THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley (04/28/2010)

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

SWRCB APPLICATION A019298 - Aileen Hamilton/Whitney Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l007580%20a019298.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: Leon Whitney and Jeanne Whitney
Address: Star Route, Box 61, Orland, CA 95963

Application 19298 (pencil 19297, 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

Protests:
052460 GCID Ans 08/15/1960 dism/withdrawn 04/03/1961
052660 USBR Ans 08/15/1960 dism/withdrawn 04/03/1961

Stipulation
Applicant 08/15/1960

Remarks
  • 042960 Affidavit of Posting Received
  • 070661 Permit 12831 issued
  • 051865 Rept. of Insp. by F.M. Kuchta
  • 030966 License 7580 issued
  • 031490 assigned to Leon & Jeanne Whitney

    Record of Fees:

    Record of Folders

    [Inside of file back cover]

    Progress Data Application 19298
    Use Stock Watering & Recreation
    Source Watson Creek to Stony Creek to Sacramento River
    Amount 9.3 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:
    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

    LOOSE PAPERS IN BACK OF FILE;

    041960 Notice of Application to Appropriate Water; (4 copies, one dated)
    120889 returned envelope, cannot deliver, no forwarding
    030960 F on Form 17-A empty quarter quarter section line grid, drawn in reservoirs, Aps 19297 & 19298
  • 050960 drawn map on translucent of 19297 & 19298
    UNDATED Envelope Superseded (empty)

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

    1960


    030960 Application to Appropriate Unappropriated Water; Superseded; Aileen Hamilton, west branch of Watson Creek, tributary to Stony Creek, thence Sacramento River; divert September to June; live-stock and recreation purposes; POD starting section corner 5,6,7,8 running east on Section line 1,050 feet, thence north 60' to center of dam fill, within SW 1/4 SW 1/4 S5 T21N R6W; dam 16.3' high, 200' long, 3' freeboard, earth; Hamilton No. 2; flood in same 1/4, surface 2.1 acres, capacity 9.3 a-f; cost $900, start 03/1959 finish 08/1959; POU same as POD
    030960 receipt $10.00 Application fee
    031060 form letter Hill/SWRB to Hamilton; ap received, assigned #
    041560 form letter Hill/SWRB to Hamilton; enclosed notice of ap, post by 05/04/1960 affidavit by 05/31/1960
    041960 Notice of Application to Appropriate Water; (5th copy) mailing list on back, 11 parties
    041960 form letter Hill/SWRB to Postmaster/Elk Creek; please post
    042760 Affidavit of Posting Notice; on Hull road within 1/4 mile of dam; At Chrome School House, polling place, on the Newville Road
  • 041960 Notice of Application to Appropriate Water; (6th copy)
    050260 form letter Hill/SWRB to Hamilton; received affidavit, more to follow
    042760 return receipt card
    042960 letter Hill/Executive Officer to Dugan/Reclamation; added Reclamation to 11 ap mailing lists
    050660 letter Hill/Executive Officer to Hamilton; same as 19297.htm
    052360 Protest GCID; 19298 same as 19297.htm
  • UNDATED stapled to the back: same as 19297.htm
    052660 form letter Hill/SWRB to Hamilton; protests received, answer & serve answer by 06/15/1960
    052660 letter Hill/Executive Officer to Dwinell/GCID; acknowledge protests
    060260 letter Hill/Executive Officer to Dugan/Reclamation; ditto
    081560 Stipulation Under Article 14, Section 737, California Administrative Code, Title 23, Waters; submit for decision by SWRB, text as in 19297.htm
    082360 letter Hill/Executive Officer to GCID; enclosed is copy of answer to your 19297 & 8 protests
  • note on back, same to GCID & OUWUA

    1961


    022461 letter Hill/Executive Officer to Mrs. Aileen Hamilton; same as 19297.htm
    040361 letter Hill/Executive Officer to Dugan/Reclamation; Mrs. Hamilton agreed to reduce her diversion season to match the settlement terms, so the protests are dismissed
    040361 letter Hill/Executive Officer to Dwinell/GCID; ditto
    030960 Application to Appropriate Unappropriated Water; work copy, in red, 250 - 500 sheep & cattle;
    050261 Check for Permit; "There is a state filing (Appl. 18115) for 160,000 below A-19298 but shouldn't be affected by the amount appropriated hereunder."
    050261 Permit Terms
    051661 Approval for Signature, Water Right Permit
    UNDATED form letter Hill/SWRB to Hamilton; aps approved, $10 due ASAP
  • 070661 slip attached, OK to accept, $10.00 ck
    070661 letter Hill/Executive Officer to Dugan/Reclamation & Dwinell/GCID; FYI permit 12830 issued on Ap 19297
    070661 receipt, permit fee $5.00
    070661 form letter Hill/SWRB to Hamilton; permits issued, you have things to do
    113061 letter Hill/Executive Officer to Hamilton; same as 19297.htm

    1963


    031063 Progress Report by Permittee for the Year 1962; work completed, 12' drawn down end of season; 600 sheep, 30 cattle, 100 brood sows;
    032663 letter Hill/Executive Officer to Hamilton; enclosing blanks to file for additional 3 a-f of storage, file in duplicate with map, include $10; & apply with Supervision of Dams for dams over 6' high & store 50 a-f or more [either? both?]

