have been
abandoned and lost, as against subsequent claimants who
have complied with this act.

History: Enacted March 21, 1872; amended March 23, 1895,
Stats, and Amdts. 1895, p. 70; March 24, 1903, Stats, and Amdts.
1903, p. 396; amended March 21, 1907, Stats, and Amdts. 1907,
p. 780, Kerr's Stats, and Amdts. 1906-7, p. 425.

774



Tit. VIII.] COMPLETION— RELATION. §§ 1417, 1418

See Kerr's Cyc. C. C. for 10 pars, annotation.

69 C. 255, 369, 10 P. 674, 740 (cited with otlier sections); 75
C 464 486, 17 P. 246, 253 (cited with other sections); 80 C. 397,
400 4()1 4()3. 20 P. 563, 22 P. 198, 199 (cited with other sections);
82 C. 564, 566, 568, 569, 23 P. 146, 147 (cited with other sections);
99 C. 583, 587, 34 P. 324 (cited with other sections); 149 C. 496,
499 86 P.' 1081, 1082 (what is not necessary to valid appropria-
tioA)- 5 C. A. 175, 181, 184, 89 P. 1001 (mere posting of notice
is not appropriation, but that followed by construction of
means of diversion is— recording of copy of notice); 115 F. 543,
547 (applied— validity of appropriation depends upon requisite
steps having been taken).

As to many miscellaneous matters as to irrigation and water-
rights, see note § 1410, ante.

As to time from which right of appropriation becomes vested,
see Kerr's Cyc. C. C. § 1418 and note.

§ 1417. COMPLETION DEFINED. By "completion ' is
meant conducting the waters to the place of intended use.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

69 C. 255, 369, 10 P. 674, 740 (cited with other sections); 75
C. 464,' 487,' 17 P. 246, 253 (cited with other sections); 149 C.
496 499 86* P. 1081, 1082 (what is not necessary to valid appro-
priation); 115 F. 543, 547 (applied— validity of appropriation
depends upon requisite steps having been taken).

As to many miscellaneous matters as to irrigation and water-
rights, see note §1410, ante.

§ 1418. DOCTRINE OF RELATION APPLIED. By a com-
pliance with the above rules the claimant's right to the use
of the water relates back to the time the notice was posted.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

69 C 255 370 10 P. 674, 740 (cited with other sections); 80 C.
397 401 4()7 408, 20 P. 563, 565, 22 P. 198, 199 (construed and
applied 'with' other sections); 82 C. 564, 569, 23 P. 146, 147 (con-
strued and applied with other sections); 99 C. 583. 586. 58 r. 34
P. 324 (construed and applied with other sections); 149 C.
496 499 86 P. 1081, 1082 (what is not necessary to valid appro-
priation); 5 C. A. 175, 182. 89 P. 1001 (applied); 115 F. 543, 547
(applied— validity of appropriation depends upon requisite steps
having been taken).

As to many miscellaneous matters as to irrigation and water-
rights, see note § 1410, ante.

775



§§ 1419-1421 CIVIL CODE. [Div.II,Pt.IV.

§ 1419. rOFEITURE. A failure to comply with such rules
deprives the claimants of the right to the use of the water
as against a subsequent claimant who complies therewith.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 26 pars, annotation.

69 C. 255, 370, 10 P. 674, 740 (cited with other sections); 80 C.
397, 401, 403, 407, 408, 20 P. 563, 565, 22 P. 198, 199 (construed
and applied with other sections); 82 C. 564, 569, 23 P. 146, 147
(construed and applied); 99 C. 583, 586, 587, 34 P. 324 (construed
With other sections); 149 C. 496, 499, 86 P. 1081, 1082 (what is
not necessary to valid appropriation).

As to abandonment, see Kerr's Cyc. C. C. § 1411 and note.

As to many miscellaneous matters as to irrigation and water-
rights, see note § 1410, ante.

§ 1420. RIGHTS OF PBESEXT CLAIMANT. Persons who
have heretofore claimed the right to water, and who have
not constructed works in which to divert it, and who have
not diverted nor applied it to some useful purpose, must,
after this title takes effect, and within twenty days there-
after, proceed as in this title provided, or their right ceases.

History: Enacted March 21, 1872.

