THE STONY CREEK WATER WARS - The printed and published Decree Book, Findings of Fact and Conclusions of Law

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2001, Mike Barkley
The printed and published Decree Book -- Findings of Fact and Conclusions of Law

[This is a transcription from the published Decree Book, which was printed and widely distributed after the completion of the work of the Special Master. I have not found a version of the Findings signed by the Judge if there ever was one signed. Some blanks on pp 267 and 272 were not filled in on the copy I have. The unsigned 9/18/29 document
"THE SETTLEMENT OF THE FINDINGS
AMENDMENT MADE IN PRINTED FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND SUGGESTED DECREE"
inserts 90,000, 20,315, and 500 in those three blank spaces, respectively. Overall, there are 12 pages of changes to the Findings, the Decree, and Appendices, but not to any of the substantive legal arguments and conclusions.

I've made one pass through this to clean up errors from the OCR program, but I am still finding errors, so until I rigorously proof read it the text is still open to question. I've made every effort to present the content precisely, but not the form. If you find mistakes, please point them out. I've found mistakes in the printed package, so don't accept the legal descriptions of land without question.

This presentation is 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. The version I have of Netscape does not allow this, but the version I have of Explorer does.]

[ TABLE OF CONTENTS ] [ Page ]
--------
1 --- . . . . . . . . . . . . . [ Case heading - full case name ]
1 --- FINDINGS OF FACT AND CONCLUSIONS OF LAW.

1 --- [ Introduction ]
5 --- I. Finding of Fact . . . . . [correction of defendant names; adding 79 defendants]
8 --- II. Finding of Fact. . . . . [14 & 3 defendants not named appearing voluntarily]
9 --- Conclusion of Law . . . . [those 17 considered added]
9 --- III. Finding of Fact. . . . .[5 appeared by stipulation of substitution]
10 -- Conclusion of Law . . . .[those 5 considered added]
11 -- IV. Finding of Fact. . . . [reconciling and deleting duplicate names; correcting spellings of names]
12 -- V. Finding of Fact . . . . [15 parties named but not served, with no interest or claim]
13 -- Conclusion of Law. . . . [those 15 dismissed]
13 -- VI. Finding of Fact. . . . [per stipulations, 6 persons conveyed interests to others]
14 -- Conclusion of Law . . . .[those 6 forever debarred, etc., from making claim, etc.]
15 -- VII. Finding of Fact. . . .[48 not served, conveyed lands to others who are appearing]
17 -- Conclusion of Law . . . .[those 48 dismissed]
17 -- VIII. Finding of Fact. . . [per stipulations, 10 persons conveyed interests to others, except for Thos. Fairlee who substituted back in]
18 -- Conclusion of Law . . . .[those 9 forever debarred, etc., from making claim, etc.]
19 -- IX. Finding of Fact. . . . [State of California, named, previously dismissed]

20 -- X. Finding of Fact . . . . [509 defendants remain, all served or voluntarily appearing]
20 -- XI. Finding of Fact. . . . [36 named defendants disclaimed all right, etc.]
36 -- Conclusion of Law. . . . [35 of them forever debarred, etc., from making claim etc.; M.G. Bedford pursuing substitution for L. Bedford, etc.]
37 -- XII. Finding of Fact. . . .[9 defendants disclaiming presence on the streams plaintiff says they are on ]
40 -- Conclusion of Law . . . .[those 9 forever debarred, etc., from making claim, etc.]
41 -- XIII. Finding of Fact. . . [6 defendants disclaiming as renters or occupants]
41 -- Conclusion of Law . . . . [those 6 forever debarred, etc., from making claim, etc.]
42 -- XIV. Finding of Fact . . .[256 defendants failed to answer in time, various explanatory notes]
107 - Conclusion of Law. . . . [255 of those forever debarred, etc., from making claim, etc., W.H Stites pursuing substitution for Thos. Fairlee]
108 - XV. Finding of Fact . . . [64 defendants failed to answer in time, various explanatory notes - difference from XIV "explained" in Brief, para 16]
124 - Conclusion of Law. . . . [those 64 forever debarred, etc., from making claim, etc.]
125 - XVI. Finding of Fact. . . [27 defendants answered but failed to prove claim, etc.]
133 - Conclusion of Law. . . . [those 27 debarred, etc., from making claim, etc., except for Thos. Fairlee]

134 - XVII. Finding of Fact. . [the remaining 113 defendants submitted various proofs, but somehow every one of them neglected to put into question any of the material allegations of plaintiff's complaint]
137 - XVIII. Finding of Fact. .[all parties stipulated to no cross-service of pleadings and to simplified pleadings, etc.]
139 - XIX. Finding of Fact. . .[4 defendants failed to convince the Special Master of their claims]
142 - Conclusion of Law. . . . [those 4 forever debarred, etc., from making claim, etc.]
143 - XX. Finding of Fact. . . [Project within this Court District; hydrology; need for irrigation]
148 - XXI. Finding of Fact. . .[Appropriations, volumes, flows, Water Master needed]
156 - - Exhibit "Appropriation Schedule"
169 - - Exhibit "Index - Appropriation Schedule"
171 - Conclusion of Law. . . .[Defendant appropriation holders limited to the right per the Appropriation Schedule; rotation required]
174 - XXII. Finding of Fact. .[Plaintiff's rights]
175 - - Reservations and appropriations by plaintiff itself for Orland Project
178 - - - Exhibit "Project Land Schedule"
183 - - - Exhibit "Townsites Schedule"
183 - - - Exhibit "Schoolsites Reservation Schedule"
184 - - - Exhibit "Project Irrigable Lands Not Yet Under Contract"
185 - - - Exhibits HALL LANDS" "SCEARCE LANDS"
187 - - South Diversion Dam and South Canal
189 - - East Park Storage Dam and East Park Reservoir
190 - - North Diversion Dam and North Canal
192 - - - Exhibit "North Side Schedule."
192 - - East Park Diversion Dam and East Park Feed Canal
207 - - Earlier Appropriations for Lands Within Orland Project
208 - - The Hall and Scearce Appropriations
209 - - - Exhibits, second schedule of "HALL LANDS" "SCEARCE LANDS"
211 - - - - HALL LANDS
215 - - - - SCEARCE LANDS
218 - - Appropriation of the Stony Creek Irrigation Company.
224 - - - Exhibit "Stony Creek Land Schedule"
225 - - Appropriation of Lemon Home Water, Power and Light Company
229 - - - Exhibit "Lemon Home Land Schedule"
230 - - Adverse User as Against Stony Creek and Lemon Home Appropriations.
231 - - The Grindstone Indian Reservation
235 - Conclusion of Law . . . . . . [broad rights for plaintiff]
239 - Indian Rights of Plaintiff . .[Conclusion of Law]
241 - XXIII. Riparian Rights of Certain Defendants.
252 - - Exhibit "Riparian Schedule"
257 - Conclusion of Law. . . . . . [limited, expiring riparian rights of defendants]
261 - XXIV. Glenn-Colusa Irrigation District
271 - Conclusion of Law . . . . . .[broad rights for GCID]
274 - - Exhibit "Plate I [color plate] - Map of Stony Creek Watershed and Adjacent Territory" ]

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

IN THE

Northern District

OF THE

United States District Court

FOR THE

Northern District of California

Second Division

________
THE UNITED STATES OF AMERICA

Plaintiff,

vs.

H. C. ANGLE, et al.,

Defendants.

IN EQUITY

No. 30

FINDINGS OF FACT AND CONCLUSIONS

OF LAW.
This is an equity suit brought by the United States by the direction and under the authority of the Attorney General. The jurisdiction of this court rests upon the fact that the United States is plaintiff in the cause, and that the subject matter thereof is situate within the Northern Division of the United States District Court for the Northern District of California. The proceeding has for its purpose a determination and adjudication of the relative rights of the various parties in and to the waters of Stony Creek and its tributaries. As an incident of this purpose it is sought to establish a regimen on the stream

2
whereby the stored waters of the plaintiff may be piloted, from their place of storage, down the channel of Little Stony and Stony Creeks and past the diversions and ditches of certain of the defendants, to their place of diversion for distribution.

The original complaint was directed against, and named as defendants in the cause, some 39 owners or occupants of irrigated lands whose intakes or headworks tapped the stream between the plaintiff's storage dam and the diversion points of its distributing canals; this 40 mile course of the stream channel being used as a conduit for the conveyance of plaintiff's stored supply to its place of use.*
- - - - - - - -
*See the general or key map, designated "Plate I" , which is interposed at the conclusion of these findings. It reveals the larger aspects of the physical situation in Stony Creek watershed and, with its markings and explanatory legend, reproduces the outstanding features of the illustrative wall maps used at the hearings (Plaintiff's Exhibits No. 1 and No. 2).
- - - - - - - -
Plaintiff, in addition to its showing and prayer in said complaint for an adjudication of the rights of the parties, presented certain facts of current import and asked for certain summary remedies pendente lite in the matter of unlawful drafts upon, and the safe pilotage of its said stored supply; and thereupon, after due notice to defendants and a hearing before the judge of this court, orders were made herein enjoining said defendants from diverting such stored water from the stream, and appointing a water commissioner to measure and regulate the diversions of defendants so as to confine and limit same to the natural flow thereof.

Thereafter by way of an amended complaint, and various orders of court making new parties defendant,

3
together with substitutions or other voluntary appearances, the suit was enlarged to include in all nearly 600 parties defendant, who had or were purported to have claims or rights in or to the waters of Stony Creek or its tributaries; and as these matters transpired provision was made for the continuance of the preliminary injunction above described, and of the appointment and administration of the water commissioner, as same affected the defendants first named and their successors in interest.

Orders pro confesso as against defendants failing to plead or answer, disclaimers by others, dismissals, or other disposals and eliminations, as more particularly set out in these findings, accounted for some 457 of these defendants. The presentation of answers by the other defendants, and the filing of replies thereto by plaintiff, accomplished a settlement of the pleadings in the cause and enabled same to be set down for trial. The petition of plaintiff to this end, dated and noticed to defendants on the 31st day of May, 1922, and heard at Sacramento on the 24th day of June of that year, was followed by an order of this court, dated June 28th, 1922, referring the cause to George E. McCutchen, Esq., of Sacramento, as Master pro hac vice, with the usual general power to hear the testimony and evidence and receive the proofs, and to make his report thereon to the court in the form of findings of fact and conclusions of law; the proceedings before him, and the testimony, evidence and proof, to be duly recorded and preserved and submitted with his said report.

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Thereupon the Special Master, in accord with the order of the court aforesaid, proceeded to hear the testimony and evidence, and to receive the proofs herein, as offered and adduced by the parties plaintiff and defendant, and caused the proceedings before him, and the testimony, evidence and proofs, to be duly recorded and preserved. Briefs and oral argument on the part of plaintiff and defendants having been submitted at his request and duly considered, the Special Master made and recorded his first determinations herein in the form of findings of fact and conclusions of law, and, in pursuance of the rules of court relating to such matters, submitted said determinations to the solicitors of record herein, who duly filed such objections thereto and suggestions for the amendment thereof, and supported same by such brief and argument, as by them deemed appropriate.

After considering and ruling upon such objections and suggestions the Special Master made up and recorded his final determinations herein in the form of findings of fact and conclusions of law, and duly reported same to this court, together with the full record of the proceedings before him, including a transcript of the testimony and evidence, and all exhibits and documentary proofs received at the trial, with the aforesaid objections and suggestions and briefs thereon. And the court, being duly advised in the premises, and having received and considered the said report of the Special Master and the said record of the proocedings before him, and having further received and

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considered such exceptions to said final report as were properly filed and presented to the court by the parties through their solicitors, with such argument and briefs as were submitted in support thereof, and having ruled upon said exceptions, doth now first make and enter herein its

FINDINGS OF FACT AND CONCLUSIONS OF LAW.
The court doth find and determine as facts in the cause, and adjudge to be conclusions of law thereon:

I.

Finding of Fact.
That the original complaint in this suit was filed on May 28, 1918, and was directed against 39 parties defendant therein named; that an amended complaint, adding 457 new parties defendant was filed herein on April 3, 1919, which said amended complaint is available in the record in printed form and names in all as parties defendant 496 persons and concerns, including the 39 defendants first showed herein, as aforesaid; that of the defendants so named in the amended complaint it has been ascertained and found that 27 thereof, through typographical error or other mistake, were incorrectly named; that the names of said defendants as incorrectly given in said complaint are listed in the left hand column of the following tabulation, their true and correct name in each instance, as also ascertained and found, being placed opposite such incorrect names in the right hand column of said

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tabulation; that this circumstance was presented to the court by way of plaintiffs petition of May 31, 1922, and in pursuance thereof an order was made herein on June 24th, 1922, appropriately correcting said names and reforming the title of this cause and the names of the defendants sued herein accordingly, to-wit:

Incorrect Names. Correct Names C. V. Apperson, Administrator of V. V. Apperson, Administrator the Estate of John A. Apperson, of the Estate of John A. Apperson, deceased. deceased B. A. Baird. O. A. Baird H. W. Brittian, H. B. Britton Harry N. Brittan T. L. Brittian J. L. Brittan J. 0. Britton James 0. Brittan R. L. Brownell Mrs. L. R. Brownell I. E. Brownell I. L. Brownell E. J. Butler E. T. Butler Anna C. Burrows Aura C. Burrows F. H. Cushman F. N. Cushman H. V. Cushman H. S. Cushman G. C. Ellis Geo. C. Ellis A. B. Glenn Anna B. Glenn R. W. Hardin R. M. Hardin C. A. Hineline S. A. Hineline John Johansen, Jr. John 0. Johansen Nate Karrier Kate Karrier Mrs. T. E. Lovelady Annie Evans Lovelady Alice R. Lovelady Alice M. Lovelady



Incorrect Names.                    Correct Names.


Will Lyons                          William Lyons
Pery Mulford                        Perry Mulford
Pearl McKinney                      Pearl Makinney
W. G. Newton                        W. C. Newton
Mrs. M. O'Leary                     Mary O'Leary
C. F. Soeth                         C. T. Soeth
Geo. M. Taylor                      Geo. N. Taylor
Jessie Troxel                       Jessie E. Troxel;

that certain orders of this court, respectively made and entered herein on October 4, 1919, April 28, 1921, and March 31, 1922 brought into this cause and added as additional new parties defendant herein, 79 persons and concerns, as follows:

E. M. Bartholomew, Thomas Bishop Company, Mark Bailey Bump, H. A. Butler, Butte County Savings Bank, M. H. Carlton, Administrator of the Estate of Anne Shaddock, deceased, Elizabeth D. Case, Willard Clark, John Crosett, W. D'Egilbert, J. M. Eastby, Eugene Fately, Justin Firmignac, Geo. W. Fletcher, Geo. R. Freeman, Administrator of the Estate of W. H. Markham, deceased, Glenn-Colusa Irrigation District, M. Golden, L. B. Graves, Carl Green, Peter Hanson, John Harbison, Geo. Hoag, Josephine A. Holt, G. E. Holt, Ellen Hunter, Administratrix of the Estate of Genevieve H. Brown, deceased, James Mills Orchards Corporation, Robert Jameson, M. V. Kalloch, F. M. Kirkpatrick, J. L. Kirkpatrick, R. L. Kirkpatrick, Rebecca Kirkpatrick, Phillip D. Krantz, Chas. A. Krohn, J. P. Lucas, Etta Lund, J. N. Mahan, L. E. Mann, Linda Manson, Administratrix of the Estate of J. H. Manson, deceased, D. A. Markham, Frank Masterson, James McCall, Elizabeth Miller, John H. Millsaps, John H. Millsaps, Administrator of the Estate of A. J. Millsaps, de-

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ceased, Josephine A. Morrison, H. M. Nelson, Mary Ann Newton, Tim O'Leary, Orland Land Company, J. R. Parkhurst, Trustee, Olive Scearce Parsons, E. K. Piersol, H. G. Rawlins, George Ray, Dan Rice, Sacramento Valley West Side Canal Co., Minnie L. Sadler, W. J. Salisbury, Elmer Silver, A. N. Soliss, Henrietta Steinegger, H. R. Stewart, John Stice, J. F. Taylor, Paul Teilh, Chas. A. Templeton, J. G. Tenny, Eliza Troxel, C. E. Turner, A. P. Valine, Jesse Walcott, Arthur Walkup, Guy Ward, F. J. Wells, Leo Wertheimer, Administrator of the Estate of Jacob Wertheimer, deceased, Chas. E. White, Frank Wilson, Administrator of the Estate of S. Wilson, deceased, J. A. Wood.

__________

II.

Finding of Fact.
That the following named 14 persons, not theretofore having been named or made parties defendant herein, voluntarily appeared as defendants in this suit, and were made parties defendant herein through and by virtue of the order of this court of June 24th, 1922, to-wit:

Wells Conklin, Alvin Gollnick, Gertrude M. Hall, Wiebeke Johansen, Ed Franklin Laux, Eugene K. Reynolds, Administrator of the Estate of Isidore Reynolds, deceased, Charles H. Ridley, Mary J. Scearce, W. E. Scearce, Rose Servel, Administratrix of the Estate of Fred Servel, deceased, Leland Shults, Jessie Taylor, Aministratrix of the Estate of W. S. Taylor, deceased, M. A. Tanson, Frank Whalley.

That the following named 3 persons and concerns, not theretofore having been named or made parties

9
defendant herein, have voluntarily appeared as defendants in this suit since the making and entry of said order of June 24th, 1922, to-wit:

D. A. Brown, Geo. Retzloff, Emma Retzloff.

Conclusion of Law.
That the above named 17 persons and concerns and every thereof, as same are listed in the foregoing finding of fact, by virtue of the order of this court of June 24th, 1922, and the appearances above described, became parties defendant in this cause, and they and each of them, in proper person or in the representative capacity designated, were and are thereby subjected to such judgment or decree as may be rendered herein upon their disclaimers, or answers and proof, or failure to make proof under answers filed, or failure to make answer or other defense herein, as the case may be, as well as though named as defendants in the amended complaint, or in the usual orders bringing in new parties defendant, and duly served with original process herein.

__________

III.

Finding of Fact.
That the following named [4 crossed off, inked] 5 persons, as listed in the left hand column of the tabulation below, not theretofore having been named or made parties defendant herein, voluntarily appeared as defendants in this cause by way of stipulations of substitution for

10
others theretofore named and made parties defendant herein as shown in said tabulation; said stipulations having the approving order of the court in each instince endorsed thereon, to-wit:



Henry Chastain        substituted for   Emma Wicher and W. E. Wicher
Ellen Hunter                "      "    Ellen Hunter, Admistratrix of the
                                          estate of Genevieve H. Brown,
				          deceased.
Lucy Kimel                  "      "    J. Van Scyoc
Ellen Lucas                 "      "    C. A. Lucas
Marguerita Williams Welch   "      "    Roy Welch

Conclusion of Law.
That the above named 5 [in ink: changed from 4] persons, as same are listed in the left hand column of the tabulation in the foregoing finding of fact, through and by virtue of the appearances therein described and approving orders of court endorsed on the stipulations of substitution therein referred to, became parties defendant in this cause, and they and each of them were and are thereby subjected to such judgment or decree as may be rendered herein upon their disclaimers, or answers and proof, or failure to make proof under said answers, failure to make answer or other defense herein, as the case may be, as well as though named as defendants in the amended complaint, or in the usual orders bringing in new parties defendant, and served with process herein,

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IV.

Finding of Fact.
That of the 596 defendants of record named and described in Articles I to III hereof certain individuals similarly named in the amended complaint are one and the same person; that the correct names of said persons are as given in the left hand column of the following tabulation, the incorrect names appearing opposite thereto in the right hand column; that an order of this court, dated and entered herein on June 24, 1922, directed, and was to the effect, that the names in said left hand column of said tabulation be retained as the correct names of the defendants therein designated, and that the 10 names in the right hand column be eliminated and omitted from the schedule of parties defendant in this cause; to-wit:



Correct Name                          Other or Incorrect Name


H. W. Brittan (Harry N. Brittan)      H. B. Britton
J. L. Edwards                         J. P. Edwards
S. A. Ervin (Stewart A. Ervin)        Stewart Ervin
Zeller C. Finnel                      Mrs. Z. C. Finnel
Chas. M. Hall (C. M. Hall)            Chas. Hall
H. Hayward                            Harry Haywood
W. A. Morris                          I. A. Morris
C. L. Simpson                         Chas. L. Simpson
E. E. Smith                           Edward E. Smith
F. W. Troxel (Frank W. Troxel)        Frank Troxel

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That the names of certain of the defendants as entitled in the amended complaint or in orders making new parties defendant, or as recorded in voluntary appearances, were incorrectly spelled as thus entitled or set down herein; the true and correct names of such defendants, with their incorrect designations aforesaid, being as follows:



Correct Name            Incorrect Name


Fout Springs Co.        Fout Springs Water Co.
James Harman            James Harmon
John 0. Johannsen       John O. Johansen (John Johansen Jr.)
Wiebeke Johannsen       Wiebeke Johansen
America Hall Murdoch    America Hall Murdock
E. K. Peirsol           E. K. Piersol
Harvey E. Provence      Harvey E. Province
Eliz. A. Rodgers        Eliz. J. Rogers
Frank W. Troxel         F. W. Troxel
Emma Wicher             Emma Witcher
W. E. Wicher            W. E. Witcher

__________

V.

