THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (12/15/2009)

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

SWRCB APPLICATION A019912 - James E. & Nora. Drew Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l007874%20a019912.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: Jerry Spurlock
Address: P.O. Box 67, Elk Creek, CA 95939

Application 19912, ( 19437, 19911, 19913 )
Applicant: James E. Drew and Nora Drew
Received 01/09/1961 Maps Filed 01/09/1961 Maps A;
Forms Sent 06/01/1961 8, 8A , 8B; Fee $10.00

Protests:
  • [none]

    Remarks
  • 060861 Affidavit of Publication Received
  • 112761 Permit 13080 Issued
  • 051866 Rept. of Insp. by F.M. Kuchte
  • 010467 License 7874 issued & mld to Glenn CR
  • 102771 name of Jemes E. Drew dropped
  • 032188 Asgd Jerry Spurlock

    [Inside of file back cover]

    UNDATED PROGRESS DATA;
  • use: stockwatering & recreational,
  • source: unnamed stream - Grindstone Creek - Stony Creek - Sacto R
  • amount: 3 afa
  • Cooperation U.S. Govt.: not in N.F.
  • In Investigated Area: U.S. vs. Angle Decree
  • notices to Reclamation

    LOOSE PAPERS IN BACK OF FILE;

    012361 map showing POD 19910, 11, 12, sort of....
    UNDATED survey map 2.0 a-f capacity, recalculated to 1.955 "An earthen fill dam 19-1/2' high to crest having 2-1/2' freeboard, water down 2-1/2' 05/18/1966, dense tule up against the dam in the reservoir
    101066 topo map, 19912 divertion next to road in SE 1/4 SE 1/4 S19 T21N R6W

    envelope "SUPERSEDED" in back of file:
  • 010961 Application to Appropriate Unappropriated Water, same as bound in file

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

    1961


    010961 Application to Appropriate Unappropriated Water; James E. & Nora Drew, unnamed stream tributary to Grindstone Creek, Stony Creek, Sacramento, N1100' & W 960' from S/E corner of S19, 18' high 99' long 3' freeboard, earth, "Tin House Dam"; 60 head beef & fish culture; stamped SUPERSEDED
  • 010961 note attached , 4 appl (1 for Spurlock), OK to file fee in full, DWS
    010961 receipt $10.00
    011061 form letter Hill/SWRB to Drew Ap received given #19912
    012361 map 19912 [19913 & 19911 crossed off map], another copy of loose out of date sequence
    030961 letter Hill to Dugan/Reclamation, 23 ap notices
    060161 form letter Hill/SWRB to Drew , post notices by 06/16/1961, return affidavit by 07/11/1961,
    060161 Notice of Application to Appropriate Water; mailing list on back;
    060161 form letter Hill/SWRB to Postmaster Elk Creek, please post 3 notices [19911, 12, 13]
    060661 Affidavit of Posting Notice 19912 , Clair Spurlock, 2 different spots on Alder Springs Road
  • 060161 Notice of Application to Appropriate Water
    061261 form letter Hill/SWRB to Drew, received affidavits
    010961 Application to Appropriate Unappropriated Water, work copy?
    091261 Check for Permit
    091261 Permit Terms, construction before 06/01/1962 completed by 12/01/1964 use by 12/01/1965; diversion 12/01 - 03/15, 3 a-f/yr, no fill after 03/15 for seepage & evaporation; SWRCB access
    103061 Approval for Signature
    112761 form letter Hill/SWRB to Drew 19911, 12, 13 approved, $15 due within 10 days "if possible" [else?]
    120161 receipt, $5 for 19912
    120461 form letter Hill/SWRB to Drew, permits issued, etc.

    1963


    110963 Progress Report by Permittee for the Year 1963; "This Dam is completed"; 100 cattle 3-4 months; 10' drawdown end of season

    1964


    121064 Progress Report by Permittee for the Year 1964; completed, used 11/01 - 07/31; spilled this year, not emptied, 8' down end of season; 100-200 head;

    1965


    120565 Progress Report by Permittee for the Year 1965; completed, used January to May; spilled; 200 head cattle
    122265 letter Hill to Spurlock, unless hear otherwise within 30 days, changing ownership to Clair Spurlock, Marjorie Spurlock, James Marshall Spurlock, Jerry Drew Spurlock; how about for 19912 & 19437?

    1966


    120565 Progress Report by Permittee for the Year 1965; completed, used Jan - Apr; dry Apr - Nov; draw down 8 - 10'; 100 cows with calves; [a different version of 1965 report]
    011866 letter Hill to Spurlock, changing names again as 12/22/1965 letter
    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 Grindstone Creek thence Stony Creek thence Sacramento River" stockwatering & recreational uses, priority 01/09/1961, 2 a-f/a
  • Report of Inspection, F.M. Kuchta unaccompanied; reservoir within SE 1/4 of SE 1/4 of S19 T21N R6W; collection stops "after heavy rains and until they begin in fall"; 2 a-f capacity; "transit-stadia spiderweb survey to determine area. Sounded from kayak. Plotted to scale and planimetered. Height of dam etc. by use of hand level. [p. 2] "Livestock drink direct from the reservoirs. Reservoir also used for fishing and duck hunting." "About 200 head of cows and calves" held over, "possibly 0.5 AF normally", for "Stock and fish"; "This is a part of the Spurlock Ranch which also has Applications 19910, 19911, 19913 and 19437 (all reservoirs) as well as riparian right to use from springs and flowing creeks on property." [p. 3] "No calculation of seasonal use -- evaporation and seepage vary from year to year and both exceed use by cattle." [p. 4] survey drawing, "an earthen fill dam 19-1/2' high to crest having 2-1/2' freeboard, water down 2-1/2' 05/18/1966, 2.0 a-f; [p. 5] "Remarks; This property is actually a portion of the 8000 acre Spurlock ranch although it still remains in the names of James and Nora Drew. James Drew is Jerry and James Spurlocks [sic, no ' ] grandfather. He has disposed of the greater part of his property by gift deeds but has retained this particular property because it is an old homestead. Eventually it will be inherited by the Spurlock's. [para] The Spurlock ranch runs about 200 head of cows and calves as a basic herd but also they are continually buying and selling cattle, so, while the herd does not drop much below 200 head, it may at times be as high as 700 to 800 head. About 200 head of cattle are kept on this particular part of the ranch for as long as the feed lasts. They do not normally take cattle to a mountain range in the summer, so, cattle may be in this pasture at any time through the year. [para] The reservoir does not usually go completely dry, although, it does get very low late in the fall." photo of reservoir; lots of tules;

