THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley (04/21/2010)

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

SWRCB APPLICATION A020513 - Aileen Hamilton/Whitney Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l009868%20a020513.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: Leon Whitney and Jeanne Whitney
Address: Star Route, Box 61, Orland, CA 95963

Application 20513 (pencil 19297, 19298)
Applicant: Aileeen Hamilton and Leon Whitney
Received 12/01/1961
Maps Filed 12/01/1961 - A;
Forms Sent 01/25/1962 8, 8A, 8B;
Fee $10.00

Protests:
030562 USBR Ans 03/26/1962 dism/withdrawn 04/05/1962
030562 OUWUA Ans 03/26/1962 dism/withdrawn 04/05/1962

Stipulation

Remarks
  • 032662 Affidavit of Posting Received
  • 052562 Permit 13548 issued
  • 060266 Rept. of Insp. by F.M. Kuchta
  • 071266 Ext. pet.
  • 062266 Received Notice of Assignment of Int. of Aileen Hamilton to Leon Whitney
  • 022067 Order granting ext to 12/01/1968 to complete the const. & use
  • 050869 Ext. pet.
  • 062067 Order granting ext to 12/01/1970 to comp. const. & use
  • 042469 Rept. of Insp.
  • 052771 Insp, Rpt.
  • 062571 Added name of Jeanne Whitney
  • 031772 License 9868 issued & mailed to Glenn CR

    Record of Fees:

    Record of Folders

    [Inside of file back cover]

    Progress Data Application 20513
    Use Irrigation, Stock Water
    Source Unn. Str to Watson Creek to Grindstone Cr. to Ston....[under label]
    Amount 107 AFA
    POD NE 1/4 NW 1/4 S8 T21N R6W MDB & M
    Right of access yes
    Capacity conduit 400 gpm
    Maps filed 2
    in N.F. "line"
    In Investigated Area: No
    Ref map II p. 22 Elk Creek
    Cleared by Hearing Section 04/09/1962 KLW
    spotted on Wall Map 12/07/1961 MB In form 12/08/1961 MJB
    Notices to: Reclamation w/ 2 copies

    LOOSE PAPERS IN BACK OF FILE;

    120161 F on Form 17-A empty quarter quarter section line grid, drawn in reservoir, Ap 20513 POU by pipeline 25 acres in E 1/2 portion of NE 1/4 of NW 1/4 S8
    UNDATED Envelope Superseded (empty)

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

    1961


    120161 Application to Appropriate Unappropriated Water; Superseded; Aileen Hamilton and Leon Whitney, Star Rt. Orland, Glenn, California; no name creek to Grindstone Creek; 107 a-f 12/01 - 03/15. irrigation and stockwater; POD "Starting at Sec. corner 5/6/7/8 Proceeding east along Sec line 2,112' ft [sic] thence South 1320 ft to NE corner of dam"; within NE 1/4 NW 1/4 S8, conduit terminating in same quarter; 19.3' high, 320' long, 3' freeboard, earth; flooding in same quarter; surface 13.35 acres capacity 107 a-f; pipe 4" diameter 1040 feet long 20' per 1,000 ft grade, steel pipe; estimated capacity 400 gpm, estimated cost $4,000 - $5,000; before 03/1963 finish 06/1963 applied 05/1964, POU same quarter; alfalfa & pasture; irrigation & livestock water, "Need 4 acre ft per acre per season of lands irrigated. Also 300 to 500 head of sheep and at times 1000 head of hogs." nearest post office Elk Creek; downstream claimants, OUWUA, GCID
  • 102661 slip attached to face, 10.00 ck "Place $10.00 in uncleared collections pending receipt of additional information. DWS; 12/01/1961 "Ok to file, fee in full, 2A maps;
    102661 receipt, $10.00 uncleared collections pending additional info
    110161 letter Hill/Executive Officer to Hamilton & Whitney; can't accept ap, please complete paras 5,8,9,10,18,19,20 & 21, # of acres in para 11 in each 40 acres, para 17 basis for estimating amount of water required and number & kinds of stock; enclosed form to allow Aileen Hamilton to act as agent for this ap; 30 days to answer or your check returned
    120461 form letter Hill/SWRB to Hamilton & Whitney, ap accepted 12/01/1961 & given #;
    120461 memo Klusman & Hill from Hill/Executive Officer; please release $10.00 & apply to ap 20513 filing fee;

