THE STONY CREEK WATER WARS - Affidavit of W.W. Gatliff

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
Affidavit of W.W. Gatliff

[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.

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 Equity

In the District Court
of the United States in and
for the Northern Division of
the Northern District of
California.

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The United States of America
Plaintiff
vs
H.C. Angle, et al.
Defendants - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Affidavit of W.W. Gatliff

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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 Defendants
[end of cover]

IN THE DISTRICT COURT OF THE UNITED STATES
IN AND FOR THE NORTHERN DIVISION OF
THE NORTHERN DISTRICT OF CALIFORNIA.

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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, IRA GREEN, AUG. GOLLNICK, LEONARD GOLLNICK, JAMES HARMON, REUBEN HARTMAN, VOLNEY HAYTON, C.A. HINELINE, CHAS. JAEGER, JOHN JOHANSEN [sic], JOHN JOHANSEN, JR., J.E. KNIGHT, J.F. MALLON, G.W. MARKHAM, PRESTON MORRIS, WM. NIESEN, JAMES O'BRIEN, S.A. RALSTON, RAY SHIVELY? [sic] E.E. SMITH, JOHN H. SOETH, GEO. SOETH, FRED STRAWN, A.J. TRIPLETT, ABE L. TRIPLETT, FRANK TROXEL, F.W. TROXEL, LLOYD TROXEL, I.E. TRUE, J. VAN SCYOC, A.P. WAKEFIELD,

DEFENDANTS.

AFFIDAVIT OF
W.W. Gatliff
ON HEARING PRELIMINARY
INJUNCTION AND APPOINTMENT
AND AUTHORIZATON OF
WATER COMMISSIONER DURING
PENDENCY OF CAUSE.

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STATE OF CALIFORNIA )
COUNTY OF GLENN ) SS

Alvin Gollnick, being first duly sworn, deposes and says: That he is the owner of four hundred and eighty acres contiguous and reparian [sic] to Big Stoney Creek. That affiant has by means of an irrigating ditch appropriated water from Big Stoney Creek and applied the same on about fifty acres of affiant’s land for irrigation purposes; that said land thus irrigated is right along the bank of the main channel of Big Stoeny [sic] Creek; that affiant raises on the land thus irrigated valuable crops of fruit, alfalfa, corn and garden stuffs. That affiant in the year 1893 appropriated water unnder and pursuant to the laws of the State of California from Big Stoney Creek, a copy of which Notice of Appropriation are attached hereto and made a part hereof marked Exhibits A and B, that immediately after filing the said Notice of Appropriation and within ten

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days after the posting thereof did commence and did complete thereafter the [sic, duplicate text] did commence and did complete thereafter the construction of said ditch and as soon as constructed did apply the water to the land and has annually and each year since said time irrigated said fifty acres of said land; that said affiant is not now using more water than he did before the construction of plaintiff’s said reservoir; that said affiant’s land is of such a nature that it will not produce valuable crops unless irrigation water is applied thereto; that as soon as the land is irrigated and water put thereon, it immediately percolates through the land and runs back into the main channel of Stoney Creek; that during the time that affiant has owned said land Stoney Creek never has at any time gone dry in the summer season and there has always during all of said period been sufficient water in the main channel of Stoney Creek with which to supp1y affiant's land as well as that of his neighbors being irrigated from the waters of $toney Creek; that affiant is not now using in quantity any more water than he used during all of the years prior to the construction of said reservoir by plaintiff; that affiant knows this because a part of his ditch consists of a flume and said flume is no larger in capacity now than originally and carries no more water than it originally did; that is to say, before the construction of plaintiff's dam or reservoir. That affiant's land is such that if the application of irrigation water is taken from it that it would not produce crops, fruit trees or garden stuff; and by reason thereof affiant would be greatly and irreparably damaged; that affiant has thirty five head of cattle, six head of horses and 125 head of hogs and affiant depends upon the alfalfa produoed from the irrigated land to furnish feed for said stock, and if the water is shut off of said land, affiant would be short of feed and be compelled to dispose of all or a greater portion of his said

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stock as a sacrifice.

WEREPORE affiant prays that the injunction here prayed for be not granted and that no water commissioner be appointed and affiant will ever pray.

/s/ W.W. Gatliff

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

NOTICE OF APPROPRIATION

Notice is hereby given, That W.W. Gatliff of the County of Glenn, State of California, claims and appropriates the water f1owing in Stony Creek at a point touching the west side of the Northwest quarter of the North-west quarter of Section Twenty-two in Township Twenty North of Range six West, Mount Diablo Base and Meridian, in the County of Glenn, State of Ca1iforna, [sic] to the extent of Two Thousand inches measured and [sic] a four inch pressure. The purpose for which the above named claims said water is irrigation, and the place intended irrigaticn is the Northwest quarter of the Northwest quarter of Section Twenty-two and the South-west quarter of Section fifteen in Township twetny [sic] North range six west, Mt Diab1o base and Meridian and that the said W.W. Gatliff, intends to divert said waters to the extent above mentioned by means of Pump, Flume, ditch, and the size of said Flume and ditch will be and is five feet wide and Three feet deep.

Dated Willows, Cal September 14th 1892.

W.W. Gatliff.

Recorded at the request of W.W. Gatliff Sep 15th A.D. 1892 at 40 minutes past 1 O.clock P.M. in Book No 1 of Miscellaneous Records page 79 of Glenn County.

H.B. Sanders County Recorder

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Exhibit B

NOTICE OF APPROPRIATION

Notice is hereby given that W.W. Gatliff of the County of Glenn, State of California claims and appropriates the water flowing in Stony Creek at a point in the Bed of Stony Creek bearing North 77 [degrees] 06' East distant eleven hundred and sixty feet from the South West corner of the North West quarter of Section Twenty-seven in Township 20 North Range 6 West Mount Diablo Base and Meridian in the County of Glenn, State of California to the extent of Two Thousand inches measured under a four inch pressure. The purpose for which the above named claims said water is irrigation And the place of intended irrigation is the North West quarter of the North West quarter of Section Twenty-two and the South West quarter of Section Fifteen in Township Twenty North Range Six West Mt. Diablo Base and Meridian; And that the said W.W. Gatliff intends to divert said waters to the extent above mentioned by means of ditch and flume and the size of the said ditch and flume will be and is five feet wide and three feet deep

W.W. Gatliff

Dated Willows, Cal. June 5th 1893.

Recorded at request of W.W. Gatliff June 15, A.D. 1893 at 30 minutes pat [sic] 9 o'clock A.M. in Book 1 of Miscellaneous Records page 155 Records of Glenn County,

John H. Graves County Recorder.

[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