THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (12/08/2009)

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

SWRCB APPLICATION A024810 - J.D. Spurlock Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l011176%20a024810.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: David H. Wood Family Trust
Address: 955 Rd. 303, Elk Creek, CA 95939

Application 24810 ( 24811, 19437, 19911, 19913 )
Applicant: J.D. Spurlock
Received 05/13/1975 Maps Filed 05/13/1975-A; County No. 11 (Glenn) Fee $10.00
Forms Sent 12/22/1975 8, 8A , 8B

Protests:
  • 011576 Orland Unit Water Users Assn, Asnwered 020276, Dism or w/d, 030576

    Remarks
  • 010676 Affidavit of Publication Received
  • 111676 Permit 16837 Issued
  • 072181 Rept. of Insp.
  • 031782 License 11176 issued
  • 050184 assigned to David H. Wood Family Trust

    Fees:
  • 051375 $10.00 from J.D. Spurlock, P.O. Box 926, Willows, CA 95988

    [Inside of file back cover]

    UNDATED PROGRESS DATA; related Aps 24810, 19437, 19911, 19913
    In Adjudicated Area: "No"

    LOOSE PAPERS IN BACK OF FILE;

    052875 map 24810 Spurlock within NE 1/4 NW 1/4 S11 T20N R6W MDB & M, Elk Creek 7.5' quad; Dam #1 1500' E 750' S of NW corner S11, just east of the Willows Road on its southward bend
    020382 map 24810 Lic 11176 Spurlock within NE 1/4 NW 1/4 S11 T20N R6W MDB & M, Dam #1 1600' E 650' S of NW corner S11
    072181 drawing of reservoir contour 13' high, 130' [?] crest, 15' cross at top, freeboard 4.5', face 1' rise to 2' horizontal, inside 1' rise to 3' horizontal, 6' max depth, 0.3 a-f, area ?? , exaggerated spillway [survey referred to at 081081];

    envelope in back of file:
  • 031375 F map on SWRCB grid, Dam #1 750' S, #2, 2000' S, 2 copies
  • UNDATED, composite grid & quad, grid filled in, quad not, 2 copies

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

    [some of what is missing from 24811 is in this file]

    1975


    050575 Application to Appropriate Unappropriated Water, J.D. Spurlock, not claim existing right; unnamed natural hillside drainage, to Stony Creek thence Sacramento River; Diverters downstream, OUWUA, Reclamation (Black Butte Dam), use within 30 acres; 6' high, earth, 8' depth, 3' freeboard, third acre surface, 1 a-f capacity, cost $400, commence 08 or 09/1975 propose use winter 1975; 30 head of cattle; approval required by USDA Soil Conservation if funds available; stream dry Apr-Nov; anticipate max month diversion December 50% of flow; 90% returned to the stream [how?]; dirt fill from storage area, 1/2 acre, 4% slope, "Soil Classification: Myers [?]", erodability: hi resistant; reseeding if necessary; livestock waste, but "no waste", "this will provide water for wildlife in this area" "I can forsee no adverse effects. I need livestock water in this area for better range utilization and will provide water for summer months for wildlife habitat"
  • 050675 note appended, no fee; 050975 OK to file when $10 fee received, total fee $10 [why is 24811 $20?], on the way

    051375 F photo "Site of Reservoir #1" pretty meadow
    050975 contact report Ken Beyer/Div WRights & J.D. Spurlock, "Mr. Spurlock said that the direct diversion amount should be deleted from both aplications as there is not any actual direct diversion, only what the cattle will drink. [?? para] Based on the size of the reservoirs, as explained by Mr. Spurlock, the approximate capacities were determined to be about 3 acre-feet and 1 acre feet. He said that these amounts were approximately what he had determined as the capacity for the reservoirs. [para] The location of the reservoirs is as shown on the maps submitted with the applications. [para] Mr. Spurlock also stated that the property is not jointly owned for either application. [para] The land is not subdivided and they do not plan to subdivide it. He also said there would be no waste to be treated and no attempt to reclaim the water. Both applications are in Glenn County."
    050975 memo Spurlock to Div WRights, "Enclosed is checks for application fee in amount of $20.00 for dams #1 & #2. [para] As I wanted to build these dams this summer so we could utilize them for the 75-76 winter if you could expedite there [sic] processing, I would appreciate it very much,."`

