THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley (06/01/2010)
Comprehensive, Chronological INDEX of the case ; F=Filed, L=Lodged, S=Signed, R=Received
SWRCB APPLICATION A020251 - Century Ranch Case Case Index
[see also
http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l008136%20a020251.pdf
]
[schedule of allowed Angle Decree usage at
http://www.mjbarkl.com/limits2.htm shows that SWRCB did not have
jurisdiction to make or consider this application]
Cat 1 CORRESPONDENCE VOL. 1 OF 1 RECORD OF FOLDER [" F " - date filed if
date originated not evident]
[Inside of file front cover]
Applicant: Beverly Conner & International Century Club
Address: P.O. Box 130, Maxwell, CA 95955
Application 20251 ( 19401 (c) [not found] )
Applicant: Willis E. Wilson and La Vesta Wilson
Received 06/06/1961
Maps Filed (see 19401 [not found] )
Forms Sent 09/19/1961, 8, 8a, 8b Fee $10.00
Protests:
092761 OUWUA Ans 10/19/1961 dism/withdrawn 01/31/1962
Remarks
070561 Amended Application Received
100261 Affidavit of Posting Received
110661 Amended Application Received
041862 Permit 13491 issued
063066 Report of Insp. by F.M. Kuchta
010967 Received notice of partial assignment to Ralf [sic] W. Peter
051967 Mld to Colusa CR - License 8136
110668 Received notice of assignment to Rolf W. Peter & Margrit E. Peter
042282 Ownership chgd to Century Ranch Residents Assn., Inc.
012688 Not. of asgd. to Century Ranch Residents Assoc. Inc. & the
Estate of Willis & La. Vista Wilson
041488 Rpt. of Insp.
050988 asgd to Beverly Connor & Century Ranch Residents' Assoc. Inc.
012089 Order Correcting Point of Diversion, Place of Use and Purpose of
Use
110399 assd to Beverly Conner and International Century Club & CRRA
[Inside of file back cover]
Progress Data
Use: Stockwatering
Source: Unnamed stream trib Little Stony Creek via East Park Res.
Amount: 200 afa
POD: SW 1/4 SW 1/4 S23, NE 1/4 NE 1/4 & NW 1/4 NE 1/4 S27 T17N R6W
MDB & M
Right of access: yes
Conduit capacity: 50 cfs
Maps filed 1, see 19401
Not in N.F.
In Investigated Area: Yes, U.S. vs. Angle Decree
Reference Map: USGS vol II pg 38 Stonyford
Remarks: Cleared by Hearing Section 03/01/1962 K.L.W.
Spotted on Wall Map 06/15/1961 T.T. in form 07/18/1961 T.T.
Notices to Reclamation, 2 copies
[proof 06/07/2010]`
LOOSE PAPERS IN BACK OF FILE;
UNDATED map dam in SW 1/4 SW 1/4 S23, reservoir back into NW 1/4 NW 1/4
S26 & NE 1/4 Ne 1/4 S27, showing feeder ditch across N 1/2 NE 1/4 S27 from
2 smaller ponds in NW 1/4 NE 1/4 S27;
"Notes: Refer to current map dated" 05/05/1988 R.G.
092360 map SWRB Ap. 19355, 19401, 20251; 19355 is P.J. & V. Cesari; 20251
POW in W 1/4 SW 1/4 S23; trib of Indian Creek arm? Protestants, OUWUA,
Reclamation, GCID; 20251 POU in W 1/2 SW 1/4 S23, a triangle pinching out
west of reservoir #1 at S Section line
UNDATED Calculations of Capacity, total 55.5 AF, Permit amount 65 AF;
map showing in and across corner S23, S22, S26, & S27; Hi water area 13.7
acres surface max
UNDATED worksheet Reservoir #1 55.80 a-f
UNDATED worksheet Reservoir #2a 1.74 a-f & 2b 3.42 a-f
UNDATED map showing Res #2a Earthen fill (bulldozer) dam 6-1/2' high 1'
freeboard 0.68 acres surface max; #2b Earthen fill (bulldozer) dam 7-1/2'
high with 1-1/2' freeboard 1.37 acres surface max
????55 Assessor's Maps, County of Colusa, Calif. Index Book 10 showing
parcel in book 28 & 30? All of S22, W 1/2 & NE 1/4 of SW 1/4 S23, N 1/2
S27, W 1/2 & NE 1/4 NW 1/4 S16, & curved slice [E of Lodoga Stonyford Road)
into E 1/2 E 1/2 S21; outline of Century Ranch?
UNDATED map The Century Ranch Master Plan, showing all streets, parcels,
Book 30 page numbers, airstrip, golf course, clubhouse & pro shop, parks,
reserved commercial, farmettes, Gun & Trap Ranges, saddle club, headquarters,
Marina Cove & Point Marina, 10 lakes & ponds of which 20251 is
"Manzanita Lake"?
