THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley (04/05/2010)
Comprehensive, Chronological INDEX of the case ; F=Filed, L=Lodged, S=Signed, R=Received
SWRCB APPLICATION A014115 - E.A. Wright/Fritz Mast Case Index
[see also
http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l007202%20a014115.pdf
]
[schedule of allowed Angle Decree usage at
http://www.mjbarkl.com/limits2.htm shows that SWRCB did not have
jurisdiction to make or consider this application]
Cat 1 CORRESPONDENCE VOL. 1 OF 1 RECORD OF FOLDER [" F " - date filed if
date originated not evident]
[Inside of file front cover]
Applicant: Fritz Mast, Alma Mast and Floyd L. Harlan
Address: c/o Fritz Mast, 4 Cielo Court, Orinda, CA 94563
Application 14115 [pencil 16144] Permit ; [Related, A018965]
Applicant: E.A. Wright, crossed off, "see below"
Date filed 12/29/1950
Maps Filed 12/29/1950 A;County 11;Fee $5.00
Forms Sent 02/05/1951 8,8a,8b
Protests:
Remarks
022151 Affidavit of posting Rec'd
042651 Permit 8532 issued
021455 Ext to 12/01/1957 to complete constr & use
070857 Assd to Hugh W. & Phyllis M. Jamieson Jr.
012158 Ext to 12/01/1959 to complete constr & use
060960 Rept of Insp by F.M. Kuchta
100660 Ext to 12/01/1962 to complete constr. & use
071263 Rept. of Insp. by F.M. Kuchta
032364 Order allowing Corr. of Descr. of point of diversion & corr. of
Descr. of place of use
031065 Lic. 7202 issued
042667 Asgd to Sandy Lake Company, A Limited Partnership
042667 Rept of Insp. by F.M. Kuchta
042976 Records chgd to show Phyllis Bostick & Sandy Lake Company, a
Limited Partnership as owner
101289 Assigned to Fritz Mast
051297 Assigned to Fritz Mast, Alma Mast & Floyd L. Harlan
Record of Fees:
Record of Folders
[Inside of file back cover]
LOOSE PAPERS IN BACK OF FILE;
UNDATED TRW Real Estate Information, Glenn Parcel map 22-02; T20N R6W
UNDATED TRW Real Estate Information, Glenn APN listing 22-02-0-001 & -002,
Lands of Douglas & Pamela Campbell
UNDATED TRW Real Estate Information, Glenn Parcel map 25-13; T21N R6W
UNDATED TRW Real Estate Information, Glenn APN listing 25-13-0-006 & -011,
Lands of Douglas & Pamela Campbell
UNDATED TRW Real Estate Information, Glenn Index Book 22
UNDATED TRW Real Estate Information, Glenn Parcel map 21-16, 17, 18, 19
& 20 ?
UNDATED TRW Real Estate Information, Glenn APN 21-16 - 20 listing none
highlighted
UNDATED TRW Real Estate Information, Glenn Index Book 25
UNDATED TRW Real Estate Information, Glenn Parcel map 25-09, 10 & 11 ?
UNDATED TRW Real Estate Information, Glenn APN 25-09 - 11 listing none
highlighted
UNDATED Elk Creek vicinity taped-together photocopy topo map with
16 Fritz Mast ponds highlighted under Aps 14115, 18965, 20614, 20615
122950 F E.A. Wright Ap 14115 map on Dept. of Public Works map form,
N 1/2 NW 1/4 S9 & NE 1/4 NE 1/4 S8 T20N R6W unnamed stream
UNDATED Approval For Signature, Extension Order - Class 3; 2 copies,
both crossed out, "This should not be processed. [illeg]"
Large envelope:
122950 map on Dept of Public Works form, as above except estending into
SE 1/4 SW 1/4 S4; "superseded"
092161 empty returned envelope to Jamieson, sent to Elk Grove, resent to
Elk Creek
041989 return envelope to Phillis Bostick, Pacific Grove, contents
letter O'Hagan/Permit & License Unit to Mast; re conveyance from Sandy
Lake Company, Phillis Bostick & Elk Creek Associates to Fritz Mast & Alma
Mast, will change records unless notified to the contrary within 30 days;
032364 crude map of the pond location on quarter-quarter lines;
Hugh W. & Phyllis M. Jamieson;
PAPERS "BOUND" IN FILE (re-sorted in date order):
1950
122950 Application to Appropriate Unappropriated Water; Superseded,
E.A. Wright, unnamed creek trib to Stony Creek; 200 a-f, 11/01 - 04/01;
irrigation, stock water and recreational; POD South 792' & West 66' from
the N 1/4 corner of S9 T20N R6W MDB & M, being within the NE 1/4 NW 1/4 S9
T20N R6W; 30' high, 175' long, 5' freeboard, of earth; flood in S9; surface
15.7 acres, 200 a-f; on-stream storage; estimated cost $2400, begin on
or before 06/01/1951 end on or before 06/01/1952, use by 06/01/1954;
POU 120 acres in S4 & 100 acres in S9 T20N R6W MDB & M as per map; own
the land; stockwater for 400 head of cattle; irrigate 220 acres pasture
04/01 - 10/30; boating, swimming and plant fish;
122950 receipt; E.A. Wright, $5.00
1951
011651 memo to/from [?] Holmes, Smitherum; E.A. Wright filed Ap. 14115
for 200 a-f/year, dam in NE 1/4 NW 1/4 S9 T20N R6W MDB & M, etc.