    1962


    012562 form letter Hill/SWRB to Hamilton & Whitney; post by 02/09/1962, affidavit by 03/04/1962;
    012662 stack of return receipt cards
    012562 Notice of Application to Appropriate Water; mailing list of 11 parties on back
    012562 form letter Hill/SWRB to Postmaster/Elk Creek; please post
    012462 letter Sullivan/Reclamation to Hill/SWRB; please add him to mailing list for 10 aps, including 20513
    020162 Affidavit of Posting Notice; Chrome schoolhouse voting place - Elk Creek - Newville Road; On Hull Road on former Robert Powell ranch; [out of order in file]
  • 012562 Notice of Application to Appropriate Water [another copy]
    020262 letter Hill/Executive Officer to Dugan/Reclamation; name added to mailing lists
    030262 Sullivan/Reclamation to Hill/SWRB; enclosed is protest, & mailed to applicant
    030262 Protest ; Reclamation; narrative identical to 19297.htm except end of period in: The diversion period is usually from March 15 through October 15 of each year." is lengthened to "December 1" and settlement terms changed to "...when it is assured that adequate outlet works will be installed as near as practicable to the bottom of the natural stream channel, or that other means satisfactory to the Bureau will be provided for releasing water entering the reservoir."
    032062 form letter Hill/SWRB to Hamilton & Whitney; where is the affidavit?
    032062 form letter Hill/SWRB to Hamilton & Whitney; Protest received, answer to them & us by 03/28/1962
    032062 form letter Hill/SWRB to Sullivan/Reclamation; protest received;
    030162 Protest; OUWUA
  • Exhibit A attached is identical to Exhibit A with 20614.htm; same paragraphs are crossed off on both
    032262 letter Hill/Executive Officer to Frost/OUWUA atty; received OUWUA protests on 20431 [not in eWrims?]; 20494 Gillaspy; 20495 Gillaspy Trust; 20503 Pierce; 20504 Pierce; 20512 Groteguth; 20513 Whitney; 20537 Kerns;
    032362 letter Hamilton & Whitney to Reclamation; answer protest, "We do plan to install adequate outlet works to the satisfaction of the State Water Rights board. [para] We are also planning to file an application for a State dam as soon as we can acquire the right papers."
    032362 letter Hamilton & Whitney to Larimer and Frost; ditto
    032362 letter Hamilton & Whitney to SWRB; enclosed affidavit of posting & copy of answers to protestants; "I think that is all that will be necessary. If not you may grant me an extension of time so as to talk the matter over with them."
    UNDATED memo Frank to Dave; "This is the letter I spoke to you about over the phone. If what the applicant says suffices so far as the Board is concerned. It is OK with us in withdrawing our protest. [para] At any rate we will be looking forward to receiving a letter from the Board."
  • 031062 letter Hamilton & Whitney to Reclamation; "I am sending for my forms from the Dam Safety Office and will take care of that as soon as they arrive. [para] We do intend to install outlet works in the dam also. [para] I did not realize these were to be done before I could get a permit to store the water"; written thereon: "The Bureau will withdraw its protest when informed by the Board that the applicant is abiding by the condition of outlet works. FHM"
    032362 letter Hamilton & Whitney to Reclamation; another copy
    032962 form letter Hill/Executive Officer to Hamilton & Whitney; received affidavit
    040562 letter Hill/Executive Officer to Hamilton & Whitney; your letter agreeing to protest dismissal terms, protest(s) is [are] hereby dismissed.
    120161 Application to Appropriate Unappropriated Water; work copy; red: not in N.F., lots of stuff crossed off and re-written identically in red
    041962 Check for Permit; "A-18115 is below A-20513, however, it is doubtful if it will be affected."
    051662 Permit Terms; (outlet pipe, 03/15 - 12/01, access, DWR dam approval, clear trees, etc. )
    050862 Approval for Signature, Water Right Permit
    052562 form letter Hill/SWRB to Hamilton & Witney; permit issued, send $5.00 ASAP
    053062 letter Hamilton & Witney to "Dear Sirs"; enclosed is a check; red thereon Rec'd 5.00 06/04/1962
    060462 receipt $5.00
    060762 letter Hill/Executive Officer to Larimer & Frost/OUWUA attys; we issued permit
    060762 letter Hill/Executive Officer to Dugan/Reclamation; ditto
    060762 form letter Hill/SWRB to Hamilton & Witney; permit on reverse of enclosed ap, certain duties....
    060962 return receipt cards

