THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley (04/13/2010)
Comprehensive, Chronological INDEX of the case ; F=Filed, L=Lodged, S=Signed, R=Received
SWRCB APPLICATION A018965 - Jamieson/Fritz Mast Case Index
[see also
http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l008688%20a018965.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
Address: 4 Cielo Court, Orinda, CA 94563
Application 18965 [pencil 14115, 16886 - C, 16144 - C, 20614, 20615]
Applicant: Hugh W. and Phillis M. Jamieson
Date filed 09/03/1959
Maps Filed 09/03/1959 E; 01/26/1960 E;
Forms Sent 03/16/1960 8,8a,8b
Fee $10.00
Protests:
041260 GCID Ans 04/14/1960, Dism/Withdrawn 05/16/1960
Remarks
012660 Amended Application Received
032260 Affidavit of Posting Received
080260 Permit 12374 issued
062664 Ext. Petition rec'd
062464 Rept. of Insp. by F.M. Kuchta
031665 Ext to 12/01/1966 to complete construction & use;
041067 Rept. of Insp. by F.M. Kuchta
042667 Received Notice of Assignment To Sandy Lake Company, a Limited
Partnership;
071067 Pet. to Change Character of use and place of use;
071968 License 8688 issued & mailed to Glenn CR;
042976 Records chgd to show Phyllis Bostick & Sandy Lake Company, a
Limited Partnership as owners;
101289 Assigned to Fritz Mast;
Record of Fees:
Record of Folders
[Inside of file back cover]
Progress Data Application 18965
Source Unnamed Creek to Stony Creek
Amount 200 afa
POD NE 1/4 NW 1/4 S9 T20N R6W MDB & M
Right of access yes
Capacity conduit 500 GPM
Maps: 1 tracing, 1 print
Ref map II p. 22 Elk Creek
Remarks, cleared by hearing section 05/24/1960 KLW
spotted on Wall Map 09/14/1959 W.G.S.
In form 02/02/1960 WGS
Notices to: Reclamation
LOOSE PAPERS IN BACK OF FILE;
071167 Check for Change, petition 07/10/1967, fee $10, form 16B (Request
for License); "Irrigation use dropped about 4 years ago. Use now is
Stockwatering & Recreational. Place of use is at the reservoir for
both stockwatering and recreational uses." Forms to be sent "change
order"; Clauses to be used "Special clause under season";
071167 Route Slip
012660 F Contour Map of Reservoir, Wright Dam and Reservoir, located
just north of Elk Creek in Glenn County, 23 mi. NW of Willows, July 1959,
August J. Hoever, Willows, Cal. Reg. Engr #2042, Lic. Sur #1935 [bottom
of lake below 715', bottom of downstream edge of dam 719' per Ap 14115?
[difference is earth fill source?]
UNDATED General Project Map, Wright Dam and Reservoir; shows Elk
Creek streets, reservoir, locations of parcels intended to be irrigated
north of south, east, & north of diverted stream, plus parcels between
in the broad bend of Stony between road & Stony north of bridge & road
to Willows;
UNDATED envelope says "Superseded", empty
UNDATED taped together photocopy topo map showing 17 Mast ponds [?]
