THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
Amendment to Amended Complaint
[A transcription of the document on file in the Angle Archives
First Amendment to Amended complaint (of Complaint plus 3 Amendments); adds
paragraphs Va - Vk, for the rights and systems that Reclamation purchased:
Stony Creek Irrigation Company and the underlying Hall & Scearce rights
(and obligations), and Lemon Home Water Power & Light Co.
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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[Blue cover:]
No. 30 - Equity
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IN THE DISTRICT COURT
OF THE UNITED STATES
FOR THE
Northern Dist. of California
Second Division
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THE UNITED STATES OF AMERICA,
vs.
H.C. ANGLE, et al.,
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AMENDED TO
AMENDED COMPLAINT
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Filed Jan 16 1923
W.B. Maling, Clerk
ByThomas J. Franklin Deputy
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[inside cover]
Service of copy hereof acknowledged this 12th day of October, 1922.
/s/ Hankins & Hankins
/s/ Frank Freeman
/s/ Howard J. Peirsol
/s/ McCoy & Gans
/s/ [Frank Freeman again?]
/s/ Claude F. Purkitt
/s/ Thos. Rutledge
/s/ Duard F. Geis
/s/ William E. Johnson
/s/ W.B. Kollmyer
/s/ H.S. Young
/s/ Thomas A. Berkabile
/s/ H.T. Hiatt
It is certified that copies hereof were also furnished to C.L. Witten and
Brown and Albery who failed to [?] this endorsement hereon by inadvertence.
/s/ Oliver P. Morton
[end of cover]
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[A second stipulation attached to a different copy of the amendment of
the amended complaint, in addition to the one inside the cover quoted above,]
[a second blue cover:]
No. 30 - Equity
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IN THE DISTRICT COURT
OF THE UNITED STATES
FOR THE
Northern Dist. of California
Second Division
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THE UNITED STATES OF AMERICA,
vs.
H.C. ANGLE, et al.,
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STIPULATION FOR AMENDMENT OF
AMENDED COMPLAINT
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Filed Jan 16 1923
W.B. Maling, Clerk
ByThomas J. Franklin Deputy
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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
DOCKET NO. 30.
STIPULATION FOR AMENDMENT OF
AMENDED COMPLAINT.
It is hereby stipulated and agreed between Plaintiff and the defendants
represented herein by the undersigned solicitors that the amended complaint
herein shall be amended by the addition of paragraphs Va to Vk, inclusive,
attached hereto by copy, and by the addition of another paragraph or paragraphs
alleging, and making a claim for, a water right for the so-called Grindstone
Indian Reservation (consisting of eighty acres at the junction of Grindstone
and Stony Creeks - S-1/2 SE-1/4 Section 15, T. 21 N., R. 6 W., M.D.B. & M.,)
[ but not with this amendment: Aug. 25, 1924 - Adds paragraphs Vl - Vr ,
Grindstone Indian Reservation] ;
That such amendments, and every material allegation thereof, shall be deemed
and held to have been denied and put in issue by each and every of said
defendants, and the issues so made may be tried and determined in this
cause as if made by way of the first amended complaint and the answers
thereto.
Dated October 12th, 1922
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/s/ John T. Williams
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United States Attorney
/s/ Oliver P. Morton
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Special Assistant to the
Attorney General.
Solicitors for Plaintiff.
/s/ C.L. Witten
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/s/ Hankins & Hankins
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/s/ McCoy & Gans
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/s/ Brown & Albery
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/s/ Howard J. Peirsol
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/s/ Frank Freeman
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/s/ Thos. Rutledge, by Frank Freeman
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/s/ H.T. Hiatt
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/s/ Claude F. Purkitt
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/s/ Duard F. Geis
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/s/ William E. Johnson
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/s/ W.B. Kollmyer
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/s/ H.S. Young
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/s/ Thomas A. Berkabile
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Solicitors for Defendants
It is so ordered.
/s/ Wm. C. Van Fleet
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Judge.
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[end attachment to second copy of Amendment in the record]
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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
DOCKET NO. 30.
AMENDMENT TO AMENDED COMPLAINT.
Va.
The plaintiff is also the owner of certain other rights to the use of the
waters of Stony Creek and its tributaries, and in that relation alleges
the facts to be as follows:
Vb.
That one Laban Scearce and one James Giles in the year 1864 constructed
diversion works on Stony Creek in the SW 1/4 SE 1/4 of Section 29,
Township 23 North, Range 4 W., M.D.B. & M., and a canal leading therefrom
in a general southeasterly direction for a distance of approximately
three miles; that plaintiff is informed and believes and upon information
and belief alleges that said canal and diversion works at the time of their
construction had a capacity of 7 cubic feet per second and that it was the
intention and purpose of the builders thereof to appropriate, divert and use
water from Stony Creek to the extent necessary to irrigate, and thereby to
raise crops upon 485 acres of land described as follows: lying and
[page one]
being in those portions of Sections 32, 33, and 34 in T. 23 N., R. 4 W.,
M.D.B. & M., and of Section 2 in T. 22 N. R. 4 W., between the said canal
and the south or west bank of Stony Creek; that water was first diverted
and applied to the irrigation of said lands through and by means of said
structures in the year 1864 and that some 20 or 30 acres of said lands were
irrigated in said year, and that the irrigated area of same has been
consistently and diligently increased since said date until 160 acres thereof
were irrigated in or before the year 1906; that James Giles in the year 1872
conveyed his interest in said canal and water right to one A.L. Hall and
said A.L. Hall and Laban Scearce, by themselves or their successors in
interest, in turn thereafter conveyed said diversion works and upper portion
of said canal and rights of way therefor to the Stony Creek Irrigation
Company, subject to the condition that said company would in turn deliver
to them amounts of water for the irrigation of said lands as hereinafter
more particularly alleged and described.
Vc.
That a corporation named and designated Stony Creek Irrigation Company was
organized under the laws of the State of California on the 20th day of
January 1888, and on January 27, 1888 said company duly posted on the
stream at the point of diversion hereinafter named, and duly filed for
record in the County of Tehama, California, an appropriation notice
appropriating 15,000 miner’s inches of the waters of Stony Creek and its
tributaries, and thereupon and immediately thereafter, and within the time
prescribed by law, commenced and carried to completion the construc-
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tion of diversion works at a point on Stony Creek situate in the SW 1/4
SE 1/4 of Section 29, T. 23 North, Range 4 W., M.D.B. & M., and a canal
having a capacity of 100 cubic feet per second, leading from said point in
a southeasterly direction for a distance of 9-1/2 miles; that the
construction of said diversion works and canal was completed in the year
1889, and same, with the construction of necessary extensions and laterals
of the system as needed, all in accord with the original plan, were capable
in 1906 of irrigating some 8000 acres of land; and that water in pursuance of
said appropriation notice, and of the intention evidenced by the construction
of said canal, was diverted and carried through and by means of said
structures and applied with due diligence to the irrigation of the lands
thereunder; that said canal as originally constructed was capable of
irrigating more than 4000 acres of land, and plaintiff is informed and
believes and therefore alleges upon information and belief that it was the
intention and purpose of the said company in any event at the time of its
said notice and first canal construction and first diversion of water through
and by means of said canal, to irrigate and apply water to beneficial use
upon at least 4000 acres in the following legal subdivisions: That part of
T. 22 N., Ranges 2 and 3 West, lying south of Stony Creek and parts of
Sections 11, 12 and 13 in T. 22 N., R. 4 W., M.D.B. & M.; that 50 acres of
said land were irrigated in and before the years 1889 and 1890 and that the
area of land irrigated by means of said structures was continuously and
diligently increased during the succeeding years until and up to the years
1906 and 1907 when 495 acres of said lands had been irrigated thereby, and
valuable crops raised thereon by that means.
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Vd.
That said stony Creek Irrigation Company posted at said point of diversion
and filed for record in the County of Tehama appropriation notices, including
the one above named, as follows:
January 27, 1888, Notice appropriating 15,000 miner’s inches, recorded in
Book "F" at page 62 of said records, and set out in Exhibit "A", attached
hereto and made a part hereof;
May 15, 1888, Notice appropriating 15,000 miner’s inches, recorded in Book
"F" at page 100 of said records and set out in Exhibit "B", attached
hereto and made a part hereof;
June 16, 1900, Notice appropriating 100,000 miner’s inches, recorded in
Book "H" page 79 of said records, and set out in Exhibit "C" attached hereto
and made a part hereof;
and that plaintiff is informed and believes and therefore upon information
and belief alleges that the construction of said diversion works and canal
and laterals, and the application of water thereby to beneficial use in the
irrigation of said lands as above described, was done in pursuance of said
notices, and as to each notice without waiver of any rights initiated by
those that were prior in time,
Ve.
