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

[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 Eq

In the District Court of the
United States in and for the
Northern Division of the North-
ern District of California

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The United States of America
Plaintiff
vs.
H.C. Angle, et als.
Defendants - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
AFFIDAVIT OF J.H. SOETH

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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_______________
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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, E.E. SMITH, JOHN SOETH, GEO. SOETH, FRED E. 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
J.H. Soeth
ON HEARING PRELIMINARY
INJUNCTION AND APPOINTMENT AND
AUTHORIZATON OF WATER COM-
MISSIONER DURING PENDENCY OF
CAUSE.

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STATE OF CALIFORNIA )
COUNTY OF GLENN ) SS

J.H. Soeth, being first duly sworn deposes and says, that he is the owner of 4500 acres of land contiguous to and lying on both sides of Stony Creek, in Township 19 North, Range 6 West, M.D.B & M. in Glenn County.

That affiant has on about 40 acres of said land, lying adjacent to the creek bottom of Stony Creek, that he irrigates by means of ditch running from the main channel of Stony Creek to and unto the land, which land so owned by affiant and so irrigated is riparian to said Big Stony Creek.

That affiant has owned said land for 23 years last past, and affiant knows of his own knowledge for many many years

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prior to affiant owning said land, that the same was irrigated by means of the same ditch affiant now uses, the exact number of years being unknown to affiant, but on information and belief states the period to be 40 years, the said water has been put to a beneficial use on the land.

That affiant has now growing on said land so irrigated by him by means of said ditch, alfalfa and an orchard which constantly needs the application of the irrigation water thereto. That the said water used for domestic use depends upon the irrigation ditch being full of water to feed it as well as all live stock of affiant on said premises consisting of 186 head of horses and cattle and 100 head of hogs.

That the character of the land on which affiant and his predecessors have heretofore used water is of such nature that it needs constantly the application of irrigation water, it being of a sandy and gravely [sic] nature, and shallow lying on top of bed rock and from two to three feet deep. That without irrigation water thereon for a period of a week the same dries up, and if left dry for a period of one week the orchard and alfalfa crop would dry up and be lost to affiant, thereby greatly damaging affiant.

That affiant during the time he has owned said place, for the past 23 years has made a careful study of the soil and affiant asserts as a positive fact that it would be impossible for an orchard or the alfalfa crop growing thereon to live without the constant application of water during the summer season.

That affiant depends upon said alfalfa to produce hay with which to winter his stock and practically his cattle. [?] And if this Court injoined [sic] the application of water on said land in that way affiant would be greatly damaged and compelled to

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sell his stock at a sacrifice.

That in addition to the using of the water as aforesaid by affiant's predecessors and by affiant each year since he has owned said land affiant did in the year 1907 believing it would better secure his right for water, file and claim a water right thereon a copy of which water right is hereto attached and marked Exhibit "A", and made a part of this affidavit.

Affiant prays that this court do [sic] not grant this injunction requested by the plaintiff herein nor appoint a water commissioner asked for in the plaintiff's complaint. And affiant will ever pray.

/s/ J.H. Soeth

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.

Exhibit "A"

Notice of Water Location.

Know all men by these presents: That J.H. Soeth, has located and hereby claims the water flowing, or that may flow in Stony Creek in the County of Glenn, State of California, to the extent of 2000 inches to be measured under a four inch pressure at a point on the section line dividing Sections 26, 27, 34, and 35 in township 19 North, Range 6 West, running thence North two miles in a northerly direction through sections 26, 27, 22 and 23 in township 19 North, Range 6 West, M.D.B & M.

That the purpose for which said Soeth claims said water is to divert it from said creek, at said point on the bank of said Creek and to conduct the said water over and upon the East 1/2 of the Northeast 1/4 of Section 27; and the east 1/2 of the southeast 1/4 of Section 22; the west 1/2 of the southwest 1/4 of Section 23, and the west 1/2 of the northwest 1/4 of section 26, in township 19 north, range 6 west, M.D.B & M. and to use said water on said lands above described for irrigation and domestic purposes and for all purposes for which water may be used.

That the means by whicdh the said J.H. Soeth intends to divert said water for the purposes above set out, is through ditches of a sufficient depth and width to enable the said Soeth to take said water from the creek at said point, and with sufficient fall to enable said Soeth to convey the said water from said point through the lands above described.

That the said Soeth has caused to be posted at the above point of diversion a copy of this notice.

IN Witness Whereof, the said J.H. Soeth, has hereunto set his hand and seal this 21st day of January, 1907.

J.H. Soeth (Seal

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STATE OF CALIFORNIA )
COUNTY OF GLENN ) SS

On this 21st day of January in the year one thousand nine hundred and seven before A.J. Zumwalt, a Notary Public in and for the County of Glenn, personally appeared J.H. Soeth known to me to be the same person whose name is subscribed to the within instrument, and he duly acknowledged to me that he executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal at my office in the County of Glenn, the day and year in this certificate first above written.

A.J. Zumwalt
Notary Public in and for the County of Glenn, State of California.

Compared Indexed, Recorded at request of J.H. Soeth, Jan. 21st, A.D. 1907, at 5 minutes past 4 o'clock P.M. in Book 2 of Miscellaneous Records page 198 Records of Glenn County.

M. Golden, County Recorder.

E.S. Ball, Deputy Recorder,

Fee 70 cts. paid. W & C.

[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