THE STONY CREEK WATER WARS - No problem of "misunderstanding or litigation" with the upstream Riparians, and other broken promises.

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2001, Mike Barkley
No problem of "misunderstanding or litigation" with the upstream Riparians, and other broken promises

[This is a transcription from a 1957 Reclamation publication. A certified copy of the first letter (and maybe others) is on file with the U.S. District Court in the Angle case. I've made every effort to present the content precisely, but not the form.]

[Title page]
UNITED STATES DEPARTMENT OF THE INTERIOR
FRED A. SEATON, Secretary

BUREAU OF RECLAMATION
WILBUR A. DEXHEIMER, Commissioner

BUREAU OF RECLAMATION
PROJECT FEASIBILITIES
AND AUTHORIZATIONS

A COMPILATION OF FINDINGS OF
FEASIBILITIES AND AUTHORIZATIONS
FOR BUREAU OF RECLAMATION
PROJECTS OF THE DEPARTMENT
OF THE INTERIOR

1957 Edition

[p.] 682

ORLAND PROJECT

CALIFORNIA

The Orland project was authorized by the Secretary on October 5, 1907, under the Reclamation Act of 1902; examined and reported upon by a Board of Army Engineers and approved by the President on January 5, 1911, pursuant to the act of June 25, 1910 (36 Stat. 835).

UNITED STATES GEOLOGICAL SURVEY,
RECLAMATION SERVICE,
Portland, Oregon, November 12, 1906,

CHIEF ENGINEER,
Washington, D. C.

DEAR SIR: In accordance with your instructions the preliminary investigations instituted in connection with the Orland Unit of the Sacramento Project have been reviewed by a board of engineers consisting of D. C. Henny, E. G. Hopson and S. G. Bennett. This board held its sessions in Portland, Oregon, November 11 and 12, 1906, and has the honor to report as follows:

[ ENOUGH FLOW IN THE SACRAMENTO RIVER TO IRRIGATE THE VALLEY THREE TIMES OVER ,
THE FIRST ALTERNATE SUPPLY FOR THE ORLAND PROJECT ]
There are about 2 million acres of land in the Valley that is likely to be suitable for irrigation. The run-off of the Sacramento River is sufficient to supply three times the amount of water that might be required for the irrigation of the entire Valley.

The natural unregulated flow of the Sacramento River system is such that three-fourths, of the entire run-off is discharged during the winter and early spring months. The remaining one-fourth, which flows down during the irrigation season, reaches a minimum during the midsummer months when irrigation demands a maximum supply.

While the natural flow, therefore, would permit of the full irrigation of but a relatively small portion of the Sacramento Valley, it is nevertheless very important, as may be noted from the following schedule:

MINIMUM DISCHARGES OF THE SACRAMENTO, FEATHER AND YUBA RIVERS Second-fect Sacramento River at Red Bluff 3,600 Feather River above mouth of Yuba 1,100 Yuba River at its mouth 400

ORLAND PROJECT [p.] 683

Disregarding streams farther to the South, the above mininum flow would be sufficient to irrigate five hundred thousand acres of land in the Valley.

The lower reaches of the stream, However, remain navigable even during low water flow, and the diversion of large quantities of water at such times would cause interference with navigation. Large irrigation development must therefore depend upon storing of flood waters, and a study was commenced by the Reclamation Service of available storage reservoirs supplementary to previous investigations by the Hydrographic Branch of the Geological Survey.

Numerous possibilities exist as indicated in the report of Mr. S. G. Bennett dated June 30, 1906, and it was found that a commencement with irrigation might be made at almost any desired point in the Valley so far as water supply is concerned.

The selection of a first unit was largely influenced by two important facts:

First, that in accordance with your instructions a first unit should be self-contained and its estimated cost should be well below one million dollars.