4 P. 919, 924 (applied with other sections), 936 (cited in dis.
op.); 69 C. 255, 370, 453, 10 P. 674, 740 (dis. op., cited with
other sections); 75 C. 464, 487, 17 P. 246, 253 (cited with other
sections); 149 C. 496, 499, 86 P. 1081, 1082 (what is not necessary
to valid appropriation).

As to many miscellaneous matters as to irrigation and water-
rights, see note § 1410, ante.

§1421. RECORDER TO KEEP BOOK O WHICH TO
RECORD NOTICES. The recorder of each county must keep
a book, in which he must record the notices provided for
in this title.

HLstory: Enacted March 21, 1872.

69 C. 255, 370, 10 P. 674, 740 (cited with other sections); 149 C.
496, 499 (what is not necessary to valid appropriation — erro-
neously cited as § 1721), 86 P. 1081, 1082 (correct citation).

As to many miscellaneous matters as to irrigation and water-
rights, see note § 1410, ante.

776



Tit. VIII.] COMMENCING WORK. § 1422

§ 1422. TIME WITHIN WHICH TO COMMENCE EXCAVA-
TION ON PUBLIC RESERVATIONS. If the place of intended
diversion or any part of the route of intended conveyance
of water so claimed, be within, and a part of, any national
park, forest reservation, or other public reservation, and be
so shown in the notice of appropriation of said water, then
the claimant shall have sixty days, after the grant of author-
ity to occupy and use such park or reservation for such in-
tended purpose, within which to commence the excavation
or construction of said works; provided, that within sixty
days after the posting of said notice of appropriation, as
provided in section fourteen hundred and fifteen of the Civil
Code, the claimant shall in good faith commence (and there-
after diligently and continuously, except when temporarily
interrupted by snow or rain, prosecute to completion) such
surveys and other work as under the regulations govern-
ing such park or reservation, may be required as prelimi-
nary to, or for use with, an application for such authority;
and provided also that the claimant shall in good faith on
completion of said survey and preliminary work, apply to
the officer, board, or body, having charge of such park or
reservation, for such authority, and shall thereafter, prose-
cute said application with reasonable diligence.

History: Enacted March 21, 1872; repealed March 15, 1SS7.
Stats, and Amdts. 1887, p. 114; present act, which is entirely
new, passed March 24, 1903, Stats, and Amdts. 1903, p. 397. For
statutes on subject of irrigation, see Hen. G. L. tit. Irrigation.

See Kerr's Cyc. C. C. for 20 pars, annotation.

4 P. 919, 924, 925, 935 (dis. op.), 936 (dis. op.) (construed and
applied with other sections); 69 C. 255, 300. 368, 370-376, 378.
379, 426-428, 439, 451 (dis. op.), 453 (dis. op.), 10 P. 674, 697.
740, 774, 775, 783 (construed and applied with other sections):
108 C. 72, 78, 41 P. 18, 30 L. 390 (applied).

As to acts relating to irrigation, see Hen. G. I^. tit. "Irriga-
tion."

As to many miscellaneous matters as to irrigation and water-
rights, see note § 1410, ante.

As to respective rights of appropriators and riparian owners,
see 43 A. D. 269.

The annotations to tliis section are to the section as it
orginally stood before its repeal, and not to the present section.

777



§§ 1424, 1425 CIVIL CODE. [Div.II.Pt.IV.

TITLE IX.

HYDRAULIC MINING.

§ 1424. Where hydraulic mining- can be carried on.
§ 1425. Meaning of hydraulic mining.

§ 1424. WHERE HYDRAULIC MINING CAN BE CARRIED

ON. The business of hydraulic mining may be carried on
within the state of California wherever an(i whenever the
same can be carried on without material injury to the navi-
gable streams, or the lands adjacent thereto.

History: Enacted March 24, 1893, Stats, and Amdts. 1893, p.
337.

See Kerr's Cyc. C. C. for 7 pars, annotation.
HYDRAULIC MINING.

Authority to commence, revocation, etc. by debris commission.
— See Martin's Mines and Mining- Law § 523; 5 F. S. A. 65.

California debris commission and regulation of — As to
generally, see 5 F. S. A. 61-68.

Same — Commissioner's act under direction of secretary of war.
— See 5 F. S. A. 61 note.

Same — ^Constitutionality of statute. — See 5 F. S. A. 61 note.

