THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (11/23/2009)

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

SWRCB APPLICATION A024089 - Antoinette L. Eames Case Index [see also 24090, 24091, 24136]
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l010983%20a024089.pdf ]

[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: Antoinette L. Eames
Address: c/o Meckfessel & Hopkins, P.O. Box 1190, Willows, CA 95988

Application 24089
Applicant: Alfred W. Eames, Jr. and Antoinette L. Eames
Date Filed 06/15/1972 Maps Filed 06/15/1972-A; County No. 11 (Glenn) Fee $10.00
Forms Sent 09/13/1977 - 8, 8a, 8b
  • 09/28/1977 - 8b

    Protests:
  • [none]

    Remarks
  • 101772 Affidavit of Publication Received
  • 092574 Permit 16664 Issued
  • 060677 Rept. of Insp.
  • 040880 License 10983 issued
  • 040789 assigned to Antoinette L. Eames

    Fees:
  • 061572 Application $10.00, from Alfred W. Eames, Jr. & Antoinette L. Eames--P.O. Box 3575--San Francisco, CA 94119
  • 092374 Permit $10, from Mr. & Mrs. Alfred W. Eames, Jr., P.O. Box 3575, San Francisco, CA 94119

    [Inside of file back cover]

    UNDATED PROGRESS DATA; related Aps 24090, 20091 [sic, s/b 24091], 24136
    Special Terms "Outlet Pipe"

    LOOSE PAPERS IN BACK OF FILE;

    051178 SWRCB map diversion on unnamed stream 2nd north of South Fork Elk Creek in S14 & S15, Eames No. 1 Res, 2100' N, 500'W of S/E corner S14
    061572 F map on SWRB grid, mapped by "Mr. A. Lloyd Francis, Jr., USDA Soil Conservation Service, Willows, California 95988" 2 copies; s/w corner S14 spring, pipe to tank in S24; 3 pods shown NW S12 [24090 #2], N S14 [24090 #3], SE 14 [24089 #1], 2 copies
    072472 maps of 3 pods as above, 3 copies

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

    1972


    061572 Application to Appropriate Water, 27 a-f/a , 12/01 - 03/15, dam 20.2' high, 172' crest, 3.0' freeboard, earth; no diversion works; stockwatering, recreation, fish culture, fire protection; fishing, swimming and hunting for 10 persons 30 days per year. Stockwater for 100 cows for 8 months per year; disposal by evaporation & cattle use; helpful to both fish and wildlife
  • 061572 handwritten note on front, new application, $10 received; Ok to file
    061572 form letter Woodward/Div Wrights to [?], application received assigned 24089
    UNDATED form Instructions to Applicant, 24090, 24089, 24091, 24136, enclosed notice of application & statement of posting, post by 10/03/1972 & proof of posting by 10/13/1972
    091372 Notice of Applications to Appropriate Water , on 06/15/1972 & 08/08/1972 Eames applied, 24089 - reservoir; 24090 - reservoir; 24091 - spring ; 24136 from S. Fork Elk Creek;
    092972 Certified cards, DelMonte Corp, Retzloff
    UNDATED Notice to Postmaster for all 4 notices, please post
    UNDATED Instructions to Applicant, handwr: "Resent statement forms and New 8b to P.O. Box 3575 on 09/28/1972. H.E.W." Post by 10/18/1972 & proof by 11/08/1972
    101672 Statement of Posting Notice ; Roy G. MacFarland, atty, affixed copy to fence post north side of public r-o-w in S24; & to tree on South side of right-of-way
  • 091372 Notice of Applications to Appropriate Water , another copy

    1973


    031573 form letter Spencer/supervising engineer to ???, board requires comments from regional board on all projects in their area, no comment received from you on 24089, questionnaire enclosed
    031573 form letter Spencer/supervising engineer to ???, board requires comments from regional board... another copy
  • UNDATED Central Valley Regional Board No. 5, completed questionnaire, no impacts
  • 091372 Notice of Applications... 3rd copy
    042373 Certified Card, Del Monte
    052573 letter Eames Jr. to Spencer/Div WRights; forms enclosed, request exception on Eames #3 dam , you show 16.5' max depth, dam is completed and has an 18' depth, 21' height;
    052973 form Declaration of Applicant Regarding Other Rights to Use Water to Accompany Application 24089 , does not claim an existing right
    102473 letter Spencer/Supervising Engineer to Mendocino Forest Supervisor, appreciate comments on all 4 aps
    110973 letter Meischke/Forest Service to Spencer/Div WRights, POD on private land within forest boundary, no conflicts

