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 A024136 - Antoinette L. Eames Case Index [see also 24089, 24090, 24091]
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l011506%20a024136.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 24136
Applicant: Alfred W. Eames, Jr. and Antoinette L. Eames
Date Filed 08/08/1972 Maps Filed 08/08/1972-A; County No. 11 (Glenn) Fee $10.00
Forms Sent 09/13/1977 - 8; 8a, 8b
  • 09/28/1977 - 8b

    Protests:
  • 10/19/1972 Bureau of Reclamation or Withdrawn 10/24/1973

    Remarks
  • 101772 Affidavit of Publication Received
  • 092574 Permit 16666 Issued
  • 051177 Rept. of Insp.
  • 092083 Contract between USBR & 4E Water District Rec'd
  • 051084 License 11506 issued
  • 030790 assigned to Antoinette L. Eames
  • 121902 assigned to Alfred W. Eames, IV / Alfred Warner Eames IV

    Fees:
  • 080772 Application $10.00, from Alfred W. Eames, Jr.--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 24089, 24090, 24091

    LOOSE PAPERS IN BACK OF FILE;

    041284 SWRCB map diversion on South Fork Elk Creek 528' west of line between S23 & S24, 4620' N of S line of those 2, dam & pump 2 a in S23 & 1A in S24, on Ivory Mill Road
    080872 F map on SWRB grid, mapped by "Mr. A. Lloyd Francis, Jr., USDA Soil Conservation Service, Willows, California 95988" 2 copies

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

    1972


    080872 Application to Appropriate Water, .078 cfs, 01/01 - 12/31, to "43,000-gal metal storage tank to be installed, from which water will be used for domestic, irrigation, and fire protection purposes, as well as for livestock watering." pump from "Offset well South Bank Elk Creek" pump 35 gpm, irrigate 3 acres: 2 orchard, 1 pasture; "Stockwater for 50 cows and water for 2 residences"; downstream diverters USBR, OUWUA; consulted CDFG, no effect on fish & wildlife;
  • 080772 note appended, new ap $10.00 received, 08/09/1972 OK to file Amaps [?] received
    080872 form letter Woodward/Div WRights to Eames, Ap 24136 received
    UNDATED form letter Woodward/Div WRights to Applicant re 24090, 24089. 24091 & 24136, post notice by 10/01/1972, file proof of posting by 10/13/1972
    091372 Notice of Applications to Appropriate Water, 24089 27 a-f reservoir in NE 1/4 of SE 1/4 S14 T20N R7W, from South Fork Elk Creek, Stockwatering, recreational & fire protection; 24090 1.9 a-f South Fork + 5.1 a-f McGill Creek to reservoir ; 2400 gpd from spring to 2.2 a-f/yr; 24136 .078 cfs from South Fork Elk Creek to 33 a-f/yr;
    UNDATED Notice to postmaster, please post

    100872 Protest Reclamation, "The entire flow of Stony Creek is required and is fully utilized during the irrigation season by the Orland Unit 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." claim right, "priority rights acquired in 1887 and 1888 and decree in United States District Court dated Janaury 13, 1930. (see other side)" "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." "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" [which is not downstream] Settlement terms: may divert if 1) Black Butte fills, 2) water exchange contract w/Reclamation in effect; outlet pipe, water quality, etc.

    120472 form letter Woodward/Div WRights to Pafford/Reclamation, protest accepted
    120472 letter Spencer/Supervising Engineer to Eames, protests received, answer by 12/18/1972, can extend for reasonable time for negotiations
    122272 letter Spencer/Supervising Engineer to Eames, not received your answer to Reclamation protest

