For DWR, California Attorney General Bill Lockyer trashes the Fourth Amendment.
(c) 2001, Mike Barkley

[ The California Department of Water Resources plans to build a large reservoir, the "Sites Reservoir", in Colusa County as part of the "CALFED" program. For the environmental review they evaluate an alternative project that they don't intend to build, and for this "alternative" they've chosen the Thomes-Newville project in Glenn and Tehama Counties. Pursuant to that review, they've sought entry onto our lands under California Code of Civil Procedure Section 1245.030, the pre-condemnation entry statute even though they have no present plan to condemn our property, and thus no "probable cause" under the statute. No, the pre-condemnation statute was never broadened to cover CEQA alternative project reviews.

We balked -- these studies have gone on at least since 1903, with scores of studies, and what else could there possibly be to study? Except that there are 4 remaining topics to study, tsunami hazards, effects on springs, effects on potential underground natural gas fields, and cumulative effects, which they are refusing to study. They sued, filing the following petition in both Glenn and Tehama County courts. Note that their petition does not exclude the interior of any structures. And while the petition might seem to describe what they will do with some particularity, for some reason they cannot come up with the list of ponds and pools they allege in paragraph 6 D. The State Attorney General is representing DWR.

The Fourth Amendment to the U.S. Constitution -- "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Comparable language appears in the California Constitution.

THE POINT -- The state's top law enforcement officer has filed suit to obtain a search warrant for all of our property, including the interior of our homes, with a time limit measured in years for which the probable cause is that they want to build a project in the next county and would just like to see what a comparable site looks like. With this reasoning, they could get this kind of warrant to enter your house at will just to see what a house looks like where no crime has been committed to compare it with a crime scene some 40 miles away, and they could do that every day for years whether you like it or not. Of course, should they find anything illegal there, they could arrest you since they have a warrant.

Attorney General Bill Lockyer is making a mockery of the Fourth Amendment.

ANOTHER POINT - The pre-condemnation entry statute pre-dates the California Environmental Quality Act by about a century. It was not expanded to include CEQA alternative site reviews when CEQA was passed, or any time since. The State is abusing the existing pre-condemnation entry statute rather than asking the legislature to expand it to cover non-project alternatives because they know they would not be able to persuade the legislature to expand it to cover sites they have no intention of condemning, like studying your bedroom for a project in Barstow for instance.

This is a transcription of the bulk of the Notice and Petition and Declarations served on us. I've made every effort to present the content precisely, but not the form.]

BILL LOCKYER, Attorney General [NOPE, NO SBN LISTED, VIOLATING THE COURT RULES]
of the State of California
DARRYL L. DOKE, Lead Supervising
Deputy Attorney General
THOMAS D. McCRACKIN, Supervising
Deputy Attorney General
OLIVER R. LEWIS, SBN 133557
Deputy Attorney General
1300 "I" Street, Suite 125
Post Office Box 944255
Sacramento, California 94244-2550
Telephone: (916) 324-5495
Fax No.: (916) 324-5567

Attorneys for Petitioners State of California
by and through The Department of Water Resources

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF GLENN

STATE OF CALIFORNIA by and through THE
DEPARTMENT OF WATER RESOURCES,

Petitioner,

v.

DENNIS J. BARKLEY, MICHAEL J. BARKLEY,
F. JOANNE BARKLEY, GERALDINE J. McGEE,
MARIANNE TURNER, as individuals; DENNIS J.
BARKLEY, TRUSTEE OF THE FRANCES
LORENE MASTERSON TRUST, and DENNIS J.
BARKLEY, EXECUTOR FOR THE ESTATE OF
MERLE M. HAMM
Respondents.

No. 01CV00342

AMENDED
NOTICE OF HEARING
ON PETITION
PERMITTING ENTRY AND
INVESTIGATION OF REAL
PROPERTY
[Code Civ. Proc. 1245.030]

Date: April 20, 2001
Time: 1:30 p.m.

TO: RESPONDENTS NAMED HEREIN AND THEIR COUNSEL OF RECORD:

PLEASE TAKE NOTICE that on April 20, 2001, at 1:30 p.m. or as soon thereafter as counsel may be heard in the above-entitled court at 526 W. Sycamore Street, Willows, California, petitioner STATE OF CALIFORNIA by and through THE DEPARTMENT OF WATER RESOURCES will petition the Court for an order permitting entry and

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investigation of real property pursuant Code of Civil Procedure section 1245.010, et seq., for the purpose of investigating the feasibility of constructing off-stream water storage and flood control facilities.

