THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (12/29/2009)

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

SWRCB APPLICATION A020104 Retzloff Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l000153%20a000334.pdf ]

[ How this application intermeshes with subsequent Angle Decree is not precisely clear, especially considering Retzloff abandonment of Angle diversion right in Angle Files 03/09/1932 ]

[Maps?]

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

[Inside of file front cover]

Applicant: The Revocable Trust of Robert F. Retzloff
Address: 6200 County Road 8, Orland, CA 95963

Application 20104
Applicant: Robert Retzloff and Bobbye L. Retzloff
Received 04/27/1961
Maps Filed 04/27/1961 Map A
Forms Sent 12/08/1961 - 8, 8a, 8b;
Fee $10.00

Protests:
  • [none]

    Remarks
  • 090661 Amended application Received
  • 092961 Report on Field Investigation by A.N. Webb
  • 122061 Affidavit of posting received
  • 041862 Permit 13490 issued
  • 082266 Report of Inspection by F.M. Kuchta
  • 041067 mailed to Glenn C.R. License 8028
  • 111975 Int. of Bobbye Retzloff asgd to Velma Retzloff
  • 021396 Asg'd to Robert Retzloff

    [Inside of file back cover]

    UNDATED PROGRESS DATA;
  • .88 cfs;
  • SW 1/4 NW 1/4 S8 T22N R3W

    LOOSE PAPERS IN BACK OF FILE;
  • 112261 map on topo, POD 300' N 300' W SE corner SW 1/4 NW 1/4 S8 T22N R3W; POU arc across S side of NW 1/4 plus adjacent wedge in NE 1/4 SW 1/4
  • 042761 map on SWRB grid, mapped by Charles E. Harris, 2 points of diversion 1) NW corner of SE 1/4 of NW 1/4 S8, 2) center south line of same quarter quarter
  • UNDATED calculations, pump #1 0.274 cfs, #2 0.219 cfs, total 0.50 cfs
  • UNDATED envelope marked superseded, empty

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

    1960


    120660 note Robert Retzloff to Dear Sir, "I would like to file for water rights, on my irrigation well. That I have along Stony Creek, north west Orland Calif. Would you send me the nessary papers to fill out. My place borders Stony Creek and I would like to have the rights for my protecting." [all sic]

    1961


    042761 Application to Appropriate Unappropriated Water ( marked Superseded ) from Stony Creek, 2,160,000 gpd (3.34 cfs ), 02/15 - 11/30; 200 a-f/a 02/15 - 11/30; irrigation of pasture land, row crop, orchard land; pump from a sump; canal 2-1/2 ' top, 1-1/2' bottom; 1' deep, 1500 feet long, grade 1-1/2' per 1000', concrete; pipe 12" diameter, 1120 feet long, grade 3' per 1,000; total lift 16' steel pipe; 2 pumps total 2400 gpm; POU N 1/2 lot 90 & lots 100 & 101, Orland Land Co., Murdock Subd.; other rights: Riparian, use in recent years: "Yes 30 yrs" season of use: "30"; area to be irrigated 44 acres: general crops 20 acres, pasture 24 acres, Feb - Nov; Claimants of water from the source of supply below POD: M.O. Young Rt. 3 Box 22 Orland, Calif; Fred Coy, Rt. 3 Box 23, Orland, Calif.; permit not filled in
    033061 note attached to front, "Filing Fee Place $10 in uncleared collections pending additional info."
    033161 receipt $10

    041061 letter Hill/XO to Retzloff, returned for clarification & COMPLETION, "The jurisdiction of this office is limited to the appropriation of surface water or water consisting of the supporting underflow of a surface stream. We note from your letter received " 12/06/1960 "that you wish to file an application for your 'irrigation well'. Please be advised that you should not file an application for the right to extract ground water from a deep well unless you believe that the well will be extracting water from the gravels immediately underlying the channel of Stoney [sic] Creek.... [para] The maximum allowance for irrigation by direct diversion which the State Water Rights Board considers reasonable is one cubic foot per second for each 50 acres of porous soil or where conveyance losses are excessive. For 44 acres this allowance is equal to .88" cfs, "and we recommend that the amount filed for in Paragraph 2(a) be reduced to this amount. [para] Storage in Paragraph 2(b) implies the collection of surplus water during the late fall, winter and early spring months in a reservoir for use later during the irrigation season. If no storage is proposed, Paragraph 2(b) must be deleted. If you do propose to store winter water, the height, length and freeboard of the dam must be specified in Paragraph 6(c) and the lands flooded by the reservoir must be shown in Paragraph 7. The storage season in Paragraph 2(b) should also be changed to cover all the winter months."

    042661 letter Retzloff to Hill/SWRB, "Since I am not applying for unappropriated water from Stony Creek, but for water that may be affected by future local or state plans; I want to apply on the following basis. [para] My sump type wells lay adjacent to the south bank of Stony Creek, and since Stony Creek actually occupies the northeast corner of my described property, I wish to file for water that now passes under the surface of this described property and do so as recommended by you to file for the maximum allowable water as referred to on page 26, paragraph 657(a) [section?]. This is not indended as a diversion as defined on page 29 under paragraph 670, but as having legal and binding right to the water raised by mechanical means from below the surface of this described land to the beneficial use to my particular needs. [para] Would you also please enclose the form for spring application?"

