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 A022776 - Hollis E. Reimers Case Index

[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l009644%20a022776.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: 560 [sic] W. County Road 200, Orland, CA 95963
Application 22776 [23740 related]
Applicant: Robert and Violet Knudsen
Received 04/26/1967
Maps Filed 04/26/1967 A Maps
Forms Sent 05/29/1967 - 8, 8a, 8b

Protests:
[none]

Remarks
  • 051171 Affidavit of Posting Received
  • 011068 Permit 15552 issued
  • 051170 Inspection Report
  • 031771 Mailed to Glenn CR Issed License 9644
  • 110395 Not of asgd Estate of Violet Knudsen
  • 030596 assigned to Hollis E. Reimers

    [Inside of file back cover]

    Progress Data
    Maps filed 04/26/1967 Twp. plats "A"
    Reference Map: USGS vol II Pg 7 Flournoy 15'
    Spotted on Map 05/18/1967 RK [?] Volume 2 p. 40
    Prepared Flex Card: 050267
    Cooperation U.S. Govt. - Located in: No
    In Adjudicated Area: No [wrong!]
    Watermaster Area: No [wrong!]
    Critical Watershed: No
    Related Applications: None [23740?]
    Right of access: yes (owns land)
    In Form: 05/18/1967 RK [?]
    Notices to Reclamation; Downstream 14865

    LOOSE PAPERS IN BACK OF FILE;

    UNDATED Map on SWRCB 36 Section form, Mapped by "Peters, Fuller and Byrne, Attorneys for Applicants"; Violet reservoir ; placed in S18

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

    1967


    042667 F Application to Appropriate Water; "Rain water accumulated on below-described property"; 4-1/2 a-f/annum between Nov & March for stock watering; POD 660' N of SW corner of NE 1/4 SE 1/4 S18 T22N R4W Glenn County; 12' high, 125' long, 2' freeboard, of clay, gravel & concrete; "violet Reservoir"; cost $755.00, was completed 11/1966; stockwatering 2000 head of sheep; beneficially affect fish & wildlife, "Wildlife will have a place to get water. Reservoir will be stocked with catfish and bass." "Feed dogfood to the fish. No other protection needed."
  • 042667 slip attached $10 rec'd, OK to file

    042467 letter Rush/Peters et al. attys to SWRB; enclosed ap & $10
    042667 letter Hill/SWRB to Knudsen; received Ap, assigned #22776
    042667 Record of fees $10
    052967 form letter Hill/SWRB to Knudsen; post before 06/13/1967, affidavit returned by 07/10/1967
    052967 Notice of Application to Appropriate Water; mailing list on back, 9 parties including for ap 14865 Mr. & Mrs. J.D. Mallon, Rte 3, Box 63, Orland, CA 95963
    053167 return receipt cards
    052967 form letter Hill/SWRB to Orland Postmaster; please post
    060967 Affidavit of Posting Notice; attached to 2 pieces of plywood & nailed to trees near reservoir [both on private property and not in sight of public road?]
  • 052967 Notice of Application to Appropriate Water; another copy

    091567 Check for Permit; surface area of Violet Res. is 1-1/2 acres, completed 1966 [out of date order in file]

    102667 letter Rush/Peters et al attys to Hill/SWRB; please advise status ap 22776
    102767 letter Spencer/Chief Engineer to Peters, Fuller and Byrne, attys; "Under a decree issued" 01/13/1930 "by the U.S. District Court, the entire flow of Stony Creek is allocated during the period between March 15 and December 1 of each year." [not exactly] "Our Board, therefore, cannot approve permits for diversion during that period. Our staff also believes it appropriate to protect prior rights of downstream users on Stony Creek by including the following terms in any nonconsumptive storage permits issued:
    After the initial filling of the storage reservoir, permittee's right under this permit extends only to water necessary to keep the reservoir full by replacing water lost by evaporation and seepage, and to refill if emptied for necessary maintenance or repair.

