THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley (01/22/2010)

ANGLE Case electronic filings

UNITED STATES OF AMERICA v. H.C. ANGLE, et al.,
United States District Court, Eastern District (was Northern District) of California, Sacramento Division, EQ-30, later CVS-80-583

[On a skeleton from the Angle index, these are the electronic filings in the case, starting in 2005 except for Doc #253. Keeping track of CM/ECF (Case Management/Electronic Case Files) Numbers can be tricky; for instance Doc received as 298-2 is stored by the court as 298-1; doc shown on CM/ECF as Part 1 is stored as 298-0 ]

6. 2000, 2005 - 2010 Court Electronic Filings 253, 264 - 322


06/30/2000 253 F S ORDER by Honorable Lawrence K. KARLTON ORDERING that payments required under the order of this court in relation to compensation and expenses of the Water Master for the current year is GRANTED (cc: all counsel) (ndd) (Entered: 06/30/2000) For some reason, signed by Judge KARLTON rather than the clerk.

[ Docs 254-263, paper ]

2005

05/11/2005 264 F S (by Clerk) NOTICE of Payments Required under the Order of this Court in Relation to Compensation and Expenses of the Water Master for the current year. (Krueger, M) (Entered: 05/11/2005)
09/28/2005 265 F NOTICE by USA and George Wilson (?) of Substitution of Counsel. (Iizuka, Maria) Modified on 9/28/2005 (Duong, D). (Entered: 09/28/2005)
09/29/2005 266 Notice of DESIGNATION of COUNSEL FOR SERVICE. Added attorney Charles Ray Shockey for USA and attorney Solomon E Robinson terminated. [??? Robinson not even mentioned. It's Iizuka who is to be removed] (Shockey, Charles) Modified on 9/30/2005 (Duong, D). (Entered: 09/29/2005)

2006

01/23/2006 267 F REPORT of Water Master 2004 by George Wilson. (Duong, D) (Entered: 01/24/2006); reviewed SWRCB filings; Committee approved all Colusa parcel maps & building permits; Century Ranch up to 108 homes; continuing with the complaint filed with the Inspector General [which inspector general?] about Reclamation selling Project water outside of Project Lands; "Disputes between landowners continued but resolved amicably"; usual diversions for livestock after season; Letts Lake refilled; may have talked developer out of 1,000 5-acre lots on Little Stony; rainfall 22.87 inches, into April, upstream diverters didn't start until after 04/15, both reservoirs filled; allowed Stonyford vicinity diverters to 10/10 because of weather, adequate Project carryover, rotation required upper Stony; percolation studies downstream from Black Butte;
  • List Current Owner/Acres/Acre-feet/CFS/Decreed Owner [no Flood]
  • 04/08/2004 Letter Water Master to Rights Owners with budget [henceforth, attaching last year's instead of coming year's]
  • 2004 Budget, Salary & expenses, $25,000 [ditto]

    07/18/2006 268 NOTICE by USA of Payments Required Under Court Order to Compensate Water Master. unsigned. Attachments:
  • 268-1 # 1 07/18/2006 Shockey Letter to Clerk enclosing Notice of payment required
  • 268-2 # 2 Certificate of Service (Shockey, Charles), to Clerk and to Water Master; Modified on 7/19/2006 (Duong, D). (Entered: 07/18/2006)
    07/19/2006 269 F S (by Clerk) NOTICE OF PAYMENTS Required Under the Order of this court in relation to compensation and expenses of the Water Master for the current year signed by Marianne Matherly, Acting Clerk of Court 268 . (Duong, D) (Entered: 07/19/2006)
  • 07/19/2006 SERVICE BY MAIL: 269 Notice on U S Attorney and George Wilson. (Duong, D) (Entered: 07/19/2006)
    08/03/2006 270 F REPORT of Water Master to the USDC 2005. (Brown, T) (Entered: 08/04/2006); reviewed SWRCB filings; Committee approved all Colusa permits; several requests for private wells within Century Ranch in 2005; continuing with the documentation and mapping of Project areas following the 2001 complaint to the IG that Reclamation was selling Project water outside the Project; disputes between landowners, resolved; usual stockwatering after season; New investment group from China makes periodic inquiries on subdividing Little Stony lands; rainfall 20.64 inches [Stonyford?] into April, adequate runoff, reservoirs filled, late rains so upstream diverters didn't start until first week in June; allowed Stonyford vicinity to 10/15 because of weather, Project had adequate carryover, rotations required up stream;
  • List Current Owner/Acres/Acre-feet/CFS/Decreed Owner [no Flood]
  • 03/17/2005 Letter Water Master to Rights Owners with budget
  • 2005 Budget, Salary & expenses, $25,000

