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

CASES IN THE EROSION OF WATER RIGHTS IN THE STONY CREEK WATERSHED

(a Table of RELATED CASES)
(roughly in chronological order)

Case number == Case Name

1890 Stony Creek Irrigation Co. v. Towle, Hall & Scearce, Angle Transcript p. 3062, action brought in Court to condemn land for SCIC ditch, compromised before the case came up
1894-95 Stony Creek Irrigation Co. litigation?
????? == Stony Creek Irrigation Co. v. [Hall? Scearce?] , condemnation action, Tehama County Superior Court? 1904 [not yet found] [may be same as 1890 & 94]
????? == USA v. ???; condemnation actions, East Park, South & North Diversion Dams, Canal rights of way, U.S. District Court, Northern District, California, Northern Division, 1906 [not yet found, Docket books MISSING]
????? == USA v. ???; condemnation actions, Rainbow Diversion Dam & Diversion Canal, U.S. District Court, Northern District, California, Northern Division, 1913 [not yet found, Docket books MISSING]

Equity 30 == USA v. H.C. Angle, et al., Decree 01/13/1930, U.S. District Court, Northern District, California, Northern Division, May 28 1918, later #80-583; Eastern District; 40,000 pages; Fraud on the Court produced Decree that took riparian rights without compensation [MISSING Equity Order Book, Equity Journal, Minute Book, Angle Bank Account after 07/29/1942, Docket Book for EQ-30 after 1962, 70 other pieces]
  • 030932 Retzloff surrender of right, 011433 & 012533 Kesselring surrender of [duplicate?, Decree error?] right; surrender or abandonment of Decreed Right not provided for in Decree,
  • 020384 - erosion of right to change in place of diversion & use, set up by Somach filings for USA, 80-583 Doc #38, therafter court permission seemed to be needed for such changes
  • 110480 dilution of Water Master's authority and accountability by appointment of a Watermaster Supervision Committee, Doc #19
  • 011086 - erosion of underflow rights, SWRCB actions & Colusa County Stip, Doc #94
  • 011086 - erosion of diversion & use rights, SWRCB actions & Colusa County Stip, Doc #94
  • 072591, 072691, & 082191 - erosion of Hall & Scearce stipulated rights; Doc. #208 & 211
  • 041495 - erosion of Hall & Scearce stipulated rights; Doc. #245
  • 021109 - expansion of Orland Project 7 miles beyond its footprint, endorsement of Reclamation selling Project water to non-project buyers, Doc. #295

    Ap 2212 == Division of Water Rights, Department of Public Works [Predecessor to SWRCB] Stony Gorge water right petition, 1921, D 83 11/17/1925;
  • half of it rendered "excess diversion" by 01/13/1930 Angle Decree
    ????? == USA v. ???; condemnation actions, Stony Gorge, 1926, U.S. District Court, Northern District, California, Northern Division, 1926 [not yet found, Docket books MISSING]

    ????? == reference in 27382 090178 memo Phillips/Geologist to Files, "Stony Creek Underflow", to a case in which Watermaster Garland measured flow at 3 points along Stony Creek, for case that went to litigation and 3 wells were stopped because they were from underflow

    #8065, 8178, 8220, 8339, 8464, 8638 == USA v. [various numbers of acres], condemnation actions, taking lands for pennies on the dollar after Angle Decree destroyed their value, Black Butte, 1958-62, U.S. District, Court Eastern District, California, Northern Division, 1926 [7-1/2 boxes, files at Federal Records Center, San Bruno]
    Ap 18115, Ap 19451 == SWRCB Black Butte water Right Petition, D 1100, later Tehama-Colusa Canal Constant Head Orifice Right on Stony Creek, 1960 & ----, 6,000 pages
    ????? == reference at http://www.cwclaw.com/attorneys/attorneyBio.aspx?name=WilliamNorman , website of William H.G. Norman, litigation partner with Cooper, White & Cooper LLP. "Successfully defended the project engineer on professional negligence claims arising out of construction of the Black Butte Dam."

    Commander Industries v. Reclamation? over diversion rights at Elk Creek, suggested in Reclamation Contract, R.O. Draft 8/25-1971 Rev. W.O. 11/15-1971, Contract No. 14-06-200-5749A, article 6(c);

    #6290 #6291 #6293 #8429 #8430 & others == CVP Power Grid condemnation suits, U.S. District, Court Eastern District, California, Northern Division [MISSING]
    #9062, many others == Tehama Colusa Canal condemnation suits, U.S. District, Court Eastern District, California, Northern Division [MISSING]

    1975 or so, Century Ranch class action suit (water rights presumably a part of it - jurisdiction & case # not yet found), was it every filed or served?

