THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (11/12/2009)

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

SWRCB APPLICATION A023995 - Charles W. Westcamp & Leslie L. Westcamp
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l010981%20a023995.pdf - that's ell-zero-one-zero]

[schedule of allowed Angle Decree usage at http://www.mjbarkl.com/limits2.htm shows that SWRCB did not have jurisdiction to consider this application]

[Maps?]

CORRESPONDENCE VOL. 1 OF 1 RECORD OF FOLDER [" F " - date filed if date originated not evident]

[Inside of file front cover]

Applicant: Jessie G. Westcamp Revocable Living Trust, Dated March 19, 2002
Address: c/o Jessie G. Westcamp, 940 Co. Rd. 303, Elk Creek, CA 95939

Application 23995 [ Permit 16527 License 10981 ]
Applicant: Charles W. Westcamp & Leslie L. Westcamp
Date Filed 03/09/1972 Maps Filed 03/09/1972-A; County No. 11 (Glenn) Fee $10.00
Forms Sent 05/07/1977 - 8; 8a, 8b

Protests:
  • 06/13/1972 U.S.B.R. Dismissed or Withdrawn 08/18/1972

    Remarks
  • 05/30/1972 Affidavit of Publication Received
  • 012673 Permit 16527 Issued
  • 051077 Rept. of Insp.
  • 040880 License 10981 issued
  • 060704 assigned to: Jessie G. Westcamp Revocable Living Trust

    Fees:
  • 030972 Application $10.00, from C.W. & L.L. Westcamp - Box 16 - Star Route - Elk Creek, CA 95939
  • 012473 Permit $10, from Charles Westcamp, Box 16, Star Rt., Elk Creek, CA 95939

    [Inside of file back cover]

    ????77 PROGRESS DATA; federal adjudication; notices U.S.B.R., Orland Unit Water Users

    LOOSE PAPERS IN BACK OF FILE;

    032878 map Charles W. & Leslie L. Westcamp, unnamed Stream, 2 diversions, #1 NE SE S35 T19N R6W; #2 SW SW of S35 T19N R6W MDB & M; County of Glenn, USGS Quad Lodoga 1960 15', Stonyford 1951 15'; irrigate 10 acre piece just north of Dam #2;
    UNDATED map Ap 23995 Permit 16527
    030972 F map on State of California--State Water Rights board form 17-A topo grid, 2 copies
    082372 Permit Clauses, Ap. 23995 worksheet; added 07/18/1972 from Westcamp letter, 2nd paragraph [?]

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

    1972


    022472 letter Mrs. C.W. Westcamp to SWRB, enclosed ap for 2 dams, thought there was a $10 fee but don't see it on the forms
    030272 form letter Woodward/Div WRights to Mrs. C.W. Westcamp $10 to file, else can't accept, within 30 days, 3 copies
  • 030972 Rec'd $10.00 ck
    030972 Application to Appropriate Unappropriated Water, unnamed stream to Stony Creek and Sacramento River; 22.1 & 5.6 a-f stored & later applied; "Livestock water, recreation, fire protection, irrigation and wildlife enhancement"; 2 earthfill dams, #1 24.5 high, #2 22.1, both 150 ft crest, 3 ft freeboard; "Fishing, swimming and hunting for 6 persons 45 days per year. Stockwater for 150 ewes and 30 cows 6 months per year"; [so where is the irrigating?]
  • 030972 No fee
  • 030972 $10.00 rec'd
  • 030972 OK to file A maps
    040372 letter Spencer/Supervisor Northern to Westcamps, enclosed is a map prepared from part of a USGS map; ap lists irrigation, need 1) outline of 10 acres to be irrigated, 2) show pipeline and specify pipeline diameter
    050272 Notice of Application to Appropriate Water, 2 copies
    050?72 2 Return Receipt cards, Westcamp & OUWUA
    UNDATED Notice to Postmaster, please post
    UNDATED Instructions to Applicant, post 2 copies of notice by 05/22/1972 & file proof of posting with Div WRights by 03/12/1972
    052472 Statement of Posting Notice: Elk Creek P.O. Bulletin Board, & community mail post on Road 303

