Miner's Timber Rights.
SEC. 56. Miner's Timber Rights. - Any provision of law to the contrary notwithstanding, a claim owner shall have the right to cut trees or timber within his mining claims, subject to the rules and regulations of the Bureau of Forest Development, as may be necessary for the exploration, development, exploitation, utilization or operation of his mining claims: Provided, That if the land covered by such mining claims are already covered by existing timber concessions, the amount of timber needed and the manner of cutting and removal thereof shall be determined by the Director, the claim owner and the timber concessionaire: Provided, further, That in case no agreement can be reached between the claim owner and the timber concessionaire, the matter shall be submitted to the Secretary whose decision shall be final.
The claim owner granted a timber right shall be obligated to perform reforestation work within the mining claims in accordance with regulations of the Bureau of Forest Development.
Miner's Water Rights.
SEC. 57. Miner's Water Rights. - A claim owner shall also have water rights for the development or operation of his mining claims upon application filed with the Director of the Bureau of Public Works in accordance with the existing laws of water and the rules and regulations promulgated thereunder: Provided, That water rights already granted or vested through long use, recognized and acknowledged by the local customs, laws and decisions of courts, shall not thereby be impaired: Provided, further, That the Government reserves the right to regulate water rights and the reasonable and equitable distribution of water supply so as to prevent the monopoly of the use thereof.
Easement Rights.
SEC. 58. Easement Rights. - When mining claims are so situated that for purposes of more convenient exploration, development, exploitation, utilization and operation thereof by the claim owner or lessee, it is necessary to build, construct or install on mining claims or lands owned, occupied or leased by other persons, roads, railroads, mills, waste dumpsites, warehouses and port facilities, tramways, electric transmission, telephone or telegraph lines, aerial transportation thereto or therefrom, dams and their normal flood areas, ditches, canals, pipelines, flumes, cuts, shafts or tunnels to drain or convey water, ore waste, or tailings therefrom, shafts or tunnels for mining purposes, which are hereby declared to be for public purpose, use or benefit, the claim owner or lessee upon payment of just compensation shall be entitled to the right to enter and occupy the said mining claims or land.
Eminent Domain.
SEC. 59. Eminent Domain. - When the claim owner or an occupant or owner of private lands refuses to grant to another claim owner or lessee the right to build, construct or install any of the facilities mentioned in the next preceding section, the claim owner or lessee may prosecute an action for eminent domain under the Rules of Court in the Court of First Instance of the province where the mining claims involved are situated. In the determination of the just compensation due the claim owner or owner or occupant of the land, the court shall appoint at least one duly qualified mining engineer or geologist to be recommended by the Director as one of the commissioners.