100499 returned mail, Century Ranch Residents' Association, 936
Commercial Street, Palo Alto, CA 94306, not at this address
093099 letter Okada/Div WRights to Conner; you asked that License
8136/Ap.l 20251 be assigned full ownership to you; "our understanding that
there was litigation regarding the ownership of the water right. If this
were the case, it would be appreciated if you could provide us with
documentation of the outcome...."
012567 map on 4 sections, 22, 23, 26 & 27, showing #1 lake across joined
corner and 20 acre POU for irrigation in NW 1/4 SW 1/4 & 15 in SW 1/4
SW 1/4 S23, with #2a & 2b
across line betw E 1/2 & W 1/2 of NE 1/4 S27, applicant Willis E. Wilson,
La Vista Wilson and Ralf [sic] W. Peter
041575 returned mail, Rolf W. & Margrit E. Peter, c/o Century Ranch, Inc.,
P.O. Box 715, Palo Alto, CA 94302 box closed - no order, within is Report
of Licensee form for 1972,3, & 4
uncompleted Report of Licensee for 1972, 1973, 1974`
042982 returned mail, Rolf Peter and Margrit Peter, c/o Century Ranch,
Inc., P.O. Box 715, Palo Alto, CA 94302, addressee unknown , "Bx 879?? No!!"
042282 letter Smith/Div WRights to Century Ranch Residents Association,
Inc., haven't been able to find the Peters, understand they're living in
Switzerland, & that litigation continues, will show the CRRA as owners
of the 3 reservoirs until litigation resolved unless somebody instructs
otherwise, enclosed is Report of 1979, 80, 81, please complete & return.
Brown SUPERSEDED envelope
060661 F Application to Appropriate Unappropriated Water; [work copy?]
Willis E. Wilson and LaVista Wilson, Stonyford, colusa, California, 2
unnamed streams, trib to Little Stony Creek via East Park Reservoir; 200
a-f/a reduced to 75 af/a ("see letter" 10/18/1961 W.Z.) between December 1
changed to 15 and March 15 each season, irrigation and stockwater, POD (1)
East 500' and north 600' (2a) West 1220' and south 180' (2b) West 1340' and
south 200' from NE corner S27 within (1) SW 1/4 SW 1/4 (2a) NE 1/4 of NE 1/4
(2b) NW 1/4 NE 1/4 (1) S23, (2) S27 T17N R6W MDB & M County of Colusa,
conduit ends SW 1/4 SW 1/4 S23 T17N R6W MDB & M; diversion by gravity,
dam (1) 15 (2a) 9 (2b) 9 feet hight, (1) 150 (2a) 50 (2b) 100 feet long
on top, of earth, 15, 9, & 9 feet long on top, 4,4,4 feet freeboard,
flood in S 23, 26, & 27; surface (1) 30, (2a) 1, (2b) 5 acres; capacity
175, 5, 20 a-f; [to p. 2] portable sprinkling system for irrigation, water
pumped from Reservoir No. 1, stock will drink direct from all 3 reservoirs,
canal 8' wide at water line, 4 at bottom, from (2a) to (1), 2 feet deep,
800 feet long, 15 feet per 1000 feet grade, earth, capacity ample to direct
50 cfs;
[to #11] completed 12/01/1962, use by 12/01/1963, irrigate 35 acres general
crops, season 04/01 - 10/01; [to p. 3] stockwatering 200 head; downstream
Reclamation & OUWUA
- 092360 map 5 across by 7 down sections including East Park, with 19355
(Cesari) & 19401 shown
PAPERS "BOUND" IN FILE (re-sorted in date order):
1961
060661 F Application to Appropriate Unappropriated Water; Superseded;
[another copy]
060661 tag attached "filing fee $11.00 overpayment of $1.00 A maps on
file in Apl 19401 which is to be cancelled. DWS"
052491 letter Hill/SWRB to Wilson; "In accordance with your recent
request we have prepared and are enclosing a copy of your above-numbered
application. [prepared a copy?]
UNDATED handwritten, "Enclosed application revised to Proper Dates.
enclosed check for $11.00. Yours truly, Willis E. Wilson"
060661 Receipt $10.00 "unclared [?] collections $1.00 to be returned
as it is overpayment."
060661 form letter Hill/SWRB to Wilson; received ap, gave number 20251
062661 memo Hill to Klusman? "Please release from 'Uncleared Collections'
and return $1.00 overpayment received from Willis E. Wilson, Stonyford,
California,..."
071461 memo SWRCB to Supervision of Dams/DWR; received ap 175 af/a,
15' high, 150' long, 4' freeboard, earth, 30 acres, "Construction complete?"