    2007

    07/11/2007 271 NOTICE by USA re 269 Notice - Other, 268 Notice - Other - ATY. Notice of Payments Required Under the Order of this Court in Relation to Compensation and Expenses of the Water Master for the Current Year, Attachments:
  • 271-1 # 1 Litigant Letter; 07/11/2007 Letter Shockey to Clerk, enclosed form of notice of payment required
  • 271-2 # 2 Certificate of Service, on Clerk and water master, (Shockey, Charles) (Entered: 07/11/2007)
    07/24/2007 272 F S (By Clerk) EXECUTED NOTICE of payments required under the order of this court in relation to compensation and expenses of the water master for the current year. (Filed stamped copy served on George G. Wilson) (Plummer, M) (Entered: 07/24/2007)
    08/21/2007 273 F REPORT of Water Master for the year 2006 George Wilson. (Duong, D) (Entered: 08/22/2007); reviewed SWRCB filings; Committee approved Colusa parcel and building permits; More requests for Century Ranch private wells; continued with the documentation of Project land and water following the 2001 complaint to the Inspector General's Office [which inspector general? ] about Reclamation selling Project water to lands outside the Project; usual disputes, usual stock water uses after end of season; rainfall 22.91, normal, through April, runoff adequate, both reservoirs filled, diversions not until second week of May, allowed to continue to 10/10 in Stonyford vicinity because of hot weather, adequate Project carryover, rotation required in latter part of season;
  • List Current Owner/Acres/Acre-feet/CFS/Decreed Owner [no Flood]
  • 04/06/2007 Letter Water Master to Rights Owners with budget [now back to next year's]
  • 2007 Budget, Salary & expenses, $25,000 [ditto]

    2008

    07/21/2008 274 NOTICE of Payments Required Under the Order of this Court in Relation to Compensation and Expenses of the Water Master for the Current Year, by USA re 271 Notice - Other - ATY, 272 Notice - Other. Attachments:
  • 274-1 # 1 Exhibit A - 06/04/2008 Letter from George Wilson, Enclosed is the usual notice, please ask the Clerk to execute, copy of Doc #269 and related 07/18/2006 Letter Shockey to Clerk
  • 274-2 # 2 Litigant Letter, 07/21/2008 Cover Letter Shockey to Court Clerk, with form of notice
  • 274-3 # 3 Certificate Service (Shockey, Charles) served water master (Entered: 07/21/2008)
    07/30/2008 275 S (by Clerk) NOTICE OF PAYMENTS Required Under the Order of this court in relation to compensation and expenses of the Water Master for the current year signed by Marianne Matherly, Chief Deputy 274 . (Kaminski, H) (Entered: 07/30/2008)
  • 07/30/2008 SERVICE BY MAIL: 275 Notice, served on George Wilson. (Kaminski, H) (Entered: 07/30/2008)
    08/06/2008 276 R REPORT of Water Master by George Wilson. 2007 (Reader, L) (Entered: 08/08/2008); reviewed SWRCB filings; Committee approved all Colusa building & parcel applications; more 2007 private well requests within Century Ranch [or are those the same ones?]; Continuing with documentation of Project lands and water following complaint to Inspector General [which Inspector General? ] in 2001 that Reclamation was selling Project water outside the Project, now DOJ is working to get court approval of adjusted boundaries; usual disputes, usual stockwatering after season; 2007 rainfall 11.31, very low, but 1.59 inches in April which helped, runoff adequate, both reservoirs filled, upstream diversions 04/07, allowed diversions Stonyford Vicinity until 10/07 because of weather, adequate Project carryover, rotation required in upper Stony Creek towards end of season [this report has been boilerplate for years, with very small changes]; [No budget letter this year?]
  • List Current Owner/Acres/Acre-feet/CFS/Decreed Owner [no Flood]