    061272 letter Hammond/Reclamation to Westcamps, filing attached protest but happy to discuss it
  • 061272 Protest, Reclamation, "The entire flow of Stony Creek is required - and is fully utilized during the irrigation season by the Orland Water Users Association within the boundaries of the Orland Project under water rights of the United States Bureau of Reclamation except for certain riparian and appropriative rights established by judicial decree." "priority rights acquired in 1888 and 1897 and decree in United States District Court dated January 13, 1930. Stony Creek waters were adjudicated by Judicial Decree dated January 13, 1930 in the Northern Division of the United States District Court for the Northern District of California, Second Division, in the case of United States of America vs. H.C. Angle, et al. In addition, the United States holds License 2652 issued on Application 2212 for storage of 50.200 acre-feet per annum in Stony Gorge Reservoir." "Lands within the Orland Project have been under irrigation since 1910. The project works provide a full water supply for the irrigation of about 19,500 acres of irrigable land. The quantity of water diverted during the period from 1963 to 1970 has averaged 111,000 acre-feet." [tsk tsk] Settlement terms: 1) "Permittee shall not divert any water if, in the absence of permittee's diversion, hydraulic continuity would exist between permittee's diversion point and Stony Gorge Reservoir, and shall allow all streamflow at his diverion works to pass undiminished to the downstream channel. However, permittee may store in any water year in which Stony Gorge Reservoir fills. In addition, permittee may store if a water exchange contract with the Bureau of Reclamation is in effect which covers the full amount of water diverted under this permit." 2) outlet pipe; 3) subject to mod by SWRCB if after notice & opportunity for hearing, water is needed for water quality; 4) SWRCB reserves jurisdiction to "conform the season of diversion to laterfindings [sic] of the Board on prior applications involving water in the Sacramento River Basin and Delta", after notice & opportunity for hearing.

    061972 form letter Spencer/Div WRights Westcamps, protest received, answer them & us by 07/05/1972
    062172 memo Bonderson/Div WQuality to Spencer, on 6 aps, no adverse effects on water quality, no comments
    070372 F letter C.W. Westcamp to Div WRights, "Approval of this - application will in no way impair the water supply of Stony Gorge Reservoir because the 'stream' diverted only has run-off in a wet year. The dam is situated 900 feet above Stony Creek and was built [already built? see 12/20/1972 memo] mainly to store stock, domestic, and irrigation water which will be pumped from the creek under contract with the Bureau of Reclamation (already in effect and paid for). [para] In the event of partial filling from run-off in a medium precipitation year, if it could be determined how much water was run-off as opposed to purchased water from the previous season, and that amount of water were syphoned out, it would not be put to any beneficial use as most or all of it would be lost in the deep gravel and shale soil in the 900 foot course to the creek." [so, require a 900-foot pipeline?]

    071072 letter Spencer/Northern Region to Westcamp, answer to protest received, answer did not say copy forwarded to Reclamation so we sent one.
    071872 letter Hammond/Reclamation to Westcamp, in response to phone - conversation between Westcamps and Colon/Reclamation 07/07/1972; 15 a-f [not 22?] reservoir already constructed to be filled generally with water purchased under contract from Reclamation, additional 5.6 reservoir upstream from that storing water only when possible [uh, how could they store water when it is impossible?]; and they'll agree to permit terms at which point notify SWRCB & Reclamation will withdraw the protest: "'Permittee shall not divert any water if, in the absence of permittee's diversion, hydraulic continuity would exist between permittee's diversion point and Stony Gorge Reservoir, and shall allow all streamflow at his diversion works to pass undiminished to the downstream channel. However, permittee may store in any water year in which Stony Gorge Reservoir fills. In addition, permittee may store if a water exchange contract with the Bureau of Reclamation is in effect which covers the full amount of water diverted under this permit"; also, water quality, retained SWRCB jurisdiction to adjust the season, etc.

    080272 letter Spencer/Northern Region to Westcamp , received Reclamation 07/18/1972 letter, term #2 is in all SWRCB permits, let them know if agreed to the other terms.
    081672 F letter C.W. Westcamp to Spencer/Northern Region , agrees to all terms [by reciting them]
    081872 letter Spencer/Northern Region to C.W. Westcamp , protest dismissed
    120872 Check for Permit [out of date order]
    122072 Staff Recommendation for Water Right Permit; "Two onstream - reservoirs, 1 built in 1950, the other in 1970, The source flows into Stony Creek between East Park Reservoir and Stony Gorge Reservoir. The larger reservoir (22.1 acre-feet) is located about 1/4 mile from Stony Creek and will irrigate a total of 10 acres. The small reservoir (5.6 acre-feet) is located about 2 mile from the mouth of the stream. Larger reservoir meets tentative Board guidelines for efficiency and size. Smaller reservoir too deep to meet guidelines, [WHERE ARE THOSE GUIDELINES?] but because of small storage capacity, approval is recommended. Has very high storage efficiency...We are permitted to add 4-1/2 acre feet for irrigation of each acre plus 2 acre-feet for evaporation or 65 acre-feet plus water used for stockwatering. [?] This compares to 27.7 acre-feet per annum applied for in Application 23995...." "Runoff from irrigation cannot be reclaimed without additional pumping. However irrigation will be by sprinkler so there should be little runoff to Stony Creek." [actually, reclamation will be by 2 subsequent downstream reservoirs] [out of date order]