PAPERS "BOUND" IN FILE (re-sorted in date order):
1959
090359 Application to Appropriate Unappropriated Water; Superseded,
Hugh W. & Phyllis M. Jamieson, c/o Alex Johnson, Elk Creek, 200 a-f/annum
collected 11/01 - 03/14 each season, for irrigation; POD south 792' &
West 66' from the N 1/4 corner of S9 T20N R6W MDB & M; Point of rediversion
3,000' East of 3,000' North of SW corner S3 T20N R6W MDB & M within
NE 1/4 of NW 1/4 S9 T20N R6W MDB & M, Glenn County, terminates in portable
sprinkling sytem; dam 35' high, 320' long, 8.5' freeboard, earth; flood
land in NE 1/4 NE 1/4 S8, N 1/2 NW 1/4 S9 T20N R6W; surface 27 acres,
capacity 400 a-f, 200 a-f included in #14115; capacity of pump or
conduit 500 gpm; cost $2,400; project existing; proposed use
25 ac SW 1/4 NE 1/4 ,
10 ac NW 1/4 SE 1/4 ,
40 ac NE 1/4 SW 1/4 ,
50 ac E 1/2 NW 1/4 all S3;
40 ac SE 1/4 SE 1/4 ,
80 ac N 1/2 SE 1/4 ,
40 ac SE 1/4 NE 1/4 ,
40 ac NE 1/4 SW 1/4 , all S4; all in T20N R6W MDB & M;
own the land; 325 acres to be irrigated 05/01 - 11/15;; downstream
claimants, OUWUA & GCID;
090259 tag stapled to front, OK to File, WGS
UNDATED Jamiesons authorize Alex Johnson to sign on their behalf;
090459 receipt $10.00 Application
090859 form letter Hill/SWRB to Johnson; Ap received, assigned #18965;
091859 letter Hill/Executive Officer to Jamieson; need from your
engineer 1) area curve of reservoir & 2) general project map; & thereafter
amend your Ap "so that the map and the application are in agreement."
102059 letter Dugan/Reclamation to Hill/SWRB; add his name to mailing
list for 10 aps including this one
102259 letter Hill/Executive Officer to Dugan/Reclamation; added your
name to those mailing lists;
120259 letter Hill/Executive Officer to Jamieson; not yet received info
requested 09/15/1959; will cancel in 60 days if not received;
120359 return receipt card
120759 letter Johnson to Hill/SWRB; "I have your notice re Application
#18965 and immediately phoned Mr. A.J. Hoever, Civil Engineer, who was to
complete the map. Mr. Hoever promised to get the data to you immediately..."
1960
012960 letter Hill/Executive Officer to Jamieson; amended Ap & supporting
maps delivered to SWRB office by Mr. Hoever 01/26/1960. Further action in
due course....
020860 form letter SWRB to DWR supervision of Dams; details on ap;
031660 form letter to Jamieson; enclosed notice to post by 03/31/1960
with affidavit by 04/25/1960;
031660 Notice of Application to Appropriate Water; mailing list on back;
031660 form letter Hill to Elk Creek Postmaster; please post
031860 return receipt cards
032160 Affidavit of Posting Notice; "on the bulletin board in the Elk
Creek Post Office and General Store in Elk Creek, Calif" & "on a conspicuous
place in the entrance to Bickford's Garage in Elk Creek, Calif."
032460 form letter Hill/SWRB to Jamieson; acknowledge received
affidavit, action to follow;
041160 letter Dwinell/GCID to SWRB; enclosed protests of GCID to
18965 of Jamieson and 18896 [Kendrick Creek] of Simpson Finnell, Jr.;
041160 Protest; GCID, Deprive protestant of water it requires for
irrigation of land within its boundaries and to which it has established
right; "The past and present use of the Protestant has required the
district to take all of the water in Stony Creek for irrigation
purposes [regardless of whether or not it was entitled to?]; may be
discharged & dismissed if "the diversion season named in said application
from November 1 of each year to March 14 of the succeeding year is
changed to read from December 1 of each year to March 14 of the succeeding
year.", protest served by mail";
UNDATED stapled to the back: "The Glenn-Colusa Irrigation District
during the past six years has supplied water to approximately 50,000 acres
of rice, 6,000 acres general crops, and 20,000 acres of clover each year and
to supply these crops its water rights are fully used. [para] Water was
first diverted and used by the Central Irrigation District (predecessor of
protestant) in 1883, then use was expanded under its successor, Glenn-Colusa
Irrigation District, to the extent that during the irrigation season of
each year all waters of Stony creek are diverted into its canal by means of a
dam across the creek approximately one-fourth mile west of Stony Creek
bridge. [para] The district's rights and use of water from the source from
which applicant proposes to divert is based upon the following Notices
of Appropriation, duly posted and recorded as were required by the Civil
Code of this State, and which rights are now owned and held by the
Glenn-Colusa Irrigation District.
