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. ]
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
[Blue cover:]
[ IN EQUITY, DOCKET NO. 30 ]
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
IN THE NORTHERN DIVISION OF THE
DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF CALIF-
ORNIA. SECOND DIVISION.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
THE UNITED STATES OF AMERICA,
Plaintiff,
vs.
H.C. ANGLE, et al.,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
AMENDMENT TO AMENDED COMPLAINT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
FILED
At ____ o'clock and ____ Min ____ M
AUG 25 1924
WALTER B. MALING, CLERK
By T. M. Lampert
DEPUTY CLERK
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
[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
[ page break ]
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
-3-
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.
-4-
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
---------------------------
United States Attorney.
Oliver P. Morton
---------------------------
SpecIal Assistant to the
Attorney General.
[no page #]
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
[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
-------------------------------
Attorney for certain defendants
Dated;
August 18th, 1924.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
/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
-------------------------------
Dated;
August 17th, 1924.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
/s/ Duard F. Geis
/s/ Brown & Albery
-------------------------------
Dated;
August 18th, 1924.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
/s/ McCoy & Gans
-------------------------------
Dated;
August 18th, 1924.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
/s/ Richard Beecher [?]
Attorney for Bruce H. Sutliff et al.,
-------------------------------
Dated;
August 18th, 1924.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
/s/ C.L. Witten
Attorney for Defenmdant Joe E. Ayer
-------------------------------
Dated;
August 16th, 1924.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
/s/ Howard J. Peirsol
Attorney for Edith K. Peirsol
-------------------------------
Dated;
August 16th, 1924.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
/s/ H.W. McGowan [?]
Atty. for C.L. Simpson
-------------------------------
Dated;
August 21, 1924.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
/s/ R.M. Rankin
/s/ W.E. Johnson, by R.M. Rankin
-------------------------------
Dated;
August 21, 1924.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
/s/ H.T. Hiatt
Attorney for Ruby King Mineral Paint Co. & G. Edward Hook
------------------------------
Dated;
Sept. 8, 1924.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
/s/ Ira S. Lillick [?]
by Duard F. Geis
ATTORNEY FOR E.H. TRYON
------------------------------
Dated;
August 26, 1924.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Return to Stony Creek Water Wars.
--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com