020551 letter Edmonston/Dept Publ Works to Wright; enclosed 3 copies
of notice, post 2 by 02/20/1951 & return enclosed affidavit
020551 Notice of Application to Appropriate Water; 200 a-f/annum
POU 220 acres,
80 within S 1/2 of SW 1/4 & 40 within SW 1/4 of SE 1/4 S4; 65 acres within
N 1/2 of NW 1/4 & 35 within NW 1/4 of NE 1/4 S9 T20N R6W MDB & M; 40 days
to protest; on back, mailing list
020651 2 return receipt cards
020551 letter Edmonston/State Engineer to Postmaster/Elk Creek, please
post the notice
021651 letter Edmonston/State Engineer to Counsel/Reclamation, added
your name to the list for 8 aps
022051 Affidavit of Posting Notice, E.A. Wright 02/20/1951 "on the front
of the Elk Creek Store & in the Fruto StoreR
020551 Notice of Application to Appropriate Water; a copy
022651 letter Edmonston/State Engineer to Wright; received posting
affidavit, "Further action will follow in due course."
041051 Check for Permit (checklist); "no prior pending applications
affected."
042651 Permit Terms; $8.60
042551 Water Right Permit for Signature of State Engineer; Form 223-B;
050151 letter Edmonston/Dept Publ Works to Wright; Ap approved, $8.60
now due, if not received within 30 days will revoke;
050751 receipt from Wright, $8.60 permit fee
050851 letter Edmonston/Dept Publ Works to Wright; permit on reverse of
enclosed ap copy; extensions on good cause, progress reports,
050951 return receipt cards
1952
102752 Progress Report by Permittee for the Year 1952; "Built dam &
spillway at a cost of $2900"; made use, "stockwater & recreation", all
12 months, filled in winter, did not use as much water as expected,
will use full "As soon as I get in my pasture, probably '53"
1953
100853 Progress Report by Permittee for the Year 1953; additional works
required "distribution system"; used now for stock & recreation all 12
months; expect full use 1954; collected water during the "rainy season";
"1 year extension of time requested; owner will be absent from ranch on
business part of 1955 and desires to direct construction personally"
1954
111954 memo Johnson/Assistant Hydraulic Engineer to Files; On 11/18
"Mr. E.A. Wright called at the office in connection with Application
14115. During the visit he stated that the dam has been constructed and
has been used for domestic and recreation purposes. A one year extension
of time was requested to complete construction and apply the water to
irrigation of 220 acres named in the application."
UNDATED Progress Report by Permittee for the Year 1954; not filled out,
crayon "see memo dated" 11/19/1954
1955
020355 Water Right Order for Signature of State Engineer or Assistant
State Engineer"; order granting extension, per statements in progress
reports
021455 Order Granting Extension of Time within which to Complete
Construction and Use; to 12/01/1957; "WHEREAS good cause has been shown"
[uh, where?]
021555 letter Banks/Dept Publ Works to Wright; order to extend
to 12/01/1957 entered
021755 return receipt card
1956
011556 letter Banks/Dept Publ Works to Wright; sent you progress report
form 10/01/1955 & reminder post card 11/15/1955, progress report is required;
if a problem, please inform
112656 Progress Report by Permittee for the Year 1956; water 550 cows &
calves; swimming, boating, hunting & fishing, thru out year; estimate
complete use by 1958
1957
061257 letter Spencer/Supervising Hydraulic Engineer to Jamieson;
on 07/08/1957 Wright notified 14115 & 16144 & 16886 assigned to you;
061757 Notice of Assignment, to Hugh W. Jamieson, Jr. and Phyllis M.
Jamieson, husband and wife, c/o Alex Johnson, Elk Creek, California
121157 Progress Report by Permittee for the Year 1957; 600 head of stock;
swimming & boating; used stock water during winter months, expect longer or
different season: "Planted 30 acres irrigated pasture for 1958 use.
Arranging to install domestic water system to supply two dwellings and
gardens and lawns" "Plan to add to irrigated pasture acreage if water
supply adequate" "Present owners took possession in" 06/1957. In 01/1957
"the Supervisor of Dams Department notified the then owner - Edward A.
Wright - that changes in the dam and spillway would be required to
secure approval of the work and Mr. Wright has agreed to have the
required changes made at his expense. [para] It is our understanding
that these changes will be made about" 10/01/1958 "so that we shall
lose a minimum quantity of stored water."
