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