    042861 form letter Hill/SWRB to Retzloff your ap to appropriate from "Stoney Creek trib to Sacramento River" ...given #20104
    042861 from Hill/XO to Klusman, please release from 'uncleared collections' the $10 received from Robert Retzloff, apply to 20104
    053161 letter Hill/XO to Dugan/Reclamation, on records to receive notices on 8 aps
    072061 letter Hill/XO to Retzloff, ap returned, in para. 11, "state the acreage to be irrigated in each 40-acre tract." since POU is apparently jointly owned, please have joint owners sign, & resubmit; as you asked, enclosing forms for water from a spring.

    082461 letter Hill/XO to Retzloff, awaiting a response to 07/20 letter; "that you are not applying for unappropriated water but to obtain legal and binding rights to use the water flowing below the surface of the land. As you will observe from the heading of the application form, the right you have initiated by filing the application is, by definition, for unappropriated water. In some cases an appropriative right is obtained through this office for use of water on land already irrigated under a riparian right. Such an appropriative right does not improve or strengthen the right to irrigate the riparian land. The only advantage of the appropriative right is to place the use of water on permanent record. A record of water use often is helpful in obtaining farm loans or in negotiating for the sale of the land." Wish to proceed? amend the ap, else, withdraw it..
    082861 return receipt card, Retzloff
    091561 form letter Hill/SWRB to Retzloff, A.N. Webb will inspect 09/29/1961, will be at your home about 11:00 a.m.

    092961 Report on Field Investigation of Unprotested Application, "The applicants appear to be riparian to Stony Creek and to be overlying owners where the pumps are located. Therefore, they should be able to use water under whichever right applies. However, because of difficulties encountered by riparian owners above Black Butte Dam, Mr. Retzloff does not want to rely on the other rights. It appears advertising is in order as soon as the application is considered to be in form." [p. 2] Is supply natural? "Partially"; flow at time of investigation: "No surface flow in Stony Creek" "Mr. Retzloff stated that surface flow usually ceases by June 1"; no ditches used; water is being used, "Since at least 1920" [is the Angle record in error on POU? ] ; use of water is reasonable "Apparently duty is reasonable for this area (1:50), and use is beneficial." [p. 3] "There are other users who will probably protest. It was not the purpose of this investigation to check on these." "During what season can water probably be taken without conflict with water rights? 'Not known'" [p. 4] Additional: "It was the purpose of this investigation to look into the source of supply and to determine if the application is really necessary. It was found that the applicants have dug two large sumps 200 to 300 feet from the high water bank of Stony Creek. The sumps are about 16 feet deep and there are pump installations at each. There was no surface flow in Stony Creek and the applicant indicated surface flow usually ceases by June 1. There was water in both sumps and Mr. Retzloff stated that this water supply holds up well all summer. The present sumps have been used for about 5 years, but Mr. Retzloff stated that water has been used at various locations on the property since at least 1920 and probably before. Sumps are dug and pumps moved to fit circumstances at the time. [para] The water appears to be Stony Creek underflow and if it is it appears the applicants are riparian. If it is actually ground water the applicants are overlying landowners. When advised of this Mr. Retzloff stated that some riparian owners upstream from Black Butte Dam had been deprived of their rights and he was afraid to rely on such rights. For this reason he did not feel inclined to withdraw. It therefore appears advertising is in order. [para] It was found that two points of diversion are proposed and since the application has not been advertised the necessary changes were made and initialed by the writer." 2 photos, sumps & pumps, POD 1 & 2
  • 090861 map, Applications 18115 - 19451 regional map showing protestants Sacramento River and Delta Water Association, and Stony Creek Water Users Association

    111461 letter Hill/XO to Retzloff, enclosed is a copy of USGS Kirkwood quad, please indicate thereon POUs and return
    120861 Notice of Application to Appropriate Water,
    120861 120861 form letter Hill/SWRB to postmaster, please post
    121461 return receipt cards
    121861 Affidavit of Posting Notice, Robert Retzloff, at end of Cedar Avenue [Road Ff] and 1/4 mile south of that.
  • 120861 Notice of Application to Appropriate Water, 2nd copy
    122861 form letter Hill/SWRB to Retzloff, affidavit received
    042761 Application to Appropriate Unappropriated Water, work copy, changed to "0.88 cfs" & "Irrigation of 44 acres consisting of 29 acres within SW 1/4 of NW 1/4, 12 acres within SE 1/4 of NW 1/4 and 12 acres within NE 1/4 of SW 1/4 of" S8 T22N R3W MDB & M.

