Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley (04/21/2010)

Comprehensive, Chronological INDEX of the case ; F=Filed, L=Lodged, S=Signed, R=Received

SWRCB APPLICATION A019297 - H.W. Hamilton/Whitney Case Index
[see also ]

[schedule of allowed Angle Decree usage at 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: Leon Whitney and Jeanne Whitney
Address: Star Route, Box 61, Orland, CA 95963

Application 19297 (pencil 19298, 20513)
Applicant: Aileeen Hamilton
Received 03/09/1960
Maps Filed 03/09/1960 Map A;
Forms Sent 04/19/1960 8, 8A, 8B;
Fee $10.00

052460 GCID Ans 08/15/1960 dism/withdrawn 04/03/1961
052660 USBR Ans 08/15/1960 dism/withdrawn 04/03/1961
060160 OUWUA Ans 08/15/1960 dism/withdrawn 04/03/1961

Applicant 08/15/1960

  • 042960 Affidavit of Posting Received
  • 061660 Ext to & Incl. 08/15/1960 within which to make negotiations;
  • 070661 Permit 12830 issued
  • 051865 Rept. of Insp. by F.M. Kuchta
  • 030966 License 7579 issued
  • 031490 assigned to Leon & Jeanne Whitney

    Record of Fees:

    Record of Folders

    [Inside of file back cover]

    Progress Data Application 19297
    Use Stock Watering
    Source Watson Creek to Stony Creek to Sacramento River
    Amount 11 AFA
    POD SW 1/4 NW 1/4 S5 T21N R6W MDB & M
    Right of access yes
    Maps filed 1
    in N.F. "check mark"
    Form 7 sent "check mark"
    In Investigated Area: No
    Ref map II p. 22 Elk Creek
    Cleared by Hearing Section 04/18/1961 KLW
    spotted on Wall Map 03/14/1960 WGS In form 03/17/1960 WGS
    Notices to: Reclamation w/ 2 copies


    030960 F on Form 17-A empty quarter quarter section line grid, drawn in reservoirs, Aps 19297 & 19298
    042889 returned envelope "fwd expired" "Former address on 12/19/1988 Hamilton, 261 South Lassen St., Willows, 95988"
    120889 returned envelope "no fwd" "175 N. Villa Ave., Willows Apt. #23" "Leon Whitney, Star Rt. Box 61, Orland, 95963"
    UNDATED Envelope Superseded (empty)
    030960 F drawn map on translucent of 19297 & 19298

    PAPERS "BOUND" IN FILE (re-sorted in date order):