    1973


    011773 letter Spencer/Supervising Engineer to Geis and MacFarland/attys, received 12/28/1972 letter re 24091 & 24136, "should file written request for an extension to a definite date within which to form a district and to negotiate a contract with" Reclamation.
    011773 letter Spencer/Supervising Engineer to Roy MacFarland/attys, acknowledge & approve request to delay action on aps to 07/01/1973
    052973 Declaration of Applicant Regarding Other Rights to Use Water to Accompany Application 24136, form, checked "does not claim an existing right for the use of water sought by this application."
    052573 letter A.W. Eames, Jr./4E Eames Ranch Company to Spencer/SWRCB, form enclosed for the 4 aps; correcting some errors on 24090; ask for an exception to the new regs max depth of 16.5 feet, when Eames #3 built it was set for 18 feet per "ASC office in Willows which provided for a dam 21 feet high with a three-foot freeboard", completed.
    060673 form letter Spencer/Div WRights to Central Valley Region, SWRCB "now requires comments from the regional board in which a water right project is located prior to action on all unapproved water right applications....not received comments from you....enclose our standard questionnaire together with copies of the application and advertising notice to facilitate your response."
  • 070673 note thereon, phoned Reg 5, Mr. Crawford will look into the 1-G, Gary not in...."
    060673 form letter Spencer/Div WRights to Central Valley Region, another [return?] copy
  • 060673 questionnaire filled in
  • 080872 copy of Application to Appropriate Water
  • 091372 copy of Notice of Applications to Appropriate Water
    072473 letter Spencer/Div WRights to Eames, answers to Reclamation protest not received, should be submitted to this office & copy to protestant by 08/08/1973
    082173 form letter Spencer/Div WRights to MacFarland/atty, answer to Reclamation protest received
    091773 form letter Woodward/Div WRights to Applicants and Protestants, elect hearing or in lieu
    102473 letter Spencer/Div WRights to Forest Supervisor/Mendocino NF enclosed is copy of notice to appropriate on 24089,24090,24091,24136, point of diversion may lie within forest boundaries, appreciate comments
    102473 letter Spencer/Div WRights to MacFarland/atty, received your 10/01 letter & signed stip from Reclamation, & Reclamation 10/05 letter [copy in 1978 below] saying dismissal OK if condition added "only so long as a water exchange contract with...Reclamation is in effect with covers the full amount of water diverted during the period of March 15 to December 1 of each year. A copy of the contract shall be filed with the" SWRCB.; your 08/08 answer "implied the applicants would accept such a condition" so unless hear otherwise within 15 days, will dismiss the protest and adopt the condition
    110973 letter Meiscke/USForest Svc to Spencer/Div WRights , POD for Ap "24136 is on private land within the Forst boundary, and will not conflict with any of our land management proposals."

    1974


    011074 contact report Lorene Jackson/SWRCB contacted/by Paul Meischke/Resources Officer Mendocino National Forest, correction of 11/09/1973 letter, 24091 POD is on private land within the Forest Boundary, 24136 POD outside of the Forest [2 copies]
    011474 Environmental Impact Analysis of Project, checklist [out of date order]
    011574 contact report Lorene Jackson/SWRCB contacted/by Mr. Eames, "construction of all projects have been completed according to the terms schedule on the applications. [para] Cattle graze on over 2,000 acres of land and are watered at many locations on the land, including the three reservoirs in applications #24089, 24090. Cows are brought into the corral near the ranch house for periods of calving. Waste from the corral is cleared out periodically and there is no runoff from the area. [para] The ranch house is on a complete septic system. [para] Indian mounds have been reported in the area, but were not affected by any construction. [para] Only a minimal amount of water wll be used to irrigate the pasture & orchard. This will supplement water contracted from the formation of a Calif. Water District." [2 copies]
    011774 contact report Ray McFarland returned call from Lorene Jackson/SWRCB re: Eames contact; "There is no piping from reservoir A #24089/24090, these reservoirs usually dry up during the summer, unless there has been a particularly wet season. Applicant may plant bass in these ponds for his own recreational use. [para] The corral down at the ranch houses (150 yr old building & a new home under construction) will have only minimal use for calving & gathering for transport. These corrals will be cleared out when necessary & wastes used for fertilizzer. This entire region is mainly covered with brushy scrubs and grasses & is very dry during the warm summer & fall months. There will be no problem with runoff from the project." [2 copies]
    012274 contact report Lorene Jackson/SWRCB & Glenn County Public Health Dept. - "A septic tank permit was issued & approved by Jim Smith on" 06/01/1973 "for the new house on Eames Ranch. (The permit is under the name of Goldsmith, the contractor)." [2 copies]

