TITLE 47

MINES AND MINING

CHAPTER 10

MINING TUNNELS

47-1002.  Owner of intersected claim may inspect tunnel. Each tunnel or crosscut may be driven and worked for the purpose of drainage and for the purpose of reaching and working mining ground of the tunnel owner beyond the intersected claim. The owner or owners of any vein or any claim or claims so intersected, or his duly authorized agent, shall have the right to enter such tunnel upon application to the owner or owners or person in charge of said tunnel, without resorting to any process of law, for the purpose of making a survey and inspecting such vein or veins as may be crossed within the boundary lines of such intersected claim, and if the owner or owners of such tunnel shall, by bulkheading, damming back, or in any manner prevent the inspection or survey herein provided for, or if such owner or owners shall in any manner prevent the natural drainage of water from such intersected claim or claims without the consent of the owner or owners thereof, it shall work a forfeiture of all rights granted under the preceding section.

History:

[(47-1002) 1899, p. 442, sec. 2; reen. R.C. & C.L., sec. 3237; C.S., sec. 5551; I.C.A., sec. 46-902.]