- 1. Appropriation by M.H. Sheldon of 5,000 sec. ft. of water from Stony
Creek, Notice posted" 04/15/1903, Recorded 04/16/1903, "Book 2 of
Miscellaneous Records, Page 66, Glenn County Records;
- 2. Appropriation by Central Canal and Irrigation Co. of 5,000 sec.ft.
of water from Stony Creek; Notice posted" 11/23/1904, Recorded 11/25/1904,
"Book 2 of Miscellaneous Records, page 105, Glenn County Records; and
- 3. Appropriation by Central Irrigation District of 5,000 sec. ft. of
water of Stony Creek, posted" 04/26/1905, Recorded 05/05/1905, "in Book
2 of Miscellaneous Records, page 124, Glenn County Records.
All the foregoing notices posted and recorded and appropriations were
made with the intent of using all of the waters of Stony Creek, to be
carried through the main canal. The headgates on both sides of Stony
Creek were constructed shortly after 1883 by the original Central
Irrigation District (predecessor of Glenn-Colusa Irrigation District)
all waters of Stony Creek during the irrigation season thereafter have
been diverted into the district's canal by means of a dam across the
creek and all waters have been used for irrigation purposes. [para]
The district's right to the water was further sustained in the action and
judgment in the case of U.S. v. Angle, et al, No. 30 U.S. District Court,
in which it was held the defendant, Glenn Colusa Irrigation District is
recognized and entitled as against the Plaintiff, the United States, to
all the waters of Stony Creek and tributaries, except stored waters of
the United States and 265 cubic feet of natural water flow to which the
United States is entitled." [uh, not exactly]
041460 letter Jamieson to SWRB, "willing to stipulate that water
collected between November first and December first should be subject to
a provision "When surplus water is availabe as determined by the U.S.
Bureau of Reclamation."
041860 letter Frost/OUWUA atty to Johnson; affirming OUWUA Manager
Hollis's understanding with Johnson "that you will amend Application 18965
so that the season of your proposed diversion will be limited to the
period of 'December 1, of each year to March 14, of the succeeding year,
and in the month of November when surplus water is available.'" ; if you
advise SWRB so no protests need be filed
041960 form letter Hill/SWRB to Jamieson; protest has been received &
was served on you, please answer it & any other & serve a copy on
protestant by 05/10/1960. If agreement possible, can extend the deadline;
041960 letter Hill/Executive Officer to GCID; received your protests
on 18965 & 18896;
042860 letter Hill/Executive Officer to Frost/atty; received & sending
copy of Jamieson letter, will amend the ap in accordance with the stip;
050960 letter Dwinell/GCID to SWRB; protest may be dismissed if the
following term is used: "When be limited to period Dec 1 of each year to
March 14, of the Succeeding year and in the Month of Nov. when Surplus
water is avabile." [all sic]
051660 letter Hill/Executive Officer to GCID; your 05/09 letter
acknowledge, application amended accordingly, GCID protest dismissed;
UNDATED Inter-Office Memo Jeffs/SWRB to files; "During Mr. Paul M.
Dwinell's visit to this office on May 10 the writer, discussed conditions
of withdrawal as stated on" GCID "protest against A-18965. Dwinell was
informed that" OUWUA "had agreed to a clause which limited the diversion
during November to surplus water and that applicant had agreed to accept
limited diversion during November as determined by the U.S.B.R. [para]
Mr. Dwinell drafted his letter of May 10 and although the words "as
determined by the U.S. Bureau of Reclamation" were not included in his
letter it is the writers opinion that this was understood and that the
wording would not be objectionable to the District."
090359 Application to Appropriate Unappropriated Water; work copy?,
adding machine tally stapled to back, "Total acreage on map and
paragraph 11, 303.10" acres;
note stapled to back, "Place of Use, Irrigation of 303.1 acres consisting
of:
67.0 acres within Section 3,
191.2 acres within Section 4,
44.6 acres within Section 9, T20N R6W MDB & M"; "Unnamed creek flows
into Stony Creek on applicants property, claimants of water from Stony
Creek are" OUWUA & GCID
052660 Check for Permit; protest GCID 04/12/1960, withdrawn 05/16/1960;
"Called supervision of dams - said not to insert dam clause, Applicants
have already filed plans. App 18523 [now 18523A, B, & C ?]- a downstream
user but permit
action has been initiated." Under permit, covered by A-16144, 16886,
P-11225, 11226; [these 2 files are no longer around?]
