Water Levels Already
Near Summer Levels!

The amount of water flowing within the Klamath, Scott and Salmon Rivers is already down to early-summer levels. Experts are saying that there is so little snow-pack in the mountains this year, that we can expect record-low water levels in the rivers.

In fact, the Irongate dam has already begun reducing the amount of water it is releasing. The release is presently at 800 CFM. These images were taken a few days ago. You can already see the white line along both sides of the Klamath, where the water was running this winter before the first cut-back of water from the dam.

Spring has also begun early this year. Leaves are sprouting out on most of the trees, and flowers are in full bloom everywhere.

Historic low-water levels in these rivers will allow dredgers to get out into places where the water has normally been too fast to allow access. That gives us something exciting to look forward to!

Legal Affairs

There is nothing shockingly-new on the ongoing  Karuk litigation. This is a case where the Karuk Tribe of California has filed a lawsuit in federal court attempting to prevent the U.S. Forest Service (USFS) from approving Mining Plans for in-stream mining without first going through an extensive consultation process with other federal agencies.

Existing 36 C.F.R. Part 228 mining regulations allow the District Ranger to use his or her own discretion, based upon the best advice of his or her staff and other experts, to decide what type of mining activity will likely cause a significant disturbance and possibly trigger the consultation process with other agencies.

Generally, District Rangers have decided that hand-mining and suction dredging activity conforming to state regulations do not rise to the level of a “significant impact.” The Karuk Tribe is asking a federal judge, Saundra B. Armstrong in Oakland, to decide otherwise.

Our organization has filed a motion with the federal court to intervene in this litigation. We are doing this on the grounds that the miners need to be heard in this matter, since it is our rights that are being contested in the litigation.

The decision in this case will have an impact upon all national forests in America.

Since filing our motion with the Court, the Karuks have filed an Opposition to our Intervention. Their position is that even if miners are not allowed to work our claims, the BLM will allow us to own them if we pay the annual fees. Therefore, they say, our economic interest in the litigation is not important.

I won’t comment directly on the Karuk position, because we are actively involved in the litigation. But if you are interested, you can take a look at our formal Reply to the Karuks. We have created a special “Legal Affairs” page on our web site HERE so you can go up and have a direct look at the documents concerning the legal affairs that we are either involved with, or are watching closely.

Legal Fund Needs Replenishment!

As you can imagine, the very intense amount of legal activity during resent months has taken a heavy toll on our legal resources. These legal-fund resources are the only thing that allows us to meet anti-mining activists in court. So we must replenish the fund as it gets used up. Just a little help from everyone is all that it takes to keep us in the game with really good attorneys.

I am requesting anyone and everyone who is able, to please send in a $10 donation to help replenish the legal fund. Checks can be made out to New 49’ers Legal Fund, P.O. Box 47, Happy Camp, CA 96039. The girls in the office (530 493-2012) will also process a credit or debit card, or receive payment through PayPal.

Thanks for whatever you can do to help. We would not be able to do this without your support. Together, we are accomplishing some of the most important things that are happening within our industry at this time.

New Billing System

The new accounting system will also automatically process credit or debit card payments every month. Some people find this easier than sending in a check for payment, and it also saves the postage (both ways) involved with sending monthly statements in the mail.

While we are already providing his service for members, our accountant has advised us that California law requires us to have something in writing from anyone who has consented to automatic payments. Therefore, we are including the permission form with this newsletter. For those of you who are already making membership payments this way, or those of you who would like to start, we ask that you please fill out the enclosed form and send it in to the office.

Winter Show Schedule

We are planning to display at the remaining industry trade show this April:

Primm GPAA            April 15, 16 & 17

Please look at your schedule and see if you can squeeze some time in to help. If you can help, or just want to stop by and say hello, it is a good idea to coordinate in advance with Montine in our office (530 493-2012) .

Montine will be able to tell you our booth number, and give you a local contact phone number to reach us. Members who arrange in advance to help in the booth do not have to pay admission to get into the shows.

Help Wanted

We need help with the acquisition and installation of small heat pumps into two of our back-offices, and we also need the help of an experienced handyman (or several) to help with some office improvements. If you might be interested in working something out to give us a hand, please contact me personally at (530) 493-2012, or By Email .

Re-working the Membership Agreement

In consideration of an ever-changing world where everything about what we do is being looked at more closely, our attorneys are helping us to update the New 49’er Membership Agreement. We are being advised that it is better to have the main elements of the member-rights more-clearly outlined in the Agreement.

The intent is to acknowledge the mining right of individual members. While we already do that, it is presently necessary to go through the New 49’er information booklet to understand what the member’s rights are.

The new Agreement is going to state more clearly that members in good standing have paid for the right to keep the gold you find on mining properties that are being made available to you by our organization. It is going to say that you have the right to either conduct your mining program in conformance with any group Plan the organization is able to negotiate with the authorities on behalf of all the members, or that you may conduct your mining program as an individual and deal with the authorities directly.

Watch for this, because our work on the new Agreement is nearly complete.

Gearing up for the 2005 Mining Season

We are still working out details with the USFS to finalize group Plans along the Klamath, Scott, the  North Fork and main stem of the  Salmon River down at least to Nordheimer Campground, during the upcoming season.

Please be a little patient with us, because the process is complex, especially with the ongoing litigation. We are working on it. The signals we are getting lead us to believe we will have something formal in place very soon.

As the low-water conditions and early spring weather has some members already arriving in Happy Camp, we have started preparing for the busy summer months ahead.



I took this picture of Craig Colt a few days ago while we were out on the river doing maintenance on all our signs.

Things are lining up for us to have a great season!

See you out on the river,

Dave McCracken
General Manager