THE STONY CREEK WATER WARS - Affidavit of G.W. Markham

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

[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.
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Affidavit of G.W. Markham

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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, RE. 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 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 [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 G.W. MARKHAM
ON HEARIN [sic] PRELIMINARY
INJUNCTION AND APPOINTMENT
AND AUTHORIZATON OF
WATER COMMISSIONER DURING
PENDENCY OF CAUSE.

STATE OF CALIFORNIA )
COUNTY OF GLENN ) SS

G.W. Markham after being first duly sworn, deposes and says that he is one of the defendants in the above entitled action and ownes [sic] 6 acres of land or thereabouts in Sec. 6 Township Twenty-two in Range 4 West M.E. [sic] B. & M. Glenn County California. That said land is riparian to and adjacent to Stony Creek, That affiant has been irrigating said land from the waters of Stony Creek by pumping the water out of a hole , or depression in the bed of the Creek. That affiant has planted on said land a family orchard, garden , vines etc. that affiant has been pumping continuously for said water for 6 years last past and irrigating his land and claims the right and does now claim the right to pump said water to irrigate his said land. The said land is riparian to Stony Creek. That in 1902 afiiant used said pump on the opposite side of the Creek and pumped each year from said Creek said water in the same amount that he is now punping with

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the same pump. In 1912 he shifted the pump to the West side of Stony Creek. That said land irrigated by means of the pump aforesaid is for the family garden, orchard, berry patch and if this defendant is deprived of the use of the water by reason of an injunction herein sought and applied for defendant will be greatly and irreparable [sic] damaged, and said garden, vines and fruit trees will die and be totally lost to this defendant. Affiant's land is of such a porous gravely [sic] nature that trees will not grow on it except with irrigation, and where constantly irrigated they will thrive and do well, but if this defendant is deprived of the use of the water on said piece of land it will materially decrease the value as well as the value of his other land adjacent to it.

WHEREFORE defendant prays that said Injunction be not issued and that this defendant have the privilege to use the water on said land as he has in the past and affiant will ever pray.

/s/ G.W. Markham

Subscribed and sworn to
berore 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