Dated: 03/13/01

BILL LOCKYER, Attorney General
of the State of California
DARRYL L. DOKE, Lead Supervising
Deputy Attorney General
THOMAS D. McCRACKIN, Supervising
Deputy Attorney General

/s/ Oliver R. Lewis
OLIVER R. LEWIS,
Deputy Attorney General

Attorneys for Petitioners State of California
by and through The Department of Water
Resources
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BILL LOCKYER, Attorney General
of the State of California
DARRYL L. DOKE, Lead Supervising
Deputy Attorney General
THOMAS D. McCRACKIN, Supervising
Deputy Attorney General
OLIVER R. LEWIS, SBN 133557
Deputy Attorney General
1300 "I'' Street, Suite 125
Post Office Box 944255
Sacramento, California 94244-2550
Telephone: (916) 324-5495
Fax No.: (916) 324-5567

Attorneys for Petitioners State of California
by and through The Department of Water Resources

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF GLENN

STATE OF CALIFORNIA by and through THE
DEPARTMENT OF WATER RESOURCES,

Petitioner,

v.

DENNIS J. BARKLEY, MICHAEL J. BARKLEY,
F. JOANNE BARKLEY, GERALDINE J. McGEE,
MARIANNE TURNER, as individuals; DENNIS J.
BARKLEY, TRUSTEE OF THE FRANCES
LORENE MASTERSON TRUST, and DENNIS J.
BARKLEY, EXECUTOR FOR THE ESTATE OF
MERLE M. HAMM

Respondents.

No. O1CV00342

AMENDED PETITION FOR ORDER
PERMITTING ENTRY AND
INVESTIGATION
OF REAL PROPERTY;
DECLARATIONS AND EXHIBITS IN
SUPPORT THEREOF
[Code Civ. Proc. 1245.030]
Date: April 20, 2001
Time: 1:30
Dept.: 1

INTRODUCTION

Proposition 204 (The Safe, Clean, Reliable Water Supply Act of 1996) required the Department of Water Resources ("DWR") to study the feasibility of building reservoirs for flood control and water supply purposes upstream of the Sacramento- San Joaquin Delta. The study broadly considered a number of issues, ranging from the geologic suitability of proposed reservoir sites to environmental concerns regarding various endangered species. Pursuant to the objectives of

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the CALFED Bay-Delta program, DWR has identified potential reservoir sites in Tehama, Colusa and Glenn Counties and is continuing field studies of the sites. Eventually, the sites may be acquired through eminent domain for the construction of the reservoirs.

By this petition, DWR seeks an order granting access to parcels, owned by DENNIS J. BARKLEY, MICHAEL J. BARKLEY, JOANNE BARKLEY, GERALDINE J. McGEE, MARIANNE TURNER, as individuals; DENNIS J. BARKLEY, TRUSTEE OF THE FRANCES LORENE MASTERSON TRUST, and DENNIS J. BARKLEY, EXECUTOR FOR THE ESTATE OF MERLE M. HAMM in Glenn County, from March 1, 2001 through December, 2004. The assessor parcel numbers are as follows:
    Owners	                                       Assessor Parcel Numbers
    
    Dennis J. Barkley, Michael J. Barkley,	       027-110-009-0, 027-110-016-0, 027-140-013-0,
    F. Joanne Barkley, Geraldine J. McGee,	       027-140-025-0
    Marianne Turner, as individuals;	       027-110-013-0, 027-110-014-0;
    Dennis J. Barkley, Trustee of the Frances
    Lorene Masterson Trust, and Dennis J. Barkley,
    Executor of the Estate of Merle M. Hamm
    
During this time, DWR consultants will conduct bird and wildlife surveys, plant species surveys, wet and dry season vernal pool surveys, fish and amphibian surveys, and geologic surveys. DWR has been unable to obtain the consent of the owners of the properties described herein and therefore seeks this order pursuant to its pre-condenmation access authority under Code of Civil Procedure section 1245.010, et seq.

DWR requests a hearing date on the instant petition of April 20, 2001, at which time DWR will request that the Court set forth the probable amount of compensation to be paid to the property owners for actual damage and interference with use and possession and that the Court issue an order permitting entry onto the properties for the purposes described herein.

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PETITION

Parties

1. Petitioner is the State of California, acting by and through the Department of Water Resources. Petitioner is authorized to acquire property for public purposes pursuant to the Property Acquisition Act (Part 11, Division 3, title 2 of the Government Code) and Code of Civil Procedure section 1245.010, et seq.