Finding of Fact.
That of the said defendants of record, the following named 15 were not served with process and did not voluntarily appear herein; that they and each of them, and their successors in interest, and the persons, estates, interests or ownerships represented by such thereof as may have been sued in a representative

13
capacity herein, have not and do not have or claim any right, title or interest in or to the waters of Stony Creek or its tributaries, and therefore need not have been named in the amended complaint as parties defendant herein:

E. W. Bradley, Geo. Hoag, Geo. Hoering, Elizabeth Jensen, Chas. A. Krohn, Etta Lund, R. H. Mahoney, J. R. Parkhurst, Trustee, Dan Rice, Lucinda Rich, A. N. Soliss, Jacob Wertheimer, Leo Wertheimer, Administrator of the Estate of Jacob Wertheimer, deceased, J. A. Wood, C. F. Young.

Conclusion of Law.
That the above named 15 persons, as same are listed in the foregoing finding of fact, are not proper or necessary parties defendant herein, and that as to them, by order or decree of this court, this suit and the amended complaint herein may be dismissed.

__________

VI.

Finding of Fact.
That by way of stipulations of substitution, with the approving orders of this court endorsed thereon, as described in Article III above, the 6 defendants listed below had others substituted for them as parties defendant for the reason that they and each of them had quitclaimed or conveyed to said others, or said others had acquired, such claims or rights in or to the waters of Stony Creek or its tributaries as they and each of them theretofore had, or may have claimed or owned, to-wit:

14
Ellen Hunter, Administratrix of the estate of Genevieve H. Brown, deceased, C. A. Lucas, J. Van Scyoc, Roy Welch, Emma Wicher, W. E. Wicher.

Conclusion of Law.
That through and by the stipulations of substitution and orders of this court described above the 6 [in ink: the "6", obscuring whatever was underneath it] persons listed in the foregoing finding of fact, having thus conveyed away, and as to the parties in this cause disclaimed, all and every right, title or interest in or to the waters of Stony Creek and its tributaries which they or any of them may have theretofore had or claimed, were released from this cause as parties defendant herein, and were thereafter and now are forever debarred and estopped from claiming or asserting any right, title or interest in or to said waters, or any thereof, as against any of the parties in this cause.

__________

VII.

Finding of Fact.
That of the said defendants of record 48 were not served with process herein for the reason that it was ascertained and shown, and it is hereby found, that such defendants and each of them prior to the issuance of such process or prior to the attempt to serve same, had transferred and conveyed away all of their right, title and interest in and to the waters of Stony Creek and its tributaries, generally by way of or in connection with conveyances of the lands for or in connection with which such water rights were or might or could

15
be claimed, or to which such water rights were or might or could be appurtenant; that they and each of them had made such transfer to persons or concerns who had been made or afterward became defendants in this suit and were served with process or voluntarily appeared herein; that the names of the defendants who were not served as aforesaid are listed in the left hand column of the following tabulation, and the names of their grantees or transferees are set opposite thereto in the right hand column, to-wit:



Grantors (Not Served)    Successors in Interest (Served or Appeared)


O. A. Baird              C. A. Lucas
Mark Bailey              E. M. Bartholomew
Geo. M. Bickford         W. F. Foreman
G. C. Bond               John Bond
Genevieve H. Brown       Ellen Hunter, [sic, the comma]
A. E. Brune              C. T. Soeth
Mark Bailey Bump         E. M. Bartholomew
Irene Clark              Oliver P. Wiggins
J. R. Clark              Oliver P. Wiggins
Mary A. Conlon           E. T. Butler
A. W. Cooper             E. H. Tryon
James Dougherty          M. Golden
W. P. Forman             W. F. Forman
L. R. Frisbee            D. H. Masterson
S. Haines                J. L. Edwards
John Hanson              R. A. Gordon
Peter Hanson             James McCall



Grantors (Not Served) (Cont'd)    Successors in Interest


H. Hayward                        M. A. Hayward
Robt. E. Jeffres                  C. A. Lucas
C. J. Johnson                     Henry Steinbach
H. B. Julian                      Susan A. Julian
Rebecca Kirkpatrick               A. P. Valine
Phillip D. Krantz                 W. D'Egilbert
F. S. Lewis                       E. K. Piersol
F. Locastelli                     W. F. Forman
Ira C. Martin                     Jesse Wolcott
M. Mendahall                      John Hull
May Z. Merrill                    F. M. Kesselring
H. Miller                         O. F. Bickford
J. C. Miller                      Elizabeth Miller
L. W. Miller                      J. J. Chambers
A. J. Millsaps                    John H. Millsaps, Administrator
Josephine M. Morrison             M. L. Dimmick
W. C. Newton                      Mary Ann Newton
M. O'Keefe                        James Mathews
C. W. Pitcairn                    Paul Teilh and Justin Firmignac
L. Scearce                        W. E. Scearce, Mary J. Scearce and
                                     Olive Scearce Parsons. [sic, the period]
L. S. Scott                       F. J. Wells
Annie Shaddock                    M. H. Carlton, Administrator
Wm. Steward                       Clarissa Shaw
Charles Strawn                    John Stice



Grantors (Not Served) (Cont'd)     Suceessors in Interest


W. S. Taylor                       George W. Lewis and Frank W. Lewis
D. L. Thornberg                    Rosedale Realty Co.
Henry H. Van Scycle                Amelia G. Van Scycle, Administratrix
W. W. Warnick                      Henrietta Steinegger
T. W. Waysman                      J. L. Brittan
J. C. Williams                     Della Ludlow
S. Wilson                          Frank Wilson, Administrator.

Conclusion of Law.
That as to the above named 48 defendants of record, as same are listed in the left hand column of the tabulation in the foregoing finding of fact, this suit and the amended complaint herein may be dismissed in that they and each of them are not now proper or necessary parties in the cause.

__________

VIII.

Finding of Fact.
That by way of stipulations of substitution duly filed herein, with the approving orders of this court endorsed thereon, 10 of said defendants of record, as named and listed in the right hand column of the tabulation below, had other defendants of record, as named and listed in the left hand column of said tabulation, substituted for them as parties defendant, for the reason that they and each of them had quit-

18
claimed or conveyed to said others, or said others had acquired, such claims or rights in or to the waters of Stony Creek and its tributaries, as said first named defendants had, or may have claimed or owned, to-wit:



M. G. Bedford      substituted for     L. Bedford
Thos. Fairlee             "            John M. Morris and Preston Morris
Fred Laux, Jr.            "            Katherine Laux
L. E. Mann                "            Walter Dickson
Harvey E. Provence        "            James W. Sawyer
Chas. H. Ridley           "            J. F. Taylor
H. R. Stewart             "            Thos. Fairlee
W. H. Stites              "            H. R. Stewart
Guy H. Ward               "            S. M. Silver

That the substitution of W. H. Stites for H. R. Stewart, as in the the 8th item above listed, was preceded by the substitution first of H. R. Stewart for Thos. Fairlee; that, however, defendant Thos. Fairlee, by another stipulation of substitution, as shown in the first item of the above tabulation, took the place of defendants John M. Morris and Preston Morris, and was by that means and in that relation retained in the case as a defendant; thus wholly eliminating only 9 of said defendants of record.

Conclusion of Law.
That through and by the stipulations of substitution and orders of this court described above, the 10 persons listed in the right hand column of the tabulation in

19
the foregoing finding of fact, and each and every thereof, having thus conveyed away, and as to the parties in this cause, disclaimed, all and every right, title or interest in and to the waters of Stony Creek or its tributaries, were released from this cause as parties defendant herein, and were thereafter and now are forever debarred and estopped from claiming or asserting any right, title or interest in or to said waters, or any thereof, as against any of the parties of this cause; with the exception that defendant Thos. Fairlee was retained and still remains a defendant in this cause by reason of his substitution in turn for defendants John M. Morris and Preston Morris, but is relieved of said debarment and estoppel only in so far as he has succeeded to such claim to the waters of Stony Creek and its tributaries as may have been previously asserted or claimed by said John M. Morris and Preston Morris, which said claim is determined and adjudicated herein.

__________

IX.

Finding of Fact.
That the State of California was made one of the parties defendant herein, but that this suit and the amended complaint herein, by and through the order of this court of the 24th day of June, 1922, has been dismissed as to said State of California.

20

X.

Finding of Fact.
That all of the said defendants of record remaining or to remain in the cause after the eliminations or dismissals described in Articles IV to IX inclusive of these findings to-wit: the remaining 509 thereof, were duly served with original process (subpoena ad respondendum) in this cause or voluntarily appeared herein; that except as otherwise stated therein subsequent articles relate to said parties defendant who have been thus served or who thus, by voluntary appearance herein, have also been subjected to the jurisdiction of this court.

__________

XI.

Finding of Fact.
That the 36 defendants named in the following tabulation have presented and filed disclaimers herein, therein and therby disclaiming any and all right, title or interest in or to the waters of Stony Creek or its tributaries or any part thereof; that the lands described under each defendant's name in said tabulation are hereby found to have been owned by that defendant at the time of service of original process upon him and at the time of the making and filing of his disclaimer herein, except as otherwise stated and hereby found in the notes appearing under certain of said names; that said lands, or some

21
part or parcel thereof, as so described in said tabulation under the names of each of said defendants, were at such times and are now in each instance touched or traversed by the stream or streams of the Stony Creek System (the designation "tributary" being used for tributaries without names) whose name or names appear in said tabulation under the name of such defendant; that said lands, or some part or parcel thereof, in some instances, and particularly where situate in the higher reaches of the watershed, may also be and perhaps are touched or traversed by one or more small tributaries not named in said tabulation, although no definite proof thereof is available herein; that the tabulation made part of this finding as aforesaid is as follows:

1 Name: JOHN F. AHERN.
Stream: Stony Creek.
Description of land: E 1/2 SE 1/4 Sec. 16, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

2 Name: JOHN BEDFORD.
Stream: Stony Creek.
Description of land: Set out in finding as to M. G. Bedford.
Note: No land in Stony Creek watershed on record in his name. Record title to land in name of his wife, L. Bedford, who answered. Defendant M. G. Bedford substituted for L. Bedford and proof submitted.

[p.] 22

3 Name: M. G. BEDFORD.
Stream: Stony Creek.
Description of land: All that part of S 1/2 NE 1/4, and N 1/2 SE 1/4 Sec. 9, T. 20 N., R. 6 W., M. D. B. & M., lying east of Stony Creek, containing 89 acres more or less; County of Glenn, State of California. (See answer of defendant, L. Bedford.)
Note: Was renter only at date of disclaimer. Subsequently acquired land from and was substituted for defendant L. Bedford, and submitted proof in support of claim of right for 12.1 acres thereof.

4 Name: R. T. BEDFORD.
Stream: Grindstone Creek.
Description of land: NE 1/4 (or lots 1, 2, 9 and 10), N 1/2 SE 1/4, (or lots 11 and 12), SE 1/4 SE 1/4, (or lot 20), Sec. 18; NE 1/4 NE 1/4, (or lot 1), Sec. 19; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant filed answer, submitted no proof subsequently filed disclaimner.

5 Name: JOSEPH M. BILLIOU.
Stream: Stony Creek.
Description of land: Beginning at a point in the center line of Stony Creek on the south line of the property of R. T. Jones and 432 feet west of a large oak tree heretofore used as a starting point in the descriptions of said property; thence east along the south line of said Jones property one and one-quarter miles more or less to the west bank of the Billiou slough; thence southerly and

[p.] 23
easterly along the bank of said slough to its intersection with the north line of the property heretofore conveyed to Annie Hoever; thence west along the north line of the property of said Annie Hoever two miles more or less to the center line of Stony Creek; thence northerly along the said center line of Stony Creek to point of beginning; containing 430 acres more or less; being a portion of the Capay Rancho, County of Glenn, State of California.

6 Name: SAMUEL BOLES.
Stream: Little Stony Creek.
Description of land: S 1/2 S 1/2 Sec. 33; S 1/2 SW 1/4, or Lots 13 & 14, Sec. 34, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

7 Name: D. A. BROWN.
Stream: Stony Creek.
Description of land: SW 1/4 NE 1/4, W 1/2 SE 1/4, E 1/2 W 1/2, W 1/2 NW 1/4, Sec. 9, T. 22 N., R. 3 W., M. D. B. & M., County of Glenn, State of California.

8 Name: E. W. BURNAM.
Stream: Elk Creek.
Description of land: Beginning at a stake 24 rods due west from SE corner of NW 1/4 Sec. 9, T. 20 N., R. 6 W., M. D. B. & M., thence due west 28 rods; thence north at right angles to brow of hill 12 rods more or less; thence east, following brow of hill to the SW corner of lot owned by A. R. Bickford, 40 rods six inches more or less; thence due west 6 rods 14 feet and 6 inches; thence due south 10 rods and 12 feet more or less to place of beginning; also the lot commene-

[p.] 24
ing at the SW corner of said lot owned by A. R. Bickford in the Town of Elk Creek; thence west 6 rods 14 feet 6 inches; thence south 10 rods 12 feet more or less; thence east 4 rods 8 feet; thence northerly 10 rods 12 feet more or less to the place of beginning, County of Glenn, State of California.

9 Name: CENTRAL PACIFIC RAILWAY COMPANY.
Stream: North Fork Stony Creek.
Description of land: N 1/2 NW 1/4 Sec. 17; W 1/2 SE 1/4 Sec. 18; W 1/2 NE 1/4 Sec. 19; T. 23 N., R. 6 W.; W 1/2 Sec. 23; NW 1/4 Sec. 25; all of Sec. 35; T. 23 N., R. 7 W.; M. D. B. & M., County of Tehama, State of California.

10 Name: WILLIAM DODD.
Stream: Elk Creek.
Description of land: Lot J, Elk Creek, as shown on plat in County records, Book 1 of Maps page 80, County of Glenn, State of California.

11 Name: JAMES E. DREW.
Stream: Grindstone Creek.
Description of land: W 1/2 SE 1/4, S 1/2 NW 1/4, Sec. 17; NW 1/4 NE 1/4 Sec. 20; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

12 Name: ESPERANZA LAND CORPORATION.
Stream: Stony Creek.
Description of land: Lots 1001 to 1011 inclusive; 1023 to 1046 inclusive; 1052 to 1069 inclusive; l071 to 1093 inclusive; N 1/2 Lots 1094 to 1097 in-

[p.] 25
clusive; Lots 1098 to 1104 inclusive; Lots 1106 to 1111 inclusive; N 1/2 SE 1/4, Lot 1112; Lots 1118 to 1128 inclusive; SW 1/4 Lot 1129; Lots 1151, 1152; Lots 1187 to 1202 inclusive; Lots 1220 to 1236 inclusive; Lots 1254 to 1269 inclusive; Lots 1281 to 1291 inclusive; Lots 1302 to 1312 inclusive; Lots 1323 to 1333 inclusive; Lots 1342 to 1363 inclusive; Lots 1372 to 1382 inclusive; Lots 1410 to 1420 inclusive; Lots 1429 to 1439 inclusive; Lots 1472 to 1482 inclusive; as shown in county records on map of Division 2 of Hamilton Unit of the Sacramento Valley Irrigation Project, Book 2 of Maps, page 258, County of Glenn, State of California.
Note: This defendant filed answer and subsequently filed disclaimer by way of amended answer.

13 Name: L. L. FEICHTNER.
Stream: Stony Creek.
Description of land: S 1/2 SE 1/4 Sec. 9; NW 1/4 NE 1/4 Sec. 16; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant after service of process upon him and before date of disclaimer to defendant, Lloyd Troxel, who filed answer claiming water right for a portion of the land, but submitted no proof.

14 Name: JOHN FITZPATRICK.
Streams: Tributaries of Stony Creek and of North Fork of Stony Creek.
Description of land: W 1/2, SE 1/4, Sec. 19; W 1/2 SW 1/4 Sec. 20; N 1/2 NW 1/4, N 1/2 S 1/2 NW 1/4, Sec, 29; N 1/2 NW 1/4, SW 1/4 NW 1/4, Sec. 30; T. 23 N., R. 4

[p.] 26
W.; S 1/2 SE 1/4, SE 1/4 SW 1/4, Sec. 23; N 1/2 SE 1/4, SW 1/4, Sec. 24; E 1/2, N 1/2 NW 1/4, Sec. 25; T. 23 N., R. 5 W.; M. D. B. & M., County of Tehama State of California.
Note: Filed joint disclaimer with defendants Bertha Shults, E. C. Shults and Leland Shults.

15 Name: REUBEN HARTMAN.
Stream: Tributary Grindstone Creek.
Description of land: SE 1/4 SE 1/4 Sec. 23; SW 1/4 SW 1/4, S 1/2 NW 1/4 SW 1/4, Sec. 24; T. 21 N., R. 8 W., M. D. B. & M., County of Glenn, State of California.

16 Name: A. HOCHHElMER.
Stream: Grindstone Creek, tributaries of Stony Creek and of Salt Creek.
Description of land: S 1/2 SE 1/4 Sec. 24; NE 1/4, N 1/2 SE 1/4, Sec. 25; T. 21 N., R. 7 W.; NE 1/4 SW 1/4, N 1/2 NW 1/4 SW 1/4, NW 1/4 SE 1/4, Sec. 24; T. 21 N., R. 8 W., NW 1/4 SE 1/4 Sec. 16, T. 22 N., R. 8 W.; M. D. B. & M., County of Glenn, State of California.
Note: Filed joint disclaimer with defendant Hochheimer & Co.

17 Name: HOCHHEIMER COMPANY.
Stream: Grindstone Creek, tributaries of Stony Creek and of Salt Creek.
Description of land: Set out in finding as to A. Hochheimer.
Note: Filed joint disclaimer with defendant A. Hochheimer.

[p.] 27

18 Name: ANNIE HOEVER,
Stream: Stony Creek.
Description of land: Beginning at a point on the west bank of the Sacramento River at its intersection with the north boundary line of the property of the Sacramento Valley Sugar Company, thence, west two and one-quarter miles more or less, along the north line of said Sugar Company's property to the center line of Stony Creek; thence northerly, along the center line of Stony Creek, to the southwest corner of the property now owned by Joseph Billiou, et al.; thence east along the south line of said last mentioned property, two miles more or less, to its intersection with the slough, commonly known as the Billiou Slough; thence southerly and easterly along said slough to its intersection with the west bank of the Sacramento River; thence southerly along said west bank of said river to the point of beginning; containing one hundred and fifty acres more or less, being a portion of the Capay Rancho, County of Glenn, State of California.
Note: This defendant filed answer, submitted no proof and subsequently filed disclaimer.

19 Name: F. HOUGHTON.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 NW 1/4, NW 1/4 SW 1/4, Sec. 32, T. 23 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.
Note: Filed joint disclaimer with defendant F. Houghton Co.

[p.] 28

20 Name: F. HOUGHTON COMPANY.
Stream: Tributary North Fork Stony Creek.
Description of land: Set out in finding as to F. Houghton
Note: Filed joint disclaimer with defendant F. Houghton.

21 Name: R. T. JONES.
Stream: Stony Creek.
Description of land: Tract No. 1. Beginning at the southeast corner of lot 1269 of Division Number two of the Hamilton Unit of the Sacramento Valley Irrigation Project, according to the map of same filed for record in the office of the Recorder of the County of Glenn, State of California, thence north one-quarter of a mile, more or less, to the southeast corner of lot 1254 of the Hamilton Unit, said corner being the southwest corner of the property of Andrew Kaiser; thence east one mile, more or less, to the southeast corner of the property of Andrew Kaiser; thence north 1900 feet, more or less, to the center line of Stony Creek; thence along the center line of Stony Creek in a general easterly and southerly direction to its intersection with the public road extending from Hamilton to Jacinto; thence, southerly along the center line of said road 400 feet more or less to the northeast corner of lot 1281 of the Hamilton Unit; thence westerly along the north line of Lots 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288 and 1289 to the point of beginning, containing 470 acres;

Tract. No. 2. Beginning at an iron rod in the center of county road running from Jacinto to Hamilton and from which the Sacramento Valley Sugar Company granite monument bears north

[p.] 29
28 deg. and 30 min. east, 63 feet and 5 inches; thence south along county road 20 deg. 57 min. east, 585 feet, thence south along county road 16 deg. 57 min. east, 520 feet, thence south 81 deg. 20 min. east, 900 feet, thence south 64 deg. 20 min. east, 1374 feet to southwest corner in center of Stony Creek, from which point oak tree bears south 89 degrees and 24 min. east, 554 feet; thence south 89 deg. and 41 min. east, 7256 feet to a concrete post being the southeast corner; thence north 1516 feet to south line of Northern Electric Railway right-of-way, to a concrete post being the northeast corner, thence north 88 deg. 7 min. west 2464 feet along the south line of said right-of-way, thence, north one deg. 53 min. east, 24 1/2 feet, thence north 88 deg. 7 min. west 3319-3/4 feet, thence on Searls spiral 7 by 33 feet chords to the left 235 feet and 1 inch, thence on a four deg. curve to the right, 421 feet and 9 inches; thence north 89 deg. and 57 min. west, 3330 feet to the place of beginning, containing 340 acres more or less; County of Glenn, State of California.
Note: This defendant filed answer, submitted no proof and subsequently filed disclaimer.

22 Name: ANDREW KAISER
Stream: Stony Creek.
Description of land: Tract No. 1: Beginning at the northwest corner of Lot 1193 of Division Number 2 of the Hamilton Unit of the Sacramento Valley Irrigation Project, according to the map of same filed for record in the office of the Recorder of the County of Glenn, State of California, said point being the westerly line of the Capay Rancho; thence northerly along said west line of Capay Rancho one-half mile, more or less, to the south line of Lot 1123 of the Ham-

[p.] 30
ilton Unit; thence in a general easterly and southerly direction along the south boundary line of Lots 1123 to 1128, inclusive, 1152, 1151, and 1165 said last described line being along the center of Stony Creek; thence west along the north line of Lots 1187 to 1193, inclusive to point of beginning, containing 401 acres.