    ????? Interstate 5 right of way cases

    Ap 24758 == SWRCB mistaken erosion of Decree storage rights, D 1558, WR 80-13, 80-18, 82-10
    ????? == USA v. [SWRCB?]; [Andreotti], eroding non-USA storage, Colusa County Superior Court, to direct SWRCB to amend D 1558 11/14/1980 [see WR 82-10]
    80-900 == USA v. SWRCB (Andreotti), eroding non-USA storage, U.S. District, Court Eastern District, California, Northern Division, 11/14/1980 [see WR 82-10]

    Ap. 26378, 26379, 26745, 27750 City of Santa Clara power applications on Stony Gorge, Black Butte, East Park, & High Line Canal (FERC aps 3193, 3190, 3547 & 7252); 26659, 26658 & 26682 OUWUA competing applications (FERC 3946 for East Park), unknown SWRCB Ap for High Line Canal by Ray E. Toney FERC Ap 6981
    76650 F 011882 [first amended complaint] Superior Court Butte County, OUWUA v. City of Santa Clara over power development rights & priorities

    14932 == Colusa County v. Westcamp , Colusa County Superior Court, Condemnation, 04/21/1978, SWRCB called in to report on possible underflow
    14974 == Stonycreek Water District et al., v. Colusa County, for Injunctions against Unlawful Diversion of Water , Colusa County, Superior Court ; diverting from underflow in violation [NO!] of Angle Decree 06/26/1978
    Ap 27382 == 6,000 pages, WR 79-6, WR 80-11 - SWRCB mistakes:
  • erosion of Decree underflow rights,
  • erosion of Decree place of diversion & use rights,
  • erosion of Decree right not to be claimed against by other parties
  • grant to Reclamation of new right to sell water outside of Project
    WR 89-25. 91-07, 98-08 == SWRCB mistaken "Fully Appropriated" for all except USA, D 1100 Ap 18115, D 1042 Ap 19355 ?

    1991, settled 1994 City of Santa Clara vs [engineer designing Black Butte Power Plant], design flaw, 3 years, settled late 1993? ref'd Ap 26379

    91-16515 == United States Court of Appeals (Angle), 9th Circuit, an erroneous decision restoring rights signed away in [coerced?] stipulations, USCA ignored weasel words in Morton's stip with Scearce, 1,500 pages?

    91-1074 == USA v. GCID, Salmon takes, 4,000 pages, filed 08/09/1991, Order 03/10/1992, U.S. v. Glenn-Colusa Irr. Dist, 788 F.Supp. 1126 E.D.Cal. 1992, later modified, led to
    91-1128 == GCID v. USA, Judge Levi, E.D.Cal. 3,500 pages, many errors
  • rendered useless GCID Stony Creek rights,
  • impaired Decree storage (diversion & use) rights,

    96-00942, 01-01816 == GCID, et al. v. USA, E.D.Cal. Sacramento River Settlement suits, as with 91-1128 & Angle, USA keeps breaking promises to GCID


    More Reimers suits:
  • Claim 94-660 L, United States Court of Federal Claims, Hollis E. Reimers, Plaintiff, v. United States of America, Defendant;
  • Glenn Superior #27859 filed 10/12/1994, Hollis E. Reimers v. The Orland Unit Water Users' Association, et al.,

    05-01207 06-00245 == E.D.Cal. more Reclamation River settlement suits?

    TCCA v Interior, 2;10-cv-00357-JAM-KJM, related to unlawful diversions under 18115?

    ????? == multiplicity of (more than 150?) SWRCB awards to USA in violation of the Decree, table at Exhibit A-2 to SWRCB filing, http://www.mjbarkl.com/p3.pdf, many Federal filings not found [MISSING?], indexing problems, severe copying restrictions

    ????? == other, non-USA SWRCB filings (170?) within the Stony Creek watershed, most approved, some not, inconsistent results but most violate the Angle Decree

    ????? == records of the State Division of Supervision of Dams, such as for Wright Dam #371

    ????? == records of the Federal Energy Regulatory Commission, such as for City of Santa Clara Power Plants

    ????? == records of the BLM and Mendocino National Forest

    Other Sources: Total well over 100,000 pages?

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