That said Stony Creek Irrigation Company during the month of May 1904, in
pursuance of its plan to achieve economies and practical benefits in the
matter of the diversion and carriage of water, entered into contracts
respectively with the hiers of Laban Scearce and of
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A.L. Hall aforesaid whereby and whereunder the company was entitled to and
did make use of the diversion works and upper portion of the so-called Hall
& Scearce canal above described as a part of its said irrigation system,
and thereupon improved and enlarged said diversion works and the upper
portion of said canal to a capacity equivalent to that of its former works,
and caused the same to be. incorporated within its said irrigation system and
connected therewith, and thereafter used the same as a part of its said
system in the diversion and carriage of water; that each of said last named
contracts carried and contained conveyances from the said heirs of Laban
Scearce and A.L. Hall of the water right or rights under said Hall & Scearce
canal and rights of way therefor, and agreements by said company to deliver
water to certain water users under said canal as follows:
(1) To the heirs of Laban Scearce, 125 miner’s inches from the beginning of
each irrigation season to July 1, and for the balance of said irrigation
season 75 miner's inches of water for use upon the following described lands:
250 acres, lying and being in the SE 1/4 SE 1/4 Section 33, SW 1/4 SW 1/4
Section 34, T. 23 N., R. 4 W., and that portion of Section 3, T. 22 N.,
R. 4 W., M.D.B. & M., lying between said Hall & Scearce ditch and the south
or west bank of Stony Creek;
(2) To the heirs of A.L. Hall, 125 Miner’s inches from the beginning of
each irrigation season to July 1, and for the balance of said irrigation
season 75 miner’s inches of water for use upon the following described
lands: 235 acres, lying
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and being in those portions of Sections 32, 33 and 34, T. 23 N., R, 4 W.,
M.D.B. & M., (excepting the SE 1/4 S 1/4 said Section 33, and SW 1/4 SW 1/4
said Section 34) lying between said Hall & Scearce ditch and the south or
west bank of Stony Creek;
that the agreements aforesaid between said company and the heirs of Laban
Scearce and of A.L. Hall are set out in Exhibits "D" and "E" which are
attached hereto and made a part hereof, Exhibit "E" also including a
supplemental contract between said company and the heirs of A.L. Hall,
dated March 23, 1905;
Vf.
That plaintiff on the 14th day of September 1907, in pursuance of its plan
to irrigate the lands of the Orland Project as hereinabove described, and
in order to have the advantage and benefit of the prior rights of said
Stony Creek Irrigation Company to the waters of Stony Creek and its
tributaries, entered into an agreement with said company whereby and
whereunder the United States agreed to purchase and said company agreed
to sell its water rights, canals, and laterals, irrigation system, and all
rights of way therefor, for the consideration named therein, said agreement
being set out in Exhibit "F" hereto attached and made a part hereof, and
wherein the plaintiff recognized those certain contracts aforesaid between
said company and the heirs of Laban Scearce and the heirs of A.L. Hall;
that in pursuance of said agreement with the Stony Creek Irrigation Company,
said company on May 21, 1909, executed and delivered its deed to its said
water rights and system and rights of way therefor to the plaintiff, which
said deed is recorded at book 29,
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Deeds, page 131 of the records of Glenn County, and set out in Exhibit "G"
attached hereto end made a part hereof.
Vg.
That plaintiff immediately upon entering into said contract with the Stony
Creek Irrigation Company took control of the said irrigation system from
said company and caused same to be incorporated within and made a part of
the larger irrigation works of the Orland Project; and in pursuance of and
in accord with the original intention and purpose of said Stony Creek
Irrigation Company thereafter continuously and under the rights and
priorities of said company diverted and carried water through and by means
of said system to the lands theretofore irrigated under the system of said
company and with all due diligence has continuously since said date caused
additional areas of the lands intended to be irrigated by said company as
aforesaid to have water beneficially applied thereto for the irrigation
thereof, so that of the aforesaid 4000 acres of the lands intended to be
irrigated, 3200 acres are now irrigated and by that means valuable crops
have been grown on the whole thereof; and plaintiff and its predecessors
in interest has thereby and by that means applied to beneficial use thereon
40 cubic feet per second of the waters of Stony Creek and its tributaries;
that plaintiff with all due diligence is proceeding to apply water to the
remaining portion of said 4000 acres intended to be irrigated as aforesaid
to the end that the same shall be irrigated through and by means of the
rights acquired from said company as of priority of January 27, 1888, to
the additional extent of 10 cubic feet per second of said waters, making
a total priority therein as of said date
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for 50 cubic feet per second; that the said Stony Creek Irrigation Company
and plaintiff, ever since the making of the aforesaid contracts with the
heirs of Hall and Scearce, have delivered to them the water called for in
said contracts as needed, and same, as plaintiff is informed and believes
has been applied to a beneficial use for the irrigation of their lands,
reference being made in this relation to the answers thereof on file in
this suit.
Vh.
That a corporation, designated the Lemon Home Water Power & Light Company,
was organized under the laws of the State of California in or sometime prior
to the month of May 1897, and said company through Thomas Brown, its
secretary, caused appropriation notices to be posted on the north bank of
Stony Creek at a point in the NE 1/4 NW 1/4 of 16 Section 1, T. 22 N.,
R. 4 W., M.D.B. & M., and caused same to be recorded in the records of
Glenn County, as follows:
May 4, 1897, Notice appropriating 10,000 miner's inches of the waters of
Stony Creek and its tributaries, for the irrigation of the lands on the
north side of Stony Creek in Township 22 North, Ranges 3 and 4 W.,
recorded in book 1 at page 383, Records of Glenn County, and set out in
Exhibit "H" hereto attached and made a part hereof;
September 11, 1900, Notice appropriating 10,000 miner’s inches of the
waters of Stony Creek and its tributaries, recorded in Book 1, page 541,
Records of Glenn County, and set out herein as Exhibit "I" attached hereto
and made a part hereof;
That plaintiff is informed and believes and therefore upon information and
belief alleges that it was the original intention and purpose of said last
named company, and of
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Thomas Brown, acting for and in its behalf, when posting and filing said
notices to irrigate at least 560 acres of land in the following named
sections:
Township 23 North, Range 4 West, Section 36;
Township 23 North, Range 3 West, Section 3l;
Township 22 North, Range 4 West, Section 1;
and
Township 22 North, Range 3 West, Sections 5 and 6;
that in filing the said appropriation notice of September 11, 1900, there
was no intention to waive the rights and priorities based upon the earlier
notice; that in pursuance of said notices and particularly that of
May 4, 1897, the Lemon Home Water Power & Light Company forthwith and during
the year 1897, at the diversion point above described, caused diversion works
to be constructed and a canal leading therefrom in a general northeasterly.
and easterly direction to be built with a capacity of 100 cubic feet per
second; that 5 miles of said canal were completed by the spring of the
year 1899 and water was appropriated and diverted from Stony Creek thereby
and carried therein and used for the irrigation of 50 acres of land in that
year, and has been continuously and diligently so used and applied to
beneficial use in the irrigation of the lands above described in increasing
amounts upon increasing areas within said tracts until more than 102 acres
were irrigated during the years 1901 to 1906 and 1907, 1.3 cubic feet per
second of water being diverted from Stony Creek and applied to beneficial
use on said area;
Vi.
That plaintiff on the 27th day of September 1907, in pursuance of its plan
to irrigate the lands of the Orland Project as hereinabove described and in
order to have the advantage and benefit of the prior rights of said Lemon
Home Water Power & Light Company to the waters of Stony
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Creek and its tributaries, entered into a contract with the said Lemon Home
Water Power & Light Company whereby and whereunder the United States agreed
to purchase and said company agreed to sell its water right, canals and
laterals, irrigation system, and all rights of way therefor, for the
consideration therein named; said agreement being set out in Exhibit "J"
hereto attached and made a part hereof; that in pursuance of said agreement
said company on March 26, 1910, executed and delivered its deed to its water
rights and system and rights of way therefor, to the plaintiff, which said
deed is recorded at Book 32 of Deeds, Page 176, of the records of Glenn
County, and set out in Exhibit "K" attached hereto and made a part hereof.
Vj.
That plaintiff immediately upon entering into said contract with the Lemon
Home Water Power & Light Company took control of the said irrigation system
from said company and caused same to be incorporated within and made a part
of the larger irrigation works of the Orland Project; and in pursuance of
and in accord with the original intention and purpose of said Lemon Home
Water Power & Light Company thereafter continuously and under the rights and
priority of said company diverted and carried water through and by means of
said system to the lands theretofore irrigated under the system of said
company and with all due diligence has continuously since said date caused
additional areas of the lands intended to be irrigated by said company as
aforesaid to have water beneficially applied thereto for the irrigation
thereof, so that the aforesaid 560 acres of the
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lands thus intended to be irrigated are now and have continued to be irrigated
and by that means valuable crops have been grown on the whole thereof; that
plaintiff thereby and by that means applied to beneficial use thereon 7
cubic feet per second of the waters of Stony Creek and its tributaries with
a priority date of May 4, 1897.
Vk.
That by reason of the facts and things alleged in paragraphs numbered Va
to Vj hereof plaintiff, in addition to and in conjunction with its rights,
appropriations and reservations hereinbefore described, is now the owner of
rights and priorities in and to the use of the waters of Stony Creek and its
tributaries as follows, to-wit:
(1) The right to divert and use 250 miner’s inohes, under four inch
pressure, of the waters of Stony Creek and its tributaries and from the
natural flow thereof, through and by means of the South Diversion Dam and
canal of the Orland Project, from the beginning of the irrigation season up
to July 1 of each year, and 150 miner’s inches under four inch pressure from
July 1 of each year to the end of said irrigation season, with a priority
for said right of 1864.
(2) The right to divert and use 50 cubic feet per second of the waters of
Stony Creek and its tributaries and from the natural flow thereof, through
and by means of the South Diversion dam and canal of the Orland Project,
during each irrigation season, with a priority for said right of the date
of January 27, 1888;
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(3) The right to divert and use 7 cubic feet per second of the waters of
Stony Creek and its tributaries and from the natural flow thereof, through
and by means of the North Diversion dam and canal of the Orland Project,
during each irrigation season, with a priority for said right of the date
of May 4, 1897.
[ Amendment not signed. ]
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(Exhibit "A")
Water Claim
Dated January 27th, 1888.