Tract No. 2: Beginning at the southeast corner of Lot 1254 of said Hamilton Unit, thence northerly along the east line of Lots 1254, 1236, 1220 and 1202 to the center line of Stony Creek, thence in an easterly and southerly direction along the center line of said Stony Creek to the northwest corner of the property of R. T. Jones; thence southerly along the property line of said R. T. Jones 1900 feet more or less, thence westerly along the north boundary line of property of said R. T. Jones, one mile, more or less, to the point of beginning, containing 436 acres; being a portion of the Capay Rancho, County of Glenn, State of California.

23 Name: J. L. KIRKPATRICK
Stream: Stony Creek.
Description of land: S 1/2 N 1/2 NW 1/4 Sec. 12, T. 22 N., R. 4 W.; SE 1/4 NW 1/4, W 1/2 SW 1/4, NE 1/4 SW 1/4, Sec. 32, T. 23 N., R. 8 W.; M. D. B. & M., County of Glenn, State of California.

24 Name: JAMES MILLS ORCHARDS CORPORATION.
Stream: Stony Creek.
Description of land: S 1/2 Lots 1094 to 1097 inclusive; SW 1/4 Lot 1112; Lots 1113 to 1117 inclusive; N 1/2, SE 1/4, Lot 1129; Lots 1130 to 1139 inclusive; Lots 1141 to 1150 inclusive; N 1/2 Lots 1166 to 1175 inclusive; Division 2, Hamilton Unit Sacramento Valley Irrigation Project, as shown

[p.] 31
in County records, Book 2 of Maps, page 258, County of Glenn, State of California.
Note: This defendant filed answer and subsequently filed disclaimer by way of amended answer.

25 Name: F. M. MILLSAPS.
Stream: Tributary Heifer Camp Creek.
Description of land: N 1/2 S 1/2, S 1/2 NW 1/4, NW 1/4 NW 1/4, Sec. 29; E 1/2 NE 1/4, N 1/2 SE 1/4, Sec. 30; T. 22 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.
Note: Voluntary appearance by disclaimer by this defendant in lieu of service of process upon him. He owned the land at time of said appearance.

26 Name: IDA LEONA RICE.
Stream: Stony Creek.
Description of land: E 1/2 Lot 12 Van Scycle Tract as shown in County records, Book 6 of Maps and Surveys, County of Glenn, State of California.

27 Name: MAURICE ROSENTHAL.
Stream: Briscoe Creek.
Description of land: S 1/2 N 1/2, N 1/2 S 1/2, S 1/2 SE 1/4, SW 1/4 SW 1/4, Sec. 17; S 1/2 SE 1/4, Sec. 18; S 1/2 N 1/2, NW 1/4 NE 1/4, W 1/2 SW 1/4, Sec. 19; N 1/2 NE 1/4, E 1/2 NW 1/4, SW 1/4 NW 1/4, NW 1/4 SW 1/4, Sec. 20; N 1/2 NW 1/4 Sec. 30; T. 20 N., R. 6 W.; NE 1/4 NE 1/4 Sec. 25, T. 20 N., R. 7 W.; M. D. B. & M., County of Glenn, State of California.
Note: Filed joint disclaimer with defendant Rosedale Realty Company,

[p.] 32

28 Name: ROSEDALE REALTY COMPANY.
Stream: Briscoe Creek.
Description of land: Set out in finding as to Maurice Rosenthal.
Note: Filed joint disclaimer with defendant Maurice Rosenthal.

29 Name: SACRAMENTO VALLEY SUGAR COMPANY.
Stream: Stony Creek.
Description of land: Parcels 2 and 3 described in deed recorded, Book 24, page 452, records of Glenn County. Second Parcel: Beginning at the intersection of the center line of St. Johns-Orland Road with the east line of the St. Johns-Jacinto Road, thence down Stony Creek meandering by courses and distances stated in said deed 5668 feet to a point on the south boundary line of the lands of Joseph Billiou east of Stony Creek if produced westerly across Stony Creek, thence along said line produced, south 89 deg. and 42 min. west, 3050.9 feet to the easterly line of the St. Johns-Jacinto Road, thence north 3 deg. 18 min. east along said line 4333.1 feet to the point of beginning, containing 194.93 acres, more or less.

Third Parcel: Beginning at the point of intersection of the easterly line of the St. Johns-Jacinto Road with the south line of the said lands of Joseph Billiou, if produced westerly, said point being southwest corner of Parcel Number Two as herein described, thence along the south boundary line of Parcel Number Two and the south boundary line of the lands of said Joseph Billiou, north 89 deg. and 42 min. east, 15909.7 feet, to a point on the bank of the Sacramento River from which point a sycamore tree twenty-four inches in diameter bears north 30 deg. and 30 min. east, 186.6

[p.] 33
feet, also an oak tree fifty-six inches in diameter, bears south 86. deg. west, 255.3 feet; thence down the west bank of the Sacramento River, meandering by courses and distances as stated in said deed 2693.5 feet to a point from which an oak tree eighteen inches in diameter bears north 50 deg. and 30 min. west, 140.8 feet, also an oak tree thirty inches in diameter bears south 62 deg. west 182.8 feet; thence leaving said bank and running parallel to the south line of said lands of Joseph Billiou south 89 deg. and 42 min. west 15,000 feet, to a granite monument eight inches by nine inches by twenty inches, marked P. S. C. C. in the easterly line of the St. Johns-Jacinto Road and being the southwest corner of this Parcel Number Three, thence north 3. deg. and 18 min. east along said line, 2348.2 feet, to the point of beginning, containing 818.87 acres, more or less; County of Glenn, State of California.
Note: This defendant filed answer and subsequently filed disclaimer.

30 Name: BERTHA SHULTS.
Streams: Tributaries of Stony Creek and of North Fork Stony Creek.
Description of land: Set out in finding as to John Fitzpatrick.
Note: Filed joint disclaimer with defendants John Fitzpatrick, E. C. Shults and Leland Shults.

31 Name: E. C. SHULTS.
Streams: Tributaries of Stony Creek and of North Fork Stony Creek.
Description of land: As set out in finding as to John Fitzpatrick.
Note: Filed joint disclaimer with defendants John Fitzpatrick, Bertha Shults and Leland Shults.

[p.] 34

32 Name: LELAND SHULTS.
Streams: Tributaries of Stony Creek and of North Fork Stony Creek.
Description of land: Set out in finding as to John Fitzpatrick.
Note: Filed joint disclaimer with John Fitzpatrick, Bertha Shults, and C. E. Shults.

33 Name: Z. E. SIMPSON.
Stream: Stony Creek.
Description of land: S 1/2, S 1/2 N 1/2, Sec. 2; All Sec. 10; all sec. [sic] 11; W 1/2, SE 1/2, S 1/2 NE 1/4, Sec. 12; W 1/2 NE 1/4, N 1/2 NW 1/4, NW 1/4 SE 1/4, Sec. 13; NE 1/4 NE 1/4, S 1/2 NE 1/4, E 1/2 NW 1/4, E 1/2 SW 1/4, SW 1/4 SW 1/4, Sec. 24; all sec. 25; all Sec. 36; T. 22 N., R. 5 W.; S 1/2, S 1/2 N 1/2, Sec. 19; NE 1/4 NW 1/4, S 1/2 NW 1/4, SW 1/4 Sec. 20; all sec. 29; all sec. 30; all sec. 31; T. 22 N., R. 4 W.; NW 1/4 NW 1/4, Sec. 8; S 1/2 NE 1/4, E 1/2 SE 1/4, Sec. 17; T. 22 N., R. 9 W.; M. D. B. & M., County of Glenn, State of California.
Note: This defendant filed answer, submitted no proof and subsequently filed disclaimer.

34 Name: SUPERIOR CALIFORNIA FARM LANDS COMPANY.
Stream: Stony Creek.
Description of land: Lots 1383 to 1386 inclusive; 1406 to 1409 inclusive; 1440 to 1444 inclusive; 1466 to 1471 inclusive of the Sacramento Valley Irrigation Project's Division number One of Hamilton Unit, as shown in Book 2 of Maps, page 250, records of Glenn County.

Also beginning at the NE corner of Lot 1386 of the Sacramento Valley Irrigation Company's

[p.] 35 subdivision of Division 1, of the Hamilton Unit of the Sacramento Valley Irrigation Project as aforesaid, thence north 89 deg. and 42 min. east, 9985.6 feet, to the west bank of the Sacramento River, thence meandering the bank of said river by courses and distances is described in deed in Book 2, page 315, Records of Glenn County, 3084.2 feet to the line of the Phelan Island Survey, thence following the Phelan Island survey lines, by courses and distances as described in said deed, 10650.3 feet to the Sacramento River, thence following the west bank of said river by courses and distances as described in said deed, 9,200.7 feet to the west bank of Stony Creek, thence north 89 deg. 56 min. east, 800 feet, thence north 47 deg. 56 min. west, 1968.2 feet, thence north 54 deg. 6 min. west 2248.2 feet, thence north 6 deg. east 1328.7 feet, thence north 53 deg. and 21 min. west, 1796 feet to the place of beginning, containing 683.75 acres more or less; (and including all the lands between the north line of the tract as first described and the Sacramento River on the east and south and Stony Creek on the west, excepting therefrom Phelan Island), County of Glenn, State of California.

35 Name: ELIZA TROXEL.
Stream: Stony Creek.
Description of land: NW 1/4 Sec. 16; that portion of NE 1/4 NE 1/4 Sec. 17 south of County Road, containing 30 acres; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

36 Name: AMELIA G. VAN SCYCLE.
Stream: Stony Creek.
Description of land: W 1/2 Lot 12, Van Scycle Tract, as shown in County Records, Book 6 of

[p.] 36
Maps and Surveys, (also any other portion of said tract not transferred by this defendant to other parties), County of Glenn, State of California.

Conclusion of Law.
That the above named 36 defendants, and each of them, as same are listed and tabulated in the foregoing finding of fact, and the persons, estates, interests and ownerships, and each of them, represented by such of said defendants as may have been sued in a representative capacity herein, as against the parties plaintiff and defendant herein or their rights as same may be determined and decreed herein, or any thereof, do not have or own, and they and their assigns and successors in interest are forever debarred and estopped from claiming or as asserting, for or on account of any or any part of the lands owned or represented by them, as set out in said finding, or at all, any right, title or interest in or to any of the waters or use of any of the waters of the particular stream or streams therein found to touch or traverse said lands or some part thereof, or in or to any of the waters or use of any of the waters of Stony Creek or its tributaries for any purposes, or for or on account of said lands or any lands, whether said creek or a tributary or tributaries thereof touch or traverse the same or some part thereof, or otherwise; excepting that M. G. Bedford is relieved of the foregoing holding to the extent of such right as may be decreed to him in pursuance of his substitution for defendant L. Bedford as recited in

37
the note under item 3 of the foregoing finding of fact; this article, therefore, fully accounting for only 35 of aforesaid defendants.

__________

XII.

Finding of Fact.
That the 9 defendants named in the following tabulation have also presented and filed disclaimers herein, therein and thereby disclaiming any and all right, title or interest in or to the waters of Stony Creek or its tributaries or any part thereof; that the lands described under each defendant's name in said tabulation are hereby found to have been owned by that defendant at the time of service of original process upon him and at the time of the making and filing of his disclaimer herein, except as otherwise stated and hereby found in the notes appearing under certain of said names; that the stream or streams of the Stony Creek System (the designation "tributary" being used for tributaries without names) listed under the names of each of said defendants in said tabulation were at such times and are in each instance possible sources of supply (if water should be available therein and its diversion and use practicable) for the irrigation of or other use upon said lands, or part thereof, but did and do not touch or traverse same or any part thereof; that said lands or some part thereof in some instances, and particularly where situate in the higher

38
reaches of the watershed, may be and perhaps are touched or traversed by one or more small tributaries, although no definite proof thereof is available herein; that the tabulation made part of this finding as aforesaid is as follows:

1 Name: A. R. BICKFORD.
Stream: Big Stony Creek.
Description of land: Lots 4, 5, 6 and 7, Block 14, Stonyford, County of Colusa, State of California.

2 Name: C. (CHARLES) L. DONOHOE COMPANY.
Stream: Stony Creek.
Description of land: E 1/2 NW 1/4, W 1/2 NE 1/4, Sec. 21, T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Sued herein as C. L. Donohue Co. Disclaimer signed C. L. Donohoe Company, idem sonans.

3 Name: FINNELL LAND COMPANY,
Description of land: Sections 8 and 9, T. 23 N., R. 6 W., M. D. B. & M., County of Tehama, State of California.
Note: Only land owned by this defendant is outside Stony Creek watershed.

4 Name: LEONARD W. GOLLNICK.
Stream: Stony Creek.
Description of land: SE 1/4 SW 1/4 Sec. 21; NE 1/4 NW 1/4, S 1/2 NW 1/4, SW 1/4, Sec. 28; SE 1/4 NE 1/4 Sec.

[p.] 39
29; W 1/2 NE 1/4, E 1/2 NW 1/4, Sec. 33; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

5 Name: WILLIAM LYONS.
Stream: Salt Creek.
Description of land: Lot 9 of Collins Tract near Stonyford; W 1/2 NW 1/4 SW 1/4 Sec. 33, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

6 Name: J. F. SILVER.
Stream: South Fork Elk Creek.
Description of land: SE 1/4 SE 1/4 Sec. 13, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant transferred the land before service of process upon him and before his disclamer to defendant Alma Silver, who was owner of the land at time of service of process upon her and against whom order pro confesso has been taken.

7 Name: SNOW MOUNTAIN LODGE, F. & A. M.
Stream: Big Stony
Description of land: Lots 23 and 24, Block 5; lots 33 and 34, Block 6; Stonyford, County of Colusa, State of California.

8 Name: HENRIETTA STEINEGGER.
Stream: Salt Creek.
Description of land: Fractional SE 1/4 NE 1/4 Sec. 32; SW 1/4 NW 1/4 Sec. 33; T. 21 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

[p.] 40

Note: Voluntary appearance by disclaimer by this defendant in lieu of service of process upon her. She owned the land at the time of said appearance and disclaimer.

9 Name: JESSIE TAYLOR, Administratrix of the estate of W. S. Taylor, deceased.
Stream: Big Stony Creek.
Description of land: S 1/2 SE 1/4 Sec. 19, T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant made voluntary appearance by disclaimer (see Article II of Findings herein). The land was part of said estate at time of said appearance and was subsequently transferred to defendants Geo. W. Lewis and Frank W. Lewis who made answer and submitted proof.

Conclusion of Law.
That the above named 9 defendants, and each of them, as same are listed and tabulated in the foregoing finding of fact, and each of the persons, estates, interests or ownerships represented by such of said defendants as may have been sued in a representative capacity herein, as against parties plaintiff and defendant herein or their rights as same may be determined and decreed herein, or any thereof, do not have or own, and they, and their successors and assigns are forever debarred and estopped from claiming or asserting, for or on account of any or any part of the lands owned or represented by them as set out in said finding, or at all, any right, title or interest in or to any of the waters or use of any of the waters of the

41
particular stream or streams, therein found to be possible sources of supply for said lands or some part thereof but not to traverse or touch same, or in or to any of the waters or use of any of the waters of Stony Creek or its tributaries for any purpose, or for or on account of said lands or any lands, whether said creek or some tributary or tributaries thereof touch or traverse the same or some part thereof, or are possible sources of supply therefor, or otherwise.

__________

XIII.

Finding of Fact
That the 6 defendants named in the following tabulation have also presented and filed disclaimers herein, therein and thereby disclaiming any and all right, title or interest in or to the waters of Stony Creek or its tributaries or any part thereof; that said defendants, when made parties and served with original process herein, were merely occupants or renters of lands in the Stony Creek watershed for which water rights were being or presumably would be claimed by others, and were not then or thereafter owners thereof or of any interest therein, to-wit:

A. M. Anderson, Ira Green, Volney Hayton, Chas. (Charles) Jaeger, James O'Brien, Ray Shively.

Conclusion of Law.
That the above named 6 defendants, and each of them, as same are listed and tabulated in the foregoing finding of fact, and their assigns and successors

42
in interest and each of them, as against the parties plaintiff or defendant herein or their rights as same may be determined and decreed herein, or any thereof, do not have or own, and are forever debarred and estopped from claiming or asserting, any right, title or interest in or to any of the waters or use of any of the waters of Stony Creek or its tributaries.

__________

XIV.

Finding of Fact.
That 256 of the defendants, and each thereof, as listed by name in the following tabulation, having been theretofore duly served with original process in this cause (save in the instance noted in said tabulation where voluntary appearance was made), failed and neglected to make or file answer or other defense or plea herein before the expiration of the time within which same were required to be made and filed, and have since remained in default of such answer or other defense or plea herein; that after the full expiration of said time orders pro confesso, upon the application of plaintiff, were duly taken and entered herein as against each and every of said defendants, said orders (applying also to certain other defendants as set out in Article XV below) being respectively entered herein on the 20th day of May, 2nd and 24th days of June, and 15th day of September, 1922; that the lands described under each defendant's name in said tabulation are hereby found to have been owned

43
by that defendant at the time of the service upon him of said original process herein, except as otherwise stated and hereby found in the notes appearing in said tabulation under certain of said names; that said lands, or some part or parcel thereof, were at said time and are now in each instance touched or traversed by the stream or streams of the Stony Creek System (the designation "tributary" being used for tributaries without names) whose name or names appear in said tabulation under the name of such defendant; that said lands, or some part or parcel thereof in some instances, and particularly where situate in the higher reaches of the watershed, may also be and perhaps are touched or traversed by one or more small tributaries, although no definite proof thereof is available herein; that the tabulation made part of this finding as aforesaid is as follows:

1 Name: CHAS. (CHARLES) ALEXANDER.
Stream: Tributary Stony Creek.
Description of land: W 1/2 SW 1/4 Sec. 11; W 1/2 Sec. 14; SW 1/4 NE 1/4, W 1/2, N 1/2 SE 1/4, SW 1/4 SE 1/4, Sec. 23; E 1/2 SW 1/4 Sec. 24; NW 1/4 NE 1/4, NW 1/4, Sec. 26; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

2 Name: H. C. ANGLE.
Stream: Stony Creek and Briscoe Creek.
Description of land: SW 1/4 NE 1/4, SW 1/4, (excepting 32 acres in SW 1/4 SW 1/4 belonging to the Rose-

[p.] 44
dale Realty Company), W 1/2 SE 1/4 Sec 16, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: His title was transferred after service to defendant James W. Sawyer. Answer made and proof submitted. Harvey E. Province substituted for James W. Sawyer.

3 Name: V. V. APPERSON, Administrator of the estate of John Apperson, deceased.
Stream: Stony Creek.
Description of land: Lot Y of Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80; County of Glenn, State of California.
Note: Land was part of said estate at time of service of process.

4 Name: FRANK BAGATELA.
Stream: Stony Creek.
Description of land: Lot 77 of Van Scycle Tract, as shown on plat in County Records in Book 6 of Maps and Surveys, County of Glenn, State of California.
Note: True name is as above--sued as F. Bagetelo in Amended complaint--appeared by stipulation of Nov. 4, 1919 through his counsel as Frank Bagatella--all one and the same person, idem sonans.

5 Name: C. W. BARKER.
Stream: Tributary Stony Creek.
Description of land: E 1/2 NW 1/4, SW 1/4 NW 1/4, NE 1/4 SW 1/4, Sec. 14, T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 45

6 Name: ELIZABETH M. BARKER.
Stream: Stony Creek.
Description of land: Set out in findings as to C. W. Barker and Frank M. Barker.
Note: Land transferred by this defendant before service of process upon her to C. W. Barker and Frank M. Barker, other defendants, who owned the land at the time of service of process upon them and against whom orders pro confesso also have been taken.

7 Name: D. V. BESSER.
Stream: Grindstone Creek
Description of land: N 1/2, N 1/2 S 1/2, Sec. 16, T. 21 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

8 Name: E. F. BICKFORD.
Stream: Elk Creek.
Description of land: E 1/2 SW 1/4, S 1/2 SE 1/4, Sec. 6, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

9 Name: THOS. (THOMAS) BISHOP COMPANY.
Streams: Briscoe Creek; also tributaries of Stony Creek and Grindstone Creek.
Description of land: Set out in finding as to Myrtle G. Davis.
Note: Land transferred by this defendant before service of process upnon it, through mesne conveyances, to defendant W. D'Egilbert, who owned it at the time of service of process upon him and

[p.] 46
against whom order pro confesso also has been taken. Land acquired by Thomas Bishop Company from defendant Myrtle G. Davis, who owned the land at the time of service of process upon her and against whom order pro confesso has been taken.

10 Name; GLEN H. BLAKE.
Stream: Briscoe Creek.
Description of land: Set out in finding as to Rosedale Realty Company.
Note: Land transferred by this defendant before service of process upon him to defendant Rosedale Realty Company, which disclaimed.

11 Name: W. W. BOARDMAN.
Stream: Little Indian Creek.
Description of land: W 1/2 Sec. 16; SE 1/4 SW 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 20; W 1/2, W 1/2 E 1/2, Sec. 21; T. l6 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

12 Name: CHAS. (CHARLES) BOND.
Stream: Tributary Stony Creek.
Description of land: SW 1/4 NE 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 26, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

13 Name: I. W. BRADLEY.
Stream: Indian Creek.
Description of land: NE 1/4 SE 1/4 Sec. 27, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

[p.] 47

14 Name: J. L. BRITTAN.
Stream: North Fork Big Stony Creek.
Description of land: W 1/2 NW 1/4, SE 1/4 NW 1/4, Sec. 22, T. 18 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

15 Name: MORRISON E. BRYAN.
Stream: North Fork Stony Creek.
Description of land: N 1/2, NE 1/4 SW 1/4, S 1/2 SW 1/4, SE 1/4, Sec. 35, T. 23 N., R. 5 W., County of Tehama; N 1/2 N 1/2, Sec. 2, T. 22 N., R. 5 W., County of Glenn; M. D. B. & M.; State of California.