052760 Permit Terms; penciled in: "8. In accordance with the
requirements of Water Code Section 1393, permittee shall clear the site of
the proposed reservoir of all structures, trees, and other vegetation which
would interfere with the use of the reservoir for water storage and
recreational purposes."
063060 Approval for Signature, Water Right Permit; "No prior pending
protested applications affected."
080260 form letter Hill/SWRB to Jamieson; Ap approved, send $5
immediately; covered by minimum fee 13.2 acres - $5; covered by P-11225,
11226 289.9 acres, total 303.1 acres [no charge?] total due $5
080260 form letter Hill/SWRB to Jamieson; Permit on the back of the
enclosed ap
081160 form letter Hill/SWRB to Dwinell/GCID; FYI, issued permit to
Jamieson
081060 receipt Jamieson $5.00
081260 return receipt card, Johnson for Jamieson
1961
100461 F Progress Report by Permittee for the Year 1961; 27-1/2 acres,
max 944 head, 1/4 acre lawn, fishing & boating; irrigation April - Sept.;
different in future? "Water down below suction level late in September
with present use"; used as much as expected? "Needed more water this year
but excessive evaporation limited further use"; filled? "Reservoir full
spring"; emptied? "Down to pump suction but water still available for
livestock"; collected "November to April"
1962
091962 Progress Report by Permittee for the Year 1962; use as much? "No.
We pump to suction limit with present pump, but may be able to irrigate
additional acreage with pump at different site"; source go dry? "No record
kept, but soon after rain stops"; down at end of season? "12 feet";
irrigation; "27.5 acres Irrigated pasture - clovers and grasses"; stock
watering, number of animals; 2358 [!]; 1/3 acre lawn - no house use; boating,
fishing, swimming, and duck hunting"
1963
120263 Progress Report by Permittee for the Year 1963; use as much?
"About normal use - In a very dry season we have used more"; end of season?
down "12 feet"; irrigation "27-1/2 acres Irrigated pasture" "3563 head";
"2 dwellings, 6 persons, lawn 8,000 sq ft." "Boating and fishing"
122763 letter Hill/Executive Officer to Jamieson; no need for extension
application under 14115 since max use was within permit period but cannot
return the filing fee; under 18965 more construction work needed so should
petition for extension for that one, complete form & send another $5.
[unused payment on 14115 doesn't carry over to 18965 ?]
1964
061764 notice F.M. Kuchta will inspect 06/24/1964 10 a.m.
062664 receipt Jamieson $5.00
070264 envelope "Paid Check $5.00"
UNDATED check stub "Jamieson Ranches, Inc."
062664 Extension Petition; 3-year, spent to date $12,000+; during last
period "Only Maintenance"; percent complete "90%"; estimate date of
completion/max use "1966"; why delayed? "Presently prevented from additional
development because ranch is under lease also water shortage during present
season - reservoir lacked 75 AF or more of filling"; "Rec'd additional
$5.00 ck" 07/02/1964; "Place in uncleared collections to be returned as
fee has already been paid on" 06/26/1964
062664 Jamieson $5.00
070364 Receipt $5.00 to "Uncleared Collections"
062464 Report of Inspection [4th one, see 1960, 1963, 1967 in Ap 14115];
Season 11/01 - 03/14 ("Collection during November allowed only during
those years when USBR states that surplus water is available"; permitted
acreage "303.1 acres"; "appropriation is considered to be incomplete
inasmuch as there is a good possibility that additional land will be
developed and in this case, there will be a greater withdrawal from the
reservoir each year. [para] ...recommended...extension to" 12/01/1966.