    1962


    022862 Check for Permit; duty: 1:50; clauses: rotation [with whom?]; no protests
    022862 Permit Terms, 0.88 cfs 02/15 - 11/30, etc.
    031562 Approval for Signature
    041862 form letter Hill/SWRB to Retzloff; ap approved $5 within 10 days
    050362 F note Retzloff to "Dear Sir"; "We would like you two Send us a new copy. Of are approval of Water rights. That we send in for. I must have miss placed them. I have enclosed the check for $5.00. Which if I remember right I was supposed to Enclose." [all sic]
    050362 receipt $5.00
    050762 form letter Hill/SWRB to Retzloff, enclosed permit, time for construction, extensions, annual reports, license
    050862 return receipt card

    1963


    020463 letter Retzloff to SWRB, "It seems our copy of the Water Rights to the property described in the above application is missing. Either from our home or the recorders office. We would like to straighten this matter out immediately. Would you please inform us as to how to go about getting another copy as soon as possible. According to the County Recorders office, it isn't recorded."
    020863 letter Hill/XO to Retzloff, "enclosing a Xerox copy"
    100263 Progress Report by Permittee for the Year 1963, completed a decade ago, 44 acres: 3-1/2 almonds, 14 alfalfa, 16-1/2 corn;

    1964


    111764 Progress Report by Permittee for the Year 1964; none left to complete, used from date shown in permit, irrigate almonds [sic] trees & pasture

    1965


    112575 Progress Report by Permittee for the Year 1965; has been completed quit a few year a go ; 44 acres almonds & corn & [garbled]; still in uses [all sic]

    1966


    081566 F.M. Kuchta will inspect 08/22/1966, at Orland at about 11:00 AM
    091666 F Report of Inspection; accompanied by Mr. Retzloff; interviewed PG & E in Orland for power records; recommend 0.5 cfs license 02/15 - 11/15 from Stony Creek (Underflow); estimated minimum flow: "Always adequate (over 4 cfs)" ; minimum late in September; flow "in excess of capacity of pumps -- pools reach a static level then inflow stops"; limiting section: "Pump (1) About 2 cfs Pump (2) about 1.3 cfs" "Tested at time of inspection by use of pitot tube at end of discharge pipes. Meter timed by stopwatch. head checked with hand level." [p. 2] "Orchard is served by intermittent flooding in square basins. Alfalfa and corn (milo) served by controlled flooding in strip checks." not wasteful, "Normal methods used. Water transported by concrete lined ditches (from Pump 2) and by concrete pipeline from Pump 1" max season, "15 acres of almonds, 14 acres of alfalfa and 15 acres of milo. (alfalfa plowed up in 1966 and all planted to corn (as second crop). First crop was oats, which was preirrigated." use "From about February 15 to about November 15"; average rate of use by direct diversion during max period 0.50 cfs; period 06/18 - 06/20, 1965; Other Rights "Land is riparian to Stony Creek and has right of overlying landowner to pump from groundwater." [Under the Angle Decree they have ground water and underflow riparian right up to Ap 27382 anyway, but no right to make this application]; [p. 3] info obtained "From Mr. Retzloff at time of inspection -- preirrigation of oats etc. early in spring and almonds into November." "power records from PG & E, Output of pumps by pitot tube at end of discharge pipe. Head by use of hand level. Power input to motors by timing meter disc with a stopwatch." Pump (1) 30.3 kwh/af, 06/18 - 07/20 526 kwh used; (2) 30.4 kwh/af, 436 kwh used, 962 total / 30.4 = 31.7 af/63.5 = 0.5 cfs (1.98347 cfs to a-f/day, * 32 days = 63.47104); calculation of annual use by months 1965, based on meter reads: 04 13 af; 05 9 af; 06 17 af; 07 32 af; 08 20 af; 09 14 af; 10 8 af; 11 missed; total for year 113 a-f (no allowance for missing month?); [p. 4] Remarks. "The permit shows Stony Creek as the source but it appears that it should be shown as Stony Creek (Underflow) in the license, to truly describe the source from which water is pumped. There are two sumps located approximately as shown on the sketch below. They are about 100' long x 45' wide by 16' deep and penetrate into a gravel stratum in what is probably a former channel of Stony Creek. The water level in the sumps remains at near the same level (about 7' deep) during the summer whether there is flow in Stony Creek or not. At time of inspection there was a good flow in the creek but Mr. Retzloff stated that it makes little difference in his supply. The pumps will pull the sumps down about 2' during sustained pumping but they remain at that level until pumping ceases. [para] The land has been developed for many years. As shown in the sketch below, the westerly 15 acres is planted to almonds while the remainder is rotated with small grain crops and alfalfa. Alfalfa was plowed up this year and about 4 acres allowed to remain idle in order that it may be more efficiently leveled." [2 photos ea this p & p. 5, for 2 PODs] #1 7-1/2 hp motor - 1800 rpm 8" B.J. propeller pump 35' + or - 8" steel pipe to stand pipe on 12" underground line; #2 5 hp - 1800 rpm motor - 8" B.J. propeller pump -- 35' of 8" steel pipe to ditch; sumps are excavations about 100' long, 45' wide and 16' deep -- water about 7' deep in summer; sump in west 1/3 by pipe, in east 1/3 by ditch in a horseshoe path; sumps at west edge of pipe & west edge of horseshoe
    082366 Request for License, reduced to 0.5 cfs with rotation;
    042761 Application to Appropriate Unappropriated Water, third copy, permit 13490 on back
    122866 Check for License "underflow change in wording appears O.K."