16 Name: CELIA G. BURNHAM.
Stream: Elk Creek.
Description of land: Set out in finding as to E. W. Burnham.
Note: No land in Stony Creek watershed on record in her name. Title to this land in the name of her husband, E. W. Burnham, who disclaimed.

17 Name: AURA C. BURROWS.
Stream: Tributary Grindstone Creek.
Description of land: SE 1/4 SW 1/4 Sec. 17; NE 1/4 NW 1/4 Sec. 20; T. 21 N., R. 8 W., M. D. B. & M., County of Glenn, State of California.

18 Name: CHARLOTTE T. BURROWS.
Stream: Tributary of North Fork of Stony Creek and of Stony Creek.

[p.] 48
Description of land: All of Sec. 18; W 1/2 NE 1/4, N 1/2 NW 1/4, Sec. 19; T. 22 N., R. 5 W.; S 1/2 NE 1/4, E 1/2 SW 1/4, SE 1/4, Sec. 23; N 1/2 NE 1/4, SW 1/4 NE 1/4, NW 1/4, SE 1/4 SE 1/4, Sec. 24; E 1/2 NE 1/4, SW 1/4 NE 1/4, SE 1/4 NW 1/4, W 1/2 NW 1/4, SW 1/4, N 1/2 SE 1/4, SW 1/4 SE 1/4, Sec. 25; N 1/2 N 1/2, SW 1/4 NW 1/4, Sec. 35; W 1/2 Sec. 36; T. 22 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon her to defendant E. H. Tryon, who owned this land and other lands at time of service of process upon him, and who filed answer but failed to submit proof.

19 Name: I. A. BURROWS.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 N 1/2, S 1/2, Sec. 22 (excepting 29 5/32 acres, owned by E. H. Tryon); SW 1/4 NW 1/4, W 1/2 SW 1/4, Sec. 23; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

20 Name: E. T. BUTLER.
Stream: Mad Creek.
Description of land: NE 1/4 SE 1/4, S 1/2 SE 1/4, Sec. 25, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

21 Name: H. A. BUTLER.
Stream: Briscoe Creek.
Description of land: SE 1/4, NE 1/4 NE 1/4, W 1/2 NE 1/4, Sec. 29; NW 1/4 NW 1/4 Sec. 28; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 49

22 Name: BUTTE COUNTY SAVINGS BANK.
Stream: Stony Creek.
Description of land: Set out in finding as to Andrew Kaiser.
Note: It was erroneously assumed when this bank was made a party that it had some undivided interest in lands instead of mortgage or trust deed which it then held.

23 Name: M. H. CARLTON, Administrator of the estate of Annie Shaddock, deceased.
Stream: South Fork Elk Creek.
Description of land: NW 1/4 NW 1/4, S 1/2 NW 1/4, NW 1/4 SW 1/4, Sec. 13, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.
Note: Land was part of said estate at time of service of process.

24 Name: F. M. CARROLL.
Stream: Stony Creek.
Description of land: SE 1/4 Sec. 8, T. 22 N., R. 3 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon her to defendants Geo. Retzloff and Emma Retzloff, who answered and submitted proof.

25 Name: ELIZABETH D. CASE.
Stream: Indian Creek.
Description of land: Set out in finding as to F. J. Wells.

[p.] 50
Note: No land of record in Stony Creek watershed in name of this defendant. Record title of land in name of son, defendant F. J. Wells, at time of service of process upon him, and against whom order pro confesso also has been taken.

26 Name: JULIA E. CASPER.
Stream: Tributary Indian Creek.
Description of land: Set out in finding as to James Mathews.
Note: Land transferred by this defendant before service of process upon her to defendant James Mathews, who owned the land at the time of service of process upon him and against whom order pro confesso has also been taken.

27 Name: P. S. CASTLEMAN.
Stream: Mill Creek.
Description of land: E 1/2 SW 1/4, N 1/2 SE 1/4, Sec. 8, T. 17 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

28 Name: D. S. CHAMBERS.
Stream: Mad Creek.
Description of land: E 1/2 E 1/2 Sec. 35, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

29 Name: J. J. CHAMBERS.
Stream: North Fork Stony Creek.
Description of land: E 1/2 Sec. 23, T. 23 N., R. 7 W., County of Tehama; S 1/2 SW 1/4 Sec. 29; N 1/2

[p.] 51
NW 1/4, W 1/2 NE 1/4, Sec. 32; T. 21 N., R. 7 W.; County of Glenn, M. D. B. & M, State of California.

30 Name: GUISEPPI CHASSEUR.
Stream: Stony Creek.
Description of land: E 1/2 SE 1/4 Sec. 35, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

31 Name: LEONTINE CHASSEUR.
Stream: Stony Creek.
Description of land: W. 60 acres of W 1/2 SW 1/4 Sec. 36, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

32 Name: J. L. CILEY.
Stream: Tributary North Fork Big Stony Creek.
Description of land: SW 1/4 NW 1/4, N 1/2 SW 1/4, Sec. 5; NE 1/4 SE 1/4 Sec. 6; T. 18 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

33 Name: GEORGE CLARK,
Stream: North Fork Stony Creek.
Description of land: All of Sec. 36, T. 23 N., R. 5 W., M. D. B. & M., excepting west 63.34 acres and east 100 acres (approx.) thereof, County of Tehama, State of California.

34 Name: NORA CLARK.
Stream: North Fork Stony Creek.
Description of land: West 63.34 acres of W 1/2 W 1/2 Sec. 36, T. 23 N., R. 5 W., M. D. B. & M., County of Tehama, State of California.

[p.] 52

35 Name: WILLARD CLARK.
Stream: Hambright Creek and Stony Creek.
Description of land: N 1/2 N 1/2 Sec. 8, T. 22 N., R. 3 W.; SW 1/4, W 1/2 SE 1/4, Sec. 10; W 1/2 NE 1/4, S 1/2 SE 1/4 NE 1/4, W 1/2, SE 1/4, Sec. 15; S 1/2 S 1/2 NW 1/4, SW 1/4, SW 1/4 SE 1/4, Sec. 14; T. 22 N., R. 4 W.; M. D. B. & M., County of Glenn, State of California.

36 Name: A. W. CLEEK
Stream: Tributary Grindstone Creek.
Description of land: E 1/2 E 1/2 Sec. 9, T. 22 N., R. 9 W., M. D. B. & M., County of Glenn, State of California.

37 Name: J. S. CLEEK.
Stream: North Fork Stony Creek and Tributaries of Grindstone Creek.
Description of land: S 1/2 S 1/2 Sec. 32 [sic], T. 22 N., R. 5 W.; County of Tehama [sic]; E 1/2 SW 1/4, S 1/2 SE 1/4, Sec. 4, T. 22 N., R. 9 W.; N 1/2 NE 1/4, SW 1/4 NE 1/4, NW 1/4, N 1/2 SW 1/4, Sec. 5; N 1/2, E 1/2 SE 1/4, Sec. 6; T. 22 N., R. 5 W.; County of Glenn; M. D. B. & M.; State of California.
Note: Described lands in Sections 5 and 6, T. 22 N., R. 5 W., were transferred after service to defendant D. H. Masterson, whose successors in interest Mrs. D. H. Masterson, et al., answered and submitted proof.

38 Name: MARGARET S. COLEY.
Stream: Tributary Stony Creek,
Description of land: S 1/2 NE 1/4, SE 1/4 NW 1/4, NW 1/4 SE 1/4, Sec. 32, T. 19 N., R 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 53

39 Name: CHAS. COLLINS.
Stream: Salt Creek.
Description of land: NE 1/4 SW 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 32, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

40 Name: CONKLIN BROTHERS.
Streams: Tributaries of Grindstone and North Fork Stony Creek.
Description of land: W 1/2 SW 1/4, SE 1/4 SW 1/4, SW 1/4 SE 1/4, Sec. 6; W 1/2 NE 1/4, NW 1/4, W 1/2 SW 1/4, Sec. 7; T. 22 N., R. 6 W.; E 1/2 Sec. 1; W 1/2 NE 1/4, N 1/2 SE 1/4, Sec. 2; E 1/2 E 1/2, SW 1/4 NE 1/4, NW 1/4 SE 1/4, Sec. 12; T. 22 N., R. 7 W.; County of Glenn; W 1/2 SW 1/4 Sec. 11; W 1/2 NW 1/4 Sec. 14; E 1/2 E 1/2 Sec. 22; E 1/2 E 1/2 Sec. 23; NE 1/4 NE 1/4 Sec. 26; T. 23 N., R. 10 W., County of Tehama; M. D. B. & M.; State of California.
Note: Described land shown on county maps as in name of this defendant. Record title, however, is in name of defendants A. Conklin, et al., who answered and submitted proof.

41 Name: MARY E. COOK.
Stream: Indian Creek.
Description of land: NE 1/4 SW 1/4, NW 1/4 SE 1/4, S 1/2 SE 1/4, Sec. 27; S 1/2 SW 1/4 Sec. 26; SE 1/4 NE 1/4, SE 1/4, Sec. 34; SW 1/4 NE 1/4, W 1/2, W 1/2 SE 1/4, Sec. 35; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

42 Name: COOK SPRINGS MINERAL WATER COMPANY.
Stream: Indian Creek.
Description of land: SE 1/4 SW 1/4, SE 1/4, Sec. 3; E 1/2 E 1/2, SW 1/4 NE 1/4, Sec. 9; E 1/2 NE 1/4, N 1/2 NW 1/4,

[p.] 54
Sec. l0; T. 16 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

43 Name: G. L. CRAWFORD.
Stream: Indian Creek.
Description of land: S 1/2 NE 1/4, NW 1/4 NE 1/4, NE 1/4 SE 1/4, Sec. 24; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

44 Name: FRED H. CROOK.
Stream: Stony Creek.
Description of land: 12 acres in the SW 1/4 NE 1/4 Sec. 9, T. 20 N., R. 6 W., M. D. B. & M., extending along the west bank of Stony Creek 550 feet, more or less, southerly from the North line of said SW 1/4 NE 1/4 to Lot Y, of Elk Creek Town Plat, County of Glenn, State of California.

45 Name: JOHN CROSSETT.
Stream: Indian Creek.
Description of land: NE 1/4 SW 1/4, W 1/2 SE 1/4, Sec. 2; NW 1/4 NE 1/4 Sec. 11; T. 16 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

46 Name: C. L. CRUM.
Stream: Mill Creek.
Description of land: SE 1/4 SW 1/4 Sec. 18; N 1/2 NW 1/4, SW 1/4 NW 1/4, Sec. 19; T. 17 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

[p.] 55

47 Name: L. M. CULVER.
Stream: Stony Creek.
Description of land: SE 1/4 SW 1/4 Sec. 35, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant L. B. Graves, who owned the land at the time of service of process upon him and against whom order pro confesso has also been taken.

48 Name: O. CUSHMAN.
Note: No land in Stony Creek watershed on record in name of this defendant.

49 Name: F. N. CUSHMAN.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 NW 1/4 SW 1/4, SW 1/4 SW 1/4, Sec. 14; S 1/2 NE 1/4 SE 1/4, SE 1/4 SE 1/4, Sec. 15; NE 1/4 NE 1/4 Sec. 22; NW 1/4 NW 1/4 Sec. 23; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

50 Name: J. C. CUSHMAN.
Stream: North Fork Stony Creek.
Description of land: SW 1/4 NW 1/4, NW 1/4 SW 1/4, Sec. 13; SE 1/4 NE 1/4, E 1/2 SW 1/4, SE 1/4, Sec. 14; NE 1/4 NW 1/4 Sec. 23; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 56 Name: H. S. CUSHMAN.
Stream: Watson Creek.
Description of land: S 1/2 SW 1/4 Sec. 29; SE 1/4 SE 1/4 Sec. 30; E 1/2 NE 1/4, SW 1/4 NE 1/4, SE 1/4, Sec. 31; W 1/2, Sec. 32; T. 22 N., R. 6 W.; N 1/2 NW 1/4 Sec. 5, T. 21 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.
Note: No land in Stony Creek watershed on record in name of this defendant. Interest, if any, is in described land, record title of which is in name of defendant L. R. Cushman, who answered and submitted proof.

52 Name: L. V. CUSHMAN.
Stream: North Fork Stony Creek.
Description of land: NE 1/4, SE 1/4 NW 1/4, S 1/2, Sec. 7; N 1/2 N 1/2, S 1/2 S 1/2, Sec. 8; all of sec. 17; T. 22 N., R. 5 W.; E 1/2 W 1/2, E 1/2, Sec. 10; all of Sec. 11; SW 1/4 NE 1/4, W 1/2 NW 1/4, S 1/2, Sec. 12; E 1/2, E 1/2 W 1/2, NW 1/4 NW 1/4, Sec. 13; NE 1/4 NE 1/4, W 1/2 NE 1/4, NW 1/4, N 1/2 NW 1/4 SW 1/4, Sec. 14; NE 1/4, E 1/2 W 1/2, W 1/2 SE 1/4, N 1/2 NE 1/4 SE 1/4, Sec. 15; NW 1/4 NE 1/4, NE 1/4 NW 1/4 Sec. 22; T. 22 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.

53 Name: EDWARD DAVIS.
Stream: Indian Creek.
Description of land: SE 1/4 Sec. 14, T. 16 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

54 Name: MYRTLE G. DAVIS.
Stream: Briscoe Creek, tributary of Stony Creek, and of Grindstone Creek.

[p.] 57
Description of land: S 1/2 NW 1/4, SW 1/4, Sec. 30; NW 1/4 NE 1/4, SE 1/4 NE 1/4, NW 1/4, N 1/2 SW 1/4, SW 1/4 SW 1/4, SE 1/4, Sec. 31; T. 20 N., R. 6 W.; SE 1/4 SW 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 24; W 1/4 NE 1/4, SE 1/4 NE 1/4, E 1/2 NW 1/4, SW 1/4 NW 1/4, SW 1/4, NW 1/4 SE 1/4, Sec. 25; E 1/2 SE 1/4 Sec. 26; all of Sec. 36; T. 20 N., R. 7 W.; W 1/2, (being lots 3, 4, 5, 6, 7, 8, 9, & 12,) SW 1/4 SE 1/4, Sec. 6; E 1/2, lots 1, 6, 7, 8 of W 1/2 Sec. 7; NW 1/4 NE 1/4, SE 1/4 NE 1/4, E 1/2 SE 1/4, Sec. 18; NE 1/4 NE 1/4 Sec. 19; SW 1/4 NW 1/4, W 1/2 SW 1/4, Sec. 20; N 1/2 NW 1/4, SE 1/4 NW 1/4, NW 1/4 SE 1/4, SE 1/4 SE 1/4, Sec. 29; NE 1/4 NE 1/4 Sec. 32; W 1/2 NW 1/4, E 1/2 SW 1/4, Sec. 33; T. 19 N., R. 6 W.; NE 1/4, NE 1/4 NW 1/4, N 1/2 SE 1/4, Sec. 1; T. 19 N., R. 7 W.; NW 1/4 NE 1/4, SE 1/4 NE 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 4; N 1/2 NE 1/4, SW 1/4 NE 1/4, NW 1/4 SE 1/4, Sec. 9; T. 18 N., R. 6 W.; SW 1/4 NW 1/4, W 1/2 SW 1/4, SE 1/4 SW 1/4, SW 1/4 SE 1/4, Sec. 16; T. 22 N., R. 9 W.; M. D. B. & M., County of Glenn, State of California.

55 Name: MARY E. DECKER.
Stream: Indian Creek.
Description of land: SW 1/4 Sec. 10, T. 16 N., R, 6 W., M. D. B. & M., County of Colusa, State of California.

56 Name: J. DEVOST.
Stream: Nelson Creek.
Description of land: E 1/2 NE 1/4, W 1/2 E 1/2 E 1/2 SE 1/4, W 1/2 E 1/2 SE 1/4, Sec. 33, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant has an undivided interest in described land. True name is as above; sued in amended complaint as J. Devorst; idem sonans.

[p.] 58

57
Name: M. L. DIMMICK.
Stream: Briscoe Creek.
Description of land: N 1/2 NW 1/4, N 1/2 S 1/2 NW 1/4, Sec. 21, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

58 Name: H. B. DIXON.
Stream: Elk Creek.
Description of land: SW 1/4 Sec. 8; NW 1/4 NE 1/4, N 1/2 NW 1/4, Sec. 17; NE 1/4 NE 1/4 sec. [sic] 18; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

59 Name: ISAAC M. DIXON.
Stream: Briscoe Creek.
Description of land: E 1/2 SW 1/4, W 1/2 SE 1/4, Sec. 30, T. 20 N., R. 7 W., M. D. B. & M., County of State of California.

60 Name: MOLLIE DODD.
Stream; Elk Creek.
Description of land: Lot I, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80; County of Glenn, State of California.

61 Name: THOMAS DOUGALL.
Stream: North Fork of Stony Creek.
Description of land: N 1/2 Sec. 34, T. 23 N., R. 5 W., M. D. B. & M., County of Tehama, State of California.

[p.] 59

62 Name: J. HOMER DURHAM.
Stream: Little Stony Creek.
Description of land: E 1/2 SW 1/4 (being lots 11 and 14) Sec. 27, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

63 Name: W. D'EGILBERT.
Streams: Briscoe Creek, tributaries Stony Creek and Grindstone Creek.
Description of land: Set out in finding as to Myrtle G. Davis.
Note: See also finding as to Thos. Bishop Company.

64 Name: J. M. EASTBY.
Stream: Stony Creek.
Description of land: NW 1/4 NE 1/4, N 1/2 NW 1/4, Sec. 1, T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

65 Name: C. H. EHORN.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. E. White.
Note: Land transferred by this defendant before service of process upon him by mesne conveyances to defendant Chas. E. White, who owned the land at time of service of process upon him and against whom order pro confesso has also been taken.

[p.] 60

66 Name: JOHN C. ELLIS.
Stream: Tributary Grindstone Creek.
Description of land: S 1/2 NE 1/4, N 1/2 SE 1/4, Sec. 18, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

67 Name: MALINDA ELLIS.
Stream: Tributary Grindstone Creek.
Description of land: S 1/2 SW 1/4, SW 1/4 SE 1/4, Sec. 4; W 1/2 NE 1/4, NW 1/4, N 1/2 NE 1/4 SW 1/4, N 1/2 NW 1/4 SE 1/4, Sec. 9; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

68 Name: VIRGINIA ELLIS.
Stream: Grindstone Creek.
Description of land: SE 1/4 Sec. 8; W 1/2 SW 1/4 Sec. 9; W 1/2 NW 1/4 Sec. 16; N 1/2 NE 1/4 Sec. 17; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

69 Name: HENRY ENGRAHAM.
Stream: Little Stony Creek.
Description of land: S 1/2 SE 1/4 (being lots 15 and 16) Sec. 34, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

70 Name: ELIZA J. ENGRAHAM.
Stream: Little Stony Creek.
Description of land: Set out in finding as to Henry Engraham.

[p.] 61

Note: No land in Stony Creek watershed on record in her name. Record title in name of husband Henry Engraham, against whom order pro confesso has also been taken.

71 Name: S. A. ERVIN (Stewart A. Ervin).
Stream: North Fork Stony Creek.
Description of land: 165.75 acres in W 1/2 and SW 1/4 NE 1/4, Sec. 31, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

72 Name: EUGENE FATELY.
Stream: Nelson Creek.
Description of land: Set out in finding as to Paul Teihl, et. al.
Note: Land, or interest therein, transferred by this defendant after service of process upon him to defendants Paul Teihl, et al., who filed answer but failed to submit proof. Name as given in said answer, Eugenie Fately, idem sonans.

73 Name: JOHNSON FENDER.
Stream: Little Stony Creek.
Description of land: SW 1/4 SW 1/4 Sec. 23; S 1/2 S 1/2 Sec. 22; NW 1/4 NE 1/4, NW 1/4, NW 1/4 SW 1/4, Sec. 26; NE 1/4, N 1/2 NW 1/4, Sec. 27; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

74 Name: JOHN S. FINNELL.
Streams: Tributaries North Fork Stony Creek.
Description of land: Set out in finding as to Simpson Finnell.

[p.] 62
Note: Land transferred by this defendant before service of process upon him to defendant Simpson Finnell, who owned the land at the time of service of process upon him and against whom order pro confesso has also been taken.

75 Name: SIMPSON FINNELL.
Streams: Tributaries North Fork Stony Creek.
Description of land: All of sections 29, 30 and 31, T. 23 N., R. 5 W.; S 1/2 SE 1/4 Sec. 21; S 1/2 S 1/2 Sec. 22; all of sections 25, 26, 27; E 1/2, E 1/2 W 1/2, Sec. 28; E 1/2, E 1/2 W 1/2, Sec. 34; all of sections 35 and 36; T. 23 N., R. 6 W.; W 1/2 NE 1/4, E 1/2 NW 1/4, Sec. 25, T. 23 N., R. 9 W.; M. D. B. & M., County of Tehama, State of California.

76 Name: ZELLER C. FINNELL.
Stream: North Fork Stony Creek.
Description of land: S 1/2 Sec. 31; NW 1/4, S 1/2, Sec. 32; NE 1/4, S 1/2, Sec. 33; W 1/2 W 1/2, W 1/2 E 1/2 W 1/2, Sec. 34; T. 23 N., R. 6 W.; County of Tehama; N 1/2, SW 1/4, W 1/2 SE 1/4, Sec. 4; all of sec. 5; N 1/2, NE 1/4 SW 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 6; E 1/2 NE 1/4 Sec. 7; NE 1/4 NE 1/4, W 1/2 NE 1/4, NW 1/4, Sec. 8; NW 1/4 NE 1/4, NE 1/4 NW 1/4, Sec. 9; T. 22 N., R. 6 W.; County of Glenn; M. D. B. & M.; State of California.