    051275 form letter Rosenberger/Div Wrights to Spurlock, application cannot be accepted for filing until $10 received
    051275 form letter Rosenberger/Div Wrights to Spurlock, application accepted, assigned 24810, $10.00 received
  • 121775 Instructions to Applicant post by 01/12/1976 & file proof by 02/02/1976
    122275 Notice of Applications to Appropriate Water, 24810 [ 1 a-f] & 11 [3 a-f]
    Mailing List for Applications 24810 and 24811
    122275 Certified cards, Marjorie Spurlock, W.R. Dempsey [? OUWUA?]
    121775 Notice to Postmaster, please post 24810 & 24811

    1976


    010676 F Notice of Applications to Appropriate Water, 24810 & 24811
    010676 F note Spurlock to SWRCB, change of address
  • UNDATED note with instuctions attached to front
    010576 Statement of Posting Notice, Elk Creek P.O. (Yarwoods General Store), & bulletin board at Glenn County Court House, Willows, /s/ J.D. Spurlock

    011376 Protest, OUWUA to 24810 & 11, injury per Note 1, right to use per Note 2, use by protestant note 3; Diversion point located within
  • 1) NW 1/4 of SE 1/4 S35 T18N R7W [Rainbow]
  • 2) NW 1/4 of SE 1/4 S3 T17N R6W [East Park]
  • 3) NE 1/4 of SE 1/4 S16 T20N R6W [Stony Gorge]
  • 4) SW 1/4 of SW 1/4 S29 T23N R4W [SDD]
  • 5) NE 1/4 of NW 1/4 S1 T22N R4W [NDD]; protest conditions Note 4(b) on Exhibit A
  • Exhibit "A"
    - Note 1 "The entire flow of Stony Creek and all tributary streams in the Stony Creek water shed including all streams flowing into and out of East Park Reservoir and Stony Gorge Reservoir during each annual season at and near the point of proposed diversion is necessary and required and is fully utilized by this Association and its members as the holders of water rights within the boundaries of the Orland Project of the U.S. Bureau of Reclamation, except for certain riparian and appropriative rights which have already been established and fixed by judicial decree."
    - Note 2 "Priority Rights dated"
    - - 10/10/1906
    - - 10/11/1906
    - - 03/23/1910
    - - 03/25/1913
    - - 04/15/1864
    - - 01/27/1888
    - - 05/04/1897
    - - "and decree of U.S. Dist. Ct. dated" 01/13/1930.
    - Note 3 "The water rights of the U.S. of America with reference to the Orland Project and other landowners within the watershed of Stony Creek (including the predecessors in interest of the applicants) were adjudicated by Judicial Decree dated January 13, 1930, in the Northern Division of the U.S.District Court for the Northern District of California, Second Division, in the case of 'UNITED STATES OF AMERICA, Plaintiff vs. H.C. ANGLE, et al., Defendants, - in Equity No. 30', to which decree reference is hereby made for further particulars with reference to such water rights. The protestant, ORLAND UNIT WATER USERS' ASSOCIATION, is the successor in interest to the beneficial water rights of the U.S. of America as defined in said decree pursuant to a contract entered into between the U.S. of America and the ORLAND UNIT WATER USERS' ASSOCIATION, dated" 08/26/1954. "There are no other or additional waters in Stony Creek and its tributaries subject to appropriation during the irrigation season, or reservoir storage season at East Park Reservoir, at Stony Gorge Reservoir, at diversion dams and at tributary diversion dams, reservoirs and structures." [contrast Reclamation answer to Brownell in Ap. #2212; were you lying then, or are you lying now?]
    - Note 4 "(A) This protest may be disregarded and dismissed if the diversion season is limited to the period between December 1st of each year and March 15th of the following year. [or?]
    - - (B) This protest may be disregarded and dismissed if the State Water Rights board imposes the following conditions upon any license or permit to be granted:
    - - - 'Permittee shall 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 State Water Rights Board, in order that water entering the reservoir or collected in the reservoir during and after the current storage season may be released into the downstream channel to the extent necessary to satisfy downstream prior rights and/or to the extent that appropriation of said water is not authorized under this permit.
    - - - 'This permit does not authorize collection of water to storage during the period from about March 15 to about December 1 of each season to effect evaporation and seepage losses. [? sic]
    - - - 'Permittee shall allow representatives of the State Water Rights Board and other parties as may be authorized from time to time by said Board reasonable access to project works to determine compliance with the terms of this permit."