    1967


    012767
    Approval for Signature, Water Right License; permitted 0.88 cfs 02/15 - 11/30; licensed 0.5 cfs 02/15 - 11/15 [does the permit go away?]; "season & amount limited by actual use.
    041067 License
  • 041167 SWRCB certification of license a true copy

    1969


    092469 Report of Licensee for 1967, 1968, 1969 ; used Feb-Nov, full licensed amount; 44 acres almonds & corn

    1972


    112972 Report of Licensee for 1970, 1971, 1972 ; did not use full - amount, water level was down [see http://www.mjbarkl.com/limits2.htm paragraph E., USA diversions those two years above Retzloff were 120,594 a-f 1970 and 125,519 1971, far in excess of allowed under the Decree]; 1970-71, Mar-Oct; 1972 Feb-Oct; Wheat Cron (corn) Almonds

    1975


    111775 Report of Licensee for 1973, 1974, 1975 ; used full , 1973 no blocks checked, 1974 Apr-Oct, 1975 whenever needed; acres irrigated 1973 44 acres, 1974 & 5 39 acres; almonds wheat corn; no waste

    1976


    UNDATED contact report W.C. Smith phoned Velma Retzloff, "prompted by Mr. Retzloff's change to ownership of this license which he indicated on the 1973-4-5 License Report, I telephoned the Retzloff Residence and found that Velma is Robert's second wife. The address of his former wife and current co-owner of License 8028 is: Bobbye Meyers, 841 Utah St., Gooding, Idaho 83330"
    020576 form letter Page/Div WRights to Retzloff, cc Bobbye, are changing ownership to Robert & Velma unless objection.

    1978


    120378 Report of Licensee for 1976, 1977, 1978 ; used full ; no reservoir spillage; 44 acres; after use discharged to "ponf" [?]; reuse by "cemet dicth & pipe line [all sic]"; [no drought comment?]

    1981


    120181 Report of Licensee for 1979, 1980, 1981 ; used full, no reservoir spillage, irrigated 40 acres; conservation: "pipe line"

    1984


    120784 Report of Licensee for 1982, 1983, 1984 ; used full, no reservoir spillage, irrigated 40 acres; pasture, 20 head; hos steers [sic]; conservation: "new pipe line 12"; waste: "pipe line and reserved [or some such] pool"

    1987


    120387 Report of Licensee for 1985, 1986, 1987 ; used full, every month Feb - Nov; 44 acres; almonds & pasture; conservation: "750 ft. pipe line underground"; waste: "pipe line"

    1993


    122893 Report of Licensee for 1991, 1992, 1993 ; did not use full, only - used full 02/15/93 - 11/30/93 ?; no reservoir spillage; pasture and trees 20 acres; conservation: the same as past years that I sent you; measures to encourage consumers to conserve: "Dragline clean out sump"; "In Regard to the Acres not used is not Enuph water in the stean since they Built the dam the water table has dropted 2 to 3 ft and getting worse. They hold at the Dam even this year when they had more water thier. Thier was more water in creek in Dec of this year in that month than in July when you need it Even with the Riparian Right still don't have the water I sould have For the got it Block off at dam." [all sic]

    1995


    061995 F Report of Licensee for 1992, 1993, 1994 ; The project has been abandoned, and I request revocation of the license: Yes [ ] [checked off, a tricky form for the uninitiated or infirm]
  • 011796 [attached, but a different year] note, Retzloff to "Dear Sir:, "In regard of this application Velma Retzloff is no longer here at this address. We have been Divorced. I Robert Retzloff have sent you your information last year. You sent me a notice and I filled it out and sent it to you. I guess this answer your question. If not send me a form." "They changed my address to 4710 County Rd FF...I still live at the same place"

    1996


    021396 letter Okada/Permit & License to Retzloff, received your report and changed your address [and removed Velma]
    062896 Contact Report Retzloff called Chandler/Div WRights , "to enquire - why he is not receiving any water from Black Butte Reservoir. He holds licensed Application 20104 to appropriate water from Stony Creek underflow in Glenn County and believes Orland Water Users Association is taking more than its share of water [about 10-40% more, see para G., http://www.mjbarkl.com/limits2.htm ] [para] I checked the file and noted that he requested revocation of License 8028 because the project has been abandoned. When I asked him about this, he said he has abandoned the original ponds and moved his pump to a closer location nearer to Stony Creek, so he thought requesting revocation of his license was the only appropriate action to take. I assured him it is not, and that I will write a memo to the file stating so. [para] I explained that I will send him a petition to change th point of diversion and informed him of the associated costs. In reviewing the file on the subject application, I note the Report of Inspection dated 08/22/1966 states Mr. Retzloff's land is riparian to Stony Creek and has right of overlying landowner to pump from groundwater. Should a field investigation be made before sending him a change petition? [para] I also sent him a copy of License 8028 on" 06/28/1996.
    080266 memo to WV from CAR "Thanks for letting us know that Mr. Retzloff - has apparently moved a POD. To the best of my knowledge, he hasn't filed a petition for change, although Cay apparently sent him the necessary forms. If he decides to file them, we will process them accordingly. Otherwise, we won't be involved. Good luck with his complaint." [is this how SWRCB handles the theft of water from the people of this state?]

