THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
Motion to Require Special Master to show cause why he should not return his report to the court
[A transcription of the document on file in the Angle Archives
Important because the shows the Government's efforts to force a decree in the
Angle case before the California Supreme Court ruled on Herminghaus
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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[Blue 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,
-v-
H.C. ANGLE, et al.,
Defendants.
In Equity No. 30
MOTION FOR ORDER
FILED
____O'clock and____Mns____M
OCT 13 1925
WALTER B. MALING, Clerk
/s/ T?.M. Lampert
DEPUTY CLERK
HAROLD BAXTER
Special Assistant to the Attorney
General of the United States
220 Fleming Building, Phoenix, Arizona.
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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,
-v-
H.C. ANGLE, et al.,
Defendants.
In Equity No. 30
MOTION FOR ORDER
Comes now the plaintiff by its undersigned attorney and moves the court
for an order of citation requiring the Special Master in Chancery, duly
appointed herein, to-wit: the Honorable George E. McCutchen, to appear
and show cause why he should not return forthwith into the office of the
clerk of the above named court his Master’s Report in form and in substance
the same as the Report of Special Master hereto annexed and made part hereof,
to the end that the same may be by said clerk entered in the Equity Docket,
certifying to the court the reason for delay.
This Motion is based upon the pleadings and files of said cause, the laws
of the United States, the Rules of Practice in Equity of this Court to-wit:
paragraphs 60, 61, 62 and 66, and the affidavit of Harold Baxter, Special
Assistant to the Attoney General, hereto annexed, and made a part hereof.
Dated October 10, 1925.
/s/ Harold Baxter
HAROLD BAXTER
------------------------------------
Special Assistant to the Attorney
General
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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,
-v-
H.C. ANGLE, et al.,
Defendants.
In Equity No. 30
REPORT OF SPECIAL MASTER
IN CHANCERY
This cause having come on regularly to be heard upon the amended complaint
of the Plaintiff and upon the Pleas and Answers of various defendants
herein, and upon the default in appearing and answering of certain
defendants, the Plaintiff appearing herein by Oliver P. Morton, Esq.,
John F. Truesdell, Esq. and Harold Baxter, Esq., as special assistants to
The Attorney General, its solicitors and various defendants by their
respective counsel, before the Honorable George E. McCutchen, the duly
appointed, qualified and acting Special Master in Chancery and the said
Special Master having examined the record, having heard the evidence and
the proofs, and having duly considered the same and being fully advised in
the premises, herewith submits to the court his report and his
recommendations thereon, finding the following facts and making the
following conclusions of law:
FINDINGS OF FACT
This is an equity suit by the plaintiff, The UnIted States of America,
instituted by direction of the Attorney General to determine and adjudicate
rights to the waters of Stony Creek and its tributaries to protect the
storage and diversion rights of the Orland Project, constructed and operated
under the provisions of the Reclamation Act of June 17, 1902, (32 Stat.388)
and Acts of Congress amendatory thereof and supplementary thereto, for the
following purposes, among others, to-wit: generating
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power and electricity, storage, supplying the people of cities and towns,
irrigation, domestic and other purposes; that the lands designated by the
Secretary of the Interior as entitled to the benefits of the said Project,
aggregating 20,755 acres, more or less, and being located and situate in
Glenn County in said district depend upon said Project for their supply of
water for said purposes. Original complaint to enjoin certain of the
defendants herein from unlawfully diverting stored waters of said project
was filed in this court on May 28, 1918, and application for summary relief
was heard by the court on June 10, 1918, at which time a preliminary
injunction was duly granted to plaintiff and a Water Commissioner was duly
appointed by the Court, with powers and duties to control said water supply.
Thereafter and on the 3rd day of April, 1919, an amended complaint was filed
by plaintiff and thereafter and on to-wit: October 4, 1919, April 28, 1921
and March 31, 1922, orders were duly made and entered by the court, by the
service of which and by voluntary appearance, the following named parties
defendant have been duly served with process or voluntarily appeared or
answered as defendants in said cause, to-wit: John M. Adams, John Francis
Ahern, A. Alexander, Chas. Alexander, H.C. Angle, A.M. Anderson,
V.V. Apperson, administrator of the estate of John O. Apperson, deceased,
T.H. Atkins, J.E. Ayer, F. Bagetela, J.L. Baird, Bank of Willows, a
corporation, C.W. Barker, Elizabeth M. Barker, Frank M. Barker,
E.M. Bartholomew, A.C. Bayley, John Bedford, L. Bedford, M.G. Bedford,
R.T. Bedford, Peter V. Berkey, D.V. Besser, A.R. Bickford, E.F. Bickford,
O.F. Bickford, Joseph M. Billiou, Leona S. Billiou, Richard J. Billiou,
Thomas Bishop Company, Glenn H. Blake, R.E. Blevins, W.W. Boardman,
Samuel A. Boles, Chas. Bond, Dave Bond, Immer Bond, John Bond, Martin Bond,
G.A. Bradley, I.W. Bradley, Harry N. Brittan, J.L. Brittan, James O. Brittan,
Alex Brown, L.E. Brownell, Mrs. L.R. Brownell, R.H. Brownell, I.L. Brownell,
Morrison E. Bryan, Celia G. Burnham, E.D. Burnham, Aura C. Burrows, Charlotte
T. Burrows, I.A. Burrows, E.T. Butler, Chas. Butler, H.A. Buttler,
Butte
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County Savings Bank, a corporation, James Byers, Lilly Hall Cameron,
M. Carlton, administrator of the estate of Annie Shaddock, deceased,
F.M. Carroll, Elizabeth D. Case, Julia E. Casper, P.S. Castleman, John
Cavalier, Jr., Central Pacific Ry. Company, a corporation, D.S. Chambers,
J.J. Chambers, Guiseppe Chasseur, Leontine Chasseur, Amos B. Chester,
Bert C. Chester, Kate M. Ciley, J.L. Ciley, Geo. Clark, Nora Clark,
Willard Clark, A.W. Cleek, Margaret S. Coley, Chas. Collins, A. Conklin,
M.L. Conklin, Wells Conklin, Conklin Bros., Mary E. Cook, Cook Springs
Mineral Water Company, a corporation, W.B. Cooper, G.L. Crawford, Fred
E. Crook, John Crossett, C.O. Crum, L.M. Culver, C. Cushman, F.N. Cushman,
J.C Cushman, H.S. Cushman, L.R. Cushman, L.V. Cushman, Edward Davis,
Myrtle T. Davis, Mary E. Decker, J. Devorst, Walter Dickson, J. Diefenbach,
H.B. Dixon, Isaac M. Dixon, Wm. Dodd, Mollie Dodd, C.L. Donohue Company,
Thos. Dougall, Jas. E. Drew, J.H. Driscoll, J.F. Durham, J. Homer Durham,
M.L. Dimmick, E.B. & A.L. Stone Company, a corporation, J.N. Eastby, Jas.
