THE STONY CREEK WATER WARS - SWRCB APPLICATION A019913

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 A019913 - James E. & Nora. Drew Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l007875%20a019913.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: David H. Wood Family Truust
Address: c/o David Wood, 955 Rd. 303, Elk Creek, CA 95939

Application 19913, ( 19437, 19911, 19912 )
Applicant: James E. Drew and Nora Drew [crossed off]
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 13081 Issued

121365 Received Notice of Assignment to Clair, Marjorie, James M. & Jerry D. Spurlock

051866 Rept. of Insp. by F.M. Kuchte

010467 License 7875 issued & mld to Glenn CR

102771 name of Clair Spurlock dropped

050184 Asgd to David H. Wood Family Trust [HERE, 12/15/2009]

[Inside of file back cover]

UNDATED PROGRESS DATA;

use: stockwatering & recreational,

source: unnamed stream - Stony Creek - Sacto R

amount: 7 afa (2 reservoirs)

Pt. of diversion: SE 1/4 of SW 1/4 & SW 1/4 of NW 1/4 S11 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;

012561 map showing POD/POU 19913, outside SW bend of Willows Road in S11, 2 copies [where is 2nd use?
UNDATED survey map 2.4 a-f capacity, recalculated to 2.439 "An earthen fill dam 17' high to crest having 2-1/2' freeboard, water down 7' 05/18/1966, entire reservoir contained within SE 1/4 of SW 1/4 of S11
101066 topo map, 19912 divertion next to road in SE 1/4 SE 1/4 S19 T21N R6W

envelope "SUPERSEDED" in back of file:

012561 map, as above, 2 copies

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 Stony Creek, Sacramento,

1) N 700' & E 1500' from SW corner S11, SE 1/4 of SW 1/4 S11 T20N R6W 2) S 1600' & E 1200' from NW corner S11, SW 1/4 of NW 1/4 [app split off later?] 1) 14' high 300' long 3' freeboard earth, True Dam, 1935 2) 20' high 300' long 3' freeboard earth, Divide Dam, 1957

100 head cattle; Claimants below: H.W. Jamieson Enterprises, Elk Creek

010961 note attached 4 appls (1 for Spurlock), OK to file fee in full, DWS
010961 receipt $10.00
011061 form letter Hill/SWRB to Drew Ap received given #19913
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; 19913; 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 Willows-Elk Creek Road

060161 Notice of Application to Appropriate Water
061261 form letter Hill/SWRB to Drew, received affidavits
[ 102661 MISFILED in 19913 file s/b 19911, letter W.A. Brown/Supervision of Dams to Mr. L.C. Jopson/SWRB "...James E. Drew Ap. #373, 10/06/1961 James E. Drew, 316 No. Lassen Street, Willows, California filed with this office an appliction for appoval of plans and specifications for the construction of an earth dam to be 23 feet in height, with a storage capacity of 70 acre-feet, at an estimated cost of $9,500 in NW 1/4 of Section 29, T21N, R6W, MDB & M., County of Glenn to be used for diversion and storage for irrigation purposes. Remarks: Dam constructed prior to 1929. WHB" ]
010961 Application to Appropriate Unappropriated Water, work copy?
091261 Check for Permit

010961 Application to Appropriate Unappropriated Water, work copy?
103061 Approval for Signature
112761 Permit Terms, construction before 06/01/1962 completed by 12/01/1964 use by 12/01/1965; diversion 12/01 - 03/15, 7 a-f/yr, no fill after 03/15 for seepage & evaporation; SWRCB access
112761 form letter Hill/SWRB to Drew 19911, 12, 13 approved, $15 due within 10 days "if possible" [else?]
120161 receipt, $5 for 19913
120461 form letter Hill/SWRB to Drew, permits issued, etc.

1963

110963 Progress Report by Permittee for the Year 1963; "Dam is completed"; went dry April, did not spill, 11 feet down at max; 200 [head]

1964

121064 Progress Report by Permittee for the Year 1964; completed, used 01/01 - 05/01; dry January to Dec [uh, mistake?]; spilled, not emptied, dry at end of season; 100 head;

1965

121365 F Progress Report by Permittee for the Year 1965; completed, used January to May; dry Apr to Nov; spilled; reservoir emptied; 400 head

note attached change of address
122265 letter Hill to Spurlock, unless hear otherwise within 30 days, changing ownership to Clair Spurlock, Marjorie Spurlock, James Marshall Spurlock, Jerry Drew Spurlock;

1966

011866 letter Hill to Spurlock, changing names again as 12/22/1965 letter
UNDATED 05/18/1966 form letter M. Kuchta will inspect
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 01/09/1961, 3.5 a-f/a; 1) 2.4 a-f/a, 2) 1.1 a-f/a