    012176 form letter Rosenbeger/Div WRights to Freeman/OUWUA, "your protest indicates that the basis of your claim of right to the use of water is other than a permit or license issued by this office." Anyone diverting required to file a "statement of water diversion" before 07/01 & thereafter every 3 years, if not filed you should & then we will know
    012176 form letter Spencer/Div WRights to Spurlock, a protest received, an answer due by 02/17/1976 w/copies to the protestant
    012776 to files from MLStretars, OUWUA cited several old rights other than the agreement with Reclamation; if so, they should file statements of such claims
    011376 Protest, OUWUA , another copy
    012976 letter Spurlock to Div WRights, "In order to satisfy the Orland Unit Water Users Asso. (protestant) on application No.s 24810 & 24811, I as the permittee agree to set the collection dates from about Dec. 1 to about Mar. 15 of the follwoing year. [para] I will provide a adequate [sic] siphon system in order that water collected in the reservoir before and after the storage season may be released to satisfy prior downstream rights. [para] I will upon request allow representatives of the State Water Rights Board and other parties as may be authorized from time to time by said Board reasonable access to the project works to determine compliance with the terms of this permit."
    012976 letter Spurlock to Emery, enclosed 2 copies of letter to comply w/OUWUA protest; hope allright, if not, please let him know.
    020276 letter Horton/Reclamation to Rosenberger/Div WRights, "assume that any permit issued pursuant to Applications 24810 and 24811 will contain permit clause 6a and, as in the past, the diversion season will be restricted to December 2 to March 15 in conformance with prior water rights in the Stony creek watershed. Therefore we will not file a protest against these applications. We would, however, like to reserve our right to protest Applications 24810 and 24811 if it is later determined by the Board or the applicant that the above conditions should not be included in any permit issue dpursuant to Applications 24810 and 24811." [is such a reservation valid?]
    020376 Cummings to G.R. Peterson & Files; 01/27/1976 "memorandum concludes that a statement should be filed on claims of old rights. [para] Statements should be filed only after water has been used. [para]" OUWUA "states that is used only purchased water. It appears that no statement of water diversion and use is necessary."
    021176 letter Spencer/Supervising Engineer to Martin/Reclamation, re Reclamation letter of 02/02/1976, applicant agreed to 3 terms: 0) amend diversion to 12/01-03/15; 1) in a year when inadequate Black Butte inflow, & hydraulic continuity would exist with Black Butte if Spurlocks' diversion were not there, open diversion works and allow water to flow, excluding previous years' water; 2) install an outlet pipe as near the bottom as possible; 3) once full, only to top it off, not full amount each year unless emptied for maintenance;
    021176 letter Spencer/Supervising Engineer to Freeman/OUWUA, same as Martin
    030576 letter Spencer/Supervising Engineer to Freeman/OUWUA, haven't heard from you within the 20 days, your protest dismissed, permits issued will include the quoted terms.
    030576 letter Spencer/Supervising Engineer to Spurlock, thanks for your 01/29/1976 letter with OK on OUWUA terms, Ap thus amended, now for environmental review
    042876 letter Spurlock to Byer/Div WRights "As you processed my other applications perhaps you can help me with these. [para] I want to apply for 6 dams, 5 of them built prior to 1969, one was built last summer, they are small stock-watering ponds 1/2 to 3 A.F. there [sic] flow is from an unnamed stream to Walker Creek thence to Sacramento River in Glenn Co. As far as I know there are no downstream diverters. [para] I have a couple of questions on the other dams. 1) I have no way of knowing the construction dates, probably about 1950, 2) No construction cost. [para] I recently had them surveyed by an engineer, to get the measurements, capacitys [sic] and legal descriptions. [para] Please send me the nessesary [sic] forms and any information you can think of."
    052676 letter Spencer/Div WRights to Spurlock "For the pond constructed after 1969, an appropriative water right is required and can be obtained throught he application-permit-license procedure. Forms and instructions are enclosed. [para] For the five other stockponds, you may estimate the date of construction as stated on the stockpond claim form. Construction cost information is not required. Enclosed are stockpond claim forms and the pamphlet entitled 'Water Code Sections and Regulations Pertaining to Water Rights for Stockponds Constructed Prior to 1969'. Please note on page 3, paragraph 2, that in addition to being constucted prior to 1969, the capacity must not exceed 10 acre-feet. For capacities in excess of 10 acre-feet, an application to appropriate water is normally required."
    052876 letter Spencer/Div WRights to Fisher/CDFG 24810 & 11, within 20 days if any objections
    052876 letter Spencer/Div WRights to DA/Glenn County, please advise within 20 days if not meet county or local requirements or if you have prepared environmental documents for these.
    060176 letter Maloney/Glenn DA to Spencer/Div WRights, forwarded letter to County Counsel, Charles H. Frost
    062276 memo to file D Peterson contact or by Gloria/Glenn Co. Planning Dept, "Spurlock property approximately 2 miles east of Elk Creek... Zoning -- agriculture, exclusive, 20 acre minimum lot size ( A-2 )... General plan - upland agriculture...Project is consistent with general plan & zoning ordinance. County planning has no use permit requirement or EIR requirement for this project."
    082376 Checklist for Exempt Application under [23] California Administrative Code Section 2714(c)(2); capacity less than 15 a-f; stockwatering, no unresolved protests; no CDFG written objections; exempt from CEQA under this code section
    101576 memo Rosenberger/Div WRights to Dedrick/Sec'ty for Resources, enclosed 18 notices of exemption
  • 101576 Notice of Exemption, 24811, categorical exemption class 4 section 15104
  • 080676 Environmental Impact Analysis
    101576 Spencer/Application Section to Rosenberger/Div Wrights, attached for sig, 18 notices of exemption reviewed at Workshop & to which there were no objections
    110276 letter Spencer/Supervising Engineer to Spurlock, 24810 & 11 approved, $20 within 10 days
    050575 Application to Appropriate Unappropriated Water, work copy
    030876 Check for Permit
    061076 Staff Recommendation Re: A request for Issuance of Water Right Permit, recommend exempt; Reclamation Black Butte term; no Division of Safety of Dams supervision
    111676 Permit for Diversion and Use of Water
    111676 letter Spencer/Supervising Engineer to Spurlock, permits enclosed 16837 (24810) and 16838 (24811)