    UNDATED Environmental Impact Analysis for Applications to Appropriate Water; "project is located in the lower hills a half mile east of the Mendocino National Forest, 4 miles west of Stony Gorge Reservoir. The source is an intermittent stream flowing through he point of diversion at an elevation of 1,160 feet. The land to be served with water is located along the Ivory Mill Road and South Fork Elk Creek. The Diamond M Ranch landstrip is located in a small valley a half mile south of the project....conifers on the upper hills....Nearest downstream diverters are the U.S. Bureau of Reclamation and the Orland Water Users Association about 4 miles away. [but check Angle Decree for rights on Elk Creek, South Fork, & McGill Creek?] Applicant has reported several Indian mounds in the area."

    021474 Staff Recommendation for Negative Declaration; "Findings which support a Negative Declaration
  • 1. The ranch houses are both on complete and separate septic tank systems and when working properly will have no adverse effect on water quallity.
  • 2. Stock graze on 2,000 acres and have access to several other water supplies. Cows are brought into a corral near the ranch houses for calving and gathering. The corral is cleaned out as necessary and the waste used as fertilizer. There is no runoff from the corral, consequently water quality in the area will not be adversely affected.
  • 3. Applicant has agreed to the following stipulation with the U.S. Bureau of Reclamation: 'Diversion of water under this permit is allowed only so long as a water exchange contract with the U.S. Bureau of Reclamation is in effect which covers the full amount of water diverted during the period of March 15 to December 1 of each year. A copy of the contract shall be filed with the State Water Resources Control Board.'
  • 4. Only a minimal amount of water will be used for irrigation. This will supplement water contracted from the formation of the California Water District with the Bureau of Reclamation. (mentioned in #3)
  • 5. The project was completed in 1972 and has been in use since then, so the project will not adversely affect sites of historical, archaeological, or cultural significance.
  • 6. No significant grading, changes in land use, or removal of natural vegetation will be required in order to implement the project.
  • 7. No adverse impacts on local governmental services, utilities, transportation, solid waste management, ambient air quality and noise levels, fish and wildlife, cultural values or esthetics are indicated."

    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 [typed segment of Findings]
    UNDATED Map page for Ap, showing state, USGS topo location, & diagram of project on quad grid
    UNDATED Environmental Impact Analysis for Applications to Appropriate Water [another copy]
    061974 work copy Negative Declaration [out of date sequence]
    062174 Notice of Intent, SWRCB to OPR
    062674 letter OPR to Dunham/WRCB reviews completed on 21 projects, no comments from any agencies
    070174 postcard SCH to Dunham/WRCB on 24136, 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 dated
    091874 letter Spencer/Supervising Engineer to Eames, Jr., Aps 24089, 24090, 24091, 24136 approved, permits ready, send $40 within 10 days

    080872 Application to Appropriate Water, work copy
    092574 Permit for Diversion and Use of Water, #16666; note attached re Reclamation Water Exchange Contract: "See term #13, Have you had any previous dealings with USBR on such a procedure." Ans: "I don't remember any. We have something like this in Shasta County. LCS" "Hopkins 934-4685 Willows" [Eames lawyer]
    030874 Check for Permit [out of date sequence]
    040874 Staff Recommendation for Water Right Permit
    092574 letter Spencer/Supervising Engineer to Eames, Jr., Aps 24089, 24090, 24091, 24136 permits enclosed

    1975


    120375 Progress Report by Permittee for 1975 , stockwatering 100; domestic 4-12 persons; fire protection; intake changed: "Intake moved farther upstream due to inadequate supply at original take-out point" [still on their land?] ; waste "Discharged into septic systems"

