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By H. L. Bourne

Not everyone understands the concept of mineral royalty. Mineral royalty is a fee paid to a landowner by someone who extracts a mineral commodity from the owners property. The royalty contract between the lessor and lessee contains clauses and conditions that are significant to both parties, e.g., annual m1n1mum, escalation factor, duration of the lease, reclamation and assignability. Comparison of royalty rates requires knowledge of many conditions that influence the value of a given deposit. People in several different professions benefit from shared royalty information.

Jan 1, 1989

By James E. Dailey

Marine mining is driven by profitability, and profitability is driven in turn by people and equipment that can work productively and safely at sea. Design challenges faced by the marine mining community have much in common with those faced by the offshore construction community. Technical solutions continue to move freely between both communities. A brief pictorial history summarizes the evolution of offshore construction technology as it grew in the Gulf of Mexico and expanded worldwide. Attention is focused on those areas of platform and pipeline construcion where there is potential technology application to underwater mining. An especially difficult challenge faced by both communities is work in the surf zone. Some innovative concepts for surf zone construction operations are presented and possible applications to marine mining are suggested.

Jan 1, 1989

By Charles G. Kemsley

MR. C. R. WHITTEMORE: It is interesting to note that the mining industry is making increased use of alloy steels for drilling. They will undoubtedly lead to greater footage at lesser cost. Mr. Kemsley states that, for use in hard ground, the shanks are brought to a hardness of 435 to 440 Brinell by heating them to approximately l,800°F. It seems to me that this temperature is excessively high-it is considerably above the critical point of the steel. The only effect of such a high temperature is to lessen considerably the impact resistance of the steel. The possibilities of an oil quench, followed by a tempering draw which does not lessen the hardness of the steel too much but increases its toughness, might well repay further study; also the temperature control, a factor which depends on the composition of the steel. However, service results are undoubtedly the best criterion of practice. MR. KEMSLEY: I would like to point out that the steel is not quenched at 1,800°F. After heating to this temperature, it is laid aside to cool gradually; this high temperature is necessary to produce the required hardness by simple normalizing-cooling in still air. We all know that ideal conditions for hardening steel demand salt baths and furnaces with automatic temperature control, but for most companies the cost of such equipment having sufficient output capacity is prohibitive. The end we are trying to attain is to make good drills at a cost that will be within the means of any mine.

Jan 1, 1942

Controlled Blasting, Inc. (CBI) located in Norcross, Georgia recently teamed with the Dekalb county fire marshals office to stage a mock disaster to test new trainees of Community Emergency Response Team (CERT). It as an interesting example in which industry can help out the community and government through the use of explosives.

Jan 1, 2010

Predict the spontaneous combustion potential of a mining operation using an expert system computer program.

Jan 1, 1994

"The largest variety of asphalt and related bitumen deposits in this country is found in Utah. Utah is one of the few places in the world where the hydrocarbon minerals, gilsonite or uintaite, wurtzilite (trade name elaterite) and ozokerite are produced. These bitumens occur in an area embracing nearly 10,000 square miles in eastern Utah near the Colorado line. This area is largely in the western part of the Uintah basin. The bitumens are in the Tertiary horizon in the various divisions of the Eocene series.Gilsonite is an asphaltite derived from petroleum, wurtzilite is an asphaltic pyrobitu¬men derived from petroleum, and ozokerite is a native mineral wax resulting from the met-amorphosis of paraffinaceous petroleum.Gilsonite is produced by the Gilson Asphaltum Company, a subsidiary of the Bar¬ber Asphalt Company, at Watson, Utah. A narrow guage railroad, seventy miles in length and with a 7 1/2 percent grade over the Book Cliffs on Baxter Pass, was constructed by the company from the Denver & Rio Grande Western railroad main line in order to open up the gilsonite deposits. The veins range from narrow upward to 18 feet in width. The Rainbow vein at the present wokings is eight feet wide, vertical, and has sandstone walls. This vein has been opened up for a distance of about three miles and in some places four hundred feet deep. Forty men usually are employed with a production of eighty tons per day."