    1997


    011497 letter Anton/Div WRights to Retzloff, rejecting complaint
  • 011497 staff analysis, Complaints by Robert Retzloff Regarding the Operation of Black Butte Reservoir by the Orland Unit Water Users Association and the U.S. Army Corps of Engineers, Stony Creek in Glenn and Tehama Counties Complaints 262.0(11-04-04 and 11-04-05) [INCLUDE] [is that the same Retzloff? Did he still own the parcels in the Decree? what about the abandonment on 03/09/1932 ]
    - 110896 map Stony Creek Watershed & vicinity

    [full text of SWRCB response inserted here:]
    [top, right, handwritten:] SURNAME [type of letterhead form?]

    [letterhead:]
    Cal/EPA
    State Water Resources Control Board

    Division of Water Rights

    Mailing Address:
    P.O. Box 2000
    Sacramento, CA
    95812-2000

    901 P Street
    Sacramento, CA 95814
    (916)657-1359x
    FAX (916 657-1485

    [seal] The Great Seal of the State of California
    Pete Wilson
    Governor

    In Reply Refer
    to:363:WV:262.0(ll-04-04)
    (11-04-05)

    [date stamp:] JANUARY 14, 1997

    Robert Retzloff
    4710 County Road FF
    Orland, CA 95963

    Dear Mr. Retzloff:

    COMPLAINTS AGAINST THE ORLAND UNIT WATER USERS ASSOCIATION
    AND THE U.S. ARMY CORPS OF ENGINEERS CONCERNING THE
    OPERATION OF BLACK BUTTE RESERVOIR; STONY CREEK IN GLENN AND
    TEHAMA COUNTIES

    The Division of Water Rights (Division) has completed an Analysis of the above-referenced complaints in which you allege that your appropriative and decreed rights are being injured during the months of May through October by the operation of Black Butte Reservoir. A copy of the staff analysis is enclosed.

    Based on the analysis, the Division will not take any further action on these complaints. The State Water Resources Control Board's (SWRCB) regulations provide that you can request a hearing before the SWRCB if you disagree with this decision (California Code of Regulations, Title 23, Section 821). The SWRCB will decide whether to hold a hearing based on information supplied by you and by the Division.

    If you have any questions concerning this matter, Bill Van Dyck, the engineer assigned to this project, can be reached at (916) 653-0438.

    Sincerely,

    [stamp] ORIGINAL SIGNED BY:

    Edward C. Anton, Chief
    Division of Water Rights

    Enclosure

    cc:
    Mr. Robert F. Stackhouse
    Regional Resource Manager
    U.S. Bureau of Reclamation
    Mid-Pacific Regional Office
    2800 Cottage Way, MP-440
    Sacramento, CA 95825-1898
    [continuation of preprinted letterhead form ]
    Recycled Paper
    SURNAME
    DWR 540 REv. 1/86

    Our mission is to preserve and enhance the quality of California's water resources, and ensure their proper allocation and efficient use for the benefit of present and future generations.

    handwritten:
    WV 1-9-97
    Dupuis 1-13-97
    Aoward [?] 1/13
    J. Johns 1/14/97

    [page break]

    Mr. Robert Retzloff [centered, page: ] -2- [blocked right, date stamp:] JANUARY 14 1997
    Mr. George G. Wilson
    Orland Unit Water Users' Association
    828 Eight Street
    Orland, CA 95963
    BVanDyck:rpf:1-7-97:final:\a:stycrk.ltr

    [preprinted letterhead continuation form ]
    Recycled Paper

    Our mission is to preserve and enhance the quality of California's water resources, and ensure their proper allocation and efficient use for the benefit of present and future generations.

    [top, right, handwritten:] SURNAME [type of letterhead extension form?]
    [blocked right, date stamp:] JANUARY 14 1997

    Complaints by Robert Retzloff Regarding
    the Operation of Black Butte Reservoir by
    the Orland Unit Water Users Association
    and the U.S. Army Corps of Engineers,
    Stony Creek in Glenn and Tehama Counties
    Complaints 262.0(11-04-04 and 11-04-05)

    Contents

    Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page
    1.0 - COMPLAINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
    2.0 - BASIS OF COMPLAINTS . . . . . . . . . . . . . . . . . . . . . . . . 2
    3.0 - ANSWER TO COMPLAINTS . . . . . . . . . . . . . . . . . . . . . . . .2
    4.0 - ANALYSIS OF COMPLAINTS . . . . . . . . . . . . . . . . . . . . . . .3
    4.1 - Water Rights Within Stony Creek Watershed . . . . . . . . . . . . . 3
    4.1.1 USBR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
    4.1.2 Retzloff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
    4.2 - Water Availability Under Priority of Right . . . . . . . . . . . . .5
    4.2.1 Appropriative Rights Issued by SWRCB . . . . . . . . . . . . . . . 5
    4.2.2 Decreed Rights . . . . . . . . . . . . . . . . . . . . . . . . . . 6
    4.3 - Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
    5.0 - RECOMMENDATION . . . . . . . . . . . . . . . . . . . . . . . . . . .8

    1


    SURNAME
    DWR 540 REv. 1/86

    handwritten:
    WV 1-9-97
    Dupuis 1-13-97
    Aoward [?] 1/13/97
    Anton 1/14/97

    [page]

    1.0 COMPLAINTS

    The Division of Water Rights received two similar complaints from Robert Retzloff (Retzloff) regarding the operation of Black Butte Reservoir on Stony Creek in Glenn and Tehama counties. The first complaint, received in July 1996, was against the Orland Water Users Irrigation District (Orland Unit Water Users Association) and the second, received in August 1996, was against the U.S. Army Corps of Engineers (Corps).