Second, that the land in the Valley has been devoted to wheat raising; that it is held in large areas by single owners; that the gradual exhaustion of the soil for wheat raising purposes tended to enlarge the average holding and cause absent landlordism, and that the land owners not only do not appreciate irrigation possibilities but generally oppose a forced subdivision such as must be an essential condition attached to any reclamation project.

The latter consideration led to investigating the feasibility of a project for the irrigation of lands in the vicinity of Orland in Glenn County, where landowners had voluntarily formed a water users' association, where large bodies of land had been subscribed and where consequently the best prospect existed of successfully solving this phase of the situation.

[ NO UNAPPROPRIATED STONY CREEK FLOW ]
The land in the vicinity of Orland can be watered from Stony Creek, one of the tributaries of the Sacramento River entering from the west. The small low water flow of the stream had been appropriated, and irrigation must therefore be dependent upon storage.

There are four feasible storage reservoir sites on this creek, as follows:

Acre-feet 1. East Park . . . . . . . . . . . . . . . . . 35,000 2. Briscoe . . . . . . . . . . . . . . . . . . 15,000 3. Mill Site . . . . . . . . . . . . . . . . . 44,000 4. Stony Ford . . . . . . . . . . . . . . . . 45,000

The first three were reported and estimated on by Mr. Burt Cole in 1903. The East Park reservoir was found by him to be relatively the cheapest, and recent investigations therefore were started at this point, and bed rock was located at reasonable

[p.] 684 PROJECT FEASIBILITIES AND AUTHORIZATIONS

depth. The fourth site was located during recent investigations and is second in order of probable cost per acre foot stored.

[ MISTAKE IN CALCULATING FLOW IN LOW RAINFALL YEARS ]
A study of available hydrographic data shows that each of the above reservoirs would be filled each year with the exception of those of extreme low rainfall of which there has been only one during the last twenty years that records are available. During such low year the two most economical reservoirs considered, namely, the East Park and the Stony Ford reservoirs, would probably fill to the extent of 75% or more.

The land that can be most economically irrigated from the water stored in these reservoirs lies on both sides of Stony Creek below the point where it emerges upon the valley proper, about five miles above Orland. This land was investigated by Mr. W. H. Heileman, Soil Expert of the Reclamation Service, who reports that it is uniformly capable of producing all varieties of crops, including citrus fruits as grown in the San Joaquin and Sacramento Valleys and in Southern California.

[ NO UNAPPROPRIATED SUMMER FLOWS AVAILABLE - ENOUGH FLOW FOR 440 ACRES ONLY ]
A very small amount of this land is now under irrigation and is supplied by means of two canal systems, one owned by the Stony Creek Irrigation Company, whose canal lies to the south of Stony Creek, and by the Lemon Home Power and Light Company, irrigating lands to the north side. The latter company has been in operation about nine years and the former for double that time. The present irrigation is confined to about 400 acres on the south side and 40 acres on the north side. The small extent of irrigation after such a long time of operation may be explained by the extremely small summer flow of Stony Creek, thereby not permitting full irrigation except for a small area of land. Where full irrigation has been practiced the opinion expressed by Mr. Heileman is in every way confirmed.

The above two canal companies occupy with their canals strategic rights of way and have early water rights which will render it necessary to arrive at a distinct understanding with them either through agreement or more probably through purchase. In the estimates upon which the subsequent portion of this report is based certain valuations have been assumed contemplating the purchase of these canal properties.

[ NO LITIGATION WITH THE UPSTREAM RIPARIANS EXPECTED ,
THE ENGINEERS UNDERSTATE THE SCOPE OF UPSTREAM IRRIGATION ]
There are small amounts of lands irrigated along Stony Creek in the narrow valley on the upper reaches of the stream. It is not expected that serious misunderstanding or litigation can result from conflict in regard to the use of water.

[ NO NEED FOR ANY GCID DIVERSION ]
A flood irrigation appropriation has been made by the owners of the Central Irrigation Canal which crosses Stony Creek about nine miles below Orland. No serious complication is feared from this source, the total amount of acres irrigated with Stony Creek flood waters having been confined so far to about 400, and during the time that Stony Creek is in flood the Sacramento River, from which the Central Irrigation Company's canal is intended to derive its supply, is also in flood and would give ample water supply.

