ELR Citation: ELR 20559
No(s). 72-1866 GBH (N.D. Cal. Oct 30, 1973)

The reservation of "all the coal and other minerals" to the federal government in a land patent issued under the Stock Raising Homestead Act of 1916 did not include geothermal resources. After examining the statute's legislative history, the court determines that the intent of Congress was to reserve only locatable minerals. Since the superheated water which constitutes geothermal steam was not considered a locatable mineral at the time of the act's passage, it was not reserved. The court also notes that a 1961 Opinion of the Solicitor of the Department of the Interior gives great weight to the position that geothermal steam is still not a locatable mineral within the meaning of the mining laws.

Counsel for Plaintiff
James L. Browning Jr., U.S. Attorney
David E. Golay, Asst. U.S. Attorney
Federal Building
450 Golden Gate Avenue
San Francisco, CA 94102

Counsel for Defendants
Gregory A. Harrison
Atherton Phelger
David J. Wynne
Brobeck, Harrison & Phelger
One Eleven Sutter Street
San Francisco, CA 94104