    030960 Application to Appropriate Unappropriated Water; Superseded; Aileen Hamilton, Star Route, Orland; Watson Creek; 11.0 a-f/annum; 09/014 - 05/31; stock & recreational; water to 150 acres of dry pasture-land and 250 to 500 head of sheep and cattle. ; SW 1/4 NW 1/4 S5 T21N R6W; dam 17.8 feet high, 340 feet long, 3' freeboard, earth, "Hamilton No. 1", surface 2.0 acres, work begin 03/1959 end 06/1959 full use 09/1959;
  • slip attached Rec 03/09/1960 file the signed copy
    030960 receipt $10.00
    031960 note Hamilton to "Dear Sirs"; "I couldn't find the amount of charge for a water permit. Am enclosing a check for ten dollars on each dam. If this isn't enough let me know. They are mailed in two separate envelopes."
    031060 form letter Hill/SWRB to Hamilton; ap received & numbered 19297
    041960 form letter Hill/SWRB to Hamilton; enclosing 3 copies of notice of your ap, post 2 by 05/04/1960, return affidavit by 05/31/1960;
    041960 Notice of Application to Appropriate Water; unnamed stream trib to Watson Creek; mailing list, 11 parties on back
    041960 form letter Hill/SWRB to Postmaster/Elk Creek; please post
    042060 return receipt cards
    042560 letter Hamilton to SWRB; "I would like to know how I might protect my water rights for the future on dams that I plan to build and also on any wells I may drill and irrigate from if they produce water enough. [para] I am planning a dam in the immediate future on property NW 1/4 S8 21 6W Ex Par MPD 359/210 159 AC. [para] It will require a water right on tributary stream to Watson Creek. [para] How long do I have to build the dam after I get the water right?"
    042560 letter Hamilton to SWRB; "I would like some information regarding water rights on Watson Creek. [para] I live between the Cushman Ranch and the Begarstaff Ranch. The Begarstaff Ranch once was the George Ellis Ranch. Ellis had a Water Right on Watson Creek for irrigation. As I understand if a person stops irrigating for a certain period of years they lose their rights. I know this land hasn't been irrigated for more than twenty years and probably closer to thirty years. Is it possible for me to take up this water right? Cushman does irrigate his land above me."
    042760 Affidavit of Posting Notice; 1) "Within one-quarter of a mile from the dam on said described property, on Hull Road"; 2) At the Chrome School House, polling place, on the Newville Road."
  • 041960 Notice of Application to Appropriate Water;
    050260 letter Hill/SWRB to Hamilton; received affidavits on both notices
    042260 return receipt cards
    042960 letter Hill/Executive Officer to Dugan/Reclamation; added to records for 11 Aps, including 19297
    050660 letter Hill/Executive Officer to Hamilton; reply to both 04/25/1960 letters; "It is generally assumed that after three years non use, uner the terms and conditions of a permit for the use of water before the State Water Rights Board, the permit becomes subject to revocation. However, it has been held by the courts that old appropriative rights, initiated prior to" 12/19/1914 "effective date of the Water Commission Act, are subject to loss after five years non use. There are also riparian rights which exist by virtue of the stream flowing through the property in a state of nature, under certain specific conditions. Riparian rights and conditions attaching thereto are described in some detail at page (36) near the back of the enclosed copy of our Rules, Regulations and Information Pertaining to the Appropriation of Water in California. [para] We regret that we are unable to advise you of the exact nature of the rights attaching to the Ellis Ranch." file an ap, forms enclosed; no ap needed for percolating ground water, etc.

    052360 letter Dwinell/GCID to SWRB; enclosed protests on 19297 & 19298
    052360 Protest GCID; 19297 "deprive protestant of water it requires for irrigation of land within its boundaries and to which it has established right." "See notes on reverse side of page showing protestant's water rights." "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 as to whether the taking was lawful?] dismissal terms, "if the diversion season named in said application from September 1 of each year to May 31 of the succeeding year is changed to read from December 1 of each year to March 14 of the succeeding year."
  • 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. 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]

    052560 letter Dugan/Reclamation to Hill/SWRB; enclosed protest to 19297 & 8;
  • Protest; Aps 19297 & 8; "...injury to the United States as follows: the entire flow of Stony Creek is required and is fully utilized during the irrigation season by the" OUWUA "within the boundaries of the Orland Project [not any more] as holders of water rights of the United States Bureau of Reclamation except for certain riparian and appropriative rights established by juducial decree." [not exactly] "...priority rights acquired in 1888 and 1897 and decree in United States District Court dated" 01/13/1930. "Stony Creek waters were adjudicated by (a) [on back] Judicial decree dated" 01/13/1930 "in one Northern District of California, Second Division in the case of the United States of Amerida, Plaintiff vs. H.C. Angle, et al., Defendants, No. 30." "Lands within Orland Project have been under irrigation since 1910. The project works provide a full water supply for the irrigation of about 19,500 acres of irrigable land. Maximum quantity of 128,236 a.f. was used in 1953. The quantity of water diverted has averaged 111,035 a.f. for the period 1913 through 1958. The diversion period is usually from March 15 through October 15 of each year."; dismissal terms: if "the period of diversion is limited to December 1 of each year through March 14 of the following year and November whenever there is surplus water available as determined by the Bureau, and" OUWUA;