Jan 1, 1925

By John Fritz

THE John Fritz Medal was presented to Ambrose Swasey of Cleveland, Ohio, in the Auditorium of the Engineering Societies Building, in New York, on April 23. Charles F. Rand, Chairman of the Board of Award, presided and, after speaking very briefly of Mr. Swasey, whose friend he has been for a great many years, ,introduced Gen. William Crozier, formerly Chief of Ordnance, U. S. Army, who spoke most entertainingly of, Mr. Swasey's accomplishments in designing and manufacturing instruments of precision, particularly for the use of artillery in range finding: Dr. William Wallace Campbell, Director of the Lick Observatory, and President of the University of California, described Mr. Swasey's, contribution to astronomical advancement by his notable development of the largest telescopes in this country.

Jan 1, 1924

By K Biegaj

During the author’s 25+ year career in mine management in various parts of the world (mostly in Australia), the author has been privileged to live and work in mining towns (not FIFO) for more than 20 years. And has personally observed other people from the mining industry carrying out work at home in an unsafe manner, eg pushing lawn mowers whilst wearing thongs or performing electrical jobs whilst standing on aluminium ladders, as well as many others. It is common that injuries sustained at home whilst on break are not reported upon arrival back on a mine site. A large number of compensation claims for injuries at work, which in fact had been sustained at home, come at substantial extra costs to mining companies.

May 5, 2022

Jan 1, 1895

FRank FirmstoNe, Easton, Pa.: The effect of lead on brass seems to have been recognized by Berthier, and the facts published by him as early as 1818 (Ann. des Mines, 1st ser., iii., 1818, p. 347 et seq.). He there says expressly that copper containing lead makes " dry " (see) brass, and that, for the same reason, blast-furnace

Jan 1, 1898

Since this paper was written, some changes have taken place, materially reducing the cost of iron-making as estimated in the text. These are chiefly reductions in the prices of ore and fuel. The charcoal used is now made in bee-hive ovens, and the price is con-

Jan 1, 1895

By Z. Botha

Sheryl Sandberg, the COO of Facebook, published a book titled 'Lean In', where she invites women to sit at the table. In summary, to 'sit at the table' entails not only embracing opportunity, but to actively seek out opportunities in leadership positions. Sandberg points out that, unfortunately, apart from institutional obstacles, a woman's own perceived limitations have a negative impact on her leadership ambitions. To create an environment where diversity will flourish, where everyone has a seat at the table and everyone has a voice, safety must be established first. To establish safety within a diverse team, there is power in relationships and connections. This study will first and foremost review theories in literature as to why diversity and inclusion are so important and the value that diversity brings to our industry. The study also recommends a few focus areas for improving diversity and inclusion in the industry.

Sep 1, 2022

1.Overview of the Ministry of Energy, Mines and Petroleum Resources (MEMPR) 2.First Nations Perspective 3.Revenue Sharing Framework 4.Economic and Community Development Agreements (ECDA?s ) 5.Questions? The Ministry of Energy, Mines and Petroleum Resources (MEMPR) MEMPR manages the responsible development of British Columbia?s energy, mining and petroleum resource sectors. Through the promotion of teamwork and positive working relationships with our clients, MEMPR facilitates a climate for thriving, safe, environmentally responsible and competitive energy, mining and petroleum resource sectors. Works closely with others in Government (e.g.. Integrated Land Management Bureau) to engage First Nations in consultation processes as well as revenue sharing negotiations.

