THE STONY CREEK WATER WARS - Affidavit of J.C. Johannsen

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

[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
Northern District of Calif-
ornia.

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The United States of America
Plaintiff
vs.
H.C. Angle, A.M. Anderson, et als.
Defendants - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Affidavit of J.C. Johannsen

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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_______________
[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, K.F. MALLON [sic], G.W. MARKHAM, PRESTON MORRIS, WM. NIESEN, JAMES O'BRIEN, S.A. RALSTON, RAY SIVELY [sic], E.E. SMITH, JOHN 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
J.C. Johannsen
ON HEARING PRELIMINARY
INJUNCTION AND APPOINTMENT
AND AUTHORIZATON OF WATER
COMMISSIONER DURING PENDENCY
OF CAUSE.

Q

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STATE OF CALIFORNIA )
COUNTY OF GLENN ) SS

J.C. Johannsen, being first duly sworn deposes and says, that he is one of the defendants in the above entitled action. That affiant is now farming the lands owned by his father on Stony Creek, and consists of 1018 acres and has farmed said land since the year 1912 under lease.

That affiant has on said place about 700 head of stock depending upon the irrigation ditch that takes water from Stony Creek, described in the affidavit of his father John Johannsen, presented herewith, for water.

That affiant knows that said ditch on his father's place has run and carried water all his life and the same has been used for the purpose of carrying irrigation water each year to affiant's own knowledge for 20 year being as far as

1.

affiant can remember with accuracy. That the land owned by affiant's father is riparian to said Stony Creek. That the irrigation ditch is now carrying no more water than it did prior to the construction of plaintiff's said reservoir. That portions of said ditch consists of a flume and that during each year the said ditch has been in use said flume has been of the same size and has carried exactly the same depth of water and will carry no more, and that constantly during all the years the water has been used on the land of affiant's father said flume has been of the same size and dimension. That during all the years affiant has lived on said ranch said Stony Creek has never gone dry in the summer time, and has always carried sufficient water to accommodate the irrigators along said creek, and sufficiently irrigated their lands. That the crops now being irrigated by said affiant on his father's said land are absolutely and essentially necessary to produce feed to feed affiant's stock during the coming winter, and if permitted to be irrigated would furnish sufficient feed, but on the contract [contrary?] if the water is shut off, by an injunction, by this court, the alfalfa and feed now being produced on said land, that is being irrigated would dry up because the land is of a sandy and gravely [sic] soil and the bed rock under said land slopes to the Creek and all the irrigation water put on the land immediately perculates [sic] through the land and finds its way back to the Creek, thus drying out rapidly and therefore requires the constant application of water thereto. And if the water is shut off, affiant would have to sell and dispose of his stock or lose many of them through the winter, because of the shortage of feed, and it would greatly damage this affiant.

WHEREFORE, affiant prays that this Honorable Court

2. would not grant the injunction prayed for in plaintiff's complaint, and would not appoint the commissioner to regulate the water.

That affiant understands the character of the land and when it must be watered in order to preserve the crops, and because of the peculiar condition of the land no stranger could learn it in a few days or in a few months.

/s/ J. Johnson

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.

[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