    052660 letter Hill/Executive Officer to Dwinell/GCID; received letter & protests, & note you served applicants
    052660 letter Hill/SWRB to Hamilton; answer protests & serve copies on protestants by 06/15/1960 ; more time if settlement looks possible;
    053160 letter Frost/atty to Hill/SWRB; enclosed OUWUA protest to Ap. 19297
    052760 Protest; Berrie Kiley, OUWUA Secretary; injury to "the above named corporation as follows: the entire flow of Stony Creek and its tributaries during the irrigation season at and near the point of proposed diversion is necessary and required and is fully utilized by this Assoc. and required and is fully utilized by this Assoc. and its members as the holders of water rights within the boundaries of the Orland Project of the U.S. Bureau of Recl., except for certain riparian and appropriative rights which have already been established and fixed by judicial decree." "priority rights dated" 10/10/1906, 10/11/1906, 03/23/1910, 03/25/1913, 04/15/1864, 01/27/1888, 05/04/1897, and Decree of U.S. Dist. Ct., dated 01/13/1930;
    - [on reverse] "The water rights of the U.S. of Amer. with reference to the Orland Project and other landowners within the watershed of Stony Creek (including, it is believed, the predecessors in interest of the applicant) were adjudicated by judicial decree dated" 01/13/1930, "in the Northern Division of the U.S. District Court for the Northern District of California, Second Division, in the case of 'UNITED STATES of AMERICA, Plaintiff, vs. H.C. ANGLE, et al., Defendants, - In Equity No. 30', to which decree reference is hereby made for further particulars with reference to such water rights. The protestant, ORLAND UNIT WATER USERS' ASSOC., is the succcessor in interest to the beneficial water rights of the U.S. of Amer. as defined in said decree pursuant to a contract entered into between the U.S. of Amer. and the ORLAND UNIT WATER USERS' ASSOC., dated August 26, 1954. There are no other or additional waters in Stony Creek subject to appropriation during the irrigation season. The irrigation season is usually from Mar. 15, through Oct. 15, of each year, but in a dry season the irrigation season will often extend to Dec. 1st."

    060260 letter Hill/Executive Officer to Dugan/Reclamation; protest received, service on Hamilton noted
    061060 letter Hill/Executive Officer to Frost/atty protest received, service on Hamilton noted
    061360 letter Aileen Hamilton to SWRB; "In view of the fact I need to gather more information I would like of 60 days extension [sic] of time to answer these protests on my rights to store water in my two ponds. [para] The protests are from" GCID, Reclamation, & OUWUA.
    061660 letter Hill/Executive Officer to Hamilton; per your letter of 06/13 "filed at the time of your visit to this office on that date," to 08/15/1960 "granted within which to negotiate with the protestants and file answers to the protests..."
  • 081560 handwritten thereon, "answer to protests received over counter"
    081560 letter Aileen Hamilton to SWRB; "In view of the fact I need more time to answer these protests regarding my water permits on my two small dams. [para] I have contacted some of the parties and may be able to some [sic] agreement. [para] However I believe this matter should be handled by a field hearing. [para] I cannot see how the storage of my water will hurt any of these parties as these creeks do not run until a great amount of water has fallen and then they dry up shortly after the rainy season stops."
    081560 Stipulation Under Article 14, Section 737, California Administrative Code, Title 23, Waters; form 167; "Subject to approval by the State Water Rights Board, the parties, applicant and protestant, do hereby stipulated as follows: [para] 1. The matter of Application 19297 and of the protests thereto shall be submitted for decision by the State Water Rights Board upon (1) the official records of the Board, including but not limited to reports which may be made by the Board on investigations, field or otherwise, and (2) research and studies by the Board relating to the issues involved, together with such relevant written representations, records, and documents as the undersigned parties may submit. [para] 2. In the event the board shall make a field investigation or investigations, it is understood that notice of the time and place thereof shall be given to the unersigned parties and other interested persons known to the Board, who may attend the same and who may offer information pertinent to any such investigation within such time as the Board in its discretion may prescribe. [para] 3. This stipulation is made under the provisions of Article 14, Section 737, California Administrative Code, Title 23. Waters; and each and all of the provisions of said section are hereby agreed to and accepted by each and all of the undersigned parties. It is the intention of the undersigned parties that the right to seek judicial review of the proceedings and decision of the Board, and the general scope of such review shall not be restricted or otherwise affected by this stipulation." /s/ Aileen Hamilton
    082660 letter Hill/Executive Officer to Reclamation; enclosed is a copy of answer to 19297 & 8 by Ms.Hamiltion; if a hearing is necessary, you will be notified, copies to GCID & OUWUA
  • handwritten thereon: "Pheobe Stuben, Decree, US. vs. H.C. Angle et al., Equity No 30, Jan 13, 1930, U.S. Dist Court." [what, when, why?]