052066 Report of Inspection, F.M. Kuchta unaccompanied; 7 a-f allowed, 2) 5, 2) 2; 12/01 - 03/01, but Recommendation, 1) 2.4 af SE 1/4 SW 1/4 S11, 2) 1.1 af SW 1/4 of NW 1/4 S11; minimum flow: "after heavy rains cease until they begin in fall"; 3.5 a-f capacity: 1) 2.4 af, 2) 1.1 af; "transit-stadia spiderweb surveys to determine the area. Drawdown by transit & rod. Height of dam etc. by hand level. Watered areas sounded by wading.; [p. 2] True & Dixie dams; "Livestock drink direct from the reservoirs. wasteful? no, "Normal for this area. Reservoirs are small (actually too small) and if water were not collected during the winter months it would waste into the ocean." "have been as many as 400 head of cattle in this pasture although 100 to 200 head is more normal." none held over in dead storeage, but "Would be for livestock if reservoirs did not go dry." "Spurlock Ranch also has Applications 19437, 19910, 19911 and 19912 (all reservoirs) for use in this area as well as riparian right to use from springs and flowing streams on property." [mis-states Angle rights] [p. 3] 1) permit 5 af, actual capacity 2.4 af; 2) 2 af, actual 1.1 af; "No calculation of annual use -- full 3.5 af goes each year but the greater part to evaporation and seepage." [p. 4] survey drawing, [1) ? ] "an earthen fill dam 17' high to crest having 2-1/2' freeboard, water down 7' 05/18/1966, 2.4 af; [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 these two small reservoirs are located is a portion of the 8000 acres of grazing land that the Spurlocks own in this area. They normally maintain a basic herd of about 200 head of cows and calves although since they are buying and and selling cattle all the time the herd may vary from a low of 100 head up to a high of 700 or 800 head. [para] Cattle are kept in this pasture as long as feed and water are available. Since they do not send cattle to a mountain pasture in the summer months, use may be made at any time until the reservoirs go dry. 400 head of cattle made use of these reservoirs for a time in 1965, which is about the maximum. Less than 100 head are in the pasture at the present time and it appears that both feed and water will be gone by July." [photos of each, #2 a puddle]

010961 Application to Appropriate Unappropriated Water [another copy]

112761 Permit No. 13080
- [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, #7874 recorded

011167 certification of true copy of license
010567 return receipt card, Spurlock

052567 notice of inspection, Ap. 019113 [MISFILED]

1968

110168 Report of Licensee for 1966, 1967, 1968; stockwatering, Dec - June each year; "As this property is rented out no. of animal units is not known."

1971

102871 Report of Licensee for 1969, 1970, 1971; used Jan - Apr, 1969-70; spilled each year, dry end of season; "number of hd not known as this acreage is under lease"
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 - June, Nov-Dec 1972; used full amount each year, spilled each year, dry every year; livestock watering; silt: "range not overgrazed"; after use "put back on the range thru the livestock"; waste materials: "livestock waste"; "this ranch is rented out, number of livestock not known."

1978

122278 Report of Licensee for 1975, 1976, 1977; used Jan-May, & Dec. 1977, none other years drought conditions; spilled 1977 not other 2 years; end of season 4' down 1977, dry other 2 years; 200 head of beef cattle 1977; 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-May , & Nov-Dec each year; spilled each year; end of season 2' down 1979 & 1981, 3' down 1980; water 200 head beef cattle each year; silt: "we do not overgraze the range";

1984

050184 change records to David H. Wood Family Trust, 19913, 24810, 24811, 25118 & stockpond certificates 389, 390, 391, 392, & 393
120384 enclosed is your Report of Licensee for 1982, 1983, and 1984

UNDATED Note thereon, "Thanks very much for your" 12/17/1984 "mailing of coipies of our licenses acquired from Spurlocks. We did not have copies of them!" /s/ D.H. Wood, Trustee

121284 Report of Licensee for 1982, 1983, 1984; used every month, then all crossed off; spilled every year; 1982 8' down, 1983 7' down, 1984 4' down; 140 head 1982, 148 head 1983, 157 head 1984; silt "this dam by itself collects silt"; after use, "carried and discharged by the livestock"; waste: "Water is discharged as bovine urine"; specific material: "discharged water contains nitrogen which is valuable fertilizer for the soil"; "This whole report seems unnecessary."

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

021288 Report of Licensee for 1985, 1986, 1987; did not use full licensed, used Nov-May ; spilled 1985 & 6, not 1987; no water stored 1987; 8' down end of season 1985, empty other 2 years; 70 cattle 1985 & 6, none 1987; "No water ran into this pond in any of the three years. No water was used in any of these years because the reservoir was always dry."

1994

012094 Report of Licensee for 1991, 1992, 1993 did not use full licensed; 1991 none, 1992 Jan-Feb, May-Aug, 1993 Jan-May; spilled 1993 only; 1991 dry all year; 1992 3' down at max; end of season dry 1991 & 2, 5' down 1993; 1991 no livestock, 1992 70 cows, 1993 100 cows; silt: This reservoir is functioning in that capacity [?]; after use water is "distributed by cattle"; "Could not use any water in 1991 because there was no water to use. Land is rented out and exact nubmers of cows are not available."

1995

050795 Report of Licensee for 1992, 1993, 1994; spilled each year; emptied 1992 & 3, not yet 1994; stock 50 cows/calf each year; wildlife each year;

2000

101600 letter Sheely/Environmental Review to Metz/Rangeland Mangement - Specialist, USDA Natural Resources Conservation Service, Willows, confirm 5 stockpond certificates for J.D. Spurlock,

389 2.55 afa,

390 2.88 afa,

391 1.89 afa,

392 1.74 afa,

393 2.68 afa;

24810 0.3 afa,

24811 1.35 afa

25118 0.7 afa, [unnamed to Nye to Willow]

19913 35 afa; [error s/b 3.5] "Our records show water rights for seven stockponds listed on the map. In total, six reservoirs marked as being owned by Mike and Kathy Landini appear to have no water rights associated with them...possible that the previous owner has a valid basis of right for each of the reservoirs (storage of wellwater, pre-1914 right with no statement of use submitted to SWRCB, etc.)

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

2006

031306 Report of Licensee for 2003, 2004, 2005, 150 cows each year; conservation: "Rotational grazing/riparian zones" [?]

2009

030609 Report of Licensee for 2006, 2007, 2008 ; spilled 2006, not other 2; 2007 4' down at max, 2008 empty; 2007 4' down at min, 2008 empty; 2006 150 cows, 2007 100, 2008 75;

Return to Stony Creek Water Wars.

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