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

Amended Complaint

[A transcription of the document on file in the Angle Archives

(Second) Amendment to Amended complaint (of Complaint plus 3 Amendments), adds paragraps Vl-Vr, Grindstone Indian Reservation

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:]



[ IN EQUITY, DOCKET NO. 30 ]

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IN THE NORTHERN DIVISION OF THE
DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF CALIF-
ORNIA. SECOND DIVISION.

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THE UNITED STATES OF AMERICA,
Plaintiff,

vs.

H.C. ANGLE, et al.,
Defendants.

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AMENDMENT TO AMENDED COMPLAINT

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FILED
At ____ o'clock and ____ Min ____ M
AUG 25 1924
WALTER B. MALING, CLERK
By T. M. Lampert
DEPUTY CLERK
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[end of cover]


IN THE NORTHERN DIVISION OF THE DISTRICT COURT OF

THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA

SECOND DIVISION.


THE UNITED STATES OF AMERICA,

Plaintiff,

vs.

H.C. ANGLE, et. al.

Defendants.

IN EQUITY

DOCKET NO. 30.

AMENDMENT TO AMENDED COMPLAINT


The United States of America, plaintiff herein, having first obtained permission of the court by way of an order endorsed upon that certain stipulation between the plaintiff and defendants herein of October, 1922, through its solicitors presents this amendment to the amended complaint herein, and as set forth in the following paragraphs numbered Vl to Vr inclusive, alleges:

Vl.


That the United States of America, plaintiff herein, by reservation and purchase has set aside and reserved for the use and benefit of the Indians residing thereon and their successors and other Indians that certain following described tract of land and the waters therein and thereon and traversing the same to-wit: The South half of the Southeast Quarter of Section 15, Township 21 North, Range 6 West, M.D.M. in the County of Glenn, State of California; wh±ch said tract has an area of eighty acres and comprises and is known as the Grindstone Indian Reservation. That said Reservation is traversed by Stony Creek and contains 15 acres of land which is irrigable therefrom and which needs and is dependent on the surface flow thereof for a water supply for its irrigation and for domestic and stock watering uses thereon; that said land and Reservation is of little or no value without

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such a supply, and requires irrigation for the production of crops thereon.

Vm.


That 35 or more Indians and their progenitors and antecedents have lived on or in the immediate vicinity of said reservation for many years, to-wit: for more than all of said time and have been dependent thereon for their existence and livelihood; that the said above described 80 acres was purchased, set aside and established as a reservation by the plaintiff for and on behalf of said Indians and their successors and other Indians on or about the seventh day of January, 1909, and said Indians have lived thereon not only as above described but since that date and used the same and the waters of Stony Creek up to the present time.

Vn.


That by virtue of the ownership of the legal title of said lands, and in the lawful exercise of its supervision and control of the Indians, and in the carrying out of its Indian policy, and furthermore by virtue of the setting aside and the establishnent of said reservation as aforesaid and the occupancy and possession and use of same by the Indians as above described, plaintiff has reserved from appropriation by others and set aside with said reservation, for and in behalf of the Indians living thereon and other Indians, and those succeeding them -- and is entitled to divert and use for the irrigation of said lands and for domestic and stock watering uses thereon during every month of each year, and is the owner of -- one cubic foot per second of the waters flowing in Stony Creek,

Vo.


That under and in pursuance of its above described rights plaintiff, by virtue of its ownership of the legal title to said lands and water, and in the lawful exercise

-2-


of its supervision and control of said Indians and in carrying out its Indian policy, has provided for the application of said waters to beneficial use and has appropriated same and to that end has constructed a flume and ditch which has a capacity of more than one cubic foot per second, and which extends from the south bank of Stony Creek at a point described as follows: North 80° 30’ West, 1840 feet from the southeast corner of said section 15, in southerly, easterly and northeasterly directions for a distance of approximately 2200 feet over and across the said above described lands; and has also provided and installed at said above described point on the south bank of Stony Creek a centrifugal pump driven by a gasoline engine which has a capacity of approximately one cubic foot per second; and by the means above described the plaintiff has provided for the irrigation of 15 acres of said reservation lying below said ditch and irrigable therefrom and situated in the Southeast Quarter of the Southeast Quarter and in the South half of the Southwest Quarter of the Southeast Quarter of said Section 15, and for the delivery of water thereto and appropriation of water therefor.

Vp.