W. Edwards, J.L. Edwards, J.T. Edwards, W.D. Egilbert [sic], C.H. Ehorn,
Geo. C. Ellis, John C. Ellis, Melinda Ellis, Virginia Ellis, Henry Engraham,
Eliza J. Engraham, S.A. Ervin, Esperanza Land Corporation, a corporation,
Thos. Fairlee, R.F. Farris, Eugene Fately, I.L. Flightner, R.A. Fellows,
Dora A. Fender, Johnson Fender, John S. Finnell, Simpson Finnell, Zella
C. Finnell, Finnell Land Company, a corporation, Justin Firmignac, John
Fitzpatrick, J.A. Flanagan, Joseph J. Flanagan, Francis D. Flanagan,
Anna Flanagan, Geo. W. Fletcher, John T. Flood, L.H. Flood, L.V. Flood,
J.L. Flood, W.F. Forman, Joel Ford, W.J. Foutch, Fout Springs Water Company,
a corporation, Freedman Bros., George R. Freeman, administrator of the estate of
W.H. Markham, deceased, M. Friday, Sarah Friday, Fruto Land & Improvement
Company, a corporation, N.H. Garrison, W.W. Gatliff, Stella GIbbons,
Geo. R. Gillaspy, Glenn-Colusa Irrigation District, a corporation, Anna
B. Glenn, C.H. Glenn, W.A. Glenn, M. Golden, Alvin Gollnick, Aug. Gollnick,
Leonard W. Gollnick, P.A. Gordon, D.E. Goulding, F.A. Graves, John H. Graves,
L.B.
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Graves, W.R. Graves, Carl Green, P.H. Green, S.N. Green, W.A. Greenwood,
C.W. Griffin, E.R. Griffith, W.H. Griffith, Geo. M. Hall, Gertrude M. Hall,
Chas. M. Hall, J.J. Hall, W.R. Hall, Mrs. H. Hamilton, Oswald Handlos,
John Harbison, J.L. Hardin, R.M. Hardin, Ed. Harkness, G.B. Harlin,
W.F. Harlin, James Harmon, Reuben Hartman, H.C. Haskell, Volney Hayton,
M.A. Hayward, K.G. Heard, Henderson-Longton Company, a corporation,
W.G. Henneke, Frank Hickok, Callie E. Hightower, F.C. Hill, S.A. Hineline,
A. Hochheimer, Hochheimar & Company, a corporation, Annie Hoever, G.E. Hook,
Josephine A. Holt, F. Houghton Company, a corporation, F. Houghton,
H.H. Houston, administrator of the estate of Lucy Houston, deceased,
J.W. Howell, L. Huffmaster, Louisa M. Hulen, John Hull, Edgar Hunter,
Ellen Hunter, administratrix of the estate of Genevieve H. Brown, deceased,
Byron Ivory, Chas. Jaeger, James Mills Orchard Company, a corporation,
C.E. Jameson, Robert Jameson, John Johansen, John A. Johanasen, Wiebeke
Johansen, P.A. Jones, A.Z. Jones, R.T. Jones, Lee Julian, Susan A. Julian,
Wm. Julian, E.C. Kaerth, Andrew Kaiser, William Kaiser, M.V. Kalloch,
Kate Karrier, G.W. Keller, H.R. Keller, R.P. Kennedy, J.R. Kennedy,
F.M. Kesselring, Annie M. Kesselring, Lucy Kimel, F.M. Kirkpatrick,
J.L. Kirkpatrick, Margaret Kirkpatrick, R L. Kirkpatrick, H.D. Knight,
J.E. Knight, Alex Kraft, Wm. Kraus, F.W. Laughlin, Ed. Franklin Laux,
Fred Laux, Jr., Katherine Laux, J.J. Lea, Geo. D. Lewis, Olive Lewis,
Geo. W. Lewis, Frank W. Lewis, A.E. Lindstrum, C.W. Lovelace, Wm. J.