    1973


    011173 letter Spencer/Northern Region to C.W. Westcamp , application approved, please send $10 within 10 days
    UNDATED letter Spencer/Northern Region to C.W. Westcamp , handwritten thereon, $10 enclosed
  • 012373 Recvd. $20.00 ck 01/23/1973 RL

    030972 work copy Application to Appropriate Water
  • UNDATED Supplemental Information - Environmental Effects; "22...Describe method and location of disposal by 40-acre subdivision of public land survey or protection thereof": "livestock use & sprinkler irrigation"; "23. Fish and Wildlife...beneficial or adverse...." "Beneficial - deer, birds, other animals drink here & can stay back from the creek where hunters lurk." [public trust conflict?] "24. Waste Water Reclamation..." "No waste."
  • 012673 Permit for Diversion and Use of Water, Permit No. 16527 max 27.7 a-f collected 12/01 - 03/14
    012673 letter Spencer/Northern Region to Mr. & Mrs. Charles W. Westcamp, water right permit is enclosed
    103173 Progress Report by Permittee for 1973 ; draw down? "It doesn't - we buy Reclamation water form Stony Creek (exchange for evaporation)"; tally of use 18 a-f

    1974


    110574 Progress Report by Permittee for 1974 ; irrigate sudan grass (10 ac) & family garden [so, more than 10 acres? see ap & permit]; water 30 head, domestic 4 persons & garden 50' x 125' [1/6 acre], and fishing; no draw-down, "we buy USBR [water] & pump from Stony Creek; silt & erosion control: "No tillage in or across creek bottom" "no runoff from sprinklers" "7. We'd like a larger garden & orchard & desperately need more permanent pasture."

    1975


    110975 note, Westcamp to "dear sirs", "Recently in our newspaper we were advised to 'register' stockwater ponds, with a $10.00 fee, and a report form to be filled out every 5 years. [para] We wonder if our ponds are already 'registered' under this permit #16527 or whether we have to fill out these other forms & send them in all over again. [para] Hope you can clear this up for us. [para] Thank you very much. Mrs. C.W. Westcamp...."
    111375 letter Sabiston/Supervising engineer to Westcamp , "The appropriateive water right permit covers two of your stockponds and constitute a better water right than could be obtained by filing claims under the new 'stockpond' legislation referred to in your letter of November 9."
    103175 Progress Report by Permittee for 1975 ; irrigate small grains 8 acres, sudan 2; bass & bluegill fishing; 20 head of stock; domestic 3/4 acre garden & yard; in amount of water used line, check marks instead of numbers; draw down "none - we buy H2O from B.R. & fill it in Nov."
  • Notice to permittee, time to complete use under this permit has - expired or about to expire, progress forms enclosed; 3 alternatives, 1) full use or consider project complete, request a license, which will lead to an inspection; 2) not commenced contruction or project abandoned, asked to request revocation; 3) not complete use may qaualify for an extension
    - 111275 F form, checked "Full use of water has been made, both as to - amount and season, and I request license be issued." not signed, not as to penalty of perjury on back

    1976


    121576 Progress Report by Permittee for 1976 ; irrigated 45 acres, 100 head of stock, domestic 4 persons - small garden, no lawn; used every month but no amounts; Jessie Westcamp; "#6 & #7 "This yr there was teriffic drouth with no run-off at all. The water used is supplementary water purchased from Bureau of Reclamation so my answers are probably ambiguous for this year only (we hope!) This project saved our life this year--we would have had to liquidate ALL livestock instead of just half. [para] I guess we are ready for the 'License' in pt. 1 of the enclosed letter. [para] Thank you very much."