The Stony Creek )
Irrigation Co. )
To all whom it may concern:
Notice is hereby given that; The Stony Creek Irrigation Company (a
corporation, duly incorporated and acting under the laws of the State of
California) claims water flowing in Stony Creek, to the extent of 15000
inches, to be measured under a four inch pressure. The said water to be
taken out of said Stony Creek on the South side between the points of the
Stony Creek Buttes at the head of the Hall & Scearce ditch on John Towles
place in Twp. 23 N. R. 4 West, M.D.B. & M.
The means by which the said water is to be diverted is by enlarging the ditch
now in use by A.L. Hall and L. Scearce, to a sufficient capacity to carry
the said 15000 inches of water over and above the present capacity of said
ditch.
The purposes for which said water is intended to be used are for sale and
distriution, for irrigation, agricultursl, horticultural, manufacturing
and domestic uses.
The place of intended use of said water is on and within the boundaries of the
East half of Township 22 N. R. 4 West; Township 22 N. R. 3 West; and West
half of Township 22 N. R. 2 West, M.D.B. & M. in Colusa County, State of
California.
Dated this January 27th, 1888.
C. B. Ashurst, President of the
Stony Creek Irrigation Co.
State of California )
County of Tehama ) ss.
G.W. Murdock, being duly sworn, says tnat the annexed instrument is a true
copy of the notice posted by me, on January 27th, 1888, at a point on Stony
Creek, where the head of a ditch, known as the Hall & Scearce ditch,
intersects the said Stony Creek, in Tehama County, State of California.
G. W. Murdock.
Subscribed and sworn to before me this 26th day of January, 1888.
(seal) Thos. Nicholls, Notary Public.
Recorded at request of C.B. Ashurst, Jan. 28, 1888 at 8 o’clock P.M.
C.T. Alvord, Recorder,
By T.M. Eby, Deputy.
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(Exhibit "B")
Water Claim
Dated May 15th, 1888.
The Stony Creek )
Irrigation Com- )
pany. )
To all whom it may concern:
Notice is hereby given that the Stony Creek Irrigation Company, a Corporation
duly incorporated and acting under the laws of the State of California,
claims the water flowing in Stoney [sic] Creek to the extent of Fifteen
thousand (15000) inches to be measured under a four inch pressure.
The said water to be taken out of said Stoney Creek on the South side between
the points of the Stoney Creek Buttes about seventy-five feet North of the
head of the Hall & Scearce Ditch on John Towles place in Tp. 23 N. R. 4 West,
M. D. B. & M. Tehama County Cal.
The means by which said water is to be diverted is by a ditch of sufficient
size and capacity to carry the said fifteen thousand inches of water.
The purposes for which said water is intended to be used, is for sale and
distribution, for irrigation, agricultural, horticultural, manufacturing,
milling and domestic uses. The place of intended use of said water is on
and with the boundaries of the
East half of Township 22 North Range 4 West M.D.M.
Township 22 North Range 3 West M.D.M.
and West Half of Township 22 North Range 2 West M.D.M.
in Colusa County, California.
Dated this 15th day of May, 1888.
C.B. Ashurst
President of the Stoney Creek
Irrigation Company.
State of California )
County of Colusa ) ss.
G.W. Murdock being duly sworn says the within is a true copy of the notice
posted by me at a point of intended diversion of water about Seventy feet
North of the head of the Hall & Scearce ditch on John Towles place in Twp.
23 N. R. 4 West in Tehama Co., Cal.
G.W. Murdock
Subscribed and sworn to before me this the 16th day of May 1888.
Thomas Nicholls
Notary public
Recorded at Request of C.B. Ashurst, May 21st 1888 at 55 min. past 9
o’clock A.M.
C. T. Alvord., Recorder.
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(Exhibit "C")
Notice of Appropriation of Water.
To Whom It May Concern:-
All persons are hereby notified that the Stoney [sic] Creek Irrigation
Company, a corporation duly organized under the laws of the State of
California, and whose principal place of business is at Willows, in the
County of Glenn, State of California, hereby claims the water flowing in
Stoney Creek in the State of California, at the point of diversion
hereinafter named, to the extent of One Hundred Thousand Miner Inches to
be measured under a four inch pressure; said Water to be diverted from said
Creek where the said Stoney Creek Irrigation Company now divert [sic] its water in
the South East Quarter of Section twenty nine (29), in township twenty three
(23) north Range four West, Mount Diablo Base and Meridian in the County of
Tehama, State of California.
Said Water is to be used for the purposes of Irrigation on the lands in
the whole of Townships Nineteen (19), twenty (20), twenty one (21), and
twenty two (22), North Range Three (3) West, and the whole of Townships
nineteen (19), twenty (20), twenty-one (21), and twenty two (22) North,
Range Four (4) West Mount Diablo Base and Meridian.
The means by which said Corporation intends to divert said water is through
the ditch now known as the Stoney Creek Irrigation Company's Ditch, the
size of which will be twenty five (25) on the bottom, thirty feet on the top,
and five feet in depth.
Dated June 16, 1900.
Stoney Creek Irrigation Company,
By T.J. Kirkpatrick,
President.
State of California, :
County of Glenn : ss.
J. B. Morrissey being first duly sworn, says; that on the 16th day of June,
1900, he posted the original of the annexed Notice of Appropriation of Water,
at the place where the Stoney Creek Irrigation Company now diverts its Water
from Stoney Creek Irrigation Company now diverts its Water from Stony Creek
[sic, the repeated text] in the Southeast Quarter of Section Twenty-nine (20)
[sic] in Township twenty three (23) North, Range Four (4) West, Mount Diablo
Base and Meridian, in Tehama County, California, by tacking the said original
notice on the head gate of said Stoney Creek Irrigation Company at said place;
the said place being the place mentioned in said notice where the water
appropriated therein would be diverted.
J.B. Morrissey
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Subscribed and sworn to before me this 18 the [sic] day of June, 1900.
H. J. Hicks
Notary Public.
(SEAL)
State of California. )
County of Glenn. ) ss.
On the 18th day of June 1900, A.D. One Thousand nine Hundred before me,
H.J. HICKS, a Notary Public in and for the County of Glenn, State of
California, residing therein, duly commissioned and qualified, personally
appeared J. B. Morrissey known to me to be the person whose name is
subscribed to, and who executed the annexed instrument and he acknowledged
that he executed the same.
(SEAL)
In Witness Whereof, I have hereunto set my hand, and affixed my Official
Seal, the day and year in this Certificate first above written.
H. J. Hicks
Notary Public in and for the County of Glenn,
State of California.
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(Exhibit "D")
THIS AGREEMENT MADE THIS 16th day of May 1904, BETWEEN STONY CREEK
IRRIGATION COMPANY, a corporation organized and doing business under the
laws of the State of California with its principal place of business at
Willows in Glenn County California the party of the first part, and MARY
J. SCEARCE, W.E. SCEARCE, OLIVE SCEARCE, ALICE SCEARCE and MABEL SCEARCE,
all the heirs at law of Laban Scearce deceased parties of the second part,
WITNESSETH:
THAT WHEREAS, the said party of the first part is the owner of a certain
water ditch or canal taken from the South bank of Stony Creek in the County
of Tehama in said Section 29 township twenty-three (23) north range four
(4) west M.D.B.& M. and running thence into the said Glenn County and is
engaged in the business of furnishing and distributing water to various
persons along said line of ditch or canal.
AND WHEREAS, the said parties of the second part as the heirs of Laban
Scearce deceased are the owners of an undivided one half of a certain water
ditch also taken from the South bank of Stony Creek in said County of Tehama
and at a point immediately above the head of said ditch or canal of said
party of the first part, said ditch having been heretofore used for
irrigation and other purposes upon the ranches formerly owned by A.L. Hall
and Laban Scearce; and
WHEREAS, said ditch and the right-of-way therefore are described in a
certain instrument executed by James J. Elmore to Laban Scearce and James
K. Giles dated March 5th 1867 and recorded in Book F of Deeds page 342
records of Tehama County.
AND WHEREAS, the said ditch or canal of the said party of the first part
crosses or passes under the said ditch of the said parties of the second
part at a distance of about 300 yards from the points of diversion at said
Creek.
WHEREAS, the said party of the first part is desirous of changing the head
of its said ditch or canal at the point of diversion at said creek to the
place now occupied by the head of the said ditch of the said parties of the
second part and at the point of diversion at said creek of said last named
ditch and of acquiring said ditch from the head thereof and point of
diversion at said creek down to the place of said crossing.
NOW THEREFORE it is hereby agreed by and between the said parties hereto as
follows to-wit:
-1-
1.- The said party of the first part agrees that as soon as practicable
after this date it will change the head and point of diversion of its
said ditch or canal at said creek to said place now occupied by the head
and point of diversion of said ditch of said second parties and that it
will occupy and use so much of the said right-of-way as it can conveniently
do from the said head and point of diversion to the said crossing;
2.- The said, first party agrees to furnish and turn out and deliver to the
said second parties from the main ditch of the first party at any point along
said main ditch which may be selected by second parties in sections three (3)
four (4) five (5) nine (9) and ten (10) in township twenty-two (22) north
range four west M.D.B.& M. 125 inches of water measured under a four inch
pressure, from the beginning of each irrigation season to the 15th of July
of each year and 75 inches of water measured under a four inch pressure from
the 15th day of July of each year to the end of the irrigation season. The
irrigation season is to commence each year as early in the spring as it may
be practical for the said first party to get water into said ditch or canal
from said Stony Creek, said time not to be later than May 1st of each year
and said season is to extend to such time in the fall as the rain shall
commence and furnish water for all necessary purposes without resort with
the ditch or canal.