Lovelady, T.F. Lovelady, Annie Evans Lovelady, Alice M. Lovelady,
C.A. Lucas, Ellen Lucas, J.P. Lucas, Roy Lucas, Zacharias Luce, Della
Ludlow, Oscar Lundgreen, Mary Lyons, Lillie Lyons, William Lyons, James
McCall, Mary J. McCune, Edith McGahan, Edith McGahan, administratrix of
the estate of R.L. Walkup, deceased, Edith MoGahan, administratrix of the
estate of W.A. Morris, deceased, Mrs. I.W. McGahan, J.N. Mahan, Pearl
Makinney, J.F. Mallon, M. Malonson, E.B. Mann, L.E. Mann, J.H. Manson,
Mrs. J.S. Manson, Linda Manson, administratrix of the estate of J.H. Manson,
deceased, D.A. Markham, G.W. Markham, W.H. Markham, Edith C. Martin, G.L.
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Mason, D.H. Masterson, Frank Masterson, James Masterson, Kendrick Masterson,
James Mathews, H. Mayfield., I.E. Mecum, Mrs. M.J. Merriwether, Chris
Mikkelson, Elizabeth Miller, Henry Milligan, Alvin C. Millsaps, Ann Millsaps,
Byron Millsaps, Chas. Millsaps, Dora Millsaps, F.M. Millsaps, G.W. Millsaps,
James Millsaps, John Millsaps, John H. Millsaps, administrator of the estate
of A.J. Millsaps, deceased, John W. Millsaps, Joseph Millsaps, J.W. Millsaps,
Trustee, Mary C. Millsaps, Orin L. Millsaps, Martin Mirande, J.C. Mogk,
Montague & Faxon, Irma Moon, Pruda Moon, James M. Morris, John M. Morris,
Preston Morris, T.W. Morris, W.A. Morris, Wm. Mott, Perry Mulford, America
Hall Murdock, H.M. Nelson, J.A. Nelson, Salvina C. Nelson, Mary Ann Newton,
P.M. Niesen, Wm. Niesen, J.D. Nordyke, Northern Electric Ry. Company,
a corporation, J.M. Nye, D.J. Oaks, James O‘Brien, Mary O‘Leary, P. O’Leary,
Tim O’Leary, Orland Land Company, a corporation, S.F. Paine, Albert Papst,
Ida Papst, Olive Scearce Parsons, Chas. E. Pearson, Mathias Pedersen,
E.C. Phelps, E.K. Piersol, S. Pinkerton, Chas. Powell, Mary Powell,
Mrs. J.A. Price, A.L. Province, Elvira R. Province, Harvey E. Province,
Mary E. Province, C.B. Purington, Charlotte R. Raglan, S.A. Ralston,
H.G. Rawlins, D.P. Ray, George Ray, Elizabeth J. Rees, John S. Rees, Eugene
K. Reynolds, administrator of the estate of Isidore Reynolds, deceased,
Isabel E. Reynolds, Ida Leona Rice, Elisha Rich, Charles H. Ridley,
Harrison B. Riley, I.L. Robertson, James Roden, Walter Roden, Eliz. J. Rogers,
Rosedale Realty Company, a corporation, M. Rosenberg, Maurice Rosenthal,
Wm. Roser, Kate Rowecroft, Robt. Rowecroft, Ruby King Mineral Paint Company,
a corporation, Sacramento Valley Irrigation Company, a corporation,
Sacramento Valley Sugar Company, a corporation, Sacramento Valley West
Side Canal Company, a corporation, Minnie L. Sadler, J.S. Sale,
W.J. Salisbury, Carrie Sanford, S. Savio, James W. Sawyer, Mary J. Scearce,
W.E. Scearce, Barbara Schmitzer, B.N. Scribnor Company, a corporation,
J.A. Scribner, J.A. Scribner, administrator of the estate of G.W. Lantz,
deceased, Maude C. Sehorn, James Seros, Rose Servel, administratrix of the
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estate of Fred Servel, deceased, A.M. Sharp, Robert Sharp, Clarissa Shaw,
Jennie T. Shelton, Ray Shively, Bertha A. Shults, E.C. Shults, Leland Shults,
Alma Silver, Elmer Silver, J.F. Silver, S.M. Silver, C.L. Simpson,
Z.E. Simpson, Isaac Skidmore, E.E Smith, F. & A.M. Snow Mountain Lodge,
C.T. Soeth, Geo. Soeth, John H. Soeth, W.E. Squires, Henry Steinbach,
Henriette Steinegger, H.R. Stewart, John Stice, Geo. C. Stites, J.F. Stites,
Rufus G. Stites, W.H. Stites, Stonyford Catholic Church, a corporation,
Stonyford Dunkard Church, a corporation, J.A. Stout, Stovall-Wilcoxson,
a corporation, Fred E. Strawn, C.E. Studybaker, Superior California Farm
Lands Company, a corporation, B.H. Sutliff, Ellis A. Sutliff, Emily Sutliff,
G.W. Sutliff, Jos. M. Tanson, M.A. Tanson, F.T. Taylor, Geo. N. Taylor,
Jessie Taylor, administratrix of the estate of W.S. Taylor, deceased,
J.F. Taylor, Paul Teihl, Chas. A. Templeton, J.G. Tenney, J. Thomas,
J.A. Topping, C.H. Totman, George Trank, A.J. Triplett, Abe L. Triplett,
Eliza Troxel, F.W. Troxel, Jessie E. Troxel, Lloyd Troxel, I.E. True,
E.A. Tryon, C.E. Turner, Matt Urjevich, A.P. Valine, Geo. Vanderford,
Amelia G. Van Syckle, Amelia G. Van G. Van Syckle, adminlstratrix of the
estate of Henry H. Van Syckle, deceased, J. Van Scyoc, A.P. Wakefield,
Jesse Walcott, Arthur Walkup, Guy Ward, Margurita Williams Welch, Roy Welch,
F.J. Wells, A.T. Welton, Ida M. Welton, Henry Werth, May E. Werth,
Frank S. West, Katie West, D.J. Westapher, Emma Westapher, Geo. Westapher,
A.J. Westcamp, Frank Whalley, Chas. E. White, Oliver P. Wiggins, A.E. Williams,
J.H. Williams, Frank Wilson, administrator of the estate of S. Wilson,
deceased, Mary E. Wise, F.C. Wood, G.W. Wood, R.H. Yearnshaw.