Same — Injunction — By Federal court. — See 5 F. S. A. 61 note.

Same — Same — ^By state court. — See 5 F. S. A. 61 note.

Same — Injury to navigable stream. — See 5 F. S. A. 65 note.

Definition of.— See Martin's Mines and Mining Law §513; 5
F. S. A. 63; 4 W. & P. 3376.

Wilful injury to works, penalty. — See Martin's Mines and
Mining- Law § 527.

Without impounding- works. — See Martin's Mines and Min-
ing Law § 518; F. S. A. Supp. 1907, p. 379.

§1425. MEANING OE HYDRAULIC MINING. Hydraulic
mining, within the meaning of this title, is mining by means
of the application of water, under pressure, through a nozzle,
against a natural bank.

History: Enacted March 24, 1893, Stats, and Amdts. 1893, p.
337.

See Kerr's Cyc. C. for 16 pars, annotation.
Ill C. 571, 576, 44 P. 243 (applied).

778



,j,j^ X.] LOCATING MINING CLAIM. § 1426



TITLE X.

LOCATING MINING CLAIMS. TUNNEL RIGHTS. MILL
SITES, ETC.

[A new title added by Act of legislature March 13, 1909. to
take effect and be in force on and after July 1, 1909.]

§ 1426. Who may locate mining claim, etc. Manner of loca-
tion.

§ 1426a. Locator must define boundaries, how.

§ 1426b. Recording copy of notice. Fee of recorder.

§ 1426c. Location of placer claim. How made.

§ 1426d. Same. Recording copy of notice. Fee of recorder.

§ 1426e. Locator of tunnel right. Posting notice. Contents of
notice.

§ 1426f. Boundary lines of tunnel. How established.

§ 1426g. Recording notice of tunnel location. Recorder's fee.

§ 1426h. Amended notice of location. Not to interfere with
existing rights of others.

§ 1426i. Boundaries established by mineral surveyor.

§ 1426J. Mill site location. By proprietor of vein, etc. Amount
of land and manner of making.

§ 1426k. Same. Recording copy of location notice. Fee of
recorder.

§ 14261. Annual work or improvements. Amount required.

§ 1426m. Same. Affidavit, contents of. Certified copy of evi-
dence of performance.

§ 1426n. Same. Recording affidavit. Fee for.

§ 14260. Co-owner. Notice to delinquent co-owner. Proof ot

service
§ 1426p. Record of location. Evidence of same force as orig-

§ 1426q. Record of instruments. Certified copies admissible as

evidence.
|1426r. Mining district rules and regulations. Not affected

by act.
§ 1426s. Development work. Failure or neglect to perform in

manner and time required. Effect of.
Sec. 2. Repealing clause.

§U2(J. WHO MAY LOCATE MIMMJ CLAIM, KT(. MAN-
NEK OF LOCATION. Any person, a citizen of the United
States, or wlio has declared his intention to become such, who
discovers a vein or lode of quartz, or other rock in place,

779



§§ 1426a, 1426b CIVIL CODE. [Div.II.Pt.IV.

bearing gold, silver, cinnabar, lead, tin, copper, or other valu-
able deposit, may locate a claim upon such vein or lode, by
defining the boundaries of the claim, in the manner herein-
after described, and by posting a notice of such location, at
the point of discovery, which notice must contain: First —
The name of the lode or claim. Second — The name of the
locator or locators. Third — The number of linear feet claimed
in length along the course of the vein, each way from the
point of discovery, with the width on each side of the center
of the claim, and the general course of the vein or lode, as
near as may be. Fourth — The date of location. Fifth — Such
a description of the claim by reference to some natural object,
or permanent monument, as will identify the claim located.

History: Enacted March 13, 1909, Stats, and Amdts. 1909, p.
313.

As to who may locate mining claims, etc., see Martin's Mining
Law and Land Offlce Procedure, pp. 66-71.

§ 1426a. LOCATOR MUST DEFINE BOUNDARIES, HOW.

The locator must define the boundaries of his claim so that
they may be readily traced, and in no case shall the claim
extend more than fifteen hundred feet along the course of the
vein or lode, nor more than three hundred feet on either
side thereof, measured from the center line of the vein at the
surface.

HLstory: Enacted March 13, 1909, Stats, and Amdts. 1909, p.
314.