    1977


    012077 letter Eames to SWRCB, enclosed 1976 Progress Report
  • 012077 Progress Report by Permittee for 1976 , stockwatering 200; fishing; domestic 2-6 persons; fire protection; this year & after , no usage for Jul-Sept
    051177 Report of Inspection, C.H. Dabney; accompanied by Mrs. Edith - Mae Silvey, forelady of Ranch; W.M. Lely, Orland; & Mr. Eames; reason for inspection, time expired; "Hopkins, attorney, re USBR water exchange contract 3/1-12/1 934-4685 Willows"; annual use 6.8 a-f, all year, domestic, stockwatering, fire protection, 4/1-11/1 irrigation; no one measures flow, estimated minimum flow 15 gpm by pump; capacity of limiting section 12 gpm; 4E Ranch; "Water is pumped from a sump [where is CDFG permit for creating the sump annually? see dam below] through pipe to a booster pump thence to a 44,000 gallon storage tank thence pumped from tank to place of use -- small pasture, lawns, garden, houses, troughs. Irrigation is by sprinklers."; 3 acres, 25 head; 12 persons, 2 houses, full plumbing; average rate of use by direct diversion during maximum period 14,400 gpd, Summer, '75; Term #13 not complied with, Mr. Eames stated he will send in a copy of Reclamation contract or Reclamation waiver; all 3 pumps on one meter; [so where is the fishing?]
  • Calculation of Diversion during Maximum Season; "W/M Lely from Orland - Manufacturing Co. Installed the Distribution System, He stated he tested it and the discharge of the pump was 20 gpm. Mrs. Selvey said the pump is used at least half the time during maximum use - 10 gpm - 14,400 gpd; Domestic & Stock all year, 12 people * 50 gpd = 600 gpd; 25 head * 15 gpd = 375 gpd; total 975 gpd; irrigation 4/1 - 11/1 14,400 gpd - 975 gpd = 13,425 gpd., annual use 6.8 a-f; 6 troughs; concrete div. dam L=30', W=6', H=4' ; [if they moved the POD per 1975 progress report, was the new dam permitted? was CDFG permit required? fish barrier?]
  • Topo map with 4 places of use, Eames houses S 23; 24089 across South - Fork at N/E of S/E S14, 24090 #3 at mouth of canyon for McGill Creek NW of NE S14 & #4 at mouth of Bowman Canyon SW of NW S12;
  • 3 sets of photos: Dam/POD & pump back up in South Fork canyon; Selvey & Eames House; portion of POU leveled field below Selvey House;

    083177 letter Eames to Div WRights request for License. understand SWRCB "may periodically direct that we discharge water from our various holding facilities to accommodate downstream holders of prior water rights. This letter is to inform you that we have the means available to discharge water, and all directives shall be complied with."
    083177 Request for License, in inspector's hand, "thirteen thousand four hundred twenty-five (13,425) gallons per day to be diverted from April 1 to November 1 of each year for irrigation purpose and nine hundred seventy-five (975) gallons per day to be diverted from January 1 to December 31 of each year for domestic, stockwatering and fire protection purposes. The maximum amount diverted under this license shall not exceed 6.8 acre-feet per year."

    1978


    121478 letter Hopkins/atty [Geis, Meckfessel & Hopkins; Willows] to Dabney/SWRCB "After our several phone conversation [sic] of yesterday, I met with Jerry Fidler of the Bureau of Reclamation concerning the current status of the heretofore requested water service contract to be entered into between the Bureau of Recalamation and the 4-E Water District which is the district within which the applicant's property lies. A review of Mr. Fidler's file discloses that the processing of the 4-E Water District's request for a water service contract with the Bureau of Reclamation has lain dormant since Secretary of the Interior Andrus issued an order concerning the rules and regulations applicable to excess lands which has had the effect of preventing the Bureau from entering into any water service contracts. Therefore, to this point in time we are unable to comply with the requirements of Paragraph 13 of Permit No. 16666 issued on" 09/25/1974 ". However, I have been advised that there is some possibility that the Bureau may be able to expedite the approval of the 4-E Water District's permanent water service contract in light of the State's requirement for such a contract before the issuance of a license to Mr. Eames for the appropriation of water from the south fork of Elk Creek." Will do their best; [so, did they have to dump the excess land to get this piddling amount of water that should have been theirs all along?]
  • 121478 letter Hopkins/atty to Fidler/Reclamation, "request every consideration that the Bureau might give in expediting the approval of a water service contract so that Mr. and Mrs. Eames may secure their license for diversion of water."