2. Respondents DENNIS J. BARKLEY, MICHAEL J. BARKLEY, F. JOANNE BARKLEY, GERALDINE J. McGEE, MARIANNE TURNER, as individuals; DENNIS J. BARKLEY, TRUSTEE OF THE FRANCES LORENE MASTERSON TRUST, and DENNIS J. BARKLEY, EXECUTOR FOR THE ESTATE OF MERLE M. HAMM, are the owners of one or more parcels of real property in Glenn County. Attached as Exhibits "C" and "D" are maps depicting the property as well as the Assessor Parcel Numbers.

3. The true names and capacities, whether individual, corporate, or otherwise, of each of the respondents named herein as Does 1-100 are unknown to petitioner, who therefore seeks jurisdiction over respondents by such names and will amend this petition to show their true names and capacities when ascertained. Each fictitiously-named respondent claims an interest in the real property that is the subject of this action.

Authority and Procedure

4. Any entity with condensation authority may obtain precondemnation entry to property. (Code Civ. Proc. 1245.010\_1.) The prerequisites to entry are either written consent of the property owner or an order from the Superior Court. ( 1245.020.) The Court may issue an order, upon petition, following notice and a hearing. At the hearing, the Court determines (1) the purpose for the entry; (2) the nature and scope of the activities reasonably necessary to accomplish the purpose; (3) the probable amount of compensation to be paid to the owner for actual damage and

1. All references are to the Code of Civil Procedure unless otherwise noted.

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interference with use and possession. ( 1245.030.) The petitioner will then place the probable amount of compensation on deposit with the Condemnation Deposit Funds of the State Treasury. ( 1245.050.)

Purpose of Entry

5. As set forth in the Declaration of Dwight Russell, (attached hereto as exhibit "A.") the purpose of the entry is to perform a study of the environmental and technical feasibility of constructing a reservoir site. DWR is engaged in the study of "off-strearn storage upstream of the delta that will provide storage and flood control benefits in an environmentally sensitive and cost-effective manner." Pursuant to the goals set forth by the CALFED Bay-Delta Program, DWR has identified three potential reservoir sites in Tehama, Colusa and Glenn Counties and now seeks to continue field studies of the sites. (Russell Decl., [paragraphs] 3, 4, 5.)

DWR seeks permission to enter the properties described herein from March 1, 2001 through December, 2004. DWR must conduct the following surveys: bird and wildlife surveys, plant species surveys, wet and dry season vernal pool surveys, amphibian, reptile and fish surveys, and geologic surveys.

Nature and Scope of the Activities

6. DWR seeks to accomplish the following tasks on these properties between March 1, 2001 and December, 2004.
A. Archaeological Surveys:

Archaeological staff will need access to properties within, or adjacent to, the potential reservoir inundation areas, the water conveyance and road relocation routes. Teams of 3 to 5 cultural resource specialists will conduct a walking ground surface search for historical or archaeological resources using a grid search pattern. Each team member will cover approximately 40 acres per day and only one complete survey per property will occur in a two-year period.

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B. Bird And Wildlife Surveys:

Biological staff will conduct surveys to determine the presence of bird and wildlife species listed as threatened or endangered, or of concern, by the State or Federal governments. Typical survey activities will involve initially walking or driving through the entire area in order to designate representative areas for study. Repeated observations will then be made at the designated representative areas through December, 2004.

C. Plant Species Surveys:

Biologists and Botanists will be conducting aerial photo interpretation of vegetation, wetland delineations and a survey of all tributaries and streams, along with sensitive plant species surveys. Field work is expected to begin March 1, 2001, and continue through December, 2004. Most work will be conducted on foot and any vehicular access will be limited to established roadways.

D. Wet Season Vernal Pool Surveys:

Through aerial surveys, DWR and its consultant have determined that each of the properties described in Exhibits "C" and "D" have vernal pools (and/or ephemeral stock ponds). Wet season (generally December through April) vernal pool sampling will consist of sweeping fine nets through each pond to capture invertebrates. Identification of individual organisms to determine the presence of any State or federally listed species will occur off-site in a laboratory.

Such sampling will be conducted three times during the wet season for each pool. The timing of these samplings will depend upon, and be determined by, climatic conditions. Typically, a sampling will require no more than one day's work.

Sampling equipment will consist of nets, buckets, a camera, notebooks, specimen jars and backpacks. Typically, sampling crews will consist of two or three individuals. However, for some large pools a crew may consist of up to six individuals. We do not anticipate using off-road all-terrain vehicles to access

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remote sites, however, this option may be necessary for access to some remote locations.

