THE STONY CREEK WATER WARS - Correction of Decree errors, etc.

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
Correction of Decree errors, appointment of Water Master

[A transcription of the document on file in the Angle Archives

Important because it modified the Decree in minor ways and set up confiscation of lands, rights, etc. for nonpayment of assessments, etc.

In straight text without elaborate formatting. Any editorial comments by me are contained within brackets, "[]", which you may delete easily after downloading the "page source" to your own editing software if your browser allows source downloading. ]

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In Equity No. 30. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

IN THE NORTHERN DIVISION OF
THE DISTRICT COURT OF THE
UNITED STATES FOR THE NORTH-
ERN DISTRICT OF CALIFORNIA,
SECOND DIVISION.

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THE UNITED STATES OF AMERICA,

Plaintiff,

vs.

H.C. ANGLE, et al.,

Defendants,
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ORDER RE: APPOINTMENT OF
WATER MASTER, ETC.

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FILED
At ____ o'clock and ____ Min ____ M
APR 15 1930
W.B. Maling, Clerk
By /s/ T.M. Lampert
DEPUTY CLERK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

OLIVER P. MORTON,
Attorney for Plaintiff,
721 Taft Building,
Los Angeles, California.

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[end of cover]

IN THE NORTHERN DIVISION OF THE DISTRICT COURT

OF THE UNITED STATES, IN AND FOR THE NORTHERN DISTRICT

OF CALIFORNIA, SECOND DIVISION
THE UNITED STATES OF AMERICA,

Plaintiff,

vs.

H.C. ANGLE, ET AL.,

Defendant.

IN EQUITY NO. 30

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ORDER APPOINTING WATER MASTER TO CARRY OUT PROVISIONS OF THE DECREE, FIXING HIS COMPENSATION, PROVIDING A FUND FOR THE PAYMENT THEREOF AND APPORTIONING THE COSTS IN THE PREMISES - ALSO FIXING A DATE FOR THE INSTALLATION OF HEAD GATES AND/OR MEASURING DEVICES AND CORRECTING CERTAIN MINOR ERRORS IN DECREE

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This cause came on to be heard on this 14th day of April, 1930, upon the petition of plaintiff, asking that the Court appoint and install a Water Master under the decree, fix his compensation and reimbursement for expenses, provide the manner and method of the payment thereof and for the apportionment of such cost to the parties herein; said petition incidentally relating also to the matter of the installation of head-gates and measuring devices for defendants' ditches, and to the correction of certain minor errors in said decree of a typographical nature; and it appearing of record that due notice was given by plaintiff to defendants and their solicitors (with copy of the petition) that plaintiff would present and ask consideration of said petition at this time, and the Court having

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considered same and being fully advised in the premises, doth find adjudge and order:

I.

That the decree in this cause, adjudging and determining the relative rights of the parties hereto in and to the waters of Stony Creek and its tributaries, was duly made and entered herein on the 13th day of January, 1930, wherein, among other things, it was provided in Article XVI thereof, that a Water Master should be appointed by this Court to carry out and enforce the provisions of said decree, and that the term of employment, expenses and compensation of said Water Master, and of his assistants when required as provided therein, and the payment thereof and the means and method of securing funds from which to pay the same, would be fixed by orders which this Court might thereafter from time to time make; that the irrigation season of the current year for lands accredited with water rights under said decree has recently begun as to certain of said lands and immediately impends as to the others, and it is essential in relation to the orderly administration of said decree that the Court now appoint and install the Water Master provided for therein, and make appropriate provision for his term of employment, expenses and compansation.

II.

That E.T. ERIKSEN, who ably served herein for a considerable period as Water Commissioner pendente lite, being duly qualified as the Court is credibly advised and finds, be appointed, and he is hereby appointed and directed and authorized to act and serve, as Water Master herein, and as such to carry out and enforce the provisions of the decree in this cause and the instructions and order of the Court in that relation, all as provided in said decree and in

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particular in Article XVI thereof.