May 1, 2010

"Above ground, elevated belt conveyors that span more than 200 m (656 ft) between support points can cross valleys, rivers, forests and buildings with a minimal footprint. The cable bridge conveyor (CBC) is a new type of suspension bridge based belt conveyor system that has long spans between support points. It combines a typical belt conveyor and an improved simple suspension bridge to form a conveyor bridge. The improved simple suspension bridge places a widened bridge deck directly on suspended cables, without the need for high truss towers. The benefits include reduced cost and increase aerodynamic stability compared to conventional suspension bridges. The CBC’s compatibility with current belt conveyors allows versatility in application.A belt conveyor is a ubiquitous material handling system. Conveyors can be placed directly on ground or elevated above ground by support structures. Considerations of cost, design, environment, civil work, safety and process requirements are all factors in choosing the ground-based or elevated conveyors (Zhang, 2014). The ground-based conveyor has the lowest structural cost when the conveyor is placed on an existing road. Maintenance access is easy and straightforward. Compared to the groundbased conveyor, the elevated conveyor can cross existing buildings and structures, give passage to traffic beneath the conveyor, has a smaller footprint and requires less civil work to pass mountainous areas. The drawback of the elevated conveyor is higher structural cost, which can be compared with savings in civil work and other benefits. Conventional elevated conveyors are supported by rigid truss-type structures, with a typical span of 15 to 25 m (50 to 82 ft) between concrete support bents or steel trestles. Triangular truss, using steel pipes instead of hot rolled steel sections, is more efficient. The typical span of a triangular truss-supported conveyor is around 30 to 40 m (100 to 130 ft), while the weight is about 10 percent less than conventional box truss with a shorter span (Jennings, 2013).Long-span elevated structures based on suspension bridge is another step forward in increasing the distance between support bents, reaching 100 to 400 m (330 to 1,312 ft) and beyond. The wide distance between the support points of an elevated conveyor offers unique benefits. The conveyor can cross rivers, valleys, highways, forests and other obstacles with minimal footprint and reduced civil work. The versatility from long-span conveyors makes bulk material transportation over previously impossible terrains now a feasible option."

Jan 1, 2014

By S. D. Thompson

An AIME transaction by P.L. Allsman (1960), "Analysis of Explosive Action in Breaking Rock," contains many useful concepts applicable to blast design. Of special interest was the derivation of a heave blasting burden formula, which is important in establishing the maximum burden. Unfortunately, its derivation contains a fundamental error and then a compensating one. This formula was: [ ] The derivation used the impulse-momentum principle, with a 0.3 m thick (1 ft thick) radius of rock mass being acted on by an explosive impulse. However, the rock weight was not converted to mass by dividing by the gravitational constant. This mistake can be verified by checking the units in the formula, which resolve into m%-sec instead of meters. Adding the gravitational constant corrects this: [ ] If the minimum velocity is now taken as 0.3 m/sec (1 ft per sec), as was recommended, excessively large burdens result. Any appropriate rock velocity should be capable of throwing the rock mass a minimum distance so that the swell needed for breakage can occur. Unless the burden is extremely small and the bench height is very high, it is unlikely that a velocity of only 0.3 m/sec (1 ft per sec) will be sufficient. A review of the literature indicates that average rock velocities observed by camera studies typically range from 15 to 30 m/sec (50 to 100 ft per sec) (duPont deNemours and Co., 1977; Tansey, 1979). On this basis, a minimum rock velocity of about 15 m/sec (49 ft per sec) would be expected and not 0.3 m/sec (1 ft per sec). When a velocity of 15 m/sec (49 ft per sec) is inserted into the corrected formula, the results approximate those of the original formula with a velocity of 0.3 m/sec (1 ft per sec). The errors were approximately self-compensating [ ] References Allsman, P.L., 1960, "Analysis of Explosive Action in Breaking Rock," Transactions, AIME, Vol. 217, pp. 475-476. E. I. duPont deNemours and Co., 1977, Blasters' Handbook, 175th Anniversary Edition, Dupont, Wilmington, DE, pp. 233. Tansey, D.O., 1979, "The DuPont Sequential Blasting System," CIM Bulletin, Vol. 72, July, p. 80. Thompson, S.D., 1981, "Critical Review and Revision of Surface Blasting Practice," MS thesis, West Virginia University, pp. 308-316.