    022461 letter Hill/Executive Officer to Mrs. Aileen Hamilton; "Reference is made to your Applications 19297 and 19298 to appropriate in Glenn County. According to your answer to the protests filed against the applications, you had contacted some of the parties and indicated there might be an agreement reached. However, based on the apparent policy of Glenn-Colusa Irrigation District, Bureau of Reclamation and Orland Water Users' Association [sic], in regard to applications filed in your area, there is little possiblity that the protestants will withdraw their objections to the applications unless you agree to amend your proposed diversion season to include the period from about December 1 of each year to about March 15 of the succeeding year. [para] Will you kindly advise this office if the suggested dates as set forth above are agreeable to you and if your applications may be amended accordingly. If you are not agreeable to the suggested amendment, it appears that a formal hearing is the only recourse."
    032061 letter Hamilton to SWRB; "agree to amend my applications to read from December 1 of each year until March 15 of the succeeding year."
    040361 letter Hill/Executive Officer to Atty Frost/OUWUA; Ms. Hamilton agreed to your settlement term, your protest dismissed
    040361 letter Hill/Executive Officer to Dugan/Reclamation; ditto
    040361 letter Hill/Executive Officer to Dwinell/GCID; ditto
    030960 Application to Appropriate Unappropriated Water; work copy; in red, recreational & stockwatering, 250 to 500 head of sheep & cattle;
    050261 Check for Permit; "There is a state filing (Appl. 18115) for 160,000 afa below A-19297 but shouldn't be affected by the amount appropriated hereunder."
    050261 Permit Terms
    051661 Approval for Signature;
    051261 form letter Hill/SWRB to Hamilton; 2 aps approved, please send $10 ASAP
  • 070661 note attached thereto, $10.00 received, "OK to accept"
    070661 letter Hill/Executive Officer to Reclamation & GCID; FYI, permit was issued
    070661 letter Hill/Executive Officer to OUWUA; FYI permit was issued
    070661 receipt, $5.00
    070661 form letter Hill/SWRB to Hamilton; permit on back of Ap, enclosed, annual reports, etc.
    070761 return receipt card
    110561 letter Hamilton to SWRB; "I do not have any blanks for a propress report on these two dams. [para] The two dams were completed and have been in use for two years and have been ready for inspection at any time."
    113061 letter Hill/Executive Officer to Hamilton; "returning two copies of Form #2 signed by Leon Whitney and R.E.L. Powell authorizing you to act as their agent which was evidently sent in response to our reminder card dated" 11/01/1961 "in connection with: 19297 & 8; "Please disregard"; your reports due 10/01/1962; "At such a time as you report that your reservoirs have been filled and subsequently used for the purposes intended, your projects will be listed for inspection with a view toward issuance of license. If you consider that your use is now complete, kindly inform this office and your projects will be inspected during the 1962 field season."