    1978


    030278 Progress Report by Permittee for 1977 ; use of water has not commenced; source went dry; siltation: "I do not overgraze the area"; after use "range cattle recycle water used back to the range"; reclamation: "no reclaiming is possible under range conditions" "There was no runoff during 1977 due to the drought. No water was impounded." "records could only be related to the number of cattle using the impounded waters. The use by wildlife could only be estimated."
    111078 Progress Report by Permittee for 1978 ; used Jan-Apr; use not as great as expected; dry Apr-Nov.; did not spill, up to 2 feet below spillway, emptied the reservoir; erosion: "Reseeding of area disturbed (fill & borrow area)"; after use, water "discharged thru [?] livestock"; waste material: "livestock"; reuse: "non possible"; "our livestock numbers were down due to drought conditions of preceding years."

    1980


    011480 Progress Report by Permittee for 1979 ; construction complete, "construction done by bulldozer, cost n/a"; stock 100 head; water used by wildlife; use Jan-May, & Dec; use as expected; dry Apr - Nov; did not spill, 2 foot below spillway; erosion: "We do not overstock our range therefore do not have erosion problems" reuse: "returned to the range"

    1981


    021181 Progress Report by Permittee for 1980 ; use Jan-May, & Dec.; dry Apr - Nov; records; crossed off, "records [garbled] only be related to domestic" [?]; erosion: "I do not overgraze the area"; reuse: "recycled thru the livestock"; remarks: "records could only relate to wildlife and livestock consumption"