III.

That said Water Master - after first making and filing with the Clerk his oath that he will support the constitution and laws of the United States, and honestly and faithfully act as and perform the duties of said Water Master in accord with the provisions of said decree and this order to the best of his ability - shall promptly enter upon his duties as such officer, in any event not later than the twenty-fifth day of April, 1930, and for his services as such Water Master his compensation shall be, and is hereby fixed and allowed, at the sum of $250.00 per month, commencing when he enters upon duty as aforesaid and extending, for the current year, through the six months period following his said entry on duty; that the services of such Water Master in subsequent years shall be for such period, presumably gauged in large measure by the irrigation season, as the Court shall by its order then determine; that for the current year, and in addition to the compensation for his services, said Water Master shall be paid the sum of $75.00 per month during the term of his employment, which shall constitute full payment and reimbursment to him for travel, and subsistence when away from headquarters, including necessary gas and oil required for the operation of his automobile and in full of all depreciation thereof; that the compensation of said Water Master and said reimbursement for travel expenses etc. aforesaid, shall be paid by the Clerk of this Court, out of the funds hereinafter provided for, at the end of each calendar month during the term of said employment (payment for part of any month of such compensation and/or expenses being proportionate to the term of service during said month), or as soon thereafter as appropriate vouchers and/or receipts evidencing such service and payment may be prepared, signed and filed.

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IV.

That in order to provide a means and moneys for the above described payments to said Water Master for the year and season of 1930, (with a small margin for contingencies, such as a possible brief extension of the term, delinquencies, etc.) there is hereby created a fund of $2,275.00, and that the same be, and hereby is apportioned to, shall be borne by, and paid to the Clerk of this Court as follows, to-wit:

The sum of $1,234.04 to be paid by the United States of America; one-half thereof on or before the first day of June, 1930, and the balance on or before the first day of August, 1930;

The sum of $112.19 to be paid by the defendant Glenn-Colusa Irrigation District; one-half thereof on or before the first day of June, 1930, and the balance on or before the first day of August, 1930.

The sum of $928.77 (being the necessary balance to make up the total of $2,275.00 aforesaid) by those certain defendants who are accredited with water rights for stated areas in the so-called appropriation schedule of the decree herein (excepting certain areas purchased, with the water rights therefor, by the United States for the purposes of Stony Gorge Reservoir); such payments by said defendants to be in accord with and based upon the following schedule of rates and charges, to-wit:
DEFENDANTS ACCREDITED RATES OF CHARGES: WITH: 4.0 acres and less - - Flat charge of $4.00 each. 4.1 to 10.0 acres - - 70 cents per acre; minimum charge of $5.00; 10.1 to 25.0 acres - - 50 cents per acre; minimum charge of $7.50; 25.1 to 50.0 acres - - 40 cents per acre; minimum charge of $14.00; 50.1 to 100.0 acres - - 35 cents per acre; minimum oharge of $20.00; 100.1 to 500.0 acres - - 30 cents per acre; minimum charge of $37.50 and one-half thereof to be paid on or before the first day of June, 1930, and the balance on or before the first day of August, 1930.

That the names of the individual defendants from whom payments are and will be required under this order, together with the amounts which they are and will be required to be paid by each, are set down and listed in the attached schedule which is marked Exhibit. "A" and made a part hereof.

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V.