    030162 Progress Report by Permittee for the Year 1962; work completed, use of water commenced, spilled this year; end of season draw down 12 feet; stock watering: 600 sheep, 30 cattle, 100 brood sows, 2 horses;
    031262 letter Hamilton to SWRB; "On the larger of these two dams we want to build up the spillway and dam to hold approximately three acre ft. more of water for domestic and yard irrigation. What do we have to do in order to do this?"
    032663 letter Hill/Executive Officer to Hamilton; enclosing blanks for ap for additional 3 a-f; in duplicate, with $10; "An application should also be filed with the Department of Water Resources, Supervision of Dams, since dams that are over 6 feet in height and store 50 acre-feet or more of water must be approved by the state." [which condition is this one?] included addr for W.A. Brown/Supervision of Dams


    101763 Progress Report by Permittee for the Year 1963; irrigation, clover, 25 acres; "Construction is planned to begin sometime early in 1964" [is she answering for the wrong ap?]


    021064 letter Hamilton to SWRB; "We do not seem to have the blanks you mailed us on our dams. [para] However, dam no. 19298 and dam no. 19297 are finished and been in use. Dam No. 13548 [permit, crossed off, Ap 20513] for Leon Whitney and Aileeen Hamilton, they have just finished the book work and surveying. [para] Please send us more blanks and we will attend to them right away"
  • 022564 handwritten "Forms sent on Appls. 19298 and 20513 only rept already rec'd on Appl. 19297"
    121464 Progress Report by Permittee for the Year 1964; max 6' down, 15' down end of season; water 500 head, fishing & swimming


    051065 form F.M. Kuchta will be at Newville at 10:00 a.m. 05/18/1965 for inspection;
    051965 Report of Inspection on 05/18/1965 w/Mrs. Hamilton; "also pumped to barns and a stock trough in a pasture"; ceases to flow early in spring; "reservoir has a capacity of about 15 acre-feet; Spiderweb survey of reservoir for area -- Transit - Stadia. Height of dam, etc., with hand level. Depth of water in reservoir by sounding from a kayak." [to p. 2] "Livestock drink direct from the reservoir mainly, but in addition water is pumped from the reservoir into a stock trough in an adjacent field and also to troughs in 2 pig houses and the barn (all are within SW 1/4 of NW 1/4 of S5). The reservoir is also used for both fishing and swimming--mainly by permittees 20 grandchildren." "Normal method of stockwatering for this area." "500 head of sheep and about 500 head of hogs." held over in dead storage? "4 or 5 AF", purpose "Stockwater until heavy fall rains begin"; Other Rights "Riparian to the source. [uh,] Domestic water (very limited) diverted from a well. Permittee has another reservoir available to the same livestock which is covered under A-19297 [sic] and an irrigation reservoir is being constructed under A-20513" [to p. 3] "Statements by Mrs. Hamilton at time of inspection. Usually fills early in winter--during December, but not always." "Usually down to 2 or 3 foot depth by winter. Never goes completely dry." [to p. 4] Earthen fill dam 19' high & 320' long, 4' freeboard. Water down about 0.5' at time of inspection" 05/18/1965 "Tight dam, no indication of seepage." "Pump House [at left end of dam] 1" jet type pump & pressure tank - 2 HP motor"; from downstream pump outlet first split " 1/2" pipe to barn 150'"; 2nd split, "200' + or -, 1/2" pipe to pig houses"; balance, "3/4" pipe to stock trough 300' + or -" ; max depth 12', total capacity 15.4 AF; [to p. 5] "Remarks. While excavating in the reservoir during construction of this dam, a spring was opened up. It apparently does not have a great capacity, but it is enough to maintain some water in the reservoir even during the dryest years (1964). [para] The reservoir has filled completetly each year since its construction with the exception of the winter of 1963-64. At the end of that collection season, it still lacked a foot or a little less of spilling. [para] ...water may be collected in small amounts both before and after the season covered under permit--depending of course upon the season; however the stream normally flows during the period December 1 to March 15. [para] Mrs. Hamilton has been advised of the fact that the reservoir holds slightly more than the amount covered under permit."
  • photo, "across dam & reservoir" showing pump house
    052265 Request for License
    030960 Application to Appropriate Unappropriated Water; permit copy;
  • 070661 Permit No. 12830 [on back]
  • Important; red instruction slip attached
    110865 Check for License;