    1963


    032663 letter Hill/Executive Officer to Hamilton; re 19297, 8 & this one; enclosed are blanks for additional 3 a-f, submit in duplicate with fee of $10.00; file an ap with Supervision of Dams, their "address shown below"
    041163 memo form W.A. Brown/Supervisor, Safety of Dams to Jopson/SWRB; 04/08/1963 Whitney & Hamilton filed ap for dam 22' high, 111 a-f, cost $8,700;

    1964


    121464 Progress Report by Permittee for the Year 1964; zero complete, stock 200 - 600, "there will be approximately $500.00 of work done on Keyway before the 1st of Jan. 1965"

    1966


    020866 Progress Report by Permittee for the Year 1965; plan to complete 03/15/1966; spent past 12 months $9,000, on "Earth filling & installing outlet pipe" "Construction is 90% complete - remaining work - put valve on outlet pipe."
    052666 form F.M. Kuchta will be at Newville at about 10:00 a.m. on 06/02/1966 to inspect
    060266 Report of Inspection; F.M. Kuchta with Mr. Whitney; recommend extension, "The project was found to be incomplete, although under the circumstances it is considered as having been pursued diligently, i.e., permittee is doing all of the construction work along with his other duties of operationg a ranch. [para] Permittee is submitting a request for a three year extension and it is recommended that an extension be granted to" 12/01/1968. At time of inspection "Estimated 5 gpm trickling into reservoir"; "Dam is complete but pumping plant and ditches and/or pipelines yet to be installed." "Approved plans for Dam #374 includes a map of the reservoir and an area-capacity curve - information was checked in the filed and found to be correct as nearly as could be determined." [to p. 2] changes in POU? "acreage to be served may be shifted somewhat from original application but not definite as yet"; "Development of the 25 acre-place of use has not begun as yet. Dam has just been completed. small amount of water stored this past season"; "Water will be pumped from the reservoir and applied to the land by controlled flooding in strip checks"; "Livestock will drink direct from the reservoir"; not wasteful, "Cosnervative - if water were not collected during the winter months, it would waste into the ocean"; season "Not yet established - reservoir could fill only to the outlet valve as valve had not yet been installed on the pipe." max diverted "About 40 AF" "1965-66"; Other Rights "Land is riparian to this stream." [uh,] [to p. 3] done: "Construction of a dam which will store about 110 acre-feet of water. All construction work done by permittee at a cost of about $11,000"; use "will increase - hopes to use water in 1967"; water available? "Yes - Permittee stated could have easily fill [sic] reservoir"; "Obtained map of reservoir and area-capacity curve from Supervision of Dams, Dam #374"; "Remarks...Permittee is not only developing the project himself, he is doing the actual construction work without help, other than machinery. He has the dam completed and it has been approved by the Dam Section of DWR. Some facing work was required on the dam before it could be approved and that was finished during the fall of 1965. The heavy rains came before he could get work completed on seepage drains and the outlet valve, hence, water was only stored up to the outlet pipe (Elev. 26 - about 40 AF). Mr. Whitney stated that [to p. 4] the reservoir would have filled easily, had the outlet pipe structure been complete. He had hoped to begin using water during this present season. [para] A portion of the land which is already being cultivated (dry-farmed) will be easy to level and he hopes to have it in production and being irrigated during 1967. The remainder of the land (nearest the reservoir) is rougher but he hopes to have the entire acreage in production by 1968. [para] It cannot be stressed too strongly that this project is being pursued very diligently under the circumstances."
  • photo, "Dam #374 - just completed" arrow to outlet
  • Capacity Chart
    070866 empty envelope Whitney to SWRB; red: "Received $5.00" 07/11/1966
    062266 F Application for Extension of Time; 3-years, spent to date $11,000 +; "Dam & Res 100%, Land still to be levelled" ; "Project has been progressing as rapidly as could be expected - Dam constructed entirely by permittee - while other work of operating the ranch proceeded."
    071266 receipt $5.00
    062266 F Notice of Assignment, Aileen Hamilton to Leon Whitney;
    070666 letter Hill/Executive Officer to Whitney; your name entered as sole owner, need $5 for extension
    111366 Progress Report by Permittee for the Year 1966; spent $12,000 past 12 months, on "Moving fill dirt and installing outlet pipe." irrigation "25 acres to be irrigated", 100 head sheep, "Use of water will not commence until spring of 1967"