E. Dry Season Vernal Pool Surveys:

Dry season sampling will occur in the spring or early summer after the pools have dried up. This will consist of one site visit per pond. Sampling will consist of removing several small soil samples from each pool. Sample size will be an approximately two inch by six inch cylindrical container.

F. Amphibian, Reptile, and Fishery Surveys:

Biological staff will need access to properties to conduct amphibian, reptile and fish surveys. Surveys will commence March 1, 2001, and will continue through December, 2004. The amphibians to be surveyed include, but are not limited to, the following: tiger salamander (adults)-November through March; tiger Salamander (larvae)-March through October; red-legged frogs-May through October; pond turtles and yellow-legged frogs-March through October.

Some of these species require biological staff to conduct nocturnal observations. Surveys of stock ponds for amphibians and fish will require the use of a small two-person boat. The observation locations will be stream channels, rodent holes near ponds, and terrestrial area near ant colonies. Typical survey teams will consist of five individuals. Equipment for these surveys may include flashlights, notebooks, a camera, clipboards, nets, buckets, electroshockers, and a small two-person boat.

G. Geologic Surveys:

Typical activities for geologic surveys include walking the property to identify geologic features visible from the surface, and surveying and mapping the areas of potential structures and vicinity using standard land surveying equipment. Land surveying typically includes: using a total station instrument mounted on a

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tripod; placing survey monuments in a one cubic foot of concrete flush with the ground surface; placing temporary survey stakes which will be removed when the surveying is completed.
Probable Amount of Compensation

7. The nature and scope of the activities described above and set forth in the Declaration of Allan T. Davis [Dwight Russell ? ] may result in a maximum actual damage to each property and interference with possession and use in the probable amount of $500.00 per parcel for the bird, wildlife, plant, vernal pool, and amphibian surveys and, additionally, $2,000.00 per parcel for the geological investigation, as set forth in the Declaration of Allan Davis, Senior Land Agent of DWR. (Attached hereto as Exhibit "B.")

Hearing Date

8. DWR requests that the Court set a hearing date of April 20, 2001, on the instant petition.

DATED: [inked in] 3/13/01

BILL LOCKYER, Attorney General
of the State of California
DARRYL L. DOKE, Lead Supervising
Deputy Attorney General
THOMAS D. McCRACKfN
Deputy Attorney General

/s/ Oliver R. Lewis
OLIVER R. LEWIS
Deputy Attorney General

Attorneys for Petitioners
STATE OF CALIFORNIA by and through THE
DEPARTMENT OF WATER RESOURCES

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[ Exhibit A ]

1, DWIGHT RUSSELL, declare as follows:

1. I am employed by the Department of Water Resources as a Principal Engineer. I have been employed by the State in the capacity of an engineer and have more than 20 years experience. I make this declaration in support of this petition by the Department of Water Resources for an order permitting Entry and Investigation of Real Property in Colusa County.

[WHOOPS, WRONG COUNTY, GUYS.]

The Assessor's Parcel Number for each parcel to be studied is provided in the accompanying Exhibits. I have personal knowledge of the following, and if called as a witness, I would and could testify completely thereto.

2. The mission of the CALFED Bay-Delta Program, a state and federal collaboration, is to develop a long-term comprehensive plan that will restore ecological health and improve water management for beneficial uses of the Bay-Delta system. While the problem area focuses on the Delta and part of the Bay, the solution area encompasses the entire watersheds of the Sacramento and San Joaquin Rivers, the service areas which receive export water from the Delta and the coastal Pacific Ocean. A wide range of actions are being contemplated to address inadequate water quality, inadequate water supply reliability, and an inadequate levee system, including but not limited to improvements in water storage and conveyance.

3. Proposition 204 (The Safe, Clean, Reliable Water Supply Act of 1996) required the Department of Water Resources (DWR) to study the feasibility of building reservoirs for flood control and water supply purposes upstream of the Sacramento-San Joaquin Delta. The study broadly considered a number of issues, ranging from the geologic suitability of proposed reservoir sites to environmental concerns regarding various endangered species. In 1999 and 2000, the California legislature, through the budget approval process, has authorized the Department of Water Resources to continue these investigations.

