THE STONY CREEK WATER WARS - Affidavit of W.J. Salisbury

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

[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

THE DISTRICT COURT OF THE UNITED
STATES IN AND FOR THE NORTHERN
DIVISION OF THE NORTHERN DIST*
RICT OF CALIFORNIA.
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The United States of
America,

Plaintiff,

vs.

H.C. Angle, et als.

Defendants.
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AFFIDAVIT

W.J. Salisbury

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, 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 SOETH, GEO. SOETH, FRED E. STRAWN, A.J. TRIPLETT, FRANK TROXEL, F.W. TROXEL, LLOYD TROXEL, I.E. TRUE, J. VAN SCYOC, A.P. WAKEFIELD,

DEFENDANTS.

AFFIDAVIT OF
________________________________

ON HEARING PRELIMINARY
INJUNCTION AND APPOINT-
MENT AND AUTHORIZATON
OF WATER COMMISSIONER
DURING PENDENCY OF CAUSE.

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STATE OF CALIFORNIA )
COUNTY OF GLENN [sic] ) SS.

W.J. SALISBURY, being first duly sworn, deposes and says that he is a resident of the United States, over the age of twenty-one (21) years, and in no way or any.manner interested in the above entitled action.

That affiant knows one A.P. Wakefield and S.A. Ralston, that said Wakefield and Raulston [sic] are now the owners of what is known as the Hickock and Logan place formeraly owned by Zumwalt.

That affiant is familiar with said land now owned by said defendants Wakefield and Raulston and has been for

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more than thirty (30) years last past.

That the lands owned by the defendants Wakefield and Raulston boarder [sic] and are riparian to Big Stony Creek, that the predecessors of the said Wakefield and Raulston a great many years ago, constructed a ditch to conduct irrigation water to the lands now owned by the said Wakefield and Raulston, that said ditch took the water from the main chanel [sic] of Big Stony Creek at a point of about 3/4 of a mile West of where Little Stony Creek empties into Big Stony Creek, and thence down along the South side of Big Stony Creek to and across Little Stony Creek, thence on down to the lands of said Wakefield and Raulston about one-half mile.

That the said predecessors of the said Wakefield and Raulston before the East Park Dam was constructed, every summer would partly dam up the main chanel [sic] of Little Stony Creek and the waters of Little Stony Creek would then co-mingle with the waters appropriated out of Big Stony Creek and proceed down the ditch to the lands then irrigated by the predecessors of said Raulston and Wakefield.

That during each summer for a period of 30 or more years, the predecessors. of said Raulston and Wakefield have taken the water from Big Stony Creek in the manner above set forth. That many years thereafter plaintiff constructed a reservoir, constructing what is known as East Park Dam, that thereafter plaintiff would dam the water from said reservoir of the Little Stony Creek, and the same would preceed [sic] down Little Stony Creek to the point where the ditch used by the predecessors of said Wakefield and Raulston cross the mouth of said Little Stony Creek and there co-mingle with the water of their ditch and preceed [sic] down the artificial

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and constructed channel to the dam where the predecessors of the said Raulston and Wakefield irrigate their land and thence over the dam and into the main channel of Big Stony Creek and on.

That at all times herein mentioned, since the plaintiff has constructed said East Park Dam, there has been more water coming through the ditch now used by the defendants Raulston and Wakefield and formerally [sic] used by their predecessors to Little Stony Creek, and there co-mingle with plaintiffs water then [sic] has been applied to the land of the said defendants Raulston and Wakefield or their predecessors.

That affiant is familiar with the type and character of the land owned by the defandants Raulston and Wakefield and said land requires the constant application of irrigation water to grow and produce thereon crops.

That defendants Raulston and Wakefield are the owners of and now have on said land a large quantity of live stock, consisting of cattle and hogs; and their land will not produce sufficient feed to care for said stock, unless the alfalfa which has each year been irrigated is irrigated, and ptoduce crops thereon. That if the water is turned off of said land for a short period the crops of the defendants Raulston and Wakefield would immediately die, wither up and be lost to them.

/s/ W.J. Salisbury

Subscribed and sworn to before me )
this 8th day of June, 1918. )

/s/ A.T. Welton

Notary Public in and for the County of Colusa, State of Cailfornia.

[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