    010961 Application to Appropriate Unappropriated Water [another copy]
  • 112761 Permit No. 13080
    - [some warnings] glued to front of Permit
    101066 Check for License
    121266 Approval for Signature, Water Right License

    1967


    010467 License for Diversion and Use of Water, #7874 recorded
  • 011167 certification of true copy of license
    010567 return receipt card, Drew & Spurlock

    1968


    110168 Report of Licensee for 1966, 1967, 1968; stockwatering, 100 head, each year; "No. of livestock and months of use will vary due to feed and weather condition"

    1971


    102571 Report of Licensee for 1969, 1970, 1971; Jan - Apr, 1969-70; Jan-May 1971; spilled each year; no measurement below spillway made at end of season; approx. 100 head commercial herford
  • card appended: change to Nora Drew, James E Drew is deceased, etc.
    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; diverted Jan-Apr; spilled all 3 years; approx 10' down from spillway end of each season; 100, 90 & 90 head; fishing & stockwatering; 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-Apr 1975, none 1976 drought conditions; Jan-May & Dec, 1977; spilled 1977 not other 2 years; end of season 2' down 1975, dry 1976, 1' down 1977; stockwatering 50 beef 1975 & 1977, none 1976; silt: "we do not over graze our range", after use "put back on the range thru the livestock"; reclaim: "none possible"

    1982


    022682 Report of Licensee for 1979, 1980, 1981; used Jan-May , & Nov-Dec; spilled each year; end of season 2' down 1979 & 1981, 3' down 1980; water 100 head beef cattle each year; silt: "control of livestock 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; full end of all 3 seasons; 50 beef cattle; silt: "we do not overgraze the range"

    1988


    011988 Report of Licensee for 1985, 1986, 1987; used Nov-May ; spilled all 3 years; full at end of season; 50 commercial beef cattle; silt: "we do not overgraze our range"
  • 011988 note attached, change to Jerry Spurlock
  • 032988 form letter Wright/Div WRights to Jerry Spurlock, changing records to Jerry Spurlock

    1991


    030191 Report of Licensee for 1988, 1989, 1990; used Jan-Apr, Dec '88; Jan-Apr '89; dry 1990; spilled 1988, not 1989 or 1990; 1989 max 3' down, 1990 dry; 50 1988, 30 1989, zero 1990, commercial cattle; silt: "range is not overgrazed"; "Cattle numbers have been reduced due to drought condition"

    1994


    030594 Report of Licensee for 1991, 1992, 1993 used full licensed ; 1991 Jan-Apr; 1992 & 3, Jan-Apr & Nov-Dec: spilled 1992 & 1993, not 1991; 3' below max 1991, full 1992 & 1993; 40 head 1991, 50 1992 & 1993, commercial cattle; silt: "range is not overgrazed"; "cattle numbers were reduced in 91 due to drought conditions."

    1995


    071095 Report of Licensee for 1992, 1993, 1994 used full licensed , Nov-Apr; spilled 1992 & 3, not 1994; full 1992 & 3, 3' down 1994; end of season full 1992 & 3, 3' down 1994; /s/ Hank Spurlock

    1998


    050198 Report of Licensee for 1995, 1996, 1997 used full licensed amount of water; Nov-Apr; spilled each year?, not emptied, full at end of season; 60 head each year, /s/ Hank Spurlock

    2001


    122801 Report of Licensee for 1998, 1999, 2000 used full licensed used full licensed amount of water each year; used Nov-May; spilled each year, not emptied, full end of season 1998 & 9, 3' down end of 2000 season; 60 head each year; fishing each year

    2003


    123103 letter Satkowski/Licensing to Spurlock ; ownership change?
  • 110503 Address change [2003 out of date sequence]

    2004


    112404 Report of Licensee for 2001, 2002, 2003 nothing marked for direct diversion; spilled each year, not emptied, 60 cattle

    2005


    042505 Request to BOE for Action on Water Right Accounts, address change
    120405 Petition for Reconsideration and Determination of 'Water Rights Fee' Due and Joinder in California Farm Bureau Federation's Petition for Reconsideration
  • 110705 Notice of Determination, water rights fee $100.00,

    2007


    041007 Report of Licensee for 2004, 2005, 2006 ; spilled all years; 60 head 2004 & 2005, 65 2006, cow & calves;
    Return to Stony Creek Water Wars.

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