That of the above named defendants there have appeared and answered in this
cause, personally, or by their respectIve solicitors all of those persons
named in columns headed "claimant" in the "Schedule of water rights in
Stony Creek Watershed", hereto annexed, their respective solicitors being
named in the columns headed "solicitor" immediately following the names of
said
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claimants; that all persons herein named as owners, grantors and successors
in interest have been duly made parties defendant to this cause and that
all persons herein named as grantees or successors in interest have been
duly substituted for their respective predecessors with all the rights of
their respective grantors and predecessors.
That, pursuant to the said Reclamation law, the plaintiff has constructed
and completed and is operating and maintaining the said Orland Project in
Glenn County, Tehama County and Colusa County in the said State of California
and within the district, for furnishing water for irrigation and other
purposes to 20,755 acres of irrigable lands in Townships 21 North,
Ranges 2 and 3 West; 22 North, Ranges 2 3 and 4 West and 23 North,
Ranges 3 and 4 West of the Mount Diablo Base and Meridian; that the said
lands and all thereof are subject to reclamation and irrigation under said
Reclamation Law and before their reclamation and Irrigation the said lands
were arid or semi-arid, in charactor and required such reclamation and
irrigation in order to produce paying crops; that the said lands have been
reclaimed and irrigated through and by means of the works of said project
and are thus being made to produce valuable crops.
That Stony Creek, together with its tributaries, situate and located within
the said District is the sole source of water supply and is used for the
channel by means of which the waters stored in the works of the said Project
are carried and flow to the said lands; that the plaintiff, after
August 25, 1906, by the Secretary of the Interior, duly made and completed
the necessary examinations and surveys of the said lands included within
the said Orland Project, and on December 28, 1908, duly withdrew from entry,
disposal or sale all public lands required in and necessary to the
construction of said Project and its works and therefter determined that
said Project was practicable and feasible and gave all notices required by
law to be given of its intention to reserve and appropriate for the purpose of
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said project and for beneficial use thereon waters of Stony Creek and its
tributaries and duly reserved and appropriated such of the waters of Stony
Creek and its tributaries not theretofore appropriated as might be
beneficially used for the reclamation and irrigation of the said lands
within said Orland Project, both natural and flood flow; that by reason
of such appropriations made on October 10, 1906, for water of Stony Creek
to the amount of 500 cubic feet per second, on October 11, 1906, for water
of Little Stony Creek to the amount of 100,000 acre feet annually, on
March 23, 1910, for water of Stony Creek to the amount of 10,000 miners
inches and on March 25, 1913, for water of Big Stony Creek to the amount
of 20,000 miners inches the plaintiff is the owner of such waters and of
the usufructory right therein for direct irrigation and other purposes
and for storage for use upon the lands of said Project.
That plaintiff in the year 1910 constructed and now operates and maintains
on Little Stony Creek in Section 34, Township 18 North, Range 6 West of the
Mount Diablo Base and Meridian, in said Colusa County a storage dam or
reservoir for the storage of water in the basin of Little Stony creek, one
of the tributaries of Stony Creek, in said Colusa County, which reservoir
has a capacity of 51,000 acre feet covering an area in said Colusa County
of approximately 1800 acres, known and designated as the East Park Reservoir
being a part of the said Orland Project and works; that plaintiff in 1910
constructed and now operates and maintains a diversion dam on Big Stony Creek
in Section 35, Township 18 North, Range 7 West of Mount Diablo Base and
Meridian, in said Colusa County, together with a canal leading therefrom
to the said East Park Reservoir, which canal was constructed in 1915, and
has a capacity of 275 cubic feet of water per second, is seven miles in
length and is known and designated as the East Park Feed Canal, being a part
of said Orland Project and works; that the said East Park Feed Canal
and Diversion Dam are part of the said Orland Project and works
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and have been used, operated and maintained for the diversion and storage
of the waters of Stony Creek and its tributaries.
That the plaintiff has constructed and now operat and maintains at lower
points on Stony Creek and. above the irrigable lands of the said Project,
at points about 41 and. 46 miles respectively from and below the said East
Park Reservoir, two diversion dams known respectively as the South Diversion
Dam and North Diversion Dam, the one being constructed in 1916 and situate
in Section 29 Township 23 North, Range 4 West and the other constructed in
1913 and situate in Section 1, Township 22 North, Range 4 West of the Mount
Diablo Base and Meridian in said Glenn and Tehama Counties, whereby the
waters of said Stony Creek and its tributaries flow and are carried to the
distributing canals and lands of said project for their reclamation and
irrigation; that the said South and North Diversion dams and distributing
canals connected therewith are part of the said Orland Project and works;
that all of the said constructed works have been in continuous use and
operation at all times since their construction for the purpose of diverting,
storing and distributing the waters of Stony Creek and its tributaries for
the reclamation, cultivation, irrigation and reasonable use of the lands
within the saId Project and by reason thereof the said lands have been
and are being fully reclaimed and irrigated.