It has not been deemed advisable that investigation, the results of which must largely depend upon action of landowners, should

ORLAND PROJECT [p.] 685

be carried to a great degree of refinement until after a conditional allotment is available. This board is, however, of the opinion that the data at hand justify the following conclusions:

That the East Park reservoir in connection with the spring flow from Stony Creek will be sufficient for the irrigation of 11,000 acres.

That if instead of the East Park reservoir the Stony Ford reservoir be built there will be a sufficient supply for 14,000 acres.

That the most economical selection of lands upon which to use these waters would be in a solid body on the south side of Stony Creek.

That the general feeling among the people in the vicinity of Orland favors the irrigation of lands on both sides of Stony Creek.

That in view of private rights involved the canal properties may be purchased at a considerably reduced cost if some of the land on the north side of Stony Creek be included in the present unit.

[ PLAN TO IRRIGATE 3,000 ACRES FROM WELLS INTO WATER-FILLED GRAVEL SOUTH OF THE CREEK ,
and RECOGNITION OF RECHARGE FLOWS ,
THE SECOND ALTERNATE SUPPLY FOR THE ORLAND PROJECT ]
That in any event from 1,000 to 3,000 acres may be added to the project by pumping from wells located at the lower edge of the lands to be irrigated, the supply for such wells to be obtained from underground water now existing in the gravel strata south of Stony Creek which will be added to through irrigation of the upper lands as herein proposed.

That the cost per acre, omitting lands to be irrigated by pumping will lie between $40.00 and $50.00, with the probability that it will be close to $42.00.

[ PROJECT COSTED WITH PUMPING ]
That such cost may be reduced by including as much land upon which to pump water from wells as subsequent experience may warrant.

That the climatic condition and the character of the soil indicate that the lands themselves will be abundant security for any possible cost of the project.

That it may be deemed advisable not to decide between the East Park and Stony Ford reservoirs until options on lands have been obtained in both.

That the maximum area of the project be considered as 14,000 acres covered by gravity and 3,000 acres covered by pumping, total 17,000 acres.

That this maximum would be reduced to 11,000 acres by gravity and 3,000 by pumping in case the East Park reservoir be selected, and

That the construction cost on the basis of maximum area may be estimated at $650,000.

In view of the above we therefore recommend:

That the Orland Unit of the Sacramento Valley Project be approved and $650,000 be now set aside for its construction, but that no money be made available for construction until after the following conditions shall have been complied with:

1. That a percentage of land, satisfactory to the Department, lying economically under the project shall have been pledged.

2. That satisfactory agreements for adjustment of water rights or for purchase shall have been concluded with the Stony Creek

[p.] 686 PROJECT FEASIBILITIES AND AUTHORIZATIONS

Irrigation Company and the Lemon Home Water and Light Company,and

3. That satisfactory options for the majority of lands shall have been obtained either in the East Park or the Stony Ford reservoirs.

Yours very respectfully
(Signed) D. C. HENNY,
E. G. HOPSON,
S. G. BENNETT,
Board of Engineers.

DEPARTMENT OF THE INTERIOR,
Washington, December 18, 1906.

THE DIRECTOR OF THE GEOLOGICAL SURVEY.

SIR: Referring to your letter of December 17, 1906, subject, Orland project, California, or, the first unit of the Sacramento Valley project, California, you are advised that concurring in your recommendation, $650,000 is hereby conditionally allotted from the Reclamation fund for the construction of said project, subject to the conditions specifically enumerated in your letter.

Very respectfully,

(Signed) E. A. HITCHCOCK,
Secretary.

UNITED STATES RECLAMATION SERVICE,
Klamath Falls, Oregon, August 5, 1907.

The DIRECTOR,
U. S. Reclamation Service.