77 Name: JUSTIN FIRMIGNAC.
Stream: Nelson Creek.
Description of land: Set out in finding as to Paul Teihl, et al.
Note: Land, or interest therein, transferred by this defendant after service of process upon him

[p.] 63
to defendants Paul Teihl, et al., who filed answer but failed to submit proof. Name as given in said answer, Julius Firmignac, idem sonans.

78 Name: GEO. W. FLETCHER.
Note: No land in Stony Creek watershed on record in name of this defendant.

79 Name: JOHN T. FLOOD.
Stream: North Fork Stony Creek.
Description of land: W 1/2 E 1/2, S 1/2 NW 1/4, SW 1/4, Sec. 1; E 1/2, E 1/2 W 1/2, W 1/2 SW 1/4, Sec. 2; E 1/2 SE 1/4 Sec. 3; NW 1/4 NE 1/4, E 1/2 NW 1/4, Sec. 12; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

80 Name: L. H. FLOOD,
Stream: North Fork Stony Creek.
Description of land: W 1/2 NE 1/4, S 1/2 NW 1/4, SW 1/4, W 1/2 SE 1/4, Sec. 1; E 1/2, E 1/2 NW 1/4, SW 1/4, Sec. 2; E 1/4 SE 1/4 Sec. 3; NW 1/4 NE 1/4, E 1/2 NW 1/4, Sec. 12; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

81 Name: J. L. FLOOD.
Stream: North Fork Stony Creek.
Description of land: W 1/4 NW 1/4 Sec. 2; NE 1/4, Fractional NE 1/4 SW 1/4, NW 1/4 SE 1/4, Sec. 3; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 64

82 Name: GEO. R. FREEMAN, Administrator of the estate of W. H. MARKHAM, Deceased.
Streams: Stony Creek and North Fork Elk Creek.
Description of land: All of sec. 1; N 1/2 NE 1/4 Sec. 12; T. 22 N., R. 5 W.; N 1/2 N 1/2 (being lots 1, 2, 3 and 4) Sec. 1; T. 20 N., R. 8 W.; M. D. B. & M., County of Glenn, State of California.
Note: Land was part of said estate at time of service of process.

83 Name: M. FRIDAY.
Stream: Elk Creek.
Description of land: Lots W, Vb, and 1/2 interest in Lot T, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

84 Name: SARAH FRIDAY.
Stream: Elk Creek.
Description of land: Lot K, of Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

85 Name: STELLA GIBBONS.
Stream: Heifer Camp Creek.
Description of land: SE 1/4 SE 1/4, E 1/2 SW 1/4 SE 1/4, S 1/2 N 1/4 SE 1/4, SE 1/4 NW 1/4 SE 1/4, Sec. 8; S 1/2 SW 1/4, S 1/2 N 1/2 SW 1/4, Sec. 9; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 65

86 Name: GEORGE R. GILLASPY.
Stream: A small tributary of Stony Creek.
Description of land: S 1/2 SW 1/4 (being lots 13 and 14) Sec. 19; NW 1/4, N 1/2 SW 1/4, Sec. 30; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

87 Name: M. GOLDEN.
Stream: Watson Creek.
Description of land: All of sec. 36, T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

88 Name: AUGUST GOLLNICK.
Stream: Stony Creek.
Description of land: Set out in finding as to Leornard W. Gollnick.
Note: Land transferred by this defendant before service of process upon him to defendant Leonard W. Gollnick, who disclaimed.

89 Name: R. A. GORDON.
Stream: Tributary Indian Creek.
Description of land: W 1/2 NW 1/4, SW 1/4, Sec. 13; NW 1/4, Fractional SW 1/4, Sec. 24; T. 17 N., R. 6 W., County of Colusa, State of California.

90 Name: F. A. GRAVES.
Stream: Stony Creek.
Description of land: E 1/2 NE 1/4; that part of W 1/2 NE 1/4 and NE 1/4 NW 1/4 Sec. 33 lying east of

[p.] 66
the lands of J. L. Baird and Chas. M. Hall; S 1/2 N 1/2, N 1/2 SW 1/4, SE 1/4 SW 1/4, SE 1/4, Sec. 34; SW 1/4 SW 1/4 Sec. 35; T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

91 Name: JOHN H. GRAVES.
Stream: Nelson Creek.
Description of land: Set out in finding as to Paul Teihl, et al.
Note: Land was transferred by this defendant before service of process upon him, by mesne conveyances to defendants Paul Teihl, et al., who answered but submitted no proof.

92 Name: L. B. GRAVES.
Stream: Stony Creek.
Description of land: SE 1/4 SW 1/4 Sec. 35, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

93 Name: W. R. GRAVES.
Stream: Stony Creek, and Hambright Creek.
Description of land: W 1/2 Sec. 2; SE 1/4 NE 1/4, E 1/2 SE 1/4, Sec. 3; E 1/2 E 1/2 Sec. 10; W 1/2 Sec. 11; N 1/2 NW 1/4, N 1/2 S 1/2 NW 1/4, Sec. 14; NE 1/4 NE 1/4, N 1/2 SE 1/4 NE 1/4, Sec. 15; T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

94 Name: P. H. GREEN.
Stream: Tributary Stony Creek.
Description of land: All of sections 25, 26, 35, 36; NE 1/4 Sec. 34; T. 21 N., R. 6 W., M, D. B. & M., County of Glenn, State of California.

[p.] 67

95 Name: W. A. GREENWOOD.
Stream: Stony Creek.
Description of land: W 1/2 SW 1/4 Sec. 9; that part of sec. 16, and of the W 1/2 Sec. 15, north of Hambright Creek and south of Stony Creek; T. 22 N., R. 3 W., M. D. B. & M., County of Glenn, State of California.

96 Name: C. W. GRIFFIN.
Streams: Tributaries of North Fork Stony Creek and of Grindstone Creek.
Description of land: NE 1/4 Sec. 25, T. 23 N., R. 7 W.; E 1/2 SE 1/4 SW 1/4 SW 1/4, S 1/2 SE 1/4 SW 1/4, that portion of S 1/2 SW 1/4 SE 1/4 west of County road, Sec. 19; NW 1/4, that portion of NE 1/4 west of County road, Sec. 30; T. 23 N., R. 6 W., M. D. B. & M., County of Tehama, State of California.

97 Name: E. R. GRIFFITH.
Stream: Tributary Stony Creek.
Description of land: Set out in finding as to Martin Mirande.
Note: Land, or interest therein, transferred by this defendant before service of process upon him to defendant Martin Mirande, who owned the land at the time of service of process upon him, and against whom order pro confesso has also been taken.

98 Name: W. H. GIFFITH.
Stream: Tributary Stony Creek.
Description of land: Set out in finding as to Martin Mirande,

[p.] 68
Note: Land, or interest therein, transferred by this defendant before service of process upon him to defendant Martin Mirande, who owned the land at time of service of process upon him, and against whom order pro confesso has also been taken.

99 Name: Mrs. H. HAMILTON.
Stream: Grindstone Creek.
Description of land: E 1/2 SW 1/4 Sec. 3; NW 1/4 NE 1/4, NE 1/4 NW 1/4, Sec. 10; T. 22 N., R. 9 W., M. D. B. & M., County of Glenn, State of California.

100 Name: OSWALD HANDLES.
Stream: Stony Creek.
Description of land: Lots 14 and 78b of Van Scycle Tract as shown on map on file as county record, Book 6 of Maps and Surveys, County of Glenn, State of California.

101 Name: ED. HARKNESS.
Stream: Stony Creek.
Description of land: Set out in finding as to Andrew Kaiser.
Note: It was erroneously assumed when this defendant was made a party that he had some undivided interest in the lands instead of a mortgage or trust deed which he then held.

102 Name: G. B. HARLAN.
Stream: Little Stony Creek.
Description of land: S 1/2 SW 1/4 NW 1/4, N 1/2 NW 1/4 SW 1/4, Sec. 5; S 1/2 SE 1/4 NE 1/4, N 1/2 NE 1/4 SE 1/4, Sec.

[p.] 69
6; T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

103 Name: W. F. HARLAN.
Stream: Little Stony Creek.
Description of land: Set out in finding as to G. B. Harlan.

104 Name: H. C. HASKELL.
Stream: Tributary Stony Creek.
Description of land: E 1/2 NE 1/4. Sec. 30, T. 21 N. R. 6 W., M. D. B. & M., County of Glenn, State of California.

105 Name: M. A. HAYWARD.
Stream: Stony Creek.
Description of land: Lot U, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

106 Name: K. G. HEARD.
Stream: Big Stony Creek.
Description of land: SW 1/4 Sec. 9, T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

107 Name: HENDERSON LONGTON CO.
Stream: Tributary Stony Creek.
Description of land: S 1/2 SE 1/4 Sec. 24, T. 23 N., R. 5 W., M. D. B. & M., County of Tehama, State of California.

[p.] 70

108 Name: W. G. HENNEKE.
Stream: Little Indian Creek.
Description of land: S 1/2 S 1/2 Sec. 36; T. 17 N., R. 6 W.; all of Sec. 1, excepting the NW 1/4 NE 1/4 and fractional S 1/2 S 1/2 SE 1/4 east of Little Indian Creek; E 1/2 E 1/2, SW 1/4 NE 1/4, Sec. 2; that part of E 1/2 west of Little Indian Creek, NW 1/4, E 1/2 SW 1/4, Sec. 12; NE 1/4, E 1/2 NW 1/4, Sec. 13; T. 16 N., R. 6 W.; M. D. B. & M., County of Colusa, State of California.

109 Name: FRANK HICKOK.
Stream: Tributary Stony Creek.
Description of land: W 1/2 Sec. 13; E 1/2 E 1/2 Sec. 14; E 1/2 NE 1/4 Sec. 23; NW 1/4, W 1/2 SW 1/4, Sec. 24; NW 1/4 NW 1/4, S 1/2 NW 1/4, Sec. 25; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of upon him to defendants A. P. Wakefield, et al., who answered and submitted proof.

110 Name: CALLIE E. HIGHTOWER.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 Sec. 30; N 1/2 Sec. 31; T. 23 N., R. 6 W.; S 1/2 Sec. 25; NE 1/4, S 1/2 NW 1/4, N 1/2 S 1/2, Sec. 36; T. 23 N., R. 7 W.; M. D. B. & M., County of Tehama, State of California.

Name: JOSEPHINE A. HOLT.
Stream: Stony Creek.
Description of land: S 1/2 NE 1/4, NE 1/4 SE 1/4, Sec. 1, T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

[p.] 71

112 Name: G. E. HOOK.
Stream: Tributary Indian Creek.
Description of land: NW 1/4 NW 1/4, S 1/2 NW 1/4, SW 1/4, SW 1/4 SE 1/4, E 1/2 SE 1/4, Sec. 18; NE 1/4, N 1/2 NW 1/4, NW 1/4 SE 1/4, Sec. 19; T. 17 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

113 Name: H. H. HOUSTON.
Stream: Tributary North Fork Elk Creek.
Description of land: SE 1/4 SE 1/4 Sec. 7; SW 1/4 SW 1/4 Sec. 8; T. 20 N., R. 7 W.; M. D. B. & M., County of Glenn, State of California.
Note: Sued as Administrator of the estate of Lucy Houston, deceased, but subsequently found to have no authorization as such Administrator.

114 Name: J. W. HOWELL.
Stream: Tributary Briscoe Creek.
Description of land: Set out in finding as to J. P. Lucas.
Note: Land transferred by this defendant before service of process upon him to defendant J. P. Lucas, who owned the land at the time of service of process upon him, and against whom order pro confesso also has been taken.

115 Name: LOUISA M. HULEN.
Stream: North Fork Stony Creek.
Description of land: Part of the D. H. Masterson estate, as set out in answer of Mrs. D. H. Masterson, et al.

[p.] 72
Note: Land transferred by this defendant before service of process upon her to defendant D. H. Masterson, whose successors in interest. Mrs. D. H. Masterson, et al., answered and submitted proof.

116 Name: JOHN HULL.
Stream: Tributary Grindstone Creek.
Description of land: E 1/2 SW 1/4 Sec. 31, T. 22 N., R. 6 W.; E 1/2 NW 1/4, S 1/2, being lots 3, 8 and 11 to 20 inclusive, Sec. 6; N 1/2, being lots 1 to 10 inclusive, Sec. 7; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

117 Name: BYRON IVORY.
Stream: Elk Creek.
Description of land: One-half interest in Lot T, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

118 Name: C. E. JAMESON.
Stream: Tributary Stony Creek.
Description of land: E 1/2 E 1/2, SW 1/4 SW 1/4, Sec. 17; SW 1/4 NE 1/4, W 1/2 SE 1/4, lots 2 and 6, S 1/2 lots 7 and 8, Sec. 18; lot 1 (or NW 1/4 NE 1/4), SE 1/4 NE 1/4, NE 1/4 SE 1/4, S 1/2 SE 1/4, Sec. 19; NW 1/4 NW 1/4, E 1/2 NW 1/4, Sec. 20; S 1/2 SW 1/4 Sec. 28; NW 1/4 NE 1/4, S 1/2 NE 1/4, SW 1/4 NW 1/4, NE 1/4 SE 1/4, Sec. 29; N 1/2 NE 1/4, SE 1/4 NE 1/4, E 1/2 NW 1/4, S 1/2 SE 1/4, Sec. 30; T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 73

119 Name: JOHN JOHANNSEN.
Stream: Stony Creek.
Description of land: The Johannsen estate as set out in the answer of John O. Johannsen, et al.
Note: This defendant died after service of process upon him. Successors in interest, defendants John O. Johannsen, et al., answered and submitted proof.

120 Name: P. A. JONES.
Streams: South Fork and Middle Fork Big Stony Creek.
Description of land: E 1/2 NW 1/4 Sec. 28, T. 18 N., R. 8 W., County of Lake; S 1/2 S 1/2 Sec. 27; N 1/2 SW 1/4 Sec. 28; T. 18 N., R. 8 W.; NW 1/4 NE 1/4, N 1/2 NW 1/4, Sec. 2; NE 1/4 NE 1/4 Sec. 3; W 1/2 NW 1/4, Sec. 10; SW 1/4 NW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4, SW 1/4 SE 1/4, Sec. 11; N 1/2 SW 1/4 Sec. 16; T. 17 N., R. 8 W.; County of Colusa; M. D. B. & M.; State of California.

121 Name: A. Z. JONES.
Streams: South Fork and Middle Fork Big Stony Creek.
Description of land: Set out in finding as to P. A. Jones.

122 Name: SUSAN A. JULIAN.
Stream: Tributary Stony Creek.
Description of land: All of sec. 24, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 74

123 Name: WILLIAM JULIAN.
Note: No land in Stony Creek watershed on record in name of this defendant.

124 Name: WM. KAISER.
Stream: Stony Creek.
Description of land: Lot 70 of Van Scycle Tract, County of Glenn, State of California.

125 Name: M. V. KALLOCH.
Stream: Paradise Creek.
Description of land: E 1/2 NW 1/4 NW 1/4, W 1/2 NE 1/4 NW 1/4, Sec. 32, T. 18 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

126 Name: KATE KARRIER.
Stream: Stony Creek.
Description of land: Lot 75 of Van Scycle Tract, County of Glenn, State of California.

127 Name: G. W. KELLER.
Stream: Heifer Camp Creek.
Description of land: SW 1/4 Sec. 18, T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant J. T. Edwards, who answered and submitted proof.

[p.] 75
Name: H. R. KELLER.
Stream: Tributary North Fork Stony Creek.
Description of land: W 1/2 NW 1/4 Sec. 18, T. 22 N., R. 6 W.; N 1/2 NW 1/4, SW 1/4 NW 1/4, Sec. 16; T. 22 N., R. 7 W.; M. D. B. & M., County of Glenn, State of California.

129 Name: H. D. KNIGHT.
Stream: Elk Creek.
Description of land: Lots B, E, F, N, R, S & O, Elk Creek, plat as shown in County records, Book 1 of Maps and Surveys, page 80; County of Glenn, State of California.

130 Name: ALEX KRAFT.
Stream: Stony Creek.
Description of land: lot 78a of Van Scycle Tract, County of Glenn, State of California.

131 Name: WILLIAM KRAUS.
Stream: Tributary Little Stony Creek.
Description of land: SE 1/4 NW 1/4, N 1/2 SW 1/4, SE 1/4 SW 1/4, Sec. 4; E 1/2 SE 1/4 Sec. 5; NE 1/4 NW 1/4 Sec. 9; T. 17 N., R. 6 W., M. D. B. & M. County of Colusa, State of California.

132 Name: F. W. LAUGHLIN.
Stream: Stony Creek.
Description of land: Part of land of defendant, F. A. Graves, set out in finding as to said defendant.

[p.] 76
Note: Land transferred by this defendant before service of process upon him to defendant F. A. Graves, who owned the land at time of service of process upon him and against whom order pro confesso has also been taken.

133 Name: J. J. LEA.
Stream: Little Stony Creek.
Description of land: W 1/2 NW 1/4 (or lots 4 and 5) Sec. 3; N 1/2 NE 1/4 (or lots 1 and 2), S 1/2 NE 1/4, NE 1/4 NW 1/4 (or lot 3), Sec. 4; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

134 Name: A. E. LINDSTRUM.
Stream: Tributary Stony Creek.
Description of land: E 1/2 SE 1/4 Sec. 32; W 1/2 SW 1/4 Sec. 33; T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

135 Name: ALICE M. LOVELADY.
Note: No land in Stony Creek watershed on record in name of this defendant.

136 Name: J. P. LUCAS.
Stream: Tributary Briscoe Creek.
Description of land: E 1/2 SW 1/4, W 1/2 SE 1/4, NE 1/4 SE 1/4, Sec. 19, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 77

137 Name: ZACHARIAS LUCE.
Stream: Heifer Camp Creek.
Description of land: SE 1/4 NE 1/4, NE 1/4 NW 1/4 SE 1/4, N 1/2 NE 1/4 SE 1/4, Sec. 8; NW 1/4 NW 1/4, S 1/2 NW 1/4, N 1/2 N 1/2 SW 1/4, Sec. 9; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

138 Name: DELLA LUDLOW.
Stream: Briscoe Creek.
Description of land: SE 1/4 SW 1/4 Sec. 17, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

139 Name: OSCAR LUNDGREN.
Stream: Salt Creek.
Description of land: S 1/2 Sec. 32, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

140 Name: MARY LYONS.
Stream: Tributaries Stony Creek and North Fork Stony Creek.
Description of land: Part of land of defendant E. C. Shults, set out in finding as to said defendant.
Note: Land transferred by this defendant before service of process upon her to defendant E. C. Shults, who disclaimed.

[p.] 78

141 Name: J. N. MAHAN.
Stream: Little Stony Creek.
Description of land: S 1/2 NE 1/4 SW 1/4, S 1/2 NW 1/4 SE 1/4, SW 1/4 SE 1/4, SW 1/4 SE 1/4 SE 1/4, Sec. 9, T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

142 Name: E. B. MANN.
Stream: Salt Creek.
Description of land: SW 1/4 NE 1/4, SE 1/4 NW 1/4, SW 1/4 SW 1/4, E 1/2 SW 1/4, SE 1/4, Sec. 31, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

143 Name: MRS. J. S. MANSON.
Stream: Elk Creek.
Description of land: S 1/2 NE 1/4, W 1/2 SE 1/4, Sec. 8; SW 1/4 NW 1/4, West 26 acres of SE 1/4 NW 1/4, Sec. 9; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

144 Name: J. H. MANSON.
Stream: South Fork Elk Creek.
Description of land: Set out in finding as to Linda Manson, Administratrix of the estate of J. H. Manson, deceased.
Note: This defendant died after service of process upon him. Successor in interest is defendant Linda Manson, Administratrix of his estate, against whom order pro confesso has also been taken.

[p.] 79

145 Name: LINDA MANSON, Administratrix of the estate of J. H. Manson, deceased.
Stream: South Fork Elk Creek.
Description of land: SW 1/4 NW 1/4, NW 1/4 SW 1/4, Sec. 30; T. 20 N., R. 7 W.; E 1/2 NE 1/4 Sec. 25, T. 20. N., R. 8 W.; M. D. B. & M., County of Glenn, State of California.
Note: Land was part of said estate at time of service of process.

146 Name: D.. A. MARKHAM.
Stream: Stony Creek.
Description of land: Part of lands of defendant G. W. Markham, set out in answer of said defendant.
Note: Land transferred by this defendant after service of process upon him to defendant G. W. Markham, who answered and submitted proof.

147 Name: W. H. MARKHAM.
Stream: Elk Creek.
Description of land: Set out in finding as to Geo. R. Freeman, Administrator of the estate of W. H. Markham, deceased.
Note: This defendant died after service of process upon him. Successor in interest is defendant Geo. R. Freeman, Administrator of his estate against whom order pro confesso has also been taken.

148 Name: EDITH C. MARTIN.
Stream: Tributary North Fork Stony Creek.
Description of land: Set out in finding as to Jesse Walcott.

[p.] 80
Note: Land transferred by this defendant before service of process upon her, by mesne conveyances, to defendant Jesse Walcott, who owned the land at time of service of process upon him and against whom order pro confesso has also been taken.