As to marking boundaries, see Martin's Mining Law and Land
Offlce Procedure, pp. 98-110.

As to tunnel-sites, see Martin's Mining Law and Land Office
Procedure, pp. 56-60.

As to mill-sites, see Martin's Mining Law and Land Office
Procedure, pp. 61-65.

§14261). RECORDING COPY OF NOTICE. FEE OF
RECORDER. Within thirty days after the posting of his
notice of location upon a lode mining claim, the locator shall
record a true copy thereof in the office of the county recorder

780



Tit. X.] PLACER CLAIM. §§ 1426c-1426e

of the couiitj^ in which such claim is situated, for which
service the county recorder shall receive a fee of one dollar.

History: Enacted March 13, 1909, Stats, and Amdts. 1909, p.
314.

As to notices of location, recording, etc., see Martin's Mining-
Law and Land Office Procedure, pp. 111-119, 682, 689, 694.

§ 1426c. LOCATION OF PLACER CLAIM. HOW UADE.

The location of a placer claim shall be made in the following
manner: By posting thereon, upon a tree, rock in place,
stone, post or monument, a notice of location, containing the
name of the claim, name of locator or locators, date of loca-
tion, number of feet or acreage claimed, such a description of
the claim by reference to some natural object or jiermanent
monument as will identify the claim located, and by marking
the boundaries so that they may be readily traced; provided,
that where the United States survey has been extended over
the land embraced in the location, the claim may be taken by
legal subdivisions and no other reference than those of said
survey shall be required and the boundaries of the claim so
located and described need not be staked or monumented.
The description by legal subdivisions shall be deemed the
equivalent of marking.

History: Enacted Marcli 13, 1909, Stats, and Amdts. 1909. p.
314.

As to location of placer claim, see Martin's Mining Law and
Land Office Procedure, pp. 44-55.

§1426d. SAME. RE{(M{I)I>G COPY OF NOTICE. FEE
OF RECOKDEK. Within thirty days after the posting of the
notice of location of a placer claim, the locator shall record a
true copy thereof in the office of the county recorder of the
county in which sucli claim is situated, for which service the
recorder shall receive a fee of one dollar.

History: Enacted March 13, 1909, Stats, and Amdts. 1909. p.
314.

§1426e. LOCATOR OF TUNNEL RIGHT. POSTING
NOTICE. CONTENTS OF NOTICE. The locator of a tunnel
right or location, shall locate his tunnel right or location by

781



§§ 1426f-1426h CIVIL CODE. [Div.II.,Pt.IV.

posting a notice of location at the face or point of commence-
ment of the tunnel, which must contain: First — The name of
the locator or locators. Second — The date of the location.
Third — The proposed course or direction of the tunnel.
Fourth — A description of the tunnel, with reference to some
natural object or permanent monument as shall identify the
claim or tunnel right.

History: Enacted March 13, 1909, Stats, and Amdts. *1909, p.
314.

As to tunnel rights, location, etc., see Martin's Mining Law
and Land Office Procedure, pp. 56-60.

§ 1426f. BOUNDARY LINES OF TUNNEL. HOW ESTAB-
LISHED. The boundary lines of the tunnel shall be estab-
lished by stakes or monuments placed along the lines at an
interval of not more than six hundred feet from the face or
point of- commencement of the tunnel to the terminus of three
thousand feet therefrom.

HLstory: Enacted March 13, 1909, Stats, and Amdts. 1909, p.
314.

As to marking boundaries of tunnel, see Martin's Mining Law
and Land Office Procedure, § 86.

§1426g. RECORDING} NOTICE OF TUNNEL LOCATION.
RECORDER'S FEE. Within thirty days after the posting the
notice of location of the tunnel right or location, the locator
shall record a true copy thereof, in the office of the county
recorder of the county in which such claim is situated, for
which service the recorder shall receive a fee of one dollar.

History: Enacted March 13, 1909, Stats, and Amdts. 1909, p.
314.

As to recording notice of location, see ante § 1426b, note.