    09/05/2008 277 Plaintiff's Notice of Motion and MOTION to AMEND Angle Decree Re: Place of Use of Water Rights and to Establish Court-Approved Process for Future Annexations and Changes in Place of Use, by USA. Motion Hearing set for 10/20/08 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. KARLTON; follows comment in Water Master Reports at Docs 258, 261, 262, 267, 270, 273, 276 reporting a complaint to the Inspector General [which one?] that Reclamation was selling Project water outside of Project lands; (Attachments:
  • # 277-1 Memorandum
  • # 277-2 Notice of Filing of Exhibits on CD-ROM,
  • # 277-3 Notice of Filing of Two Exhibits on CD-ROM,
  • # 277-4 Proposed Order
  • # 277-5 Certificate of Service (Shockey, Charles) Modified on 9/8/2008 (Duong, D). (Entered: 09/05/2008)

    09/05/2008 278 DECLARATION of Robert Colella in SUPPORT OF 277 MOTION to AMEND the JUDGMENT, Attachments:
  • # 278-1 Exhibit 2 - Watermaster Letter, "Looks OK to Me."
  • # 278-2 Exhibit 3 - Orland Project Description, Standard Reclamation glossy flyer
  • # 278-3 Exhibit 4 - Orland Project Map, No. 22-208-96, region with District highlighted
  • # 278-4 Exhibit 5 - Black Butte Project, Contract between the United States and the Orland Unit Water Users' Association Providing for the Exchange of Water ; OUWUA Board Resolution accepting it
  • # 278-5 Exhibit 6 - 1909 Agreement with OUWUA,
  • # 278-6 Exhibit 7 - Stock Subscription, Larry and Jeanie Lowe 02/23/1978
  • # 278-7 Exhibit 8 - Water Right Application, Sanford Beck, Myrna Beck 12/20/1973
  • # 278-8 Exhibit 9 - Water Right Certificate, Serial 225-10 P.D. Bane
  • # 278-9 Exhibit 10 - Tabulation of Lands Issued Water Rights Certificates Not Covered By Orland Project Land Schedule, total 1633.08 acres
  • # 278-10 Exhibit 11 - Proposed Project Land Schedule, 2 pages, quarter-quartet sections, totlaling 22,633.08 acres
  • # 278-11 Exhibit 13 - US v. Angle - 1990 Garlin Petition missing p. 2, attachments: Decree p. 178, Decree Application Schedule p. 124, map of application moved from/to, Water Master 04/28/1989 letter
  • # 278-12 Exhibit 14 - US v. Angle - 1990 Garlin Memorandum, Decree p. 175, Buckley 09/16/1960 order, Judge Halbert's 07/11/1966 no-need-to-let-everybody-know order, unsigned proof of service and appropriation holders list
  • # 278-13 Exhibit 15 - Water Right Owners List,
  • # 278-14 Exhibit 16 - US v. Angle - 1990 Garlin Proposed Order, . Solomon Robinson (USA) Statement of No Opposition
  • # 278-15 Exhibit 17 - Proof of Publication, Notice of Motion to Amend the Angle Decree for the Orland Project, 01/02/08