"...reservoir is complete and has a capacity of about 400 AF of which
200 AF of storage and withdrawal is covered under prior filing
A-14115. Normal present withdrawal each year is about 225 AF of which
25 AF is covered under this filing--if additional land is developed this
will probably be incresed by 75 to 100 AF." "If addtional land is
developed on northerly side of reservoir an additional pump will be
required." capacity of limiting "Wright Reservoir--400 AF"; how
determined? "Survey by August J. Hoever RE #2042 -- map filed with this
application -- some checks made on various distances and depths by
sounding." [p. 2] "When license is issued there will undoubtedly be a
considerable reduction in acreage --from over 300 down to about 40."
"Present tentative plan (when present lease expires in July) is to level
about 20 acres of the land that is now being sprinkled so that it may
be served in strip checks, then plant possibly an additional 20 acres of
pasture along the northerly edge of the lake which will be served by
sprinkling." "Up to 1964 water was used each year for the sprinkling of
about 27 acres of mixed clover pasture and in addition there was
stockwatering use by from 900 to 3500 head of cattle from the reservoir."
"Water which would otherwise waste into the ocean is collected during
the rainy season--present and proposed methods of irrigation are normal
or conservative for this area." to storage "Normally November 1 to December
1 but this year reservoir failed to fill and there was some collection to
March 1";held over in dead storage "About 175 AF" [to p. 3] evident that
permittee plans to proceed? "Yes--depending upon lessee and possible sale."
diligence? "Yes and No -- 'Yes' under circumstances of land being under
lease to lessee who does not care to proceed further--new contract to be
negotiated in July of this year will cover this situation"; "No previous
extension has been granted in connection with this particular filing and
while a use of 25 AF of the 200 covered under this filing does not seem
very diligent, the use of 225 AF covered under the two filings (with a
total of 400 AF) does indicate a greater diligence and in all fairness,
it does appear that an extension should be granted to" 12/01/1966. "This
is not a simple project to develop from this point on -- some additional
land (about 20 acres) can be developed by simply moving the sprinkler
system and installing an additional pump, but for much of the remainder
of the land, besides clearing, etc. a lift from lake to land of from
80 to 100 feet would be required and it would be very simple to arrive
in a situation where additional development of land would decrease
profits rather than increasing them. [to p. 4] "In addition to the
perplexing situation which faces the permittees as to when the ranch
should be considered as developed, in an irrigation sense, to the most
economical point there will be a puzzling situation when an attempt is
made to license this filing. The earlier filing (A-14115) covers 200
AF of storage in, and withdrawal from Wright Reservoir. The uses covered
are irrigation, stockwatering and recreational. [para] So far everything
appears to be normal and proper; however, when it is considered that the
junior filing covers only irrigation use, the puzzle begins. Presumably,
the first 200 AF removed from the reservoir is covered under A-14115, but
both stockwatering and recreational uses require that some water remain in
the reservoir at the close of the irrigation season. This 'dead storage' can
only be covered under the earlier filing, which in turn means that a portion
of the 200 AF removed must have been covered under A-18965 in order to leave a
reasonable amount in storage for recreational uses of swimming, boating
(reservoir was originally constructed for use by a sailboat) and to
maintain fishlife, not to mention a supply of water to maintain up to
3500 head of cattle through the fall until winter rains begin to refill
the reservoir. the question then arises as to how much of the 200 AF would
be considered as a reasonable amount to cover these uses. Normally, to
date about 175 AF is allowed to remain in 'dead storage' mainly because
the pump can only pull the reservoir down to that point. [para] The
easiest solution, of course, would be to file petition to include
stockwatering and recreational uses under the junior filing, then all
withdrawal over and above 200 AF would automatically be considered as
withdrawal under the latter filing, or, if there is no further development,
it will be necessary to file such a petition in order that permittees may
have a right to place up to 400 AF in storage. [para] This is the first
season since the reservoir was constructed some 15 or more years ago that
it has not been filled. This season it lacked over 5' or about 75 AF of
filling, while in some winters it has been known to fill in one 24-hour
period of heavy rain."
General Sketch of the Project - like 1963 in 14115, plus "Area-capacity
curve in file -- Normally drawn down + or - 200 AF each season and has
filled each winter except 63-64"; "20 Ac + or - of [27-1/2 acres] "may be
leveled for strip check irrigation."
071564 memo Hill/Executive Officer to Klusman; send the extra $5 back
to Jamieson.