§142611. AMENDED NOTICE OF LOCATION. NOT TO
INTERFERE WITH EXISTING RIGHTS OF OTHERS. If at

any time the locator of any mining claim heretofore or here-
after located, or his assigns, shall apprehend that his original
location notice was defective, erroneous, or that the require-
ments of the law had not been complied with before filing;
or in case the original notice was made prior to the pas-

782



Tit. X.] BOUNDARIES— MILL-SITE. §§ 14261, 1426J

sage of this act, and he shall be desirous of securing the
benefit of this act, such locator, or his assigns, may file an
additional otice, subject to the provisions of this act; pro-
vided, that such amended location notice does not interfere
with the existing rights of others at the time of posting and
filing such amended location notice, and no such amended
location notice or the record thereof, shall preclude the
claimant, or claimants from proving any such title as he or
they may have held under previous locations.

HiMtory: Enacted Marcli 13, 1909, Stats, and Amdts. 1909, p.
315.

As to amended notice of location, see Martin's Mining Law
and Land Office Procedure, pp. 118, 414, 533, 761.

§1426i. BOUNDARIES ESTABLISHED BY MINERAL
SURVEYOR. Where a locator, or his assigns, has the bound-
aries and corners of his claim established by a United States
deputy mineral survey, or a licensed surveyor of this state,
and his claim connected with the corner of the public or
minor surveys of an established initial point, and in cor-
porates into the record of the claim, the field notes of such
survey, and attaches to and files with such location notice,
a certificate of the surveyor, setting forth: First, that said
survey was actually made by him, giving the date thereof;
Second, the name of the claim surveyed and the location
thereof; Third, that the description incorporated in the
declaratory statement is sufficient to identify; such survey
and certificate becomes a part of the record, and such record
is prima facie evidence of the facts therein contained.

History: Enacted Marcli 13, 1909, Stats, and Amdts. 19o9. i).
315.

§1426j. MILL-SITE LOCATION. BY PROPRIETOR OF
VEIN, ETC. A.MOUNT OF LAND AND MANNER OF 3IAK.
ING. The proprietor of a vein or lode claim or mine, or the
owner of a quartz mill or reduction works, or any person
qualified by the laws of the United States, may locate not
more than five acres of non-mineral land as a mill-site. Such

783



§§ 1426k, 1426m CIVIL CODE. [Div.II.Pt.IV.

location shall be made in the same manner as hereinbefore
required for locating placer claims.

History: Enacted March 13, 1909, Stats, and Amdts. 1909, p.
315.

As to mill-site location, see Martin's Mining- Law and Land
Office Procedure, pp. 61-65.

§ 1426k. SAarE. EECORDIXG COPY OF LOCATION
NOTICE. FEE OF RECORDER. The locator of a mill site
claim or location shall, within thirty days from the date of
his location, record a true copy of his location notice with
the county recorder of the county in which such location is
situated, for which service the recorder shall receive a fee of
one dollar.

HLstory: Enacted March 13, 1909, Stats, and Amdts. 1909, p.
315.

§ 14261. ANNUAL WORK OR I^IPROVEMENTS. AMOUNT
REQUIRED. The amount of work done or improvements
made during each year to hold possession of a mining claim
shall be that prescribed by the laws of the United States,
to-wit: One hundred dollars annually.

History: Enacted March 13, 1909, Stats, and Amdts. 1909, p.
315.

As to annual work or improvement, see Martin's Mining- Law
and Land Office Procedure, pp. 132-143.

§1426ni. SAME. AFFIDAVIT, CONTENTS OF. CER-
TIFIED COPY EVIDENCE OF PERFORMANCE. Whenever
mine owner, company, or corporation shall have performed
the labor and made the improvements required by law upon
any mining claim, the person in whose behalf such labor was
performed or improvements made, or some one in his behalf,
shall within thirty days after the time limited for performing
such labor or making such improvements make and have
recorded by the county recorder, in books kept for that pur-
pose, in the county in which such mining claim is situated, an
affidavit setting forth the value of labor or improvements
made, the name of the claim, and the name of the owner or
claimant of said claim at whose expense the same was made

784



Tit. X.] CO-OWNER— NOTICE TO. §§ 1426n, 1426o

or performed. Such affidavit, or a copy thereof, duly cer-
tified by the county recorder, shall be prima facie evidence
of the performance of such labor or the making of such
improvements, or both.

History: Enacted March 13, 1909, Stats, and Amdts. 1909.
p. 315.

As to form of affidavit of annual work, improvement, etc.,



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