THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley (06/08/2010)

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

SWRCB APPLICATION A026130 - Black Butte Land and Cattle Company Ltd. Part. Case Index

[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l011732%20a026130.pdf ]

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


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

[Inside of file front cover]

Applicant: Black Butte Land and Cattle Company, Ltd. Part.
Address: c/o Anthony Caruso, 2639 Bridgeport Way, Sacramento, CA 95826

Permit to be Issued Before 05/16/1981 Unless Protested
Application 26130 Permit 18298 License 11732
Applicant: Black Butte Land and Cattle Company, Ltd. Part.
Date Filed 11/14/1979 County No. 52 Fee $10.00
Forms Sent 10/24/1980 8, 8a, 8b

Protests:
[none listed, OUWUA in file]

Remarks
  • 011281 Statement of Posting Notice Rec'd
  • 070281 Permit 18298 issued
  • 072584 Order Approving Change in Permit Terms
  • 100384 Report of Insp
  • 031185 License 11732 issued

    Record of Fees
  • 111479 Ap $10.00
  • 070181 Permit $10.00

    [Inside of file back cover]

    Progress Record
    Spot Map & draft Flex Card: Rjus [?] 121079
    U.S. Govt. - Located in: No
    In Adjudicated Area: No [wrong!]
    Watermaster Area: No [wrong!]
    Critical Watershed: Sacramento R.
    Other Rights: No
    Dam Safety: Yes
    Environ. Rpt.: Exempt
    Conduit capacity sufficient.: None
    Reference map - USGS Black Butte Dam 7-1/2' Folio E p. 46


    LOOSE PAPERS IN BACK OF FILE;

    020685 License Map, on part of USGS Black Butte Dam Quad, POD SE 1/4 NW 1/4 S29 T23N R4W MDB & M
    103179 F Map to Accompany Application No. 26130 by Black Butte Land and Cattle Co., Ltd. Partnership for Appropriation of Water form Unnamed Stream, Tehama County, California, James C. Hanson, Consulting Civil Engineer, A Corporation, 921 Eleventh Street, Suite 400, Sacramento, California; Location Map - reservoir in middle of 6 sections; Plan of Reservoir, "Topoigraphy from Survey by California State Dept of Water Resources, Div. of Safety of Dams, dated November, 1977; Area-Capacity Curves;

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

    1979


    111479 F Application to Appropriate Unappropriated Water; unnamed stream trib to North Fork Stony Creek thence [no]; dries up July to first rains; POD S 1550' & E 1850' from NW corner S29 T23N R4W MD, POD within SE 1/4 NW 1/4 S29 T23N R4W; Tehama County; stockwatering; 90 A-f/annually 11/01 - 04/30; 1000 head: 700 sheep, 300 cows; 20' high, earth, 300' long, 4' freeboard, 11.5 surface acres, 90 a-f capacity; completed 1950; nearest P.O. Orland; downstream, "see records of SWRCB"; does not claim an existing right "by storage";
  • Environmental Information, APN 85-230-03, Agricultural 40 zoning; black bass, catfish,
  • UNDATED inked in on SWRCB form including 4-section USGS topo
  • 111479 slip ap & fee received $10.00; Stream code 0-130-00-00-8, map code E 46, Quad Black Butte Dam

    111479 form letter Campos/Div WRights to Black Butte Land & Cattle Co.; Ap received & assigned #26130, fee $10.00, received.

    1980


    043080 Justification of Amount; G. R. Peterson; by stock, 300 cows at 15 gpd = 4500 gpd, 700 sheep at 1.5 gpd = 1050 gpd, total 5550 gpd, (5550 gpd/646,317) * 1.98 * 3665 = 6.2 AFA; Evaporation 51 inches at Red Bluff from DWR Bulletin No. 113-3; (map) 8.5 acres x 51/12 = 36 AF at elev 95, 4.8 acres x 51/12 = 20 af at elev 90, total 56, "Ave" = 28 AF, seepage unknown; "Capacity at Elev. 90 = 35 Acre Feet"
    030780 Memo Peterson/Applications Unit to Calif. Reg. WQCB Central Valley; CEQA Review, inform if "project does not conform to the existing Water Quality Control Plan in your region or if you believe issuance of waste discharge requirements will be necessary;" no response in 10 days, assume OK.
  • 030780 Memo Peterson/Applications Unit to Tehama County Planning Commission; CEQA review, 10 days to tell us if the project does not conform to existing county or other local plans, zones and regulations, and has and will obtain all necessary county and other local permits and approvals, that you do not with to become lead agency, & know of no reasoun SWRCB should not issue a Notice of Exemption
  • 030780 Memo Peterson/Applications Unit to CDFG; 10 days to inform us if project does not conform to the Fish and Game Code, & "not expected to substantially reduce the habitat of a Fish or Wildlife Species or cause a fish or wildlife population to drop below self-sustaining levels."
  • 030780 Memo Peterson/Applications Unit to Division of Safety of Dams; info on Dam, 90 AF, 20' high, 300' long, 4' freeboard, earth, 11.5 acres area, construction is complete
  • UNDATED Checklist for Class 4 Exempt Applications