That the plaintiff, on May 21, 1909, acquired by purchase from the Stony
Creek Irrigation Company, a corporation, all of the water rights and system
and right of way then and there operated, owned or controlled on Stony Creek
and its tributaries by said corporation subject to certain reservations and
exceptions theretofore made in favor of the heirs of Laban Scearce and the
heirs of A.L. Hall; that the property and rights so purchased include certain
appropriations of water in Stony Creek theretofore made and instituted by
plaintiff’s grantors as hereinafter set forth subject to the said
reservations and exceptions to the heirs of Laban Scearce and the heirs
of A.L. Hall as follows, to-wit:
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(1) To the heirs of Laban Scearce, 125 miners inches from the beginning of
each irrigation season to July 1, and for the balance of said irrigation
season 75 miners inches of water for use upon the following described
lands: 250 acres, lying and. being in the SE 1/4 SE 1/4 Section 33;
SW 1/4 SW 1/4 SectIon 34 T. 23 North Range 4 West, and that portion of
Section 3 T 22 N R 4 W, M.D.B. & M. lying between said Hall and Scearce
ditch and the south or west bank of Stony Creek;
(2) To the heirs of A.L. Hall, 125 miners inches from the beginning of
each irrigation season to July 1, and for the balance of said irrigation
season 75 miners inches of water for use upon the following described lands:
235 acres lying and being in those portions of Sections 32, 33 and 34
T. 23 N, Range 4 West, M.D.B. & M. (excepting the SE 1/4 SE 1/4 of said
Section 33 and SW 1/4 SW 1/4 said Section 34) lying between said Hall and
Scearce ditch and the south or west bank of Stony Creek;
that the plaintiff caused the said water rights, canals, laterals irrigation
system and all rights of way therefor from the date of said purchase to be
incorporated within and made a part of the said Orland Project; that the
plaintiff, on March 26, 1910, acquired by purchase from the Lemon Home Water
Power & Light Company, a corporation, all of the water rights, system and
right of way then and there operated, owned or controlled on Stony Creek
and its tributaries by said corporation; that the property and rights so
purchased include certain appropriations of water in Stony Creek theretofore
made and instituted by plaintiff’s grantors as hereinafter set forth; that
by reason of the aforesaid purchases and the acts of the plaintiff, the
plaintiff is now the owner of rights and priorities in and to the use of
the waters of Stony Creek and its tributaries as follows, to-wit:
(1) The right to divert and use 250 miners inches, under four inch
pressure, of the waters of Stony Creek and its tributaries and from
the natural flow thereof, through and by means of the South Diversion
Dam and canal of the Orland Project, from the beginning of the irrigation
season up to July lst of each year, and 150 miners inches under four inch
pressure from July 1 of each year to the end of the said irrigation season,
with a priority for said right of 1864;
(2) The right to divert and use 50 cubic feet per second of the waters of
Stony Creek and its tributaries and from the natural flow thereof, through
and by means of the South Diversion Dam and canal of the Orland Project,
during each irrigation season, with a priority for said right of the date
of January 27, 1888;
(3) The right to divert and use 7 cubic feet per second of the waters of
Stony Creek and its tributaries and from the natural flow thereof, through
and by means of the North Diversion Dam and canal of the Orland Project,
during each
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irrigation season, with a priority for said right of the date of May 4, 1897
That the plaintiff, by reservation and purchase has set aside and reserved
for the use and benefit of the Indians thereon, their successors, and other
Indians, that certain tract of land and the waters thereon, to-wit:
The south half of the Southeast quarter of Section 15, Township 21 North,
Range 6 West of the Mount Diablo Base and Meridian, in said County of Glenn,
comprising 80 acres and known as the Grindstone Indian Reservation; that
said reservation is traversed by Stony Creek and contains 15 acres of land
which is irrigable therefrom and dependent upon the flow thereof for a water
supply for its irrigation and for domestic and stock watering uses thereon;
that said land is of little or no value without water and requires irrigation
for the production of crops thereon; that plaintiff, as the owner of said
lands and as trustee for the said Indians is entitled to divert and use for
the aforesaid purposes during every month of each year sufficient water
therefor to the extent of one cubic foot per second of the waters of Stony
Creek, as hereinafter set forth.
That as a result of the said Orland Irrigation Project and of the
intention of the plaintiff to reclaim and irrigate the said lands there
has grown up a community of more than 3600 persons dependent thereon for
a livelihood of which more than 700 are land owners and water users under
said project, with whom plaintiff has entered into contracts as provided
by said Reclamation Law by the terms of which plaintiff is required to
furnish water for the irrigation of said lands to the aggregate of not
less than 20,755 acres and the crops growing or to be grown thereon and
under which the said water users are required to pay to plaintiff their
proportionate part of the cost of said project and the irrigation works
thereof, their said lands being charged with a lien therefor which cost
and lien charges aggregate approximately $1,100,000; that the diversion
and use of the water from the natural flow of Stony Creek and its
tributaries is
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necessary and proper for the said purposes.
That the irrigation works of said project, and all of them were constructed
and water was reserved and appropriated therefor and has been and now is
stored and carried in and by said works for a public use and purpose and
that said construction, reservation and appropriation, carriage and storage,
and the said public use and purpose for which these things have been done
has been open and notorious and a matter of common knowledge to the water
users and land owners in the said counties and either of then, particularly
the defendants herein and no protest or objection thereto has ever been made
by any of the said defendants or any other person, since the said construction
was begun in the year 1908.