    1964


    121464 Progress Report by Permittee for the Year 1964; work completed, 10' down end of season; 600 head, fishing & swimming; deer, pheasants, ducks, doves, quail

    1965


    051065 notice, inspection 05/18/1965 F.M. Kuchta will be at Newville at 10:00 a.m.
    051965 Report of Inspection; reservoir capacity = about 16 AF, Spiderweb survey - Transit-stadia - Height of dam etc. by hand level. Depth of water in reservoir by sounding from kayak. Reseroir plotted and planimetered to obtain areas." [to p. 2] "Livestock drink direct from the reservoir--sheep, cattle and pigs. Recreational use is fishing." use "Normal for this area. Water is collected during the winter months when it would otherwise waste into the ocean" "About 500 head of sheep and about 500 head of hogs." diversion "From about December 1 to about March 15 (there is during some years a small amount of collection both before and after these dates.)"; max use 1963; max diversion 1959-60; held over in dead storage 4 or 5 AF; "Riparian to stream. [uh,] Also has another reservoir covered under A-19297 for this same range. An irrigation reservoir is being constructed under A-20513." [to p. 3, 4] "Earthen fill dam 18' high x 210' long. 3-1/2' freeboard. Small amount seepage, but water clear." "Water was drawn down about 0.35' at times of inspection. Distance between high water line and water line" 05/18/1965 "averaged about 1'..." [to a second p. 4] "REMARKS This dam has some seepage at the west end and 2 or 3 feet below spillway level. The water is clear and Mrs. Hamilton said that it has remained quite constant during the years since the dam was constructed. There has also been some sag and settling near the center. It is planned to correct both of these items, this winter, if possible. [para] The reservoir has filled completely every year since it was constructed with the exception of the winter of 1963-64. During the winter of 1964-65, it filled during the Christmas storm and caused some concern as to whether or not it might overflow at the sag in the center. [para] As noted on Page 2 of this report, 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 only flows during the period December 1 to March 15, so the normal collection season is limited to that period. [para] Mrs. Hamilton has been advised of the fact that the reservoir holds slightly more than the amount covered under permit."
  • photo, "view across reservoir" [looking N/E towards Rocky Ridge from up the hill?
    052265 Request for License
    030960 Application to Appropriate Unappropriated Water; permit copy,
  • 070661 Permit No. 12831
  • UNDATED "Important" red printed warnings, attached thereto
    060765 Check for License; "unnamed stream trib. Watson Cr. th. Grindstone Cr. th. Stony Cr.

    1966


    030966 License for Diversion and Use of Water;
    010666 Approval for Signature, Water Right License
    030966 form letter Hill/SWRB to Glenn County Recorder; please record licenses for 19297 & 8
    030966 form letter Hill/SWRB to Hamilton; licenses issued, enclosed
    030966 License for Diversion and Use of Water; recorded copy

    1969


    021069 Report of Licensee for 1966, 1967, 1968; used every month, stockwatering, fishing and swimming; "and picnicking provided for around fifty persons." [!]

    1971


    102871 Report of Licensee for 1969, 1970, 1971; used every month, spilled every year, full every year, very low end of year, "just about enough water left to keep fish alive." cattle, sheep, horses; persons, 2 to 30; fishing, boating, swimming; "Deer and other wild life use the pond."

    1975


    031575 Report of Licensee for 1972, 1973, 1974; used every month, spill every year, full every year; 10' down end of 1972 & 3, 12' down end of 1974; stock 165 head cattle, sheep, horses; fishing, swimming, boating; "the spillways were emptied into creek beds so there is no erosion." reuse: "When my lakes are full one spills into the other the second spills into my sons, A. Leon Whitney."; "My lakes are on dry streams. I only collect water during rainy weather as the streams dry up usually by April."; "We clean the silt with equipment when the lakes lower in the fall."

    1978


    051578 Report of Licensee for 1975, 1976, 1977; used every month, did not spill, 1975 1/2 full, 1976 & 7 1/4 full; empty 1975 & 6; 12 horses, 60 cows, 20 sheep; fishing & swimming; reclaim: "No water is removed from the pond"

    1981


    010181 Report of Licensee for 1978, 1979, 1980; used every month, spilled every year, 5' down end of each year; 110 cattle, horses, & geese; swim & fish; picnics; erosion: "Clean the silt in upper part when water is low with Bulldozers carryall"; "The only water takne from the dam was used by the Forest Service to fight fires. Taken out by helicopters."

    1984


    013084 Report of Licensee for 1981, 1982, 1983; used all months for livestock, spilled every year; 10 to 12' down end each year; 100 head beef cattle; fishing;

    1986


    010586 Report of Licensee for 1984, 1985, 1986; used every month except Nov - Feb; spilled every year, 10' down end of each season; 50 beef cattle; fishing

    1990


    031490 letter McAnlis/Permit & License Unit to Whitney; you informed you acquired the Aileen Hamilton properties, Aps 19297 & 8, will change records in 30 days unless hear otherwise; inclosed are report forms 1987-89,

    1993


    012593 Report of Licensee for 1990, 1991, 1992; used every month; did not spill; 5' down mas in 1990 & 1991; 12' down end of 1990 & 1, 10' down end of 1992; 200 head beef cattle; 4 persons, garden, yard, fishing; "This reservoir is used primarily for stock watering and is needed 12 months per year."

    1998


    071998 Report of Licensee for 1995, 1996, 1997; used every month; spilled 1996 & 7, not 1995; 4' down max 1995; 12 feed down end of 1995, 8' down end of 1996 & 7; 200 head, fishing.

    2002


    010202 Report of Licensee for 1998, 1999, 2000; used every month; spilled every year, down 8' end of 1998, 9' 1999, 10' 2000; 200 head; fishing, swimming

    [nothing after]

    Return to Stony Creek Water Wars.

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