THE STONY CREEK WATER WARS - Exhibit A, 04/12/2010 Petition for Writ of Mandate

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (12/29/2009)
Sacramento Superior Court
Petition for Writ of Mandate
Case # 34-2010-80000513
filed 04/12/2010

Exhibit A

Petitioner presents this exhibit listing on-line web pages of documents and indexes to add context to the allegations in his petition for convenience of everyone until the administrative record arrives as well as to facilitate settlement discussions. Petitioner has placed portions of the administrative record on his website referenced in this Exhibit A (and will cite each document for example as #A1.3.2 , etc.); petitioner's verification extends to those web pages that he originated. In instances where the page is in progress and it is relevant to do so, petitioner has cited to a "frozen" copy of that page. Within 24 hours of filing his petition petitioner will place on his web page at http://www.mjbarkl.com/exhibita.htm this page with embedded hyperlinks to each of the pages referenced here to make is easier for anyone to click on each page rather than cutting, pasting, or typing.. = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = A1. From the Angle Case, United States District Court, [now] Eastern District, California, filed 05/28/1918 in Northern Division, Northern District as Equity #30, now #80-583

A1.1. - case index

A1.2. Decree Book, 04/19/1928
A1.2.1. - Transcription of Plaintiff's [USA's] Opening Brief
A1.2.2. - Transcription of Findings of Fact and Conclusions of Law
A1.2.3. - The Settlement of the Findings - Amendments Made in Printed Findings of Fact and Conclusions of Law and Suggested Decree, with 09/18/1929 transcript
A1.2.4. - Angle Decree, version printed after 01/13/1930 before 04/15/1930 - copy filed with USDC ED on 09/05/2008 by USA

A1.3.1. - Transcription of 04/15/1930 Order Re: Appointment of Water Master to Carry Out Provisions of the Decree, Fixing His compensation, Providing a Fund for the Payment Therof and Apportioning the costs in the Premises - Also Fixing a Date for the Installation of Head Gates and/or Measuring Devices and Correcting Certain Minor Errors in Decree
A1.3.2. - Transcription of Corrected Decree after 04/15/1930 changes

A1.4.1. Petitioner's Motion related to this protest filed 12/21/2009, Doc #307 to require changes in practices of the Water Master, Motion Hearing set for 02/08/2010, reset at 04/05/2010 at 10:00 AM before Senior Judge Lawrence K. Karlton. (Attachments:
A1.4.2. #307-2 Memorandum in support of Motion
A1.4.3. #307-3 Exhibits in support of motion
A1.4.4. #307-4 Proof of service, CM/ECF
A1.4.5. #307-5 Proof of service, mail
A1.4.6. #307-6 Proposed order)

A1.4.7. #309 Hearing postponed to 04/05/2010 10:00 a.m.

A1.4.8. #310 Response by USA , plus attachments:
A1.4.9. #310-2 (Response by Water Master)
A1.4.10. #310-3
A1.4.11. #310-4
A1.4.12. #310-5
A1.4.13. #310-6
A1.4.14. #310-7
A1.4.15. #310-8

A1.4.16. #311 Response by OUWUA & GCID

A1.4.17. #312 Petitioner's Reply Brief
A1.4.18. Attachments to Reply Brief

At the hearing, 04/05/2010, Judge Karlton indicated he would be sending the motion back to petitioner for refiling as a Motion for Declaratory Relief, and that he wanted to hear what the State had to say before proceeding. = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = A2.1 Ap. A 2212 - Stony Gorge, Decision D 83 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A3. Ap. A 18115 - Black Butte

A3.1. - case index
A3.2. Decision D 1100

A3.3. - Assignment, California Water Commission to Reclamation
A3.4.1. - Summaries of 2009 Correspondence between Reclamation & Division of Water Rights
A3.4.2. - 2009 Petition for Extension
A3.4.3. - Supplement to Petition for Extension
A3.4.4. - Notice of Petition for Extension

A3.5.1. - emails 09/2009 between M.J. Barkley & Division of Water Rights
A3.5.2. - Division of Water Rights Protest Forms

A3.6. Protest against Extension of Time for Bureau of Reclamation's (USA's) Application 18115, Permit 13776 Black Butte storage and diversion, filed 10/01/2009:
A3.6.1. Table of Contents (not filed with protest, prepared later)
A3.6.2. Forms
A3.6.3. Supplement
A3.6.4. Exhibits

A3.7.1. SWRCB rejection of protest

A3.8.1. first follow up letter
A3.8.2. second follow up letter

A3.9.1. first petition, California Public Records Act regarding protest & appeal procedures & underground regulations
A3.9.2. SWRCB Response to CPRA petition

A3.10. Petition for Reconsideration of Denial of Protest
A3.10.1. points & authorities in support of petition for reconsideration
A3.10.2. Ap. 18115 protests over the years, 67 received, 58 rejected, etc.
A3.10.3. possible issues list
A3.10.4. salmon page at 01/12/2009
A3.10.5. Ap. 18115 Orders, Decisions, Decrees, Environmental Reviews

A3.11.1. Supplement to reconsideration petition
A3.11.2. - Mendocino National Forest Letter

A3.12.1. Second Supplement to reconsideration petition

A3.13.1. Third Supplement to reconsideration petition ; with web pages frozen at 04/06/2010 for filing of a petition for writ:
A3.13.2. Exhibit A - 10/01/2009 Protest Table of Contents
A3.13.3. Exhibit B - Excess Diversions by Orland Project - Table
A3.13.4. Exhibit C - Excess Diversions by Orland Project - Bar Chart
A3.13.5. Exhibit D - Diversion Limits in the Angle Decree & Excess Diversions by USA and GCID
A3.13.6. Exhibit E - Forces that Led to the Decline of the Upper Stony Creek Watershed
A3.13.7. Exhibit F - Collected References to Salmon on Stony Creek
A3.13.8. Exhibit G - Seismic Issues with USA Dams on Stony Creek

A3.14. - 03/25/2010, In the Matter of Permit 13776 (Application 18115) of Unlted States Bureau of Reclamation ORDER SUPERSEDING AND REPLACING JULY 18, 1994 ORDER AMENDING PERMIT 13776 TO CONFORM WITH DECISION 1629 AND INCORPORATING TERMS OF CONCURRENT ORDER ON AUGUST 9, 2007 AND JULY 16, 2009 PETITIONS TO CHANGE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A4. Ap. 19355 - Cesari [file is "gone", not in eWrims, archives, microfiche, Apache, etc.]
A4.1. - D 1042 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A5. Ap 20104 - Retzloff, from underflow
A5.1. - Index - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A6. Ap. 20948 - Davies [not in eWrims]
A6.1. - D1170 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A7. Ap. 24758 Andreotti, et al.
A7.1. - Index
A7.2. - D-1558
A7.3. - WR 80-13
A7.4. - WR 80-18
A7.5. - WR 82-10 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A8. Ap. 27382 Colusa/Stonyford domestic water supply
A8.1. - Index
A8.2. - WR 79-6
A8.3. - WR 80-11 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A9. Ap. 30010 Salt Creek Saddle Conservation Camp
A9.1. - Index - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A10. Designation of Fully Appropriated Streams -
A10.1. - WR 98-08 [seems to incorporate 89-25 & 91-07] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A11. - SWRCB Stony Creek Complaint file
A11.1. - Index = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =

Return to Stony Creek Water Wars.

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