121157 Notice of Expiration; "see item 7 of Progress report", estimate
full use in 1959; "check Received $5.00" 12/13/1957
121657 receipt $5.00 permit extension fee
1958
111158 Approval for Signature of State Water Rights Board or Chief
Engineer, Extension Order - Class [blank]; 100% complete, but progress
report shows "Plan to...."; Extend to 12/01/1959
012158 Order Granting Extension of Time within which to Complete
Construction and Use; to 12/01/1959
012158 letter Jopson/SWRB to Jamieson; extension to 12/01/1959 granted
012258 return receipt card
081958 memo, Brown/Engineer of Dams to Jopson/SWRB; on 08/18/1958
Alex Johnson, Elk Creek filed with Engr of Dams to build an earth dam
35 feet hight with 400 a-f capacity for $4,000 in NW 1/4 S9 T20N R6W
MDB & M for irrigation storage, Dam is already constructed [how did it
get to 400 a-f? see various discussions below]
100658 Progress Report by Permittee for the Year 1958; "completed but
is being altered on instruction of Division of Supervision of Dams;
use commenced, estimate 120 a-f, 27.25 acres irrigated pasture, 575 head
of stock, 5 hp motor on pump for domestic; boating, fishing, swimming;
used every month; not used as much as expected, "may experiment with
full use on dry range"; extimate capacity 400 acre ft; filled October,
overflowed balance of winter; Johnson, Agent; "The Division of Dam
Supervision has required additional work on the dam and the spillway
and the contractor will be on the job any day now (" 10/06/1958). [para]
"While expense has been minimal on improving no construction has been
done, so no expense incurred as of today." [difficult to read]
1959
111959 Progress Report by Permittee for the Year 1959; cost over past
12 months $12,381.22, "Bringing dam to conform to requirements of State
Division of Supervision of Dams"; irrigated pasture 47 acres; 825 head
of livestock; domestic yard and garden; boating & fishing; "Irrigation
Apr to Oct. Stock water" 01/01/1959 - 05/13/1959 "and to Dec 31"; future
"About the same"; "Evaporation this year seemed to be greater than usual."
use estimated 135; collected Dec to March
1960
053160 SWRB to Jamieson; 06/06/1960 F.M. Kuchta will inspect
061460 F inspect 06/09/1960 F.M. Kuchta , accompanied by Alex Johnson,
Ranch Manager (Phyllis Jamieson's father), also info from Dam Department;
"incomplete insofar as the establishing of use of water is concerned.
Construction work to bring dam up to State requirements for safety, was
completed in 1959 or late 1958. [para] Ranch Manager Johnson is submitting
a request for a three year extension of time to allow feasible development
of the place of use to be made and to establish use of water on the
developed land. Since permittee acquired this property only in" 06/1958
"and circumstances attendant to this filing were definitely adverse, it
appears that a full three year extension is warranted." POD appears to
be erroneous; see A-18965 is actually the same point of diversion;
"Appears from records of Division of Dams that original tie was in
error -- correction needed only." diligent under present ownership,
"former owner was diligent, but, did not comply with safety requirements."
"Reservoir - about 400 acre-feet" per 18965; [to p. 2] Changes in POU
"Acreage will be considerably reduced - probably will not exceed 85 to 100
acres when complete." "All acreage will lie within original" POU except
for maybe "15 acres which may be served south of reservoir." "reservoir is
in a gorge, necessitating a rather high lift for application, much of the
soil is of poor quality--development of the additional acreage will have
to proceed on an experimental basis, to determine which acreage can
profitably be served and which would be better (more profitably) used
as dry pasture." "about 27 acres of mixed clover pasture is served by
sprinkling. Some additional acreage will be sprinkled and some will
be flood irrigated late in fall to give early winter feed (before heavy
rains begin)--this method will be used in particular on soil that is not
of sufficiently high fertility to warrant full development." "about
27 acres of mixed clover pasture and water for about 900 head of cattle."
"reservoir completely fills with first good rain" Other rights: "Riparian
to this stream & also Stony Creek (a portion of the land) Also has A-18965
for an additional 200 AF storage in this reservoir (same source) and
A-16144 for 2000 AF storage from Salt Creek." [to p. 3] costs: $12,381.22
to bring up to State safety requirements, $24,000 on construction of dam and
rebuild pumps, sprinkler lines, etc., before that; irrig began 1958;
clearing other pastures continuing; obstacles: "not be profitable to
serve some (about half) of the proposed place of use - poor soil quality
and lift too great from reservoir." test for which areas will be
profitable; finances not a problem; [to p. 4] "...No area-capacity curve
was filed with this application and Dam Supervision Section of Department
of Water Resources does not have an area-capacity curve. Applicaton states
that the capacity of the reservoir is 200 AF, but Mr. Johnson, the ranch
manager stated that it was about 400 AF, with which approximation Dam
Supervision seems to agree. There is no slope gage on the dam and
Mr. Johnson paid no particular attention as to how far reservoir was drawn
down except that the suction line on the pump is 40' long (presumably at
a 3:1 slope) and reservoir was drawn down so that a whirlpool was forming
over the suction at the end of the season, which would suggest that it was
drawn down possibly 9' during the season. [para] Mr. Johnson estimates that
4 acre-feet per acre was applied to about 27 acres of mixed clover pasture
or a use of (27 x 4) 108 acre-feet. Information as to actual pump operation
agrees fairly well with this estimate: [para] Pump was in normal operation
at time of inspection so pressures of discharge on the sprinkler system
could be measured, and were found to vary from 32 to 37 psi--with 62 No.