X for No;
072461 letter Hill/Executive Officer to Dugan/Reclamation; added your
name to mailing list for 14 aps
072761 letter Brown/Supervisor, Safety of Dams to Wilson; Dam of this
height & capacity will be subject to our supervision & require approval
of plans & specs; enclosed Rules & regs, forms, outline of procedure;
091961 form letter Hill/SWRB to Wilson; enclosed is notice of your
ap, please post 2 copies by 10/04/1961, file proof by 10/30/1961;
092761 8 return receipt cards
091961 Notice of Application to Appropriate Water;
mailing list on back, 11 parties
091961 form letter Hill/SWRB to Postmaster/Stonyford; please post
092561 Protest, Hollis/OUWUA; contents identical to Notes 1, 2 &
3 at 20614.htm ; settlement terms, slightly different: "...the diversion
season is limited to period between December 1 and March 15 after East
Park and Stony Gorge Reservoirs are full and spilling, and providing the
applicant's reservoirs are equipped with outlet works at stream level so
as to permit releases in the event of a short supply of water."
092961 form letter Hill/SWRB to Wilson; protest received, serve answer
to us & protestant by 11/14/1961
100261 letter Hill/Executive Officer to Larimer & Frost/OUWUA attys;
received your 09/26/1961 letter transmitting OUWUA protest [where is
letter?]
092861 Affidavit of Posting Notice; one inside Lodoga Store, other
at ranch on paved highway near Lodoga;
091961 Notice of Application to Appropriate Water; another copy
100961 letter Hill/SWRB to Wilson; affidavit received
101861 letter Wilson to SWRB; "reply to Orland water useres [sic] and
Glenn Colusa water useres [sic] Protest [where is GCID's?, in 19401? ];
I recently
surveyed my reservoirs and found they contained 65 acre feet of water.
Survey was made by S.C.D. of Stonyford soil, district. [para] I, Willis
E. and La Vista Wilson claim, we need this water storage for the use of live
stock, totaling 100 head; we will comply with Orland water useres [sic]
too all there [sic] request, if at any time their reservoirs do not fill,
I or we will release all water stored behind our dams. We will if necessary
put in a syphon or an out let pipe to release water. That State Water
Board revise my application # 20251 to read the right to stay [say?] 75 acre
feet instead of 175 acre feet" cc: GCID, OUWUA
110161 letter Hill/Executive Officer to Wilson; received letter,
your ap, fix para 7 for capacity of each reservoir, & put total in 2(b);
112061 letter Hill/Executive Officer to Wilson; received amended ap;
110861 letter Frost/atty to Hill/SWRB; re:
- Lawrence Moore, 19899, 19940, 19941, 19942, 20295, 20296,
- Elaine G. Kerns 20298,
- Willis Wilson 20251,
- Thomas Burket 20149 & 20150,
- Paul D. Rodgers 19838;
- Board's proposed Condition [same as block quote under "Note No. 4"
in 20614.htm ]; "This subject was discussed at a meeting of the Board of
Directors of the" OUWUA "last evening and it was the unanimous opinion
of the Board that such provisions as you suggest to be included as a
condition in the permit would adequately protect the rights of both
the applicant and the Association. [para] The Board is of the opinion,
further, that similar conditions should be included in the permits of
other applicants who are similarly situated. Our files indicated that
those would include the perons and application numbers above referred to.
Accordingly, the" OUWUA "is willing to withdraw its protests as to all
of such applications if the quoted conditions are imposed in the permit.
Mr. Moore, Mrs. Kerns, and Mr. Wilson have called upon me at our office
and from my conversations with them it would seem that the foregoing
would be satisfactory conditions in so far as they are concerned.
Copies of letters addressed to you from Mr. Burket and Mr. Rodgers would
indicate that such conditions would likewise be satisfactory with them.
[para] We would also suggest that the same procedures be followed as to
future applicants whose points of diversion are located up-stream from
Stony Gorge and East Park Reservoirs."
1962
013162 letter Hill/Executive Officer to Frost/OUWUA atty; acknowledging
your letter of 11/06/1961 withdrawing protests against the 11 aps; mailing
list, the 5 applicants
060661 F Notice of Application to Appropriate Water; third copy, work
copy?
030762 Check for Permit; protests withdrawn 01/31/1962
030762 Permit Terms;
031562 Approval for Signature, Water Right Permit
041862 Memorandum SWRB to Supervision of Dams; similar to
071461 memo but much smaller capacity
041862 form letter Hill/SWRB to Wilson; permit issued send $5.00 ASAP;
042362 receipt $5.00
042562 letter Hill/Executive Officer to Frost/Atty OUWUA; FYI issued
permit to Wilson
042562 form letter Hill/SWRB to Wilson; permit issued, on back of ap
enclosed, etc.
