THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley (06/08/2010)

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

SWRCB APPLICATION A020603 - Hollis E. Reimers Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l008534%20a020603.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: Hollis E. Reimers
Address: 5600 W. County Road 200, Orland, CA 95963
Application 20603
Applicant: O.C. Harper and Frank B. Essex, Jr. dba Black Butte Ranch
Received 02/13/1962 o.c.
Maps Filed 02/13/1962 A:
Forms Sent 04/17/1962 - 8, 8a, 8b Fee $10.00

Protests:
[none]

Remarks
  • 042062 Affidavit of Posting Received
  • 091362 Report of Field Investigation of Unprotested Application by J.V. Scammon
  • 121962 Permit 13829 issued; Amt & Season under Permit - 59.7 afa - 12/01 - 03/15
  • 052567 & 05/26/1967 Rept. of Insp. by F.M. Kuchta
  • 031568 License 8534 mailed to Glenn C.R.
  • 031286 Ownership chgd to O.C. Harper Trust & L.F. Harper Trust, Ira Butler & Frank B. Essex Jr. dba Black Butte Ranch
  • 032797 assigned to Hollis E. Reimers

    [Inside of file back cover]

    Progress Data
    Use: Stockwater
    Source: 3 Unn streams trib Hambright Cr to Stony Creek
    Amount: 59.7 ac-ft/an.
    POD: (1) NW 1/4 NW 1/4 S9, (2) NE 1/4 NE 1/4 S8, (3) SE 1/4 NW 1/4 S4, all T22N R4W MDB & M
    Right of access: yes
    Maps filed 2A
    Not in N.F.
    In Investigated Area: No [tsk]
    Reference Map: USGS vol II pg 7
    Remarks: Cleared by Hearing Section 05/29/1962 K.L.W.
    Spotted on Wall Map 03/09/1962 D.L.S. in form 03/22/1962 C.M.H. [?]
    Notices to Reclamation, 2 copies

    LOOSE PAPERS IN BACK OF FILE;

    UNDATED Check by CHD: Dam #1 69.2 AF; Dam #2 15.9 AF; #3 51.1 AF
    021362 F map on SWRB 36 section quad, showing dams #3 S4, #2 S8 & #3 S9 1 & 2 flowing to #3; canal & Hambright Creek misplaced on map

    [it is not obvious from the aerial photos how these 3 ponds are tributary to Hambright rather than Stony; they appear to be tributary to the Low-line canal; is this the one Reclamation severed that cut off Frank Kirkpatrick's orchard?]

    Brown SUPERSEDED envelope - empty

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

    1962


    021362 F Application to Appropriate Unappropriated Water; Superseded; O.C. Harper & Frank B. Essex, Jr. dba Black Butte Ranch, Star Route Box 18-A, Orland, Glenn County, California; 59.7 acre-feet, 12/01 - 03/15; Livestock Water; original ap just for #2 ? #2 constructed in Summer of 1951, #3 in Summer 1953
  • insert: #1. at NW corner S9 700 ft [direction?] thence South 400 ft to Center of Dam #1 within NW 1/4 NW 1/4 S9 T22N R4W; 16 ft high, 420 ft long on top, 4 ft freeboard, earth; surface 6-1/4 acres, 35 a-f, constructed spring 1951
  • insert: #2. at NE corner S8 950 ft [direction?] thence ? 350 ft to center of Dam #2, within NE 1/4 NE 1/4 S8 T22N R4W 11 ft high, 270 ft long, 4 ft freeboard, earth, 1.8 acres surface. 6.7 a-f capacity, constructed summer 1951
  • insert: #3. at SW corner S4 2700 ft [direction?] and East 1750 ft. to center of Dam #3, within SE 1/4 NW 1/4 S4 T22N R4W MDB & M; 7 ft high, 570 ft long, 4 ft freeboard, earth, 7.75 acre surface, 18 a-f capacity, dam was constructed Spring 1953
    - to water approx 2000 head of livestock; downstream users: GCID
    021362 receipt $10.00
    021462 form letter Hill/SWRB to Harper & Essex; received & numbered Ap
    032162 letter Hill/Executive Officer to Dugan/Reclamation; put you on mailing list for 12 Aps.
    041762 form letter Hill/SWRB to Postmaster/Orland; please post
    041762 letter Hill/SWRB to Harper & Essex; enlcosed 3 copies of notice of your ap, post 2 by 05/02/1962 & return 3rd with affidavit by 05/28/1962.
    041862 6 return receipt cards

