ABSTRACT
No single issue arising out of the Mining Law has provoked more discussion than that of what constitutes a discovery of valuable mineral deposits. The concept of discover has been described as the sine qua non for establishing the validity of a mining claim, 1 and the most crucial element in protecting claims against incursion by others—in short, the linchpin of the Mining Law. 2 Judge Lindley put it this way: "[I]n the mining law of all civilized countries the great consideration for granting mines to individuals is discovery." 3 For when a valuable mineral deposit has been discovered the claimant gains a property interest protected against all others, including, especially, the federal government.