    The U.S. Bureau of Reclamation (USBR) responded to the first complaint in August 1996. For reasons cited in Section 3.0 below, the Division did not request additional responses from the Orland Unit Water Users Association or the Corps.

    2.0 BASIS OF COMPLAINTS

    Retzloff alleges that his appropriative rights under licensed Application 20104 and rights under the Angle Decree (United States of America v. H.C. Angle et al.) are being injured due to insufficient releases from Black Butte Reservoir during the period May through October, resulting in a reduction in water levels in the Stony Creek alluvium. With diminished streamfiow, Retzloff contends that shallow wells and sump systems that he has used for sixty plus years no longer provide an adequate water supply for his irrigation needs, and the lower water levels also result in higher pumping costs.

    3.0 ANSWER TO COMPLAINTS

    Though Black Butte Reservoir is operated by the Corps, the USBR holds the appropriative rights for storage under Permit 13776 (Application 18115) and directs reservoir operations for water conservation storage and releases for irrigation. Therefore, the USBR is the appropriate agency to answer the complaints.

    In its response to the first complaint, the USBR states that:

    a) It does not believe that the operations at Black Butte Reservoir are impairing Retzloff’s right to divert water from Stony Creek under licensed Application 20104 during his diversion season of February 15 to November 15;

    b) Licensed Application 20104 is subject to prior rights issued by the SWRCB or defined in the Angle Decree;

    2


    c) The full natural flow of Stony Creek has been previously appropriated during most of the period Retzloff wants to divert, thus no unappropriated water is available for the priority of licensed Application 20104;

    d) Retzloff is not entitled to water collected to storage at Black Butte Reservoir during the season of November 1 through April 30 and later released for use during the spring, summer and fall months; and

    e) The complaint of Retzloff should be dismissed.

    4.0 ANALYSIS OF COMPLAINTS

    The analysis of the validity of Retzloff’s complaints is based on his priorities of right to divert water from Stony Creek and on the availability of water under those priorities.

    4.1 Water Rights Within Stony Creek Watershed

    The Stony Creek watershed is an adjudicated stream system with both adjudicated water rights and subsequent appropriative rights issued by the State Water Resources Control Board (SWRCB). The adjudicated rights are for the most part pre-1914 appropriative rights and riparian rights which were quantified by order of the U.S. District Court through the Angle Decree in a decision issued on January 30, 1930. The decree quantified and confirmed the priorities of rights to the waters of the Stony Creek system among approximately 70 parties to the legal action. The remaining rights in the watershed are appropriative rights issued by the SWRCB subsequent to the adjudication and are junior in priority to the adjudicated rights.

    4.1.1 USBR

    The USBR holds entitlements confirmed by the Angle Decree for direct diversion and storage and also has appropriative rights issued by the SWRCB for storage. The points of diversion are shown on Figure 1 [crude map] and the rights are summarized as follows:

    Angle Decree

    (1) Various rights to divert a total of 85,050 acre feet (af) at a rate not exceeding 279 cubic feet per second (cfs) from the natural flow of Stony Creek, during each irrigation season, [ fn 1 April 15 to September 15 of each year ] at the North and South Diversion Dams of the Orland

    3


    Project.

    Date of Priority: October 10, 1906

    (2) The right to store the waters of Little Stony Creek and tributaries in the East Park Reservoir of the Orland Project by means of the East Park Storage Dam to the extent of the full 51,000 af capacity of said reservoir at all times water is available for such storage.

    Date of Priority: October 11, 1906

    Appropriative Rights Issued by SWRCB

    (1) The right to collect to storage under licensed Application 2212, 50,200 acre-feet per annum (afa) in Stony Gorge Reservoir from November 1 of each year to May 1 of the succeeding year.

    Date of Priority: February 17, 1921

    (2) The right to collect to storage under permitted Application 18115, 160,000 afa in Black Butte Reservoir from November 1 of each year to April 30 of the succeeding year.

    Date of Priority: April 30, 1958

    4.1.2 Retzloff

    Retzloff holds an entitlement under the Angle Decree for direct diversion, and also has an appropriative right issued by the SWRCB for direct diversion. These are separate rights with the point of diversion and place of use for the decreed right located just downstream of the appropriative right issued by the SWRCB. These rights are downstream of Black Butte Reservoir (Figure 1 [crude map]) and are summarized as follows:

    Angle Decree

    The right to directly divert 0.31 cfs during the irrigation season (April 15 to September 15) to irrigate 15 acres in the E 1/2 of Section 8, T22N, R3W, MDB & M.