DEAR SIR: A. P. Davis, M. Bien and D. C. Henny, appointed by you to report on the Orland Project, convened at Orland, California, on August 2nd and 3rd, and have the honor to report as follows:

On the 18th of December, 1906, the Secretary of the Interior allotted the sum of $650,000 for the construction of the Orland Project, subject to four conditions.

We confined our work to an investigation of the extent to which these conditions have been complied with.

Condition No. 1: That 12.000 acres of land be pledged by the owners in a form to be approved by the Department such that the

ORLAND PROJECT [p.] 687

lands will be held bound to repay the cost of construction under the terms of the Reclamation Act.

[ UNDERGROUND WATER ]
We find that land subscriptions aggregate in excess of the limit placed by the Secretary and that the subscribed lands lie in bodies north and south of Stony Creek, which, while not absolutely solid, are in the main continuous and permit of such selection as will render an economical distribution system practicable. We find it feasible to select from the lands now subscribed, bodies of 7,000 acres north of Stony Creek and 5,600 acres south of Stony Creek, all to be supplied exclusively by gravity canals; also, an additional body of 1,400 acres which can be advantageously supplied partly by gravity canals and partly by pumping underground water.

We find that Condition No. I has been complied with.

Condition No. 2: That satisfactory arrangements be made and agreements completed for the adjustment of water rights or for options to purchase certain properties and rights, notably those of the Stony Creek Irrigation Company and the Lemon Home Water and Light Company.

Verbal agreements have been reached for the purchase of all properties and rights belonging to the Stony Creek Irrigation Company and the Lemon Home Water Power & Light Company at satisfactory prices, to wit: $25,000 and $15,000 respectively. We find that the rights of way and water rights of the Lemon Home Canal are at present owned by individual stockholders of said Company, who are prepared to make transfer of the same to the Company.

[ A SHIFT FROM CONCERN FOR THE RIGHTS IN THE STREAM to,
GETTING AWAY WITH TAKING WHAT IS NOT THEIRS TO TAKE ? ]
The purchase of above properties will settle all disputes with present claimants to water from Stony Creek and its tributaries, with the exception of several small irrigators of lands in the narrow foothill valleys and of a broad claim to Stony Creek waters of the Central Canal and Irrigation Company. As regards the above mentioned small irrigators, it is believed to be unnecessary to enter into written agreements with them because the areas are small and it is believed that the apppropriation made by the United States of Stony Creek waters, if followed by construction and beneficial use will be a sufficient protection. As regards the Central Canal & Irrigation Company, we deem it necessary that a definite contract be entered into limiting the relative rights of the said Company. A tentative agreement to this effect has accordingly been drawn up by us, which is to be laid before the said Company by a committee of the Water Users' trustees, which agreement has the preliminary approval of the attorney of the Central Canal & Irrigation Company.

We have also prepared agreements with the Stony Creek Irrigation Company and the Lemon Home Water Power and Light Company for the purchase of their respective properties, the latter to be executed after all rights of way and water rights now held by individual stockholders shall have been transferred to the Company.

We find that Condition No. 2 will have been complied with

[p.] 688 PROJECT FEASIBILITIES AND AUTHORIZATIONS

after the Central Canal & Irrigation Company shall have executed a contract with the Government, such as has been submitted by us, and after the Stony Creek Irrigation Company and the Lemon Home Water Power & Light Company shall have signed agreements as drawn up by us, as above set forth.

Condition No. 3: That satisfactory arrangements be made for purchase of lands needed for reservoir purposes.

We find that satisfactory options have been obtained for the purchase of lands needed for reservoir purposes.

Condition No. 4: That the owners of the lands agree to subdivide their holdings in excess of 160 acres into farm units of not to exceed 40 acres.

We find that the owners of the land to be irrigated have agreed to subdivide their lands in excess of 160 acres into farm units of forty acres and that the above condition has been complied with.