4. Pursuant to the goals set forth by the CALFED Bay-Delta Program, the Department of Water Resources has identified potential reservoir sites in Colusa, Glenn, and Tehama counties. These specific alternative projects selected for concentrated study by the

1

Department of Water Resources in consultation with CALFED Bay-Delta Program include the following: Sites, Colusa, and Thomes-Newville in Tehama, Glenn, and Colusa Counties. A map of general project locations and statistics is attached.

5. Department of Water Resources' investigation of these possible reservoir sites, requires access to specific areas within, adjacent to, and downstream from these projects. Access is necessary to perform environmental, engineering, geologic, and archeological field work required to determine project impacts, benefits and feasibility. Such determinations are required by C.E.Q.A.

6. Specific activities which must be conducted on the property described above are topographic surveys, wildlife and vegetation surveys, wetland and vernal pool surveys, avian, reptile, amphibian, fishery, and invertebrate surveys and archeological exploration for a term ending December 30, 2004. A small number of properties also require limited geologic exploration. More specifically the following studies must be performed:
A. Archaeological Surveys:

Archaeological staff will need access to properties within, or adjacent to, the potential reservoir inundation areas, the recreation sites, the water conveyance and road relocation routes. Teams of 3 to 5 cultural resource specialists will conduct a walking ground surface search for historical or archaeological resources using a grid search pattern. Each team member will cover approximately 40 acres per day.

Surveys will be conducted on foot by walking grid lines spaced approximately 10 meters apart. The cultural resource specialists will document observations. Grids will be located using GPS equipment as will artifact locations.

B. Bird And Wildlife Surveys:

Biological staff will conduct surveys to determine the presence of bird and wildlife species listed as threatened or endangered, or of concern, by the State or Federal governments. Typical survey activities will involve initially walking or driving through the entire area in order to designate representative areas for study. Repeated observations will

2

then be made at the designated representative areas through December 2004.

Survey equipment will consist of binoculars, cameras, small box traps, track plates, and notebooks. No land disturbance will occur with the exception of the use of biodegradable paint and survey flagging for identification and location purposes. These surveys will commence on March 1, 2001, and continue through December, 2004. Observations will generally be conducted every other week. Typically, each survey should take no more than one day to complete. Many of the species to be surveyed are migratory and may use the property at various times throughout the year, thus repeated visits are necessary.

C. Plant Species Surveys:

Biologists and Botanists will be conducting aerial photo interpretation of vegetation, wetland delineations and a survey of all tributaries and streams, along with sensitive plant species surveys. Field work is expected to begin Marchr [sic] 1, 2001, and continue through December, 2004. Most work will be conducted on foot and any vehicular access will be limited to established roadways. Survey equipment will consist of binoculars, cameras and notebooks.

D. Wet Season Vernal Pool Surveys:

Wet season (generally December through April) vernal pool sampling will consist of sweeping fine nets through each pond to capture invertebrates. Identification of individual organisms to determine the presence of any State or federally listed species will occur off-site in a laboratory. Such sampling will be conducted three times during the wet season for each pool. The timing of these samplings will depend upon, and be determined by, climatic conditions. Typically, a sampling will require no more than one day's work.

Sampling equipment will consist of nets, buckets, a camera, notebooks, specimen jars and backpacks. Typically, sampling crews will consist of two or three individuals. However, for some large pools a crew may consist of up to six individuals. Access will be primarily by walking, however, it may be necessary to use all terrain vehicles to access remote locations.

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E. Dry Season Vernal Pool Surveys:

Dry season sampling will occur in the spring or summer after the pools have dried up. This will consist of one site visit per pond. Sampling will consist of removing several small soil samples from each pool. Sample size will be an approximately two inch by six inch cylindrical container. Sampling equipment will consist of backpacks, hand-held sampling auger, a camera, clipboards, and sample containers. Access will be primarily by walking, however, it may be necessary to use all terrain vehicles to access remote locations.

F. Amphibian, Reptile and Fishery Surveys:

Biological staff will need access to properties to conduct amphibian, reptile and fishery surveys. Surveys will commence March 1, 2001, and will continue through December, 2004. The amphibians and reptiles to be surveyed include, but are not limited to, the following: tiger salamander (adults)-November through March; tiger salamander (larvae)-March through October; red-legged frogs-May through October; pond turtles and yellow-legged frogs- March through October. Transects through representative habitats will be established and repeatedly surveyed through winter, spring, and summer to detect common species of amphibians and reptiles.

Some of these species require biological staff to conduct night-time observations. Surveys of stock ponds for amphibians and fish will require the use of a small two-person boat. The observation locations will be stream channels, rodent holes near ponds, and terrestrial area near ant colonies. Typical survey teams will consist of five individuals. Equipment for these surveys may include flashlights, notebooks, a camera, clipboards, nets, buckets, electroshockers, and a small two-person boat.