860 Buckner Rainer sprinklers operating, each with a 5/32" nozzle.
According to the Rainbird charts, the nozzles were delivering about 4 gpm
each or a total of 248 gpm = 0.55 cfs. It requires about 7-1/2 - 23
hour days to serve the acreage and an attempt was made to serve it every
10 days from about May 15 to about October 1, a period of about 138 days:
7.5 x 23/24 x 3 = 21.6/30 = 72% of time in operation 0.72 x .55 = 0.4 cfs;
0.4 x 138 x 1.98347 = 110 AF used (approximately); In addition, some water
was lost to evaporation and some to seepage plus some water that was
released into the creek during winter months before heavy rains began for
watering of about 900 head of cattle. [para] REMARKS [para] Permittees
are requesting a full three year extension of time and although the filing
has been under extension for five years in addition to the three years
granted at the time of issuanmce of permit, it appears that the full time
presently being requested is warranted, chiefly because of the conditions
which existed at the time present owners acquired this property and filing
in June 1958. [para] It appears that the original applicant, Mr. Wright,
filed the application in the amount of 200 AF p/a and stated that the
reservoir capacity was 200 AF simply to avoid engineering requirements that
would have been imposed had he admitted that the capacity was far in
excess of that figure, as now appears to be the case. Further, the dam
was not constructed under State Supervision and as constructed did not
meet State specifications as to safety. In addition, Mr. Wright was
a boating enthusiast and the reservoir was constructed chiefly for
recreational purposes with any benefit that might be derived from it for
irrigation purposes, being purely incidental. It is built in a gorge,
requiring a high pumping lift to land that is of poor quality, at best.
[para] Since present owners have acquired the property, to meet State
safety requirements it has been necessary to raise the dam about 2-1/2
feet, widen the spillway by about 30' and remove a section through the
dam to a depth of about 20' from its present crest level to install a
12" pipe with valve so that water might be released if it appeared
necessary from a safety standpoint. The cost of these changes was in excess
of $12,000, whereas the original cost of the dam is believed to have
been only about $3,200. [para] The dam now meets state specifications as
to safety, but considerable time will be required to determine which land
can profitably be irrigated, considering only the cost of lifting the
water to the various levels, and the fertility of the soil. Presently
being considered is about 20 acres of fairly level land north of the
reservoir and immediately adjacent thereto, an additional 40 acres of
steeply sloping to rolling land, also to the north of the reservoir, but
further removed and possibly 15 acres of fairly level land on the bluff
to the south of the reservoir which requires a very high lift. Soil
depth is being checked and experimental plantings being made to determine
soil fertility."
Sketch of Dam; photos; Wright Dam, original crest elev 746.7, present
749.0, length 300', top width 10', downstream dam elev + or - 719';
downstream 2-1/2 : 1 slope; upstream 3 : 1 slope; 12" pipe thru dam,
screw gate control upstream elev 730'; spillway elev 740.5, original width
= 30', present = 45'; photos: 7-7 across reservoir from dam, pier out
to ladder down to float for fishing or swimmimg?; 7-8 from bluff on south side res; 7-9 some of the land to be developed; 7-10 land to be developed,
all photos 06/09/1960;
060960 Extension Petition; 3-year, spent to date $24,000, 100% complete
in '59, full use by end of '62 season; Why not completed within time
allowed "Necessary to bring dam up to State specifications after
acquiring property in June of 1957, also land to be served is rough and
rolling and much of it required clearing of timber. Development must
proceed slowly on more or less experimental basis as only portions will
prove to be worth developing because of soil quality and elevations
above water level in reservoir. It is believed that by the end of the
1962 season, the development will have been completed or at least definite
plans as to development will be complete." [drafted by Mr. Kuchta?]
061060 Receipt $5 extension fee
100660 Order Granting Extension of Time within which to Complete
Construction and Use, to 12/01/1962
090160 Approval for Signature, Extension order - Class [blank];
to 12/01/1962
100660 letter Hill/Executive Officer to Jamieson; order extending to
12/01/1962 granted
100760 return receipt card
1961
112961 Progress Report by Permittee for the Year 1961; completed?
"probably yes"; more construction? "Possibly will make use of portable
permanent pump (now on hand) to lower reservoir below present permanent
pump suction." max use? "Not known - but Reservoir drawn about 10'";
27 ac. mixed clover pasture, max 944 head cattle, fishing & boating;
expect to fill? "could completely fill any winter in 24 hours" how much
used? "about 10' drawdown"; use in any season? "+ or - 100 acre feet"
1962
092392 Progress Report by Permittee for the Year 1962; use as great?
"No. We pump to suction limit with present pump but may be able to
irrigate additional acreage with pump at a different site." source goes
dry? "Yes...no record kept, but soon after rain stops." draw down?