1965
031665 Order Approving A New Development Schedule; construction & use
to 12/01/1966
012265 Approval for Signature, Extension Order;
031665 letter Hill/Executive Officer to Jamieson; order granting
extension of time enclosed;
031965 return receipt card, Jamieson
1967
UNDATED F.M. Kuchta to inspect 04/10/1967; "notified by telephone"
04/04/1967 "Ranch has been sold -- New manager Herman Huff" similar to
04/10/1967 in 14115.htm , "Survey by August J. Hoever RE 2042 -- map filed
with this application -- some checks made as to distance from various
points to dam, etc. Soundings made in lower end of reseroir -- check with
information on map." [to p. 2] "All irrigation dropped. Place of use will
be reservoir and 1/16th section in which corrals are located" "Recreational
use at reservoir is fishing, swimming, duck hunting, boating and there has
been some water skiing. Reservoir was originally built for sail-boating.
[para] Livestock drink direct from the reservoir and also some water is
pumped from the reservoir to stock troughs in the corrals." wasteful?
"No...Uses are normal. Livestock use would not require a reservoir of
this size but some of the recreational uses do." "Up to 2000 head of
cattle in recent years--recreational use not susceptible to description
in 'units'"; max, "since irr. abandoned 150" + or - ...1966, dead storage
250 AF; "This reservoir holds 400 AF. First 200 AF covered under licensed
A-14115. Also are riparian to this stream [not since Angle]. Stony Creek
and many others on 10,000 acre ranch. Have Applications 20614 and 20615
covering 16 other stock reservoirs on ranch." [to p. 3] "Irrigation use
was abandoned about 4 years ago and since that time drawdown has been
only '5 or 6' feet each year resulting from seepage, evaporation and
some withdrawal for watering of 2000 head of cattle. All withdrawal will
be covered under the earlier application." [to p. 4] "About two years ago
this 10,000 acre ranch was sold by the Jamieson's to two or more groups
that appear to be land speculators. Elk Creek Associates and Sandy Lake
Development Company. According to Records in Glenn County Court House it
appears that all of the land upon which reservoirs covered under
Applications 14115, 18965, 20614 and 20615 are located is owned by
Elk Creek Associates. [in red, 'No - FMK'] [para] Needless to say they
have no interest in costly irrigation projects and have actually abandoned
the irrigation system that was in operation under the former ownership.
They do lease the land for grazing purposes and a Ranch Manager is
maintained on the property. During portions of the year he is actually
released by Elk Creek Associates and is paid by the owner of the cattle
(wionter months). Present ranch manager is Herman Huff. [para] Business
affairs for both Elk Creek Associates and Sandy Lake Development Co. are
handled by Mr. Alex Winitsky in Beverly Hills. It is believed that
Application 20615 was incorrectly assigned to him as an individual. At
the earlies possible time, he will be contacted by telephone to determine
definitely how ownership of the four water rights filings should be shown.
[para] There is a tentative plan for a subdivision on this property."
Area-Capacity Curve
050367 letter Hill/Executive Officer to Winitsky & Sellers; received
04/26/1967 letter on ownership of 14115, 18965, 20614, 20615; amended
ownership to show Sandy Lake Company, a limited partnership except for 20614
for Elk Creek Association [not Associates?] a limited partnership.
063067 Request for License ; boilerplate: "If any reduction in amount,
season or land description is necessitated when the rough calculations are
checked, the owner will be notified and allowed 30 days within which to
submit a protest to any change. If no protest is submitted the change
will be considered acceptable....."; "Licensee's right hereunder extends
only to water necessary to keep the reservoir full by replacing water
beneficially used or lost by evaporation and seepage, and to refill if
emptied for necessary maintenance and repair." "This constitutes a petition
to change the character of use and the place of use." [in red: ] "Do not
use as License Draft" "Rec'd $10. check" 047/10/1967;
taped to face "Do Not Use for Draft! See copy"
1968
041568 Progress Report by Permittee for the Year 1967; used every
month, 200 Ac. Ft./year; stockwatering "500 units" (2 copies)
071067 Record of Fees, $10.00 Del Norte Developers, Inc. [out of order
in file]
031665 Order Approving a New Development Schedule; to 12/01/1966,
glued to
090359 Application to Appropriate Unappropriated Water; [work copy?]
- 042667 Received Notice of Assignment to Sandy Lake Company, a Limited
Partnership
- 080280 Permit, on back.
