State Boundary Conundrum

Sometime during 1868-1869, GLO Surveyor D.G. Major ran a portion of the 42nd parallel of latitude betwixt Oregon and California, constructing mounds of stone at Post-Mile stations. Between 132M and 132M 76 1/2 CH., Major set a mound of stone witness point on line at approximately 132M 59.9 CH. In May of 1916, Fred W. Rodolf resurveys the California-Oregon boundary, setting 3” iron pipes and GLO brass caps at Major’s mounds of stone. Rodolf makes no mention of Major’s witness point and blows right past it. Rodolf's survey was for the purpose of "Properly closing fractional sections on the State Boundary Line and restoring all lost and obliterated corners... in accordance with the original survey..."

In August of 2009, The Jackson County (OR) Surveyor recovered and perpetuates Major’s witness point, creating a 13 minute angle point in the state boundary. In July 2013, a private surveyor runs the line for an adjacent land owner. He finds the Jackson County Surveyor’s perpetuation of Major’s mound of stone, notes it on his survey, but disregards it in his determination of the line. Previous to the Jackson County Surveyor finding Major’s witness point, all surveys after Rodolf’s resurvey respected the GLO brass caps and determined no other angle points in the boundary (most of these surveys being on the California side of things).

If one were to disregard Major’s witness point, The mound of stone falls 3.33 feet (per 2013 survey) North of the line. If one runs the line through Major’s witness point, it slightly alters the line for over 5,000 feet. The nature of title is private ownership on each side of the line.

My questions are:

Do any of the parties involved, Jackson County, Siskiyou County and or private surveyors have any authority to be in conflict with Rodolf’s 1916 resurvey?

What obligation do I have other than noting what was found/measured during the performance of my survey? Do I yield to Major’s witness point?

According to the 2009 Manual of Instructions:

Witness Points
6-29. A witness point is a monumented station on the
line of a survey employed to perpetuate an important
location without special relationship to any regular corner,
except that the distance is known. It is a point of
the original survey. It is treated just as is a recovered
corner. By rule, a witness point is an artificial line tree.
It is monumented or referenced, and becomes an angle
point of the line. It properly is used as a control point
in the reestablishment of lost corners by the appropriate
method of proportionate measurement. Typically,
acreage is not returned to the witness point on the plat.
The witness point is used for section alinement and as
a control point in the establishment of minor subdivision
corners. The position of a recovered witness point
is perpetuated. The point for a lost witness point is
determined by single proportionate measurement and is
called for in the field notes but may not be monumented
(see section 4-18).

State Boundary Monuments
6-31. The BLM has no general authority to survey
or resurvey State boundaries. However, the BLM does
have general authority to survey or resurvey Federal
interest lands that are adjacent to or abut State boundaries.
The retracement and resurvey of State boundaries
are authorized to the extent necessary to provide control
for the survey or resurvey of the adjacent lands for the
identification of the Federal interest lands. This includes
the reestablishment and remonumentation of mile posts
on State boundaries and the establishment and monumentation
of corners of minimum control along State
boundaries. The corners of township, range, section, and
subdivision-of-section lines that intersect State boundaries
are established as corners of minimum control.
The resurvey of a State boundary may be made under
direction of the Supreme Court or may be authorized
by the States involved with the consent of Congress.
In connection with the survey or resurvey of adjacent
Federal interest lands, it is proper to retrace as much
of the State boundary as may be needed for a suitable
closing. Identified original State boundary corners may
properly be remonumented and corners of minimum
control may be established and monumented. Lost corners
should not be remonumented unless this is specifically
sanctioned by appropriate authority. The original
survey of certain State boundaries was executed under
the former General Land Office (GLO) when specifically
authorized by act of Congress.

6-32. Prior to any survey of a State boundary, the
affected State governments will be notified. In addition
and prior to any retracement or resurvey of a State
boundary, a study of the history of the boundary should
disclose whether:
(1) The State boundary was surveyed prior
to the public land survey system and the latter
closed upon the boundary;
(2) The public land survey system was surveyed
prior to the State boundary line survey; or
(3) An existing public land survey system line
was adopted as the State boundary and mile
posts were subsequently established.