    041762 Notice of Application to Appropriate Water;
  • mailing list on back, 9 parties

    042062 Affidavit of Posting Notice; by Richard D. Conway, 1) Corner County Road A & County Road 200; 2) Orland Post Office
  • 0417625 Notice of Application to Appropriate Water; another copy
    042462 form letter Hill/SWRB to Harper & Essex; received affidavit
    083162 form letter Hill/SWRB to Harper & Essex; engineer Scammon will inspect 09/13/1962, meeting you at the Orland Post Office at about 1:30 p.m.

    091862 Report on Field Investigation of Unprotested Application; Scammon w/Dick Conway, Manager, Black Butte Ranch; "(1) All three stockwatering reseervoirs are constructed and are in use, and all three have adequate outlet valves installed in the dams. (2) All three reservoirs are located across ravines that carry natural flow only during periods of heavy rainfall in the area. (3) Use of water under this application is beneficial and is necessary for providing water so that the stock can graze in this area. The storage proposed can be made without adversely affecting any downstream rights." [to p. 2] watershed, "about 2 square miles of foothill pasture land;" "Stock drink directly from these three reservoirs." "Use of water for stockwatering purposes is the most beneficial use to which this amount of water can be applied." [to p. 3] downstream users adversely affected? "No....Applicant owns all of the area to Stony Creek. This source contributes no flow during the irrigation season to any other party." investigation of stream system carried "to Stony Creek" [where?] why investigation terminated at that point? "No flow in source throughout its coarse [sic] during irrigation season which is derived from the source under this application." water requirements downstream, "none"; probable season water can be taken without conflict with water rights? "December 1 to March 15" [to p. 3] "adequate outlet pipes in the reservoirs. Outlet pipes do not appear necessary because there are no other owners downstream that can be affected by these reservoirs."
  • 091362 photos #1 looking westerly, #2 looking westerly, #3 looking northerly

    021362 F Application to Appropriate Unappropriated Water; work copy? Not in N.F. Flournoy 15'
    103062 Check for Permit
    121262 Permit Terms
    111662 Approval for Signature, Water Right Permit; "no prior pending protested applications affected"
    121962 form letter Hill/SWRB to Harper & Essex; ap approved, please send $5.00 within 10 days
    122662 receipt $5.00
    122762 form letter Hill/SWRB to Harper & Essex; permit on back of enclosed Ap copy, annual progress reports, etc.
    122862 return receipt card;

    1963


    092563 Progress Report by Permittee for the Year 1963; usage as expected? "yes as far as stock usage - Evaporation and seepage are not constant factors"; 2000 head of stock; #1 for bass fishing; end of season #1 down 8 ft, #2 5 ft, #3 nearly all; "all over 10 years old, therefore questions 1 through 5 are not applicable."

    1964


    112764 Progress Report by Permittee for the Year 1964; max storage all approx 4 ft down; emptied #1 by evaporation , #2 puddle left in bottom; 1500 head; "three separate ponds, all of which are used only for stock watering purposes. Future use depends on the number of cattle watered each year. We experienced poor run-off last year due to the lack of rain. Our rainfall on the ranch was 9.62 inches."