    1967


    022067 Order Approving a New Development Schedule; construction & use 12/01/1968
    122066 Approval for Signature, Extension Order
    111367 Progress Report by Permittee for the Year 1967; all construction completed a year ago; 5-feet down end of season; stock 100;

    1969


    011169 Progress Report by Permittee for the Year 1968; 50 head of cattle, "I plan to irrigate out of this reservoir in the spring and summer of 1969."
    04??69 Notice that C.H. Dabney will be at your project at an unspecified date in 1969 to inspect
    042469 Report of Inspection [date is date of inspection] [out of date order in file]; "It seems the chief reason that the project has not been completed is because the permittee had to wait for PGE power to get to the area. Although there is not yet any pumping system at the reservoir, he appeared to be very intent on commencing irrigation and completing the project. He said he definitely was going to aquire [sic] a pump, pipe ect. [sic] and start irrigating the 25 acres soon. The purpose in construction of such a large reservoir was to have enough water to irrigate, he said"; "onstream storage and will be by pumping from reservoir"; "a distribution system for irrigation needs to be installed"; capacity 80 AF, "Several soundings were made in the deepest parts of the reservoir, and found to be 17'. With this depth the capacity is shown to be about 80 AF on the Safety of Dams AC curve. [penned:] A closer check on the capacity should be made on the next visit to be determine if it is 80 AF or 110 AF or what." [to p. 2] "There are stockwatering and recreational uses at the reservoir at present time, but there should be irrigation by pumping from the reservoir in about two years. When licensed, recreational use may be added, because there is definitely this use. People were fishing there at time of inspection." not wasteful, "Winter runoff will be beneficially used when irrigation commences"; 50 head max; max diversion 80 AF 1868; held over "plenty for recreation and stockwatering" [to p. 3] "It is evident that the permittee plans to complete the use of water. Mr. Whitney was interviewed in the evening when he got off work, and he stated that the project would definitely be completed by the time another visit was made by someone from the office,...had to wait until PGE brought power into the area...recommended to" 12/01/1970; "reservoir was spilling at time of inspection."
  • 112771 Hamilton Dam #374 Capacity Curve
  • UNDATED poor legibility topo copy with POD/POU inked in
  • 2 photos for panorama of reservoir looking northeast towards Rocky Ridge & 2 fishermen
    042369 [Application for Extension of Time]; spent to date $13,000, spent within last extension period $2,000, 80% complete; estimate complete 1970; "A project of this size required time & labor & finances for me to complete. It took some time to get PGE power to the project."
    050869 Record of Fees, $5.00 Permit Extension Fee
    052369 Order Approving a New Development Schedule; application to proposed use by 12/01/1970
    120161 Staff Recommendation for Extension Order; "Reservoir has been constructed. Use has not been made for irrigation because PG & E electrical power has not been available to operate a pump. An extension is requested within which to install a pump and irrigate the 25 acres covered by the permit"
    062069 letter Spencer/Supervisor to Whitney; petition for extension approved