    1974


    011474 Environmental Impact Analysis for Applications to Appropriate Water; CDFG contacted, no protest "The project site is not in an area where artifacts and structures of special cultural, archaeological, or historic value might be expected to be found." [unless you ask John Bidwell] [out of date sequence]
    011574 contact report Lorene Jackson/SWRCB contacted/by Mr. Eames, same as 24136 ; 2 copies
    011774 contact report Ray McFarland returned call from Lorene Jackson, ditto; copy & original
    012274 contact report Lorene Jackson/SWRCB & Glenn County Public Health Dept. ditto; copy & original
    UNDATED Environmental Impact Analysis for Applications to Appropriate Water: reservoir at head of stream, earthen dam 172 feet crest, 3' freeboard above spillway, surface 2.5 acres, capacity 27 a-f, completed 1969; at elev. 1180 feet; Indian mounds.(copy & original)
    021474 Staff Recommendation for Negative Declaration; "Findings which support a Negative Declaration: 1. Stock graze on about 2,000 acres and have access to various other water supplies. Wastes in the project area will not be of sufficient quantity and concentration to adversely effect [sic] the water quality. [para] 2. Dam construction was completed in 1969 and the reservoir in use since then, and there is no change in land use which could affect sites of archaeological and historical significance. [para] 3. No significant grading or removal of natural vegetation will be required in order to implement the project. [para] 4. No adverse impacts on local government services, utilities, transportation, solid waste management, ambient air quality and noise levels, fish and wildlife, or esthetics are indicated."
    030874 Check for Permit [out of date sequence]
    040474 Staff Recommendation for Water Right Permit [out of date sequence]
    061374 memo? from/to Robert H. Lewis, NegDecs & Declarations of Exempt Status Reviewed at Workshops, attached for signature, "no objection to the circulation of these documents for comments by other agencies and the public." [all 4 Eames aps]
    UNDATED mailing list, all 4 aps
    UNDATED Map page for Ap, showing state, USGS topo location, & diagram of project on quad grid
    061974 Negative Declaration for Review by Interested agencies and the Public [out of date sequence]
    062174 Notice of Intent, SWRCB to OPR
    072674 letter Kirkham/OPR to Dunham/WRCB reviews completed on 21 projects, no comments from any agencies
    070174 postcard SCH to Dunham/WRCB on 24089, will take 45 days for review [first they certify it, then they send out notice of the process?]
    070174 SWRCB form Notice of Determination, after review filed NegDec w/OPR
    082074 memo Rosenberger/Div WRights to Dendy/XO re NODs & NegDecs, attached for sig is t/l to the Resources Seretary on NODs & NegDecs
    082374 Dandy/SWRCB to Livermore/Resources Secty, t/l NODs & NegDecs for your files, 2 copies one undated
    091874 letter Spencer/Supervising Engineer to Eames, Jr., Aps 24089, 24090, 24091, 24136 approved, permits ready, send $40 within 10 days
    061572 Application to Appropriate Water, work copy, fish culture crossed off
    092574 Permit for Diversion and Use of Water, #16664
    092574 letter Spencer/Supervising Engineer to Eames Jr., 4 permits enclosed, after completion, inspection for licensing

    1975


    120475 letter Eames Jr., to SWRCB herewith Progress reports for 3 permits
  • 120375 Progress Report by Permittee for 1975; water 200 head; fishing; fire protection; source dry April - October; end of season 2-1/2 feet below spillway; after use to "evaporation and cattle use"

    1977


    070677 Report of Inspection; Dabney, with Mrs. Edith Mae Silvey, Ranch Forelady, & Mr. Eames; 22 a-f, not 27; fire tankers have access to the reservoir; "no outlet pipe. Permittee stated he would release water by some means when requested by the Board to satisfy permit term #11"; Capacity chart; Spillway Profile (on shale?); hand-drawn map, 97 acre drainage; map plan of storage area and dam site, contour interval 3 feet; scale 1"= 100 feet; borrow area within footprint plus up the side walls a bit; 3 sets of photos, dam & reservoir from w, reservoir from n/w; white coating around edges of reservoir, salt?
  • 072472 map, same as original of the 3 reservoir locations

    083177 letter Eames Jr., to Div WRights, enclosed request for license
  • 083177 Request for License
    092574 Permit for Diversion and Use of Water, #16664, another copy
    083177 Request for License, another copy

    1978


    062278 Check for License

    1978


    040380 Issuance of Water Right License and any Associated Petition for Changes or Extension to Cover Year of Maximum Use
    040880 License for Diversion and Use of Water, recorded
  • 040880 certificate of true copy of license

    1983


    012483 Report of Licensee for 1980, 1981, 1982; "use" X all months except July, Aug, Sept.; spilled every year; end of season draw-down 2-1/2 - 3 feet; 200 cattle; 2-8 people domestic; fishing; fire protection; waste discharged from septic tank to field; [using same answers on all 3 ap reports?]

