THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
Establishment and affirmations of the Orland Project diversion limits.

Important because it points to the establishment by USA's expert witness of Project requirement at 4.05 acre-feet per irrigated acre at the point of diversion, and recites a growing list of affirmations of that limit (this compilation is in progress).

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• Testimony of the Government's expert S.T. Harding establishing the standard at point of diversion of 4.05 acre-feet per acre of Project lands, Angle Transcript pp. 3109-3128 retranscribed [plus Table of Harding "Rules" in the Transcript]
  
  
• Other references in testimony in the Angle transcripts to that 4.05 a-f standard
  
  
• References in the first although rejected (1925) Findings of Fact and Conclusions of Law, p. 14, "the said lands requiring the diversion of 4.05 acre feet for their proper and economical irrigation and cultivation;" plus the "Schedule of water rights in Stony Creek Watershed" annexed to that 10/13/1925 motion showing that 4.05 standard on "Government's Rights, Sheet 5" for Items 1, 2, 3, & 4
• References in the second (1928) Findings of Fact and Conclusions of Law to that 4.05 standard, see pp. 202, 210, 225, & 230 of that Findings,
• References in the Decree (1928 draft, 01/13/1930 final, 04/14/1930 corrected Decree) to that 4.05 standard, see pp. 141 actual wording is "Average diversions of 4.05 acre-feet per acre during each irrigation season; "
  
  
• Some other, subsequent acknowledgements of that 4.05 a-f standard :
  • Doc. #105 Reimers & Wackerman Complaint, Exhibit F; Water master Analysis 01/15/1987 citing Decree p. 141 Orland Project requirements 4.05 a-f/acre; Exhibit J, Paff/Reclamation 05/05/1989 letter reciting 4.05 a-f requirements; many copies of these memos in subsequent filings
  • Doc #129 Report of Water Master Regarding Water Rights and Problems Associated with Hall and Scearce Ranches within Stony Creek Watershed, pp. 6-7 4.05 a-f citing p. 210 of Plaintiff's Opening Brief, which is actually the 1928 "Findings of Fact and Conclusions of Law"; the 2 Doc #105 attachments are also attached here
  • Doc #144, p. 13, Memorandum of Points and Authorities in Support of the United States' Motion for Summary Judgment, USA's vehement argument for the 4.05 a-f/acre limit; Exhibit I, p. 210, 4.05 a-f/acre; Exhibit K, OUWUA Attorney, such lands not entitled to more than 4.05 a-f per acre; Exhibit L Reclamation 05/05/1989 letter again, 4.05 a-f/acre;
  • Doc. #145, 01/12/1990, OUWUA Memorandum of Points & Authorities in Support of Motion for Summary Adjudication of Issues, at pp. 2 & 5-6; OUWUA makes the same argument as Reclamation as to the 4.05 a-f/acre limit
  • Doc. #153, 02/02/1990, Declaration of George G. Wilson [Water Master] in Opposition to Plaintiffs' Motion for Summary Judgment; p. 7 4.05 a-f/acre
  • Doc. #159 02/09/1990 USA’s Reply in Support of Motion for Summary Judgment, pp. 2 & 6 more vehement argument for 4.05 a-f/acre
  • [ 4.05 at Court of Appeal? ]
  • Attachment to Doc. #211 & #212, 07/31/1991, Stipulation for Settlement, Wackerman Dairy, 4.05 allowed even though it "exceeds the standard Project lands allotment of 3 acre feet per acre", per OUWUA attorney.
  • Doc. #245 04/14/1995, "If, in the future, a per acre limitation is placed on the purchase of excess water...." ; scienter?
  
  
• Before the Court of Appeals, USA v. H.C. Angle, et al., (Reimers v. Wilson), 91-16515:
  • USA 03/25/1992 Court of Appeals Brief, p. 11 fn 9 "The 'basic requirement' for project lands is set forth on page 141 of the Decree...It includes a '4.05 acre-feet per acre' diversion rate per irrigation season."; at p. 13 recites water master's use of 4.05 in his calculation; p. 14 fn 13 USA adamantly limits Reimer's entitlement to 4.05 af/a: "With respect to the appellant's entitlement, the United States' position is summarized as follows: the Angle Decree requires the United States to provide Hollis Reimers a maximum of 4.05 acre-feet of water per acre for use on the 100 acres identified in the Scearce Lands Schedule...." [without regard to soil type?]; Brief p. 27; Brief p. 37; Brief p. 39, fn 26;
  • OUWUA 03/24/1992 Court of Appeals Brief, joins USA in pp. 1-49 of its Brief; p. 2, recites the 85,050 a-f overall limit, the 4.05 a-f/a diversion limit, and the 2.92 a-f/a application limit on the Project, and 4.05 a-f/a at pp. 3, 5, ;
  • Wackerman Dairy, Inc. v. Wilson, 7 F.3d 891 (1993) ; [slip p. 11899 & 11901 fn 8, an average of 4.05 a.f.a; 11907 fn 16 4.05 a.f.a. not a limit for Reimers; 11909-10 4.05 average not a maximum for any individual parcel - even so, it is a Project limit]
  
  
• acknowledgements in SWRCB Ap 18115 (Black Butte) file:
  • 05/1988 Map, 22-208-96 Orland Project, Reclamation; "Water requirements for general irrigated agriculture in the project area is approximately 3.8 ft/acre...each year." [narrative on back] -- ( File Category 1, Correspondence VOL. 6 OF 12, 2nd doc. from the front )
  • - Exhibit 3 Map, "Orland Project., Calif." No. 22-208-96, July, 1961 - 3.8 a-f per acre per year [narrative on back] ( File Category 20, Transcripts and Exhibits Volume 2, Item 6 - USBR Exhibits [Binder:] - Exh. 1A thru 11 and 13 thru 16, Exhibits in Connection with Hearing Before the State Water Rights Board on United States Applications 18115 and 19451 to Appropriate Unappropriated Water from Stony Creek in Connection with the Black Butte Project.)

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Return to Stony Creek Water Wars.

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