    Water entering the reservoir or collected in the reservoir during and after the current storage season shall be released into the downstream channel to the extent necessary to satisfy downstream prior rights and to the extent that appropriation of water is not authorized unter this permit.

    Permttee shall, when required by the State Water Rights Board, install and maintain an outlet pipe of adequate capacity in his dam as near as practicable to the bottom of the natural stream channel or provide other means satisfactory to the Board to comply with the preceding paragraph."
    - reply within 15 days else we will assume these terms are OK.

    110167 letter David H. Rush to Spencer/SWRB; "After reading your letter of" 10/27/1967 " it would appear that there is some misunderstanding as to the source of the reservoir water involved in the above application. Paragraph '1' of application 22776 states that the source of the proposed appropriation is 'rain water accumulated on the below described property'. This water is accumulated during the rainy season only and flows down two natural ravines described in the application. There is not even a regular stream in these ravines. The ravines and the subject reservoir are physically separated from Stoney [sic] Creek by Simpson Ridge which is 200-300 feet highter in elevation than is Stoney Creek. [para] This application has absolutely nothing to do with Stony Creek and does not diverting any water from said creek. All that is involved here is a small pond or reservoir filled with accumulated rain water and used for watering a few head of sheep. [para] A xerox copy of a 1938 aerial photograph of the subject area is enclosed." [wrong?] Please re-evaluate.
  • xerox of aerial photo, Stoney Creek, Simpson Ridge, Violet Reservoir location

    111567 letter spencer/Chief Engineer to Rush/Peters et al. attys; "Maps show that the unnamed stream on which the reservoir is located is tributary to Stony Creek downstream from the Black Butte Reservoir. [para] The watershed and location of the source indicate that water would be available only immediately following storms and would have no effect on prior downstream direct diversion rights. It therefore appears that the special permit terms proposed in our letter of" 10/27 "are not applicable. [para] For these reasons we will retain the origional storage season and recommend....approval." cc Pafford/Reclamation & Mr. Charles H. Frost, Manager, OUWUA [so Rush fooled them?]
    042667 F Application to Appropriate Water; work copy
    122167 Staff Recommendation for Water Right Permit;

    1968


    011068 Permit for Diversion and Use of Water;
    011068 letter Woodward/Div WRights to Knudsen; ap approved, permit issued, $5.00 ASAP;
    011068 letter Knudsen to Woodward/Div WRights; enclosed $5.00;
    011268 Record of Fees $5.00
    121068 letter Rush/Peters et al attys to Div WRights; 1968 progress report enclosed
  • 120968 Progress Report by Permittee for 1968; 6" rain fills reservoir to capacity; used every month; source dry summer months; end of season down 6'; 2,000 sheep

    1969


    110569 letter Rush/Peters et al attys to Div WRights; 1968 progress report enclosed; henceforth, please send the forms directly to them
  • 110369 Progress Report by Permittee for 1969; 2000 sheep; source goes dry summer months, rain water in soil source of supply; used all months except Sept-Oct; 5' down end of season

    1970


    05??70 form, engineer C.H. Dabney will inspect 05/11/1970
    051870 F Report of Inspection; accompanied by Mr. Knudsen and Mr. Daniels, a friend; recommend 4.5 AF/annum, 11/01 - 03/31, stockwatering; limiting capacity 7.6 AF, "plane table survey and sounding."; [to p. 2] how applied: "The cattle drink directly from the reservoir." Use not wasteful, "common in the area"; "600 head of sheep at times use the water"; max diverted "7.6 AF...1969"; held over in dead storage: "enough for stockwatering" [to p. 3] "This is the only reservoir the permittee has in a 1400 acre piece of land. He plans on constructing another dam in the near future, and forms for filing on it were left with Mr. Knudsen as well [sic, no "as"] forms for filing on the excess capacity in this reservoir of 3 acre-feet. [para] The outlet pipe clause was brought to the attention of the permittee, and he said that if required by the WRCB he would provide some means for releasing water from the reservoir." [p. 4] reservoir diagram, 7.6 AF [p. 5] 3 panoramic photos, reservoir with water in it
    051170 Request for License
    011068 Permit for Diversion and Use of Water; another copy