Jan 3, 1985

By Donald J. Knight

HEAT Treatment at 1500' F of a mild steel containing 0.1 pct C, in an atmosphere which is oxidizing to both carbon and iron, results in the progressive oxidation of the metal surface with little or no change in the carbon content of the underlying metal. Further heat treatment of the scaled metal in either a neutral atmosphere or in a vacuum may or may not result in the decarburization of the metal depending upon the physical nature of the scale. It is apparent that if a continuous layer of oxide is present on the steel surface, the reaction OScale + Cmetal Cogas cannot progress since the SO formed gas would be unable to leave the oxide/metal interface. Thus, in order for the reaction to progress, the oxide must be cracked or porous. Vacuum heat treatment at 1500" F of samples with a thick continuous oxide scale showed no decarburization of the steel. However, when cracks were introduced mechanically into the scale prior to the vacuum heat treatment notable decarburization of the metal resulted and a structure as shown by Fig. 1 obtained, i.e., reduction of the crack walls to ferrite. With reference to the diagram of Fig. 2, it would appear that a mechanism of the following type takes place. Carbon atoms arriving at an oxide/metal/void interface, such as 'A', Fig. 2(a), can combine with oxygen atoms from the scale and leave the reaction site as Cogas thereby reducing the oxide to metal. On a greatly magnified scale, Fig. 2(b),this will appear as a ferrite projection along the crack wall. Carbon atoms entering this projection can react with oxygen atoms at point 'C', which is a new interface, and so on leading to a progressive growth of the ferrite along the crack wall and to the surface, Figs. 2 (c) and 1. It would appear that the only means by which thickening of the ferrite film can take place is by a diffusion of oxygen through the ferrite film to react with carbon at the newly formed ferrite/ void interface. Since the diffusion rate of carbon is reportedly much greater than that of oxygen, and since there is a low probability factor of oxygen and carbon atoms arriving simultaneously at the same site on the ferritehoid interface, there will be a tendency for more rapid lengthening than thickening of the ferrite layer, as is observed.

Jan 1, 1962

By P. N. Erasmus, M. Heyns, M. J. Pretorius

The characteristic of stope supports plays a vital role in the design of the supports. This paper deals with the characterisation of both cellular lightweight concrete and timber supports since both supports absorb and dissipate the energy in different ways. The behaviour of the support and hence its performance is simulated for different loading conditions by constructing a model consisting of various mechanical components like springs, dampers and blow-off valves. When the force exerted by the stope support increases significantly during deformation of the support, the stresses in the hangingwall could exceed values where failure of the hangingwall may occur. There is a need to understand this phenomena and the work presented in this paper is a first attempt to start with the characterisation of the stope support. Les caractéristiques des supports de taille jouent un rôle vital dans la conception des supports. L’étude présente traite de la caractérisation des supports cellulaires en béton léger et en bois, puisque ces deux types absorbent et dissipent l’énergie de façons différentes. Le comportement du support et par conséquent sa performance est simulée pour des conditions différentes de chargement en construisant un modèle qui consiste en des organes mécaniques variés tels que ressorts, registres et valves d’échappement. Quand la force exercée par le support de taille augmente considérablement pendant la déformation du support, les contraintes dans le toit peuvent dépasser des valeurs qui pourraient entraîner la défaillance du toit. Il est nécessaire de comprendre ce phénomène et l’étude ici présentée constitue un premier essai dans la caractérisation du support de taille. Die Charakteristika der Strossenunterstützung spielt im Design von Unterstützungen eine vitale Rolle. Diese Arbeit befaßt sich mit der Charaketerisierung sowohl der porösen Leichtgewichtbeton- als auch mit der Holzunterstützung, da beide Unterstützungen Energien auf verschiedene Art und Weise absorbieren und auflösen. Das Verhalten der Unterstützung und folglich seine Leistung wird für unterschiedliche Ladezustände simuliert, indem ein Model konstruiert wird, welches verschiedene mechanische Komponenten wie Federn, Dämpfer und Ausblaseventile enthält. Wenn die von Strossenunterstützung während einer Unterstützungsdeformation aufgebotene Kraft signifikant ansteigt, könnten die Spannungen im Bereiche des Stollenfirstes Werte überschreiten wo ein Versagen des Stollenfirstes eintreten kann. Es besteht die Notwendigkeit dieses Phänomen zu verstehen, und die Arbeit, die in diesem Elaborat dargestellt wird, ist ein erster Versuch, mit der Charaketerisierung der Strossenunterstützung zu beginnen.