It is also understood and agreed that the said parties of the second part
shall have the right and privilege to have and to take water from said
ditch or canal for the watering of stock and domestic uses during the time
between the end of said irrigating season of any given year and the beginning
of such season the following year whenever there is water flowing in said
ditch or canal the amount so taken out not to exceed 125 inches measured
under a four inch pressure.
The said water is to be measured through an opening or orifice in a box
or other device suitable for such purposes. The said opening or orifice is
to be 25 inches wide and five inches deep for the discharge of the said
125 inches of water and to be 25 inches wide and three inches deep for the
discharge of the said 75 inches of water. The said box or other device for
the discharge and delivery of said water is to be made and placed in the bank
of the ditch of the first party at the place selected by the second parties
and as long as the second parties receive the water from the said ditch at
the place selected in the first instance, the first party
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shall take care of and maintain said box or other device. But in the event
that the second parties shall conclude hereafter to change the point at
which they shall divert said water, which right and privilege the second
parties shall have, then in that event any new box or other device for
taking out said water at any new point of diversion shall be placed in
the bank of said ditch and maintained at the cost and expense of second
parties.
3.- The said second parties for and in consideration of the agreements
herein before made by the first party to be kept and performed by it,
herein agree to grant, bargain, sell and convey and they do hereby grant,
bargain, sell and convey to the said party of the first part and to its
successors and assigns all of their right, title and interest as heirs at
law of Laban Scearce deceased and otherwise in and to the water, water
rights, and ditch and right-of-way herein before mentioned and being at and
in Stony Creek and extending from said Creek and from the said head of
their said ditch and the said point of diversion at said Creek down to the
said crossing herein before mentioned, including the said head of said ditch
and point of diversion and the right to take water from said Creek. The said
right-of-way herein granted and conveyed is that certain strip of land 100
feet wide mentioned in the aforesaid instrument executed by James J. Elmore
to Laben Scearce and J.K. Giles from said Stony Creek to the said crossing
the same lying and being along the west side of and adjoining the
right-of-way now owned by the said party of the first part.
Provided that this grant and conveyance is upon the express condition that
if the said first party its successors or assigns should at any time fail
to furnish and deliver to said second parties or their assigns the water
as hereinbefore provided then in such event the grant and conveyance herein
made by the said second parties to the said first party shall become null
and void, and all of the water and water rights and ditch and right-of-way
and head of ditch and point of diversion and right to take water from said
Creek granted and conveyed herein shall revert and become the property of
said second parties and their assigns together with all improvements made
or being thereon. And in case of such reversion the said second parties and
their assigns shall have the perpetual right to run and conduct water in
and to the said ditch or canal of said first party from the said creek to
the said crossing.
It is understood and agreed however that this provision of forfeiture and
reversion is not to be applied and enforced if from extreme draught or other
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unavoidable cause there should not be sufficient water in the creek at the
said proposed new place of diversion to supply the same to said second
parties. In case there should be such a shortage of water or failure of
supply in said creek, then the first party should furnish to said second
parties as much of said designated amounts of water as can be gotten from
said creek by the usual methods employed and to be employed in taking water
therefrom into the said ditch or canal.
It is expressly understood and agreed that the water herein agreed by first
party to be furnished to second parties shall not at any time be used on any
other lands than lands now owned by the second parties as the heirs of Laban
Scearce deceased.
These agreements are to apply to and bind, the successors and assigns, and
the executors, administrators heirs and assigns of the respective parties
hereto.
IN WITNESS WHEREOF the said party of the first part by resolution of its
Board of Directors has caused this agreement to be executed by its President
and Secretary and its corporate name and seal to be affixed thereto and said
second parties have hereunto affixed their names and seals in duplicate the
day and year first above written.
Stony Creek Irrigation Company
By T.J. Kirkpatrick, President.
Attest:
Charles L. Donohoe, Secretary
(Corporate)
(Seal )
Mary J. Scearce
W. E. Scearce
Olive Scearce
Alice Scearce
Mabel Scearce.
State of California :
County of Glenn : ss
On this 16th day of May 1904 before Clara O’Brien a notary Public in and
for the County of Glenn personally appeared T.J. Kirkpatrick known to me to
be the President and Charles L. Donohoe known to me to be the secretary
of the Stony Creek Irrigation Company the corporation that executed the
within instrument and acknowledged to me that such corporation executed
the same.
IN WITNESS WHEREOF I have hereunto set my hand and seal the day and year
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in this certificate first above written.
Clara O’Brien,
Notary Public.
State Of Californnia, :
County of Glenn. : ss.
(Notary’s)
( Seal )
On this 14th day of May in the year one thousand nine hundred and four before
me, T.J. Hicks a Notary Public in and for said County, residing therein,
duly commissioned and sworn, personally appeared Mary J. Scearce, W.E.
Scearce, Olive Scearce, Alice Scearce and Mabel Scearce known, to me to be
the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same.
In witness Whereof, I have hereunto set my hand and affixed my official
Seal, at my office in the County of Glenn the day and year in this
Certificate first above written.
T. J. Hicks Notary Public,
in and for said Glenn County, State of California.
Recorded at the Request of Bank of Orland, May 20 1904 at 17 min. past
5 o’clock P.M., in liber "I" of Miscellaneous Records page 147, Records
of Tehama County.
W.A. Fish, Recorder,
By E. DeShields, Deputy.
Fee $3.00
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(Exhibit "E")
THIS AGREEMENT, made this 9th day of May 1904, between Stony Creek
Irrigation Company, a corporation organized and doing business under the
laws of the State of California with its principal place of business at
Willows, in Glenn County, California, the party of the first part, and Mrs.
Amanda Hall, W.R. Hall, J.J. Hall and C.M. Hall, heirs and distributees of
tue estate of A.L. Hall, deceased, the parties of the second part,
WITNESSETH:
That Whereas, the said party of the first part is the owner of a certain
Water Ditch or Canal taken from the South bank of Stony Creek, in the County
of Tehama, in Section Twenty-nine, Township Twenty-three North of Range
Four West, M.D.M., and running thence into the said County of Glenn, and is
engaged in the business of furnishing and distributing water to various persons
along the line of said Ditch or Canal;
And Whereas, the said parties of the second part, as the heirs and
distributees of A.L. Hall, deceased, and the estate of Laban Scearce, deceased,
are the owners of a certain water ditch also taken from the south bank of
Stony Creek, in the said County of Tehama, and at a point immediately above
the head, of the said ditch or canal of the said party of the first part,
said ditch having been heretofore used for irrigation and other purposes
upon the ranches formerly owned by said A.L. Hall and Laban Scearce; and
Whereas, the said ditch and the right of way therefor are described in a
certain instrument executed by James J. Elmore to Laban Scearce and J.K.
Giles, dated March 5th, 1867, and recorded in Book "F" of Deeds, at page 342,
Records of said County of Tehama, and described also in that certain
instrument executed by J.K. Gilea to A.L. Hall, dated Jan 15th, 1875, and
recorded in Book "I" of Deeds, at page 373, Records of said County of
Tehama.
And Whereas, the said Ditch or Canal of the said party of the first part
crosses or passes under the said ditch of the said parties of the second
part at a distance of about three hundred yards from the points of diversion
at said Creek;
And Whereas, the said party of the first part is desirous of changing the
head of its said Ditch or Canal and the points of diversion at said creek
to the place now occupied by the head of the said ditch of the said parties
of the second part and to the point of diversion at said creek of last
named ditch; and of acquiring the right of way and property of the said
parties of the second part and to their said ditch from the said head thereof
and point of diversion at said Creek down to the place of said crossing,
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NOW, THEREFORE, It is hereby agreed by and between the said parties hereto
as follows, to wit:
1. The said first party agrees that as soon as practicable after this date
it will change the head and point of diversion of its said ditch or canal
at said Creek to the said place now occupied by the head and point of
diversion of said ditch of said second parties, and that it will occupy and
use so much of the said right of way as it can conveniently do from the
said head and point of diversion to the said crossing; such change is to
be made before the commencement of the irrigating season of the year 1905.
2. The said first party agrees to furnish and turn out and deliver to the
said second party at the place of said crossing one hundred twenty-five
(125) inches of water, measured under a four inch pressure, from the
beginning of each irrigating season to the 15th day of July of each year,
and seventy-five (75) inches of water, measured under a four inch pressure,
from the 15th day of July of each year until the end of the irrigating
season. The irrigating season is to commence each year as early in the
spring as it may be practicable for the said first party to get water into
said ditch or canal from said Stony Creek, said time to be not later than
May 1st of each year, and the said season is to extend to such time in
the fall as the rains shall commence and furnish water for all necessary
purposes without resort to the ditch or canal. It is also understood and
agreed that the said second parties shall have the right and privilege to
have and take water from the said ditch or canal, for the watering of stock
and domestic uses, during the time between the end of said irrigating
season of any given year and the beginning of such season the following
year, whenever there is water flowing in said ditch or canal, the amount
so taken not to exceed one hundred and twenty-five (125) inches, measured
under a four inch pressure.
The said water is to be measured and delivered through an opening or
orifice in a box, or other device suitable for such purpose, and into the
ditch of said second parties at said crossing. The said opening or orifice
is to be twenty-five (25) inches wide and five inches deep for the discharge
of the said one hundred twenty-five (125) inches of water, and to be
twenty-five inches wide and three inches deep for the discharge of said
seventy-five inches of water. The said box or other device for the discharge
and delivery of said water is to be made and maintained by said first party.
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The place for the discharge and delivery of said water at said crossing
is to be kept and maintained at such height as that water may be conveyed
therefrom to and upon the lands of the said second parties for irrigation
as heretofore, except for the irrigation of about five or six acres in the
North West corner of the Old Apricot Orchard.
