Title 30. Mines and Minerals. WYOMING STATUTES § 30-1. Recording mining claims required; requisites of certificate. -A discoverer of any mineral lead, lode, ledge, or vein shall, within sixty days from the date of discovery, cause such claim to be recorded in the office of the county clerk and ex officio register of deeds of the county within which such claim may exist, by a location certificate which shall contain the following facts: 1. The name of the lode claim; 2. The name or names of the locator or locators; 3. The date of location; 4. The length of the claim along the vein measured each way from the center of the discovery shaft, and the general course of the vein as far as it is known; 5. The amount of surface ground claimed on either side of the center of the discovery shaft or discovery workings; 6. A description of the claim by such designation of natural or fixed object, or if upon ground surveyed by the United States system of land survey, by reference to section or quarter section corners, as shall identify the claim beyond question. (Laws 1888, ch. 40, § 15; 1890-91, ch. 46, § 1; 1895, ch. 108, § 1; R. S. 1899, 2546; C. S. 1910, § 3467; C. S. 1920, § 4390; R. S. 1931, § 70-114; C. S. 1945, 57-914.) § 30-2. Imperfect certificates void.-Any certificate of the location of a lode claim which shall not fully contain all the requirements named in the preceding section [S30-1], together with such other description as shall identify the lode or claim with reasonable certainty, shall be void. (Laws 1888, ch. 40, § 16; R. S. 1899, § 2547: C. S. 1910, § 3468; C. S. 1920, § 4391; R. S. 1931, § 70-115; C. S. 1945, 57-915.) § 30-3. Prerequisites to filing location certificates.-Before the filing of a location certificate in the office of the county clerk and ex officio register of deeds, the discoverer of any lode, vein or fissure shall designate the location thereof as follows: 1. By sinking a shaft upon the discovery lode or fissure to the depth of ten feet from the lowest part of the rim of such shaft at the surface; 2. By posting at the point of discovery, on the surface, a plain sign or notice, containing the name of the lode or claim, the name of the discoverer and locator, and the date of such discovery; 3. By marking the surface boundaries of the claim, which shall be marked by six substantial monuments of stone or posts, hewed or marked on the side or sides, which face is toward the claim, and sunk in the ground, one at each corner, and one at the center of each side line, and when thus marking the boundaries of a claim, if any one or more of such posts or monuments of stone shall fall, by necessity, upon precipitous ground, when the proper placing of it is impracticable or dangerous to life or limb, it shall be lawful to place any such post or monument of stone at the nearest point properly marked to designate its right place; provided, that no right to such lode or claim or its possession or enjoyment, shall be given to any person or persons, unless such person or persons shall discover in said claim mineral bearing rock in place. (Laws 1888, ch. 40, § 17; R. S. 1899, § 254S; C. S. 1910, § 3469; C. S. 1920, § 4392; R. S. 1931, § 70-116; C. S. 1945, § 57-916.) $30-5. Location certificates shall describe but one claim.-No location certificate shall contain more than one claim or location, whether the location be made by one or more locators, and any location certificate that contains upon its face more than one location claim shall be absolutely void, except as to the first location named and described therein, and in case more than one claim or location is described together so that the first one can not be distinguished from the others, the certificate of location shall be void as an entirety. (Laws 1888, ch. 40, § S; R. S. 1899, § 2539; C. S. 1910, § 3460; C. S. 1920, § 4383; R. S. 1931, § 70-107; C. S. 1945, § 57-907.) § 30-6. When open cut equivalent to discovery shaft; drilled hole in lieu of discovery shaft; requirements as to drilled hole.-Any open cut which shall cut the vein ten feet in length, and with face ten feet in height, or any cross-cut tunnel, or tunnel on the vein ten feet in length which shall cut the vein ten feet below the surface, measured from the bottom of such tunnel, shall hold such lode the same as if a discovery shaft were sunk thereon. Provided however, that the discoverer of a mineral deposit may, at his option, in lieu of a discovery shaft, tunnel or pit otherwise required by provisions of law, and for the same purposes, and under the same provisions, drill or cause to be drilled, a hole, or holes, in the manner and under the conditions and requirements hereinafter set forth: 1. The hole or holes shall be not less than 11⁄2 inches in diameter. 2. The said hole or holes shall aggregate at least fifty (50) feet in depth, and no one hole shall be less than ten (10) feet in depth, and in the course thereof, at least one of which shall cut or expose deposits of valuable minerals sufficient in quality to justify a reasonably prudent man in expending money and effort in further exploration or development. 