That said above described irrigation system was installed and put in operation on or about the 15th day of July, 1920 and has been in use and operation continuously since that date, and the said tract of 15 acres, and at all times a large portion thereof, have been irrigated since that time, and by that means valuable crops have been grown thereon.

Vq.


That the water diverted by and flowing in said ditch and flume has been and is being used for stock watering and domestic purposes as well as for irrigation, and has applied domestic and stock water to at least two Indian

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homes under said ditch and on the south side of said creek, that some ten or more Indian homes are situated upon the other or north side of said creek within said reservation, and water has been used from said creek for stock watering and domestic purposes for and in connection with said last named Indian homes and for each of them; That the development of said reservation and the use of same by said Indians will eventually involve and mean the establishment and existence of a total of at least twenty-five homes; That the supplying of stock water for cattle and animals on said lands and the supplying of domestic water for said homes will eventually require that water be diverted on both sides of said stream for domestic and stock watering uses by way of dams and open gravity ditches, flumes, pipe lines and pumps, and such uses, together with the uses for irrigation herein described, will require a flow of at least one cubic foot per second throughout the year over and across said land in said stream bed or by way of and [?] diversion works and conduits above described or some of them; that a large portion of said amount of water is being and has been used for domestic and stock watering purposes and for irrigation; that in the irrigation of said lends there is required and has been used beneficially during each irrigation season -- which extends from the 15th day of April to the 15th day of September of each year -- a diversion of 52.5 acre feet per annum, and for the month of maximum use 13.1 acre feet, which would require the continuous diversion throughout said month of 21/100 cubic feet per second. That the irrigation of said land is accomplished by way of occasional diversions through said pump to the extent of its capacity or a large proportion thereof for brief periods, and the physical conditions on said stream at said diversion are of such a character that this method as distinguished from the continuous flow of 21/100 cubic feet as aforesaid in no way interferes with the rights or diversions on such stream.

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Vr.


That by virtue of the foregoing the plaintiff, for and in behalf of said Indians as aforesaid, has provided for the application and beneficial use of the water reserved as aforesaid, and has set aside and reserved a continuous flow of one cubic foot per second of the waters of Stony Creek as above described for the irrigation of the lands of said reservation and for domestic and stock watering uses thereon, and by that means has also appropriated same, and as to said reservation and appropriation of water hereby repeats the prayer of the amended complaint herein.


/s/ Sterling J. Carr
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United States Attorney.


Oliver P. Morton
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SpecIal Assistant to the
Attorney General.

[no page #]

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[there follows, 11 identical pages with differing signatures:]

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.

ACKNOWLEDGEMENT OF SERVICE OF AMENDMENT

TO AMENDED COMPLAINT

RE. GRINDSTONE INDIAN RESERVATION.

______________________

Service is acknowledged of copy of Amendment of Amended Complaint relating to Grindstone Indian Reservation, which is made in pursuance of stipulation between plaintiff and defendants of October, 1922. This acknowledgment applies to all defendants represennted by solicitors signing same.

/s/ Thomas Rutledge
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Attorney for certain defendants
Dated;
August 18th, 1924.
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/s/ George R. Freeman
/s/ Chickering & Gregory, by George R. Freeman
/s/ E. J. Emmons [?], by George R. Freeman
/s/ Heller, Powers & Ehrman, by George R. Freeman
/s/ H.S. Young, by George R. Freeman
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Dated;
August 17th, 1924.
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/s/ Duard F. Geis
/s/ Brown & Albery
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Dated;
August 18th, 1924.
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/s/ McCoy & Gans
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Dated;
August 18th, 1924.
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/s/ Richard Beecher [?]
Attorney for Bruce H. Sutliff et al.,
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Dated;
August 18th, 1924.
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/s/ C.L. Witten
Attorney for Defenmdant Joe E. Ayer
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Dated;
August 16th, 1924.
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/s/ Howard J. Peirsol
Attorney for Edith K. Peirsol
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Dated;
August 16th, 1924.
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/s/ H.W. McGowan [?]
Atty. for C.L. Simpson
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Dated;
August 21, 1924.
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/s/ R.M. Rankin
/s/ W.E. Johnson, by R.M. Rankin
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Dated;
August 21, 1924.
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/s/ H.T. Hiatt
Attorney for Ruby King Mineral Paint Co. & G. Edward Hook
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Dated;
Sept. 8, 1924.
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/s/ Ira S. Lillick [?]
by Duard F. Geis
ATTORNEY FOR E.H. TRYON
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Dated;
August 26, 1924.

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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