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

[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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Teh [sic] United States of America
Plaintiff
vs
H.C. Angle, Et al.
Defendnats [sic]
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Affidavit of Wm. Niesen

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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 Defendnat [sic]
[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 Johannsen, John Johannsen, Jr., J.E. Knight, J.F. Mallon, G.W. Markham, Preston Morris, Wm. Niesen, James O'Brien, S.A. Ralston, Ray Shievely [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
Wm. Niesen
On Hearing Preliminary
Injunction and Appointment
And Authorizaton of Water
Commissioner During Pendency
of Cause.

STATE OF CALIFORNIA? [sic, ?-mark ] )
County of Glenn. ) SS.

Wm. Niesen, after being first duly sworn, deposes and says: That he is one of the defendants in the above entitled action; that affiant owns 160 acres of land in Section 27 Township 21, North Range 6 west, M.D.B. & M.; that affiant has under irrigation approximately ten acres which has been irrigated for the past 24 years by means of a ditch, and affiant is now pumping water on the said land from Big Stoney Creek; that the land irrigated by affiant is riparian to and joins big Stoney Creek, there on said land affiant has planted alfalfa and garden and a few fruit trees; that affiant's predecessors, William Drew, to affiant’s

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knowledge, for said 24 years last past has each year irrigated said land from the waters of Big Stoney Creek and has produced crops on said land; that said land is of a nature that is susceptible to irrigation and will not grow or produce crops thereon except if irrigated from the water of Stoney Creek. That where affiant's land is situated there is an abrupt bank of about six feet down to the water's surface along the [bank of, crossed off] main channel of Stoney Creek; that as soon as the water is applied to the land it percolates through said land and immediately drops back into the creek; that said land is of such nature unless irrigated it will not produce crops thereon in the summer season, and will produce nothing without the application of water thereto.

WHEREFORE affiant prays that said injunction be not granted and that said Water Commissioner be not appointed as prayed for in plaintiff's Bill of Complaint



/s/ wm Niesen
____________________________________

subscribed and sworn to before
me this 9th day of June, 1918.


/s/ Elma Knock
____________________________________
Notary Public in and for Glenn County, Calif.

[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