That each and all of the various sums above stated and apportioned, to the extent of the various amounts set opposite the respective names of the defendants in said Exhibit "A", together with the above stated charge to the Glenn-Coluaa Irrigation District, are herby ordered and adjudged to be a charge and obligation, taxable and payable as costs in this action the same as if entered in a judgment or decree, and until paid shall be and remain a first lien against all the rights, titles and interests of the above-named defendants, and their successors in interest, in the land, ditches, water and water rights and works owned or claimed by them; that if any of the above-mentioned sums so apportioned be allowed to remain unpaid thirty (30) days after the date prescribed for the payment thereof, attachment for contempt may issue against the party:or parties failing to make such payment, and execution may issue for the recovery, satisfaction or obtaining of such payment against said party or parties and against their rights as accredited to them in the decree herein, titles and interests in lands, ditches, water and works, and other property, whether conveyed after the commencement of this suit or not; and the same may be seized and sold to pay and satisfy said amounts so allowed and remaining unpaid, with costs, the same as in cases for foreclosure of mortgages or liens, or upon judgments in ordinary actions at law or in equity; and the Water Master is hereby authorized and empowered, in the cases of delinquency aforesaid, when advised thereof by the Clerk, to shut off the water of any such delinquent party or parties, such water to remain shut off until such time as payment shall be made, and that the costs of shutting off such water shall also be assessed against such party or parties.

VI.

That while the defendants listed in Exhibit "A" aforesaid are by name listed in the decree as the owners of water rights, there will be some instances of transfers by them to others of such rights

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as a whole or in divided form; that Article XVII of said decree takes account of such contingencies by adjudging that the provisions of said decree shall bind and inure to the benefit of the grantees, assigns, and successors in interest of such owners and parties in the cause, and it is hereby ordered that the taxing and apportionment of the charges set down and described in said Exhibit "A" as well bind and apply to the grantees, assigns and successors in interest of the defendants so named in Exhibit "A", and where transfers have been made by any one of said defendants so as to divide his right or rights and/or lands and convey same in part to one grantee, or in parcels to more than one, the total charge named in Exhibit "A" as applying to said defendant, shall be and is hereby apportioned to conform with such transfer or transfers, in accord with the schedule of rates and charges set out in Article IV hereof; that the unexpended balance of the said fund of $2,2?5.00, if any there be, to-gether [sic] with such small unexpended increments thereof as may result from the subdivision of rights and/or lands and the realignment of charges in accord therewith above provided for, shall be held over by the Clerk and become a part of the fund as ministered by him in the same relation for the succeeding year.

VII.

That Article XVI of the decree at page 177 thereof requires that the owner or owners of each ditch or canal therein authorized to divert water from the natural flow of Stony Creek, or any of its tributaries, for direct conveyance to and irrigation of lands, unless specifically excused by the Court or Water Master, shall at his own expense install and at all times maintain at an appropriate place at or near the head of said ditch a reliable and readily operated regulating head-gate and a measuring box, flume or other device which may be locked and set in position -- same to be approved by the Water

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Master -- so that the water diverted into said ditch or canal at any or all, times may be regulated and measured; that said decree proposes to name a date or period before or within which such structures will be required to be installed but at the same time provides that the Court or Water Master may determine upon a different date (ordinarily a later one presumably) for same, giving due notice to defendants of such determination; that the current annual period is one of more plentiful supply in the Stony Creek watershed than in immediately preceding years, and it seems now apparent that the necessity for the installation of such head-gates and measuring devices will not be so immediate as would have been the case in a dryer year.

WHEREFORE, it is hereby ORDERED that the period for the installation of said structures shall be and is hereby set down as that extending from the date hereof to the 15th day of June, 1930, but that the Water Master is hereby directed to have due regard for said present conditions, and to give such extension of time in the matter of said installations, under and in consonance with the powers conferred upon him in said decree, as will be in accord with the actual and current requirements and conditions of his administration of the rights of the parties under said decree.

VIII.

That certain minor errors of printing, in the use or placement of figures, or the like, which properly may be corrected, have appeared in the decree; that a schedule showing appropriate corrections of said errors, marked Exhibit "B" is attached hereto and made part hereof, and it is ORDRERED AND ADJUDGED that the decree herein shall be corrected and amended in accord therewith, and as well that a printed duplicate of said decree, duly annotated to show said corrections, shall be signed and filed herein under the designation "Corrected Decree".