That the water shed of Stony Creek and its tributaries has an area of
approximately 735 square miles upon which are precipitated the rains and
occasional snows which cause and contribute to the flow of water therein,
which flow varies from year to year according to the said precipitation,
there being a flood period in the winter or early spring and a rapidly
diminishing flow thereafter; that the average period of shortage of the
natural flow extends from March 15 to October 15 of each year, during which
period there is available for said purposes only the stored waters of said
Project as hereinabove described; that the waters of Little Stony Creek are
stored in said East Park Reservoir and the waters of Big Stony Creek are
diverted therefrom through the East Park Feed Canal and stored in said
reservoir at times in the year of larger flow in said tributaries of Stony
Creek and generally when none of the waters thereof are being used for the
irrigation of lands of the defendants; that the diversion and storage of
said waters by plaintiff as aforesaid prevents the glutting and overflowing
of such of the lands of defendants as are down stream from said reservoir
and the diversion point of said East Park Feed Canal, and consequent injury
and damage thereto to the extent of such storage.
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That the defendants respectively have some right and claim to the waters
of Stony Creek and its tributaries by virtue of specific appropriations
heretofore made by then respectively as hereinafter shown in claims numbered
from one to ninety-four inclusive in the "Schedule of water rights in
Stony Creek Watershed, defendants rights, sheet 1, sheet 2 and sheet 3",
appended hereto,
[see link to .pdf exhibit of that Schedule at p. 18 below]
and said defendants have diverted and appropriated from
Stony Creek and its tributaries and used for the necessary irrigation of
their respective lands described in said schedule, water in the respective
amounts and with the respective priorities as stated in the said schedule.
As shown by the said schedule and columns therein each of the defendants
named in the columns headed "claimant" directly or by his grantor or
predecessor in interest on and continuing after the date in the columns headed
"date of priority" has diverted and appropriated from a point of diversion
as indicatad in the columns headed "point of diversion" from the stream
named in the columns headed "stream" and through the ditch or ditches named
in the columns headed "ditch", for the necessary irrigation of his lands
described in the columns headed "land irrigated" water in the amount or
amounts equivalent to those amounts stated in the columns headed "allowed
at land" and "allowed at diversion", such water being sufficient to deliver
to said lands after deducting the transportation loss as indicated in the
column headed "conveyance loss" the amounts in flow and acre feet per
season stated opposite the respective names of the defendants or their
described lands and in the columns headed "Allowed at Diversion per season,
total acre feet".
That on the 10th day of June, 1918, this court duly made and entered its
order of preliminary injunction, restraining and enjoining certain defendants,
and each and all of them, and all persons acting under their direction
or control, their agents, attorneys, employees and servants and those in
privity with them, during the pendency of this cause or until
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the court should otherwise order, from in any manner diverting, using or
wasting any of the water flowing in the channels of Little Stony Creek,
or Stony Creek, which might thereafter be released into said channels by
plaintiff from the East Park Reservoir of the Orland Project as the same
was then or might thereafter be stored in said Reservoir, or from in any
manner impeding or preventing said water or any part thereof from being
conveyed down and by means of said channels of Little Stony Creek and Stony
Creek to the South and North Diversion Dams of the Orland Project or from
in any manner interfering therewith; that by the same order the court duly
appointed E.T. Eriksen a Commissioner of this Court to be known as Water
Conunissioner, and duly authorized, directed and empowered him, as such
Commissioner to regulate the flow of water in the works of said Project
to the end that the parties hereto should have a proper share thereof for
their lands, without prejudice to any rights that might thereafter be
established; that the said E.T. Eriksen duly qualified as such Commissioner
and has at all times since said date fully performed his duties as such
Water Commissioner.
That for the said 20,755 acres included within the said Orland Project
there is required a total diversion of waters from Stony Creek and its
tributaries 84,500 acre feet of water, the said lands requiring the
diversion of 4.05 acre feet for their proper and economical irrigation
and cultivation; that subject to prior appropriation and vested rights
permitted and confirmed by the Act of Congress of July 26, 1866, the
plaintiff is entitled and allowed to divert with a priority as hereinafter
set forth in said Schedule of Water Rights in Stony Creek Watershed,
Government’s Rights Sheet 5, appended hereto, 265 cubic feet per second
of the natural flow of water of Stony Creek and its tributaries at South
Diversion Dam together with all of the waters of Little Stony Creek,
together with all of the water of Stony Creek and its tributaries during
the months of
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October, November, December, January and February of each year.
That the Glenn-Colusa Irrigation District as successor in interest to the
Central Canal and Irrigation Company is entitled to divert, store or
otherwise use all of the waters of Stony Creek and its tributaries, in
excess of the said 265 cubic feet per second of the natural flow at said
South Diversion Dam and the said stored waters hereinbefore apportioned
to the plaintiff, subject to prior appropriation and vested rights
permitted and confirmed by the said act of congress.
