THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
AFFIDAVIT OF F.W. TROXEL

[A transcription of the document on file in the Angle Archives

Important because these affidavits were the first sworn response to Reclamation's suit, and Judge Van Fleet's ignoring them, as in not even reading them before issuing his injunction, set the tone for the rest of the litigation, as in the Court was there to support the government, not justice or equity.

These affidavits show signs of hasty preparation, which is understandable since their "very good neighors" were suddenly attacking their homes and livelihoods with a very short response time in a distant city court.

In straight text without elaborate formatting. Any editorial comments by me are contained within brackets, "[]", which you may delete easily after downloading the "page source" to your own editing software if your browser allows source downloading. ]

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No. 30 Eq

In the District Court of the
United States in and for the
Northern Division of the North-
ern District of California - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
THE UNITED STATES OF AMERICA,

Plaintiff,

vs.

H.C. Angle, A.M. Anderson, et al.,

Defendants.
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AFFIDAVIT OF F.W. TROXEL

FILED
At ____ o'clock and ____ Min ____ M
JUN 11 1918
Walter B. Maling, Clerk
By /s/ Thomas J. Franklin
Deputy Clerk - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

CLAUDE F. PURKITT
Attorney for ______________________________________
[end of cover]

IN THE DISTRICT COURT OF THE UNITED STATES

IN AND FOR THE NORTHERN DIVISION OF THE

NORTHERN DISTRICT OF CALIFORNIA


THE UNITED STATES OF AMERICA,
PLAINTIFF,

VS.

H.C. ANGLE, A.M. ANDERSON, A.C. BAYLEY, L. BEDFORD, JOHN BEDFORD, R.E. BLEVINS, I.L. FEIGHTNER, W.W. GATLIFF, JAMES HARMON, REUBEN HARTMAN, VOLNEY HAYTON, C.A. HINELINE, CHAS. JAEGER, JOHN JOHANNSEN, JOHN JOHANNSEN, JR., J.E. KNIGHT, J.F. MALLON, G.W. MARKHAM, PRESTON MORRIS, WM. NIESEN, JAMES O'BRIEN, S.A. RALSTON, RAY SHIVELY, E.E. SMITH, JOHN H. SOETH, GEO. SOETH, FRED STRAWN, A.J. TRIPLETT, FRANK TROXEL, I.E. TRUE, J. VAN SCYOC, A.P. WAKEFIELD, IRA GREEN, AUG. GOLLNICK, LEONARD GOLLNICK,

DEFENDANTS

AFFIDAVIT OF F.W. Troxel

ON HEARING PRELIMINARY
INJUNCTION AND APPOINT-
MENT, AND AUTHORIZATON OF
WATER COMMISSIONER DURING
PENDENCY OF CAUSE.

---------------------

STATE OF CALIFORNIA )
COUNTY OF GLENN ) SS.

F.W. TROXEL, being first duly sworn deposes and says, that he is one of the defendants named in the above entitled action, and in said action he is sued by the name of F.W. Troxel and Frank Troxel, but affiant is one and the same person.

That affiant and affiant's wife are the owner in fee simple of 250 acres and affiant and his mother are the owners jointly of 190 acres all of which land is contiguous and lies and is riparian to said Stony Creek, and Stony Creek runs through a part of the land and right along the side for one-fourth of a mile.

All of which land is situated in Township 20 North, Range 6 West, M.D.B. & M. Glenn County, California.

That affiant has under irrigation about 20 acres

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more or less and has said land planted to alfalfa which is irrigated by means of a ditch conveying water from Big Stony Creek, at a point further up the creek above affiant's land.

That said ditch has been in constant use by affiant and his predecessory [sic] for the past 40 years, and affiant and his predececessors have constantly each year during said time used about the same amount of water. That said ditch or portions of the ditch conveys the water by means of a flume and said flume will carry only the same amount of water now as it did when installed or replaced, at least 27 years ago. That affiant is not now using any more water on his said land than was used by affiant for many years prior to the construction of plaintiff's said reservoir. That said land irrigated is riparian to the creek and is owned as above said [set?] forth, that the water applied to said land immediately seeps through and perculates [sic] through and finds its way bank [sic] to Stony Creek. That a few hours after applying the water on the land by means of said ditch, water can be observed running back into the creek over the top of bed rock and under the land that has been irrigated, in other words, near the water's edge of the stream the surface of the earth has been washed away down to the bed rock, then by stepping back from the edge of the water in the stream you will observe the water creeping down over the top of the bed rock into the stream.

That it is not true that from the character of the land along Stony Creek, the water by reason of being applied to said land is wasted, except that of course it is naturally evaporated. That the whole formation of the country through which Stony Creek runs from plaintiff's dam as far South [sic] as the Grine Stone [sic] is under laid with bed rock and the land on the top of the bed rock is more or less shallow, and all irrigation water except

2.

that lost by natural evaporation applied on the land along said creek must eventually find its way back into the main channel.

That defendants land is of such nature that if not irrigated constantly the crops of alfalfa now groing thereon would be destroyed and lost, because of the sandy, gravely nature of the soil, and being of a shallow depth. That in addition to the users [sic] of water by defendant and his predecessors aforesaid there is a water right filed and claimed by S.N. Green, a copy of which said claim is attached and marked Exhibit "A". That immediately after the filing of said water right in April, 1884, affiant's precedessor the said S.N. Green immediately commenced and did construct his ditch and appropriated the water mentioned in the claim to the extent of the capacity of the ditch and flume, and the same has been annually and constantly during summer season of the year been applied to the land, that at said time, Martha West, then one of the predecessors of defendant's land filed the continuation of said water right of said ditch, a copy of which is attached hereto and marked Exhibit "B".

WHEREFORE defendant prays that the injunction here sought by plaintiff be not granted.
And this defendant will ever pray.

/s/ F.W. Troxel

Subscribed and sworn to before me )
this 9th day of June 1918. )
/s/ Elma Knock
Notary Public in and for the County of Glenn, State of California.

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EXHIBIT "A"

PUBLIC NOTICE

Water Right )
of )
S.L. Green )

Notice is hereby given that I claim the water here flowing to the extent of 288 inches measured under a 4 inch pressure for the purpose of irrigating a certain piece of land being a part of the East half of Section 16 Township 20, Range 6 West containing twelve acres and intend to divert it by means of a ditch 3 feet wide and 1 foot deep. Beginning at a point of Rock in Stony Creek about 10 rods below Wm Straps mill Seat thence running down paralleled with the Creek to the place of intended use being about 25 rods

S.N. Green

dated the 11th day )
of April 1884 )

Filed for record at the request of S.N. Green this 22 day of April A.D. 1884 at 36 minutes past 8 o’clock A.M.

W.H. Miles, Co. Recorder

Recorded the 22d day of April 1884 in Book A Miscellaneous page 98, Records of Colusa County

W.H. Miles Recorder,

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EXHIBIT "B"

WATER NOTICE

Martha West

Dated April 18, 1884
Reeorded May 2, 1884
Book A Miscellaneous
Records page 99



EXTENSTION [sic] DITCH NOTICE

Notice is hereby given, I have this day located and claim for irrigation 288 inches of water, under 4 inch pressure. The water to be conveyed by ditch and flume from and of S.N. Green, said ditch being an extension of ditch taking water from Stony Creek, located and recorded by S.N. Green

"Martha West"

Dated Elk Creek, Colusa Co. this 18th day of April 1884.

[stationery imprinted:]
CLAUDE F. PURKITT
ATTORNEY AT LAW
WILLOWS, CALIFORNIA

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