Done in open Court this 14th day of April, 1930.

/s/ Frank N. Kerrigan [his H looks like an N]
_______________________________________
Judge.

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EXHIBIT A. -

UNITED STATES vs. H.C. ANGLE, Et Al.,

EQUITY No. 30.

SCHEDULE OF AMOUNTS REQUIRED TO BE PAID

BY DEFENDANTS.

YEAR 1930.

______________________________________________________________________________ NAME: ACREAGE: AMOUNT REQUIRED TO BE PAID: ______________________________________________________________________________ Adams, John M. 8.7 $ 6.09 Bedford, M.D. 12.1 7.50 Bickford, O.F. 12.0 7.50 Blevins, H.E. & Mallon, J.F. 5.0 5.00 Brittian, Harry N. 4.0 4.00 Brittian, J.O. 22.0 11.00 Brown, Alex. 240.3 72.09 Chastain, Henry, 42.4 16.96 Conklin, A., M.L. & Wells 10.0 7.00 Cushman, L.R. 20.0 10.00 Deifenbach, J. 4.5 5.00 Edwards, J.T. 17.5 8.75 Edwards, J.W. 21.0 10.50 Ellis, Geo. C. 25.5 14.00 Fairlee, Thos. 12.4 7.50 Fender, Dora A. 10.2 7.50 Forman, W.F. 45.0 18.00 Fouts Springs Co. (% C.H.Glenn) 93.2 32.62 Foutch, W.J. 5.0 5.00 Green, Carl 14.5 7.50 Green, S.N. 17.6 8.80 Griffith, Laura Bell & Sutliffs 220.0 66.00 [page break] ______________________________________________________________________________ NAME: ACREAGE: AMOUNT REQUIRED TO BE PAID: ______________________________________________________________________________ Harbison, John 5.0 5.00 Harman, James, 35.6 14.24 Hineline, S.A. 6.2 5.00 Hunter, Edgar 8.9 6.23 Johannsen, John O. & Wiebeke 5.2 5.00 Kaerth, E.C. 6.5 5.00 Kennedy. J.R. & R.P. 1.5 4.00 Kesselring, F.M. & Annie M. 308.9 92.67 Kimel, Lucy 6.9 5.00 Knight, J.E.` 48.3 19.32 Lewis, Geo.W. & Frank W. 200.0 60.00 Lovelace, C.W. 15.3 7.65 Lovelady, W.J., T.F. & Annie E. 86.3 30.21 Lovelady, Annie E.. 5.5 5.00 Lucas, Ellen 7.0 5.00 Mann, L.E. 25.0 12.50 Markham, G.W. 5.0 5.00 Masterson, Mrs. D.H.,F.P. & J.K. 14.0 7.50 McGahan, Edith, Administratrix 20.0 10.00 Mlllsaps, J.W. 15.0 7.50 Morris, W.A. 8.0 5.60 Mulford, Perry 1.0 4.00 Niesen, Wm. 4.5 5.00 0'Leary, Mary 27.7 14.00 O'Leary, Tim 5.0 5.00 Paine, S.F. 38.2 15.28 Pearson, Chas. E. 70.2 24.57 Phelps, E.C. 4.4 5.00 Provence, Harvey E. 43.7 17.47 -2- ______________________________________________________________________________ NAME: ACREAGE: AMOUNT REQUIRED TO BE PAID: ______________________________________________________________________________ Ray, D.P. 5.0 5.00 Retzloff, Geo. & Emma 15.0 7.50 Ridley, Chas. H. 57.6 20.16 Robertson, I.L. 15.0 7.50 Rowecroft, Robt. 16.0 8.00 Smith, E.E. 5.4 5.00 Soeth, John H. 28.0 14.00 Stites, J.F. 11.0 7.50 Stites, Rufus O, 3.3 4.00 Stites, W.H. 16.0 8.00 Stonyford Catholic Church 1.6 4.00 Studybaker, C.B. 15.0 7.50 Triplett, Abe L. 74.9 26.21 Troxel, Frank W. & Jessie E. 22.1 11.05 Wakefield, A.P. & Whalley, Frank 53.8 20.00 Welton, A.T. 43.7 17.48 Werth, Henry & Mary E. 0.5 4.00 Wood, F.C. 8.3 5.81 _______ _______ TOTAL - 2,283.9 $928.77 -3-

EXHIBIT B.

