BLM Staffer’s Word on Land Ownership in Bear Basin


Post by WildSnow.com blogger | December 26, 2010      

Editor’s note: John Morrone, one of our WildSnow readers, works at BLM. With access to the original location documentation for all Colorado mining claims, and associated expertise, he did this patent review for Gold Hill Development claims in Bear Creek (Telluride, Colorado). Bear in mind that the original federal patent is the controlling document for boundary definitions, but when overlapping claims exist it can take a bit of work to decipher things. Morrone did the work and concludes there is no gap between claims that could be used for public access. But his other info is interesting as well, so I’ll just publish it for the record. Following lightly edited for clarity.

Mining claim ownership in Upper Bear Creek Canyon, Modena and Gertrude claims area, by John Morrone.

Per federal mining law, ownership and rights of mining claims are dependent on earliest date claim having superior rights over later mining claims. As such, where mining claims overlap, the younger claims rights are secondary (“excepted”) to the oldest claims. The area of the Modena and Gertrude mining claims include several overlapping and conflicting claims.

The original federal patent title certificate No. 1802 to the Modena and Gertrude mining claims was issued on January 24, 1906, with signature of T. Roosevelt, title number 43335, subject to mineral survey No. MS13375 (maps 1 & 2).

In this patent document, the area and rights of the Modena and Gertrude mining claims are described, including the statement:
“expressly excepting and excluding from these presents all that portion of the ground herein before described embraced in said OLD MAID and GRAND AVENUE LODE claims, survey no. 2660A, and that portion of said survey No. 1812 in conflict with said GRAND AVENUE LODE claim survey No 2660A, and those portions of said survey Nos. 1812 and 1813 in conflict with said OLD MAID LODE claim survey No. 2660A, and also all veins, lodes and ledges throughout their entire depth, the tops or apexes of which lie inside of such excluded ground, the granted premises in said lot No. 13375 containing twenty acres and four hundredths of an acre of land, more or less.”

The above statement means that the Modena and Gertrude claims are not typical simple rectangular mining claims (or some slight variation with two extra corners), but exclude any conflicts where overlapped by the pre-existing Old Maid and Grand avenue claims (see map 1). From this it appears that Mr. Chapman’s and Gold Hill Development claims may have breaks in their cross-valley transect, allowing for non-trespass travel.

But it gets more complex:
The title for the Old Maid and Grand Avenue claims notes that they are excepted by two other pre-existing claims: the John Borland claim, and the Snowdrop claim. These claims happened to be in very similar position to the Modena and Gertrude claims (see map 2). The title to the Old Maid and Grand Avenue claims was issued in 1891, and excluded any conflict areas with these 2 older claims. When viewed in the detailed survey map, much of the conflict excepted from the Old Maid and Grand Avenue by the earlier claims (JB and Snowdrop) is so similar to the Modena and Gertrude, that most of the Old Maid and Grand Avenue claims do not have significant ownership infringing on the Modena and Gertrude. This leaves only 0.31 aces of conflict (very small triangles near the north and south edges of the claims) removed from the Chapman claims. Hence the upper forks of Bear Creek indeed have a private land transect cutting them controlled by Mr. Chapman. In other words, there is no gap that could be used by the public to avoid private land.

Map 1. Topo Map Showing Location of Subject Claims in Bear Creek Canyon
Claim Locations based on BLM cadastral survey connecting sheet data.

BLM topo map showing Bear Basin, Gold Hill Development

BLM topo map showing Bear Basin, Gold Hill Development parcels and others.

Original mining claim plat showing Gold Hill Development parcels.

Mineral Survey Map MS 13375, upper Bear Creek Canyon. Original mining claim plat showing Gold Hill Development parcels. Click image to enlarge.



IF YOU'RE HAVING TROUBLE VIEWING SITE, TRY WHITELISTING IN YOUR ADBLOCKER, OTHERWISE PLEASE CONTACT US USING MENU ABOVE, OR FACEBOOK.

Please Enjoy A Few Suggested WildSnow Posts


Comments

3 Responses to “BLM Staffer’s Word on Land Ownership in Bear Basin”

  1. Mark W December 26th, 2010 11:21 pm

    Any clarification on the nebulous issue of water rights with regard to traveling over snow?

  2. Michael December 27th, 2010 3:48 pm

    Lou,

    sorry to be off topic, but I am looking for gps info. The last discussion of yours I could find was over 1yr ago.

    From that discussion, I looked at the Garmins and DeLorme. It seems that the specs for the PN-60 are leagues above everything else-3.5gb on board memory, expandable to 32gb, push button, barometric altimeter. However, I need to install Windows on my Mac to use it.

    I was hoping there were some folks with recent experience could chime in, what are people using? Is there a comparable unit for the Mac? Any issues with DeLorme?

    Thanks for letting me hijack the post

  3. Lou December 27th, 2010 6:55 pm

    Michael, I’m a fan of Garmin, 60csx and that type…

  Your Comments


  Recent Posts




Facebook Twitter Email Instagram Youtube

 



  • Blogroll & Links


  • Welcome to Louis (Lou) Dawson's backcountry skiing information & opinion website. Lou's passion for the past 50 years has been alpinism, climbing, mountaineering and skiing -- along with all manner of outdoor recreation. He has authored numerous books and articles about ski touring and is well known as the first person to ski down all 54 of Colorado's 14,000-foot peaks, otherwise known as the Fourteeners! Books and free ski touring news and information here.

    All material on this website is copyrighted, the name WildSnow is trademarked, permission required for reproduction (electronic or otherwise) and display on other websites. PLEASE SEE OUR COPYRIGHT and TRADEMARK INFORMATION.

    We include "affiliate sales" links with most of our blog posts. This means we receive a percentage of a sale if you click over from our site (at no cost to you). None of our affiliate commission links are direct relationships with specific gear companies or shopping carts, instead we remain removed by using a third party who manages all our affiliate sales and relationships. We also sell display "banner" advertising, in this case our relationships are closer to the companies who advertise, but our display advertising income is carefully separated financially and editorially from our blog content, over which we always maintain 100% editorial control -- we make this clear during every advertising deal we work out. Please also notice we do the occasional "sponsored" post, these are under similar financial arrangements as our banner advertising, only the banner or other type of reference to a company are included in the blog post, simply to show they provided financial support to WildSnow.com and provide them with advertising in return. Unlike most other "sponsored content" you find on the internet, our sponsored posts are entirely under our editorial control and created by WildSnow specific writers.See our full disclosures here.

    Backcountry skiing is dangerous. You may be killed or severely injured if you do any form of ski mountaineering, skimo randonnee and randonnée skiing. The information and news on this website is intended only as general information. Due to human error and passing time, the information, text and images contained within this website may be inaccurate, false, or out-of-date. By using, reading or viewing the information provided on this website, you agree to absolve the owners of Wild Snow as well as content contributors of any liability for injuries or losses incurred while using such information. Furthermore, you agree to use any of this website's information, maps, photos, or binding mounting instructions templates at your own risk, and waive Wild Snow owners and contributors of liability for use of said items for ski touring or any other use.

    Switch To Mobile Version