THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (12/17/2009)

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

SWRCB APPLICATION A019437 - James M. Spurlock Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l007871%20a019437.pdf ]

[schedule of allowed Angle Decree usage at http://www.mjbarkl.com/limits2.htm shows that SWRCB did not have jurisdiction to consider this application]

[Maps?]

CORRESPONDENCE VOL. 1 OF 1 RECORD OF FOLDER [" F " - date filed if date originated not evident]

[Inside of file front cover]

Applicant: James M. Spurlock
Address: 435 Stampfli Ln., Greenville, CA 95947

Application 19437 (19348, 19349, 19350 all not found? see 11/03/1960 letter) ( 19911, 19912, 19913)
Applicant: James E. Drew [crossed off see below]
Received 05/12/1960
Maps Filed 05/12/1960 Maps A;
Forms Sent 08/09/1960 8, 8A , 8B; 03/14/1961 8a, 8b
Fee $10.00

Protests:
  • 081660 Orland Unit Water Users Assoc, Dismissed or withdrawn 06/28/1961
  • 083060 Glenn-Colusa ID, Dismissed or withdrawn 06/28/1961
  • 090860 USBR, Dismissed or withdrawn 06/28/1961

    Remarks
  • 121360 Amended Application Received
  • 032061 Affidavit of Posting Received
  • 062261 Permit 12973 Issued
  • 010766 Received Notice of Assignment to Clair, Marjorie, James M. & Jerry D. Spurlock
  • 051966 Rept. of Insp. by F.M. Kuchte
  • 010467 License 7871 issued & mld to Glenn CR
  • 102771 name of Clair Spurlock dropped; Dropped Marjorie and Jerry Spurlock

    [Inside of file back cover]

    UNDATED PROGRESS DATA;
  • use: stockwatering
  • source: unnamed stream - Stony Creek - Sacto River
  • amount: 15 afa
  • Pt. of diversion: NW 1/4 of SE 1/4 S21 T20N R6W
  • Cooperation U.S. Govt.: not in N.F.
  • In Investigated Area: U.S. vs. Angle Decree
  • notices to Reclamation w/ 2 copies

    LOOSE PAPERS IN BACK OF FILE;

    UNDATED map on SWRCB grid showing reservoir in NE of SE S20, not S21

    envelope "SUPERSEDED" in back of file:
    051260 F map on SWRCB grid showing reservoir in NW of SE S21, 2 copies prepared by Hugh W. Killebrew, Jr.
  • 093066 map on topo, shows S20
  • 010961 Application to Appropriate Unappropriated Water, same as bound in file

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

    1960


    051260 Application to Appropriate Unappropriated Water; James E. Drew, unnamed gulley tributary to Stony Creek thence Sacramento River, 15 a-f, 10/01 - 04/30, stockwater: cattle & sheep; 2799' at N 45-degrees West from SE corner S21, within NW 1/4 of SE 1/4 S21 T21N R6W; dam 16' high, 150' long, 3' freeboard, earth, surface 5-1/2 acres, capacity 15 a-f; completed 1956 & in use ever since; amount needed based on experience: 200 head of mixed cattle, sheep and horses. 100 head cattle; Claimants below: H.W. Jamieson Enterprises, Elk Creek
  • UNDATED 2 notes attached fee $10; OK to accept, fee in full
    041260 receipt $10.00
    041460 letter Hill/XO to Killebrew/atty Colusa, cannot accept one of the 4 applications, need amount to store, point of diversion, number & kind of stock
    051060 letter Killebrew/atty Colusa to Hill/SWRB ap enclosed with corrections
    051360 note Hill/XO to Klusman, please release $10 from uncleared collections from Drew & apply as filing fee 19437
    062260 letter Hill/XO to Dugan/Reclamation on mailing list for 11 Aps
    080960 form letter Hill/SWRB to Drew , post notices by 08/24/1960, return affidavit by 09/19/1960,
    080960 Notice of Application to Appropriate Water; 19437; mailing list on back;
    090760 8 Certified Return cards
    080960 form letter Hill/SWRB to Postmaster Elk Creek, please post notice
    081560 letter Frost/atty Willows to SWRB, enclosing protest of OUWUA
    081560 Protest, OUWUA, R.W. Hollis, Manager of Orland Unit Water Users Association a corporation; "injury to the above named corporation as follows: the entire flow of Stony Creek and its tributaries during each annual season at and near the point of proposed diversion is necessary 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. Bur. 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
  05/04/1987
  Decree of U.S. Dist. Ct. 01/13/1930
    Terms, may be disregarded and dismissed if "applicant's diversion is limited to the period between Dec. 1st of each year to and including Mar. 15th of the following year." "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 the predecessors in interest of the applicant) were adjudicated by Judical decree dated Jan. 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 successor in interest to the beneficial water rights of the U.S. of Amer. and the ORLAND UNIT WATER USERS' ASSOC., date August 16, 1954. There are no other or additional waters in Stony Creek and its tributaries subject to appropriation during the irrigation season, or reservoir storage season at East Park Reservoir, at Stony Gorge Reservoir, at diversion dams and at tributary diversion dams, reservoirs and structures."

