August 9, 2022 

Water and Arsenic: which came first?


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 By Michael Miller

01/05/2011  4:54PM

In the last newsletter # 53 on December 3, 2010, I mistakenly called the upcoming motion by the Attorney General on behalf of the water agency a “summary judgment”. The pending motion is a summary adjudication and is explained in the following civil code. The newsletter is posted under ‘NEWSLETTERS’ if you want to refresh your memory.

Grounds for and effect of summary adjudication; procedure on motion.

Par. 437c(f)(1) A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause or action, an affirmative defense, a claim for damages, or an issue of duty.

(2) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. However, a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.
 By Rick

01/03/2011  10:53AM

Still on track....

This was always a rhetorical question, of course, to point out that arsenic and water were both around before the Water Board, CDAA and other criminal intents began their systematic attack on free enterprise and freedom, specifically targeting the Original Sixteen to One Mine and also Mike Miller personally by suggesting that somehow the mine and its CEO predated the natural deposits in the Sierra Nevada.

The answer is, by the way, arsenic. As the elements reset their new terrestrial atomic clocks through the differentiation of the planet, water arrived via asteroid and the subsequent chemical reactions to follow. (Incidentally, some comets emit arsenic in mass ejections.)

This, though, seems to have escaped the thugs...which of course makes sense to them, since facts are meerly a distraction when neo-communism and Marxism must prevail... (remember that distruction of history, historical facts and destruction of freedom are right up there at the top of their manifesto.)
 By Tommyknocker

01/02/2011  3:55PM

Sorry, we got off track...
Which came first, arsenic or water

Is it possible to know the answer to that? Maybe from a Geologists or Chemists point of view?
 By Tommyknocker

01/01/2011  6:46PM

On a side note to the other part of your last post...I am a weights & measures inspector for a Cen/Cal county & have much contact with "new" citizen business owners in my area like you described. Lets just say I see a lot of them at our local Tea Party gatherings...They are mostly hard working people that have jumped through uncountable hoops to achieve their dreams in America (most are legal residents/citizens) and are now absolutely buried by "fees and permits/costs...they don't get it! They are also the object of extreme racism from other "minorities".
 By Tommyknocker

01/01/2011  6:38PM

Thanks Rick & happy New Year!
I am a prolific letter writer and am good at it. I started when the Ca. Fish & Shame did their EIR for suction dredging back in 1994. Suction dredging used to be my passion (along w/Ca. history) but now it is standing up and fighting for our freedom! I will read the newsletter from Mike again then I'll have some righteous stuff to write to some bureaucrats.
 By Michael Miller

12/31/2010  12:35PM

Newsletter #53 is now available to read in full context. The prior posting cut off four pages. Thanks to a reader in Hawaii for bringing this to our attention. To see, go to index on left side of home page:Newsletters.
 By Rick

12/30/2010  5:21PM

TommyK...welcome aboard, and you've hit it on the head of the nail. Our focus is what the hell do we do about it!!!

You posting here is a start. We need to step it up and use everything we can...we are in survival mode.

I'm passing along all I can to every place that will listen. I implore you to do all you can cyber-link-wise, email-wise, word-of-mouth-wise, contact-Congress-wise, ALL we can muster.

This is not an exclusive issue to the Original Sixteen to One Mine. Although I am closely passioned to this particular outrage.

Yesterday I stopped for gasoline at a local stop. Yes, and ethnic owner, like me, although my heritage is highland Scott and his is middle-eastern; we exchanged similar outrages while exchanging commerce:

Me: "I guess the price of fuel is rising."

him: "You cannot believe it, how difficult it is today to simply do business. Just a year ago, all I needed was to buy a lisence to run a business, a simple gasoline station, paying a tax to make a business, which was what we are willing to do. Now I can't believe it!! @$#%^#!!!

"A tax for the gasoline. But now we are talking PERMITS, and when did this become a form of tax???

"Two years ago it was a single permit for the permission to operate a business with gasoline. Now we need to pay for new permits? Why? This is the same operation, and they ask for new permits? A permit for gasoline....a permit for cigarettes...a permit for beer...a permit for food...a permit for underground tanks...a permit for a permit!!! We are being taxed on tax!!!"

Somehow we all need to figure out a way to STOP THIS CRAP!

It may take me, a white guy with a passion for my country, along with a middle-eastern new immigrant gas-station-owning business to stand outside with a huge sign so that the "news" makes a drive-by mention of it; or it may take our Tea Party voices; or it may take a revolution, but I know it will take something.

The boiling point is here.