    Date of Priority: April 15, 1918 [ fn 2 This right is listed in the Appropriation Schedule on page 134 of the Angle Decree. No filing was made with the SWRCB. ]

    Appropriative Right Issued by SWRCB

    The right to directly divert, under licensed Application 20104, 0.50 cfs (underflow) from February 15

    4


    to November 15 of each year for the irrigation of 44 acres in the W 1/2 of Section 8, T22N, R3W, MDB & M.

    Date of Priority: April 4, 1961

    4.2 Water Availability Under Priority of Right

    Appropriative rights (including decreed rights) carry a priority in relation to other appropriative rights. The water user who is "first in time" is "first in right". This means that an appropriator is entitled to the full quantity of water specified under a senior right before junior appropriators may exercise their rights.

    4.2.1 Appropriative Rights Issued by SWRCB

    Storage by the USBR at Black Butte Reservoir is authorized under a permit issued on an assignment of state filed Application 18115. Based on priority dates, this filing is senior to the rights of Retzloff under licensed Application 20104. Thus, during the period February 15 to April 30 and November 1 to November 15, when the diversion season under these respective rights overlap, the USBR has the first right to collect Stony Creek flow to storage in Black Butte Reservoir. [fn 3 A11 state filed applications are subject to the requirement of Water Code Section 10505 which provides that the county wherein water originates shall not be deprived of any such water necessary for the development of that county. A major portion of the watershed above Black Butte Reservoir is in Glenn County; however, a significant portion lies in Colusa County and a much lesser portion in Tehama County. Retzloff’s diversion and use of water is in Glenn County. Consequently, Retzloff would have a county of origin claim against diversion under Application 18115 only if storage releases from Black Butte Reservoir were exported out of the Tehama, Glenn and Colusa County area, which, although authorized under SWRCB Decision 1629 and Division Order dated April 1, 1996 on Permit 13776, has not to our knowledge occurred, or if deliveries to Tehama or Colusa counties were greater than the water collected to storage in Black Butte Reservoir that originated in those counties. Considering that there is upstream storage at East Park Reservoir and Stony Gorge Reservoir, the calculations to make these determinations would be very detailed and tedious. Furthermore, if such claim were valid it would only be applicable from February 15 to April 30 and November 1 to November 15, which is outside the period of Retzloff’s concerns. Therefore, based on available data, the probability that Retzloff would be entitled to receive water under a county of origin claim is deemed to be insignificant. ]

    5


    Division staff concurs with the USBR that Retzloff is not entitled, under licensed Application 20104, to the bypass of natural inflow from November through April or to the release of any water collected to storage in Black Butte Reservoir under the USBR’s senior right.

    The diversion season in Application 18115, as originally filed, was for year-round appropriation of water from Stony Creek. Following an evidentiary hearing on the application, the SWRCB adopted Decision 1100 finding that water was only available for appropriation during the months of November through April based on prior downstream rights in the Sacramento River [what rights?]. Therefore, if water is not available from May through October for the priority of Application 18115, it follows that water is also not available during this period for the junior priority of Application 20114 [sic], despite the fact that Application 20114 [sic] was permitted and subsequently licensed for the period.

    4.2.2 Decreed Rights

    The decreed direct diversion rights of Retzloff carry a priority of April 15, 1918. The decreed rights of the USBR, which entitle it to divert 279 cfs from the natural flow of Stony Creek at the North and South Diversion Dams, have a priority of October 10, 1906. Therefore, during the irrigation season of April 15 through September 15, the USBR has a right to its full entitlement before any natural flow is available to Retzloff.

    In addition to the USBR, the average diversion rate during the irrigation season of the remaining rights in the Riparian and Appropriation Schedules of the Angle Decree, which are senior to and upstream of the decreed right of Retzloff, total approximately 85 cfs. Thus, Retzloff’s right under the Angle Decree to divert the natural flow of Stony Creek is subject to prior rights of up to 364 cfs.

    Table 1 is an estimate of the unimpaired mean monthly flow of Stony Creek at Black Butte Dam for the irrigation months of April through September. [ fn 4 Derived from Table 3-2, Lower Stony Creek Fish, Wildlife and Water Use Management Plan, USBR, March 18, 1996 ]. Table 2 is an estimate of the frequency that the natural flow of Stony Creek could be expected to be available to

    6


    Retzloff under the priority of his decreed right during the irrigation season. Except for the months of April and May, Division staff concur with the USBR that the full natural flow of Stony Creek has been previously allocated during the irrigation season under the priority of rights in the Angle Decree.

    TABLE 1
    Estimated Mean Monthly Unimpaired Flow of Stony Creek at Black Butte Dam in CFS (1921-1983) 

      MONTH	APRIL	MAY	JUNE	JULY	AUG	SEPT
FLOW	857	471	151	16	0	0

    TABLE 2
    Percentage of Time Mean Monthly Unimpaired Flow of Stony Creek Exceeded 364 CFS (1921-1983) 
      MONTH	APRIL	MAY	JUNE	JULY	AUG	SEPT
%	75	54	6	0	0	0

    4.3 Conclusions

    Based on the above analysis, Division staff concludes that:

    a) Retzloff is not entitled, under the priority of licensed Application 20104, to any natural inflow collected to storage in Black Butte Reservoir pursuant to the USBR’s senior right under licensed Application 18115 during the months of November through April. Also, Retzloff is not entitled to any subsequent release into Stony Creek for delivery of water validly collected to storage in Black Butte Reservoir. In addition, subsequent to the issuance of the permit for Application 20104, Decision 1100 found that water is not available for the priority of Application 18115 during the months of May through October. This conclusion is consistent with the analysis in section 4.2.2 of this report. Consequently, water is likely available to Retzloff under the direct diversion rights provided in Application 20104 only from February 15 to April 30 and from November 1 to November 15 when Black Butte Reservoir is spilling or the USBR is making flood control or other non-delivery releases into Stony Creek.