Jan 1, 2003

[Separates of all the Pamphlets published within the last three years (starting with No. 1469) are available, with few exceptions, at Institute headquarters. Separates of all the Technical Publications are also available. All the papers are on file in public, university and technical libraries, and when so indicated in the list, may be found either in the TRANSACTIONS or in the special volumes issued by the Institute.] METAL MINING TRANS. PAMPHLET VOLUME NUMBER TITLE AUTHOR MEETING AND PAGE* -1033 Relation of Air Pressure to Drilling H. W. Seamon New York 66,743, 766 Speeds of Hammer Drills Feb., 1921 1034 Time Factor in Depletion of Mines J. W. Roberts New York - 66,711 Feb., 1921 1 1035 Calculation of Ore Tonnage and Grade J. E. Harding New York 66, 117, 122 from Drill-hole Samples- Feb., 1921 1038 Discussion of Papers Presented in 1920 1041 Run-off and Mine Drainage - H. N. Eavenson New York 66, 624, 630 Feb., 1921 1043 The Health of the Underground Worker A. J. Lanza New York Feb., 1921 1045 Dust-ventilation Studies in Metal D. Harrington New York 66, 272, 282 Mines Feb., 1921 1046 Discussion of Papers Presented at New York Meeting, 1921 1072 Breakage and Heat Treatment of Rock- B. F. Tillson New York 66,758 drill Steel Feb., 1921 1073 Discussion of Papers Presented at New York Meeting, 1921 1076-M Analysis of Some Drill-steel Tests F. B. Foley New York - 66,789 Feb., 1921 1077-M Application of Magnetic Analysis to C_ W. Burrows New York 66,796 Root Drills Feb., 1921 1078-M Heat Treatment of Rock-drill Steel G. H. Gilman New York 66,779 Feb., 1921 1080 What is the Ideal Drill Steel? F. H. Kingdon New York 66,807 Feb., 1921 1081 Rock Drill Steels, etc. W. T. Ober New York 66,814 Feb., 1921 1082-C Underground Mine Development, Its J. B. Dilworth Wilkes-Barre 66, 715, 721 Definition and Valuation Sept., 1921 1084 Drill Steel from Hollow Ingots P. A. E. Armstrong New York 66,809 Feb., 1921 1088 Authors' Replies to Recent Discussion 1092 Heat Treatment of Rock Drill Steel A. E. Perkins New York 66,811 Feb., 1921 1096-M Octagonal Ventilation Shaft of Davis- J. L. Bruce Wilkes-Barre 66, 252, 268 Daly Copper Co. Sept., 1921 1100-C Determination of Electrical Equip- G. Bright Wilkes-Barre 66, 580, 605 ment for a Mine Hoist Sept., 1921