149 Name: G. L. MASON.
Stream: Big Stony Creek.
Description of land: SE 1/4 NE 1/4, E 1/2 SE 1/4 (being lots 8, 9 and 16) in Sec. 36, T. 18 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

150 Name: D. H. MASTERSON.
Stream: North Fork Stony Creek.
Description of land: Set out in answer of Mrs. D. H. Masterson, et al.
Note: This defendant died after service of process upon him. Successors in interest, Mrs. D. H. Masterson, et al., answered and submitted proof.

151 Name: JAMES MASTERSON.
Stream: North Fork Stony Creek.
Description of land: NE 1/4 NW 1/4 Sec. 4; T. 22 N., R. 5 W., County of Glenn; SE 1/4 NW 1/4 Sec. 32; T. 23 N., R. 5 W.; County of Tehama; M. D. B. & M.; State of California.

152 Name: JAMES MATHEWS.
Stream: Tributary Indian Creek.
Description of land: W 1/2 SE 1/4 Sec. 24; W 1/2 NE 1/4 Sec. 25; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

[p.] 81

153 Name: H. MAYFIELD.
Stream: Stony Creek.
Description of land: The North 25 feet of lot V, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

154 Name: JAMES MCCALL.
Stream: Stony Creek.
Description of land: Lot 78a, Van Scycle Tract, County of Glenn, State of California.

155 Name: MARY J. MCCUNE.
Stream: Stony Creek.
Description of land: Set out in finding as to Joseph M. Billiou.
Note: This defendant held undivided interest in the lands at time of service of process.

156 Name: PEARL MAKINNEY.
Stream: Grindstone Creek.
Description of land: NE 1/4, E 1/2 NW 1/4, NW 1/4 NW 1/4, NE 1/4 SW 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 16, T. 22 N., R. 9 W., M. D. B. & M., County of Glenn, State of California.

157 Name: I. E. MECUM.
Stream: North Fork Stony Creek.
Description of land: Part of the estate of D. H. Masterson, deceased, and set out in answer of his successors.

[p.] 82
Note: Land transferred by this defendant before service of process upon him, through mesne conveyances, to D. H. Masterson, whose successors in interest, Mrs. D. H. Masterson, et al., answered and submitted proof.

158 Name: CHRIS. MIKKELSON.
Stream: Tributary Stony Creek.
Description of land: Lot 2, S 1/2 NE 1/4, W 1/2 W 1/2, SE 1/4 SW 1/4, Sec. 1, T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

159 Name: HENRY MILLIGAN.
Stream: Heifer Camp Creek.
Description of land: Lots 2, 3 and 4, E 1/2 W 1/2, Sec. 36, T. 19 N., R. 6 W.; W 1/2 SW 1/4, SE 1/4, Sec. 7; SW 1/4, W 1/2 W 1/2 SE 1/4, Sec. 8; W 1/2 W 1/2 NW 1/4 Sec. 17; NE 1/4, E 1/2 NW 1/4, Sec. 18; T. 22 N., R. 6 W., M, D. B. & M., County of Glenn, State of California.

160 Name: ANN MILLSAPS.
Stream: Watson Creek.
Description of land: Set out in finding as to Morilla Millsaps.
Note: Land transferred by this defendant before service of process upon her to defendant Morilla Millsaps, who owned the land at time of service of process upon her and against whom order pro confesso has also been taken.

[p.] 83

161 Name: BYRON MILLSAPS.
Stream: Stony Creek.
Description of land: Part of Lot V and part of Lot U, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

162 Name: CHAS. MILLSAPS.
Stream: Tributary Grindstone Creek.
Description of land: W 1/2 SW 1/4 NW 1/4, W 1/2 W 1/2 SW 1/4, Sec. 3; E 1/2 E 1/2 Sec. 4; E 1/2 NE 1/4, NE 1/4 SE 1/4, Sec. 9; W 1/2 W 1/2 NW 1/4, W 1/2 NW 1/4 SW 1/4, Sec. 10; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

163 Name: DORA MILLSAPS.
Stream: Tributary Grindstone Creek.
Description of land: E 1/2 NE 1/4, SW 1/4 NE 1/4, E 1/2 W 1/2, NE 1/4 SE 1/4, Sec. 23; N 1/2 NW 1/4, Sec. 26; E 1/2 NE 1/4 Sec. 27; T. 21 N., R. 8 W., M. D. B. & M., County of Glenn, State of California.

164 Name: JAMES MILLSAPS.
Stream: Heifer Camp Creek.
Description of land: S 1/2 S 1/2, W 1/2 NW 1/4 SW 1/4; 35 acres in the N 1/2 S 1/2, Sec. 17; SE 1/4 Sec. 18; N 1/2 NE 1/4 Sec. 19; E 1/2, E 1/2 W 1/2, NW 1/4 NW 1/4, Sec. 20; N 1/2 NE 1/4, NE 1/4 NW 1/4, E 1/2 E 1/2 NW 1/4 NW 1/4, Sec. 29; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 84

165 Name: JOHN H. MILLSAPS.
Stream: Watson Creek.
Description of land: SE 1/4 Sec. 5, T. 21. N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

166 Name: JOHN H. MILLSAPS, Administrator of estate of A. J. Millsaps, deceased.
Stream: Watson Creek.
Description of land: SE 1/4 Sec. 5, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land was part of said estate at time of service of process.

167 Name: JOSEPH MILLSAPS.
Stream: Stony Creek.
Description of land: E 1/2, SE 1/4 NW 1/4, E 1/2 SW 1/4 NW 1/4, E 1/2 W 1/2 SW 1/4, E 1/2 SW 1/4, Sec. 3; E 1/2, E 1/2 NW 1/4, E 1/4 W 1/2 NW 1/4, NE 1/4 SW 1/4, E 1/2 NW 1/4 SW 1/4, Sec. 10; NE 1/4, N 1/4 SE 1/4, Sec. 15; T. 21 N., R. 6 W, M. D. B. & M., County of Glenn, State of California.

168 Name: MORILLA MILLSAPS.
Stream: Tributary Grindstone Creek.
Description of land; E 1/2 NE 1/4, SW 1/4 NE 1/4, E 1/2 W 1/2, NE 1/4 SE 1/4, Sec. 23; N 1/2 NW 1/4 Sec. 26; E 1/2 NE 1/4 Sec. 27; T. 21 N., R. 8 W., M. D. B & M., County of Glenn, State of California.

[p.] 85

169 Name: ORRIN L. MILLSAPS.
Stream: Tributary Heifer Camp Creek.
Description of land: S 1/2 NW 1/4, that portion N. and W. of County road of SW 1/4, S 1/2 S 1/2 NE 1/4 and of SE 1/4, Sec. 21, T. 22 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.

170 Name: MARTIN MIRANDE.
Stream: Tributary Stony Creek.
Description of land: S 1/2 NE 1/4, W 1/2 SE 1/4, Sec. 20; S 1/2, S 1/2 N 1/2 (excepting 1.69 acres right-of-way of Ellen Hunter) Sec. 21; N 1/2, SW 1/4 Sec. 28; all of Sec. 29; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

171 Name: MONTAGUE & FAXON.
Stream: Hambright Creek.
Description of land: NW 1/4 NE 1/4, S 1/2 NE 1/4, SE 1/4, Sec. 11; S 1/2 N 1/2, S 1/2 Sec. 12; NW 1/4 Sec. 13; NE 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 14; T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

172 Name: T. W. MORRIS.
Stream: Big Stony Creek.
Description of land: The West 30 acres of Lot 5 or SW 1/4 NW 1/4, W. 60 acres of Lots 12 and 13 or W 1/2 SW 1/4 of Sec. 31, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

[p.] 86

173 Name: WLLLIAM MOTT.
Stream: Tribuary Indian Creek.
Description of land: Set out in finding as to G. E. Hook.
Note: Land transferred by this defendant before service of process upon him to defendant G. E. Hook, who owned the land at time of service upon him, and against whom order pro confesso has also been taken.

174 Name: H. M. NELSON.
Stream: Stony Creek.
Description of land: Part of right-of-way of Northern Electric Railway Company, being a strip of land 60 feet, more or less, in width, crossing Stony Creek, eight thousand feet, more or less, above its mouth at the Sacramento River, County of Glenn, State of California.

175 Name: J. A. NELSON.
Stream: Mad Creek.
Description of land: SW 1/4 Sec. 29, T. 20 N., R. 7 W., M. B. D. & M., County of Glenn, State of California.

176 Name: SAVINA NELSON.
Stream: Stony Creek.
Description of land: Lot 13 of Van Scycle Tract, County of Glenn, State of California.

177 Name: MARY ANN NEWTON.
Stream: Indian Creek.
Description of land: SE 1/4 NE 1/4, E 1/2 SE 1/4, Sec. 35, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

[p.] 87

178 Name: P. M. NIESEN.
Stream: Tributary Stony Creek.
Description of land: W 1/2 NE 1/4, NW 1/4 SE 1/4, Sec. 30; SW 1/4 SE 1/4 Sec. 19; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

179 Name: J. D. NORDYKE.
Stream: Indian Creek.
Description of land: N 1/2 NW 1/4, SE 1/4 NW 1/4, SW 1/4 NE 1/4, Sec. 23; SW 1/4 NW 1/4, W 1/2 SW 1/4, SE 1/4 SW 1/4, NE 1/4 SE 1/4, Sec. 24; T. 16 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

180 Name: NORTHERN ELECTRIC RY. CO.
Stream: Stony Creek.
Description of land: The North 61.6 acres of the south 288.01 acres of the 800 acre tract described in finding as to Joseph M. Billiou, County of Glenn, State of California.

181 Name: D. J. OAKS.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 S 1/4 Sec. 18; NW 1/4 N 1/2 SW 1/4, Sec. 19; T. 23 N., R. 6 W.; SE 1/4 SE 1/4 Sec. 13, T. 23 N., R. 7 W., M. D. B. & M.; County of Tehama, State of California.

182 Name: ORLAND LAND COMPANY.
Stream: Stony Creek.
Description of land: Lots in Murdoch subdivision numbered as follows; 89, 90 91; 100, 101 (in

[p.] 88
section 8) 85, 86, 92, 93, 94, 96, 97, 98, 99 (in section 7); 107, 108, 112, 113 (in section 6); T. 22 N., R. 3 W.; 110, 111 (in section 1); 106 (in section 12) ; T. 22 N., R. 4 W.; M. D. B. & M., County of Glenn, State of California.

183 Name: ALBERT PAPST.
Stream: Hambright Creek.
Description of land: All of Sec. 17; NW 1/4 NW 1/4 Sec. 20; T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

184 Name: IDA PAPST.
Stream: Hambright Creek.
Description of land: S 1/2 NE 1/4, SE 1/4 NW 1/4, E 1/2 SW 1/4, SE 1/4, Sec. 8; NE 1/4, E 1/2 NW 1/4, Sec. 16; T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

185 Name: MATHIAS PEDERSEN.
Stream: Stony Creek.
Description of land: Set out in finding as to L. B. Graves.
Note: Land transferred by this defendant before service of process upon him to defendant L. B. Graves, who owned the land at time of service upon him, and against whom order pro confesso has also been taken.

186 Name: CHAS. POWELL.
Stream: Tributary Grindstone Creek.
Description of land: NE 1/4 Sec. 8, T. 21 N., R. 6 W., M. D. B.& M., County of Glenn, State of California.

[p.] 89

187 Name: MARY POWELL.
Stream: Tributary Grindstone Creek.
Description of land: S 1/2 NW 1/4, SW 1/4, Sec. 5; NE 1/4 (being lots 1, 2, 9 and 10) Sec. 6; W 1/2 Sec. 8; N 1/2 NW 1/4 Sec. 17; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

188 Name: MRS. J. A. PRICE.
Stream: North Fork Stony Creek.
Description of land: E 1/2 SW 1/4, SE 1/4, Sec. 34; NW 1/4 SW 1/4 Sec. 35; T. 23 N., R. 5 W., M. D. B. & M., County of Tehama, State of California.
Note: This defendant, in lieu of service of process upon her, voluntarily appeared by way of stipulation of Nov. 4, 1919, in re settlement of pleadings, etc.

189 Name: A. L. PROVINCE.
Stream: Elk Creek.
Description of land: E 1/2 E 1/2 Sec. 29, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

190 Name: ELVIRA R. PROVINCE.
Stream: Elk Creek.
Description of land: E 1/2, E 1/2 SW 1/4, lot 4 of SW 1/4, Sec. 7; NW 1/4, excepting the NE 6 acres thereof transferred to J. S. Sale, Sec. 8; Lot 1 of NW 1/4 Sec. 18; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 90

191 Name: MARY E. PROVINCE.
Note: No land in Stony Creek watershed on record in name of this defendant.

192 Name: C. B. PURINGTON.
Stream: Little Stony Creek.
Description of land: N 1/2 SE 1/4 Sec. 8; W 1/2 SW 1/4 Sec. 9; T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

193 Name: CHARLOTTE R. RAGLAN.
Stream: North Fork Stony Creek.
Description of land: N 1/2 NE 1/4, N 1/2 S 1/2 NE 1/4, N 1/2 NW 1/4, Sec. 21; NW 1/4 NW 1/4 Sec. 22; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

194 Name: S. A. RALSTON.
Stream: Stony Creek.
Description of land: Set out in answer of A. P. Wakefield and Frank Whalley.
Note: Land, or interest therein, transferred by this defendant after service of process upon him to defendant Frank Whalley, who answered and submitted proof.

195 Name: H. G. RAWLINS.
Stream: Tributary Salt Creek.
Description of land: That part north of road (43.5 acres) of E 1/2 NE 1/4 Sec. 32; NW 1/4 NW 1/4

[p.] 91
Sec. 33; T. 21 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

196 Name: GEORGE RAY.
Stream: Little Stony Creek.
Description of land: SW 1/4 NE 1/4, N 1/2 SE 1/4 NE 1/4, Sec. 6; N 1/2 SW 1/4 NW 1/4, W 1/2 SE 1/4 NW 1/4, Sec. 5; T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

197 Name: ELIZABETH REES.
Stream: Little Indian Creek.
Description of land: NE 1/4 NE 1/4 Sec. 30, T. 16 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

198 Name: JOHN S. REES.
Stream: Little Indian Creek.
Description of land: NE 1/4 SE 1/4, Sec. 13; T. 16 N., R. 6 W.; S 1/2 SW 1/4, SW 1/4 SE 1/4, Sec. 17; W 1/2, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 18; NE 1/4 NE 1/4, W 1/2 NE 1/4, NW 1/4, NE 1/4 SW 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 19; NW 1/4 NE 1/4, W 1/2 NW 1/4, SE 1/4 NW 1/4, NE 1/4 SW 1/4, Sec. 20; T. 16 N., R. 5 W.; M. D. B. & M., County of Colusa, State of California.

199 Name: ISABEL E. REYNOLDS.
Stream: Stony Creek.
Description of land: E 1/2, NW 1/4, Sec. 27, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 92
Note: This defendant died after service of process. Successor in interest, defendant Eugene K. Reynolds, Administrator of estate, filed answer but failed to submit proof. True name, as given in said answer, Isidore Reynolds, idem sonans.

200 Name: ELISHA RICH.
Stream: Briscoe Creek.
Description of land: W 1/2 E 1/2 Sec. 30, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

201 Name: HARRISON B. RILEY.
Streams: Tributaries Grindstone, Salt Creek and Elk Creek.
Description of land: SW 1/4, S 1/2 SE 1/4, NE 1/4 SE 1/4, Sec. 16; E 1/2 SE 1/4 Sec. 19; SW 1/4 SW 1/4 Sec. 20; W 1/2 NW 1/4 Sec. 27; NE 1/4, N 1/2 NW 1/4, Sec. 28; SW 1/4 NE 1/4, NW 1/4 NW 1/4, SE 1/4 NW 1/4, E 1/2 SW 1/4, Sec. 29; T. 22 N., R. 8 W.; SW 1/4, NW 1/4 NW 1/4, Sec. 5; NE 1/4 NE 1/4, NW 1/4, S 1/2, Sec. 6; W 1/2, SE 1/4, Sec. 8; NW 1/4 Sec. 17; all sec. 18; SW 1/4 NE 1/4, W 1/2, W 1/2 SE 1/4, Sec. 19; NW 1/4 SE 1/4, S 1/2 S 1/2, Sec. 25; W 1/2 NE 1/4, S 1/2 NW 1/4, SW 1/4, S 1/2 SE 1/4, Sec. 26; SW 1/4 NE 1/4, S 1/2, Sec. 27; E 1/2 E 1/2, SW 1/4 SE 1/4, SW 1/4, Sec. 28; SW 1/4 NE 1/4, NW 1/4 NW 1/4, S 1/2 NW 1/4, N 1/2 SW 1/4, SE 1/4 SW 1/4, SE 1/4, Sec. 29; N 1/2, N 1/2 SW 1/4, W 1/2 SE 1/4, Sec. 30; N 1/2 NE 1/4 Sec. 32; NE 1/4, E 1/2 NW 1/4, NW 1/4 NW 1/4, Sec. 33; NE 1/4 NE 1/4, NW 1/4 NW 1/4, S 1/2 NW 1/4, SW 1/4, SW 1/4 SE 1/4, E 1/2 SE 1/4, Sec. 34; All Sec. 35; All Sec. 36; T. 21 N., R. 8 W.; SW 1/4 SW 1/4 Sec. 30; NW 1/4 NW 1/4, S 1/2 NW 1/4, W 1/2 SW 1/4, Sec. 31; T. 21 N., R. 7 W.; NW 1/4 Sec. 18, T. 20 N., R. 7 W.; all Sec. 2; N 1/2 Sec. 3; NE 1/4 Sec. 11; NW 1/4 Sec. 13; T. 20 N., R. 8 W.; M. D. B. & M., County of Glenn, State of California.

[p.] 93
Note: This defendant appeared on the assessment roll as owner of the above described lands but his interest evidently was that of agent and trustee for The Miami Corporation, in whom record title appears.

202 Name: JAMES RODEN.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 NE 1/4 Sec. 29; E 1/2 NW 1/4, SE 1/4, N 1/2 SW 1/4, S 1/2 S 1/2 NE 1/4, S 1/2 S 1/2 NW 1/4, a strip containing 15 acres off the east side of the SW 1/4 SE 1/4, Sec. 28; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant had undivided interest in described land at time of service of process upon him.

203 Name: WALTER RODEN.
Stream: Tributary North Fork Stony Creek.
Description of land: Set out in finding as to James Roden.
Note: This defendant had undivided interest in the land at time of service of process upon him.

204 Name: ELIZ. A. RODGERS.
Stream: Stony Creek.
Description of land: NE 1/4 NE 1/4 Sec. 3, T. 22 N., R. 4 W.; S 1/2 NW 1/4 Sec. 19; T. 22 N., R. 5 W.; W 1/2 W 1/2 Sec. 15; that part east of Stony Creek of Sec. 16; E 1/2 E 1/2, SW 1/4 SE 1/4, that part east of Stony Creek of W 1/2 W 1/2, Sec. 21; NW 1/4 NW 1/4 Sec. 22; N 1/2 NE 1/4, NW 1/4 NW 1/4, Sec. 28, T. 18

[p.] 94
N., R. 6 W.; M. D. B. & M., County of Glenn. State of California.

205 Name: M. ROSENBERG.
Stream: Briscoe Creek.
Description of land: Set out in finding as to Henry Steinbach.
Note: No land in Stony Creek watershed on record in name of this defendant. Interest, if any, is in land of which the record title was in name of defendant Henry Steinbach at time of service of process upon him and against whom order pro confesso has also been taken.

206 Name: WILLIAM ROSER.
Stream: Stony Creek.
Description of land: Set out in finding as to defendant F. A. Graves, being a part of the lands iof said defendant.
Note: Land transferred by this defendant before service of process upon him to defendant F. A. Graves, who owned the land at time of service of process upon him and against whom order pro confesso has also been taken.

207 Name: KATE ROWECROFT.
Stream: Tributary Grindstone Creek.
Description of land: S 1/2, being lots 11 to 20, inclusive, Sec. 7; and W 1/2 1/4 W 1/4, being lots 4, 5, 6 and 7, Sec. 18; T. 21 N., R. 6 W., M. D. B, & M., County of Glenn, State of California.

[p.] 95

208 Name: SACRAMENTO VALLEY IRRIGATION CO.
Stream: Stony Creek.
Description of land: Set out in finding as to James Mills Orchards Corporation and Esperanza Land Corporation.
Note: Land transferred by this defendant before service of process upon it to defendants James Mills Orchards Corporation and Esperanza Land Corporation, both of which disclaimed.

209 Name: SACRAMENTO VALLEY WEST SIDE CANAL CO.
Note: No land in Stony Creek watershed on record in name of this defendant. The property involved, including canals, ditches, right-of-way, and water rights, was transferred before service of process to the Glenn-Colusa Irrigation District, which answered.

210 Name: CARRIE SANFORD.
Stream: Little Stony Creek.
Description of land: SW 1/4 SW 1/4, or Lot 4, Sec. 31; T. 17 N., R. 7 W.; NW 1/4 NW 1/4, S 1/2 NW 1/4, NW 1/4 SW 1/4, Sec. 6; T. 16 N., R. 7 W.; E 1/2 SE 1/4 Sec. 1, T. 16 N., R. 8 W.; SE 1/4 SE 1/4 Sec. 12; N 1/2 NE 1/4 Sec. 13; T. 17 N., R. 8 W.; M. D. B. & M., County of Colusa, State of California.

211 Name: S. SAVIO.
Stream: Stony Creek.
Description of land: W 1/2 SE 1/4 Sec. 35, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

[p.] 96

212 Name: BARBARA SCHMITZER.
Stream Indian Creek.
Description of land: SW 1/4 SE 1/4 Sec. 7; W 1/2 NE 1/4, SE 1/4 NE 1/4, NE 1/4 NW 1/4, Sec. 18; T. 17 N., R. 5 W.; S 1/2 SW 1/4 Sec. 6; NW 1/4 NE 1/4, NE 1/4 NW 1/4, Sec. 7; T. 16 N., R. 7 W.; M. D. B. & M., County of Colusa, State of California.