3. The said second parties for and in consideration of the agreements
hereinbefore made by the said first party to be kept and performed by it,
agree to grant, bargain, sell and convey, and they do hereby grant,
bargain, sell and convey to the said first party, and to its successors
and assigns, all of their right, title and interest in and to the said
water and water right and ditch and right of way hereinbefore mentioned
and being at and in Stony Creek and extending from said Creek and from
the said head of their said ditch and the said point of diversion at
said Creek down to the said crossing and to the place where the water is
to be discharged and delivered to them as aforesaid, including the said
head of said ditch and point of diversion and the right to take water from
said Creek. The said right of way herein granted and conveyed is that
certain strip of land one hundred feet wide mentioned in the aforesaid
instruments executed by James J. Elmore and J.K. Giles from said Stony
Creek to the crossing, the same lying and being along the West side of
and adjoining the right of way now owned by the said first party;
PROVIDED, and this grant and conveyance is upon the express condition,
that if the said first party, its successors or assigns, should at any time
fail to furnish and deliver to the said second parties, or their assigns,
the water as hereinbefore provided, then and in such event the grant and
conveyance herein made by the said second parties to the said first party
shall become null and void, and all of the water and water right and ditch
and right of way and head of ditch and point of diversion and right to take
water from said Creek granted and conveyed herein shall revert to and become
the property of the said second parties and their assigns, together with all
improvements made and being thereon. And in case of such reversion, the said
second parties and their assigns shall have the perpetual right to run and
conduct water in and through the said ditch or canal of the said first
party from the said Creek to the said crossing and to discharge the same
into their ditch at the said place.
It is understood and agreed, however, that this provision of forfeiture and
reversion is not to be applied and enforced, if from extreme drougbt or
other unavoidable cause there should not be sufficient water in the Creek
at the said
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proposed new place of diversion to supply the same to the said second parties.
In case there should be such shortage of water or failure of supply in
said Creek, then the said first party should furnish to said second parties
as much of said designated amounts of water as can be gotten from said
Creek by the usual methods employed and to be employed in taking water
therefrom into said ditch or canal.
These agreements are to apply to and bind the successors and assigns, and
the executors, administrators, heirs and assigns of the respective parties
hereto.
IN WITNESS WHEREOF, the said party of the first part, by Resolution of its
Board of Directors, has caused this Agreement to be executed by its
President and Secretary, and its corporate name and seal to be affixed
hereto, and said second parties have hereunto affixed their names and seals
in duplicate, the day and year first above written.
Stony Creek Irrigation Company,
By T.J. Kirkpatrick, President.
Attest:
Charles L. Donohoe, Secretary.
Mrs. Amanda Hall
W.R. Hall
J.J. Hall
C.M. Hall
State of California, :
County of Glenn : -ss
On this 16th day of May 1904 before me Clara O’Brien a Notary Public in
and for the County of Glenn personally appeared T.J. Kirkpatrick known to
me to be the President and Charles L. Donohoe known to me to be the Secretary
of the Stony Creek Irrigation Sompany [sic], the Corporation that executed
the within instrument and acknowledged to me that such corporation executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in
this certificate first above written.
Clara O’Brien.
Notary Public.
(SEAL)
State of California, :
County of Glenn. : -ss
On this 20th day of May in the year one thousand, nine hundred and four
before me, T.J. Hicks a notary Public in and for said Glenn County, residing
therein, duly commissioned and sworn, personally appeared Mrs.
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Amanda Hall known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same.
In Witness Whereof, I have hereunto set my hand and affixed my Official Seal
at my office in the County of Glenn the day and year in this certificate
first above written.
(SEAL)
T.J. Hicks Notary Public,
in and for said Glenn County, State of California.
State of California, :
County of Tehama :- ss.
On this 23rd, day of May, A.D. one thousand nine hundred and four, before
me A.M. McCopy [sic], a Notary Public in and for said Tehama County, residing
therein, duly commissioned and sworn, personally appeared J.J. Hall known
to me to be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same.
In Witness Whereof, I have hereunto set my hand, and affixed my Official Seal,
at my office in the County of Tehama, on the day and year last above written.
(SEAL)
A.M. McCoy, Notary Public,
In and for the County of Tehama, State of California.
State of California, :
Town of Carters, :- ss
County of Tuolumne. :
On this 26th, day of May one thousand nine hundred and four, before me,
C.H. CARTER, a Notary Public in and for said Tuolumne County residing
therein, duly commissioned and sworn, personally appeared W.R. Hall known
to me personally to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same.
In Witness Whereof I have hereunto set my hand, and affixed my Official
Seal at my office in the town of Carters, County of Tuolumne, the day and
year in this certificate first above written.
(SEAL)
C.H. Carter, Notary Public,
In and for said Tuolumne County, State of California.
State of California, :
County of Solano. :- ss.
On this 28th day of May in the year one thousand nine hundred and four before
me, PETER SIEBE, a Notary Public in and for the Counnty of Solano, personally
appeared C.M. Hall of Cordelia, Solano County, Calif. known to me to be the
same person whose name is subscribed to the within instrument, and he duly
acknowledged to me that be executed the same.
In Witness Whereof, I have hereunto set my hand and affixed my Official Seal
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at my Office, in the County of Solano, the day and year in this Certificate
first above written.
(SEAL)
Peter Siebe Notary Public,
In and for the County of Solano, State of California.
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[ Exhibit "???" not marked ]
THIS AGREEMENT, made the 23rd day of March, l905, between the Stony Creek
Irrigation Company, a Corporation, organized and doing business under the
laws of the State of California, with its principal place of business at
Willows, in Glenn County, California, the party of the first part and
Mrs Amanda Hall, W.R. Hall, J.J. Hall and C.M. Hall, as heirs and
distributees of the estate of A.L. Hall, deceased, the parties of the
second part,
WITNESSETH: That Whereas, the said parties hereto, on the 9th day of May,
1904, made and entered into a certain agreement, concerning their water
ditches and water rights, at and about Stony Creek, in the County of Tehama,
said State, which said Agreement was, on June 16th, 1904, duly recorded
in Book "37" of Deeds, at page 454, Records of said County of Tehama, and
is hereby referred to and made a part hereof;
And, Whereas, the said parties hereto now desire to make some changes in
the said Agreement of mutual benefit to all concerned:
Now Therefore, it is hereby agreed by and between the said parties hereto,
as follows, to-wit:
1. That the place at which the said party of the first part is to furnish
and turn out and deliver to the said parties of the second part Water as
provided in said Agreement, shall be changed from the crossing mentioned in
said Agreement to a point and place upon the Canal of the said party of
the first part where the land of the said parties of the second part adjoins
the lands heretofore owned by J.A. Towle, the same being in the North East
quarter of Section Thirty-two in Township Twenty-three North of Range Four
West, M.D.M.
2. The said party of the first part is to make and construct a suitable and
proper ditch to convey the water to be furnished and turned out and delivered
as aforesaid from the said canal at the said new place of delivery across to
the old ditch of the said parties of the second part and it is to make and
maintain, the box or other device for the discharge and delivery of said
water, and it is to furnish the same in all respects as provided in the said
Agreement. The said change is to be made and the said new ditch completed
and the water furnished to the said parties of the second part in proper
time for the irrigation season of 1905 as provided in said Agreement.
3. The place for the discharge and delivery of the said water at the said
new place of diversion is to be kept and maintained at such height as that
water may be conveyed therefrom to and upon the land of the said second
parties for irrigation as
-1-
has heretofore be [sic] done by said second parties, except for the
irrigation of about five or six acres in the North West corner of the Old
Apricot Orchard.
The water from the said new place of diversion and in and through the said
new ditch to be made and constructed is to be delivered at the said old
ditch of the said parties of the second part at the elevation of the surface
of the ground at the said old ditch where the said new ditch shall empty
into the said old ditch, the said place being and to be near the Southwest
corner of the North West quarter of Section Thirty-three in Township
Twenty-three North of Range Four West, M.D.M. PROVIDED, that for the year
1905 the said party of the first part shall not be required, to deliver the
water at the said old ditch at a higher elevation than thirteen inches below
the surface of the ground at said place.
4. In case of the "Reversion" mentioned in the said Agreement the said
parties of the second part and their assigns shall have the perpetual right
to run and conduct water in and through the said canal of the said party
of the first part from the crossing to the said new place of diversion and
new ditch, and discharge the same therein, as is provided in said Agreement.
5. In consideration of the premises hereinbefore set forth, it is hereby
agreed that the time shall be extended to the said party of the first part
for the period of one year from the time fixed in the said Agreement in which
to "change the head and point of diversion of its said ditch or canal at the
said Creek to the said place now occupied by the head and point of diversion
of said ditch of said second party" as provided in said Agreement.
6. In all other respects than as hereinbefore mentioned and set forth the
said Agreement of May 9th, 1904, is to continue in full force and effect.
In Witness Whereof, the said party of the first part, by Resolution of its
Board of Directors, has caused this Agreement to be executed by its
President and Secretary, and its corporate name and seal to be affixed
thereto, and the said parties of the second part have hereunto affixed
their names and seals in duplicate, the day and year first above written.
Stony Creek Irrigation Company.
By T.J. Kirkpatrick President.
(Corporate Seal)
Attest:
Charles L. Donohoe Secretary.
Amanda Hall
W.R. Hall
C.M. Hall
J.J. Hall
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State of California, :
County of Glenn :- ss.
On this 29th day of March 1905, before me, Clara O’Brien, a Notary Public
in and for the County of Glenn aforesaid, personally appeared T.J.