    1970


    121970 Progress Report by Permittee for the Year 1970; irrigation 15 acres, permanent pasture for cattle; use not as great ; used May - Sept; end of season 15' down;

    1971


    051871 notice Mr. Whitver will be there at 05/27/1971 9:00 a.m. to inspect
    052771 Report of Inspection; H.E. Whitver, interviewed Mrs. Whitney; project found complete, recommend 107 a-f/annum, max withdrawal 82 a-f; POU 21 acres in NE 1/4 NW 1/4 S8 T21N R6W MDB & M, irrigation, stockwatering, recreational; 16A left with Mrs. Whitney for her husband; no inflow; limiting capacity 111 a-f; determined "from Area-Capacity curve; checked spillway level and top of dam from bench mark elevation (notch in tree near right abutment of dam) using hand level." [to p. 2] POU "determined to be 21 acres rather than 25 as specified in the permit" "stockwatering and recreational use at the reservoir. Water for irrigation is pumped from the reservoir using a Berkeley 3" suction 2" discharge centrifugal pump directly connected to a Century 7.5 hp motor located near the spillway. Irrigation is be sprinkler, mostly Rainbird 29B heads 5/32" nozzles and portable 4" sprinkler"; "sprinkling is an efficient method of irrigation." 70 stock, 21 acres permanent pasture; fishing, boating etc at reservoir; max diversion 107 a-f; max withdrawal 82 a-f 1970; held over 25 a-f for recreational, fish life, and stockwatering [to p. 3] "sprinkler pipe in pasture, pump was in place for the beginning of irrigation this year, suction line not yet installed but observed"; "Remarks...Water was used for irrigation in 1969 and 1970 for irrigation of 21 acres of permanent pasture. The pump is stored during the winter and set up each spring for the irrigation. [para] Mr. Whitney stated the reservoir spills each year and normal withdrawal has been about 10 to 11 feet. Sufficient water is held over for stock and for fishlife. There is apparently some algae problem at present, and some of the fish are dying. They plan to consult with S.C.S. soon to attempt to remedy this. Family and friends fish in the reservoir often."
  • sketch; abutting south side of Hull Road (Co. Road 306) are from uphill reservoir, drive into ranch, and pasture POU; drive curves in around reservoir and across dam to shop building with home & fenced yard in pasture area; outlet pipe runs thru dam. Halfway up east side of entry road is spillway which runs through the pasture to S/E; on north side of spillway is "Berkeley 3" x 2" Centrifugal Pump and 7.5 H.P. Century Motor", thru a culvert to POU pasture, to "4" Portable sprinkler pipe and Rainbird 29B heads 5/32" nozzles" [no filter?]
  • 5 color photos, 1) reservoir & POU looking East towards Rocky Ridge, House on right, pump indicated on left; 2) Sprinkler Pipe - portion of place of use, [looking north along acces road?]; 3) Pump at Whitney Reservoir [conduit on A-frame support, drop to pump at water's edge, outflow not obvious; 4) & 5) panorama looking west, pump indicated on right, Hull road on right, house & shop on left; [ everything is dry, what were they irrigating?]
    062271 16A Request for License; uses cut to 21 acres;

    120161 Application to Appropriate Unappropriated Water; permit copy;
  • 062069 Order Approving a New Development Schedule
  • 022067 Order Approving a New Development Schedule
  • 062266 Assignment of interest page
  • 052562 Permit No. 13548
  • UNDATED red printed Important sheet