  • # 278-16 Exhibit 18 - US v. Angle - January 1986 Order Confirming Changes in Certain Decreed Rights, Lodged but signed 01/08/1986 /s/ Judge Philip C. Wilkins, 2 proofs of service, map of County Service Area, signed as Doc #94 -
    [CM/ECF] Modified on 9/8/2008 (Duong, D). (Entered: 09/05/2008)
    - - -
    090508 F Plaintiff's Notice of Filing of Two Exhibits in CD-ROM Format, including CD-ROM, b6 loose in the back of the box; documents on CD-ROM furnished by DOJ but not included in filing:
  • 278-CD1 - Angle Decree, version printed after 01/13/1930 before 04/15/1930 corrections, 11 pp. January 1980 SWRCB Appropriation Application Schedule attached [large .pdf file]
  • 278-CD7 - revised Stock Subscription , #842, O.F. & Ruth Reimers, 5.0 shares, 10/17/1977
  • 278-CD12 - Map - Orland Project Land Schedule, color, very high resolution satellite image with approved lands in blue, unapproved in red [14 meg, a very large .pdf file, may not download for you]
    - - -
    09/25/2008 279 NOTICE of Refiling of Better Image of Exhibits for Doc. 278 by USA re 278 . (Attachments:
  • # 1 Exhibit 7 (corrected) - Reimers Stock Subscription,
  • # 2 Exhibit 13 (corrected) - Notice of Petition by Donald Garlin) (Shockey, Charles) (Entered: 09/25/2008)
    - - -
    09/26/2008 280 DEFENDANT'S OPPOSITION to Motion 277 to Amend and Counter-motion; Memorandum in support; and proposed order. Attachments:
  • # 1 Proposed Order (Becknal, R) (Entered: 09/29/2008)
    10/03/2008 281 STATEMENT of NON-OPPOSITION by Orland Unit Water Users Association to 277 MOTION to AMEND. (Hitchings, Andrew) Modified on 10/6/2008 (Kaminski, H). (Entered: 10/03/2008)
    10/03/2008 282 JOINT STIPULATION and PROPOSED ORDER re 277 MOTION to AMEND by USA., Attachments:
  • # 1 Proposed Order to Reschedule Hearing (Shockey, Charles) Modified on 10/6/2008 (Kaminski, H). (Entered: 10/03/2008)
    10/08/2008 283 ORDER signed by Senior Judge Lawrence K. KARLTON on 10/8/08 re 277 MOTION to AMEND Angle Decree ORDERING that the hearing set for 12/8/2008 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. KARLTON and the briefing schedule is hereby adjusted as follows: November 10, 2008 - Defendant's amended opposition and counter motion; November 24, 2008 - Plaintiff's Reply Brief and Response to counter-motion; December 1, 2008 - Defendant's reply brief in support of counter-motion.. (Duong, D) (Entered: 10/08/2008)
  • 10/08/2008 SERVICE BY MAIL: 283 Order served on Michael J. Barkley, George Wilson. (Duong, D) (Entered: 10/08/2008)
    11/10/2008 284 Defendant's First AMENDED OPPOSITION to Plaintiff's MOTION TO AMEND 277 . Attorney Barkley, Michael J. added. (Attachments:
  • # 1 Memorandum in support of OPPOSITION,
  • # 2 Proposed Order )(Barkley, Michael) Modified on 11/13/2008 (Mena-Sanchez, L). (Entered: 11/10/2008)