Kirkpatrick and Charles L. Donohoe, known to me to be the President and
Secretary respectively, of the Stony Creek Irrigation Company, the
Corporation that executed the within instrument, and they duly acknowledged
to me that such corporation executed the same.
In Witness Whereof, I have hereunto set my hand and seal, at my office in the
said County of Glenn, the day and year in this certificate first above
written.
(SEAL)
Clara O’Brien Notary Public,
In and for the County of Glenn, State of California.
State of California, :
County of Glenn :- ss.
On the 3rd day of April A.D. One Theusand nine hundred and five before me
H.J. Hicks, a Notary Public in and for the County of Glenn, State of
California, residing therein duly commissioned and qualified, personally
appeared Amanda Hall known to me to be the person whose name is subscribed
to, and who executed the annexed instrument acknowledged that she executed
the same.
In Witness Whereof, I have hereunto set my hand and affixed my Official
Seal, the day and year in this Certificate first above written.
(SEAL)
H.J. Hicks Notary Public
In and for the County of Glenn, State of California.
State of California, :
County of Tuolumne. :- ss
On this 10th day of April, in the year one thousand nine hundred and five
before me, C.H. CARTER, a Notary Public in and for said Tuolumne County,
residing therein, duly commissioned and sworn, personally appeared W.R.
Hall known to me to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same.
In Witness Whereof, I have hereunto set my hand and affixed my Official Seal,
at my office in the town of Carters, County of Tuolumne, the day and year
in this certificate first above written.
(SEAL)
C. H. Carter Notary Public,
In and for said Tuolumne County, State of California.
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State of California, :
County of Solano :- ss.
On this 12th day of April in the year one thousand nine hundred and five
before me, PETER SIEBE, a Notary Public in and for the County of Solano,
personally appeared C.M. Hall of Cordelia, Solano County, California known
to me to be the same persou whose name is subscribed to the within
instrument, and he duly acknowledged to me that he executed the same.
In Witness Whereof, I have hereunto set my hand and affixed my Official Seal
at my office, in the County of Solano, the day and year in this Certificate
first above written.
(SEAL)
Peter Siebe Notary Public
In and for the County of Solano, State of California.
State of California, :
County of Tebama. :- ss.
On this 24th day of April, in the year one thousand nine hundred and five,
before me A.M. McCoy a Notary Public, in and for the County of Tehama
aforesaid, personally appeared J.J. Hall known to me to be the same person
whose name is subscribed to the within instrument, and hyr duly acknowledged
to me that he executed the same.
In Witness Whereof, I have hereunto set my hand and affixed my Official Seal,
at my office in the County of Tehama, the day and year in this Certificate
first above written.
(SEAL)
A.M. McCoy Notary Public
In and for the County of Tehama, State of California.
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[ Exhibit "F" ]
THIS AGREEMENT, made this 14th day of September, nineteen hundred and seven,
between the Stony Creek Irrigation Company, a corporation duly organized
and exixting under the laws of the State of California, its succeaars and
assigns, of the first part, and the UNITED STATES OF AMERICA and its assigns,
of the second part, acting in this behalf by F.H. Newell, Director of the
United States Reclamation Service, thereunto duly authorized by the
Secretary of the Interior.
1. WITNESSETH, that the party of the first part, in consideration of the
payment by the party of the second part of the sum of one dollar, the
receipt of which is hereby acknowledged, and of the premises and agreements
of the party of the second part, herein contained does hereby agree, upon the
terms and conditions hereinafter stated, to sell by good and sufficient deed
to convey to the United States of America, for the uses and purposes
contemplated by the act of Congress approved June 17, 1902 (32 Stat., 388),
known as the Reclamation Act, the following described real estate and
property situated in the Counties of Glenn and Tehama, State Of California,
to-wit:--
All that certain irrigation ditch or canal systen known as the Stony Creek
Irrigation Company Canal, now owned, controlled, or operated by the said
corporation, together with all water rights owned or claimed by said
corporation, and all its laterals, feeders, flumes, headgates, sluiceways,
rights of way, franchises, field notes and all other structures and property
both real and personal in any way thereto pertaining or used, in connection
with said canal and irrigating system or any part thereof.
2. The party of the first part further agrees to procure and have recorded,
where proper for record, all further assurance of title and affidavits as
may be necessary and proper to show clear title unincumbered in said party
of the first part to said premises, and have prepared and submit abstract
of title for examination by the proper officials in Washington, D.C. on or
before July 1, 1908; and upon demand of the party of the second part on or
before February 1, 1909, to execute and deliver, a good and sufficient deed
of warranty which shall convey a good title to said premises, free of lien
or incumbrance, to the said United States for the uses and purposes
contemplated by said act of Congress.
3. It is Farther Agreed that the party of the second part may take full
possession of the said premises and perform thereon any work of construction,
enlargement or change which it may deem proper on or after October 1, 1909,
pending the delivery of deed and payment of the purchase price, in case
there may be an extension of the time of this agreement, as hereinafter
mentioned; and in such event the party of the second part
-1-
shall maintain the said irrigation system at its own expense and shall be
entitled to all rents, revenue and receipts therefrom: Provided that if
title to said premises shall be transferred to the party of the second part
prior to October 1, 1909, the party of the the first part shall retain
possession thereof until October 1, l909, and maintain the canal system
in good condition and shall until said date, be entitled to all rents,
revenues and receipts therefrom.
4. In consideration whereof the said party of the second part agrees that
the United States will purchase said property upon the terms herein expressed,
and that, upon the execution and delivery of a deed in accordance with this
Agreement, it will canse to be paid to the said party of the first part as
the full purchase price of said property, and in full payment for all
damage arising from the use of the same for the purposes aforesaid, the
sum of Twenty-five Thousand Dollars, in cash or by disbursing officer's
check.
It Is Further Mutually Agreed that liens or incumbrances existing against
said premises may, at the option of the party of the second part, be
removed, at the time of conveyance by reserving the amounts necessary from
the purchase price and discharging the same with the moneys so reserved,
but this provision shall not be contrued to authorize the incurrence of
any lien or incumbrance as against this Agreement, nor as an assumption
of the same by the United States.
5. It is Understood and Agreed that the United States shall be bound by
the provisions of the following four agreements, copies of which are hereto
attached:
First: An indenture, dated April 17, 1890, between John A. Towle and the
Stony Creek Irrigation Company:
Second: An Agreement, dated May 16, 1904, between the Stony Creek Irrigation
Company and Mary J. Scearce, W.E. Scearce, Olive Scearce, Alice Scearce
and Mabel Scearce, all the heirs at law of Laban Scearce, deceased:
Third: an Agreement, dated May 9th, 1904, between the Stony Creek Irrigation.
Company and Mrs. Amanda Hall, W.R. Hall, J.J. Hall and C.M. Hall, heirs
and distributees of the estate of A.L. Hall, deceased
Fourth: An agreement, dated March 23rd, 1905, between the Stony Creek
Irrigation Company and Mrs. Amanda Hall, W.R. Hall, J.J. Hall and C.M. Hall,
as heirs and distributees of the estate of A.L. Hall, deceased.
6. This Agreement shall not operate to bind the United States to purchase said
-2-
premises until it shall be aprroved by the Secretary of the Interior,
whose approval or disapproval will be signifed within three months from
the date hereof; and the date of execution and delivery of the deed may,
at the option of the party of the Second part, be extended for a period
equal to any delay caused by perfecting title in the party of the first
part.
7. The provisions of this Agreement shall be binding upon and shall insure
[sic] to the successors and assigns of the party of the first part, and the
assigns of the United States.
IN WITNESS WHEREOF: the parties to this Agreement have hereunto set their
hands the day and year first above written.
Stony Creek Irrigation Company,
By T.J. Kirkpatrick, President.
Charles L. Donohoe, Seoretaxy,
Party of the first part.
(SEAL)
(Sgd) F.H. Newell
Director, U S. Reclamation Service
For and on behalf of the United
States, party of the second part.
Approved this twenty-first day of October, 1907.
(Sgd,) James Rudolph Garfield.
Secretary of the InterIor.
F.H.N.
G.W.W.
STATE OF CALIFORNIA :
COUNTY OF GLENN : SS.
On this 21st day of September, in the year one theusaad nine hundred and
seven, before me Mollie Lohse a Notary Public, in and for the said County
of Glenn, duly comissioned and sworn, personally appeared T.J. Kirkpatrick
and Charles L. Donohoe, known to me to be the President and Secretary of
the corporation that executed the within instrument and acknowledged to me
that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal at my office in the said County of Glenn, the day and year in this
certificate first above written.
Mollie Loshe [ sic ],
Notary Public.
In and for the County of Glenn, State of California.
My commission expires September 11, 1909.
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STATE OF CALIFORNIA :
COUNTY OF GLENN. : ss.
I, the undersigned, Secretary of the Stony Creek Irrigation Company, a
corporation, duly organized and existing under the laws of the State of
California, do hereby certify,
That at a meeting of the Board of Directors of said corporation held at
the office of said corporation, on the 21st day of September, 1907, the
following resolution was offered by Director J.B. Morrissey, and seconded
by Director Charles L. Donohoe and unanimously adopted by the said Board
to-wit:-
Whereas, the United States of America acting in this behalf by F.H. Newell
Director of the United States Reclamation Service thereunto duly authorized
by the Secretary of Interior, desires to obtain from this corporation, an
option to purchase from said corporation all that certain irrigation ditch
or Canal system known as the Stony Creek Irrigation Company Canal now owned
by said corporation, together with all water rights owned or claimed by said
corporation, and all its laterals, flumes, head-gates, sluiceways, rights of
way, franchises, field notes and all other structures and property both real
and personal in any way thereto pertaining or used in connection with said
Canal and Irrigation system or any part, thereof, and,
Whereas, this corporation desires to grant to the United States of America
acting in this behalf by F.H. Newell, Director OF THE United States
Reclamation Servioe thereunto duly authorized by the Secretary of Interior,
such an option to purchase said property of said corporation.