    031180 Request for Cultural Resources Evaluation; "Requesting water right on 90 ac-ft earth dam constructed in 1950"; "No historical resources..."
    050580 letter Peterson/Application Unit to Caruso/Black Butte Land & Cattle Co.; you applied for 90 a-f, your entineer's map shows 77.6 a-f, justify excess or we will reduce to 77.6 a-f; complete para 5d: type of recreation, private, or public without charge?; 23 CAC 657.2 provides reasonable limits for stock ponds & requries justification for ponds over 25 a-f; larger private recreational reservoirs require the term:
    This permit is subject to any right subsequently acquired to appropriate water for a more reasonable or higher beneficial use as determined by the State Water Resources Control Board after notice to the permittee and opportunity to the permittee for hearing before the Board on the issue of comparable reasonableness and beneficial use of the water.

    - carry-over need may justify size, else you may wish to proceed with the quoted term; 60 days to amend else cancel; a letter amendment OK

    050780 letter Caruso/Black Butte to Peterson/Div Wrights; amend to: 1) 77.6 a-f, 2) recreation of boating, swimming & fishing by owners, tenants, and guests, 3) "The farming lessee anticipates grazing about 1000 head of sheep on a continuous basis. There is concern that the reservoir will not fill every year because the watershed is small and the runoff in some years is only nominal (the watershed is contained entirely within the boundaries of the ranch and fills largely from sheet flow and partially from a small gulch)." "It is difficult to equate the annual stockwatering requirement to an amount to be appropriated because of the variation in rainfall. However, a reasonable estimate would be that two years carry over is required. [para] If in your opinion the reservoir storage amount cannot be justified on the basis of the information submitted in this letter, then the special permit clause stated in your letter would seem to be a reasonable condition of any permit issued." "reservoir has been in existence for about 30 years and has been used for various purposes during that time."
    051680 form letter Peterson/Div WRights to Caruso; ap complete
    102480 form Instructions to Applicant; post by 11/13/1980 , statement of posting by 12/03/1980
    102480 Mailing List for Application 26130; extensive
    110480 return receipt cards
    102480 Notice of Application to Appropriate Water and Preparation of a Notice of Exemption
    102480 Notice to Postmaster; please post
    111279 New Application Route Slip

    103180 Protest; OUWUA; injury note 1; claimed right note 2; protestant's past use note 3; dismissal conditions: "None - No Water Rights Available, do [sic] to Angle Decree. If for any reason State Water Resources Control Board grants this permit, we request that you refer to Note No. (4) to be as follows.
    Exhibit "A"
    "Note No. 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 No. 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. District Court dated 01/13/1930

    "Note No. 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" 01/13/1930 ", 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 N. 30', to which decree reference is hereby made for further particulars with reference to such water rights. The protestants [sic, no apostrophe] 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 on [sic] 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."

    Note 4 [para]
    1. Water appropriated under this permit shall be collected from December 1 to March 15 of the succeeding year.
    2. During any water year in which Stony Gorge Reservoir does not collect its authorized diversion because of inadequated [sic] inflow and if, in the absence of permittee's diversion, hydraulic continuity would exist between permittee's diversion point and Stony Gorge Reservoir, permittee shall open his diversion works and allow any water collected during the current season to flow downstream. Nothing in this term however shall preclude permittee from retaining water collected during previous water years.
    3. 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 in order that water entering the reservoir which is not authorized for appropriation under this permit may be released.
    4. Permittee shall install and maintain in his reservoir a staff gauge meeting the approval of the state water resources control board for the purpose of determining water levels in the reservoir. Permittee shall supply the staff gauge reading on or about October 1 of each year, verified by protestant U.S. Bureau of Reclamation [sic, wrong protestant] of [sic, s/b "or"] its designated representative, to the State Water Resources Control board.
    5. Permittee shall allow protestant U.S. Bureau of Reclamation [sic] of [sic, s/b/ "or"] its designated representative reasonable access to the reservoir for the purpose of determining whether or not water should be released in accordance with this condition. In no event shall permittee be obligated to release water below the previous October staff gauge reading."
    [from what ap? something above Stony Gorge?]