    11/17/2008 285 ORDER signed by Senior Judge Lawrence K. KARLTON on 11/14/2008 ORDERING due to court congestion, the hearing as to 277 Motion to Amend is CONTINUED to 2/9/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. KARLTON. (Matson, R) (Entered: 11/17/2008)
  • 11/17/2008 SERVICE BY MAIL: 285 Order, served on Michael J. Barkley, George Wilson. (Matson, R) (Entered: 11/17/2008)
    11/18/2008 286 JOINT STIPULATION and PROPOSED ORDER to revise Briefing Schedule (Attachments:
  • # 1 Proposed Order (Shockey, Charles) Modified on 11/19/2008 (Marciel, M). Modified on 11/19/2008 (Kaminski, H). (Entered: 11/18/2008)
    11/19/2008 287 JOINT STIPULATION and ORDER 286 to revise Briefing Schedule signed by Senior Judge Lawrence K. KARLTON on 11/19/2008. Plaintiff's Reply Brief and Response to defendant's Counter-Motion is due 12/15/2008; defendant's Reply Brief in support of Counter-Motion is due 1/12/2009. The hearing on both pending 277 Motions is CONTINUED to 2/9/2009 at 10:00 AM in Courtroom 4 (LKK). (Marciel, M) (Entered: 11/19/2008)
  • 11/19/2008 SERVICE BY MAIL: 287 Stipulation and Order to revise Briefing Schedule served on George Wilson. (Marciel, M) (Entered: 11/19/2008)
    12/12/2008 288 JOINT STIPULATION TO REVISE BRIEFING SCHEUDLE by USA. Attachments:
  • # 1 Proposed Order (Shockey, Charles) Modified on 12/12/2008 (Benson, A). (Entered: 12/12/2008)
    12/15/2008 289 ORDER signed by Senior Judge Lawrence K. KARLTON on 12/15/2008 GRANTING 288 Stipulation and Proposed Order to revise briefing schedule; 12/22/2008- Plaintiff's reply brief and response to defendants counter-motion; 1/19/2009- Defendant's reply brief in support of his counter-motion. The hearing on both pending motions remains set for February 9, 2009, at 10:00 a.m. (Matson, R) (Entered: 12/15/2008)
  • 12/15/2008 SERVICE BY MAIL: 289 Order, served on George Wilson. (Matson, R) (Entered: 12/15/2008)
    12/22/2008 290 REPLY by USA to RESPONSE to 277 Motion to Amend. Attachments:
  • # 1 Certificate Plaintiff's Certificate of Service) (Shockey, Charles) (Entered: 12/22/2008)
    12/22/2008 291 DECLARATION of Charles R. Shockey in re 277 Motion to Amend. Attachments:
  • # 1 Exhibit 1,
  • # 2 Exhibit 2,
  • # 3 Exhibit 3,
  • # 4 Exhibit 4,
  • # 5 Exhibit 5,
  • # 6 Exhibit 6,
  • # 7 Exhibit 7,
  • # 8 Certificate Plaintiff's Certificate of Service (Shockey, Charles) (Entered: 12/22/2008)
    12/23/2008 292 JOINDER by Orland Unit Water Users Association in. Plaintiff's Reply Memorandum in Support of Motion to Amend Angle Decree Re: Place of Use and Response in Opposition to Defendant Barkley's Counter-Motion to Set Aside Angle Decree (Hitchings, Andrew) (Entered: 12/23/2008)