NOW THEREFORE, be it resolved that the Stony Creek Irrigation Company, a
corporation duly organized and existing under the laws of the State of
California to make, execute and deliver to the United States of Anerica
and its assigns acting in this behalf by F.H. Newell Director of the United
States Reclamation Service thereunto duly authorized by the Secretary of
the Interior, an option to purchase the aforesaid described properties of
this corporation for the sum of $25,000.00 in accordance with the terms and
conditions of a certain agreement, which said agreement as adopted in the
aforesaid resolution is identical in words and figures with the agreement
hereunto attached.
That said resolution of said Board of Directors further provided, that the
President and Secretary of this corporation be, and they are hereby
authorized, and directed to this day execute and deliver to the United
States of America, or its
-4-
duly authorized representatives, the said option agreement hereinbefore
fully set out
IN WITNESS WHEREOF, I have hereunto set my hand and attached the official
seal of said corporation this 14th day of September, 1907.
Charles L. Donohoe, Secretary.
(SEAL)
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(Exhibit "G")
DEED
This Deed, made this 21st day of May in the year of our Lord, One Thousand
Nine Hundred and nine Between the STONY CREEK IRRIGATION COMPANY, a
corporation duly organized and existing under the laws of the State of
California and having its principal place of business in the counties of
Glenn & Tehama, California of the first part, and the UNITED STATES OF
AMERICA of the second part,
Witnessetb, that the said party of the first part, for and in consideration
of the sum of Twenty Five thousand dollars ($25,000) to the said party of
the first part in hand paid in pursuance of the provisions of the Act of
June 17, 1902 (32 Stat., 388) by the party of the second part, the receipt
whereof is hereby confessed and acknowledged, has granted, bargained,
sold, and conveyed, and by these presents does grant, bargain, sell and
convey and confirm unto the paid [sic] party of the second part, and to its
heirs and assigns forever, All the following described real estate and
property, situate, lying and being in the Counties of Glenn and Tehama and
State of California, to-wit:
All that certain Irrigation Ditch or Canal system known as the Stony Creek
Irrigation Company Canal, now owned, controlled or operated by the said
Corporation, together with all water rights owned or claimed by said
Corporation and all its laterals, feeders, flumes, headgates, sluice ways,
rights of way, franchises, field notes and all other structures and property
both real and personal in any way thereto pertaining or used in connection
with said Canal or Irrigation system or any part thereof and all the estate,
right, title, interest, claim, and demand whatsoever of the said party of
the first part, either in law or equity, of, in and to the above bargained
premises, with the hereditamants and appurtances [sic].
TO HAVE AND TO HOLD the said premises above bargained and described, with
the appurtances [sic] unto the said party of the second part and its assigns
forever. And the said Stony Creek Irrigation Company, party of the first
part, for its self, its successors and assigns, does covenant, grant,
bargain and agree to and with the said party of the second part and its
assigns, that at the time of the ensealing and delivery of these presents,
it is well seized of the premises above conveyed, as of good, sure, perfect,
absolute and indefeasable estate of inheritance, in law, in fee simple,
and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens,
taxes, assessments and incumbrances of whatever kind and nature so ever,
except that the party of the second part shall be borned [?] by [the
provisions of the follow-]
-1-
[ This filing is at b6 Large Brown Envelope #1, and b4 27/39 - in each, the
second page is from the other, and since they were differing typewriting
"runs", there is a slight discontinuity due to margins on each p. 1 ]
[the provisions of the follow-] ing four agreements:
FIRST: An Indenture dated April 17, 1890, between John A. Towle and The
Stony Creek Irrigation Company.
SECOND: An Agreement dated May 16, 1904 between the Stony Creek Irrigation
Company and Mary J. Scearce, W.E. Scearce, Olive Scearce, Alice Scearce
and Mabel Scearce all the heirs at law of Laban Scearce, deceased.
THIRD: An Agreement dated May 9, 1904, between the Stony Creek Irrigation
Company and Mrs. Amanda Hall, W.R. Hall, J.J. Hall and C.M. Hall, as heirs
and distributees of the estate of A.L. Hall, deceased.
FOURTH: An Agreement dated March 23, 1905, between the Stony Creek Irrigation
Company and Mrs. Amanda Hall, W.R. Hall, J.J. Hall and C.M. Hall; as heirs
and distributees of the Estate of A.L. Hall, deceased.
And the above bargained premises in the quiet and peaceable possession of
the said party of the second part and its assigns, against all and every
person or persons, lawfully claiming or to claim the whole or any part
thereof, the said party of the first part shall and will WARRANT and
FOREVER DEFEND.
In Witness Whereof, the said party of the first part has hereunto caused
its corporate name to be subscribed by its President and attested by its
Secretary and its corporate seal to be affixed hereto, the day and year
first above written.
Stony Creek Irrigation Company (SEAL)
By J.B. Morrissey president of the Stony
Creek Irrigation Company (SEAL)
(CORPORATE SEAL)
Attest:
Charles L. Donohoe, Secretary of the Stony Creek Irrigation Company,
SIGNED, SEALED and DELIVERED in the PRESENCE of
J.N. Scribner of Orland, Glenn Co., Cal.
A.H. Quatman of Willows, Cal..
State of California, )
County of Glenn ) ss.
On this 21st day of May A.D. One Thousand Nine Hundred and Nine, before me,
Mollie Lohse, personally appeared J.B. Morrissey known to me to be the
President of the Corporation who executed the within instrument in behalf
of the Corporation therein named, and acknowledged to me that such
corporation executed the same.
Mollie Lohse, Notary Public
In and for the County of Glenn, State of California.
(SEAL)
My Commission expires Sept. 11, 1909.
Recorded at request of J.B. Morrissey May 21st A.D. 1909 at l3 miirntes past
3 o’clock P.M. in Book 29 Of Deeds page 131, Records of Glenn County.
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(Exhibit "H")
Water Notice
Notice is hereby given that the undersigned claims Ten Thousand inches
of water under a four inch pressure to be taken out of Stony Creek on the
land belonging to the San Fraacisco Savings Union in Section One (1) Township
Twenty-two (22) North Range Four West near a high bluff bank.
That he intends to use said water for irrigation purposes on lands in
Township Twenty two North of Ranges Three and Four West and on the North
side of Stony Creek in Glenn County California.
That he intends to divert said water from Stony Creek and conduct it in a
ditch Twenty feet wide on the bottom with a two to one slope to the lands
to be irrigated.
Dated this 4th day of May, 1897. Thos. Brown.
Recorded at the request of Ben F. Geis, May 6, A.D., 1897, at 40 minutes
past 8 o’clock A.M. in Book 1 of Miscellaneous Records page 383 Records of
Glenn County.
John H. Graves,
County Recorder.
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(Exhibit "I")
Notice of Appropriation of Mater
To whom it may concern:
Notice is hereby given that the undersigned claims ten thousaid inches of
water measured under a four inch pressure, here flowing in Stony Creek, to
be taken out of said creek at the point where the Lemon Home Water Power
and Light Company, a Corporation now diverts its water from said creek to-wit:
Upon the Northwest quarter of Section one, Township Twenty-two North Range
four West M.D.B. & M., near a high bluff bank in the County of Glenn, State
of California.
That he intends to use said water for irrigation purposes on the lands in
Townships twenty-two and twenty-three, Ranges two and three West and Township
twenty-two North Range four West M.D.B. & M. in said Glenn County and Tehama
County on the north side of said Stony Creek.
That the means by which he intends to divert said water is by a bed rock
dam across said creek at said point of diversion, built fron the bedrock
in the bottom of the channel of said creek up and through the deposits of
sand, gravel and boulders in the bed of said creek to and above the surface
of said deposits; and that be intends to divert said water from said Stony
Creek and conduct it in a ditch, twenty feet wide on the bottom, 30 feet
wide on the top and 6 feet deep to the lands to be irrigated.
Dated this 11th day of September, 1900.
Thos Brown
Recorded at request of Wm. M. Finch, Sept. 12, A.D. 1900 at 30 minutes past
10 o’clock A.M. in Book 1 of Miscellaneous Records page 541 Records of Glenn
County.
John H. Graves, County Recorder
By. E.M. Collins, Deputy Recorder.
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(Exhibit "J")
THIS AGREEMENT, made this 27th day of September, (1907) nineteen hundred
and seven, between the LEMON HOME WATER POWER & LIGHT COMPANY, a corporation
duly organized and existing under the laws of the State Of California, its
successors and assigns, of the first part, and the UNITED STATES OF AMERICA,
and its assigns, of the second part, acting in this behalf by David C. Henny
of the United States Reclamation Service, thereunto duly authorized by the
Secretary of Interior,
WITNESSETH, That the party of the first part, in consideration of the
payment by the party of the second part of the sum of one dollar, the
receipt of which is hereby acknowledged, and of the promises and
agreements of the party of the second part herein contained, does hereby
agree, upon the terms and conditions hereinafter stated, to sell and by
good and sufficient deed to convey to the United States of America, for the
uses and purposes contemplated by the act of Congress approved June 17, 1902,
(32 Stat. 388) known as the Reclamation Act, the following described real
estate and property situated in the Counties of Glenn and Tehama, State of
California, to-wit:
All that certain irrigation ditch or canal system known as the Lemon Home
Canal, now used, controlled, or operated by the said corporation, together
with all water rights owned or claimed by said corporation, and all its
laterals, feeders, flumes, headgates, sluiceways, rights of way, franchises,
field notes, and all other structures and property both real and personal
in any way thereto pertaining or used in connection with said canal or
irrigating system, or any part thereof.