042662 return receipt card
1963
092763 Progress Report by Permittee for the Year 1963; 35 acres pasture,
80 head of stock; spilled this year, down 6 feet end of season;
1964
111664 Progress Report by Permittee for the Year 1964; 35 acres pasture;
spent $500, widening & sloping dam; did not fill in 1964, used in April &
May; at max 8 feet down; 35 acres irrigating, 100 head
1965
112965 Progress Report by Permittee for the Year 1965; used May to
October; spilled this year, 7 feet down end of season; 35 acres pasture,
80 head;
1966
063066 Report of Inspection; F.M. Kuchta with Mr. Wilson the permittee;
complete, license recommended 61.1 a-f/a, 49 a-f max drawdown from Res. #1;
collect 12/15 - 03/15; for irrigation & stockwatering; gravity collection
in on-stream reservoirs; construction complete; #1 56 a-f, #2a 1.7 af,
#2b 3.4 af; capacity determined: "Transit-stadia spiderweb survey to
determine area. Sounded from a kayak. Plotted to scale and planimetered.
Height of dam etc. by use of a hand level." [to p. 2] "Water is pumped from
Reservoir No. 1 for irrigation of about 35 acres of pasture by use of a
portable gasoline-engine driven high pressure pump and distributed by use
of a portable Rainbird Sprinkler system. [para] Livestock drink direct from
the three reservoirs." use not wasteful, "Normal for the area. If water were
not collected during the winter months, it would waste into the ocean."
units served at max, "About 80 head of cattle and 35 acres of pasture
(alfalfa)" Year of max use 1965, max diverted to storage in any one
season "About 61 AF; max withdrawal in one season "49 AF" held over
"8 AF (in reservoir No. 1)" for stockwatering; Other Rights "Riparian
right to divert from flowing streams and springs on property.[maybe, maybe
not]" [to p. 3]
Calculations page, #1 dry at end of 1964, filled completely during the
collection season 1964-5, down about 8' during 1965; 2a & 2b dry every
fall, fill completely each year; "No calculations of annual
use -- insufficient definite information available."
capacity curve Res. No. 1
map/drawing Res #1, water down 3' at time of inspection, total capacity
55.5 af, permit 65 af; 2a & 2b "Earthen fill (bulldozer) dam"; 2a down
2.8' 06/30/1966, total capacity 1.7 af; 2b down 4.3' 06/30/1966 total
capacity 3.4 af;
Remarks "These reservoirs are located on a quite livel [sic] plateau
above the town of Lodoga and the valley in which the East Park reservoir
is situated. The plateau may be considered as the source and headwaters of
the two 'unnamed streams' which flow only during and immediately following
heavy rains. [para] Mr. Wilson installs or places a portable pumping plant
near the spillway in the spring and applies a limited amount of water to
the 35 acres of pasture by use of a sprinkler system. He stated that he
applied water only in the early portion of the season--April and
May--until the reservoir was drawn down 'about half way' at which point he
would cease pumping from the reservoir as the remainder of the water was
necessary for stockwatering. [para] During the winter of 1963-64 the large
reservoir only captured about 1' of water from a beginning of 2 or 3
feet of depth. It went completely dry by fall and then during the
winter of '64-65 filled completely. As noted, it was drawn down about
7' or about 49 acre-feet during the 1965 use season. [para] The two
small reservoirs which are used only for stockwatering, fill each winter
and likwise [sic] go dry each year before the end of the summer....Note:
There is no diversion to offstream storage. If requested to release water
for downstream rights, permittee will (has agreed) to provide siphons
and/or pumps for that purpose."`
Photos: Across Reservoir #1 from dam
Photos: Across 35 acres of pasture
Photos: Reservoir #2a [w/dead snags?]
Photos: Reservoir #2b [w/dead snags?]
[Google maps shows 7 or 8 Century Ranch reservoirs but ewrims maps shows
only 3 or 4 Aps within the Century Ranch area]
100566 Progress Report by Permittee for the Year 1966; Wilson changed
to 4235 Concord Ave., Santa Rosa, CA; no construction remaining; used about
30 a-f, rest for stock water; spilled this year, 5 ft down end of season;
35 acres irrigated pasture, sprinkled; 75 head livestock; 15 HP ?;
"Could store more water by rasing [sic] dam 3 ft." "My new address...My
son runs ranch."
