THE STONY CREEK WATER WARS - Answer of Brownells

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
Answer of Brownells

[A transcription of the document on file in the Angle Archives
Important because it appears from the transcripts that the Government's entire attack on riparian rights was specifically aimed at these defendants.

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 NORTHERN DIVISION OF THE
DISTRICT COURT OF THE UNITED
STATES, FOR THE NORTHERN DISTRICT
OF CALIFORNIA, SECOND DIVISION.

THE UNITED STATES OF AMERICA,

Plaintiff,

vs.

H.C. ANGLE, et al.,

Defendants,
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I.L. BROWNELL, R.H. BROWNELL, and
MRS. L.R. BROWNELL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
FILED
At ____ o'clock and ____ Min ____ M
NOV 21 1921
W.B. Maling, Clerk
By Thomas J. Franklin, Deputy Clerk - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
FRANK FREEMAN
ATTORNEY-AT-LAW
WILLOWS, GLENN COUNTY, CAL.
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[end of cover]

IN THE NORTHERN DIVISION OF THE DISTRICT COURT OF THE UNITED STATES

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SECOND DIVISION
THE UNITED STATES OF AMERICA,

Plaintiff,

vs.

H.C. ANGLE, et al.,

Defendants.

IN EQUITY No. 30

ANSWER OF DEFENDANTS, L.E. BROWNELL, I.L. BROWNELL,
R.H. BROWNELL, and MRS. L.R. BROWNELL

Comes now the above named defendants in answer to the complaint of plaintiff, and allege and set forth:

1.

That the defendants are now, and for many years immediately prior to the commencement of this action through themselves and their predecessors in interest have been the owners of and in possession of by right and title derived from the United States Government by oontinuous chain of title of those certain lots, pieces and parcels of land situate in the County of Glenn, State of California, and more particularly described as follows, to-wit:
Consisting of about 15,000 acres in townships 21 and 22, North Range 5 and 6 West, M.D.B.M., as shown on General Map Shest No.1, of Stony Creek Watershed.

2.

That said Stony Creek referred to in the complaint is a natural stream which rises in the mountains to the South and West of said land, and said

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creek thence naturally flows and has flowed from time immorial to, over and upon and through said parcels of land last hereinabove described and each of them from time immemorial, have bordered and now border upon said Stony Creek and upon its channel and waterway through which waters of said creek now and from time immemorial have flowed; and each of said parcels of land, has touched and now touches the waters of said creek and each of them has and at all times been, and now is, riparian to said creek.

3.

That the soil of said land is fertile and by irrigation can be rendered very productive, and at least 3,000 acres of said land can he watered from said Stony Creek, and all of said lands are within the water shed of said creek, and. there is a volume of water flowing down said Stony Greek at different seasons of the year, and the flow thereof never entirely ceases; that for more than forty years, immediately prior to the commencement of this action, defendents and their grantors and predecessors in interest have owned and occupied said land and used the waters of said creek for the irrigation and operation of said land approximately to the extent of l06 acres, and for the watoring of stock and domestic animals and all other purposes for which a riparian proprietor is entitled to use the waters and for such purposes has, and their grantors and predecessors in interest have in years gone by constructed and maintained canals, and ditches, weirs, dams and other works thereon of sufficient size and capacity by which they have diverted the water from said creek and carried and distributed the same over and upon said lands and have thereby irrigated the land and have watered their stock thereon, and have raised large and valuable crops which could not have otherwise been raised thereon, and the value of the said lands have been enhanced.

4.

That as the owners of said lands hereinabove described, these defendants are entitled to make a reasonable use of the waters of said creek

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and have the entire flow of said Stony Creek flow down the channel of said creek and pass through, by and over the above described land and the whole thereof; and are entitled and have claimed, and hereby claim the right by virtue of their ownership of said lands through, over and upon which said creek flows, to make use of the waters of said creek as they flow by, over and across their said lands, for the purpose of irrigating said lands for watering stock and other domestic and other uses of said land; that the entire flow of said creek as it reaches said land is required to properly irrigate the same during the summer season, and by virtue of said right and the use of the waters of said creek as aforesaid, these defendants are entitled to divert from said creek and to consume on said lands the entire flow of said creek during the summer season for the irrigation of said 3,000 acres of land aforesaid and the entire flow thereof if so required.

5.

That the right of plaintiff to the flow of said water is subsequent and subordinate to the right of these defendants as the riparian proprietors of the said land aforesaid, to use the same and apply the same to the irrigation of the above described lands for domestic and other uses.

WHEREFORE, defendants pray that plaintiff take nothing as against these defendants; that the rights of defendants to the said waters of Stony Creek be determined by this Court, and that it be adjudged and decreed that as between defendants and plaintiff the said defendants have the right to all the waters of said creek flowing therein during the summer season, and for their costs incurred in this action, and for such other and further relief as to this Court may seem proper.

/s/ Mrs. L.R. Brownell
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Defendants
/s/ L.E.Brownell
/s/ I.L. Brownell
/s/ R.H. Brownell

/s/ Frank Freeman
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Attorney for Defendants

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