    1979


    070679 letter Miller/Senior Engineer to Martin/Reclamation, ref 10/05/1973 letter on dismissal term, enclosed; 4-E Water District has requested a water service contract, will let you know the status of their request
  • 100573 copy letter Misten/Reclamation to Woodward/Div WRights , see 10/24/1973 letter above
    081479 letter Horton/Reclamation to Camps/Div Wrights, "The opening of negotiations with the 4-E Water Company is dependent upon the approval of a basis of negotiations to be submitted to the Commissioner for his review. If the basis of negotiations is approved, we will enter into negotiations leading to a contract for water service. Adequate time will be allotted for the observance of public participation procedures during the contract negotiation and preparation period. [para] While no impediment is anticipated in the above-described procedure, finalization of a contract is not expected in the near future. We are unable to estimate when such a contract may be executed." [is this a waiver of the dismissal term?]

    UNDATED handwritten note "Harold Niesen, P.O. Box 193, Elk Creek, CA 95939. Phone (916)968-5387
    101879 photo front page Willows Daily Journal Article, "Negotiations will consider maximum project water deliveries of approximately 195 acre-feet [typo? s/b 95?] to augment a base water supply of about 15 acre-feet per year....Contract may divert Elk Creek water" "The public is invited to observe all negotiating sessions held to discuss terms and conditions of the proposed water service contract. At completion of negotiations copies of the draft contract will be available for a 30-day public review and comment period. [para] Further information concerning the negotiation schedule and proposed contract is available by contacting Cindy Cowden, Division of Water and Power Resources Management, Bureau of Reclamation, 1800 Cottage Way, Sacramento, CA 95825, telephone: (916) 484-4540"