071167 Check for License
012868 Staff Recommendation for Water Rights License;
071968 License for Diversion and Use of Water;
072468 SWRCB certification of attached license
1969
100169 Report of Licensee for 1967, 1968, 1969; used every month;
spilled every year; 8 ft below spillway at max [?]; 20' below spillway
at min; stockwatering "commercial 350 hd."; recreational "fishing";
power generation--HP. "1 Horse Power";
1972
121872 F Report of Licensee for 1970, 1971, 1972; used every month;
Spilled 1970 & 1971, not 1972; down end of season 7 ' 1970, 7 or 8'
1971, 15' 1972; stockwatering "mixed, 500 head"; "All this lake is used
for in last eight years is for Stock Water."
1975
120575 F Report of Licensee for 1973, 1974, 1975; used every month;
spilled 1973 & 1974, not yet for 1975; max down 3 ft from spillway 1973 &
1974, "not yet" for 1975; 25 ft down end of season 1973 & 1974, not yet
1975; beef cattle 125 head; small garden, fishing; add "co-partner,
Phyliss Bostick... St. Helena"
1976
0227?? Contact Report, Rinehart & ??; "Mr. A.H. Huff stated that property
has been divided and Mrs. Phyliss Bostrick [sic] is a co-owner. A letter
will be sent."
031776 Contact Report Rinehart & Alex Winitsky; "Mr. Winitsky confirmed
that A20614 and A20615 (Lic 8550 & 8551) are owned by Phyliss 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 (Lic 7202 and
8688). Assignment will be made accordingly. Mr. Winitsky stated that he
has authorization as General Partner to act as agent in behalf of Sandy
Lake Co. Partnership."
032476 letter Page/Supervising Engineer to Bostick; received reports,
will change ownership to you on 20614 & 20615 and add you as co-owner
on 14115 and 18965
040276 letter Page/Supervising Engineer to Bostick; per your 03/25/1976
letter & following phone call; enclosed, topos showing reservoir locations,
copies of license for them
042976 letter Page/Supervising Engineer to Bostick: your visit to office
04/20, changing Lic 8551 to Bostick, Sandy Lake, & Elk Creek Associates,
8550 to Elk Creek Associates, 8688 & 8702 Bostick & Sandy Lake
1978
121878 contact report Bostick called Smith/Div WRights; had questions,
asked for copies of the 3 licenses; "co-owner Elk Creek Assoc (Lic 8551)
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"; her new address in Pacific Grove (she is formerly
Mrs. Jamieson)
1979
010979 F Report of Licensee for 1976, 1977, 1978; used every month
except June-Oct; stockwater 400 Herefords each year; hunting & fishing;
signed by Bostick
010979 F Report of Licensee for 1976, 1977, 1978; used every month
except July-Oct; same Ap; level at max 4 ft down from spillway; end of
season dry 1976 & 1977, 8' down 1978; 100+ beef cattle, fishing; signed
by Huff [yup, 2 reports, same Ap, same years]
1983
010283 F Report of Licensee for 1980, 1981, 1982; used no months?;
not spill 1980, spilled 1981 & 1982; 8' down from spillway 1980; end
of season 14' down 1980, 12' 1981, 8' 1982'; stock 500 cattle & horses;
3 people 1980, 2 1981 & 1982; 2 acres garden; fishing - row boat; reduce
water loss; "inspect & poison squirrels"; conservation after use,
"livestock watering only"; "comes in, stored, & used as per livestock
ranching, no wastewater - no pollution - no treatment - none applies"
1986
102786 contact report Mr. Bernard Doorman/Sandy Lake & Espinoza/Div
WRights; he is the person who completes the forms, send them to him &
send copy of 1980, 1981, & 1982 report;
041067 for license "will arrange with Mr. Winitsky by telephone to send
in petitions 16A & statement as to ownership" [out of order in file]
UNDATED taped thereto, "Archie, Hold off on assignments until I talk
to Winitsky -- I think 14115, 18965 20614 and 20615 will all be in name
of Elk Creek Associates -- c/o Alex Winitsky -- note change in schedule
because of mud. Have been able to work in gravelly area but not adobe.