    1977


    051077 Report of Inspection "Who measures flow? no one" "The reservoirs are used for purposes in permit. Water from reservoir #2 is pumped for sprinkler irrigation of 10 acres of pasture. Fire trucks may use the water when necessary." "wasteful...No....All available water is used." "units served....10 acres pasture 15 head of cattle...Swimming, boating" "Permittee has pumping facilities to satisfy outlet pipe clause. Permittee buys water from USBR when #2 goes dry to satisfy clause 14."
  • Calculations - drawings of both reservoirs actual total looks like 5.7 af; drawing of irrigation: 4" aluminum from 7-1/2 hp 4" pump from reservoir #2 to 3 cross bars covering 10 acres
  • Photos: Res #1, empty; spillway #2 dry; pump area, water in reservoir #2; place of use, dry, rocky?;
  • Section 35 on topo plus, shows unnamed stream, locations of #1 & #2, 10 acre pasture, buildings; buildings are upstream of #2, where is garden? Tough environment?
    061777 Request for License, sharply limited from original permit, down to 5.7 a-f total
    010673 Permit for Diversion and Use of Water (another copy)
    061777 Request for License, another copy, "License Draft"

    1978


    033178 Check for License, "REMARKS:...EMM - Suggest we have Ann add words 'stockwatering, recreational, fire protection and wildlife enhancement uses' to 'at Westcamp Res #1 within NE 1/4 of SE 1/4 and Westcamp Res. #2 within....' Also stockwatering clause referenced to Westcamp Res #1 only since the withdrawal for irrigation is from Res #2 only....WCS" 03/21/1980

    1980


    040280 Issuance of Water Right License and any Associated Petition for Changes or Extension to Cover Year of Maximum Use" "Two small onstream reservoirs collect winter runoff for watering of cattle, fishing and fire protection uses, plus the water is available for wildlife. The lower reservoir is also used for irrigation of 10 acres of pasture or haycrops. Supplemental water purchased from the U.S.B.R. is pumped to the lower reservoir from Stony Creek and regulated prior to use" [how?]
    040880 License for Diversion and Use of Water
  • 040880 certification of true copy of license

    1982


    120382 Report of Licensee for 1980,1981,1982 spilled in 80 & 81, used 5.7 a-f each year but doesn't show amounts by months; spillway "dry in June" each year, & normally; irrigated 2+ 1980 & 1982, 0 to 1/2 in 1981; sudangrass, garden & fam orchard, cattle & sheep, 2 persons domestic, 1/2 acre gardens; "Phreatophyte...What's this? Can't find it in Merriam-Webster" [it's in mine.] Conservation: "moved to low pressure sprinkler heads for better coverage - use of probes to determine soil moisture" "#5 We have 2 ponds - the upper one is strictly stockwater & dries up on June whether used or not that late. Usually used till too muddy for cattle. The lower pond is never dry because we buy H2O from USBR thru Stonycreek Water District for summer use for eventually 30 or more acres we hoipe to develope [sic]. This water is pumped 900 ft from Big [sic] Stony Creek."`

    1985


    120985 Report of Licensee for 1983,1984,1985 ; 8 af 1983; 12 af 1984; 9 af 1985 with 8.5 of that in Oct.?; irrig 3 1983, 2 1984, 0 1985; sudan grass; cattle & sheep 40 & 70 1983, 42 & 65 1984, 50 & 58 1985; domestic garden .5 acre 1983 & 4, .25 acre 1985, fishing 1985; drip system for garden & family orchard; sprinkler irrigation so no silting; "Line 6 - We buy 'exchange Black Butte' water from U.S.B.R. each year to irrigated and then fill the pond each Oct in case of another low rainfall year happens. Line 2 Difficult to answer as the 2 'waters' are mixed up - perhaps my definition of 'used' is incorrect - some of these months were 'boughten'."

    1988


    122988 Report of Licensee for 1986,1987,1988 ; 10 a-f 1986, 12 1987, 13 1988 incl 5 in Jul & Sept & 3 in Nov; 1986 26 pairs cattle & 60 pairs sheep; 87 22 & 58; 88 19 & 62; 2 persons domestic, 1.5 ac gardening; fishing; "These amounts of water are not collected - but are purchased water from Stony Creek Water District from March to Nov - perhaps these figures are inappropriate as for 3 years we've had little run-off so we fill the pond in the fall to insure stockwater for the winter."

    1991


    121391 Report of Licensee for 1989,1990,1991 ; 89 13 a-f pumped, 90 12 af pumped; 91 4 af pumped; spilled briefly 03/1991 but at maximum storage water was 6' below spillway [eh? March vs end of season, would guess]; end of season draw down 0 1989 pumped full in, 90 0 pumped full, 91 6' only pumped; 1989 25 cows & calves, 60 sheep, 2 horses; 1990 19 cows, 50 sheep, 0 horses; 91 11 cows, 44 sheep, 0 horses; domestic 2 persons; 1/2 acre yard & garden; occasional bass fishing in mid-spring; use drip in garden; "holistic management of fields easier said than done with little rainfall"; "we've had run-off only in march of '91 - we buy water under contract with USBR thru Stony Creek Water District - we formerly irrigated (Sprinklers) 10 acres of pasture crops but haven't since the drouth. We usually pump water form Stony Creek 2 or 3 times from Aug thru Oct 31, the end of SCWD's irrigation season. We filter & chlorinate water from the pond for domestic use"

    1995


    032195 Report of Licensee for 1992,1993,1994 ; spilled in 94; less than 1 acre irrigated; stock 66, 60 & 55; conservation: "The price of pumping water is prohibitive to irrigating much beyond yard trees & small dooryard garden & livestock"; "Line 6 - Each year we purchase 5-9 af of water under our USBR contract with Stony Creek Water District. This is put into the reservoir just before 10/31 ea. yr. in apprehension of yet another dry year. This in dry years it doesn't spill but neither does the water level get dangerously low."