122766 F Request for License; Willis E. Wilson and La Vista Wilson (Santa
Rosa) and Rolf W. Peter, 190 South Wood Drive, Palo Alto, California;
1967
010467 letter Hill/Executive Officer to Wilson; thanks for notice of
sale of land on which #2a & 2b are located, please complete "Notice of
Assignment":
010967 F Notice of Assignment, to Rolf W. Peter, portion with 2a & 2b
011267 letter Hill/Executive Officer to Peter; our records have been
amended to show ownership by Wilson & Peter; annual reports required
060661 Application to Appropriate Unappropriated Water; permit copy;
Permit No. 13491 "75 acre-feet per annum to be collected from about
December 15 of each year to about March 15 of the succeeding year, all as
more explicitly set forth in paragraphs 2(b) and 7 of this approved
application,."; construction completed by 12/01/1964, use by 12/01/1965;
clear site of Reservoir #1, not the other 2, which may be why there are
still snags in the other 2;
red IMPORTANT attachment, permit reminders
020367 Check for License ; "No Safety of Dams Application, Borderline
case" "Dam Safety has been notified see memo" 04/18/1962 in folder
032267 Approval for Signature, Water Right License: permitted 75 a-f/a,
licensed 61.1 a-f/a; max withdrawal 49 af from Res. 1, 1.7 a-f Res 2a &
3.4 a-f Res 2b; amount limited by actual use
051967 License for Diversion and Use of Water; 56.0 + 1.7 + 3.4 a-f/a;
stockwatering, plus irrigate 15 acres within SW 1/4 SW 1/4 & 20 acres
within NW 1/4 SW 1/4 S23 T17N R6W MDB & M;
1968
102368 Report of Licensee for 1966, 1967, 1968; 1966 used some water,
max rate of diversion not known; purpose catle & sprinklering about 30 A,
May, June; 1967 nothing; 1968 "I do not know what Peter did after I turned
over to him"; not used in one or more years, reason "not known"; "I sold
ranch [garbled] R.W. Peter & turn all wrights [sic] over to Peter as of"
08/01/1966. "I used water for stock & sprinklering up to July first. What
he did after that I do not know. See Peter for any future information.
/s/ Willis E. Wilson
UNDATED Notice of Assignment, not filled out, not signed
110168 letter Sabison/Supervising Engineer to Wilson; received your
report noting transfer to Peter, please complete enclosed form
110268 Notice of Assignment; filled out to Rolf W. Peter & Wife, 190
Southwood drive, Palo Alto, Calif.
111568 letter Sabiston/Supervising Engineer to Peter; received notice
authorizing change to you of License 8136, need full name of Mrs. Peter,
then will change our records
111868 letter Peter/Century Ranch, Inc. to Div WRights; full, correct
names: "Rolf W. Peter, and Margrit E. Peter, his wife."
112068 memo Patricia Peterson/Ringel & Associates, Inc., Engineers,
Chico to SWRCB; received copy of license, is there a map showing reservoir
locations & may we get a copy?
112768 letter Sabiston/Supervising Engineer to Ringel & Assoc.; enclosed
map;
112268 letter Peter/Century Ranch to no addressee; new address 1010
Corporation Way, mailing P.O. Box 715, Palo Alto, CA 94302
1969
062569 Report of Licensee for 1966, 1967, 1968; all 3 years irrigation
35 acres; Feb & Mar each year, 1967 & 8, 25 a-f each month totalling 50
a-f; used 1967 & 8 est. 450 gpm [a plug? works out to 60 a-f over 2 months;
1971
120171 Report of Licensee for 1969, 1970, 1971; each year used June - Aug;
emptied in 1970, not other 2; below spillway at end of season 30" 1969 &
36" 1971; irrigated 35 acres 1969 & 70, 30 acres 71, alfalfa; cattle 40
head each year; fishing 1970 & 71; Reservoir #1 was drained to remove
stumps & clean it up;
1975
042575 contact report D.H. Kirk/Div WRights & Assessors Office &
Mrs. Vernon Conner; "Peter subdivided this ranch then seems to have had
some problems and now is reportedly living in Switzerland. Subdivision
map does not show section lines so Assessors' office could not identify
reservoirs. They will send us copies of maps. Wilson has taken back all
of ranch that had not been sold as subdivision lots. Mr. Wilson's daughter,
Mrs. Conner, said that her father owns all of the land around reservoir 1
and she does not think any of the sold lots are adjacent to the smaller
reservoirs 2a & 2b. This area was to have been a golf course and the
fairways were along the edge of the lakes." Action "Wait for maps.
Resend Forms. Change records when confirmed."
042575 memo Yvette B. Stark, Deputy Colusa County Assessor to John
Page/Div WRights; forwarding index maps to 2 plat books which show
Century Ranch subdivision "and its relation to the Sections it covers."
050175 contact report Kirk/Div WRights & L.T. Zilisch, President/
Century Ranch Residents Assoc.; "Mr. Zilisch disputes Wilsons claim
to the lakes. He says the lakes belong to the property owners assoc. [para]
There is a class action lawsuit under way at present. [para] This should
be checked up on in the fall to see if the suit has been settled."
- On 11/05/1975 "I called Mr. Zilisch to see if the litigation had been
completed. He said that it hadn't and he didn't believe it would be
completed for a couple of years. He said we could call him anytime at the
above number [415-494-7400 Ext. 5408] or at the office of the Century Ranch
Residents Assoc 2530 Sandgroth Way, Mt. View Telephone (415) 941-4114."