Jan 1, 1926

By Arnold S. Epstein

Tlze green electroluminescence occurring at liquid-nitvogen temperature in epitaxial gallium phosphide diodes is exarnined using the donor dopants silicon and sulfur. Zinc is used as the p-type diffusant. Two tt~ain peaks are found, namely til 0.56 and 0.535 p. The intensity of the gYeen peak occurring at 0.56 is found to oary as -4"' wlzere Jf is the forward current density and to first order appears to be dependent on the concet~tvation of ionized donovs. Tile vadintive lifetinze fov this process is -10-'sec. The intensity of the 0.56-p lu~ninescence is nt least several ovdevs of magnitude greate,, at liquid-nitvogen temperature than that noted jor the 0.538 radiation for current densities up to about 35 amp per sq cm. The variation oj- the intensity of. the 0.538-p peak with current density caries according to the donor dopant. With sulfur as the donor one has a J12 dependence, whereas when silicon is the donov a J1.5 dependence is noted. Tl~e above can be fitted to a In molecular process (in first order) such as a band to band recombination. The constant B fir band to band vecombination) is found from our experitt~etlt to be of the order of 2 CZI cm per sec, zcl~ereas for tlze impurity vecombination peak (0.56 p]) tile A cotzstor~t is of the order of. 7 x 10-' cu cm per sec. The structuve o/. the diodes at liquid-nitvog-en tett~peruture is oj tlze double injection type, and by carefi~lly selecting. the thickness of the structure one can regulate the onset of the 0.538-p radiation. The diode clzavaclevistics follow an I-Vx laiv where x is >1. Llregatiue resistance in these structures con be correlated with saturation of tlze 0.56- peak. ThE development of high-purity, large single crystals of epitaxially grown gallium phosphide is the ultimate aim of the studies to be reported. While a number of papers and reviews' have been presented on properties of gallium phosphide grown from gallium solution and from the melt, less attention has been paid to the properties of epitaxial gallium phosphide grown from the vapor. In the studies to be reported we have examined the effects of shallow donor impurities, primarily silicon and sulfur, at liquid-nitrogen temperature, on both the electrical and green electroluminescent properties of carefully characterized single-crystal epitaxial Gap. I) EXPERIMENTAL PROCEDURES A) Material Preparation and Properties. The samules used in this investigation were single-crystal n-type epitaxial gallium phosphide. he single crystals were synthesized from the elements by vapor transport and epitaxial deposition on single-crystal gallium arsenide substrates. Typical transport agents used were chlorides. The growth procedures are described in more detail in Ref. 2. The samples were grown in the (111) orientation and had thicknesses up to 480 . Following the growth, the GaAs substrate was removed from the epitaxial Gap by etching in nitric acid. The Hall effect and resistivity of these n-type samples were measured as a function of temperature and analyzed for impurity content and compared with spectroscopic emission analysis. The results are given in greater detail in Ref. 3 but a summary is noted in Table I. In Table I, AED denotes the donor ionization energy, Nd is the donor impurity concentration, lvA is the acceptor impurity concentration, NI is the total impurity concentration, Rip vs temperature is the measured Hall mobility-temperature relationship from liquid nitrogen to about 400"K, n(77"K) is the measured carrier concentration at liquid nitrogen, and R/p(77'~) is the measured Hall mobility at liquid nitrogen. Good agreement is noted between electrical and emission analysis for the major donor impurity, silicon, in the two materials where it is a major constituent. In the case of the two samples SC90-6 and AP138-3(111) B which were sulfur-doped the ionization energy found from the electrical data is in good agreement with that reported for sulfur.4 The acceptor impurities are not known, although from the presence of magnesium in the samples as indicated by emission analysis and its known role as an acceptor in GaP,4 magnesium could be present as an acceptor. Similarly, since silicon is known to be an amphoteric impurity4 it may also be present as an acceptor in the Gap.* The *A small band has been noted at 0.625 11 in samples SC90-6, SC76-4, and SC77-4, suggesting according to Ref. 5 that sillcon could be present as an acceptor In these samples since these authors have found this peak to represent a donor-silicon emission. presence of calcium deduced from emission analysis is not correlatable with the electrical analysis and its presence as an electrically active impurity should be questioned. B) Sample Preparation and Diode Fabrication. The original slices were of the order of 2 sq cm in area witi the (111)B face up. The material was cleaved and sectioned and the best pieces selected (i.e., those which visually appeared to have the least strain and defects). The samples were polished, lightly etched, and cleaned in trichloroethylene. Zinc was diffused in a closed tube at 800°C to form a p-n junction. Diodes were made from these samples. The depth of junction varied, but did not exceed 10 p depth. The back side of the slice was lapped back and a low-resistance n-type contact was formed (at 600°C in forming gas) to an Au-Mo tab with a hole in the middle for