213 Name: B. N. SCRIBNER CO.
Stream: North Fork Stony Creek.
Description of and: W 1/2 Sec. 16; E 1/2 Sec. 17; E 1/2, Sec. 20; W 1/2, W 1/2 NE 1/4, NW 1/4 SE 1/4, Sec. 21; W 1/2 W 1/2 Sec. 28; E 1/2 Sec. 29; NE 1/4 Sec. 32; NW 1/4 Sec. 33; T. 23 N., R. 6 W., M. D. B. & M., County of Tehama, State of California.

214 Name: J. A. SCRIBNER, Administrator of the estate of G. W. LANTZ, deceased.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 NW 1/4, SW 1/4, Sec. 17; E 1/2 E l/2 Sec. 18; E 1/2 E 1/2, NW 1/4 SE 1/4, Fractional E 1/2 SW 1/4 S/E 1/4 (being part East of County road), Sec. 19; W 1/2 Sec. 20; W 1/2 Sec. 29; that part East of County road of Sec. 30; T. 23 N., R. 6 W., M. D. B. & M., County of Tehama, State of California.
Note: Land was part of said estate at time of service of process.

215 Name: J. A. SCRIBNER.
Stream; Stony Creek.
Description of land: Set out in finding as to B. N. Scribner Co.

[p.] 97
Note: No lands in Stony Creek watershed involved in this cause, on record in his name. Interest, if any, is in lands of defendant B. N. Scribner Co., record title of which was in name of said defendant at time of service of process upon it, and against which order pro confesso has also been taken.

216 Name: MAUDE C. SEHORN.
Stream: Stony Creek.
Description of land: Beginning at an iron pin which is the established and accepted northeast corner of the Michael Billiou Ranch, known as the Home Place, said corner being also the NW corner of the property known as the Van Scycle Tract; thence running (variation 18 deg. and 30 min. East) south 0 Deg. 6 min. west, along the east line of the said Billiou Ranch to the SE corner thereof, said corner being marked by a 4 by 4 inch granite stone; thence south 59 degrees and 23 min. west, 500 feet more or less, to the center of Stony Creek; thence meandering westerly along and with the center line of said creek to a point 3922.2 feet west and 2795.4 feet south of the place of beginning; thence running due north 2795.4 feet to a one inch iron pipe in the north line of aforesaid ranch; thence north 89 deg. and 30 min. east, along the north line of aforesaid ranch 3922.2 feet to the place of beginning; said tract containing 218.83 acres, more or less, the same being part of the Capay Rancho, County of Glenn, State of California.

217 Name: JAMES SEROS.
Stream: Salt Creek.
Description of land: SW 1/4 SE 1/4 Sec. 18; W 1/2 NE 1/4, SE 1/4 NE 1/4, SE 1/4, Sec. 19; SW 1/4 Sec. 20;

[p.] 98
N 1/2 NW 1/4 Sec. 29; E 1/2 NE 1/4 Sec. 30; T. 21 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

218 Name: A. M. SHARP.
Stream: Salt Creek.
Description of land: S 1/2 NW 1/4, N 1/2 SW 1/4, Sec. 18, T. 21 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

219 Name: ROBERT SHARP.
Stream: Tributary Little Stony Creek.
Description of land: NE 1/4 NW 1/4, W 1/2 NW 1/4, Sec. 17; SE 1/4 NE 1/4 Sec. 18; T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

220 Name: CLARISSA SHAW.
Stream: Indian Creek.
Description of land: W 1/2 NE 1/4, W 1/2, Sec. 7, T. 17 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

221 Name: JENNIE T. SHELTON.
Stream: North Fork Stony Creek.
Description of land: Set out in finding as to Zeller C. Finnell.
Note: Land transferred by this defendant before service of process upon her to defendant Zeller C. Finnell, who owned the land at time of service of process upon her and against whom order pro confesso has also been taken.

[p.] 99

222 Name: C. T. SOETH.
Stream: Tributary Stony Creek.
Description of land: NW 1/4 NW 1/4 Sec. 15; N 1/2 Sec. 16; S 1/2 S 1/2 S 1/2 S 1/2 Sec. 9; T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

223 Name: GEORGE SOETH.
Stream: Stony Creek.
Description of land: E 1/2 W 1/2, SE 1/4, E 1/2 NE 1/4, the west 28 acres of W 1/2 NE 1/4, Sec. 22; W 1/2 NW 1/4, SW 1/4, Sec. 23; W 1/2 Sec. 26; E 1/2 Sec. 27; T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant is renter of the described land, record title of same being in name of defendant John H. Soeth, who answered and submitted proof.

224 Name: W. E. SQUIRES.
Stream: Grindstonc Creek.
Description of land: E 1/2 NW 1/4, being lots 3 & 8, NE 1/4 SW 1/4, being lot 13, Sec. 18, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

225 Name: HENRY STEINBACH
Stream: Briscoe Creek.
Description of land: S 1/2 S 1/2, NE 1/4 SW 1/4, Sec. 1; SE 1/4 SE 1/4 Sec. 2; NE 1/4 Sec. 12; T. 19 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

[p.] 100

226 Name: GEO. C. STITES.
Stream: Little Stony Creek.
Description of land: W 1/2 NE 1/4, NE 1/4 SW 1/4, NW 1/4 SE 1/4, Sec. 21, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

227 Name: W. H. STITES.
Stream: Tributary Little Stony Creek.
Description of land: SE 1/4 SW 1/4 Sec. 9, T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California. This defendant, however, was substituted for defendant Thos. Fairlee, as stated in Article VIII of these findings, and is relieved of the order pro confesso to the extent of such rights as may be decreed to him as such substitute.

228 Name: E. B. & A. L. STONE CO.
Stream: Tributary Indian Creek.
Description of land: NW 1/4 Sec. 20, T. 17 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

229 Name: J. A. STOUT.
Stream: South Fork Elk Creek.
Description of land: W 1/2 NE 1/4, E 1/2 NW 1/4, Sec. 29, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

[p.] 101

230 Name: STOVALL-WILCOXSON.
Stream: Little Indian Creek:.
Description of land: That part east of Little Indian Creek of S 1/2 S 1/2 SE 1/4 Sec. 1; and of E 1/2 Sec. 12; T. 16 N., R. 6 W.; W 1/2 W 1/2 Sec. 6; SW 1/4 NE 1/4, W 1/2, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 7; SW 1/4 NW 1/4, N 1/2 SW 1/4, Sec. 17; NE 1/4, NE 1/4 SE 1/4, Sec. 18; T. 16 N., R. 5 W.; M. D. B. & M., County of Colusa, State of California.

231 Name: FRED E. STRAWN.
Stream: Stony Creek.
Description of land: That part W. of Stony Creek of N 1/2 NW 1/4 Sec. 34; and of the portion of SE 1/4 SW 1/4 Sec. 27 that lies S. of the lands of A. C. Bayley; T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant after service of process upon him to defendant I. E. True, who answered and submitted proof.

232 Name: B. H. SUTLIFF.
Stream: Big Stony Creek.
Description of land: NW 1/4 Sec. 29; N 1/2 Sec. 30; T. 18 N., R. 6 W., County of Glenn; S 1/2 Sec 30, T. 18 N., R. 6 W., County of Colusa; M. D. B. & M.; State of California.

233 Name: ELLIS A. SUTLIFF.
Stream: Big Stony Creek.
Description of land: Set out in finding as to B. H. Sutliff.

[p.] 102

234 Name: G. W. SUTLIFF.
Stream: Big Stony Creek.
Description of land: Set out in finding as to B. H. Sutliff.

235 Name: EMILY SUTLIFF.
Stream: Big Stony Creek.
Description of land: Set out in finding as to B. H. Sutliff.

236 Name: F. T. TAYLOR.
Stream: Stony Creek.
Description of land: SE 1/4 NW 1/4, E 1/2 SW 1/4, SW 1/4 SE 1/4, Sec. 2, T. 18 N., R. 6 W., County of Glenn, State of California.

237 Name: GEO. N. TAYLOR.
Stream: Tributary Indian Creek.
Description of land: W 1/2 Sec. 6, T. 17 N. R. 5 W., M. D. B. & M., County of Colusa, State of California.

238 Name: CHAS A. TEMPLETON.
Stream: Grindstone Creek.
Description of land: SW 1/4, being lots 3 and 4, Sec. 30, T. 23 N., R. 9 W.; N 1/2 SE 1/4 Sec. 25, T. 23 N., R. 10 W.; M. D. B. & M., County of Tehama, State of California.

[p.] 103

239 Name: J. THOMAS.
Stream: Stony Creek.
Description of land: Part of the lands of defendant F. A. Graves as set out in finding as to said defendant.
Note: Land transferred by this defendant before service of process upon him to defendant F. A. Graves, who owned the land at time of service of process upon him, and against whom order pro confesso has also been taken.

240 Name: J. A. TOPPING.
Stream: North Fork Stony Creek.
Description of land: N 1/2 S 1/2 SW 1/4, SW 1/4 SW 1/4 SW 1/4, W 1/2 SE 1/4 SW 1/4 SW 1/4, that portion of N 1/2 SW 1/4 SE 1/4 west of County road, Sec. 19; T. 23 N., R. 6 W.; SE 1/4 SW 1/4, SW 1/4 SE 1/4, Sec. 13; all of Sec. 24; T 23 N., R. 7 W.; M. D. B. & M., County of Tehama, State of California.

241 Name: GEO. TRANK.
Stream: Stony Creek.
Description of land: Lots 71, 72, 73 and 74 of Van Scycle Tract, County of Glenn, State of California.

242 Name: A. J. TRIPLETT.

Note: No land in Stony Creek watershed on record in his name. Land on which he lived, as a renter, in name of defendant S. A. Hineline, who answered and submitted proof.

[p.] 104

243 Name: C. E. TURNER.
Stream: Stony Creek
Description of land: E 1/2 NE 1/4 NW 1/4 Sec. 23; part of SE 1/4 SE 1/4 SW 1/4 of Sec. 14; T. 22 N., R. 3 W., M. D. B. & M., County of Glenn, State of California.

244 Name: MATT URJEVICH.
Stream: Stony Creek.
Description of land: Lot 76 of Van Scycle Tract, County of Glenn, State of California.

245 Name: A. P. VALINE.
Stream: Hambright Creek.
Description of land: NE 1/4 NE 1/4 Sec. 11, T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

246 Name: GEO. VANDERFORD.
Stream: Grindstone Creek.
Description of land: Part of lands of defendant, Ellen Hunter, and set out in answer of said defendant.
Note: Land transferred by this defendant after service of process upon him to defendant Ellen Hunter, who answered and submitted proof.

247 Name: JESSE WALCOTT.
Stream: Small tributary to Stony Creek.
Description of land: All Sec. 7; part west of County Road Sec. 8; W 1/2 NE 1/4, NW 1/4, N 1/4 SW 1/4,

[p.] 105 Sec. 18; T. 23 N., R. 6 W.; NE 1/4, N 1/2 SE 1/4, Sec. 13, T. 23 N., R. 7 W.; M. D. B. & M., County of Tehama, State of California.

248 Name: F. J. WELLS.
Stream: Indian Creek.
Description of land: E 1/2 NE 1/4 Sec. 26, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

249 Name: FRANK S. WEST.
Stream: Stony Creek.
Description of land: Lots 65, 66, 67, 68 and 69 of Van Scycle Tract, County of Glenn, State of California.

250 Name: KATIE WEST.
Stream: Mad Creek.
Description of land: SW 1/4 SW 1/4, Sec. 27; S 1/2 SE 1/4 Sec. 28; NE 1/4 NE 1/4 Sec. 33; T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

251 Name: CHAS. E. WHITE.
Stream: Stony Creek.
Description of land: E 1/2 W 1/2 SW 1/4, E 1/2 SW 1/4, Sec. 36, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

252 Name: OLIVER P. WIGGINS.
Stream: North Fork Stony Creek.
Description of land: W 1/2 W 1/2 W 1/2 Sec. 31., T. 23 N., R. 4 W.; and E 1/2 E 1/2 E 1/2 Sec. 36, T. 23

[p.] 106
N., R. 5 W.; M. D. B. & M., County of Tehama, State of California.

253 Name: A. E. WILLIAMS.
Stream: Stony Creek.
Description of land: Beginning at a one inch iron pipe in the North line of Michael Billiou Ranch, known as the homeplace, 3,922.2 feet, more or less, west of an iron pin which is the established and accepted northeast corner of said ranch, thence running (magnetic variation 18 deg. and 30 min. east) due south 2795.4 feet, more or less, to the center of Stony Creek, thence meandering along and with the center line of said creek, by courses and distances as described in deed recorded, Book 61, page 114, records of Glenn County, 4560.4 feet to the north line of the aforesaid ranch; thence north 89 deg. and 30 min. east along said north line 3208.8 feet, more or less, to the place of beginning, containing 145 more or less, Couuty of Glenn, State of California.

254 Name: J. H. WILLIAMS.
Stream: Elk Creek.
Description of land: Lot N, West's Addition to Elk Creek, County of Glenn, State of California.

255 Name: FRANK WILSON.
Stream: Tributary Indian Creek.
Description of land: NE 1/4 SE 1/4 Sec. 19, T. 17 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

[p.] 107
Note: Sued as Administrator of the estate of S. Wilson, deceased, but subsequently found to have no authorization as such Administrator.

256 Name: G. W. WOOD.
Stream: Little Indian Creek.
Description of land: E 1/2 E 1/2 Sec. 8 T. 16 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

Conclusion of Law.
That as against the above named 256 defendants, as same are listed and tabulated in the foregoing finding of fact, and as against their assignees and successors in interest, and the persons, estates, interests or ownerships represented by certain thereof, a decree pro confesso may be entered herein; that by virtue of the facts set out in said finding and of the orders pro confesso duly taken herein, the said 256 defendants and each of them, and each of the persons, estates, interests or ownerships represented by such of said defendants as may have been sued in a representative capacity herein, as against the parties plaintiff and defendant herein or their rights as same may be determined and decreed herein, or any thereof, do not have or own and they and their assigns and successors in trust and are forever debarred and estopped from claiming or asserting, for or on account of any or any part of the lands owned by them as set out in said finding, or at all, any right, title or interest in or to any of the waters or use of any of the

[p.] 108
waters of the particular stream or streams therein found to touch or traverse said lands or some part thereof, or in or to any of the waters or use of any of the waters of Stony Creek or its tributaries for any purpose, or for or on account of said lands or any lands, whether said creek or a tributary or tributaries thereof touch or traverse the same or some part thereof, or otherwise; except that defendant W. H. Stites is relieved of the above holding to the extent of such right as may be decreed to him in pursuance of his substitution for defendant Thos. Fairlee as recited in the note under item 227 of the foregoing finding of fact; this article, therefore, fully accounting for only 255 of aforesaid defendants.

__________

XV.

Finding of Fact.
That 64 others of the defendants are listed by name in the following tabulation, having been theretofore duly served with original process in this cause (save in the instance noted in said tabulation where voluntary appearance was made), also failed and neglected to make or file answer or other defense or plea herein before the expiration of the time within which answer or other defense or plea was required to be made and filed and have since remained in default of such answer or other defense or plea herein; that after the full expiration of said time, as shown in article

109
XIV, orders pro confesso, upon the application of plaintiff, were duly taken and entered herein as against each and every of said defendants; that the lands described under each defendant's name in said tabulation are hereby found to have been owned by that defendant at the time of service upon him of said original process herein, except as otherwise stated and hereby found in the notes appearing in said tabulation under certain of said names; that the stream or streams of The Stony Creek System (the designation "tributary" being used for tributaries without names) listed under the name of each of said defendants in said tabulation were at such time and now are in each instance possible sources of supply (if water were available therein and its diversion and use practicable) for the irrigation of or other use upon said lands, or part thereof, but did and do not touch or traverse same or any part thereof; that said lands, or some part thereof, in some instances, particularly in the higher reaches of the watershed, may be and perhaps are touched or traversed by one or more small tributaries, although no definite proof thereof is available herein; that the tabulation made part of this finding as aforesaid is as follows:

1 Name: A. ALEXANDER.
Stream: Tributary Stony Creek.
Description of land: SW 1/4 Sec. 26, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

[p.] 110

2 Name: T. H. ATKINS.
Stream: Briscoe Creek.
Description of land: SE 1/4 Sec. 29, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant H. A. Butler, who owned the land and other land at the time of service of process upon him, and against whom an order pro confesso also has been taken.

3 Name: J. L. BAIRD.
Stream: Stony Creek.
Description of land: 46.9 Acres in W 1/2 NE 1/4 and E 1/4 NW 1/4 of Sec. 33, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

4 Name: BANK OF WILLOWS.
Stream: Tributary of North Fork of Stony Creek.
Description of land: The 177.52 acres east of County road in N 1/2 N 1/2 and N 1/2 S 1/2 N 1/4 of Sec. 28, T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

5 Name: FRANK M. BARKER.
Stream: Stony Creek.
Description of land: SE 1/4 SE 1/4 Sec. 10; W 1/2 SW 1/4 Sec. 11; NW 1/4 NW 1/4 Sec. 14; T. 19 N.,

[p.] 111
R. 6 W., M. D. B. & M., County of Glenn, State of California.

6 Name: DAVE BOND.
Stream: Big Stony Creek.
Description of land: Lot 28, Block 6, Stonyford, County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant Annie M. Kesselring, who answered and submitted proof.

7 Name: JOHN BOND.
Stream: Salt Spring Valley Creek.
Description of land: NW 1/4 NW 1/4, S 1/2 NW 1/4, Sec. 17; NE 1/4 NE 1/4 Sec. 18; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

8 Name: MARTIN BOND.
Stream: Indian Creek.
Description of land: SW 1/4 SW 1/4 Sec. 14; NE 1/4 NE 1/4 Sec. 22; NW 1/4 NW 1/4 Sec. 23; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

9 Name: IMMER BOND.
Stream: Salt Spring Valley Creek.
Description of land: Set out in finding as to John Bond.
Note: No ownership of land in this defendant at time of service or thereafter, the land upon which

[p.] 112
he lived being in name of his brother, defendant John Bond, who owned land at time of service of process upon him and against whom order pro confesso also has been taken.

10 Name: G. A. BRADLEY.
Stream: Indian Creek.
Description of land: NE 1/4 SW 1/4 Sec. 23, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

11 Name: CHAS. BUTLER.
Stream: Elk Creek.
Description of land: Lot E in Elk Creek as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

12 Name: JAMES BYERS.
Stream: Salt Creek.
Description of land: Lots I to 6 inclusive and 25 to 30 inclusive of Collins Tract, near Stonyford, County of Colusa, State of California.

13 Name: LILLY HALL CAMERON.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. M. Hall and Gertrude M. Hall.
Note: This defendant owned land, or interest therein, at time of service of process upon her and

[p.] 113
subsequently transferred same to Chas. M. Hall and Gertrude M. Hall, who answered and submitted proof.

14 Name: JOHN CAVALIER, JR.
Stream: North Fork of Stony Creek.
Description of land: S 1/2 S 1/2 Sec. 32, T. 23 N., R. 5 W., M. D. B. & M., County of Tehama, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant J. S. Cleek, who owned the land, and other lands, at time of service of process upon him, and against whom order pro confesso also has been taken.

15 Name: BERT C. CHESTER.
Stream: Indian Creek.
Description of land: SW 1/4 NE 1/4, SE 1/4 SW 1/4, W 1/2 SE 1/4 (excepting Lodoga School lot), Sec. 23, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

16 Name: AMOS B. CHESTER.
Stream: Salt Creek.
Description of land: Lot 7 Collins Tract, near Stonyford, County of Colusa, State of California.

17 Name: KATE M. CILEY.
Stream: Dry Creek.
Description of land: SW 1/4 SW 1/4 Sec. 17; SE 1/4 SE 1/4 Sec. 18; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 114

18 Name: J. F. DURHAM.
Stream: Little Stony Creek.
Description of land: S 1/2 NE 1/4, SE 1/4 NW 1/4, Sec. 28, County of Glenn; NE 1/4 SW 1/4 Sec. 28, T. 18 N., R. 6 W.; County of Colusa; M. D. B. & M.; State of California.

19 Name: J. L. EDWARDS.
Stream: Little Stony Creek.
Description of land: S 1/2 NE 1/4, SE 1/4 NW 1/4, NW 1/4 SE 1/4, Sec. 22, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

20 Name: R. F. FARRIS.
Stream: Salt Creek.
Description of land: Lot 24, Block 7, Stonyford SW 1/4 SW 1/4 Sec. 33, T. 18 N., R. 6 W.; W 1/2 NW 1/4 Sec. 4, T. 17 N., R. 6 W.; M. D. B. & M., County of Colusa, State of California.

21 Name: R. A. FELLOWS.
Stream: Salt Creek.
Description of land: Lot 10, Collins Tract, near Stonyford, County of Colusa, State of California.

22 Name: L. V. FLOOD.
Stream: North Fork of Stony Creek.
Description of land: SW 1/4 SE 1/4 Sec. 3, T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 115

23 Name: FREEDMAN BROTHERS.
Note: No land in Stony Creek watershed on record in name of this defendant.

24 Name: D. E. GOULDING.
Stream: Big Stony Creek.
Description of land: Lots 6, 23 and 24, Block 13, Stonyford, County of Colusa, State of California.

25 Name: GEO. M. HALL.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. M. Hall and Gertrude M. Hall.
Note: This defendant owned land, or interest therein, at time of service of process upon him and subsequently transferred same to Chas. M. Hall and Gertrude M. Hall, who answered and submitted proof.