    1980


    013180 letter State Senator Ray Johnson to Pettit/Div WRights, - "Enclosed please find a copy of a letter, along with other pertinent information, I received from a constituent who owns a range cattle operation in Elk Creek, Glenn County. [para] The concern of the constituent, Mr. Harold Niesen, is that his family's livelihood stands to be jeopardized by the proposed diversion of water from Elk Creek by the 4-E Water District....Naturally I hope that Mr. Niesen's concern is given serious considerationd uring the discussion period. I also would appreciate a status report on the matter as far as it concerns your office."
  • 012580 letter Niesen to Tom Vortmann, "Per instructions from Lance Smith this a.m. I am forwarding a copy of my letter to Senator Johnson dated" 12/12/1979 "which has apparently been lost."
    - 121279 letter Niesen to Senator Johnson, "negotiations were underway - to increase the upstream diversion of water from Elk Creek, which runs through my ranch. This ranch, which I live on and operate, supports an average of 30 head of cattle that are dependent soley on natural resources, i.e., range grass and watershed. [para] The flow in the stream of Elk Creek drops steadily in late spring and is historically totally dry for one to two months. The operation of this ranch requires special attention because of this problem. Stock water is provided from a source normally used for domestic purposes. A severe reduction in normal use of the [? water requiring?] sale of calves ahead of schedule is sometimes necessary as it was in the drought years of 76/77. [para] The increase of diversion and associated extension of time period through the summer months would be devestating to my operation since any upstream diversion from April 1 through August would advance the date that the stream is totally dry and retard the date that normal flow is resumed. [para] I was not aware, nor apparently were my ancestors [uh, various Niesens in the Angle index], that any special action was necessary to protect the natural availability of this stock water, which involves no storage or diversionary operations, since cattle cross this stream regularly and have continual access to it. It was common knowledge that water development in this area in the early 1900's was to satisfy potential projects with natural flow through existing stream beds. Failure to act during the period of adjudication was doubtless based on the assumption that continued stock watering drectly from the streams would not be jeopardized. [para] I was aware that the applicant was using water from Elk Creek as necessary for domestic purposes. The diversion of increased quantities, particularly during the critical period, is intolerable. It would very likely put an end to the range cattle operation on this ranch, the best, if not the only, use that it is suited for."
    101879 photo front page Willows Daily Journal Article, "Contract may divert Elk Creek water" another copy
    020780 letter Martin/Reclamation to State Senator Ray Johnson ; - "Mr. Niesen has made us aware of his concern and we are examining the potential for a significant impact, which may occur in the future, on downstream water requirements. There are two upstream diverters above Mr. Niesen's holding which utilize the streamflow and thereby hasten the depletion of summer water available for downstream use. One of the diversions is made under an adjudicated water right with a priority rate of 1904 [Chas. H. Ridley, p. 129?] and the other diversion is made under an appropriative water right acquired from the State of California with a priority date of 1972 [this one?]. Unfortunately, the holding owned by Mr. Niesen is not covered by any type of recognized water right [see SWRCB 022080 letter below]. [para] We are negotiating with the 4-E Water District to supplement their appropriative water right during the irrigation season with Central Valley Project water from Black Butte Reservoir by exchange. This exchange of Central Valley Project water is in recognition of the Orland Project's prior water rights and will avoid infringement of those prior rights. [para] Culmination of negotiations with the District is near and we anticipate finalizing the contract in the near future. Both the State water Resources control Board, in issuance of the water right [page 2] and the Water and Power Resources Service have complied with all existing rules and regulations concerning this matter [except for the Angle Decree]. It appears that the concern of Mr. Niesen is an issue to be resolved between him and the 4-E Water District to which we will assist where possible." cc among others: Repr. Harold T. Johnson, D.C.
  • 013180 letter State Senator Ray Johnson to Martin/Reclamation, "whose range cattle operation stands to be jeopardized by the proposed diversion of water from Elk Creek by the 4E Water District...appreciate an update on the status of negotiations."
    - 012580 letter Niesen to Tom Vortmann, another copy
    - 121279 letter Niesen to Senator Johnson, another copy
    - 101879 photo front page Willows Daily Journal Article, 3rd copy
  • 020780 letter Martin/Reclamation to Harold C. Hiesen, received your 01/04/1980 letter transmitting a copy of your 12/08/79 letter to Congressman Harold T. Johnson, "We are concerned...will keep you informed of any future developments."
  • 010480 letter Niesen to Martin/Reclamation , discussion with Congressman Johnson on 01/02/1980 in Willows, who "suggested that I establish a record of my dissent with you. It was agreed that the enclosed letter to Congressman Johnson should suffice"
    - 120879 letter Niesen to Congressman Johnson [similar to 12/12/1979 - letter] "The ranch that I live on and operate is located in Western Glenn County in California. It consists of 225 acres, supports an averate of 30 head of cattle and is dependent solely upon ....."
    - - 101879 photo front page Willows Daily Journal Article, 4th copy