    1965


    113064 Progress Report by Permittee for the Year 1965; full at max, down 7 feet at end of season; 1200 animals

    1966


    100766 Progress Report by Permittee for the Year 1966; spilled this year, down 6 feet at end of season; 1100 hd. cattle; fishing

    1967


    052667 Report of Inspection, F.M. Kuchta, unaccompanied, interviewed "Mrs. Conway (Ranch manager's wife) He was too ill to have visitors....Time expired" 12/01/1966. Allowed 59.7 a-f/annum, recommend 59.7 (35, 6.7 & 18 AF); "Total capacity 3 reservoirs about 1389 AF...Spiderweb surveys to determine area -- transit stadia. Sounded from a kayak. Height of dam etc. by use of hand level. Plotted to scale and planimetered." [to p. 2] Reservoirs #1 & #3 extend into additional "40's"....Livestock drink direct from the reservoir." Wasteful? "No...Normal for the area -- if water were not collected during the winter months, it woulde waste into the ocean....1100 to 1500 head of cattle"; year of max use: "1964 ('63-64 collection)"; max diverted to storage in one season "over 100 AF...1963-64"; max withdrawal one season "Estrimated - 100 AF+"; dead storage holdover 30 AF for "stockwatering in fall until rains begin" Other rights: "Riparian to streams covered under these filings as well as other streams on the property." [to p. 4]; permit vs. actual capacity #1 35 AF vs. 69.7 AF; #2 6.7 AF vs. 15.8 AF; #3 18 AF vs. 52.2 AF; totals 59.7 AF vs. 137.7 AF; "Permittees have been advised that the reservoirs hold more water than is covered under permit and proposed license and that the only way they can acquire a legal right to store the additional water is by filing a new application." "indefinite as to maximum drawdown--the reservoirs do not go completely dry but exact drawdowns were not available. For estimation purposes it appears that about 30 AF is normal hold-over. [to p. 4] Res No. 1, "earthen fill dam 20' high to crest with a freeboard of about 5', Water down 1.2' " 05/25/1967, 69.7 AF capacity 10.2 acres max; [to p. 5] Res No. 2, "earthen fill dam about 16' high to crest with 4' freeboard. Water down 1' " 05/25/1967, 15.8 AF 2.95 acres max; [to p. 6] Res. No. 3 "earthen fill dam about 16' high with 4-1/2' freeboard. Water down about 1' " 05/26/1967 52.2 AF 14.8 acres max, includes an island surrounded by timber & brush in the pond and screening off an inlet marked "marsh", "concrete weir spill"; [to p. 7] "...ranch manager was too ill to have any visitors but his wife did act as a go-between. She asked [him?] the questions that absolutely had to be answered and some questions she could answer of her own knowledge. Out in the field near Reservoir No. 3 a ranch employee was found who confirmed information given by Mrs. Conway and additional general information. [para] The application was filed by the indicated owners (dba) Black Butte Ranch. The ranch is owned by Mr. Harper and Mr. Essex who live in Texas, so, there was no opportunity to contact them directly. Mr. Conway will forward the Request for License to them for signature. He will also inform them that the right only covers a portion of the water that the reservoirs contain and explain that if they wish a legal right to store the remainder of the water, a new filing will be needed. [para] Because of the rank growth below the dams 1 and 2, the end of the outlet pipes could not be found but Mr. Scammon's Report of Field Investigation dated" 09/13/1962 "states that each dam is equipped with an outlet pipe and valve of adequate size. His statement regarding stram flow (only during heavy rains) is also helpful in this instance where the owners and the manager could not be contacted in person."
  • Photos; Reservoirs #1, 2, & 3; #3 shows considerable brush or tree growth in or adjacent to the reservoir

    071067 F Request for License; total 59.7 AF
    021362 Application to Appropriate Unappropriated Water; another copy, retyped? with 2 inserts for Reservoirs #2 & #3; #1 Commencing at NW corner of S9 700 feet east thence 400 feet south to center of Dam No. 1 within NW 1/4 of NW 1/4 S9 T22N R4W MDB & M; #2 Commencing at NE corner of S8 950 feet west thence 350 [guess, as in the other copy, hole punched in the number] feet south to center of Dam No. 2 NE 1/4 NE 1/4 S8 T22N R4W MDB & M; Dam No. 3 commencing at SW corner S4 north 2700 feet and east 1750 feet to center of Dam No. 3 within SE 1/4 NW 1/4 S4 T22N R4W MDB & M;
  • 121962 Permit 13829; back page of License
  • UNDATED Red IMPORTANT sheet reminding of terms;

    1968


    011668 Check for License
    031468 Staff Recommendation for Water Rights License;
    031568 License for Diversion and Use of Water; #8534
  • 031868 certification of the License;