2. The party of the first part further agrees to procure and have recorded,
where proper for record, all further assurances of title and affidavits as
may be necessary and proper to show clear title unincumbered in said party
of the first part to said premises and have prepared and submit abstract of
title for examination by the proper officials in Washington D.C. on or before
July 1, 1908; and upon demand of the party of the second part, on or before
February 1, 1909, to execute and deliver a good and sufficient deed of
warranty which shall convey a good title to said premises, free of lien or
incumbrance, to the United States, for the uses and purposes contemplated
by said act of Congress.
3. It is further agreed, that the party of the second part may take full
possession of the said premises and perform thereon any work of construction,
enlargement or change which it may deem proper on or after October 1, 1909,
pending the delivery of deed and payment of the purchase price, in case
there may be an extension of the time
-1-
of this agreement, as hereinafter provided; and in such event the party of
the second part shall maintain the said irrigation system at its own
expense and shall be entitled to all rents, revenues and receipts therefrom;
Provided that if title to said premises shall be transferred to the party
of the second part prior to October 1, 1909, the party of the first part
shall retain possession thereof until October 1, 1909, and maintain the
said Canal system in good condition, and shall until said date be entitled
to all rents, revenues and receipts therefrom.
4. In consideration whereof the said party of the second part agrees that
the United States will purchase said property upon the terms herein
expressed, and that, upon the execution and delivery of a deed in
accordance with this agreement, it will cause to be paid to said party
of the first part as the full purchase price of said property, and in
full payment for all damage arising from this use of the same for the
purposes aforesaid THE sum of fifteen thousand two hundred and fifty
($15250.00) dollars, in cash or by disbursing officer’s check.
5. It is further Mutually Agreed that liens or incumbrances existing against
said premises may, at the option of the party of the second part, be removed
at the time of conveyance by reserving the amounts necessary from the
purchase price and discharging the same with the moneys so reserved; but
this provision shall not be construed to authorize the incurrence of any
lien or incumbrance as against this Agreement, nor as an assumption of the
same by the United States.
6. This agreement shall not operate to bind the United States to purchase
said premises until it shall have been approved by the Secretary of the
Interior, whose approval or disapproval will be signified within three
months from the date hereof; and the date of execution and delivery of
the deed may, at the option of the party of the second part, be extended
for a period equal to any delay caused by perfecting title in the party of
the first part.
7. The provisions of this agreement shall be binding upon and shall insure
[sic] to the successors and assigns of the party of the first part, and the
assigns of the party of the first part [sic, duplicate phrase?], and the
assigns of the United States.
IN WITNESS WHEREOF, the parties of this agreement have hereunto set their
hands the day and year first above written.
Lemon Home Water Power and Light Company,
By (Sgd.) Frank L. Spencer
President
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and (Sgd) Thomas Brown.
- Secretary
Party of the First part
The metal seal of
this corporation
destroyed by fire.
(SEAL)
(sgd.) David C. Henny
For and on behalf of the United
States, Party of the second part.
Approved this 5th day of December, 1907.
Sgd) Frank Pierce
Acting Secretary of Interior.
STATE OF CALIFORIA. :
County of Sacramento : SS
On this 2nd day of October in the year one thousand nine hundred and seven,
before me, E.L. Hawk (Sgd) a Notary Public, in and for the said County of
Sacramento duly oommissioned and sworn, personally appeared Frank L. Spencer
(Sgd), known to me to be the President of the corporation that executed the
within instrument and acknowledged to me that such corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal at my office in the said County of Sacramento, the day and year in
this certificate first above written.
(Sgd) E.L. Hawk
Notary Public
In and for the County of Sacramento, State of California.
My commission expires October 24th, 1909.
STATE OF CALIFORNIA :
COUNTY OF GLENN : SS
On this 1st day of October in the year one thousand nine hundred and Seven
before me T.J. Hicks (Sgd), A Notary Public, in and for the said County
of Glenn duly commissioned and sworn, personally appeared Thomas Brown
(Sgd) known to me to be the Secretary of the corporation that executed the
within instrument and acknowledged to me that such corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
at my office in the said County of Glenn, Ca1. the day and year in this
certificate first above written.
(Sgd) T.J. Hicks
Notary Public.
In and for the County of Glenn, State of California,
My commission expires November 7th, 1910.
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STATE OF CALIFORNIA :
COUNTY OF GLENN : SS
I, the undersigned, Secretary of the Lemon Home Water Power & Light Company,
a corporation, duly organized and existing under the laws of the State of
California, do hereby certify,
That at a meeting of the Board of Directors of said corporation, held at the
office of said corporation, on the 27th day of September, l907, the following
resolution was offered by A. Hochheimer, and seconded by David Brown and
unanimously adopted by the said Board to-wit:
WHEREAS the United States of America acting in this behalf by David C.
Henny of the United States Reclamation Service thereunto duly authorized
by the Secretary of Interior, desires to obtain from this corporation,
an option to purchase from said corporation, all that certain irrigation
ditch or Canal system known as the Lemon Home Water Power & Light Company
now owned by said corporation, together with all water rights owned or
claimed by said corporation, and all its laterals flumes, headgates,
sluiceways, rights of way, franchises, field notes and all other structures
and property both real and personal in any way thereto pertaining or used
in connection with said Canal and Irrigation system or any part thereof,
and
WHEREAS this corporation desires to grant to the United States of America
acting in this behalf by David C. Henny OF THE United States Reclamation
Service thereunto duly authorized by the Secretary of Interior, such an
option to purchase said property of said corporation.
NOW THEREFORE, be it resolved that the Lemon Home Water Power & Light
Company, a corporation duly organized and existiug under the laws of the
State of California do [sic] make, execute and deliver to the United States of
America and its assigns acting in this behalf by David C. Henny of the
United States Reclamation Service thereunto duly authorized by the
Secretary of Interior, an option, to purchase the aforesaid described
properties of this corporation for the sum of $l5250.00 in accordance with
the terms and conditions of a certain agreement which said agrreement as
adopted in the aforesaid resolution is identical in words and figures with
the agreement hereunto attached.
That said resolution of said Board of Directors further provides that the
President and Secretary of this corporation be, and they are hereby
authorized and directed to this day execute and deliver to the United
States of America, or its duly authorized representatives, the said option
agreement hereinbefore set out.
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IN WITNESS WHEREOF, I have hereunto set my hand and attached the official
seal of said corporation this 27th day of September, 1907.
(Sgd.) Thomas Brown
Secretary,
LEMON HOME WATER POWER & LIGHT COMPANY
The metal seal of this
corporation was destroyed by fire.
(SEAL)
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(Exhibit "L")
THIS INDENTURE, Made the 26th day of March one thousand nine hundred and
[sic, missing] Between the LEMON HOME WATER POWER & LIGHT COMPANY, a corporation
duly organized and existing under the laws of the State of California, its
successors and assigns, the party of the first part, and the United States
of America, and its assigns the party of the second part,
Witnesseth, That the said part of the first part, for and in consideration
of the sum of fifteen thousand two hundred and fifty ($15250.00) in the gold
coin of the United States of America, to it in hand paid in pursuance of
the provisions of the Act Of June 17, 1902 (32 Stat. 388) by the said party
of the second part, the receipt whereof is hereby acknowledged, does by
these presents grant, bargain, sell, convey and confirm unto the said party
of the second part, and to its assigns forever, the following described real
estate and property situated in the Counties of Glenn and Tehama, State of
California, to-wit:
All that certain irrigation ditch or Canal system known as the Lemon Home
Canal, now owned, used, controlled, or operated by the said corporation,
together with all water rights owned or claimed by said corporation, and
all its laterals, feeders, flumes, head gates, sluiceways, levees, rights
of way, franchises, field notes, and all other structures and property
both real and personal in any way thereto pertaining or used in connection
with said canal or irrigating system, or any part thereof, the said real
property and rights of way to include those certain premises shown upon
four blue print maps entitled "Center line tangents of North Canal and
right of way of Lemon Home Canal" and dated March 20, 1909, hereto attached
and hereby made a part of this conveyance.
Together with all and singular the tenements, hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, and the rents, issues, and
profits thereof.
TO Have and to Hold, all and singular the above-mentioned and described
premises, together with the appurtenances, unto the said party of the
second part, and to its assigns forever. And the said party of the first
part, and its heirs, the said premises in the quiet and peaceable possession
of the said party of the second part its assigns, against the said party of
the first part, and its heirs, and against all and every person and persons
whomsoever, lawfully claiming or to claim the same, shall and will Warrant,
and by these presents forever Defend.
In Witness Whereof, the said party of the first part has hereunto set its
hand and
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seal the day and year first above written.
Lemon Home Water Power & Light Co.
David Brown, President (SEAL)
Thomas Brown, Secretary (SEAL)
STATE OF CALIFORNIA )
County of Glenn ) ss.
On this 26th day of March, 1910, before me, MOLLIE LOHSE, a Notary Public
in and for the County of Glenn, State of California, personally appeared
David Brown and Thomas Brown, known to me to be the President and Secretary,
of the corporation that executed the within instrument, and he acknowledged
to me that such corporation executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and seal this 26th day of
March, 1910.
(Sd.) Mollie Lohse,
Notary Public.
Recorded at the request of W.W. Schlecht, March 26, 1910 at 1 minute past
12 o’clock in Book 32 of Deeds page 176, Records of Glenn County.
M. Golden,
Recorder.
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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