"12 feet" irrigate? 27.5 acres, "Irrigated pasture - clovers & grasses";
Stock watering, number of animals "2358" [! animals? ]; boating, fishing,
swimming, and duck hunting; domestic "1/3 acre lawn - no house use"
093062 Notice of Expiration (questionnaire?); [is this a request for
extension, or not?]; % complete, "Completed"; year in which full use
will be made? "3 years" [hence?]; reasons why not yet? "Full use of
water for irrigation requires an additional installation of power and
pump and the outlay of necessary funds"
092462 Receipt $5.00 permit extension fee
1963
070163 notice of inspection by F.M. Kuchta on 07/12/1963
071263 Request for License; [Form 76D] "(200) acre-feet per annum to be
collected from about November 1 to about December 31 of each year."
"stockwatering and recreational uses" [no domestic?] & irrigation of
8 acres within NW 1/4 NE 1/4 S9 T20N R6W MDB & M, and
19 acres within NE 1/4 NE 1/4 S9 T20N R6W MDB & M, 27 acres total; "This
constitutes a petition to correct the description of point of diversion
and place of use."
071263 Report of Inspection; on 07/12/1963 , F.M. Kuchta w/Mr. Alex
Johnson permittees' "agent & manager of the ranch"; Diversion: POD as
in permit? "Perhaps - but use 'tie' from 18965" [meaning?]; If not, when
will petition be submitted? "76C constitutes petition to correct" [Form 76D?];
If diversion point has been moved...? "Has not been moved -- not a regular
shaped section -- new tie may be more accurate." diversion system complete?
"Yes...Complete to extent necessary to establish full use under this
filing -- pump may be moved to allow another 125 af to be removed from
reservoir (under A-18965.)"; diligence? "Yes"; limiting capacity?
"Wright Reservoir -- 400 AF"; how determined? "Survey by August J. Hoever
RE #2042 Survey of reservoir & map drawn with 5' contour intervals -- see
area-capacity curve Page 4 of this report." [to p. 2] change from POU in
permit...? "Considerable reduction in acreage -- from 220 acres down to
27 acres. Actually area irrigated is within originally proposed area but
was only vaguely described in application....76C [D?] constitutes petition
to correct description" POU developed to full use? "yes--to extent this
permit...An additional 15 acres of land may be planted to pasture and
sprinkled after pump has been moved to allow use of an additional 125
or more AF from reservoir." Major use "Irrigation: About 27 acres of land
is served by sprinkling -- diversion direct from reservoir. Stockwatering:
Cattle drink from pond and/or from troughs in the corrals -- 2" pressure
system keeps troughs in corral full. Recreational: Canoing [sic], boating
and swimming." Wasteful? "No...Collected during season of surplus flow,
for irrigation use the method of sprinkling is used during which is
conservative -- stockwatering and recreational are more or less normal."
Max? "27 acres of mixed clover pasture -- 900 to 3500 head of cattle watered
and recreational use as noted." Max diverted, etc.: about 225 AF, plus
175 held over in dead storage, for "Stockwater & more will be used under
A-18965 later." Other rights "Application 18965, Permit 12374 covers
remaining 200 AF in reservoir not covered under this filing. Riaprian [sic]
to stream. Also have other filings on smaller stock ponds in the
vicinity." [to p. 3] per Mr. Johnson "Reservoir is full by time 3" of rain
falls in fall - always by end of December." "Survey & Area-Capacity curve by
R.E. August Hoever in 1959." formulas "From R E Map" "No direct diversion.
From description of winter flows by Mr. Jonson -- maximum flow probably 400
cfs or more -- has filled reservoir in 24 hour period." [to p. 4]
recitation of Mr. Wright's actions as described in previous inspection
report; plus "in one year the reservoir was drawn down about 325 AF--of
which about the normal amount (as shown on area-capacity curve below) was
withdrawn for irrigation but it was a very dry fall and early winter and it
became necessary to release water into the creek for stockwatering use at a
feed lot beside Stony Crek. This was done only one year and the feed lot
has now been abandoned so such use is not likely to occur again in the
future. [para] Mr. Johnson presently, tentatively, plans to move the
irrigation pump from its present location and attach the suction to the
lower end of 12" release pipe which passes through the dam at an
elevation (top) of almost 727'. If this is done, it will allow about
100 AF additional water to be removed from the reservoir for irrigation
which in turn will constitute a withdrawal of near 125 AF under companion
filing A-18965"
General Sketch of the Project [p. 5]; "Reservoir and irrigated acreage
traced from aerial photograph and approximate location of Section lines
added from map filed in connection with Dam Filing #371; Wright Dam - #371
is about 300' long (to spillway) is 44' high has 8-1/2' of freeboard and
a spill way that is 45' wide at its entrance. Contour map of the
reservoir was filed in support of A-18965 and may be found in that file
if needed." Map; "an addtional 15 Ac of land may be planted & served in
this area [peninsula between left thumb & finger upstream]," to 27 acres,
+ or - 1/2 mi 8" alum. pipe, thence along north side of parcel to two
cross pipes in the lower 19 Ac, mixed clover pasture; [decent drawing]
photo, upstream from dam, showing pier, outlet-pipe control, ladder [?]