    022080 letter Pettit/Div WRights to Niesen, "The basis for diversions - contemplated in the newspaper article included with your letter is the application of Mr. and Mrs. Eames. They filed an application in August 1972. When the application was advertised, only one protest was received. This protest was withdrawn when the Eames agreed to buy water on an exchange basis from the U.S. Bureau of Reclamation, now U.S. Water and Power Resources Service (USWPRS). This would require that a water company be formed according to USWPRS rules. A permit was issued which allowed the Eames until December 1, 1976 to build their project and make full use of water. [para] An engineer from our office inspected the project and found the Eames use about one-fourth the amount they originally applied for. He recommended that after a contract with the USWPRS is completed they be granted a license for this amount, which is about 9-1/2 gallons per minute. [para] The watershed has been adjudicated in Federal court (Angle Decree) and except for winter direct diversion and storage of surplus water, or an exchange contract with the USWPRS, there are no new water rights available in Elk Creek. No water rights for your land were included in the Angle Decree.--(see Schedule C, Item 143 [Mrs. J.S. Manson, 226 acres; actually it appears he is subordinate to other upstream rights as well]). However, your right to water your stock from the stream during times when water is surplus to the needs of others was not destroyed. [para] Your best alternative would seem to be to apply to our Division of Water Rights for a Permit. I recommend that you consider including a storage reservoir and winter direct diversion for stockwatering. Such an application would probably be protested but it is likely that agreements could be reached by which a permit could be issued. [p. 2] You may wish to consider consulting a private attorney...."
    022180 letter Attwater/Regulation & Enforcement to State Senator - Johnson, status report; "Probably one of the major reasons for Mr. Niesen's concern is the amount of water discussed in the newspaper article about the proposed contract between 4-E Water District and the Water and Power Resources Service. The article contemplates a contract for 195 acre-feet per year. It is unlikely that the stream could provode that much water, at least without construction of a large storage reservoir. The pending Eames license, based on their actual use, would limit their diversions to 6.8 acre-feet per year. [p. 2] As our letter to Mr. Niesen indicates, the watershed was adjuciated in Federal court and no provision was made for use on the Niesen property. If Mr. Niesen decides to try to perfect an appropriative water right under procedures administered by this Board, agreements could probably be reached to resolve the uncertainty in his present situation...."

    1982


    030882 letter Okada/Permit & License Unit to Catino/Reclamation, "We are holding up any action on the above water right until a water exchange contract is enacted between your office and the 4-E Water District...."
    040882 letter Catino/Reclamation to Walsh/Div WRights, "Contract negotiations between 4-E Water District and the Bureau have been completed. The proposed contract has been furnished to 4-E for submittal to the District Securities Division...."
    041582 letter Okada/Permit & License Unit to Eames, upon execution of the Reclamation contract please furnish SWRCB a copy

    042182 letter Sexsmith/Hopkins atty to SWRCB, enclosed is 1981 Progress Report and Application for License
  • 020982 Progress Report by Permittee for 1981 200 head; fishing [where?]; domestic 2-6 persons, fire protection; Storage Tank drew down 2-1/2 - 3 feet; wastewater goes to evaporation & cattle use [?]
  • 042782 F request license be issued [date stamp with no year?]
    100482 contact report Shige Okada/Div WRights called Hopkins/atty, where is contract? ready to sign & will send copy as soon as.

    113082 letter Eames to SWRCB, enclosed is 1982 Progress Report and request for license;
  • 120282 F request license be issued [date stamp with no year?]
  • 112982 Progress Report by Permittee for 1982 ; 200 head; fishing ; domestic 2-6 people; fire protection; tank drawn down 2-1/2 to 3 feet by end of season;
    121082 letter Okada/Permits and License Unit to Eames ; cover letter requested license, send us contract first
    121582 letter Hopkins/atty to Okada/Permits and License Unit ; "recent enactment of the Reclamation Reform Act of 1982 has gotten in the way of the execution of the anticipated Water Service Contract." Even so, Cindy Cowden of the Bureau advises "we can still reasonably expect the execution of the Cotnract within the very near future."

    1983


    081883 letter Hopkins/atty to Okada/Permit & License Unit, contract executed, copy of Reclamation transmittal enclosed [uh, copy of the contract?], please issue license
  • 080883 letter Graham/Reclamation to Board/4E , enclosed fully executed copy of contract 3-07-20-W0312, plus 2 conformed copies
    091283 letter Okada/Permit & License Unit to Eames; will proceed with license, please send copy of contract
    091583 letter Carol Gray/Secretary, Hopkins to Okada/Div WRights, enclosed is copy of 4E & Reclamation contract;
  • 080583 Contract between the United States of America and the 4-E Water - District Providing for Project Water Service and Agreement on Diversion of Water; contract 3-07-20-W0312, contract to 03/31/2020; can require measurement of water; grants access to points of diversion & measuring equipment; don't mess with measuring equipment; access to books & records
    - Exhibit A Schedule of Monthly Diversions of Water; annual total, 95 a-f, 40 irrigable acres
    - Exhibit B Map of Contractor's Service Area -
    - 031983 Board of Directors 4-E Water District, Resolution Approving Contract for Permanent Water Service between the United States of America and 4E Water District; Ayes: Alfred W. Eames, Jr., Antoinette L. Eames, Alfred W. Eames, IV, Peter M. Eames and Anthony L. Eames
    092574 Permit for Diversion and Use of Water, another copy