    1986


    012186 letter Eames Jr. to SWRCB enclosed Reports
  • 012483 Report of Licensee for 1983, 1984, 1985; "use" X all months except July, Aug, Sept.; end of season draw-down 2-1/2 - 3 feet; 200 cattle; 2-8 people domestic; fishing; fire protection; [using same answers on all 3 ap reports?]

    1989


    021389 letter Aldo J. Menchini/Accountant to SWRCB enclosed Reports
  • 021389 Report of Licensee for 1986, 1987, 1988; "use" X all months except July, Aug, Sept.; end of season draw-down 2-1/2 - 3 feet; 200 cattle 150 head for 1985; 2-8 people domestic, 3-9 1985; fishing; fire protection; [using same answers on all 3 ap reports? not quite]
  • 021389 Report of Licensee for 1986, 1987, 1988 for 24090 [misfiled]; "use" X all months except July, Aug, Sept.; end of season draw-down 3 - 5 feet; 200 cattle, 150 1988; 2-8 people domestic, 3 - 9 1988; fishing; fire protection; [using same answers on all 3 ap reports? not quite]
    040789 letter McAnlis/Permit & License Unit to Antoinette L. Eames, changed records to show your name

    1992


    010692 Report of Licensee for 1989, 1990, 1991; all same as last report, except 1991 domestic 3-12 people

    1995


    031595 Report of Licensee for 1992, 1993, 1994;

    2004


    020604 letter Eames IV to Murphey/WRDiv, enclosed change of ownership, and 3 reports
  • 021104 F Report of Licensee for 2001, 2002, 2003, 3 copies of front page, 3 different Aps but same info
  • 020704 Assignment or Address Change form to Eames trusts
    030404 letter Nesmith/Complaint Unit to Eames Trusts, received your letter, updated records
    071804 letter Eames IV to SWRCB, "My Sister in Law, Mary Alice Eames, - and I are sole proprietors of the 4-E Ranch in the foothills outside of Elk Creek, California. The ranch consists of 1850+/- acres of typical rolling foothills; ie. oaks, native grasses, marginal soils, with two houses, barns, etc. [para] In the 30+ years we have owned and operated the ranch, we have barely broken even, as the ranch can only support 50-60 head of cattle year round due to either lack of water or lack of feed. Consequently, some years we make money, more years we don't. [para] Back in 1972, we perfected three water rights (licenses 10983, 10984, and 11506) to collect winter runoff and to provide stock watering, irrigation, and fire protection water. This year--out of the blue--comes what appears to be an annual charge to maintain these rights: $300 for all three licenses. In our situation, this is a high price to pay for stock watering ponds. The creek diversion is a necessity, but again, a high price. [para] Can't these piddling little licenses be grouped together rathern than charging $100 for each one? Shouldn't there be some kind of threshhold so that pothole resservoirs aren't charged the same amount as, say, the Los Angeles Water District?.... A.W. Eames" "P.S. In all of 2003 we paid $270 for water, $0 for water rights! [para] In 2004 we will pay $376 for water, $300 for water rights!"
    101804 letter Kassel/Hearings and Special Projects to Eames; "To the - extent your letter is intended as a petition for reconsideration, it is not considered a valid petition because it was mailed after Febrtuary 9, 2004, and it does not raise substantial issues related to the causes for reconsideration. Accordingly, the State Water Resources Control Board (SWRCB) will not reconsider assessment of the water right fees and your petition is dismissed." fee is sliding scale, 'greater of $100 or $0.03 per acre-foot based on the total annual amount of diversion' (cal Code Regs., tit. 23, Section 1066; To group, $1,000 per license to consider petition to merge, will be subjected to conditions most restrictive among the 3, and may require CEQA review. [doesn't this cast a pall on marginal range land and counter the legislature's purpose in designating stock pond ratios?]
  • 101804 certified mail receipt
  • 040880 License #10983 (Ap 24089) copy
  • 040880 License #10984 (Ap 24090) copy
  • 051084 License #11506 (Ap 24136) copy

    2009


    072209 Request for WRIMS update, change McFassel to Meckfessel
  • 072209 Request to BOE for Action on Water Right Accounts;
  • 050709 Report of Licensee for 2006, 2007, 2008 ; did not spill; 4-6 foot down at end of season; 30-80 cattle; 30-80 cattle, hunting and fishing, wildlife enhancement, fire protection;
    Return to Stony Creek Water Wars.

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