From the above it will be noted that Conditions 1, 3 and 4 have now been satisfied, and we recommend that, as soon as the various agreements above mentioned with the Central Canal & Irrigation Company, the Stony Creek Irrigation Company and the Lemon Home Water Power & Light Company shall have been executed, all conditions imposed by the Secretary shall be deemed satisfied and that thereupon the Orland Project be definitely approved.

We deem it advisable that the land necessary for the diversion site at the head of the proposed Government canals be acquired prior to commencement of construction of the project and so recommend.

Respectfully submitted.

(Signed) A. P. DAVIS,
MORRIS BIEN,
D. C. HENNY,
Board of Engineers.

UNITED STATES RECLAMATION SERVICE,
Washington, October 5, 1907.

The Honorable the SECRETARY OF THE INTERIOR.

SIR: On December 18, 1906, the Department concurred in the recommendation of the Director of the Geological Survey that $650,000 be conditionally allotted from the Reclamation fund for the construction of the Orland project, California, subject to the conditions specifically enumerated in the Director's letter of recommendation. These conditions are as follows

lst. That 12,000 acres of land be pledged by the owners, in a form to be approved by the Department, such that the lands will be held bound to repay the cost of construction under the terms of the Reclamation Act.

[ RIGHTS OF UPSTREAM RIPARIANS SLOWLY FORGOTTEN ]
2nd. That satisfactory arrangements be made and agreements

ORLAND PROJECT [p.] 689

completed for the adjustment of water rights, or for options to purchase certain properties and rights, notably those of the Stony Creek Irrigation Company, and of the Lemon Home Water and Light Co.

3rd. That satisfactory arrangements be made for the purchase of lands needed for reservoir purposes.

4th. That the owners of the lands agree to subdivide and sell their holdings in excess of 160 acres, in farm units of not to exceed 40 acres.

These conditions have all been met in a satisfactory manner:

lst. 12,000 acres have been pledged to the Water Users' Association organized under the project.

2nd. Contracts have been executed for the purchase of the irrigation system of the Stony Creek Irrigation Company and of the Lemon Home Water and Light Company, which are now on the way to Washington for your approval. A contract has also been executed by the Central Canal and Irrigation Company, which diverts water from Stony Creek below the project. The purpose of this contract is to adjust between the United States and this company their respective claims to the waters of Stony Creek.

3rd. Satisfactory arrangements have been made for the purchase of the lands needed for reservoir purposes.

4th. The owners of the unit now to be developed have agreed to subdivide and sell their holdings in excess of 160 acres in farm units not to exceed 40 acres.

Inasmuch as some of the options taken to meet the conditions of land ownership will expire on the 15th of this month, it is important that the approval of the project be given as soon as practicable, in order that the parties holding these options may exercise them.

[ FOCUS CHANGED TO PROTECTING THE INTERESTS OF RECLAMATION, NOT THE PEOPLE ]
The contracts with the companies mentioned have been carefully examined by the officers of the Reclamation Service and are in proper form to protect the interests of the Government.

In order that there may be no further delay, and as any minor adjustments which may be necessary in connection with these contracts will not be material, I recommend that the allotment of $650,000 be made definite, the conditions having been fulfilled, and that the project be approved for construction.

Very respectfully,

(Signed) A. P. DAVIS,
Acting Director.
Action taken as recommended October 5, 1907.
(Signed) JAMES RUDOLPH GARFIELD,
Secretary.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - [ To summarize, this project was approved based on:

No unappropriated flows being available so 100% of water to irrigate beyond the current 440 acres would have to come from storage or pumping,
An assurance that there would be no misunderstanding or litigation with upstream irrigators
GCID appropriation would be minimal
Costing included recharging and pumping from existing water in Stony Creek gravel strata

All of these early representations were forgotten once the Engineers had their initial approval.

AND SO IT WAS that the upstream Riparians were placed in great peril, with the predatory Reclamation loose upon the land, prone to mistakes and ready to lie, cheat, and steal to protect its ambitions.]

Return to Stony Creek Water Wars.

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