    111880 letter Holtry/Hearing Unit 1 to Shumway/OUWUA; "Information in our files indicates that the Association normally only uses contract water from the Stony Gorge and East Park Reservoirs. Although this water iS passed through Black Butte Reservoir to serve Orland users, the source of water is the Stony Creek watershed upstream from Stony Gorge Dam. [para] Since the Black Butte Project does not normally provide water to the Orland Users, it would appear that the Association has no basis to protest applications from tributaries to Stony Creek downstream of Stony Gorge Dam. [para] Therefore, your protest against Application 26247 [eh? this is 26130, 26247 is on Elk Creek] is not accepted." [& the reasoning is wrong.]
    112480 letter Minasian/attys to Holtry/Div WRights; "your letter of" 11/18/1980. "This letter may arise from a misunderstanding in regard to the rights to water possessed for beneficial use within the Orland Unit. I am including a copy of a portion of the Angle Decree, United States District Court, Northern District of California Equity No. 30 which I believe you will find in your records. that portion of the Decree refers to not only the rights to store water in Stony Creek and East Park Reservoirs for the benefit of the Project, but also a pre-1914 Appropriative Right to 269 cubic feet per second of natural flow. Since the point of diversion of the Orland Unit Water Users is below the point at which the proposed application would be diverted, we believe that the Orland Unit does in fact have a proper status for protest in this matter."
  • Angle Decree, pp. 137 - 142
    120380 letter Holtry/Hearing Unit 1 to Caruso; "enclosed letter has been received from Paul R. Minasian, attorney for" OUWUA. "If you reduce your season to December 1 to March 15, your collection season would not conflict with the Association's pre-1914 appropriate [sic] right, and their protest would not need to be accepted. If you do not wish to reduce your season, we will accept their protest, and the matter can be resolved through our hearing process. [para] In any case, the following term, required for reservoirs impounding more than 25 acre-feet of water in critical watersheds, would be included in your permit:
    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 Resources Control Board, in order that water entering the reservoir which is not authorized for appropriation under this permit may be released.

    - let us know ASAP if reducing your collection season is OK

    121880 letter Caruso/Black Butte to Holtry/Div WRights; understand modifying deversion season would eliminate conflict with OUWUA, amend ap to 12/01 - 03/15
    122980 letter Baskett [?] Reclamation to Pettit/Div WRights; per our review "diversion point is on an unnamed stream tributary to Stony Creek below Black Butte Reservoir rather than on a tributary to the North Fork of Stony Creek. We assume any permit issued purusant to application 26130 will include Standard permit Term 23 since the Application is subject to the existing rights determined by the Angle Decree" etc.

    1981


    010981 letter Holtry/Hearing Unit 2 to USW & PRS, you are correct on POD, we are correcting our file; "In regard to Term 23, the applicant has reduced its storage season to December 1 to March 15. Since this season would not conflict with the rights outlined in the Angle decree [wrong], we do not believe Term 23 would be appropriate in this case...."
    010981 letter Holtry/Hearing Unit 2 to Minasian/OUWUA atty; applicant reduced "storage season to December 2 to March 15. It appears that reduced season would not conflict with the rights outlined in the Angle decree." comments within 20 days;
    110580 Statement of Posting Notice; William Slaven on behalf of applicant; 1) gate north of reservoir on Newville Road; 2) Fence leading to reservoir [one public, one private?]
  • 102480 Notice of Application to Appropriate Water and Preparation of a Notice of Exemption; another copy

    052981 memo Walsh/Div WRights to Johnson/Sect'y for Resources; transmit notice of Exemption including 26130
    060381 form letter DuPuis/Div WRights to Caruso/Black Butte; ap approved, $10.00 ASAP
    111479 F Application to Appropriate Unappropriated Water; work copy changed to 77.6 af, 1000 head of sheep, total 1300 head; listing types of recreation;
  • Supplement to Application
  • Environmental Information
  • map on 4 sections plus margins of USGS quad, reservoir, etc.