Jan 1, 1968

By W. A. Hutchins

Water laws important to the mining industry are those which govern or affect the right to use water, to dispose of water after using it in mining or milling, and to discharge waste material into watercourses. They include statutes and court decisions having general applicability, as well as others that pertain specifically to mining. THE INDUSTRY'S CONTRIBUTION TO WESTERN WATER LAW Despite sharp differences of opinion, the water law the Spaniards brought to the Southwest appears to have included some form of appropriation of water. The Mormons, who settled in Utah in the mid-nineteenth century, also developed a system of appro-priative water titles. But by far the most profound impact on western water law was made by the gold-seekers who flocked to the Sierra Nevada foothills of California after the discovery of gold in 1848. Much of the gold was extracted from the ground by hydraulic or placer mining, and so the miners' rights to the use of water became fundamentally important. Since there was no organized government in the foothills and no laws other than those made by the miners, they helped themselves to the land, the gold, and the water needed to work their claims.1 They established and enforced regulations governing the acquirement and holding of mining claims and their rights to the water they needed.' In 1879 Justice Field, former Chief Justice of the California Supreme Court, spoke for the U. S. Supreme Court in saying that the miners were "emphatically the law-makers, as respects mining, upon the public lands in the State."" Rules of the California mining camps were based on two essential principles: 1) priority in discovering claims and appropriating water by diverting it from streams and putting it to use, and 2) diligence in working claims and applying water in mining. The customs so developed, which were copied in mining areas of other states and territories, were enacted into law in one western jurisdiction after another. They form the basis of what is called the arid-region doctrine of prior appropriation of water, which received the attention of Congress in legislation recognizing and protecting appropriations of water for mining, agriculture, and other purposes on the public domain.' In several western states a great number of water cases decided in the early years involved relative rights to the use of water for mining purposes or for milling connected with mining." The miner's inch, the customary unit for measuring water in the mining camps, is still used in various western communities, although its relation to the cubic foot per second varies from one area to another. Undoubtedly, the miners of a century ago made the major contribution to the appropriation doctrine as it is now recognized and applied throughout the West. What inspired the California gold-seekers to develop these principles? Thoughtful writers have pointed out that their regulations and customs were strikingly characteristic of much earlier mining enterprises in the Old World.D It is said that the right of free mining and free use of flowing water therefor —so similar to the California conditions and practices—-was a part of the customs of Germanic miners in the Middle Ages, that it spread from middle Europe to other countries and colonies, and that the doctrine of prior appropriation was widespread in the important mining regions of the world. Certainly the Forty-niners came to California from many countries. It does not tax the imagination to consider that they may have brought with them some knowledge of the old Germanic customs and applied this knowledge in their new environment. RIGHTS TO USE OF WATER IN GENERAL In the West, rights to the use of water of watercourses fall into two categories—appropriative and riparian. The doctrine of prior appropriation is recognized in each of the 17 western states. The riparian doctrine is recognized concurrently with the appropriation doctrine in some of these states but has been abrogated in the others. The riparian doctrine prevails generally throughout the East, although there is now considerable interest in developing something else. Generally speaking, the appropriation doctrine has been highly developed in the West, whereas the principles of riparian doctrine have been comprehensively established in only a few states throughout the country. The subject of water rights is a big one. Space permits no more than a brief discussion of aspects that bear upon the title of this article. RIGHTS OF PRIOR APPROPRIATION Fundamental to the doctrine of prior appropriation is the principle first in time, first in right. Although in some states there are statutory exceptions. the original and still generally prevailing rule is that the first one who initiates a right to divert and use water of a stream, and who completes his undertaking with reasonable diligence, acquires thereby the first right of appropriation of the specific quantity of water involved. Each succeeding right in point of time is junior to all earlier rights but senior to all later ones. The practical effect of this priority system is that when the water supply is not enough for all, the earliest rights must be fully satisfied before any water may be taken by those later in time. Acquirement of Appropriative Rights: Each of the 17 western states has a statute under which water may be appropriated pursuant to a prescribed procedure. Generally, the first step to be taken by the intending appropriator is to file application in the office of the State Engineer for a permit to make the appropriation. In most but not a11 states, valid ap-

Jan 1, 1961