down to floating platform
122763 letter Hill/Executive Officer to Jamieson; under permit 8532
[Ap 14115] max use was within the extension period so no further processing
of the extension is necessary, but "unable to return a filing fee once it
and the extension request are accepted." [any reason?] BUT, on the other
one, 18965, it appears more construction is needed and thus an extension
is needed so please petition for it and send another $5. [kinda chicken?]
1964
021164 Check for Change; [checklist] "Correction of description of"
POD/POU "brought about by plotting from aerial photos & map filed with later
filing A-18965." "Checked plat map & wall map and there appears to be no
conflict with any other application."
032364 Order Allowing Correction of Description of Point of Diversion
and Correction of Description of Place of Use; correction, no "injury to
any other legal user of water,"
022864 Approval Sheet, Change Order or Correction Order; "Order allowing
correction of description of point of diversion and place of use."
032364 letter Hill/Executive Officer to Jamieson; enclosed is copy of
order allowing correction of POD & POU
032464 return receipt card
122950 Application to Appropriate Unappropriated Water; permit copy /
work copy;
021455 Order Granting Extension of Time within Which to Complete
Construction and Use
032364 Order Allowing Correction of Description of Point of Diversion
and Correction of Description of Place of Use [glued to ]
061060 Order Granting Extension of Time within Which to Complete
Construction and Use [glued to ]
012158 Order Granting Extension of Time within Which to Complete
Construction and Use
040264 Check for License; checklist
1965
020865 Approval for Signature, Water Right License [out of order
after license & undated map; form dated 04/22/1964 but signed
02/08/1965 ? ]
031065 License for Diversion and Use of Water;
UNDATED hand drawn map on small section [S9] sheet showing Stony,
unnamed Stream, dam, reservoir; is 19 acres on both sides of Stony?
[another copy of the one loose in back of file]
031065 letter Hill/SWRB to Recorder/Glenn County; enclosed license to
be recorded i/a/w Water Code §1650;
031065 letter Hill/Executive Officer to Jamieson; copy of license
enclosed, this completes the procedure
031265 return receipt card
031065 License for Diversion and Use of Water; recorded copy
1967
042567 letter Jamieson/H.W. Jamieson Enterprises to SWRB; 14115, 18965,
20615 assigned to Sandy Lake Company, a Limited Partnership; #20614 to
Elk Creek Association, a Limited Partnership; both c/o Winitsky &
Sellers, Beverly Hills
042667 Report of Inspection; F.M. Kuchta unaccompanied, interviewed
Mr. Huff, Ranch Manager and Mr. Winitsky by phone; irrigation abandoned,
27 acres "not been irrigated for about four years. The sprinkler pump
has been removed." [to p. 2] "reservoir was originally constructed by
Mr. Wright for sail boating." "maximum 2000 head of cattle have access
to this reservoir" "Mr. Huff stated that the reservoir is only drawn
down '5 or 6' feet since irrigation has been abandoned. This would
result from stock use, evaporation and seepage and would roughly indicate
a 'drawdown' of about 150 acre-feet." "This 10,000 acre ranch has been
divided. About 6000 acres (northerly) by Sandy Lake Development Company
and about 400 acres near Stony Gorge Reservoir by Elk Creek
Associates--both handled by Mr. Winitsky
042667 photos; Wright Reservoir Westerly across reservoir, and northerly
to dam; quite a bit of vegetation filling in
050367 letter Hill/Executive Officer to Winitsky & Sellers; acknowledge
change of ownership
1969
100169 Report of Licensee for 1967, 1968, 1969; used entire year, spilled
each year; max storage "8 ft" below spillway [sic]; end of season drawdown
20' below spillway; no irrigation 350 head of "Commercial"; 1/4 acre garden;
fishing; 1 h-p power motor; "supply water to stock corrals, we water yards"
1975
120575 Report of Licensee for 1973, 1974, 1975; used entire year, spilled
first two, not yet on 1975; 3' below spillway first 2; 25' drawdown each
season [wow! if not irrigating, used for what?]; 125 head of beef; small
plat of garden; fishing;
1976
0227?? Contact Report Rinehart/Div WRights; "Mr. A.H. Huff stated that
property has been divided and Mrs. Phyllis Bostrick [sic] is a co-owner. A
letter will be sent."