- "I called Mr. Zilisch on" 10/21/1976 "and he said the case wouldn't
be scheduled for trial for about 1-1/2 years. I told him we would withhold
action until the case is heard in Dec.
- 080979 "Called Zilisch. He said that the class action suit was over
but water rights to tributaries of little stony creek [sic, no caps] have
not yet been settled. He ask that the report of Licensee be sent to him
and that he would see that the form is completed and returned. He also
said that Century Ranch Inc. is a defunct corp....form sent" 08/09/1979
1982
041982 contact report W.C. Smith/Div WRights phoned L.T.
Zilisch/President Century Ranch Residents, Assoc. Inc.; "I telephoned Mr.
Zilisch to obtain information re status of ownership of the above license.
The 1979-80-81 Licensee Report was returned by the Post office after being
undeliverable @ P.O. Box 715, Palo Alto. [para] Zilisch said that their
organization is still trying to sue Century Ranch, Inc. and obtain title
to the property. The Peters were the original developers, and President
& Secretary of the Corporation, which has been bankrupt for years. The
Peters are reportedly in Switzerland and CRR Assoc has been unable to serve
them. Apparently the Assoc is hopeful of a court decision in their favor
but do not know when it will be forthcoming. [para] Zilisch said he does
not remember receiving the Licensee Report sent to him in 1979 by H.W.
O'Leary but said he would fill out the 1979-80-81 Report (or have someone
else) as best they could. [para] I suggested that we might as well go
ahead and propose assignment of this License to the Resident's Assoc. since
the Peters are gone and their Corporation is non existent. Zilisch agreed
that this would be best and at least give us someone to keep the license
active. Century Ranch Residents Association, Inc., 936 Commercial
St., Palo Alto, CA 94306" Action "30 day letter".
042282 letter Smith/Permit & License Unit to Century Ranch Residents
Association, Inc.; "...no one to receive correspondence and complete reports
to keep our records current...best alternative would be to temporarily vest
ownership of the license with your association. When the matter of
ownership is finally settled by the courts, we can then make any appropriate
ownership changes." "unless we hear to the contrary within 30 days."
enclosed are forms for 1979-80-81, please complete & return as best you can
1986
072186 letter Johnson, Secretary/Century Ranch Water Company, Inc. to
Div WRights; received Report of Licensee form 1982-3-4 from CRRA;
"water company has never received any information, correspondence, nor
a license from" Div WRights previously, "Please advise."
UNDATED Report of Licensee for 1982-3-4; addressed to CRRA, label over
that saying Century Ranch Water Company, Inc., P.O. Box 208, Stonyford,
California, 95979, form not completed
111086 letter Maughan/Student Assistant to Wilson, J.R. Vierra Exec,
736 Parkhill Street, Colusa, CA 95932; "You are shown on the Colusa County
Assessor's records as one of the owners of the properties that are covered
under License 8136. This license covers three reservoirs of which you
own the property covering Reservoir #2a and #2b and also part of
Reservoir 1 (Manzanita Lake). Reservoir 1 is owned by you and the "
CRRA, also contacting them; contact us & let us know what use is being
made of the water in all 3 reservoirs
111086 letter Maughan to CRRA; ditto
111886 letter Betty Di Vita, President/CRRA to Maughan/Div WRights; "At
this time the only water in this area is from the rainfall. We are not
using any water from this area. The original intention of this lake was
never completed by the developer." [eh?]
1987
062687 memo Maughan to files; "no Report of Licensee has been received
since 1971...researched at the State Assessors [county?] office to
determine the correct owner...largest reservoir (AKA Manzanita Lake) is
cut in half by a property line with" CRRA and Wilson "being the two
property owners." other two are Wilson, letters went out, CRRA answered,
Wilson did not, CRRA "replied by mail stating that they had no use for
their part of the reservoir"; no phone number for Wilson; "original use
of the license was for irrigation which appears not to be the case now as
this area has been subdivided. I recommend a field investigation..."
1988
011288 contact report Betty Di Vita/CRRA called W.C. Smith/Div WRights;
"...to discuss the 1985-6-7 Licensee Report sent to" CRRA "for the above
licensee. [para] She confirmed that Res 2a and 2b are located on Wilson
Property (original licensees who filed application and received much of
proposed subdivision property back after tax sale (bankruptcy). both
Willis and La Vista Wilson are deceased and the property is owned by their
estate. Ms. Di Vita is aware of Res 2a and 2b and said they are maintained
regularly and stocked with fish. [para] Manzanita Lake is located on both
Wilson and Century Ranch property. If [It?] apparently is shallow and has
water only in wet years. No irrigation use is made, nor apparently
stockwatering. The only use may be by wildlife. [para] Ms. Di vita is
to complete the Licensee Report as best she can, adding the Wilson Estate
as co-owners and supplying the best address she has." Decision: "partial
assignment back to Wilson (Estate) upon receipt of Licensee Report,
probably no need for field investigation."