    082260 form letter Hill/SWRB to Drew, protest received, answer by 10/03/1960
    082360 letter Hill/XO to Frost/atty acknowledge receipt of protest

    082960 letter P.J. Minasian/atty to SWRB, enclosed GCID Protest
    082960 Protest, Glenn-Colusa Irrigation District, "injury to us" - "Deprive protestant of water it requires for irrigation of land within its boundaries and to which it has vested rights." Disregard if "the diversion season is limited to the period between December 1 and March 14 of the following year."
    UNDATED unmarked attachment:
  • "The Glenn-Colusa Irrigation District supplies water to approximately - 148,000 acres of land within its boundaries. In recent years it has irrigated approximately 45,000 acres of rice, and 30,000 acres of general crops each year and to supply these crops its water rights are fully used.
  • Water was first diverted and used by the Central Irrigation District (predecessor of protestant) in 1906. 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.
  • 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 Stony Creek Canal Co. of 500,000 miners inches; notice posted January 1 [21?], 1884, Recorded February 9, 1884, Book A, page 84, Miscellaneous Records, Colusa County.

    2. Appropriation by M.H. Sheldon of 5,000 sec. ft. of water from Stony Creek; Notice posted April 15, 1903, Recorded April 16, 1903, Book 2 of Miscellaneous Records, page 66, Glenn County Records;

    3. Appropriation by Central Canal and Irrigation Co. of 5,000 sec. ft. of water from Stony Creek; Notice posted November 23, 1904, Recorded November 25th, 1904, Book 2 of Miscellaneous Records, page 105, Glenn County Records; and

    4. Appropriation by Central Irrigation District of 5,000 sec. ft. of water from Stony Creek, posted April 26, 1905, Recorded May 5th, 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 by the original Central Irrigation District (predecessor of Glenn-Colusa Irrigation District) in about the year 1889. Since about the year 1906 all waters of Stony Creek reaching the District's point of diversion during the irrigation season 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.
    1.
  • The rights to the water of Stony Creek, including that of protestant, were adjudicated in the case of U.S. v. Angle, etal, [sic] No. 30 U.S. District Court. (Northern Div. Northern Dist. of Calif.)
  • No water is available in Stony Creek or its tributaries for appropriation by applicant or others between March 14 and December 1 of each year.
    2."

    090660 letter Hill/XO to GCID, protest acknowledged, note that applicant has been served