    1969


    092669 Report of Licensee for 1967, 1968, 1969; used every month 1967, all but Nov & Dec 1968, June - Oct. 1969; spilled each year, not emptied, 5' down end of year, 500, 300, & 400 head cattle, & fishing;

    1972


    120172 Report of Licensee for 1970, 1971, 1972; spilled 1970 & 71, not 1972; full 1970 & 71, 10' down 1972; end of season 6', 7' & 10'; stock 200, 300, & 300 head cattle plus fishing

    1975


    111575 Report of Licensee for 1973, 1974, 1975; each year used Dec - May; spilled each year; end of season down 5', 6', & 5'; 500 head cattle each year, plus fishing; efforts to minimize erosion & silt: "maintenance of spillway"

    1978


    120178 Report of Licensee for 1976, 1977, 1978; 1976 & 7 used Dec - May, 1978 used Jan - July plus Nov; did not spill 1976 & 7, spilled 1978; at max 4' down 1976 & empty 1977; not emptied 1976 & 8, emptied "yes (Drouth)" to 1977 ; end of season 1976 down 8', 1977 empty, 1978 5'; use: stock

    1982


    121282 Report of Licensee for 1980, 1981, 1982; spilled each year; 800 - 1200 head of cattle each year, plus fishing; minimize erosion & silt: "spillway maintenance" "Water used exclusively for stock watering (Cattle)"; /s/ Richard D. Conway

    1986


    022486 Report of Licensee for 1983, 1984, 1985; each season used Oct - June; spilled 1983 & 4, not 1985; 1985 max 3' down; end of season draw down 8', 8' & 9'; irrigated 360 acres pasture & grain [probably not from this source]; 1200 cattle & horses, 8 persons, 3 acres garden, fishing; conservation: "Keeping the breaks in the dams fixed", credit for conservation claimed 137.7 AF each year; minimize erosion & silt: "prevent over graising [sic] of the pasture lands"; /s/ Claude Loomis; change in owner noted on front
    031286 form letter McAnlis to Ira Butler and Frank Essex Jr.; per report changing ownership to "O.C. Harper Trust and L.F. Harper Trust, Ira Butler Trustee and Frank B. Essex Jr. DBA Black Butte Ranch"

    1986


    120988 Report of Licensee for 1986, 1987, 1988; used every month except June 1988 ; spilled 1986 & 7, not 1988; 1988 5' down max; end of season 1986 & 1987 9' down, 1988 10' down; irrigated 360 acres pasture & grain [circled in black; bottom of form same ink: "purpose of use"]; 1986 & 8 650 head, 1987 700 head, cattle; 8 persons, 3 acres gardens, fishing; conservation: "tail water return system, repair and maintain the existing systems, claim 137.7 a-f credit each year; minimize erosion & silt: "prevent over grazing of pasture lands"; "Owner of Record: The O.C. Harper Testamentary Trust & Louise F. Harper Testamentary Trust, Harry Bartel Trustee and Hollis E. Essex Reimers DBA Black Butte Ranch"; /s/ Hollis E. Essex Reimers

    1991


    121291 Report of Licensee for 1989, 1990, 1991; "Owner name should read: Mrs. Holly E. Reimers/co-owner"; used every month; spilled 1991, not 1989 & 1990; 2' down max 1989, 1' down 1990; end of season down 1989 9', 1990 5', 1991 4'; irrigated 1989 323.3 acres, 1990 304.9 acres, 1991 243.14 acres [red See 05/13/1979 Contact Report" - s/b 1992] pasture & grain, 1200 head cattle & sheep, 8 persons 1989 & 1990, 9 persons 1991; 1989 & 1990 4 acres garden, 1991 5 acres; 1989 & 1991 Fishing, 1990 "Fiching [sic] & Hunting"; conservation: "Tail water return system & repair existing system for leaks and seepage."; claim 138 AF for water conservation each year; minimize erosion & silt: "Prevention of overgrazing and allow range to keep a good dry gras [sic] cover"; reclaimed waste water: "This type of water is not available to this ranch"; potential for reuse: "We reuse all that we are able"; potential for others to use reclaimed or polluted: "Any water that leaves the fields is dumped into a system where the trees and wildlife use it."
    051392 Contact Report Jim Pankratz called Mrs. Holly Reimers; "regarding reported irrigation of 300+ acres reported on the 1989. 90 & 91 Report of Licensee. She stated that the irrigation water comes from the USBR under the Angle decree Adjudication. She said our form states the use "complete for all project" so that's what she reported. Told her not to report her use under the adjudication on our form in the future." Decision: "Our form should be clarified in next update or revision."

