THE STONY CREEK WATER WARS - [other] Affidavit of A.L. Triplett

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
[other] Affidavit of A.L. Triplett

[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
California.
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The United States of America,

Plaintiff,

vs.

H.C. Angel [sic] A.M. Anderson, et al.,

Defendants.
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[other] AFFIDAVIT OF A.L. Triplett

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 JAEGER [sic], 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, 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
A.L. TRIPLETT

ON HEARING PRELIMINARY
INJUNCTION AND APPOINTMENT
AND AUTHORIZATON OF WATER
COMMISSIONER DURING PENDENCY
OF CAUSE.

STATE OF CALIFORNIA )
COUNTY OF GLENN ) SS.

A.L. TRIPLETT, being first duly sworn, deposes and says, that he is a resident of the United States of America, of the age of twenty-one (21) years. That he lives next neighbour to A.P. Wakefield and S.A. Raulston [sic]. That said Wakefield and Ralston now own what was known as the Hickock place and prior to Hickock by Logan and Zumwalt.

That affiant is familiar with how the predecessors of Wakefield and Ralston irrigated the said land for nine years immediately last past.

That for the past nine years the said Wakefield and Ralston and the predecessors of Wakefield and Ralston, Frank Hickock and J.N. Logan irrigated said lands from the waters from Big Stony Creek, that said water was taken out of Big Stony Creek, about 3/4 of a mile West and on the South side of said creek

[page break]

from the point where little Stony Creek intersects Big Stony Creek.

That the water used by Wakefield and Ralston and their predecessors was taken out of Big Stony Creek at said point about 3/4 of a mile West of intersection and conducted through a natural and part of the way artificial channel to the lands of the said Wakefield and Ralston and their predecessors.

That in the course thereof said ditch crossed the channel of Little Stony Creek, where said Little Stony Creek formerly emptied into Big Stony Creek and is conducted from the last named point, through a partial constructed and partially natural channel to a dam where it is diverted into the lands of said Wakefield and Ralston and their said predecessors. That at this time and during each Summer for said nine years last past, affiant has knowledge and knows that more water was taken out of the Big Stony Creek and conducted to the point of Little Stony Creek crosses said ditch than is taken out and put on the lands of the defendants Wàkefield and Ralston.

That during the time that said Logan the predecessor of Wakefield and Ralston owned said lands the said Logan used to dam up the channel of Little Stony Creek and the water so appropriated as aforesaid from Big Stony Creek and the water of Little Stony Creek both went down through said ditch and was used on the land by said Logan,

That after the p]aintiff herein constructed the reservoir as alleged in their complaint, they turned storage water into. Little Stony Creek and thence down Little Stony Creek to Big Stony Creek. And, by reason of the dam being placed across the mouth of` Little Stony Creek, the plaintiff’s water then and thereafter went down said constructed and artificial channel used by said Logan and now being used by defendants

2

Ralston and Wakefield.

That after plaintiff constructed the reservoir as aforesaid and each summer thereafter plaintiff turned water down said channel or Little Stony Creek, that plaintiff’s water then co-mingled with the water in the said Logan and on to the dam where the said Logan diverted the same unto his lands, going over said dam and finding its way shortly thereafter into the main channel of Big Stony Creek.

That affiant known [sic] that there is more water coming out of Big Stony Creek into the defendants ditch and co-mingling with plaintiff’s water then is taken out and used by defendants on their lands.

/s/ A.L. Triplett
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Subscribed and sworn to before me )
this 9 day of June, 1918. )

/s/ Elma Knock
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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