031776 Contact Report Rinehart/Div WRights & Winitsky/Sandy Lake;
"confirmed that A20614 and A20615...are owned by Phillis Bostick, and
that Mrs. Bostick also owns a portion of the land adjacent and
inundated by Wright Reservoir which is covered by A14115 and A18965...[para]
Assignment will be made accordingly. [para] Mr. Winitsky stated that he
has authorization as General partner, to act as agenct in bahalf of
Sandy Lake Co., Partnership"
032476 letter Page/Supervising Engineer to Phillis Bostick: acknowledges
change in ownership & receipt of Huff water use reports
032576 letter Bostick to Carroll/Div WRights; per phone conversation
today, know nothing of the Huff reports & is not co-owner with Sandy
Lake of anything; boundary with Sandy Lake crosses "an artificial lake
at one point"; "You agreed to write sending full information and a map
which would show how the water mentioned is situated and which ponds the
licenses cover." cc Geiss, MacFarland and Meckfessel, Willows
040276 letter Page/Supervising Engineer to Bostick; enclosed are
copies of topos showing reservoir locations, & copies of licenses which
cover water use in these reservoirs;
041476 letter Bostick to Carroll/Div WRights; received, will come to
Sacramento to discuss in person
042976 letter Page/Supervising Engineer to Bostick; thanks for 04/20/1976
visit; apparently does own with Sandy Lake Lic. 8551 [Ap 20615],
8688 [18965], 7202 [14115] but nothing with Elk Creek Associates on
8550 [20614];
1978
121878 Contact Report Smith/Div WRights and Bostick; "Mrs. Bostick
called with some questions re: License Reports for above filings. I
helped her as best I could and she asked that we send her copies of these
3 licenses [Aps 14115, 20615, 18965]. She said that co-owner Elk Creek
Assoc (Lice 744) has sold the property but she is not sure to whom.
She is in contact with some of partners of Elk Creek Assoc and will
encourage them to inform us of the changes. [para] Mrs. Bostick also
has a new address: Phyllis Bostick (formerly Mrs. Jamieson),...
020779 For Sandy Lake, Partnership Project Operations, call Tex Huff,
Ranch Manager, 916-968-5331
1979
010979 Report of Licensee for 1976, 1977, 1978; for each year used
all months except June - Oct; not emptied any year; no irrigation;
400 head Herefords "on total acreage served [garbled]"; hunting, fishing
032979 Report of Licensee for 1976, 1977, 1978; for each year used
all months except July - Oct; no spill 1976 & 7, yes spill 1978; 4 feet
below spillway at max [?]; not emptied any year; 25 feet down end of
season; 100+ head of beef cattle each year; 1976 small garden & lawns,
77 & 78 "small + lawns"; fishing; [2 different reports for the same
years?]
1983
042758 [sic] 042983 F Report of Licensee for 1980, 1981, 1982; no
spill 1980; yes spill 1981 & 1982; 1980 3' feet down from spillway max;
end of season 1980 14, 1981 12, & 1982 8 feet down at end of season;
irrigated 3 acres each year, garden; 300 head cattle & horses 1980;
300 to 500 cattle & horses 1981 & 1982; domestic 3 persons, 3 acres
approx; swim boat fish; conservation: livestock only; erosion control
methods: "poison squirrels"; after use: "livestock watering - gardens
yards for 2 houses [horses?]"; "these animals are moved about often"
1986
102786 contact report Espinoza with Mr. Bernard Doorman; "representative
for the Sandy Lake Company. He is the person who completes the Report
of Licensee forms. The Report forms for the above applications will be
sent to Mr. Doorman, who will complete them and send them back. he also
asked that a copy of the 1980, 1981, 1982 reports for the above
applications be sent to him...Corona Del Mar"
110186 Report of Licensee for 1983, 1984, 1985; use every month except
June-Aug; spilled each year; 8' down at end of each season; irrigated 3
acres garden; 300-500 cattle - horses; domestic 3 acres; swim-fish-boat;
conservation: "livestock only"; minimize erosion: "poison squirrels";
after use: "livestock watering - garden and yards - 2 horses"
1988
122088 letter Marvin M. Gevurtz/atty to SWRCB; Sandy Lake property
transferred to Fritz Mast & Alma Mast 08/30/1988, forwarding;
1989
041189 handwritten note thereon, "called Mr. Gevurtz in reference to
interest of Phyllis Bostick who is a co-owner of the water rights with
Sandy Lake Company. I also needed information on ownership of A-20615.
Mr. Gevurtz referred me to Alex Winitsky...."
041789 contact report, O'Hagan/Div WRights and Alex Winitsky Ofc;
"I contacted Mr. Winitsky to confirm that Friz & Alma Mast should be shown
as sole owner of the above water rights. (Needed to confirm that the
Mast [sic] also purchased the interest of Phyllis Bostick, co-owner
with Sandy Lake Company.) Mr. Gevurtz letter" 12/20/1988 "also failed
to mention if Mast should be shown as owner of A-20615 (owner on record
Phyllis Bostick, Sandy Lake Company and Elk Creek Associates.[ no close
paren] Mr. Winitsky confirmed that Mr. & Mrs. Mast are owners of these
rights. He stated that Mrs. Bostick and Elk Creek Associates sold all
interest in the property held in conjunction with Sandy Lake. [para]
Fritz Mast. Mr Mast called me to discuss water rights. He informed me
that he also acquired the property owned by Elk Creek Associates."