FMK"
1986
110186 F Report of Licensee for 1983, 1984, 1985; used no months?;
spilled each year, 8' down from spillway each year end; approx 500 cattle -
horses; 3 persons; 2 acres garden; fish-boat-swim; reduce water losses
"poison squirrels"; after use, "livestock watering only"
1989
101689 F Report of Licensee for 1986, 1987, 1988; used May - Nov;
conservation, "repaired leaky pipes"; minimize erosion "Will create a
plan in future"
041989 14415 [sic] 18965 20614 20615 changed to Fritz & Alma Mast
unless hear otherwise within 30 days, enclosed copies of licenses & USGS
quads showing locations
051189 contact report Mast called O'Hagan/Div WRights; text in 14115.htm
091989 contact report Bob Atkinson/CalTrans & Dave [garbled]/Div WRights;
ownership on 18965 changed to Fritz Mast
1992
012392 Report of Licensee for 1989, 1990, 1991; used every month; spilled
1989 & 1991, not 1990, 1990 3' down at max; end of season 6', 7' & 6' down,
"mostly evaporation" ; no irrigation, 80-100 cattle in winter, horses in
summer 1989 & 1990, 60-80 in 1991; fishing; minimize erosion "squirrl
controll [sic];
1995
041295 Report of Licensee for 1992, 1993, 1994; used no months;
livestock 500 pair, 3 persons; 5 acres garden; fishing
1997
042297 Report of Licensee for 1994, 1995, 1996; used every month except
June-Oct 1994 & 1995, Jul-Oct 1996; spilled 1995 & 1996, not 1994; 1994
max 2' down from spillway; end of season 6' down 1995 & 1996, 7' down 1994;
livestock 500 pair 1994 & 1995, 800 heifrs [?] 1996; 3 persons, 5 acres
garden, fishing; "Note: Sandy Lake"
051297 letter Okada/Div WRights to Mast; you asked to revoke Ap 20614/
License 8550; you stated Ap 14115/License 7202 is partially on property
owned by Mr. Floyd Harlan; Your Ap 20615 report you show reservoirs
1,3,6, & 15 (36 AF total) are on Mr. Harlan's property, enclosed is a
form to request a division of license, & we sent one to Mr. Harlan also.
discrepancy on #5, enclosed is a map showing its location, if on Mr.
Harlan's, please note that on the split request
2003
100303 Report of Licensee for 2000, 2001, 2002; used every month;
"used very minimal; pond stays 80+ full"; spilled each year; approx 50
cows & calfs [sic] & horses;
2004
010804 "Water Rights Fee" bill $100
2006
042506 Report of Licensee for 2003, 2004, 2005; used every month;
"Lifestock [sic] use & garden & corrals sprinkeled, Dec 1 - May 31; Please
Investigate if Mr. Cowen is paying for his share of this pond. He has
access on a fair amount to the pond. If not he should pay some amount
of his share. F.M."; spilled each year; stock: "cows & calfes, Horses &
sprinkle Corral & Garden" [all sic]; Ducks & Geese & Deer; conservation:
"% of use does not need conservation" "I object that these fees keep
going up. I believe that these charges should be droped since Im the
1st rancher; since the issuing of the License; Im ingauged with Wildlife
Conservation projects. Also I want a report of my neighbour to the west
Mr. Cowen is carring his share. After the Dam was build th ranch was
split up." [all sic] "The Mast Family Ltd Partnership"
2009
051009 Report of Licensee for 2006, 2007, 2008; used every month, spilled
every year; "cows, calves & Horses/Sprinkel [sic] Corrals & Garden" ; Ducks
& Geese; conservation "Small % of use not needed to conserve"
Return to Stony Creek Water Wars.
--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com