In no case shall any person be allowed to flood the property of another person with water, or wash down the tailings of his sluice upon the claim or property of other persons, but it is the duty of every miner to take care of his own tailings, upon his own property, or become responsible for all damages that may arise therefrom.
Source: R.S. p. 466, § 8. G.L. § 1804. G.S. § 2393. R.S. 08: § 4214. C.L. § 3296. CSA: C. 110, § 186. CRS 53: § 92-24-3. C.R.S. 1963: § 92-24-3.
ANNOTATION
This section would appear to create liability without fault arising from pollution of stream with mine tailings, whereby damage is suffered by another. Freel v. Ozark-Mahoning Co., 208 F. Supp. 93 (D. Colo. 1962).
Under this section a miner must take care of his tailings on his own property, and evidence of a custom of miners to dump their tailings upon their own grounds, and let them take care of themselves, is insufficient to prevent the issuing of an injunction against the washing down of tailings on plaintiff's claim, where the consent of plaintiff to the acts complained of is not shown. Fuller v. Swan River Placer Mining Co., 12 Colo. 12, 19 P. 836 (1888).
Joint liability for pollution. Where two or more defendants contribute to the pollution of waters of a natural stream, each is responsible for the entire resulting damage even though its separate act might not have caused injury. Wilmore v. Chain O'Mines, Inc., 96 Colo. 319, 44 P.2d 1024 (1934).
Operators of ore reduction mills have no right to pollute waters of natural stream by dumping mill tailings therein to the injury of others using water below their point of operation. Humphreys Tunnel & Mining Co. v. Frank, 46 Colo. 524, 105 P. 1093 (1909); Wilmore v. Chain O'Mines, Inc., 96 Colo. 319, 44 P.2d 1024 (1934); Slide Mines, Inc. v. Left Hand Ditch Co., 102 Colo. 69, 77 P.2d 125 (1938).
Applied in Fuller v. Swan River Placer Mining Co., 12 Colo. 12, 19 P. 836 (1888).