    052781 Notice of Exemption Pursuant to Section 21108 Public Resources Code;
    020481 Check for Permit
    020681 Staff Recommendation Re: Issuance of Water Right Permit
    070281 Permit for Diversion and Use of Water #18298;
    070281 letter Sabiston/Div WRights to Caruso/Black Butte; permit enclosed, etc.

    1982


    031582 Progress Report by Permittee for 1981; planned work, "Modify spillway and install siphon outlet. $20,000." estimated by 10/04/1982, 5% remains to be done; stockwatering 1000 sheep & cattle; used May - Oct;
    102282 Progress Report by Permittee for 1982; ditto, but 95% remains to be done; 1000 head, May - Oct;

    1984


    060784 Progress Report by Permittee for 1981; 1000 head sheep & cattle, May - Oct;
    072584 Order Approving a Change in Permit Terms; Decision 1594 11/17/1983 & WR 84-2 amending it 02/01/1984, "set forth changes to be made in permits containing Standard Water Right Permit Term 80." which are deleted, & 91 deleted; 80, reserves jurisdiction on season; 91, no diversion when diversion needed for SWP or CVP exports or fish mitigation?
    072584 form letter Webb/Extension, Change & Compliance Unit to Permittees w/Term 80;
    080784 Progress Report by Permittee for 1981; 1000 head sheep; May - Oct
    120384 Report of Inspection; W. Bourez w/V. Whitney, interviewed Anthony Caruso; "Spillway has been lowered 3.0 feet; Capacity now 48 acre feet based on area capacity curve from E-map; 48 af, "Survey by DWR, safety of Dam" "The spillway was lowered so the capacity of the reservoir would be less than, 50 acre-feet, and would no longer be within jurisdiction of Safety of Dams. The elevation was confirmed by mreasurements taken at the filed investigation." [to p. 2] "no dead storage" [to p. 3] [to p. 4] "Measurements made on"10/03/1984 "by M. Bourez and V. Whitney and survey by DWR Safety of Dams which was submitted by applicant as requirement for "B" maps."
  • 120384 cross section diagram of dam;
  • 112984 map on Div WRights 4-section USGS quad with margins, POD 1850' E & 1550' S of NW corner S29 T23N R4W MDB & M; stream thence to large pools below Black Butte Dam, north pool, center pool, southern afterbay pool on Stony Creek

    101084 letter Doody/Div Safety of Dams to Caruso/Black Butte; Re. Houghton Dam and Reservoir No. 1262; spillway lowered below our minimum jurisdiction
    123084 Request for License
    070281 Permit for Diversion and Use of Water; another copy

    1985


    020585 Check for License
    030585 Staff ecommendation Re: Issuance of Water Right License and any Associated Petition for Changes or Extension to Cover Year of Maximum Use;
    031185 License for Diversion and Use of Water;
  • 020685 map on Div WRights form 6 sections plus margins, POU/POD

    031185 License for Diversion and Use of Water; recorded copy
  • 031485 certification of License

    1991


    040491 Report of Licensee for 1988, 1989, 1990; used every month except Apr - Nov; spilled each year; up to 1000 head, cattle & sheep; fishing;

    1993


    122293 Report of Licensee for 1991, 1992, 1993; used every month except Apr - Nov; spilled each year; up to 1000 head, cattle & sheep; fishing;

    1999


    022299 Report of Licensee for 1996, 1997, 1998; spilled each year; 5 - 6 feet down end of year, 200 - 300 head ; fishing;
    072584 Order Approving a Change in Permit Terms; Decision 1594 11/17/1983 & WR 84-2 amending it 02/01/1984; another copy

    2003


    123103 form letter Satkowski/Div WRights to Caruso/Black Butte; change in ownership from/to [?] Black Butte Land & Cattle Company;
  • 111303 form listing new owner, Anthony Caruso, proprietor

    2008


    022299 Report of Licensee for 2005, 2006, 2007; spilled each year; 5-6 feet down end of season; 300 sheep; fishing

    Return to Stony Creek Water Wars

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