    060661 Affidavit of Posting Notice 19912 , Clair Spurlock, 2 different
    090760 letter Dugan/Reclamation to Hill/SWRB enclosed is a Reclamation protest
    090760 Protest, "H.P. Dugan, Regional Director, Region 2, United States Bureau of Reclamation, P.O. Box 2511, Sacramento, California, on behalf of the United States of America, acting through the United States Bureau of Reclamation for the beneficiaries of the Central Valley Project, California" "...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 Orland Unit Water Users' Association within the boundaries [uh, the Project is not CVP] of the Orland Project as holders of water rights of the United States Bureau of Reclamation except for certain riparian and appropriative rights established by Judicial decree." "Priority rights acquired in 1888 and 1897 and decree in United States District Court dated January 13, 1930. Stony Creek waters were adjudicated by (a) See reverse side, [which is] (a) Judicial decree dated January 13, 1930, in one Northern District of California, Second Division in the case of United States of America, 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." "...protest may be disregarded and dismissed if it is assured that no injury will result to the operation of the Orland Project." [red ink] "If collection period is reduced to Dec. 1 through March 15 of the suceeding [sic] year, this protest may be dismissed. As per Telephone conversation with Frank Maritses on June 21, 1961." copy served by "registered mail"

    091460 letter Hill/SWRB to Drew, no affidavit filed yet
    091660 letter Hill/SWRB to Dugan/Reclamation, protest received, note copy was served on applicant
    110360 letter Hill/XO to Killebrew/Drew atty, San Francisco, Aps "19348, 19349, 19350 of James E. Drew were canceled on" 09/12/1960 "for failure to complete..." Ap 19437 "was advertised on" 08/09/1960 "and protests against the appropriation were received from" OUWUA, GCID, and Reclamation. "We note from our files that answers to these protests have not been served upon the protestants pursuant to our rules and regulations which provide that answers to protests against an application must be submitted to the State Water Rights Board and copies thereof served upon the protestants." etc.; 3 sets of forms to file new aps for cancelled ones if desired
    120260 letter Hill/SWRB to Drew, no response to our 09/14/1960 letter, 10 days or else cancel
    120560 2 return receipt cards, Drew & Killebrew
    120960 letter Drew to SWRB [shaky handwriting, difficult to read], "Gen'l Demurrer [?] in answer to my Application No. 19437" "Attorney [garbled] Killebrew is going to tend to this for [garbled]" "The descriptions were not right before" "we have them .. now" "So please hold off [?] till we can come down. May be after 1st of yr."

    1961


    030861 letter Hill/SWRB to Drew, still no affidavits, cancelling in 10 days
    031061 letter Killebrew/atty to Spencer/SWRB, confirm telephone conversation today, understood you will send Killebrew notices of posting for 19437
    031261 return receipt card
    UNDATED handwritten note, "Please send new notice" to Killebrew, Willows
    031461 form letter Hill/SWRB to Drew c/o Killebrew/atty , post by 03/29/1961, affidavit by 04/24/1961
    031461 Notice of Application to Appropriate Water
    031561 return receipt card
    031761 letter Killebrew/atty to Hill/SWRB, affidavit enclosed
    031761 Affidavit of Posting Notice, /s/ James E. Drew, 2 fence posts on Alder Springs Road
    031761 letter Hill/SWRB to Drew c/o Killebrew/atty, received affidavit
    052661 letter Hill/SWRB to Drew c/o Killebrew/atty, now please answer the protests from last year, by 06/02/1961
    053161 letter Killebrew/atty to Hill/SWRB "applicant has contacted some of the protestants and is informed that a storage season for the period beginning December 1st and ending March 15th of each season will be satisfactory" "please amend" cc's to OUWUA, GCID, Reclamation
    062861 letter Hill/SWRB to Drew c/o Killebrew/atty, Ap amended to show period for collection of water 12/01 - 03/15, the 3 protests are dismissed
    051260 Application to Appropriate Unappropriated Water, work copy
    082961 Check for Permit
    082961 Permit Terms, 15 a-f 12/01 - 03/15; outlet pipe; not collect 03/15 - 12/01 (about)
    091561 Approval for Signature
    112261 form letter Hill/SWRB to Drew c/o Killebrew/Atty Willows, ap approved $5 within 10 days if possible
    122861 form letter Hill/SWRB to Drew , unless $5 within 30 days we well revoke permit
    122961 return receipt card