    112971 Check for License; clauses #10 & 11 dropped, no longer needed [#10, no collection 03/15 - 12/01; #11 separate application to Dam Safety]; Hamilton Dam #374, capacity 111 a-f; surface 14 acres, height 26 feet, spillway 4 feet

    1972


    031472 Staff Recommendation for Water Rights License;
    031772 License for Diverison and Use of Water #9868; forgot the irrigation use [duh!];
  • 031772 certification of license

    1973


    122973 Report of Licensee for 1971, 1972, 1973; 80 a-f/annum, used May - Sept; spilled each year, 10' down end of year, irrigated 21 acres, watered 100 cows

    1976


    111776 Report of Licensee for 1974, 1975, 1976; 1974 used May - Nov; spilled 1974, not 1975 or 6; at max 1976 7 feet down, 15' down end of season; irrigated 10 acres, 100 head of cattle; after use, "Minimum amount of run-off, settles in ground"; reclaim: "May level land being irrigated so it wll drain back into reservoir."

    1980


    021580 Report of Licensee for 1977, 1978, 1979; used May - Nov, 80 a-f; spilled each year; almost emptied end each year; drew down 12 - 15'; irrigated 11 acres pasture; stock 25 - 100 beef, garden, fishing; erosion control: "Am unable to stop silt entry. Have cleaned reservoir out when water is down"' "all of the water used to irrigate with is drained back into reservoir"; "We have a lot of surplus water that goes over the spillway in our reservoir each year. We would like to get a permit to enlarge our reservoir so that we would be able to irrigate more pasture land. [para] would you please contact us about this?"

    1981


    021580 Report of Licensee for 1978, 1979, 1980; used May - Nov; spilled each year; 12' down end of year; 12 acres irrigated, pasture grass, 100 head of beef, 5 persons domestic, 1 acre garden 1978 & 1979; fishing, boating;

    1984


    011484 Report of Licensee for 1981, 1982, 1983; used May - Sept; 80 a-f/year; spilled each year; 8' down end of year; irrigated 15 acres, pasture grass, 50 beef cattle, domestic 5 persons in 1 household, lawn & garden; fishing; conservation: "leveled field so that excess water from irrigation runs back into reservoir"; "We need more water than our reservoir holds and would like to apply for a permit to enlarge our reservoir. This would greatly improve the productivity of our ranch."

    1986


    010586 Report of Licensee for 1984, 1985, 1986; used Mar - Dec.; spilled each year; 10' down end of year; 10 acres irrigated, pasture, 50 beef cattle, fishing

    1989


    122689 Report of Licensee for 1987, 1988, 1989; water is used all 12 months for stock watering; did not spill any year; 4' down at max 1987 & 8, 2' down max 1989; 12' down end of 1987 & 8, 10' down end of 1989; irrigated none, 200 head beef, garden & lawn, fishing; after use, "When we irrigate the water discharge goes back into reservoir." "We have not irrigated from this reservoir for the last 3 years because of the low water supply."

    1993


    012593 Report of Licensee for 1990, 1991, 1992; water used every month; spilled 1992 only; 1990 6' down max, 1991 4' down max; end of each year 14' down; zero irrigated, 200 beef cattle; domestic 10 persons, garden & lawn, fishing; "have not irrigated because we have been too short of water." silt: "by not overgrazing and maintaining good vegetation on surrounding areas"; "Because the reservoir has not been filling each year we have stopped irrigating and use it only for stockwatering and domestic purposes."

    1998


    072098 Report of Licensee for 1995, 1996, 1997; water used every month; spilled 1996 & 7, not 1995; end of season down 10' 1996 & 1997, 12' 1995; 200 head of stock, 5 persons, fishing;

    2002


    012202 Report of Licensee for 1998, 1999, 2000; spilled every year; down 8' end of 1998, 9' 1999, 7' 2000; irrigated 21 acres each year, 200 head of stock, 5 persons domestic, 1 acre garden, fishing & swim;

    [nothing since]

    Return to Stony Creek Water Wars.

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