THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley (04/15/2010)

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

SWRCB APPLICATION A020337 - Kenneth Niesen/Fritz Mast Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l007913%20a020337.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: Fritz Mast
Address: P.O. Box 55, Elk Creek, CA 95939

Application 20337
Applicant: Kenneth Niesen
Received 07/31/1961
Maps Filed 07/31/1961 A; 10/13/1961 8, 8a, 8b
Fee $10.00

Protests:

Remarks
  • 103061 Affidavit of Posting Received
  • 010362 Report on Field Investigation by A.N. Webb;
  • 041862 Permit 13501 issued
  • 042966 Rept. of Insp. by F.M. Kuchta
  • 040767 mailed to Glenn CR License 7913
  • 122995 assigned to Fritz Mast;

    Record of Fees:

    Record of Folders

    [Inside of file back cover]

    Progress Data Application 20337
    Use Stock Watering
    Source Unnamed Creek trib Stony Creek thence Sacramento River
    Amount 2.4 ac-ft/ann
    POD SE 1/4 SW 1/4 S6 T20N R6W MDB & M
    Right of access yes
    Capacity conduit None
    Maps filed 2
    not in N.F.
    Form 7 sent no
    In Investigated Area: U.S. vs. Engle [sic]
    Ref map II p. 22 Elk Creek
    Remarks, cleared by hearing section 01/31/1962 KLW
    spotted on Wall Map 08/08/1961 T.T. In form 08/30/1961 T.T.
    Notices to: Reclamation w/ 2 copies

    LOOSE PAPERS IN BACK OF FILE;

    101361 Notice of Application to Appropriate Water; Kenneth Niesen, Elk Creek, Calif.
    UNDATED Notice of Application to Appropriate Water; Kenneth Niesen, Elk Creek, Calif. (3 copies)
    071361 F hand-drawn map of S6 showing placement of POD
    082566 SWRCB drawing, on S6; pond immediately adjacent to Sanhedrin Road at NE corner SE 1/4 SW 1/4
    UNDATED Envelope Superseded
  • 073161 F hand-drawn map (another copy)

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

    1961


    073161 Application to Appropriate Unappropriated Water; Superseded, #20337, Kenneth Niesen, Elk Creek, Glenn County, Calif.; 2.4 a-f Dec 1 - Mar 15, for livestock; POD commencing SW corner S6 thence east along Section line 2560 thence North 1150 to center of dam; within SW 1/4 SE 1/4 [backwards, s/b SE 1/4 SW 1/4 ?] T20N R6W NDB & M; 14.8' in height 149' long on top 6' freeboard, earth, "Killebrew Pond", surface 1/2 acre; red: 07/10/1961 rec $10.00 check; completed 1945; own the land; 40 head of livestock; nearest post office Elk Creek; downstream OUWUA & GCID
  • 073161 tag attached to front; Fee in uncleared collections; OK to file , fee in full, 2A maps
    071061 receipt $10,00 check
    071461 letter Hill/Executive Officer to Niesen; cannot accept ap, not signed, returned for sig; please check paras 1 & 2b to see if Div changes are correct; $10 in uncleared collections, will be returned to you unless "an acceptable application is received within 30 days."
    080161 form letter Hill/Executive Officer to Niesen; Ap received 07/31/1961, given #20337, will be examined
    080161 memo Hill/Executive Officer; release $10.00 from "Uncleared Collections" for Niesen & apply to Ap #20337
    082561 letter Hill/Executive Officer to Dugan/Reclamation; enclosed 22 Aps including 20337
    101361 form letter Hill/SWRB to Hiesen; enclosed 3 copies of your ap, 2 to be posted by 10/30/1961, affidavit filed by 11/22/1961
    101661 return receipt cards
    101361 Notice of Application to Appropriate Water (another copy)
    101361 form letter Hill/SWRB to Postmaster, Elk Creek; please post
    102661 Affidavit of Posting Notice; Niesen, 1) "On gate leading into Rowcroft place and dam about 5 mi west of Elk Creek on Sanhedrin Road, left hand side going out, public road", 2) "Nailed on a tree on west side of spillway at dam"
    110161 form letter Hill/SWRB to Niesen; received affidavit
    122261 form letter Hill/SWRB to Niesen, A.N. Webb will inspect 01/03/1962, meet you at 10:00 a.m. at Elk Creek Post Office