041989 letter O'Hagan/Permit and License Unit to Mast; changing to
your name 14415, 18965, 20614 & 15; copies of licenses & topo maps
enclosed
051189 contact report John O'Hagan by Fritz Mast; "Mr. Mast called
in regards to my ownership assignment letter dated" 04/19/1989. "He stated
that he check [sic] his property lines and locations of the reservoir
[sic] covered under the above licenses and determined the following:
A-14115 & A18965 - This large reservoir is located on Mr. Mast's
property. A portion of the upper end of the reservoir is located on
Mr. Doug Campbell's property. Mr. Mast stated that he contests any
interest in the water right that Mr. Campbell claims and will be resolving
the matter with Mr. Campbell. I informed Mr. Mast that our records would
remain as assigned in my letter dated" 04/29/1989 [pencil changed to
04/19/1989] "until contest in ownership is resolved (per Section 832 CCR);
A-20614 - All reservoirs are located on property owned by Mr. Mast
A-20615 - Mr. Mast informed me that Reservoir [sic] #1, #3, #6 and
#15 are not on his property. He believed that Reservoir #1, #3, & #6 are
on Mr. Campbell's property. [para] I informed Mr. Mast that we would
split license #8551 (A-20615) when correct ownership at Res. #1, #3, #6,
& #15 are determined." Action: "Real Estate check for Ownership & split
licenses" [see Real Estate chedk papers in back of file]
1990
010490 mini memo O'Hagan to Mast; "Enclosed is a copy of License 7202
and a map showing the 27 acre Place of Use (irrigation). Also enclosed
is a complaint form which you requested. Important items to remember:
- (1) Upstream neighbor ( if his property adjoins reservoir water
surfrace) may be considered co-owner of water right.
- (2) The 27 acre P.O.U. described on the license is the only authorized
area to be irrigated using waters withdrawn from storage. A Petition to
Change the Place of Use filed before our Board is required to irrigate
any other acreage (can be filed by any owner of the water right)
- (3) If the Place of Use has not been irrigated under this license
for 5 consecutive years, irrigation use can be deleted from the license.
- (4) Disputes over private agreements are generally not within
Board Jurisdiction
1992
011992 Report of Licensee for 1989, 1990, 1991; used every month;
spilled 1989 & 1991, not 1990; 1990 3 feet below spillway; end of season
down 1989 6' , 1990 7', 1991 6' "w/evaporation"?; no irrigation;
80-100 head of cattle 1989-90; 60-80 cattle & horses 1991; no gardening;
fishing; minimize erosion: "squirrel control";
1995
041295 Report of Licensee for 1992, 1993, 1994; used every month,
garbled?; spilled every year; stock 500 pair; 3 persons; 5 [acres?]
garden; fishing;
1997
042297 Report of Licensee for 1994, 1995, 1996; used every month except
June-Oct, or Jul-Oct 1996; no spill 1994, spilled other 2, down end of
season 7 feet 1994, 6' other two; 500 pair 1994 & 5, 800 heifrs [?]
1996; 3 people, 5 acres garden; "Note: Sandy Lake, Approx. 25% of this
pond are not in our Ranch but should be recorded in Mr. Harland's Title."
051297 letter Okada/Div WRights to Mast; on your report forms you
request revocation of Lic 8550 Ap 20614; Lic 7202 changed to show
undivided with Mast & Harlan; for Lic #8551 Ap 20615, enclosed is a
form to split off Reservoirs #1, 3, 6 & 15 (36 a-f total) to Mr. Harlan,
also sending to Mr. Harlan to review, if both agree, will change, no fee;
discrepancy on #5? map enclosed, if on Mr. Harlan's please note on the
split request;
2000
040100 Report of Licensee for 1997, 1998, 1999; used every month;
spilled every year; end of year 5' down; 20-50 head at times only each
year; 1/4 acre garden;
2004
010804 bill, $100
2006
040100 Report of Licensee for 2003, 2004, 2005; used every month;
amounts of diversions, "unknown, water level may go down 15 to 20% by Nov.";
spilled every year; stock: "cows & calfs, horses & sprinkle Corrals &
Garden; other: ducks geese & deer"; conservation: "The small % of use
does not need conservation."; "Please check the permit and let me know
if my neighbour [sic, British sp.] to west pays anything. The ranch to
the west used to be part of my ranch and sold of [sic] after the Licens
[sic] were issued. I belive [sic] that I should not be charged fees
since I'm the 1st rancher signed on with the wildlife conservation
programs."
2009
051009 Report of Licensee for 2006, 2007, 2008; used every month;
livestock use Dec - May 31st; spilled every year; livestock: "cows,
calves, horses/sprinkels [sic] corrals & garden; other: ducks & geese;
conservation: Small % of use not needed to conserve"; signed for
"The Mast Family Ltd Partnership"
Return to Stony Creek Water Wars.
--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com