That certain defendants herein to-wit: as set forth in Sheet 4 of said
Schedule, Riparian Rights, appended hereto, have made their respective
claims for water from the natural flow of Stony Creek and its tributaries
which claims are based upon their so-called Riparian Rights, as therein
set forth; That none of these said defendants have ever applied to a
beneficial use any of the waters of Stony Creek or its tributaries and
the said lands enumerated in said Sheet 4 of said Schedule, are not
irrigable from the natural flow of said Stony Creek or its tributaries
except as shown in said Sheets 1, 2 and 3 of said Schedule, Defendants
Rights; that except as shown in said schedule the lands of said riparian
claimants are not physically or economically capable of irrigation from
said Stony Creek and its tributaries through the existing ditch or ditches
or otherwise; that if the said riparian claimants were to divert water
from said stream in the amount of their claims such diversions and either
of them would result in the losses due to evaporation, absorption and
percolation thereby causing injury to the land owners below them and a
deprivation of their lawful rights; that except as shown in the said
schedule of defendants’ rights, and indicated upon sheets 1, 2 and 3 thereof
no beneficial or economic use of the waters of said stream can be made or
has been made upon or in the irrigation of the lands of said riparian
claimants during any other time of year than the irrigation season
hereinabove referred to and the natural
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flow of said stream during said irrigation season has been fully
appropriated and used by the plaintiff and defendants herein on their
irrigated lands while the said riparian claimants have made no demand or
claim for and no use of said waters upon any of their said unirrigated
lands; that the said riparian claimants have established no right under
any law of the State of California or of the United States to use water
from said Stony Creek and its tributaries for irrigation or otherwise
except as shown in the said schedule; that the said riparian claimants
have established no title to any reservations of water rights except as
shown in the said schedule of riparian claims sheet 4; that the said lands
of the said riparian claimants as shown in said sohedule of riparian claims
sheet 4 are not riparian to the said Stony Creek or its tributaries and have
established no right to have any water flow by or over said land for
irrigation or otherwise except as shown by appropriations as set forth in
said schedule of defendants’ water rights sheets 1, 2 and 3; that the
rights of the plaintiff as herein described, and the diversion and storage
of water from Stony Creek and its tributaries pursuant to said rights and
by and through said project structures and system, and the application to
beneficial use of the water thus diverted and stored for the irrigation of
the lands of said Orland Project at all times and places have been
continuously exercised, done and accomplished against and adversely to said
riparian claimants and the rights claimed by them, and in deprivation of the
diversion to and use of water thereunder or otherwise, on the lands alleged
to be owned by them ever since the construction of said project works and
long prior to the commencement of this suit, and during all of said period
plaintiff has been in actual occupation, use and enjoyment of said water and
its said rights, openly, notoriously and peaceably and not clandestinely
nor adversely nor in hostility to the rights claimed by said riparian
claimants, and that such diversions and storage and application of waters
to beneficial use have been under claim of right and title exclusive of any
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other right and as plaintiffs only, and with notice to and knowledge of
the said riparlan claimants, defendants herein, and the grantors and
predecessors in interest thereof, and uninterruptedly and continuously
as a part of the operation of said Orland Project, and of the diversion
and storage of waters from Stony Creek and its tributaries; that the
irrigation works of the Orland Project hereinabove described were each
and all constructed, and water has been reserved and appropriated and is
now being stored and carried in said structures for the public use and
purpose, and the diversion, carriage and storage of water by means of said
structures and the said public use and purpose for which these things have
been done have been notorious and a matter of common knowledge in the
neighborhood of the said lands of said riparian claimants and have been
known to each and all of the above named defendants herein who have made
no protest nor objection and who have not attempted directly or indirectly
to restrain and prevent the same and said riparian claimants have acquiesced
therein and recognized the necessity therefor and the advantages thereof as
well as the validity of the rights of the United States therein; that except
as shown in said schedule of defendant's rights sheet 1, 2 and 3 the said
riparian claimants named on sheet 4 of said schedule have not used or
applied the waters of Stony Creek or its tributaries to any beneficial
purpose upon their said lands as set forth in said sheet 4, riparian
claimants, on or before the 16th day of June, A.D. 1923, nor on or before
the 11th day of August, A.D. 1923.
CONCLUSIONS OF LAW
Upon the foregoing Findings of Fact I make the following Conclusions of
Law:
That the defendants named in columns headed "claimant" upon sheets 1, 2
and 3 entitled "Schedule of Water Rights Stony Creek Watershed,
Defendants' Rights" and the plaintiff as named in the column headed
"claimant" upon sheet 5 entitled "Schedule of Water Rights in Stony
Creek Watershed, Government rights"
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appended hereto, and their grantors and predecessors in interest, have
diverted, appropriated and put to beneficial use, for generating
electricity and power, storage, supplying the people of cities and towns,
irrigation, domestic and other purposes, and have become entitled to
the usufruct in and to divert and use, the waters of Stony Creek and
its tributaries, for the purposes and in the respective amounts and under
the respective rights and priorities as in said sheets 1, 2, 3 and 5
stated and allowed; and that the said defendants and plaintiff are
entitled to a decree of this court confirming and establishing their
respective rights and priorities as set forth in said schedule, and that
the said riparian claims as set forth in sheet 4 of said schedule be
disallowed.
Dated at Sacramento, California, this_____ day of A.D. 1925.
--------------------------------------
Special Master in Chancery
SCHEDULE OF WATER RIGHTS IN STONY CREEK WATERSHED,
Sheets 1, 2, 3, 4, & 5 [ referenced above - these are
large blueprint sheets, difficult to photocopy, more difficult to scan; each
sheet is scanned in 4 pieces in order: upper left, upper right, lower left,
lower right. See the original in the court file for a more legible copy. ]
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[Blue 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,
-v-
H.C. ANGLE, et al.,
Defendants.
In Equity No. 30
AFFIDAVIT IN SUPPORT OF
MOTION FOR ORDER
FILED
____O'clock ?____?____M
OCT 13 1925
WALTER B. MALING, Clerk
/s/ ?.M. Lampert
DEPUTY CLERK
HAROLD BAXTER
Special Assistant to the Attorney
General of the United States
220 Fleming Building, Phoenix, Arizona.
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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,
-v-
H.C. ANGLE, et al.,
Defendants.
In Equity No. 30
AFFIDAVIT IN SUJPPORT OF
MOTION FOR ORDER
DISTRICT OF ARIZONA, )
STATE OF ARIZONA, ) ss.