011288 Report of Licensee for 1985, 1986, 1987; did not spill any year;
max 1985 & 86 "low water", 1987 very dry; use all 3 years "wildlife";
"Pond 2 A and 2 B are part of wilson estate property"
011388 letter Di Vita/CRRA to Smith/Div Wrights; "Thank you for your
help yesterday on the telephone. I have made the necessary corrections
to the form as you requested. I have also enclosed larger detail maps
of the area around Manzanita Lake...."
012688 letter Crooks/Water Resources Control Engineer to Di Vita/CRRA
& Vierra/Estate of Wilson; thanks for report, changing records to show
both CRRA & Wilson Estate; "Please let us know who the new owners of the
Wilson Estate property are, when probate is completed."
012688 letter Crooks/Water Resources Control Engineer to Di Vita/CRRA
& Vierra/Estate of Wilson; another copy, Wilson Estate address changed
to "c/o Beverly Connor, 454 West Oak, Maxwell, CA 95955"; Vierra 458-2163,
Connor 438-2358 ?
072186 letter Johnson/CR Water Company, Inc. to Div Wrights; another
copy, typed thereon, "Attention: "...please respond. [para] As
of this date," 03/16/1988, "your department hasnot [sic] acknowledged
the attached correspondence. [para] Business correspondence related to
the Century Ranch Water Company is to be addressed to: Century
Ranch Water Co. Inc., P.O. Box 208, Stonyford, Calif. 95979"
UNDATED Report of Licensee for 1982,1983,1984; another blank copy
041488 Report of Inspection; inspector J.T. Armstrong accompanied by
Beverly Connor & Jim Vierra (son-in-law) & interviewed by phone Betty
Di Vita, of CRRA; "There is some dispute over the ownership of the large
lake covered by this license. Mrs. Connor, who is the daughter of the
Wilson's, claims that she owns all 3 since the developer who purchased the
property forfeited on the loan and the reservoirs were taken back. Mrs.
Di Vita stated that the Resident's Assoc has some rights to the large
lake. I told both parties that we could not take part in ownership
dispute, Mrs. Connor stated that she would have her attorney write us
a letter about he ownership [where is that letter?].
There is no longer any irrigation use made
from the large reservoir. According to Mrs. Connor & Mr. Vierra, it is
used to water some horses just like the 2 smaller ones, as well as for
recreational & wildlife enhancement. Recommend that we issue order showing
uses as stockwatering, Recreational & (see remarks)"; capacity
"Transit & stadia survey and sounded from kayak by
licensing engineer. Did not check surveys as had been no change." [to p. 2]
"There is no longer any irrigation from large lake. The only use is
stockwatering, recreational & wildlife enhancement from all lakes and place
of use needs correction to agree with laterst USGS Quad, Reservoir No. 1
area within" SW 1/4 SW 1/4 S23, NW 1/4 NW 1/4 S26 & NE 1/4 NE 1/4 S17;
Reservoirs 2a & 2b within NW 1/4 of NE 1/4 S27, all T17N R6W; no
petition required, "can do it from my recommendation." use not wasteful,
"common to area"; recreational: boating; "The picture of 2nd stockpond
(small) did not develop [to p. 3] Remarks: recommend change in purpose
"Stockwatering, recreational & wildlife enhancement", correct ties as
detailed, "I contacted the County Assessors Office in Colusa at 1-458-2444,
and was informed that the areas in and around the lakes are shown in the
name W.E. Wilson, which was Mrs. Connor's father. [para] Will write letter
to both parties informing them that I am recommending we amend the license
as shown above. [including ownership? not?]"
050588 map, on USGS Quad, S22,23,26 & 27 showing placement of ponds
& streams
Photos, 4 - panorama of Manzanita Lake; 1 of stockpond [snags gone?];
050988 letter Armstrong/Permit & License Unit to Beverly Connor & CRRA;
changing name to Beverly Connor & CRRA unless advised within 30 days;
recommending changing Manzanita Lake to "stockwatering, recreational and
wildlife enhancement, since there has been no irrigation use made from
Manzanita Lake in at least 10 years."
1989
012089 Petition for Correction; irrigation use discontinued, add
recreational & wildlife enhancement, correct PODS to 3 dams, correct
POU to reservoirs;
012089 Order Correcting Points of Diversion, Place of Use, Purpose of
Use, and Amending the License; adds as above plus public trust doctrine
clause "4. The license provision pertaining to the Board's continuing
authority be amended to read:
- Pursuant to California Water Code Sections 100 and 275, and the
common law public trust doctrine, all rights and privileges under this
license, including method of diverison, method of use, and quantity of
water diverted, are subject to the continuing authority of the State
Water Resources Control Board in accordance with law and in the interest
of the public welfare to protect public trust uses and to prevent waste,
unreasonable use, unreasonable method of use, or unreasonable method of
diversion of said water.