3. The discoverer shall designate one of the holes thus drilled as the discovery hole, in the event that more than one such hole shall have been drilled. The said hole shall be marked by a substantial post or other permanent marker, placed at and adjacent to the hole and within five feet thereof, firmly fixed in the ground, and extending at least thirty inches in height above the ground, and on which shall be placed the name of the claim, the owner thereof, the depth of the hole, and the date of the drilling thereof. If, in drilling such hole or holes, a water-bearing stratum or strata is entered or cut by the drill, then, in such event, the hole shall be plugged back by or on behalf of the discoverers, locator or owner, who drilled the hole, or someone on his behalf, to a point immediately above such water-bearing stratum or strata, placing therein a plugging material or substance which is recognized and adequate to shut off said water-bearing stratum or strata. Within the time allowed by the provisions of 57-918 Wyoming Compiled Statutes, 1945 [§ 30-7], the dis coverer, locator or owner, or someone on his behalf, shall set forth in an affidavit hereinafter provided for, or in a separate affidavit, setting forth the depth said water strata was encountered and the facts of the plugging thereof. The drilling of such hole, or holes, or the sinking of the shaft or making of the discovery pit otherwise provided for in this act [§§ 30-1 to 30-26] shall be made a matter of record by the recording in the office of the county clerk of the county in which the claim shall be situated the affidavit or sworn statement of the discoverer, locator, owner or his or their agents stating the date of such work, the nature thereof, the person or persons by whom performed, the location of such work within the claim, and the nature of the mineral discovered. Such affidavit may be a part of the location certificate to be thereafter recorded in accordance with the provisions of this act. The creation of the rights provided for in this act are based upon the truth of the statements contained in such affidavit or statement and the certificate of location, herein otherwise provided for, and no rights of any kind or nature shall vest or exist or be created or arise when any material statement or representation therein made is false. The owner of any mining claim located prior to the effective date of this act [§§ 30-1 to 30-26] and who has performed discovery work may avail himself of the provisions hereof by making the drill hole or holes herein provided for and filling any discovery cut previously made, and making and placing of record the affidavit herein provided for, together with a statement of the filling of such discovery pit or cut, and that the said work was done and the affidavit made for the purpose of obtaining the benefits of this act. (Laws 1888, ch. 40, § 18; R. S. 1899, § 2549; C. S. 1910, § 3470; C. S. 1920, § 4393; R. S. 1931, § 70-117; C. S. 1945, § 57-917; Laws 1955, ch. 88, § 1.) §30-7. Period allowed for sinking discovery shaft or drilling hole. -The discoverer of any mineral lode or vein in this state shall have the period of sixty days from the date of discovering such lode or vein in which to sink a discovery shaft thereon, or to make the open cut equivalent to such discovery shaft, or to drill the hole or holes hereinbefore provided. (Laws 1888, ch. 40, § 19; 1890-91, ch. 46, § 2; 1895, ch. 108, § 2; R. S. 1899, § 2550; C. S. 1910, § 3471; C. S. 1920, § 4394; R. S. 1931, § 70-118; C. S. 1945, § 57-918; Laws 1955, ch. 88, § 2.) §30-13. Same-Upon contiguous claims. When two or more placer mining claims lie contiguous and are owned by the same person, persons, company or corporation, the yearly expenditure of labor and improvements required on each of such claims may be made upon any one of such contiguous claims if the owner or owners shall thus prefer. (Laws 1888, ch. 40, § 23; R. S. 1899, § 2556; C. S. 1910, § 3477; C. S. 1920, § 4400; R. S. 1931, § 70-124; C. S. 1945, § 57-924.) § 30-14. Same-Effect of failure to perform. Upon failure of the owners to do or have done the assessment work required within the time above stated, such claim or claims upon which such work has not been completed, shall thereafter be open to re-location on or after the first day of July of any year after such labor or improvements should have been done, in the same manner and on the same terms as if no location thereof had ever been made; provided, that the original locators, their heirs, assigns or legal representatives have not resumed work upon such claim or claims after failure, and before any subsequent location has been made. (Laws 1888, ch. 40, § 23; R. S. 1899, § 2558; C. S. 1910, S 3478; C. S. 1920, § 4401; R. S. 1931, § 70-125; C. S. 1945, § 57-925; Laws 1951, ch. 18, § 3.) Quoted in Parker v. Belle Fourche Bentonite Prods. Co., 64 Wyo. 269, 189 P.2d 882 (1948); Scoggin v. Miller, 6 Wyo. 206, 189 P.2d 677 (1948). § 30-15. Same-Affidavit required upon completion.-Upon completion of the required assessment work for any mining claim, the owner or owners or agent of such owner or owners shall cause to be made by some person cognizant of the facts, an affidavit setting forth that the required amount of work was done, which affidavit shall within sixty days of the completion of the work, be filed for record, and shall thereafter be recorded in the office of the county clerk and ex officio register of deeds of the county in which the said claim is located. (Laws 1888, ch. 40, § 23; R. S. 1899, § 2559; Laws 1901, ch. 100, § 3; C. S. 1910, § 3479; C. S. 1920, § 4402; R. S. 1931, § 70-126; C. S. 1945, § 57926.) §30-22. Defrauding, cheating or swindling by "salting," etc.