    2009

    01/19/2009 293 DEFENDANT'S REPLY to PLAINTIFF'S REPLY/RESPONSE 290 by Michael J. Barley. [sic, docket] (Barkley, Michael) Modified on 1/20/2009 (Becknal, R). (Entered: 01/19/2009)
    02/09/2009 294 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. KARLTON: MOTION HEARING held on 2/9/2009 re 277 Motion to Amend filed by USA. After oral argument, the motion stands SUBMITTED. Court order to follow. Plaintiffs Counsel Charles Shockey present. Defendants Counsel Michael Barkley present. Counsel Andrew Hitchings present. Court Reporter: C. Bodene. (Rivas, A) (Entered: 02/09/2009)
    02/11/2009 295 ORDER signed by Senior Judge Lawrence K. KARLTON on 2/11/09 ORDERING that pltf's motion to amend the Angle decree is GRANTED, and dft's motion to vacate the decree is DENIED. IT IS FURTHER ORDERED that the pltf's motion to establish a process for any future annexations and changes in the place of use of water rights under the Angle decree is GRANTED as stated in this order. (Kastilahn, A) (Entered: 02/11/2009)
  • 02/11/2009 SERVICE BY MAIL: 295 Order served on George Wilson. (Kastilahn, A) (Entered: 02/11/2009)
    02/13/2009 296 TRANSCRIPT of Proceedings held on 2-9-09, before Senior Judge Lawrence K. KARLTON, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/6/2009. Redacted Transcript Deadline set for 3/16/2009. Release of Transcript Restriction set for 5/14/2009. (Bodene, C) (Entered: 02/13/2009)
    02/17/2009 297 MOTION for RECONSIDERATION re 295 Order, by Michael J. Barkley. Motion Hearing set for 4/20/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. KARLTON. (Barkley, Michael) Modified on 2/18/2009 (Mena-Sanchez, L). (Entered: 02/17/2009)
    04/02/2009 298 RESPONSE by USA to 297 MOTION for RECONSIDERATION. Attachments:
  • # 298-1 Proposed Order(Shockey, Charles) Modified on 4/3/2009 (Kaminski, H). (Entered: 04/02/2009)
    04/03/2009 299 JOINDER by Orland Unit Water Users Association to Plaintiff's Response to Defendant's Motion to Reconsider (Hitchings,
  • 05/05/2009 SERVICE BY MAIL: 302 Order served on George Wilson. (Gaydosh, J) (Entered: 05/05/2009)
    04/10/2009 300 ORDER signed by Senior Judge Lawrence K. Karlton on 4/10/09 ORDERING that the hearing currently set for 4/20/09 297 is VACATED. The deadline for defendant to file its reply, if any, remains April 13, 2009. (Mena-Sanchez, L) (Entered: 04/10/2009) Andrew) Modified on 4/7/2009 (Mena-Sanchez, L). (Entered: 04/03/2009)
  • 04/10/2009 SERVICE BY MAIL: 300 Order, served on George Wilson. (Mena-Sanchez, L) (Entered: 04/10/2009)
    04/13/2009 301 REPLY by Michael J. Barkley to RESPONSE to Motion to reconsider order. 298 (Barkley, Michael) Modified on 4/22/2009 (Reader, L). (Entered: 04/13/2009)
    05/05/2009 302 ORDER signed by Senior Judge Lawrence K. Karlton on 5/4/09 DENYING the 297 motion for reconsideration. (Gaydosh, J) (Entered: 05/05/2009)
    05/26/2009 303 NOTICE of Payments Required Under Court Order to Water Master by USA. (Attachments:
  • #303-2 # 1 Notice of Payment,
  • #303-3 # 2 Certificate of Service)(Shockey, Charles) Modified on 5/28/2009 (Kaminski, H). (Entered: 05/26/2009)
    06/11/2009 304 LETTER from Michael J. Barkley addressed to George G. Wilson cc: Judge Karlton. (Kaminski, H) (Entered: 06/11/2009)
    06/17/2009 305 NOTICE of Payments Required Under the Order of this Court in re Compensation and Expenses of Water Master for Current Year by USA re 303 Notice - Other. (Attachments:
  • #305-2 # 1 Litigant Letter Letter to Clerk of the Court,
  • #305-3 # 2 Exhibit Letter from Water Master George Wilson,
  • #305-4 # 3 Certificate of Service)(Shockey, Charles) (Entered: 06/17/2009)
    06/18/2009 306 NOTICE of PAYMENTS REQUIRED signed by Clerk of Court, Victoria C. Minor re: 305 under the Order of this Court in relation to compensation and expenses of the Water Master for the current year. (Waggoner, D) (Entered: 06/18/2009)
    12/21/2009 307 MOTION [to] require changes in practices of the Water Master by Michael J. Barkley. Motion Hearing set for 2/8/2010 at 10:00 AM before Senior Judge Lawrence K. Karlton. (Attachments:
  • #307-2 # 1 Memorandum in support of Motion,
  • #307-3 # 2 exhibits in support of motion,
  • #307-4 # 3 proof of service, CM/ECF,
  • #307-5 # 4 proof of service, mail,
  • #307-6 # 5 proposed order)(Barkley, Michael) (Entered: 12/21/2009)