Correct arrangement of figures applying to the right of Alex. Brown Appropriation Schedule, page 124 of the Decree, as follows:

Under LAND FOR WHICH RIGHT ACQUIRED:
Move figure "53.2" and the word "Total" opposite thereto so that it precedes the figure "2.5" and designation "NESE, etc."

Correct data and figures applying to the right of Henry Chastain, Appropriation Schedule, page 124 of the Decree, as follows:

Under LAND FOR WHICH RIGHT ACQUIRED:
Substitute figures "11.4" and. "8.6" for figures "15.0" and "5.0" respectively in 'Acres� column.

Correct data and figures applying to right of John M. Adams, Appropriation Schedule, page 126 of the Decree, as follows:

Under POINT OF DIVERSION:
Substitute "NESW" for "SWSE".
Under LAND FOR WHICH RIGHT ACQUIRED:
Eliminate figures "8.7", "7.6", and "1.1" in, 'Acres' column, and the word "Total" in next column. Introduce the figure "6.5" in said 'Acres' column.
Under 'Location' substitute "SWNE" for "NWSE".
Eliminate designation "SWSE" and figures "16", "16", and "7" in columns following same.
Under DIVERSION RIGHT:
Substitute figure "40" for the figure "54" as total for irrigation season in acre feet.

Substitute figure ".17" for figure ".22" as total flow in cubic feet per second for month of maximum use.

Add data and figures under the nnme of John M. Adams, Appropriation Schedule, page 126 of the Decree, across the page, as follows:

Date of Priority April 15, 1893 Name of Stream Trib. of Trout Cr. Ditch Adams Point of Diversion Right and left, NWSE, 16, 16, 7, in that order in the 5 Columns under Said heading.

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Land for which right Acquired 2.2, NWSE, 16, 16, 7, Colusa, in that order in the 6 columns under said heading. Requirement at land for irrigation season in acre feet per acre 5.0 Conveyance loss in percent of diversion 20 Diversion Right 6.25, 14, 1.55, 1/39, .05, in that order in the 5 columns under said heading.

Correct data and figures applying to the right of E.E. Smith, Appropriation Schedule, page 126 of the Decree, as follows:

Under LAND FOR WHICH RIGHT ACQUIRED:
Add following under figure "5.4";
2.8 opposite SENW
1.5 opposite NESW
1.1 opposite SESW

Correct data and figures applying to right of Stonyford Catholic Church, Appropriation Schedule, page 132 of the Decree, as follows:

Under DIVERSION RIGHT:
Substitute figure ".94" for figure ".74" to indicate acre feet per acre for month of maximum use.

Correct data and figures applying to the right of John M. Adams, Riparian Schedule, page 161 of the Decree, as follows:

Under DESCRIPTION OF LANDS:
Substitute the figure "5.4" for the figure "7.6" in 'Irrigation' column.

Move figure "1.1" in 'Not Irrigated' column so that it is opposite the figure "5.4" aforesaid and designation "SWNE".

Introduce figure "2.2" in 'Irrigated' column opposite designation "NWSE".

Correct data and figures applying to the right of Marguerita Williams Welch, Riparian Schedule, page 165 of the decree, as follows:

Under DESCRIPTION OF LANDS:
Eliminate figure "9.0" from the 'Irrigated' Column and introduce the same figure into the 'Not Irrigated' Column.

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--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com