    081081 Report of Inspection, by W.C. Smith; J.D. "Jerry" Spurlock interviewed by telephone, time had expired; project complete, license recommended, 0.3 a-f/annum collected 12/01-03/15; minimum flow, after rains cease; manner of determining capacity: "Plane table/ Alidade survey area by planimeter and volume by average end-area method. survey in rear of folder. WCS" "runoff is collected in small onstream reservoir behind earthen dam. Cattle water directly from reservoir" "this is a typical stockpond" "Approximately 50 head of cattle water from the reservoir from December to May of each year" 24810 0.3 a-f, 24811 1.5 a-f "each wet year, last filled 1979-80"; "pond normally goes dry each year," "Mr. Spurlock is aware of the outlet pipe term and has both siphon and portable gasoline pump available to remove unauthorized water. Dam has no outlet pipe - too costly. Will send memo to RWQCB for degradation clause (A-24811 only)." [why?] Licensed Applications 19911, 19913, 19437 cover other nearby reservoirs, also owned by Spurlock family."
  • 072181 map A24810 650 S & 1600 E of NW corner S11
  • 072181 photo looking NW towards dam & Willows-Elk Creek Highway

    080881 Request for License
    110676 Permit #16837 for Diversion and Use of Water, another copy
    081881 F Request for License, work copy

    1982


    020982 Check for License, "The reservoir # has been deleted. I think this is appropriate since this permit covers only one reservoir."`
    031082 Issuance of Water Right License and any Associated Petition for Changes or Extension to Cover Year of Maximum Use, correct POD

    031782 License for Diversion and Use of Water
  • 020382 map, POU/POD on topo , 1 dam only

    022682 Progress Report by Permittee for 1981 ; construction completed 05/13/1975; stock 100 head; use Jan-May & Dec; use as great as expected; dry Apr-Nov; 3' below spillway at max, dried up in summer time; erosion: "control of livestock overgrazing"; reuse: "recycled thru the livestock"
    031782 License for Diversion and Use of Water, recorded copy
  • [no map]
  • 032582 SWRCB certificate true copy of the license

    1984


    050184 letter Armstrong/Permit & License Unit to Spurlock, per your phone, changed to David H. Wood Family Trust
    121284 Report of Licensee for 1982, 1983, 1984 ; spilled these years, emptied these years; 100 head cattle; wildlife water;

    1988


    021288 Report of Licensee for 1985, 1986, 1987 ; spilled 85 & 86, no collection 87 dry all year; 1986 emptied the reservoir, 85 8' below spillway eoy; 70 cattle 85 & 86; none 87, no runoff dry all year;

    1991


    011591 Report of Licensee for 1988, 1989, 1990 ; no spillage, empty all 3 years, no stockwatering, "no water ran into this pond during these 3 years. No water was used because this pond has been completely dry for the entire time period."

    1994


    012094 Report of Licensee for 1991, 1992, 1993 ; no spillage 91 & 92, spilled '93; dry end of each year, unknown feet down 91 & 92; emptied each year; no stock 91, 100 cows 92 & 3; "this pond collects some silt"; after use, water is "distributed by cattle"; "land is rented and exact numbers of cows are unknown " "In 1991 no water was collected"

    1995


    050795 Report of Licensee for 1992, 1993, 1994 ; spilled each year; emptied reservoir 92 & 3, not yet in 94; 35 cows each year;

    2000


    101600 letter Sheely/Environmental Review to Metz/Rangeland Mangement - Specialist, USDA Natural Resources Conservation Service, Willows, confirm 5 stockpond certificates for J.D. Spurlock,
  • 389 2.55 afa,
  • 390 2.88 afa,
  • 391 1.89 afa,
  • 392 1.74 afa,
  • 393 2.68 afa;
  • 24810 0.3 afa,
  • 24811 1.35 afa,
  • 25118 0.7 afa, [unnamed to Nye to Willow]
  • 19913 35 afa; "Our records show water rights for seven stockponds listed on the map. In total, six reservoirs marked as being owned by Mike and Kathy Landini appear to have no water rights associated with them...possible that the previous owner has a valid basis of right for each of the reservoirs (storage of wellwater, pre-1914 right with no statement of use submitted to SWRCB, etc.)

    2003


    071503 Report of Licensee for 2000, 2001, 2002; spilled each year, did not empty, eoy usually empty due to evaporation or leakage; 150 cows; conservation: "rotational grazing & lighter stocking rates"
    112603 F Address Change

    2006


    031306 Report of Licensee for 2003, 2004, 2005; everything N/A ? 150 cows; conservation: "rotational grazing/riparian zones" [?]

    2009


    030609 Report of Licensee for 2005, 2007, 2008; spill 06, no 07 & 08, 4' below spillway 07, empty 05; cows 150 06, 100 07, 75 08; conservation: "see 1st license"
    Return to Stony Creek Water Wars.

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