    1962


    011662 Report on Field Investigation of Unprotested Application; A.N. Webb on 01/03/1962; interviewed Alex Johnson, manager of H.W. Jamieson Ranch; POD SE 1/4 SW 1/4 S6 T20N R6W MDB & M; method of diversion: storage; earth dam; stockwatering 40 head cattle; "It appears that there is sufficient water available for this small storage project. There apparently are no other users that will be injured by the project and winter runoff will be conserved." [to p. 2] watershed: "about 30 acres of rolling hillside with a sparse covering of brush and trees"; no record of flow; supply natural? "yes - rainfall runoff"; minimum flow zero, probably August & September; use commenced about 1945 per ap; "Use is beneficial, duty is apparently reasonable and project will conserve winter runoff." [to p. 3] adversely affected downstream users? No; investigated to confluence of Stony & Grindstone, no apparent conflict with any; what season may water be taken without conflict with water rights? "during winter and spring runoff" [to p. 4] "Mr. Niesen did not make an appearance at the scheduled inspection and no one was home at his house. The project was inspected by the writer and found to be about as described in the application. The reservoir was full. There was no inflow and just a trickle flowing over the spillway. There was a little seepage downstream from the dam. [para] The amount involved is so small and the watershed area above the reservoir is so small that it is not apparent how the project could adversely affect any other valid water rights. [para] Mr. Alex Johnson, manager of the H.W. Jamieson Ranch, was interviewed. The ranch has a 400 acre-foot reservoir on the same stream system as Applicatin 20337. The reservoir is covered under Permit 8532 (Application 14115) and Permit 12374 (application 18965) and is located about 1,500 feet upstream from the confluence of the unnamed stream and Stony Creek. Mr. Johnson stated that the reservoir fills every year, usually within a week after the rain starts, and that there is a large overflow every year, usually within a week after the rain starts, and that there is a large overflow every year. He was aware of Application 20337, but has no protest. He indicated that there could be several more upstream reservoirs without causing any shortage of water. [para] There was just a trickle entering Stony Creek from the unnamed stream. There was an estimated 2 cfs flowing in Stony Creek at the birdge north of Elk Creek and about 1 cfs in Stony Creek just above the confluence with Grindstone Creek. The flow of Grindstone Creek was estimated to be about 5 cfs. [in January? that's really bad] /x/ Arthur N. Webb, Assistant Hydraulic Engineer
  • 010362 2 photos, 1-2) Appl's Reservoir & Dam; 1-3) Appl's Div Works [spillway starts well back into south side of the reservoir away from the dam?]
  • UNDATED Ap pinpointed on photocopy of area topo

    073161 Application to Appropriate Unappropriated Water; work copy; much editing, changed to SE 1/4 of SW 1/4
    021462 Check for Permit; "Pre-permit inspection of" 07/31/1961 by A.N. Webb [uh, July?]; adjudicated area "No"
    021462 Permit Terms
    032262 Approval for Signature, Water Right Permit
    041862 form letter Hill/SWRB to Niesen; permit issued, send $5.00 preferably within 10 days
    052462 form letter Hill/SWRB to Niesen; $5,00 in 30 days or will revoke permit
    052862 return receipt card
    052962 receipt, $5.00
    060162 form letter Hill/SWRB to Niesen; permit issued, on back side of ap; develop promptly & make annual progress reports; when full use, will inspect & thence no increase in use the right
    061162 return receipt card

    1964


    022564 Progress Report by Permittee for the Year 1963; completed construction & full use; end of season draw down 10 ft.; water 40 head;

    1965


    112465 Progress Report by Permittee for the Year 1965; use of water commenced? "No"; Amount: "Cow drinks there now and then"; end of season draw down "5 ft."; stockwatering "35 to 40 head"; fishing;

    1966


    041566 F.M. Kuchta to inspect 04/29/1966 , will be at Elk Creek about 10:00 a.m.
    042966 Report of Inspection; accompanied by "Rev. Howard Simmonds - permtitee's appointed representative"; POU "At reservoir within NE 1/4 of SW 1/4 , SW 1/4 of SE 1/4 and SE 1/4 of SW 1/4 of S6 T20N R6W MDB & M; Note: Two 1/16th Sections added - omitted in application and permit - no change" [?]; minimum flow "After heavy rains cease & until they begin in fall"; capacity of limiting section? "About 3.8 acre-feet"; capacity by "Transit-stadia spiderweb survey to determine area. Plotted to scale and planimetered. Depths of water by sounding from a kayak. Height of dam etc. by use of a hand level." [to p. 2] "Reservoir extends into two more '40's' than described in application and permit, but it is not a change, only the usual omission"; use "Normal for the area - if water were not collected during the winter months, it would waste into the ocean." "About 40 head of cattle at maximum"; dead storage "During driest years less than 0.25 acre feet"; other rights "None apparent except riparian right to use from this stream when it is flowing." [to p. 3] "Rev. Simmonds was asked to inform permittee that the reservoir holds more than the amount covered under permit and that he could file a new application for the additional amount if desired." "Evaporation and seepage vary from year to year but both exceed amount used by stock" [to p. 4] "...Progress Reports have mentioned 'fishing' as a use. Rev. Simmonds was asked to tell Mr. Niesen that he could at any time before or after license was issued: file a petition to add recreational use. Rev. Simmonds did not think that he was seriously concerned about adding the use in the license." [para] The season is limited by the permit to collection between" 12/01 & 03/15 "and the small reservoir could easily fill at any time between those dates in nearly any winter; however, it undoubtedly normally fills with the first heavy rain of the season, which could be in October. This is based on the knowledge that a 400 acre-foot reservoir a short distance downstream has filled in 48 hours after the first real heavy rain. [ para] Mr. Niesen normally keeps about 40 head of cattle in this pasture from about" 11/01 - 06/01. "The dates may vary from year to year depending upon the amount of forage available. When the cattle are removed from this pasture in the spring, they are taken to a mountain pasture for the summer and fall."
  • photo of the reservoir
  • diagram of the reservoir, depth lines, capacity calculations, 3.8 a-f

