THE STONY CREEK WATER WARS - Affidavit of M.G. Bedford

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

[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
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The United States of America,

Plaintiff,

vs.
H.C. Angle Et al
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Affidavit of M.G. Bedford - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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.E. HINELINE, CHAS. JAEGER, JOHN JOHANSEN [sic], JOHN HOHANNSEN [sic], JR., J.E. KNIGHT, J.E. 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, FRANK TROXEL, F.W. TROXEL, LLOYD TROXEL, I.E. TRUE, J. VAN SCYOC, A.P. WAKEFIELD,

DEFENDANTS.

AFFIDAVIT OF
M.G. Bedford
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 ) SS.

M.G. BEDFORD, being first duly sworn deposes and says,

That he is one of the defendants in the above entitled action, that affiant is now a tenant on the land owned by his mother, immediately across said Stony Creek, apposite [sic] the Town of Elk Creek, that said lands are riparian to and join the main channel of Stony Creek. That in the year 1875, a ditch was constructed from the main channel of Stony Creek to the lands of affiant's mother which lands affiant is now farming, and which lands are owned by affiant's mother.

That during such year since 1875 with the exception of one season, when the water has been applied to the irrigation of the lands of affiant's mother, that on that year that the ditch was not used it was not because there was no water, but because no crops were planted on the land. That on this land is a valuable family orchard, and garden and alfalfa.

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That said land that is under said ditch is on the land on said place that is of any value for agricultural purposes. And affiant as well as his mother and family absolutely depend upon the irrigation water for the productivity of the land. That affiant knows of his own knowledge that there is no more water running through the ditch that irrigates the land now than would run through said ditch before the construction of Plaintiff's reservoir. That all of the water put on the land after being applied to the land immediately seeps through the land back into the ditch of Stony Creek, that if the water is taken off said land for any period of time in excess of a week, said crops would commence to wither and die and would not produce because said land is of a sandy character and water runs through it freely and it dries out quickly. And therefore it constantly needs the water applied to it. And, if the water is not constantly on said land, the orchard, garden and alfalfa would shortly die, wither up and be destroyed to the damage of plaintiff [sic] as well as to his mother, also a defendant in this action.

WHEREFORE affiant prays that said injunction not be granted and that no commissioner be appointed to regulate said water or interfere with the use of said ditch, that he and his said mother and predecessors have used since the year 1875.

/s/ M.G. Bedford

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

/s/ Elma Knock

Notary Public in and for the County of Glenn, 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