    1984


    041284 map, Permit No. 16666 Ap 24136 POD & POU on topo [out of date sequence]
    041584 Check for License; "Term 10 dropped in accordance with Decision 1594" "Removed fire protection from amount clause per discussion with....[?]" "delineater or ANS picked up a correction in N-5 tie to POD to make it plot out on the stream. Used aerial photo from Stony Creek study to more precisely pinpoint P.O.U. Rather than show entire 80 ac as in Dabney's repost." [?]
    043084 Issuance of Water Right License and Any Associated Petition for Changes or Extension to Cover Year of Maximum Use
    051084 License for Diversion and Use of Water
    051084 License for Diversion and Use of Water, recorded copy

    1986


    121686 letter Eames to SWRCB, enclosed is annual report
    121686 Report of Licensee for 1984, 1985, 1986; end of season draw-down 2-1/2 to 3 feet; 200 cattle, 2-8 people domestic; fishing; fire protection

    1989


    121589 letter Eames to SWRCB, enclosed is annual report
    121589 Report of Licensee for 1987, 1988, 1989; end of season draw-down 2-1/2 to 3 feet; 200 cattle, 2-8 people domestic; fishing; fire protection

    1990


    030790 changing records to Antoinette L. Eames

    1993


    010493 Report of Licensee for 1990, 1991, 1992; end of season draw-down 2-1/2 to 3 feet; 150 cattle, 3-9 people domestic, 1990, 3-12, '91, 3-15 '92; fishing; fire protection; c/o Aldo J. Menchini, P.O. Box 2315, San Leandro, CA 94577

    1995


    032095 letter Menchini to SWRCB, enclosed is annual report
    032095 Report of Licensee for 1992, 1993, 1994; end of season draw-down 2-1/2 to 3 feet; 150 head; 3-12 people; fishing; fire protection

    1996


    061896 letter Menchini to SWRCB, enclosed is annual report
    032095 Report of Licensee for 1993, 1994, 1995; same

    2002


    121902 letter Long/WRC Engineer to Eames IV, Antoinette deceased, right passed to Alfred W. Eames IV & sister-in-law Mrs. Mary Alice Eames, changing records

    2003


    010703 Report of Licensee for 1999, 2000, 2001; now shows full year use; less than 120 head; 6-20 persons domestic; fire protection; "During July - Sept period water use is limited due to lack of supply. Domestic use is restrict and care taken to conserve"

    2004


    020604 letter Eames to Murphey/WRights Div, 3 completed reports enclosed, & change of ownership notification
  • 021104 F address change, to trusts
  • 021104 F Report of Licensee 2001,2002,2003 with address change, full year use [3 of these, different aps]
  • 021104 F Report of Licensee 2001,2002,2003 with address change, different copy, no Jul-Sept use; reservoir spilled each year; 3-5' end of season drawdown
  • 021104 F Report of Licensee 2001,2002,2003 with address change, 3rd copy
    030404 letter NeSmith/Complaint Unit to Eames , updated ownership record

    2009


    072009 Request for WRIMS Update, correct agent's name
  • 072209 Request to BOE for Action on Water Right Accounts; correct spelling of agent's name
  • 050709 Report of Licensee 2006,2007,2008; used water every month; 60 cattle; 6 persons; fire protection; conservation: reduction in domestic use by various means, & in garden area;

    Return to Stony Creek Water Wars.

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