-Any person cr persons who shall defraud, cheat, swindle or deceive any party or parties in relation to any mine or mining property by "salting," or by placing or causing to be placed in any lode, placer or other mine, any genuine metals or material representing genuine minerals, which are designed to cheat and deceive others, for the purpose of gain, whereby others shall be deceived and injured by such, shall be guilty of a felony, and upon conviction thereof shall be fined in a penal sum of not less than fifty dollars, or imprisoned in the penitentiary for not more than three years, or both, in the discretion of the court. (Laws 18S8, ch. 40, § 11: R. S. 1899, § 2542; C. S. 1910, § 3463; C. S. 1920, § 4386; R. S. 1931, § 70-110; C. S. 1945, § 57-910.) 1. This This is a civil action brought originally in the District Court, Seventh Judicial District, Converse County, State of Wyoming, under the Uniform Declaratory Judgment Act of the State of Wyoming, Sections 1-1049 to 1-1064, Wyoming Statutes 1957. After the complaint was filed on December 4, 1970, upon motion by Defendant Roy R. Sturgis (hereinafter referred to as "Sturgis") the action was removed to the United States District Court for the District of Wyoming. 1 24, 1970, Sturgis filed an answer and counterclaim, the latter naming as additional defendants Continental Oil Company (hereinafter referred to as "Conoco"), Natrona Service, Inc., Ray Allemand, Inc. and Ray Allemand (hereinafter referred to as "Allemand"). It was ordered that these named parties be made additional defendants to the counterclaim. Upon motion by Plaintiff John W. MacGuire (hereinafter referred to as "MacGuire"), the Court also ordered that Cotter Corporation and Arthur R. Thayer be made defendants to the complaint. On January 25, 1971, MacGuire served and later filed an amended complaint. Sturgis has filed an answer to the complaint, and Defendants have answered the amended complaint. MacGuire and Additional Defendants have answered the counterclaim. order of the Court, a pretrial conference was had on April 23, 1971. Trial to the Court occurred on May 3, 4 and 5, 1971. claims By 2. MacGuire is the locator of 8 groups of lode uranium called "Lud A" 1 through 102, 102A, 103 -126, 126A, 126B, 126C, 127, 127A, 127B, 127C, 127D, and 128 through 138, "Lud B" 1 through 92, 92A, 93, 93A and 94 through 137, "Art" 1 through 109, 111 through 148, 151 through 171, 173 through 193, 196 through 202, 202A, 203 through 206, 206A, 207, 207A, 208 through 214, 214A, 215 through 265, 265A, 266, 267, 267A, 268 through 272, 272A, 273 through 328, 328A, and 329 through 553, "AW" 1 through 55, 57 through 66, 66A, 67 through 155, 155A, 156, 156A, 157 through 183, 183A, 184, 184A, 185 through 213, 213A, 214, 214A, 215 through 247, 247A, 248, 248A, 249 through 281, 281A, and 282 through 297, "Pete" 3 through 90, 94, 95, 95A, 96, 96A, 97 through 99, 99A, 100, 100A, 101 through 173, 175 through 201, 204 through 254, 257, 258, 258A,and 259 through 268, "Vi" 1 through 47 and 50 through 80, "Mag" 1 through 84 and 86 through 195, and "Mit" 1 through 107 (hereinafter referred to as "the MacGuire claims") in Converse County, Wyoming, located between October 31, 1970 and January 5, 1971. Additional Defendant Natrona Service, Inc. is the alter ego of MacGuire. Conoco has a contract with MacGuire to acquire an interest in the MacGuire claims. Allemand and his alter ego, Allemand, Inc., have an interest in the surface of the lands covered by some of the MacGuire claims. 3. Sturgis is the locator of 5 groups of lode uranium claims called "Bolo" 1 through 67 and 69 through 156, "Como " 1 through 231, "Mate" 1 through 200, "No-Way" 1 through 47, and "Bingo" 1 through 185 (hereinafter referred to as "the Sturgis claims") between October 22, 1970, and November 26, 1970. De fendant Thayer, by contract with Sturgis, has acquired an interest in the Sturgis claims. De fendant Cotter Corporation has a contract with Defendant Thayer to acquire an interest in the Sturgis claims. in Converse County, Wyoming, located 4. At the outset of the trial, Defendant Cotter Corporation, through its local counsel, chose not to appear and defend, and MacGuire's motion for a default judgment against said corporation was granted. 5. The geology of the area covered by the MacGuire and Sturgis claims is low dipping sedimentary strata, cropping out throughout the area, of the Tertiary Wasatch formation. Such strata are fluviatile deposits of lenticular sands, clays and shale, derived from igneous rocks of the mountainous region to the south. 6. MacGuire, prior to filing location certificates for the MacGuire claims, performed all of the work on each of these claims as required by Wyo. Stat. § 30-3 and § 30-9 (1957). Defendants, prior to filing location certificates for the Sturgis claims did not perform all of the work on any of these claims as required by said statutes. In adopting abandoned Kerr-McGee and Humble claims, Defendants neither sunk any new discovery shafts nor deepened any existing discovery shafts 10 feet deeper. |