    2010


    01/22/2010 308, Joint Stipulation to Reschedule Hearing and Revise Briefing Schedule and Proposed Order
  • 308-2 Order Aproving Joint Stipulation to Reschedule Hearing and Revise Briefing Schedule [Proposed]
    01/25/2010 309, Order Aproving Joint Stipulation to Reschedule Hearing and Revise Briefing Schedule
    01/25/2010 310, United States’ Response to Defendant Barkley’s Motion to Require Changes in Practices of the Water Master
  • 01/25/2010 310-2, Declaration of George G. Wilson In Support of the Plaintiff United States of America's Opposition to Defendant Michael J. Barkley's Motion to Require Changes in Practices of the Water Master, Angle Decree Para XVI
  • 01/25/2010 310-3, Declaration of Charles R. Shockey in Support of United States’ Response to Defendant Barkley’s Motion to Require Changes in Practices of Water Master
  • 01/25/2010 310-4, Declaration of Charles R. Shockey in support of United States' Response to Defendant Barkley's Motion to Require Changes in Practices of Water Master, Exhibit A [Defendant's 01/05/2010 CPRA Petition to SWRCB; Defendant's comments before the SWRCB 01/05/2010]
  • 01/25/2010 310-5, Declaration of Charles R. Shockey in support of United States' Response to Defendant Barkley's Motion to Require Changes in Practices of Water Master, Exhibit B [Defendant's 01/12/2010 CPRA Petition for Reconsideration to SWRCB]
  • 01/25/2010 310-6, Declaration of Charles R. Shockey in support of United States' Response to Defendant Barkley's Motion to Require Changes in Practices of Water Master, Exhibit C [Defendant's 01/12/2010 CPRA Petition for Reconsiseration to SWRCB - Statement of Points and Authorities in Support of Legal Issues Raised in the Petition]
  • 01/25/2010 310-7, Order Denying Defendant Michael J. Barkley’s Motion to Require Changes in Practices of the Water Master [Proposed]
  • 01/25/2010 310-7WP, Order Denying Defendant Michael J. Barkley’s Motion to Require Changes in Practices of the Water Master [Proposed] [Word Perfect version for the Judge]
  • 01/25/2010 310-8, CERTIFICATE OF SERVICE
    01/25/2010 311 Orland Unit Water Users Association and Glenn-Colusa Irrigation District’s Joinder to United States’ Response to Defendant Barkley’s Motion to Require Changes in Practices of the Water Master
    03/22/2010 312 Defendant Michael J. Barkley's Reply Brief in Support of Motion to Require Changes in Practices of the Water Master
  • 03/22/2010 312-2 Exhibits in Support of Defendant's Reply Brief on his Motion to Require Changes in Practices of the Water Master
    04/05/2010 313 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 4/5/2010 re 307 Motion to Require Changes in Practices of the Water Master filed by Michael J. Barkley. After oral argument, the motion stands SUBMITTED. Court order to follow. Plaintiffs Counsel Charles Shockey, Andrew Hitchings (for OUWUA [& GCID] ) present. Defendants Counsel Michael Barkley present. Court Reporter: C. Bodene. (Rivas, A) (Entered: 04/06/2010)
    04/19/2010 314 NOTICE by USA re: defendant's filing of State Court Petition for Writ of Mandate pertaining to 307 Motion to Require Changes in Practices of the Water Master, 310 Opposition to Motion, 312 Reply to Response to Motion, and 313 Motion Hearing. (Attachments:
  • 314-2 # 1 Exhibit A - Cover Sheet,
  • 314-3 # 2 Exhibit A - Defendant Barkley's State Court Petition for Writ of Mandate) (Shockey, Charles) Modified on 4/20/2010 (Marciel, M). (Entered: 04/19/2010)