    042966 Request for license; proof as of 04/29/1966, date of inspection, prepared by Kuchta? signed by Niesen
    073161 Application to Appropriate Unappropriated Water; permit copy
    052566 Check for License
    122066 Approval for Signature, Water Right License

    1967


    040767 License for Diversion and Use of Water;
  • 041067 certification of true copy

    1969


    032369 Report of Licensee for 1966, 1967, 1968; max use "not known"; 30 head; used every month;

    1972


    070872 Report of Licensee for 1969, 1970, 1971; spilled each year; 10' down end of season; 35 head; fishing;
  • slip attached Report 1969-71 not received

    1974


    122374 Report of Licensee for 1972, 1973, 1974; spilled each year; down 4-1/2 - 5' before filling; 10 - 30 head year-round, Black White faces - Beef; fishing; reclaim? "no steps are, have been, or will be in near future taken"

    1978


    041078 Report of Licensee for 1975, 1976, 1977; use every month except Jan-May 1975 & 1976; spilled 1975, not in 1976 & 1977; 10' down end of each season; 15 head cows & calves; fishing; erosion: "care is taken not to over graze the area"; after use "water is recycled through livestrock"; reuse "no reclaiming is possible under range conditions"; records on use "Records could only be related to No. of livestock."

    1981


    120181 Report of Licensee for 1979, 1980, 1981; spilled every year; 7 - 8' down end of each year; 1979 10, 1980 12, 1981 15 head beef cattle; fishing

    1985


    012385 Report of Licensee for 1982, 1983, 1984; use June-Sept each year; 6' down end of each year; 20 head cattle; fishing

    1994


    012594 Report of Licensee for 1991, 1992, 1993; use Feb-Apr; did not spill any year, "Small Stock Pond, Depends on rainfall - dries up each spring"; "nearly empty by May" [leaking?]; stock 1991 6, 1992 5, 1993 4-5 range cattle; "used solely for watering stock. Dependent on amount of rain - not fed by stream" [?] Junia Niesen, Executrix, Estate of Kenneth Niesen

    1995


    032295 Report of Licensee for 1992, 1993, 1994; use Jan - Mar; 3 a-f 1992 & 1993 ; 4 a-f 1994; no spill 1992, yes 1993 & 1994; nearly empty by May each year; 20 head 1992 & 1994, 18-20 head 1993
  • slip attached, "was able to get better information from parties who leased the ranches so this is more accurate than the reports filed in Jan. 1994"
    122995 letter Armstrong/Sanitary Engineering Associate to Junia Niesen; changing Lic #7913 [ap. 20337] to Fritz Mast & License 7919 [Ap 20329 SW 1/4 SW 1/4 S36 T21N R7W] to Teresa Niesen;

    1997


    083197 Report of Licensee for 1994, 1995, 1996; Mast: "I purchased said property in" 12/13/1994 "(unknown) No lifestock on property No water was used"; spilled unknown 1994, yes other 2 years; end of season 3-5 feet down; no water used, "Nobody lived their" [sic]

    2000


    040100 Report of Licensee for 1997, 1998, 1999; used every month, spilled 1997 & 1998, not 1999; 2' down at max 1999; end of season, 5' down 1997, 4' 1998, 6' 1999; 21 head each year?

    2003


    100303 Report of Licensee for 2000, 2001, 2002; "life stock use only from Dec to May"; spilled each year; cows & calfs [sic] unknown number;

    2004


    010804 bill, water rights fee 100.00

    2006


    042506 Report of Licensee for 2003, 2004, 2005; "life stock use Dec - May", but used every month; spilled each year; emptied? "sometimes they dry out." "cows & calfs" "Wildlife enhancement"; Mast Family Ltd Partnership

    2009


    051009 Report of Licensee for 2006, 2007, 2008; "life stock use Dec - May"; used every month; spilled 2006 & 2007, no 2008; down 3' at max 2008, emptied by end of season; "cows & calfes" "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