County of Maricopa, )
Harold Baxter, being duly sworn on oath deposes and says: that he is now
and has been since the 1st day of March, A.D. l925, the duly appointed,
qualified and acting Special Assistant to the Attorney General attorney
for the plaintiff in the above entitled cause; that he is informed and
believes and upon such information and belief, states as follows, to-wit:
that on the 24th day of June, 1922, this matter duly came on to be heard
upon the setting down of cause for trial and related matters whereupon
the Honorable William C. Van Fleet, Judge, duly made and entered an order
of reference herein, referring this cause to Geo. E. McCutchen, Esq., of
Sacramento, California, as master pro hac vice, and ordering inter alia
that the said master hear the testimony and evidence, receive the proofs
herein and duly and promptly make his report thereon to this court, in the
form of findings of fact and conclusions of law; that pursuant to said order
the said Master duly held hearings in said cause at Willows, Glenn County,
California, beginning the 12th day of October, A.D. 1922, and continuing
thereafter at intervals until the 28th day of August, A.D. 1924, whereupon
said master duly ordered the hearings closed, subject to any applications
to reopen the matter for the taking of further testimony; that no such
further application has been made by any party to this cause; that under
the rules of practice in equity governing this court it is the duty of the
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master to proceed with all reasonable diligence in this reference, and with
the least practicable delay (Rule 60) and to return his report into the
Clerk's office (Rule 66); that no such report has been by the Master returned
into the Clerk's office although more than thirteen (13) months have
expired since the said hearings were closed as aforesaid; that there is hereto
annexed a copy of a Master's Report, heretofore prepared by affiant, which
in substance and in form is appropriate to be filed in this cause by said
master; that any further delay in the filing of the Master's Report will
result in expense hindrance and annoyance to the parties hereto.
/s/ Harold Baxter
HAROLD BAXTER
----------------------------------
Subscribed and sworn before me at Phoenix, Maricopa County, Arizona, this
9th day of October, A.D. 1925
/s/ Allan C. Elder
ALLAN C. ELDER
----------------------------------
Notary Public in and for
Maricopa County, Arizona
(SEAL)
My commission expires Jan 23, 1928
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[Blue 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,
-v-
H.C. ANGLE, et al.,
Defendants.
In Equity No. 30
NOTICE OF MOTION
FILED
____O'clock ?____?____M
OCT 13 1925
WALTER B. MALING, Clerk
/s/ ?.M. Lampert
DEPUTY CLERK
HAROLD BAXTER
Special Assistant to the Attorney
General of the United States
220 Fleming Building, Phoenix, Arizona.
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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,
-v-
H.C. ANGLE, et al.,
Defendants.
In Equity No. 30
NOTICE OF MOTION
To the Honorable George S. McCutchen, Special Master in Chancery,
Sacramento, Califonia, and to Attorneys for Defendants to-wit:
Messr’s. R.M. Rankin, Willows, California
Brown & Albery Colusa "
T.A. Farrell Sacramento "
Geo. R. Freeman Willows "
Durand [sic] F. Geis Willows "
W.E. Johnson Orland "
McCoy & Gans Red Bluff "
Thos. Rudledge Colusa "
C.L. Witten Safe Deposit Bldg., San Jose, California
Richard Belcher, Marysville, California
H.W. McGowan Willows "
Howard Peirsol c/o E.K. Peirsol, Claremont, Los Angeles
County, California
and Hankins & Hankins, 818 Pacific Bldg., San Francisco, California
and to Defendants
Mrs. I.W. McGahan, Stonyford, via Sites, Colusa County, "
Chas. Butler " " " " " "
Elmer Silver Elk Creek, via Fruto, Glenn County "
Minnie R. Sadler " " " " " " "
E.B. Mann " " " " " " "
and T.W. Morris " " " " " " "
PLEASE TAKE NOTICE that the plaintiff, The United States of America, by its
undersigned attorney, will present, on Monday, the 2nd dey of November, A.D.
1925, at the hour of 10:00 o'clock in the forenoon of said day at the
court room of said court, in the City of Sacramento, California, to said
oourt for hearing, its Motion for Order, a copy of which is hereto annexed.
Dated this 10th day of October, A.D. 1925.
/s/ Harold Baxter
HAROLD BAXTER
-------------------------------
Special Assistant to the
Attorney General
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[Typed on the inside of blue cover]
DISTRICT OF ARIZONA, )
STATE OF ARIZONA, ( ss.
County of Maricopa. )
AFFIDAVIT
Harold Baxter, being first duly sworn, on oath deposes and says: That he is
the duly appointed, qualified and acting Special Assistant to the Attorney
General of the United States and attorney for the plaintiff in this cause
[substituted where?];
that on Saturday the 10th day of October, A.D. 1925, affiant deposited in
the registered mails of the United States, at Phoenix, Arixona, envelopes
duly addressed to the persons named in the within Notice of Motion as
attorneys for defendants and defendants, respectively; that each of said
envelopes was duly addressed to the said persons, postage franked and
registree free [fee?] prepaid and contained copies of the Motion for Order,
this Notice of Motion, Affidavit and unsigned Report of Special Master in
Chancery thereto annexed, the originals of which are filed herewith in
said cause numbered in Equity No. 30.
/s/ Harold Baxter
HAROLD BAXTER
-------------------------------
Subscribed and sworn to before me at Phoenix, Arizona, this 10th day of
October, A.D. 1925.
/s/ Allan C. Elder
ALLAN C. ELDER
-------------------------------
Notary Public in and
For Maricopa County,
Arizona
SEAL
My commission expires Jan 23, 1928
[handwriten: And to Geo. E. McCutchen, Special Master in Chancery ?????
Sacramento, ?????]
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Return to Stony Creek Water Wars.
--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com