- The continuing authority of the Board may be exercised by imposing
specific requirements over and above those contained in this license
with a view to eliminating waste of water and to meeting the reasonable
water requirements of licensee without unreasonable draft on the source.
Licensee may be required to implement a water conservation plan, features
of which may include but not necessarily be limited to:
(1) reusing or reclaiming the water allocated;
(2) using water reclaimed by another entity instead of all or part of the
water allocated;
(3) restricting diversions so as to eliminate agricultural tailwater
or to reduce return flow;
(4) suppressing evaporation losses from water surfaces;
(5) controlling phreatophytic growth; and
(6) installing, maintaining, and operating efficient water measuring
devices to assure compliance with the quantity limitations of this
license and to determine accurately water use as against reasonable
water requirements for the authorized project.
No action will be taken pursuant to this paragraph unless the Board
determines, after notice to affected parties and opportunity for hearing,
that such specific requirements are physically and financially feasible and
are appropriate to the particular situation.
- The continuing authority of the Board also may be exercised by
imposing further limitations on the diversion and use of water by the
licensee in order to protect public trust uses. No action will be taken
pursuant to this paragraph unless the Board determines, after notice to
affected parties and opportunity for hearing, that such action is
consistent with California Constitution Article X, Section 2; is
consistent with the public interest and is necessary to preserve or restore
the uses protected by the public trust. (0000012)"
012089 letter Cornelius/Petition Unit to Connor & CRRA; enclosed is a
copy of the order correcting, & we've added the public trust clause per
23 ccr 780(a)
012089 Order Correcting Points of Diversion, Place of Use, Purpose of
Use, and Amending the License; another copy
020689 certificate of authenticity;
1990
122190 Report of Licensee for 1988,1989,1990; used Dec-Mar all 3 years;
did not spill any year, emptied each year by drought, use for wildlife &
fish
1993
122493 Report of Licensee for 1991,1992,1993; zeros on everything,
"No water has been used in the past 3 years, No crops have been grown, and
no water was diverted for livestock."
1995
053195 Report of Licensee for 1992,1993,1994; not spill 1992, spilled
1993 & 1994; 4 ft below spillway at max 1992, not 1993 & 1994; not
emptied the reservoir any year; year end down 10 ft 1992, 7 feet 1993 &
5 feet 1994 ; watered stock, 10 head each year, other "wildlife
enhancement"
UNDATED Information Sheet, owner Beverly J. Conner; remove CRRA
1996
061496 Report of Licensee for 1993,1994,1995; spilled each year, not
emptied, only use "wildlife"
1999
091399 Notice of Assignment; "I have assigned all my right, title, and
interest...to: Beverly Conner", signed Beverly Conner [how does that
work?]
011288 contact report Betty Di Vita/CRRA called W.C. Smith/Div WRights;
another copy
093099 letter Okada/Div WRights to Conner; "Before we can transfer
full ownership of License 8136 to you, we need documents that show the
Association assigning its portion of the water right to you, that the
Association has relinquished its rights, or other documents showing
that you have acquired all the lands surrounding the three reservoirs. It
is our understanding that there was litigation regarding the ownership of
the water right. If this were the case, it would be appreciated if you
could provide us with documentation of the outcome."
????96 ? Assessor maps 30-40, 30-44, 30-45; & extracts for APN
30-400-024-0-3 owner International Century Club & CRRA 10 acres;
30-440-045-0-0 owners Wilson, Vierra Exec, 3.9 acres; 30-450-005-0-0
same, 12 acres;
110399 letter Okada/Div WRights to Conner; changing parcel 24 to
Conner, CRRA & International Century Club unless hear otherwise within
30 days; [Conner? Connor? which?]
022199 Report of Licensee for 1996,1997,1998; did not spill any year,
not emptied, no irrigation, yes recreation, wildlife enhancement;
111599 letter Jean Bailey, Office Manager/CRRA, following up phone
call of 11/05/1999 objecting to letter of 11/03/1999, "I am asking you
to make a division of the water rights. The water rights on Parcel No.
030-400-024-0-3 belongs to Century Ranch Residents' Association, Inc. and is
not to be given to Beverly Conner. Per our conversaion I am sending this
letter to you to make this division for CRRA, Inc. If there is a request to
develop this lake, Century Ranch would like to be kept informed."
something torn off the back?
2002
061002 Report of Licensee for 1999,2000,2001; not spilled or emptied any
year, no irrigation; wildlife enhancement
2005
031605 Report of Licensee for 2002,2003,2004; not spilled or emptied any
year, no irrigation; wildlife enhancement
Return to Stony Creek Water Wars
--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com