    1962


    UNDATED note from Drew, "[?]never Rec notice for this no. [?] Dam before I still have more Numbers Down there." [shaky handwriting][thereon, 01/04/1962 $5.00 illegible initials]
    010462 receipt, $5.00
    010562 letter Hill/XO to OUWUA, GCID, & Reclamation, to inform you SWRB issued permit 11/22/1961 to Drew, 12/01 - 03/15 each winter
    010562 letter Hill/SWRB to Drew c/o Killebrew/atty, definite time for construction, progress reports, inspection, license
    010662 return receipt card
    020162 letter Brown/Safety of Dams to Drew, re letter of 01/26/1962 on Dam #373 notifying of widening of spillway to 50 feet and steel ramp built providing access to outlet control, DWR engineer will inspect & will advise; you mention approval of 5 dams, "You apparently have reference to water right applications. Copies of this letter and your letter are being forwarded to the" SWRB for their reply.
  • 012622 letter Drew to SWRB, "Dam No. 373. It is all complete 50 foot spillway and a steel ramp leading out to the screws" "p.s. I sent down for approval on 5 dams. I have heard from 4 from you."

    1965


    122265 letter Hill/XO to Spurlocks, 19911, 19912, 19913 & 19437; amending ownership to you; no 1965 reports [& where are the previous ones for 19437?]

    1966


    010466 F Progress Report by Permittee for the Year 1965; construction complete, use commenced, use not as great as intended; dry Apr - Nov; spilled this year; below crest 8 to 10 feet at end of season; 100 head;
    010466 note Clair & J.D. Spurlock to SWRB,
    051166 form letter M. Kuchta will inspect 05/18/1966
    053166 F Request for License, "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. According to the best knowledge and belief of the undersigned a right has been established to use of the waters of unnamed stream in Glenn County tributary to Stony Creek thence Sacramento River" stockwatering use, priority 05/12/1960, 7.2 a-f/a about 12/01 - 03/15,
  • 052066 Report of Inspection, F.M. Kuchta unaccompanied; 7.2 a-f allowed, about 12/01-03/15, reservoir NE 1/4 of SE 1/4 S20 T21N R6W minimum flow: "after heavy rains cease until they begin in fall"; "transit-stadia spiderweb surveys to determine the area. Sounded from kayak. Plotted to scale and plaimetered. Height of dam etc. by hand level." "Livestock drink direct from the reservoirs. wasteful? no, "Normal for this area. If water were not collected during the winter months it would waste into the ocean." held over, "Very little - less than 1 AF", for Livestock; "Spurlock Ranch also has Applications 19910, 19912, 19911, and 19913 (all reservoirs) in addition to their riparian right to use from springs, and flowing streams on property." [mis-states Angle rights] [p. 3] "Permit covers a collection of 15 acre-feet but reservoir was found to have a capacity of only 7.2 acre-feet so license is recommended in that amount." [p. 4] survey drawing, "an earthen fill dam 13' high to crest having 2-1/2' freeboard, water down 1' 05/19/1966, [p. 5] [2) ? ] "an earthen fill dam 17' high to crest having 5' freeboard, 1.1 a-f; [p. 6] "Remarks; The pasture in which this reservoir is located is a portion of the Spurlock 8000 acre ranch in this area. They maintain a basic herd of about 200 head of cows and calves but are buying and and selling cattle throughout the year. While the number of cattle on hand seldom drops below 200 head, it may be as many as 700 or 800 head. [para] About 200 head of cattle are kept in this pasture as long as feed is available which will vary from year to year. The Spurlocks do not normally take cattle to a mountain range in the summer, so cattle may be in this pasture at any time of the year. [para] The reservoir fills each year and usually does not go completely dry, although it does get very low, late in the fall." [photo ]

    051260 Application to Appropriate Unappropriated Water [another copy]
  • 112761 Permit No. 12973
    - [some warnings] glued to front of Permit
    111666 Check for License
    121266 Approval for Signature, Water Right License

    1967


    010467 License for Diversion and Use of Water, #7871 recorded
  • 011167 certification of true copy of license
    010567 return receipt card, Spurlock

    1968


    011868 Report of Licensee for 1965, 1966, 1967; stockwatering, Apr-Sept. each year, approx 200 head of cattle; "No. of livestock and months of use will vary due to feed and weather conditions"
  • UNDATED note on front, form enclosed, important, if amounts unknown check the months during which water used
    110168 Report of Licensee for 1966, 1967, 1968; stockwatering, Apr-Sept. & Dec., "No. of livestock and months of use will vary due to feed and weather conditions"

