THE STONY CREEK WATER WARS - Affidavit of J.F. Mallon

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

[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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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 J.F. Mallon.

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Filed June 10, 1918
Walter B. Maling, Clerk
By /s/ Thomas J. Franklin
Deputy Clerk - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

FRANK FREEMAN
ATTORNEY-AT-LAW
WILLOWS, CAL.

[Handwritten:] Service of the within affidavit hereby admitted this 10th day of June 1918,
/s/ Ed. F. Jared, Asst. U.S. Atty,
Atty for Plaintiff

[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, M.G. BEDFORD, R.E. BLEVINS, I.L. FEIGHTNER, W.W. GATLIFF, IRA GREEN, AUG. GOLLNICK, LEONARD W. GOLLNICK, JAMES HARMON, REUBEN HARTMAN, VOLNEY HAYTON, C.A. HINELINE, CHAS. JAEGER, JOHN JOHANSEN [sic], JOHN JOHANSEN [sic], 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.

STATE OF CALIFORNIA )
COUNTY OF GLENN ) ss.

J.F. MALLON, being first duly sworn, deposes and says:
That he is one of the defendants named in the above entitled action, and that he, together with R.E. Blevins are the owners of 6300 acres of land located in the southern part of Tehama County, of which Sections 29, 31 and 32, in Township 23 North, Range 4 West, M.D.B. & M. are a portion; that the said affiant and the said R.E. Blevins, another one of the defendants in the above entitled action, purchased said lands from Allen T. Moore, who has filed an affidavit in behalf of affiant and the said R.E. Blevins in this cause, and in answer to the Order to Show Cause on petition for a Preliminary Injunction and Appointment and Authorization of a Water Commissioner during the Pendency of this Cause, which is set for hearing on the 10th day of June, 1918, at the hour of ten o'clock a.m. before William C. Van Fleet, the Judge of the above entitled court at the court room of the said above entitled court in the court house building in the City of

1.

Sacramento, State of California.

That since the purchase of said lands, including the sections hereinbefore referred to, affiant and the said R.E. Blevins have continuously used the water described in the affidavit of said Allen T. Moore for the purposes mentioned in said affidavit, and in the same manner and through the same conveyors and ditches as described in said affidavit; that affiant and said R.E. Blevins purchased the said lands from the said Allen T. Moore in the year 1916, and that the said waters so used by the said Allen T. Moore and his prececessors as set forth in his affidavit have been used continuously by this affiant and the said R.E. Blevins, and that the use of said water nowise interferes with or diminishes the flow of any of the water appropriated or used by or stored for the said Orland Project mentioned in the Bill of Complaint herein; that to prevent the use of said water at this time would cause affiant and the said R.E. Blevins irreparable injury, and the use of said water is now necessary at this particular season for the irrigating and propagating of crops now growing or to be grown on the said Sections 29 and 31 [32?] in said Township 23 North, Range 4 West, M.D.B. & M.

That said ditches are constructed and used so that there is no waste, and any water escaping from said ditches returns immediately to said Creek, and that all water so diverted from said creek used for irrigation on the lands hereinabove described immediately returns to said Creek and becomes a part of the main flow of said Creek and passes on down to the diversion dam of the said Orland Project, which is located approximately two miles lower down on said Stony Creek.

That this affidavit is made, and the affidavit as made by Allen T. Moore is made and presented on behalf of this affiant and the said R.E. Blevins.

/s/ J.F. Mallon

Subscribed and sworn to before me
this 8th day of June, 1918.
/s/ Edward E. H..... [garbled]
Notary public in and for the
County of Glenn,
State of California.

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--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com