This Mine, and Mike at it's helm, is one of our focal points. Time to get out of our shells and be heard. Let's stategize and get busy.
 By Tommyknocker

12/29/2010  9:29PM

Howdy all,
Just signed on today but have been watching this tragedy unfold for many years, I am a former resident of Grass Valley (1978-1989). I will support the mine in any way I can. I think we all know that this is not about arsenic, salmon or the blunt nosed leopard lizard. It's about control and money (extortion). No amount of good science or even constitutional law will stop these people in government from pursuing their Marxist agenda. So, which came first,water or arsenic? It doesn't matter to them!
 By Michael Miller

12/22/2010  2:25PM


A Case Management Conference was held in Superior Court in Sierra County yesterday at 1:30pm. On the telephone were Deputy Attorney General Jeff Reusch and Original Sixteen to One attorney, Klaus Kolb. These conferences are required to keep the court informed of progress between the parties. The next one is scheduled for March 25, 2011 at 8:30am.

This conference has been in my mind since the last conference held in September. First, we discussed the California Department of Conservation lawsuit against the company. In September Deputy Reusch and two staff from Sacramento examined the property in Alleghany, took measurements and were to prepare a map of what they observed as “human disturbance”. When the map is prepared, I am to receive a copy to remove areas that do not fall under the Surface Mining And Reclamation Act (SMARA). We have annually reported that no area is subjected to SMARA regulations.

California’s Water Board lawsuit was the next topic. Deputy Reusch said he would file a “summary adjudication “ motion in January. The plaintiff believes that settlement in not an option. Klaus spoke about his attempts to discuss settlement options and said there is some disagreement about the position of the Central Water Board staff. Since I am also named personally as a defendant in the water lawsuit, the Judge asked me if I had comments. Following are my written remarks. I add some spontaneous thoughts during its reading.

“Your Honor, the last appearance we three made in your courtroom resulted in a discussion in your chambers. Mr. Reusch, Klaus Kolb and I were present because of another lawsuit filed on behalf of the People of California initiated by the Department of Conservation. The meeting helped us work together to either reach a settlement or clarify issues, which in the long run will reduce court time. I believe a similar gathering in your chambers may help the opposing parties reach a settlement in this case.

“I recently phoned the Deputy AG and asked for such a meeting. He declined citing his belief and the water agency belief that their case is a slam-dunk. Even if there were interest, legislation forbids any compromise. A serious problem with this belief is the apparent lack of identifying how and most importantly who is driving this action. By ordering a representative from the water agency to come to your chambers accomplishes several things: it streamlines discovery, it identifies accountability, and it identifies responsibilities. While the plaintiff proclaims damages and its inability to talk about compromises due to the “law” or “legislative statutes”, others disagree.

“This lawsuit threatens the very life of defendant, Original Sixteen to One Mine, Inc. Many people are adversely affected right now. The very existence of this lawsuit is causing irreparable damage in that this public company cannot attract working capital to operate.

“A prolonged legal battle is not in defendants’ interest. I must add that is not in the plaintiff’s best interest as well. While the lead agency is the Central Valley Regional Water Board, the lawsuit is initiated on behalf of the People of California. My belief is that the Attorney General of California either does not have adequate information from the water agency staff or he has misinterpreted the data in his possession.”

Unfortunately, the judge denied my request. I wanted to make a record of my repeated attempts to reinstate the policy of due process and avoid a costly and unnecessary trial. This was accomplished. The water agency staff has side stepped due process by filing a lawsuit without setting a public administrative hearing. When all is said and aired, the wrong doer will shift to people who work as public servants in the water agency or even in another public agency.

Mr. Reusch corrected one of my statements. He said his agency never really characterized the concept of mandatory legislation that forbids settlement as a “slam-dunk”. If a battle like this one were not so serious and I had time and money on my side, this would be a whole lot of fun. I doubt that any business operating in California has not had experiences with state agents who failed to exercise their fiduciary duty and responsibility to the people of the great state of California. I have had more than my share.
 By Rick

12/22/2010  12:09PM

I just heard a leading news item regarding misallocation of "stimulous" money within the State of CA....yup, first on the list was California Water Resources Board.
..3x the allocation amount of money was used to "create jobs"....

Mike, we need to look further into this one! First, it may have direct effect on the amount of $ used to pursue their adjenda; second, most obviously, has illegal funding been used to harass the mine???
 By Michael Miller

12/21/2010  11:16AM

Newsletter #53 did not get posted yesterday. Today unlikely due to short office crew.
 By Michael Miller

12/20/2010  1:15PM

Company federal and state taxes were filed last week. No money was due as our operation was not profitable. My father never complained about paying an income tax because it meant his work was profitable, which is what a businessman works toward. I concur. The Sixteen to One is a great place to work when the mine is profitable.

Taxes are a vital part of the operation of our country. All Californians (well almost all except some bureaucrats in state, county or federal offices) must be well aware that our state is in epic financial trouble. The major reason is poor cash flow and even poorer cost benefit management from our many public servants. Following is one reason Californians face a “quality-of-life” crisis.

When I went to the Alleghany post office to put postage on the tax forms to the federal IRS and the state board of equalization, I asked Bernice, the postmaster, to weight both envelopes. The federal tax forms weighed in at 3.6 ounces. The California tax forms weighed in at 9.3 ounces. How did this happen and what shall the beneficiaries of California’s governments do about the massive intrusion of paper work they injected into our lives?