    010666 Approval for Signature; Water Right License
    030966 License for Diversion and Use of Water; "unnamed stream in Glenn County" tributary to "Watson Creek thence Grindstone Creek thence Stony Creek thence Sacramento River;
    030966 form letter Hill/SWRB to Recorder/Glenn County; enclosed license to record
    030966 form letter Hill/SWRB to Hamilton; enclosed are licenses
    031066 return receipt card
    030966 License for Diversion and Use of Water; with Recorder's stamp


    021069 Report of Licensee for 1966, 1967, 1968; used every month; watering stock, fishing, swimming, garden; "Swimming and fishing provided for around fifty persons, also picnicing"


    102871 Report of Licensee for 1969, 1970, 1971; used every month; full every year; very low end of season; 130 head approx, horses, sheep, cattle; domestic 2-30 persons [sic]; garden, yard, swimming, fishing, boating; picnicing, barbecuing also parties for 4H; "Used for fishing duck hunting watering of wild life; used for a family of close to 50 for recreation, used for toilet"


    031575 Report of Licensee for 1972, 1973, 1974; used every month; full every year; end of season down 8' 1972 & 1973, 10' 1974; 1972 & 1973 15 horses, 80 cattle, 60 sheep; 1974 15 horses, 80 cattle, 40 sheep; garden, fishing, swimming, boating, picnicing


    011078 letter Hamilton to SWRB; "I am writing about my permits on my two dams. My papers burned in my house and I would like copies made. I will pay the necessary fees."
  • 012077 [sic] copies sent
    051578 Report of Licensee for 1975, 1976, 1977; used every year Jan - Aug; empty every year Sept - Dec; max 1975 1/2 full, 1976 & 7 1/4 full; 12 horses, 60 cattle, 20 sheep; fishing & swimming; wastewater reclamation: "We don't remove any water"


    010181 Report of Licensee for 1978, 1979, 1980; used every month; spilled every year; end of 1978 10' down, 1979 8' down, 1980 12' down; stock 110 head, cattle & horses & geese; fishing, swimming, picnics; quality/reclamation "using bulldozer and carryall to clean the silt as water lowers"; "Forest Service uses water to fight fires by taking it in buckets with helicopers."


    013084 Report of Licensee for 1981, 1982, 1983; used every month; spilled every year; 8 to 10' down end of every year; 50 head beef cattle; fishing;


    010586 [sic] Report of Licensee for 1984, 1985, 1986; used Apr - Oct every year; spilled every year, 12' down end each season; 50 beef; fishing


    031490 letter McAnlis/Permit & License Unit to Whitney; you informed us you acquired the Hamilton property, we will change records to you unless otherwise notified within 30 days;


    012593 [sic] Report of Licensee for 1990, 1991, 1992; used every month, spilled 1992 only, other 2 years max to 5' below spillway; end of season down 15' 1990, 17' 1991, 12' 1992; 200 head beef cattle; 2 persons, lawn, fishing; silt prevention: "Not overgrazing and by keeping good vegetation on the surrounding areas" "This reservoir is needed & used mostly just for stockwatering."


    072098 Report of Licensee for 1995, 1996, 1997; spilled 1996 - 1997, not 1995, 5' down 1995; end of season 10' down 1995, 8' other 2 years; 200 head of stock, fishing


    012202 Report of Licensee for 1998, 1999, 200; used every month, spilled every year, down end of year 10' 1998, 11' 1999. 9' 2000; 200 head stockwatering, fishing

    [Nothing since 2002?]

    Return to Stony Creek Water Wars.

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