    1995


    031895 Report of Licensee for 1992, 1993, 1994; used every month, spilled each year, down 4' 1992, 5' 1993, 3' 1994; acreage irrigated 355.5; 1500 or so head of stock; 8 persons; 3 acres garden; 1992 fishing, 1993 & 1994 Fishing & Bird watching; conservation: "Tail water return system, repaired existing system; claim 138 af 1992, 140 af 1993 & 4; "Owner of Record: DBA: Black Butte Ranch, Hollis E. Reimers & David H. Essex"
  • UNDATED Information sheet change to Holly, & David Harper Essex, 303 W. Wall Street, Suite 902, Midland, Texas 79701, 915/684-8034

    1997


    031697 Report of Licensee for 1994, 1995, 1996; used every month, spilled each year, 5' down end of 1994 & 5 [change from 3' on 1995 Report], 4' down end of 1996; irrigated 355.5 acres, 1500 head; 7 persons, 4 acres garden, "private" recreation; conservation: "Tail Water return system"; Owner or [sic] Record is: "Hollis E. Reimers DBA Black Butte Ranch"
    032797 letter Okada to Reimers; changing records to show Hollis E. Reimers; 2 copies

    2000


    032500 Report of Licensee for 1997, 1998, 1999; used every month, spilled 1997 & 1999, not 1998, max down 4' 1998; end of season 4' down 1997 & 1999, 6' down 1998; irrigated 355.5 acres, 1,500 head, 6 persons, 3 acres garden, recreational "Private";

    2004


    012704 letter Reimers to SWRCB & Board of Equalization; Letter of Protest, "Enclosed with this latter [sic] is $300.00 (three hundred dollars) which is payment in full for the water rights fee assessed against Hollis E. Reimers, Account Numbers WR MT 94-008705 2, WR MT 94-007471 4 and WR MT 94-009296 2, on or about" 01/08/2004. "Payor hereby protests the fees paid and adopts and incorporates fully be reference the Petition for Reconsideration, Request for Refund and Points and Authorities in Support of Petition that will be filed on Payor's behalf, and on behalf of others, by Northern California Water Association ("NCWA") and Central Valley Project Water Association ("CVPWA"). [para] This payment is made under protest in accordance with the Stipulation and Order entered" 01/20/2004, "by the parties to Northern California water [sic, caps] Association, et al, V. State Water Resources Control Board, et al., Sacramento County Superior Court, case No. 03CS01776." cc Robert B. Hoffman of Somach, Simmons & Dunn
  • 012704 copy of $300 check to State Board of Equalization
    010804 bill $100.00 WR MT 94-007471 4
    010804 bill $100.00 WR MT 94-008705 2
    010804 bill $100.00 WR MT 94-009296 2

    2006


    030606 Report of Licensee for 2003, 2004, 2005; used every month, spilled each year, end of season 2003 down 5', 2004 down 4', 2006 down 6'; irrigate 355.5 acres, 1500 cows 2003 & 2005, 1450 cows 2004; domestic 6 persons 2003 & 5, 5 persons 2004, 4 acres garden 2003 & 4, 6 acres garden 2005; recreation "Private"; other: "Fire & Wildlife"

    2009


    030609 Report of Licensee for 2006, 2007, 2008; used every month; did not spill any year; at max 2' down 2006, 3' 2007, 4' 2008; end of season 6' down 2006, 7' 2007, 8' 2008; 1500 cows/calves, plus 30 bulls 2008?; recreation "Private"; other "Fire & Wildlife"
    Return to Stony Creek Water Wars

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