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 A024811 - J.D. Spurlock Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l011177%20a024811.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]
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 24811 ( 24810, 19437, 19911, 19913 )
Applicant: J.D. Spurlock
Received 05/13/1975 Maps Filed 05/13/1975-A; County No. 11 (Glenn)
011576 Orland Unit Water Users Assn, Asnwered 020276, Dism or w/d,
010676 Affidavit of Publication Received
111676 Permit 16838 Issued
072181 Rept. of Insp.
031782 License 11177 issued
050184 assigned to David H. Wood Family Trust
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 24811 Spurlock within SE 1/4 NW 1/4 S11 T20N R6W MDB & M,
Elk Creek 7.5' quad; 1500' E 2000' S of NW corner S11, just east of the
Willows Road on its southward bend
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
072181 drawing of reservoir contour 16' high, 55' crest, 10' cross at
top, face 1' rise to 2' horizontal, inside 1' rise to 3' horizontal, 11' max
depth, 1.5 a-f, area ?? [survey referred to at 081081];
PAPERS "BOUND" IN FILE (re-sorted in date order):
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), 1.5 a-f/yr changed to 3, use within 30 acres; 2
reservoirs, 17' high, earth, 14' depth, 3' freeboard, half acre surface,
3 a-f capacity, cost $600, 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, 4-5% slope, "Soil Classification: Meyers [?]", erodability:
hi resistant; reseeding if necessary; livestock waste, but "no waste",
water for wildlife; "I need water in this area for better range
utilization and will provide water for wildlife in summer months"
050675 note appended, no fee; 050975 OK to file when $10 fee received,
total fee $20, on the way
UNDATED [unreadable date stamp] photo "Site of Reservoir #2" heavily
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 24811, $10.00 received
122275 Notice of Applications to Appropriate Water, 24810 [ 1 a-f]
& 11 [3 a-f]
121775 Notice to Postmaster, please post 24810 & 24811
121775 Instructions to Applicant post by 01/12/1976 & file proof by
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
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'
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
021176 letter Spencer/Supervising Engineer to Freeman/OUWUA, same as
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 agreeing to protest terms, your ap amended, now for
052876 letter Spencer/Supervising Engineer to DA/Glenn County, looking
for whether or not project complies with county or local building,
environmental review, etc. requirements, if don't hear in 20 days, assume
052876 letter Spencer/Supervising Engineer to Fisher/CDFG, please
advise if any objections
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  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
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)
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 1 foot below
spillway, emptied the reservoir; erosion: "Reseeding of area disturbed
(fill & borrow area)"; after use, water "discharged thru [?] livestock";
reuse: "non possible"; "our livestock numbers were down due to drought
conditions of preceeding [sic] years."
011480 Progress Report by Permittee for 1979 ; "construction complete,
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 1 foot below
spillway; erosion: "We do not overstock our livestock range therefore do
not have erosion problems" reuse: "returned to the range"
021181 Progress Report by Permittee for 1980 ; use Jan-May, & Dec.;
dry Apr - Nov; records; "could only relate to wildlife and livestock
consumption" [?]; erosion: "I do not overgraze the area"; reuse:
"recycled thru the livestock"
081081 Report of Inspection, by W.C. Smith; J.D. "Jerry" Spurlock
interviewed by telephone, time had expired; project complete, license
recommended, 1.5 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 availabgle 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
072181 map A24811 1950 S & 1350 E of NW corner S11; 24810 1600' E & -
650' S of same corner;
072181 photo looking downstream towards dam & Willows-Elk Creek Highway
080781 internal memo Okada/Div WRights to RWQCB, for WRQ review, if
no response in 30 days, will assume OK
080881 Request for License
081981 reply Crawford/RWQCB to Okada/Div WRights, waiver of RWQ term
110676 Permit for Diversion and Use of Water, another copy
UNDATED Request for License, work copy
020982 Check for License, "Permit term 16, because there are not findings
yet of the Board regarding availability of water in Sacto basin & Delta."
031082 Issuance of Water Right License and any Associated Petition for
Changes or Extension to Cover Year of Maximum Use, correct POD to actual
031782 License for Diversion and Use of Water
020382 map, POU/POD on topo -
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; 4' below spillway at max, did not empty, dried up in
summer time; erosion: "control of livestock overgrazing"; reuse: "recycled
thru the livestock"
032682 License for Diversion and Use of Water, recorded copy
020382 map, loose, part of recorded copy?
032582 SWRCB certificate true copy of the license
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 in 1984; other eoy 8' below spillway; 150 head cattle; deer water;
021288 Report of Licensee for 1985, 1986, 1987 ; spilled 85 & 86, no
collection 87 dry all year; 1986 emptied the reservoir, 85 9' below
spillway eoy; 70 cattle 85 & 86; none 87, no runoff dry all year;
011591 Report of Licensee for 1988, 1989, 1990 ; no spillage, empty
all 3 years, no stockwatering, "no water ran into this pond during the
3-year period. It was empty to start, and is empty now. No water was
available to use in any of these three years."
012094 Report of Licensee for 1991, 1992, 1993 ; no spillage 91 & 92,
spilled '93; dry all year 91, unknown 92; emptied 91 & 92, not 93;
dry eoy 91 & 92, down 5' 93; no stock 91, 100 cows 92 & 3; wildlife
water 92 & 3; after use, water is "distributed by cows after drinking";
"exact numbers of cattle are unknown - the land is currently rented out."
050795 Report of Licensee for 1992, 1993, 1994 ; spilled 92,3 & 4
[compare above]; emptied reservoir 92 & 3, not yet in 94; 50 cow/calf
each year; quail, deer, etc.
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; [s/b 3.5]
"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.)
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
031306 Report of Licensee for 2003, 2004, 2005; everything N/A ?
150 cows; conservation: "rotational grazing/riparian zones" [?]
050609 [F 031309] 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: "We have an intensive rotational grazing program including
exclosure [?] of reservoirs & seasonal creeks (riparian area & corridors)
also have extensive (well provided) livestock water to troughs thruout"
Return to Stony Creek Water Wars.
--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817