I’m not against paying taxes to California’s’ public agencies and servants for reasonable expenses; however, our state lost its long time motto of “fair, just and equitable”. Its management is out of touch and unreasonable in administering its duty. For example; our mine is an underground mine, not a surface mine; gold is money and is not taxable; the water seeping through our property in Alleghany is beyond reasonable control; our ore processing does not produce waste. Yet our company is being taxed or fee driven into poverty.

To gain additional perspective on what is making California “not tick”, please read the recent newsletter to shareholders that you will find under NEWSLETTERS. If you have time, read the earlier letters as well. Unreasonable government intervention against this venerable gold mining company is close to prosecution or extortion. To some extortion has become a fact.

Hmm, postage for completed tax paperwork: federal 3.6 ounces and state 9.3 ounces. Please fix this Governor Elect Jerry Brown.
 By bluejay

12/19/2010  6:33PM

We need Jesse Ventura from Conspiracy Theory to do a report on the Water Board. Jesse does excellent reporting. Just check out his lates on TrueTV.
 By Rick

12/17/2010  5:46PM

What is the "damage" they seek? ...and I don't mean in monitary terms....I mean, what has been damaged?

WHAT has been damaged????

Can they show a comprehensive history of the water in and around the Allegany Mining District, and what about prior to that? Was is damaged before man showed up? Right afterward? Or as soon as $$ made them look?

What grounds do they base their born-yesterday claims upon? When did history start for them, when they were born, or when they were appointed?

Can they show evidence that anything has been harmed? And if so, when did it happen? Did it happen 200 years ago? 2000 years ago? 30 years ago before Mike Miller began mining in the area? Or did it begin when drool began from their chins?

It's my understanding that actual physical damage has to be proven in order to obtain a summary (or trial) judgement in any lawsuit....what damage? WHAT DAMAGE????

Whoever is behind this, (ahem) do you really want to go into the record as attemptng to steal private assets? Do you really want to go on record as attempting to fabricate evidence, ONCE AGAIN, in the name of a farce?

The only damage I see is the onslaught from the Water Board (what an insult that title is to water, by the way) onslaught that has $$$ signs in their heads rather than a rational thought.
 By Rockroby

12/08/2010  6:03PM

These people are not doing this because of arsenic in the water,it's about money and revenge.
My check is on it's way,am talking to others and faxing Mr. Millers letter to others who might be able to help.
Try to talk to some of the other miners in California and Nevada and see if they might be willing to help for a piece of the pie.Talk to Sutter,Atna,New Gold or one of the many miners in Nevada if they will front some money for say 10% of production for ten years.
These lowlifes who just take and take will soon have no one left to take from.
I wish you all the best of luck fighting these thugs,wish I could send more.
 By martin newkom

12/08/2010  4:31PM

Dr. Savage told of a creature in
Mono Lake that thrives on arsenic
and selineum, from the area or water. Both are in the periodic
table of elements, I'm told.
Mono Lake is also like another
Dead Sea.
 By Michael Miller

12/08/2010  11:03AM

Answer to question below: arsenic.

It is probable that all the elements comprising the planet earth arrive at the same geologic time. Some made water. Some made carrots and some made humans.
 By Rick

12/07/2010  8:37PM

Curious: nobody has ever answered the question posed in this Topic header.

Which came first? Arsenic or water?
 By martin newkom

12/07/2010  11:12AM

Sunday I heard there is a recent
study on arsenic. May be some
medical people have determined
that the human body requires some
amounts of arsenic to be able to
function,ie body cells depend on
portions of arsenic or the sys-
tem can't function. This arsenic
blowup could be a fraud like
global warming. I don't recall
the source of the info. It may
have been Dr.Oz or Dr. Rosenfeld.
 By Rick

12/06/2010  5:02PM

Today I received an important letter from the Original Sixteen to One Mine, written from Mike Miller, an appeal to all of us to contribute to the absolute necessity of maintaining our freedom. This is a crucial cornerstone and I will help as much as I can.

For about 12 years now I've been writing here considering the absolute sham being leveled against this free enterprise company. It is a travesty that simply due to the nature of the busines...mining...that OAu has been selectively targeted. Now is a critical time to read all the postings here, all relative to the legal procedings that no doubt will prevail.

Since truth is the only thing I need to remember, I know it works every time. I willingly stand up for this mine.

Okay. Today's essential thought regarding the legal challenge regarding ambient arsenic occurence in the Allegany Mining District, ambient levels in Kanaka Creek as well:

"What possible environmental mitigation does the CRWQCB plan, if it actually secures millions of dollars in damages?" ...incidentally, for nothing....

Is the CRWQCB actually planning on spending the wish-list $$$-winnings to change the natural occurence of ambient levels of arsenic in the entire Sierra Nevada, let alone upstream from the Sixteen to One Mine?

Think this through....there is no plan. It's EXTORTION!

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