    1971


    011871 Check for License
    031271 Saff Recommendation for Water Rights License
    031771 License for Diversion and Use of Water;
  • 031971 Certification of License

    1972


    122172 Report of Licensee for 1970, 1971, 1972; used Dec 1972? spilled twice in Dec. 1972; stock 100 - 125 head of steers; dry until it filled in Nov 1972, dry in 1970 & 71;

    1975


    111975 Report of Licensee for 1973, 1974, 1975; used every month except June - Oct; spilled 1974 & 5, not in 1973; 9 ft down end of each season; 250 white-face steers;

    1978


    120278 Report of Licensee for 1976, 1977, 1978; used every month except Sept, & not used Oct - Dec 1978; "Lake Robert" written in, so, which is it? at max 12' down end of 1976; drawn 10' down end of season; 200 head white face; wild life - deer, doves, ducks, squirrels, etc.; "In 1976 a drought year, we had a freak storm or cloud burst, that filled the reservoir up full in early spring. [para] In 1977 we also had a freak storm in early spring that filled the reservoir 3/4 full. [para] As stated, when no cattle are on land during June, July, Aug & Sept. the water is used by wild life including many deer, doves, ducks, squirrels, etc. etc."

    1982


    121082 Report of Licensee for 1980, 1981, 1982; used every month except June - Oct, "Deer, ducks, doves and other wildlife use it year round"; spilled each year; 4 ft down end of season; 250 head beef cattle

    1985


    120985 Report of Licensee for 1983, 1984, 1985; used every month except Apr - Oct; 250 head cattle; "Only water used is for livestock"

    1988


    121288 Report of Licensee for 1986, 1987, 1988; used every month except Apr - Oct; 250 head cattle; "Water only used for livestock"

    1991


    122891 Report of Licensee for 1989, 1990, 1991; used every month except Apr - Oct; did not spill 1991, est 15 feet down 1991 at max; 250 head cattle; conservation: "reservoir is in good condition"; "Water only used for livestock"

    1995


    032395 Report of Licensee for 1992, 1993, 1994; used every month except Apr - Oct; spilled 1993 & 1994; 250 head
  • UNDATED Information Sheet, for name, address, phone, parcel number

    110395 letter Duff/Permit & License Unit to Jerome Peters; re aps 22776 & 27340; you say Robert Knudsen passed away in 1984 & Violet in 1994; enclosed are copies of licenses, recites amounts, 3-year report forms plus special 1994 Report to update records, forms enclosed for ones not received, complete & return

    1996


    030596 letter Okada/Permit & License Unit to Reimers; changing records to show you

    1997


    031697 Report of Licensee for 1994, 1995, 1996; used every month except July - Sept, & June 1995; spilled every year, 2' down end of season 1994 & 1996, 3' down 1995; 250 head; recreation: "Private - Fishing"; conservation: "shade trees"

    2000


    032500 Report of Licensee for 1997, 1998, 1999; used every month except July - Sept, & June 1997 & 1998, & May 1998; spilled 1997 & 1999, not 1998; 1998 0.5' below spillway at max; end of season 1997 3' down, 1998 4' down, 1999 2' down; stock 250 head, recreation "Private - Fishing & Wildlife"; conservation: "Shade Trees"

    2006


    030606 Report of Licensee for 2003, 2004, 2005; used every month except Jun - Sept, & May 2003 & 4; spilled each year; end of season down 3' 2003, 2' 2004 & 5; 250 cows; "Private" recreation; other uses "Fire & Wildlife"

    2009


    030609 Report of Licensee for 2006, 2007, 2008; used every month except May - Sept; did not spill any year; max 1/2' down 2006, 1' 2007, 3' 2008; end of season 4' down 2006, 5' down 2007 & 8; stock 2006 66 heifers, 2007 58 heifers, 2008 55 heifers; 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