THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
Affidavit of I.E. True
[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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[Blue cover:]
No. 30 Eq
In the District Court of the
United States
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The United States of America
Plaintiff
vs
H.C. Angle, et al.
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Affidavit of I.E. True
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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
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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, H. SOETH [sic], 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
I.E. True
ON HEARING PRELIMINARY
INJUNCTION AND APPOINTMENT
AND AUTHORIZATON OF
WATER COMMISSIONER DURING
PENDENCY OF CAUSE.
STATE OF CALIFORNIA )
COUNTY OF GLENN ) SS
I.E. True, after being first duly sworn, deposes and says: That he is the
owner of approximately 265 acres, 100 acres of which is under the ditch
owned by affiant and which irrigation ditch irrigates the lands of affiant
and takes the water from Big Stoney Creek and he is jointly owner of the
ditch owned by John Johannsen, the copy of which Notice of Appropriation
is attached to the John Johansen affidavit here presented: that the said
lands of this affiant have been irrigated for the same period of time as
the the [sic] Johannsen lands have been irrigated by means of the same ditch,
the predecessor of affiant.having joined in the cost of construction of the
said Johannsen ditch and affiant's lands have been irrigated by affiant and
his predecessors for the same period of time as the lands of John Johannsen,
affiant’s neighbor on the south. That affiant has practically 100 acres
under said ditch; that said land is now owned by this affiant and is
riparian to Big Stoney Creek, that all of said
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land as owned by affiant is in crops, under irrigation; that 65 acres of said
land now has a first class stand of alfalfa growing thereon; that the balance
of the 100 acres is not so even but is sub-irrigated from said ditch; that all
the land of the affiant so bordering said big Stoney Creek is more or less
shallow, is of sandy and gravelly nature, susceptible to irrigation and when
irrigated the water immediately soaks through the land on to the bed rock and
then back into the main Stoney Creek. That affiant has lived on said land
constantly for the past thirteen years and during said time has made a careful
study of the land and has each year irrigated it anf [sic] studied it while
irrigating; that affiant knows g [sic] that if the water is taken off of
said land for a period of a few days that the crops growing thereon will
wither up and immediately show the absence of water; that affiant is the
owner of 65 head of cattle, nine head of horses 45 head of hogs, and depends
upon his alfalfa field for the feed for said stock; that if the injunction
prayed for in plaintiff's Bill of Complaint be granted, and the water denied
this affiant, affiant will be greatly, irreparably and permanently injured
by reason thereof; that affiant's lands now are not receiving more water
than they did each year prior to the construction of plaintiff's said
reservoir; that Stoney Creek running by the land of affiant has always
supplied sufficient water to irrigate affiant's said land and those of
his neighbors on said ditch above him; that it is not true that Stoney
Creek will go dry this summer and it is not true that affiant will rely
upon or use the waters of plaintiff as set forth in said Bill of Complaint;
and in this connection affiant desires to further state that prior to
the construction of plaintiff's said reservoir, the waters naturally
flowing in Little Stoney Creek as a tributary to Big Stoney Creek, did
flow into Big Stoney Creek and all of the said
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waters of Little Stoney Creek are now being held back in the reservoir thereby
if anything diminishing the flow of Big Stoney Creek; that affiant known [sic]
at this time that Little Stoney Crek is supplying water to the East Park Dam
Reservoir, but in what amount this affiant is unable to state; that affiant
knows it is not true that Little Stoney Creek dries up by the first of May
each year, but on the contrary affiant has never known said Little Stoney
Creek in years past to dry up before the last of July.
WHEREFORE affiant prays that said injunction be not issued and that no
water commissioner be appointed and affiant will ever pray.
/s/ I.E. True
Subscribed and sworn to before me
this 9th day of June, 1918
/s/ Elma Knock
Notary Public
[stationery imprinted:]
CLAUDE F. PURKITT
ATTORNEY AT LAW
WILLOWS, CALIFORNIA
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Return to Stony Creek Water Wars.
--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com