G. Geologic Surveys:

Typical activities for geologic surveys include walking the property to identify

4

geologic features visible from the surface, and surveying and mapping areas of potential structures using standard land surveying equipment. Land surveying typically includes: using a total station instrument mounted on a tripod; placing survey monuments in a one cubic foot of concrete flush with the ground surface; placing temporary survey stakes which will be removed when the surveying is completed.
There is a need for immediate access due to the types of surveys being performed. It is imperative that access for these studies be granted as soon as possible so that staff are able to document their findings within the aforementioned time frame.

DWR has attempted to obtain voluntary access to the study areas since November, 1999. The data from these surveys and studies will be summarized and provided to CALFED for incorporation in a project feasibility report and a project EIR/EIS.

The access will be for engineers, technicians, geologists, biologists, archaeologist, and other study participants under contract with the Department of Water Resources. Typically, several parcels will be surveyed by a team in one day. Timing of surveys are dictated by seasonal and climatic conditions. Particularly, in the winter and spring the weather conditions will determine the schedule of field activities. DWR staff and its consultants must have the ability to rapidly respond to changing weather conditions. Thus, DWR must operate under reasonable notice requirements and will take reasonable steps to notify a property owner of an intent to enter. A notice period of more than 48 hours, however, will severely hamper efforts to survey properties in a timely manner during changing weather conditions.

DWR and its consultants intend to provide property owners reasonable telephonic notice, to a number to be provided by the property owner, 48 hours prior to each entry. In the event that a property owner fails or refuses to provide DWR with a phone number, or fails or refuses to respond to 48 hours notice, it will be necessary to proceed with the described surveys. DWR and its consultants intend to give property owners the option of: (1) personally providing access to property; (2) agreeing to specific means of access; or (3) allowing DWR to install a secure locking device (e.g., a lock in a chain link

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barrier) to allow exclusive access for DWR or its consultants. If a property owner fails to respond to reasonable notice of entry, or fails to provide DWR with reasonable access, then DWR or its consultants will install a lock in a chain link barrier, if one exists, which will not compromise the security of the property nor interfere with the property owner's access. DWR will take reasonable measures to accommodate the reasonable concerns of property owners provided the surveys and timetables are not compromised.

1 declare under penalty of perjury that the foregoing is true and correct.

Executed at [in ink:] Red Bluff, California, this [in ink:] 12 day of [in ink:] March, 2001.

[half printed, half written:] /s/ DWIGHT P. Russell
DWIGHT RUSSELL

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[Exhibit B]

I, ALLAN T. DAVIS, declare as follows:

1 . I am employed by the Department of Water Resources as a Senior Land Agent whose duties include real estate appraising. I have been employed by the State in the capacity of a Land Agent for 14 years. I make this declaration in support of this Petition by the Department of Water Resources for an Order Permitting Entry and Investigation of Real Property, referred to and described in Exhibits "C" and "D." I have personal knowledge of the following, and if called as a witness, I would and could testify completely thereto.

2. 1 am qualified to express an opinion on the probable amount of compensation in this proceeding. The Department is in charge of investigation property of respondents in Colusa, Glenn and Tehama Counties for the projects shown on Exhibit "C" to the petition herein for the purpose of conducting off-stream storage evaluation.

3. On June 22, 2000, 1 was informed by DWR staff that all areas required for study or access purposes and referred to and described in Exhibits "C" and "D" were agricultural land in fair condition. I have knowledge of the study area as it affects respondents' properties.

4. 1 have analyzed the proposed use of said lands for the purpose of ascertaining the probable amount of compensation to be paid to the owners for the possible damage to the property and interference with its possession and use by reason of entry by petitioner for the purposes set forth in that declaration of Dwight Russell, attached hereto and made a part herein.

5. For parcel numbers (see Exhibit " 1 " attached hereto and made a part herein) in Tehama County,

[WHOOPS, WRONG COUNTY AGAIN.]

it is my opinion that $500 represents the maximum probable amount of compensation for damages that are reasonably likely to occur on any individual parcel located on the respondent's property by reason of entry by petitioner for the

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aforesaid purposes and for any interference with the possession and use of property by the owner, that are reasonably likely to occur by reason of said entry.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at Sacramento, California, this [in ink:] 6th day of [in ink:] MARCH, 2001.

/s/ [illegible]
ALLAN T. DAVIS

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