    1998


    020698 Report of Licensee for 1995,1996,1997 ; spilled all 3 years; 95 15 cows 48 sheep, 96 13 pairs cattle, 97 10 pair cattle; domestic 2 persons; 1/4 acre garden 95 & 96, 0 97; "We pump approximately 9-11 a.f. of water purchased from USBR & Stony Creek Water District during the summers and then fill the pond in October in case of a lack of rain in the next season."

    2001


    061301 Report of Licensee for 1998,1999,2000 ; spilled all 3 years; irrigated 1/2 acre 1998, 18-1/2 acre 99 & 2000; 26 head 98, 20 cows part time 99, 20-40 cows & 40 goats 2000; domestic 2 persons; garden 1/2 acre; drip irrigation of orchard; "We have a contract to pump water from Stony Creek from March to Nov 30 so we don't let the level be low in fall."

    2003


    123103 letter Satkowski/Licensing Unit to Charles W. Westcamp, received notification of changes in ownership of water right, updated the records to "Charles W. Westcamp, Jessie G. Westcamp Revocable Living Trust" [out of date order]
  • 102203 address change form; Leslie Westcamp gifted his share in 1995 & 1996; Charles, Valley West, Williams;

    2004


    060704 Parcel Quest Data Report, Westcamp Jessie APN 018-160-010; sale history 03/25/2002 & 04/11/2002, 640 acres 551 s-f 1 b/r 1911
    UNDATED map, parcel 10 all of S35 T19N R6W
    060704 topo map showing S35
    060704 Microsoft Terraserver Image, satellite photo same as topo map area,
    052804 Report of Licensee for 2001,2002,2003 ; Sources of water "God & USBR"; direct diversion Jul 5 Aug 5 Sept 2 total 13 a-f 2001; Jun 5 Jul 5 Aug 2 Oct 2 total 14 2002; Jul 6 USBR Aug 6 USBR total 12 2003; spilled each year; never emptied the reservoir, minimum storage 5' below spillway; irrigation 18 acres each year; 15 cows 2001, 15 cows 40 goats 2002; 200 goats 10 cows 2003; domestic 2 persons 2001, 1 in 2002 & 2003, 1 acre; wildlife; "We buy water from USBR & pump it in from Big Stony Creek [?] so these amounts are what is metered [who meters?] in from that source."
    060704 letter Marquez/WRC Engineer to Jessie G. Westcamp Revocable Living Trust 03/19/2002, changed address

    2006


    030406 Report of Licensee for 2003,2004,2005 ; 6 a-f June, 6 Jul, 2003 total 12; Jun 2, Jul 4, Aug 5, Sept 6 total 17 2004; Jul 5 Sept 6 total 11 2006; spilled each year; reservoir never emptied; irrigation 18 acres drip all 3 years; 200 goats 15 cows 2003, 250 goats 14 cows 2004, 300 goats 13 cows 2005; domestic 2 in 2003, 1 in 2004 & 5, .5 acres; conservation: drip;

    2009


    031009 F fax cover Report of Licensee for 2006,2007,2008 ;
  • 031009 Report of Licensee for 2006,2007,2008 ; faxed; 7 a-f Aug 6 a-f Sep 13 a-f total 2006; 4 a-f May 2 a-f Jun 6 a-f Jul 4 a-f Aug 16 a-f total 2007; 7 a-f Aug 4 a-f Oct 11 a-f total 2008; spilled all 3 years, never emptied; 18 acres 2006 & 7, 0 2008; 300+ goats 2006, 14 cows 2007, 15 cows 2008; domestic 1 & yard trees; conservation: "Pump costs preclude much use - leaf mulch on yard, drip system for olives '86 & '87; "#7 We pump some water in the fall in case of drouth the following year.,...#9 18 acres of olives abandoned (temporary, I hope) 2008)"


    [So, do the charges for these reservoirs duplicate the charges within SCWD #A25261?]
    Return to Stony Creek Water Wars.

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