    1971


    102571 Report of Licensee for 1969, 1970, 1971; used Jan - Apr ; spilled each year; "200 hd. Commercial Cow & Calves & Steers"
    102971 letter Spencer/Northern Region to Spurlock; Clair Spurlock and James E. Drew are deceased, changed records to show Marjorie Spurlock, James M. Spurlock and Jerry D. Spurlock

    1974


    122774 Report of Licensee for 1972, 1973, 1974; used Jan - July, Nov-Dec ; used full amount each year, spilled each year, down 12' end of each year; dry every year; 200 beef cattle, stock watering; silt: "we do not overgraze our range land"; after use "put back on the range thru the cattle"; waste materials: "livestock waste";

    1978


    122278 Report of Licensee for 1975, 1976, 1977; used Jan-May, & Nov-Dec. 1975; Jan-Feb 1976; Jan-May, 1977; spilled 1977 only; end of season 8' down 1975, dry 1976, 6 feet down 1977; 100 head of beef cattle; silt: "we do not overgraze our range", after use "put back on the range thru the livestock"; reuse: none possible;

    1982


    022682 Report of Licensee for 1979, 1980, 1981; used Jan-June , & Nov-Dec each year; spilled each year; end of season 3', 2' & 2' down ; 150 head beef cattle each year; silt: "no overgrazing"; after use: "recycled thru the livestock"

    1985


    042985 Report of Licensee for 1982, 1983, 1984; used Nov-May all 3 years; spilled each year; 4', 3' and full; 100 beef cattle; silt: "we do not overgraze the range"

    1988


    011988 Report of Licensee for 1985, 1986, 1987; used full licensed, Nov-May ; spilled 1985 & 1987, not 1986; down 4', dry & dry; 100 commercial beef cattle ; silt: "we do not overgraze our range"

    1991


    030191 Report of Licensee for 1988, 1989, 1990; used full licensed, Jan-May, Nov-Dec 1988, Jan-Apr 1989, Feb-Apr 1990; spilled 1988, not other 2 years; down 4', dry & dry; 100 all 3 years commercial beef cattle ; silt: "the range is not overgrazed"; [location called "School House" by Spurlocks]

    1994


    030594 Report of Licensee for 1991, 1992, 1993; used full licensed; 1991 Jan-Apr; 1992 & 1993 Jan-Apr, Nov-Dec; no-spill 1991, spilled 1992 & 1993 only; max 5' down 1991, full other 2; min 5' down 1991, full other 2; 1991 50 head, 1991 & 1993 100 head commercial cattle; silt: "range is not overgrazed"; Cattle numbers were reduced in '91 due to drought conditions."

    1998


    050198 Report of Licensee for 1995, 1996, 1997; used full each year; spilled each year; stock 100 head each year;

    2001


    122801 Report of Licensee for 2000, 2001, 2002; used full each year; Nov-May each year; spilled each year; end of season full, full, and 3' down; evaporation or leakage"; 40 head each year;

    2003


    071503 Report of Licensee for 2000, 2001, 2002, direct diversion marked "not applicable"; spilled each year, minimum "usually empty due to evaporation or leakage"; 150 cows each year; conservation: "rotational grazing & lighter stocking rates"
    111503 F Address change

    2004


    112404 Report of Licensee for 2002, 2002, 2003; spilled each year; 70 head each year;

    2006


    031605 letter McFarland/License Unit to Spurlock, will update ownership
    032505 Request to BOE for Action, Water Right Account, address change
    120405 Petition for Reconsideration of Determination of Water Rights Fee Due and Joinder in California Farm Bureau Federation's Petition for Reconsideration [same as ap 19911]
  • 110705 Notice of Determination, $100 billing

    2007


    041007 Report of Licensee for 2004, 2005, 2006 ; spilled every year; 70 head cows & calves each year;
    Return to Stony Creek Water Wars.

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