    7


    b) Retzloff is entitled, under his 0.31 cfs right pursuant to the Angle Decree, to any natural inflow to Black Butte Reservoir during the period April 15 to September 15 which is in excess of that necessary to satisfy the USBR’s and other parties’ prior entitlements under the decree (previously determined in this report to be up to 364 cfs). As discussed in Section 4.2.2, the availability of water for Retzloff’s decreed right appears limited, in most years, to the early part of the irrigation season.

    The SWRCB does not have jurisdiction over the adjudicated rights under the Angle Decree. Therefore, any complaints Retzloff may have concerning the satisfaction of his entitlement under the Angle Decree should be addressed to the Office of Watermaster for Stony Creek and Tributaries.

    5.0 RECOMMENDATION

    Based on the above considerations, Division staff recommends that no further action be taken on these complaints.

    BVANDYCK:rfrazier:1/8/97:final:a:stycrk

    8


    110896 Figure 1, crude map of the region, placing A-20104, A-18115, A-2212

    [the correct response to all of this is "So what. They're still stealing water, see http://www.mjbarkl.com/limits2.htm " ]

    041397 Report of Licensee for 1994, 1995, 1996 ; below spillway 1994 5 ft, 1995 6-1/2 ft, 1996 5 ft; did not empty reservoir; end of season down 7 ft, 7-1/2 ft, 7 ft; 30 head of stock; conservation: Retain all irrigation run-off for livestock use; conjunctive use, claim credit for 1994 650?, 1995 700? 1996 650?; "Item 21 pit or sump water 1st stradia [strata?], raises or lowers according to volume released at Black Butte Dam in excess or demands [ sic] - by Glenn Colusa Irrigation District (or) and Tehama Colusa Canal. I do not now use the appropriated water as scheduled in Angle Decree" [why "?] simply because dam releases at times are almost nothing, a complete shut off occurs and ground water flows are diminished as pe [sic] my complaint!"

    2000


    030900 Report of Licensee for 1997, 1998, 1999 ; used full licensed amount; maximum storage down 5', 6' & 5'; not emptied; end of season down 8', 8-1/2' & 8'; "Water supply is a pit or sump replenished by creek flow (underground [no )] when provided by Black Butte Reservoir. "; acres irrigated 20; "all three years low water" "could not irrigate the rest, the other 20"; conservation: "retain all irrigation (if any [no ) ] runoff fo [?] livestock use" "Item 21, or sump water 1st strada [strata?], raises or lowers according to volume released at Black Butte Dam, in (or) and Tehama Colusa Canal. I do not now use the appropriated water as scheduled in Angle Decree simply because dam releases at times are almost nothing, a complete sthutoff occurs and ground water flows are deminishes as per my comipiaint!" [all sic]

    2003


    071703 Report of Licensee for 2000, 2001, 2002 ; not abandoned, not changed intake location; 44 acres; 30 cows, 1 person domestic; [gave up complaining, infirm? dying? Reclamation wins.]
    102203 confirmation of name/address form

    2006


    042006 Report of Licensee for 2003, 2004, 2005 ; now Frances Lepp, Trustee of Robert Retzloff Trust, 6200 Co. Rd. 8, Orland, CA 95963 44 acres, 28 cows;
  • 042006 letter Frances Lepp to Div WRights "My father has passed away and the property will remain in The Revocable Trust of Robert F. Retzloff..."
    051206 Parcel Quest Detail Report, APN 044-150-008-9 owner Frances M. Lepp, 3 b/r 1588 s-f home 1981, 2 acres
    051206 Parcel Quest Detail Report, APN 040-244-014 owner Rush John H, Lepp Frances M.; 1978 , 2 baths
    UNDATED parcel map 044-150-008-9 Bk 44 p. 15 2 acre piece just west of Rd FF intersection N side.
    051206 piece of topo S7 & S8, S5 & S6
    051206 satellite photo vicinity
    062906 letter Satkowski/Licensing Unit to Frances Lepp for The Revocable Trust of Robert F. Retzloff; received Report of Licensee dated 04/21/2006 informing SWRCB Mr. Retzloff is deceased, will change address & ownership in 30 days unless hear otherwise; annual fees please [that ought to take care of his complaints, but fees on water taken from him by USA & OUWUA?
    051206 ownership change form for wrims, "he died"
    063006 Request to BOE for action on Water Rights Account, name change

    2007


    032807 Report of Licensee for 2004, 2005, 2006 ; 44 acres, 28 cattle, 1 person domestic
    Return to Stony Creek Water Wars.

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