Homesteading Rock: A Defense of Free Access Under the General Mining Law of 1872

Abstract

The Mining Law of 1872 is one of the most reviled federal land laws, regularly drawing attacks as anachronistic, corporate weffare, a relic of pioneer days, and a source of major environmental problems. Born out of the experience of the nineteenth century mineral rushes, the Mining Law allows individuals to

Montana — A Modern Day Paradigm for Collapse?

“…In addition, each state's water law rested on a common law foundation that applied common law rules for protecting environmental property rights." (Morriss et al 2004). Until the passage of federal water quality statutes in 1972, states, communities and regions were responsible for the management of their own water quality and quantity.…”

“…(1997,44) These rights were based on the prior appropriation doctrine. The idea of 'beneficial use' -namely, that a person has a right to withdraw a specific quantity of water, but only if he uses it -evolved as part of that doctrine as the law was codified in state law (for further explanation of this process, see Morriss et al 2004;Anderson and Snyder, 1997).…”