    04/21/2010 315 TRANSCRIPT of Proceedings Re: Motion to Require Changes held on April 5, 2010, before Senior Judge Lawrence K. Karlton, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/12/2010. Redacted Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for 7/20/2010. (Bodene, C) (Entered: 04/21/2010)
    04/28/2010 316 ORDER signed by Senior Judge Lawrence K. Karlton on 4/27/2010 ORDERING that Defendant Barkley's 307 motion to require changes in the practices of the Water Master is DENIED WITHOUT PREJUDICE, as explained above. Barkley and the United States SHALL file briefs not to exceed ten (10) pages addressing the manner in which parties may bring actions seeking to enforce the limits imposed by the Decree. Such briefing SHALL be filed within twenty-eight days of the date of this order. Barkley MAY file a counterclaim for declaratory judgment as to whether parties to the Decree may store Decree water. Barkley MAY file a counterclaim for declaratory judgment as to whether the Decree adjudicates underflow. Such counterclaim SHALL NOT be filed until Barkley's proceedings before the SWRCB in connection with this issue are complete. (Duong, D) (Entered: 04/28/2010)
    04/28/2010 SERVICE BY MAIL: 316 Order served on George Wilson. (Duong, D) (Entered: 04/28/2010)
    05/25/2010 317 BRIEF on Remedies by Michael J. Barkley. (Barkley, Michael) (Entered: 05/25/2010)
    05/25/2010 318 RESPONSE by USA to 316 Order Regarding Process to Enforce Decree.(Shockey, Charles) Modified on 5/27/2010 (Kastilahn, A). (Entered: 05/25/2010)
    06/14/2010 319 NOTICE re: 314 Dismissal of defendant's State Court Petition by USA. (Attachments: # 1 Notice Settlement and Dismissal of State Court Petition) (Shockey, Charles) Modified on 6/15/2010 (Marciel, M) (Entered: 06/14/2010)
  • 319-2 copy of Defendant's State Court paperwork
    06/14/2010 320 NOTICE 306 of Payment required by Court Order by USA. (Shockey, Charles) Modified on 6/15/2010 (Marciel, M). (Entered: 06/14/2010)
  • 320-2 (Attachments: # 1 Annual Notice of Payment,
  • 320-3 # 2 Notice of Payments required to compensate Water Master George Wil,
  • 320-4 # 3 Certificate of Service) signed by Clerk of Court, Victoria C. Minor under the Order of this Court in relation to compensation and expenses of the Water Master for the current year re: 320 . (Donati, J) (Entered: 06/30/2010)
    06/30/2010 321 NOTICE of PAYMENTS REQUIRED signed by Clerk of Court, Victoria C. Minor under the Order of this Court in relation to compensation and expenses of the Water Master for the current year re: 320 . (Donati, J) (Entered: 06/30/2010)
    06/30/2010 SERVICE BY MAIL: 321 Notice - Other served on George Wilson. (Donati, J) (Entered: 06/30/2010)
    07/26/2010 322 ORDER signed by Senior Judge Lawrence K. Karlton on 7/26/2010 ORDERING that for the reasons stated above, if Barkley desires to continue to litigate this matter, he is directed to file a cross complaint seeking declaratory relief together with any other relief that he contends is appropriate.(Duong, D) (Entered: 07/26/2010)
    07/26/2010 322-2 SERVICE BY MAIL: 322 Order served on George Wilson. (Duong, D) (Entered: 07/26/2010)

    [NOTE: keeping track of CM/ECF Numbers can be tricky; for instance Doc received as 298-2 is stored by the court as 298-1; doc shown on CM/ECF as Part 1 is stored as 298-0 ]

    Return to Stony Creek Water Wars.

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