Title 33Navigation and Navigable WatersRelease 119-73

§683 Tax on operation of hydraulic mines; “debris fund”; advances by mine owners; storage for water and use of outlet facilities

Title 33 › Chapter CHAPTER 14— - CALIFORNIA DEBRIS COMMISSION › § 683

Last updated Apr 6, 2026|Official source

Summary

When the California Debris Commission builds dams or reservoirs to catch debris from hydraulic mining and gives someone permission to mine by hydraulic methods, the mine operator must pay a yearly tax for each cubic yard taken from the natural bank. The tax rate is the full cost to build the dam, reservoir, and rights‑of‑way divided by the reservoir’s debris capacity, with those numbers set by the California Debris Commission. The commission sets the payment date. The Secretary of the Treasury makes the rules for payments, and the U.S. Treasurer can receive the money. All payments go into a "debris fund." The commission, under the Chief of Engineers and the Secretary of the Army, uses that fund to repay federal or other advances for building the works and to pay for maintenance. Mine owners may advance money to help build the works, and those advances are refunded as the tax is paid into the debris fund. The United States is not liable to repay except as this rule says. The Secretary of the Army may sell water storage or outlet use from these reservoirs for domestic, irrigation, or power purposes; money from those sales must go to the reservoir project and will reduce the reservoir’s repayable cost.

Full Legal Text

Title 33, §683

Navigation and Navigable Waters — Source: USLM XML via OLRC

Upon the construction by the said commission of dams or other works for the detention of debris from hydraulic mines and the issuing of the order provided for by this chapter to any individual, company, or corporation to work any mine or mines by hydraulic process, the individual, company, or corporation operating thereunder working any mine or mines by hydraulic process, the debris from which flows into or is in whole or in part restrained by such dams or other works erected by said commission, shall pay for each cubic yard mined from the natural bank a tax equal to the total capital cost of the dam, reservoir, and rights-of-way divided by the total capacity of the reservoir for the restraint of debris, as determined in each case by the California Debris Commission, which tax shall be paid annually on a date fixed by said commission and in accordance with regulations to be adopted by the Secretary of the Treasury, and the Treasurer of the United States is authorized to receive the same. All sums of money paid into the Treasury under this section shall be set apart and credited to a fund to be known as the “debris fund”, and shall be expended by said commission under the supervision of the Chief of Engineers and direction of the Secretary of the Army, for repayment of any funds advanced by the Federal Government or other agency for the construction of restraining works and settling reservoirs, and for maintenance: Provided, That said commission is authorized to receive and pay into the Treasury from the owner or owners of mines worked by the hydraulic process, to whom permission may have been granted so to work under the provisions thereof, such money advances as may be offered to aid in the construction of such impounding dams, or other restraining works, or settling reservoirs, or sites thereof, as may be deemed necessary by said commission to protect the navigable channels of said river systems, on condition that all moneys so advanced shall be refunded as the said tax is paid into the said debris fund: And provided further, That in no event shall the Government of the United States be held liable to refund same except as directed by this section. The Secretary of the Army is authorized to enter into contracts to supply storage for water and use of outlet facilities from debris storage reservoirs, for domestic and irrigation purposes and power development upon such conditions of delivery, use, and payment as he may approve: Provided, That the moneys received from such contracts shall be deposited to the credit of the reservoir project from which the water is supplied, and the total capital cost of said reservoir, which is to be repaid by tax on mining operations as provided in this section, shall be reduced in the amount so received.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1938—Act
June 25, 1938, inserted provisions relating to storage for water and use of outlet facilities. 1934—Act
June 19, 1934, substituted an annual tax for each cubic yard mined from the natural bank, based on total capital cost divided by total capacity, for the 3 per centum gross proceeds tax, and required money from debris fund to be expended in repayment of Government advances for

Construction

and maintenance, instead of authorizing the expenditure of such money in addition to appropriations for

Construction

and maintenance.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act
July 26, 1947, ch. 343, title II, 61 Stat. 501. section 205(a) of act
July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Transfer of Functions

California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.

Executive Documents

Transfer of Functions

Pertaining to Air Force For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949.

Reference

Citations & Metadata

Citation

33 U.S.C. § 683

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73