26 Name: W. R. HALL.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. M. Hall and Gertrude M. Hall.
Note: This defendant owned land, or interest therein, at time of service of process upon him and subsequently transferred same to Chas. M. Hall and Gertrude M. Hall, who answered and submitted proof.

[p.] 116

27 Name: J. J. HALL.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. M. Hall and Gertrude M. Hall.
Note: This defendant owned land, or interest therein, at time of service of process upon him and subsequently transferred same to Chas. M. Hall and Gertrude M. Hall, who answered and submitted proof.

28 Name: F. C. HILL.
Stream: Briscoe Creek.
Description of land: SE 1/4 Sec. 29, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant H. A. Butler, who owned the land, and other land, at time of service of process upon him and against whom order pro confesso has also been taken.

29 Name: ROBT. JAMESON.
Stream: Stony Creek.
Description of land: W 1/2 NE 1/4 Sec. 34, T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: No land in Stony Creek watershed on record in his name. Land owned by defendant Elizabeth Miller at time of service of process upon her, and against whom order pro confesso also has been taken.

[p.] 117

30 Name: LEE JULIAN.
Stream: Tributary of Stony Creek.
Description of land: W 1/2 W 1/2 Sec. 18, T. 21 N., R. 5 W., M. D. B. & M., County of Glenn, State of California.

31 Name: GEO. D. LEWIS.
Stream: Big Stony Creek.
Description of land: S 1/2 SE 1/4 Sec. 19; SW 1/4 Sec. 20; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon him to defendants Geo. W. Lewis and Frank W. Lewis, who answered and submitted proof.

32 Name: OLIVE LEWIS.
Stream: Big Stony Creek.
Description of land: S 1/2 SE 1/4 Sec. 19; SW 1/4 Sec. 20; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon her to defendants Geo. W. and Frank W. Lewis, who answered and submitted proof.

33 Name: ROY LUCAS.
Stream: Elk Creek.
Description of land: Lots E and F, Elk Creek, as shown on plat in County records, Book 1, of

[p.] 118
Maps and Surveys, page 80, County of Glenn, State of California.
Note: Full or undivided interest as owner of said land in this defendant.

34 Name: LILLIE LYONS.
Stream: Salt Creek.
Description of land: Lot 8, Collins Tract, near Stonyford, County of Colusa, State of California.

35 Name: M. MALONSEN.
Stream: Indian Creek.
Description of land: NE 1/4 NW 1/4 Sec. 23, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

36 Name: Mrs. I. W. McGAHAN.
Stream: Big Stony Creek.
Description of land: Lot 3, Block 2, Stonyford, County of Colusa, State of California
Note: Record title in Martha McGahan who is same person as above-named defendant.

37 Name: Mrs. M. J. MERRIWETHER.
Stream: South Fork of Elk Creek.
Description of land: N 1/2 NW 1/4 Sec. 19, T. 20 N, R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 119

38 Name: ELIZABETH MILLER.
Stream: Stony Creek.
Description of land: W 1/2 NE 1/4 Sec. 34, T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

39 Name: ALVIN C. MILLSAPS.
Stream: Tributary North Fork Stony Creek.
Description of land: NE 1/4, E 1/2 NW 1/4, E 1/2 NE 1/4 SW 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 33; W 1/2 SW 1/4 Sec. 34; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

40 Name: G. W. MILLSAPS.
Stream: Tributary of North Fork of Stony Creek.,
Description of land: Set out in finding as to defendant, Bank of Willows.
Note: Land transferred by this defendant before service of process upon him to defendant Bank of Willows, which owned the land at time of service of process upon it and against which order pro confesso also has been taken.

41 Name: J. W. MILLSAPS, Trustee.
Stream: Big Stony Creek.
Description of land: Lots 22 and 23, Block 6, Stonyford, County of Colusa, State of California.

42 Name: MARY C. MILLSAPS.
Stream: Tributary Heifer Camp Creek.
Description of land: That portion of S 1/2 NE 1/4 and S 1/2 of Sec. 21, T. 22 N., R. 6 W., M. D. B. &

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M., lying East of County road, County of Glenn, State of California.

43 Name: JAMES M. MORRIS.
Stream: Indian Creek.
Description of land: NE 1/4 SE 1/4 Sec. 22; NW 1/4 SW 1/4 Sec. 23; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

44 Name: AMERICA HALL MURDOCH.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. M. Hall and Gertrude M. Hall.
Note: This defendant owned land, or interest therein, at time of service of process upon her, and subsequently transferred same to Chas. M. Hall and Gertrude M. Hall, who answered and submitted proof.

45 Name: J. M. NYE.
Stream: Tributaries of North Fork and Middle Fork of Stony Creek.
Description of land: SW 1/4 SE 1/4 Sec. 27; NW 1/4 NE 1/4 Sec. 34; T. 19 N., R. 8 W.; W 1/2 SE 1/4 Sec. 3, T. 18 N., R. 8 W.; County of Lake; SE 1/4 SW 1/4 Sec. 1; E 1/2 NW 1/4 Sec. 12; T. 18 N., R. 8 W.; County of Glenn; M. D. B. & M.; State of California.

46 Name: PAT O'LEARY.
Stream: Big Stony Creek.
Description of land: Lot 22, Block 5, Stonyford, County of Colusa, State of California.

[p.] 121

47 Name: MINNIE L. SADLER.
Stream: Elk Creek.
Description of land: SE 1/4 NW 1/4, E 1/2 SW 1/4 NW 1/4, NW 1/4 SW 1/4, Sec. 24, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

48 Name: W. J. SALISBURY.
Stream: Big Stony Creek.
Description of land: S 1/2 SE 1/4 NW 1/4 Sec. 29, T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: No land in Stony Creek watershed on record in his name, record title to the land upon which he lived being in name of defendants Ellis A. Sutliff, G. W. Sutliff, B. H. Sutliff and Emily Sutliff, at time of service of process upon them, and against whom orders pro confesso also have been taken.

49 Name: ALMA SILVER.
Stream: South Fork of Elk Creek.
Description of land: NE 1/4 SW 1/4 Sec. 13, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

50 Name: ELMER SILVER.
Stream: South Fork of Elk Creek.
Description of land: W 1/2 SW 1/4 NW 1/4 Sec. 24, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

[p.] 122

51 Name: ISAAC SKIDMORE.
Stream: Elk Creek.
Description of land: 1 1/2 acres in NE corner of NE 1/4 SW 1/4 Sec. 9, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

52 Name: STONYFORD CATHOLIC CHURCH
Stream: Big Stony Creek.
Description of land: Lots 4 and 5, Block 2, Stonyford, County of Colusa, State of California.

53 Name: STONYFORD DUNKARD CHURCH.
Note: No land in Stony Creek watershed on record in name of this defendant.

54 Name: M. A. TANSON.
Stream: South Fork of Elk Creek.
Description of land: That portion of the SW 1/4 NE 1/4 Sec 23, T. 20 N., R. 7 W., M. D. B. & M., lying west of the County road, County of Glenn, State of California.
Note: This defendant, in lieu of service of process upon him, voluntarily appeared by way of the stipulation of November 4, 1919, in re Settlement of Pleadings, etc.

55 Name: J. G. TENNEY.
Stream: Salt Creek
Description of land: Set out in finding as to Henrietta Steinegger.

[p.] 123
Note: No land in Stony Creek watershed on record in name of this defendant. Land in name of his mother defendant Henrietta Steinegger, who disclaimed.

56 Name: C. H. TOTMAN.
Stream: Indian Creek
Description of land: SW 1/4 NE 1/4, NE 1/4 SW 1/4, N 1/2 SE 1/4, Sec. 26, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

57 Name: ARTHUR WALKUP.
Note: No land in Stony Creek watershed on record in name of this defendant.

58 Name: IDA M. WELTON.
Stream: Big Stony Creek.
Description of land: Part of lot 7, or SW 1/4 NE 1/4, and of lot 10, or NW 1/4 SE 1/4, Sec. 31, T. 17 N., R. 6 W., M. D. B. & M., east of the lands of Edith McGahan, Administratrix of the estate of R. L. Walkup, deceased; County of Colusa, State of California

59 Name: D. J. WESTAPHER.
Stream: Big Stony Creek.
Description of land: Lot 1, Block 14, Stonyford, County of Colusa, State of California.

60 Name: EMMA WESTAPHER.
Stream: Big Stony Creek.
Description of land: Lot 1, Block 14, Stonyford, County of Colusa, State of California.

[p.] 124

61 Name: GEORGE WESTAPHER.
Stream: Tributary of Indian Creek.
Description of land: E 1/2 SE 1/4 Sec. 13; NE 1/4 NE 1/4 Sec. 24; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

62 Name: A. J. WESTCAMP
Stream: Stony Creek.
Description of land: NW 1/4 NE 1/4, W 1/2, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 35, T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

63 Name: MARY E. WISE.
Stream: Tributary of Stony Creek.
Description of land: NE 1/4, SE 1/4 NW 1/4, NW 1/4 SE 1/4, Sec. 30, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

64 Name: R. H. YEARNSHAW.
Stream: Salt Creek.
Description of land: Lots 23, 24 of Collins near Stonyford, County of Colusa, State of California.

Conclusion of Law.
That as against the above named 64 defendants, as same are listed and tabulated in the, foregoing finding of fact, and as against their assignees and successors in interest, and the persons, estates, interests or own-

[p.] 125
erships represented by certain thereof, a decree pro confesso may be entered herein; that by virtue of the facts set out in said finding, and of the orders pro confesso duly taken herein, the said 64 defendants and each of them, and each person, estate, interest and ownership represented by such thereof as may have been sued in a representative capacity herein, as against the parties plaintiff and defendant herein or their rights as same may be determined and decreed herein, or any thereof, do not have or own, and they and their assigns and successors in interest are forever debarred and estopped from claiming or asserting, for or on account of any or any part of the lands owned by them as set out in said finding, or at all, any right, title or interest in or to any of the waters or use of any of the waters of the particular stream or streams therein found to be possible sources of supply for said lands or some part thereof, or in or to any of the waters or use of any of the waters of Stony Creek or its tributaries for any purpose, or for or on account of said lands or any lands, whether said creek or a tributary or tributaries thereof touch or traverse same or some part thereof, or are possible sources of supply therefor, or otherwise.

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XVI.

Finding of Fact.
That 27 of the defendants, although filing their answers herein setting up or attempting to set up claims or rights to the waters of Stony Creek or

[p.] 126
some tributary or tributaries thereof, failed and neglected to support their said answers and claims by any testimony, evidence or proof whatsoever, although given all due notice, and being afforded full and fair opportunity so to do at and during the hearing of this cause before the Special Master herein, and now remain, after the close of said hearings and trial in default of any such testimony, evidence or proof, and there is lacking herein any testimony, evidence or proof of or relating to their claims, as set up and defined in their said answers or otherwise, upon which to base any finding or decree herein that they or any of them have any rights of any character or extent in or to the waters of Stony Creek or its tributaries; that the names of the defendants so failing and defaulting in the premises are listed in the following tabulation; that the claims of said defendants, as limited and defined in said answers, related to alleged rights in them to irrigate or otherwise use water upon the land described in their said answers, based on the alleged riparian character of said lands or upon alleged appropriations or both--the description of said lands, together with the name of the stream from which they purport to claim water rights, as set out in said answers, being given for each defendant under his name in the following tabulation:

1 Name: E. M. BARTHOLOMEW.
Stream: Heifer Camp Creek.
Description of land: W 1/2 SW 1/4 Sec. 3; E 1/2 SE 1/4 Sec. 4; T. 22 N., R. 6 W., M. D. B. & M., com-

[p.] 127
prising 60 acres, County of Glenn, State of California.

2 Name: P. V. BERKEY.
Stream: Berkey Gulch (a tributary to Little Stony Creek.)
Description of land: NE 1/4 NE 1/4 Section 17, T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

3 Name: LEONA S. BILLIOU.
Stream: Stony Creek and underground waters.
Description of land: Beginning at a point in the center line of Stony Creek on the south line of the property of R. T. Jones and 432 feet west of a large oak tree heretofore used as a starting point in the descriptions of said property; thence east along the south line of said Jones property one and one-quarter miles more or less to the west bank of the Billiou Slough; thence southerly and easterly along the bank of said slough to its intersection with the north line of the property heretofore conveyed to Anne Hoever; thence west along the north line of the property of said Annie Hoever two miles more or less to the center line of Stony Creek. Thence northerly along the said center line of Stony Creek to point of beginning, being a portion of the Capay Rancho, and containing 430 acres more or less, County of Glenn, State of California.
Note: Filed joint answer with Joseph M. Billiou (who afterwards disclaimed) and with Richard J. Billiou.

4 Name: RICHARD J. BILLIOU.
Stream: Stony Creek and underground waters.
Description of land: Set out in finding as to Leona S. Billiou.

[p.] 128
Note: Filed joint answer with Joseph M. Billiou (who afterwards disclaimed) and with Leona S. Billiou.

5 Name: W. B. COOPER.
Stream: Stony Creek.
Description of land: Lot 11, Tract 18 of Elmore Colony, containing 5 acres, being in Sec. 25, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

6 Name: THOS. FAIRLEE.
Stream: Big Stony Creek.
Description of land: Lot 4, Block 4, Stonyford, County of Colusa, State of California.
Note: Apparently the substitution of W. H. Stites for Thos. Fairlee shown in Article VIII supra was intended to relate to the Fairlee ranch and not to the town lot owned by Fairlee, for which he filed an answer but failed to make proof. However, this default avoids all confusion in the premises.

7 Name: JOEL FORD.
Stream: Big Stony Creek and Little Stony Creek.
Description of land: Lots 14 and 15 of Sec. 10; Lots 2 and 7 of sec. 15; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

8 Name: FRUTO LAND AND IMPROVEMENT COMPANY.
Stream: Stony Creek.
Description of land: Sections 2, 3, 10, T. 19 N., R. 6 W.; Sections 22, 26, 27, 28, 34, and 35, T.

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20 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.

9 Name: N. H. GARRISON.
Stream: Miguel Creek, being a tributary of Elk Creek.
Description of land: 5 acres in S 1/2 E 1/2 NW 1/4 Sec. 14, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

10 Name: J. L. HARDIN.
Stream: Stony Creek.
Description of land: SW 1/4 NE 1/4, SE 1/4 NW 1/4, SW 1/4, SW 1/4 SE 1/4, Sec. 1; All of sections 2, 11, 12, 13, 14 and 23; E 1/2 Sec. 22; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Filed joint answer with R. M. Hardin.

11 Name: R. M. HARDIN.
Stream: Stony Creek.
Description of land: Set out in finding as to J. L. Hardin.
Note: Filed joint answer with J. L. Hardin.

12 Name: MARGARET KIRKPATRICK.
Stream: Stony Creek.
Description of land: 15 acres in NE 1/4 NE 1/4 Sec. 11, T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

[p.] 130

13 Name: R. L. KIRKPATRICK.
Stream: Stony Creek.
Description of land: E 1/2 SW 1/4 Sec. 1, T. 22 N., R. 4 W., County of Glenn, State of California.

14 Name: FRED LAUX, JR.
Stream: Big Stony Creek.
Description of land: Lot 10 and 16 acres in Northeast corner of lot 11, Sec. 36, T. 18 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.
Note: Joint answer was filed by Fred Laux, Jr. and Eddie Franklin Laux as Executors of the last will and testament of Katrina Laux (sued herein as Katherine Laux, idem sonans), deceased.

15 Name: EDDIE FRANKLIN LAUX.
Stream: Big Stony Creek.
Description of land: Set out in finding as to Fred Laux, Jr.
Note: See Note in finding as to Fred Laux, Jr.

16 Name: EDITH MCGAHAN.
Stream: Salt Creek.
Description of land: 8 acres in SW 1/4 SE 1/4 Sec. 32, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

17 Name: JOHN C. MOGK.
Stream: Little Stony Creek.
Description of land: S 1/2 NW 1/4 Sec. 27, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

[p.] 131
Name: S. PINKERTON.
Stream: Salt Creek.
Description of land: W 1/2 SE 1/4, SE 1/4 SW 1/4, Sec. 30; NE 1/4 NW 1/4 Sec. 31; T. 21 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

19 Name: EUGENE K. REYNOLDS, Administrator of the estate of Isidore Reynolds, (sued herein as Isabel E. Reynolds idem sonans) deceased.
Stream: Stony Creek.
Description of land: 25 acres in N 1/2 Sec. 27, T. 21 N., R. 6 W., M. D. B. & M., (being level land along both sides of Stony Creek), County of Glenn, State of California.

20 Name: RUBY KING MINERAL PAINT COMPANY.
Stream: Little Stony Creek.
Description of land: NW 1/4 SW 1/4 Sec. 28, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

21 Name: JOHN STICE.
Stream: Briscoe Creek.
Description of land: W 1/2 NE 1/4, NW 1/4 SE 1/4, Section 6, T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

22 Name: JOS. M. TANSON.
Stream: So. Fork of Elk Creek.
Description of land: 1 acre on the north side of said creek, and between said creek and the high

[p.] 132
or bluff land in SE 1/4 NW 1/4 Sec. 23, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

23 Name: PAUL TEILH.
Stream: Nelson Creek, and Johansen Creek, tributaries of Stony Creek.
Description of land: Lots 2, 3 and 4, W 1/2 E 1/2, W 1/2, Sec. 4; Lot 1, E 1/2 E 1/2, W 1/2 NE 1/4, NE 1/4 NW 1/4, Sec. 5; NE 1/4, E 1/2 SE 1/4, Sec. 8; W 1/2, SE 1/4, S 1/2 NE 1/4, NW 1/4 NE 1/4, Sec. 9; T. 19 N, R. 6 W.; E 1/2 SE 1/4, SE 1/4 NE 1/4, Sec. 32; S 1/2 N 1/2 NW 1/4, SW 1/4 NW 1/4, SW 1/4, W 1/2 SE 1/4, Sec. 33; T. 20 N., R 6 W.; M. D. B. & M., County of Glenn, State of California.
Note: Joint answer filed by Paul Teilh and Rose Servel, Administratrix of the estate of Fred Servel, deceased, substituted for Julius Firmignac (sued herein as Justin Firminac, idom sonans) and Eugenie Fately (sued herein as Eugene Fately, idem sonans).

24 Name: ROSE SERVEL, Administratrix of the estate of Fred Servel, deceased (see Note under finding as to Paul Teilh. [sic, no ")"]
Stream: Nelson Creek and Johansen Creek, tributaries of Stony Creek.
Description of land: Set out in finding as to Paul Teilh.
Note: Filed joint answer with Paul Teilh.

25 Name: LLOYD TROXEL.
Stream: Stony Creek.
Description of land: 3 acres in the SW corner of the NW 1/4 NE 1/4, Sec. 16; 2.3 acres lying next

[p.] 133
east of Stony Creek in the SW 1/4 SE 1/4 Sec. 9; T. 20 N., R. 6 W., M. D. B. & M.

26 Name: E. H. TRYON.
Stream: Burroughs Creek and tributaries, tributaries of Stony Creek, tributaries of North Fork Stony Creek.
Description of land: All of Sec. 18; N 1/2 NW 1/4, W 1/2 NE 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4, Sec. 19; W 1/2 Sec. 31; T. 22 N., R. 5 W.; all of Sec. 24; all of Sec. 25 excepting the NW 1/4 NE 1/4 and the NE 1/4 NW 1/4; all. of Sec. 36; SE 1/4, E 1/2 SW 1/4, Sec. 23; all of Sec. 26 excepting NW 1/4 SW 1/4; N 1/2 NE 1/4, S 1/2 SE 1/4, N 1/2, SW 1/4 NW 1/4, S 1/2 SW 1/4, Sec. 35; all of Sec. 34 excepting the W 1/2 SW 1/4; T. 22 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.

27 Name: GUY H. WARD.
Stream: South Fork Elk Creek.
Description of land: 2 acres on the South side of the South Fork of Elk Creek, between said stream and the high or bluff land, being a long narrow strip of land irrigated for the purpose of raising garden thereon, in E 1/2 SE 1/4 Sec. 14, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

Conclusion of Law.
That the above named 27 defendants, and each of them, as same are listed and tabulated in the foregoing finding of fact, and the persons, estates, interests and ownerships, and each of them, represented by such of said defendants as may have been sued in a representative capacity herein, as against the parties

[p.] 134
plaintiff and defendant on their rights as same may be determined and decreed herein, or any thereof, do not have or own, and they and their assigns and successors in interest are forever estopped and debarred from claiming or asserting, for or on account of any or any part of the lands described in their answers, as set out in said finding, or at all, any right, title or interest in or to any of the waters or the use of any of the waters of the particular stream or streams (being Stony Creek or some tributary or tributaries thereof) from which rights were claimed in their said answers as set out in said finding, or in or to any of the waters of Stony Creek or its tributaries for any purpose, or for or on account of said lands or any lands, whether said creek or a tributary or tributaries thereof touch or traverse the same or some part thereof, or are possible sources of supply therefor, or otherwise; except that defendant Thos. Fairlee is relieved of the above holding to the extent of such right as may be decreed to him in pursuance of his substitution for John M. Morris and Preston Morris as described in article VIII supra; this article, therefore, wholly accounting for only 26 of the defendants.

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XVII.

Finding of Fact.
The remainder of the defendants of record herein, viz: the 113 thereof named and listed below, filed

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their answers in this suit (or have been substituted for those filing answers herein) setting up or purporting to set up such claims or rights to the waters of Stony Creek or its tributaries as they might have, and they and each of them during the trial of this cause, and at and during the hearings before the Special Master herein, adduced testimony, evidence or proof in support of their said answers and claims, or which intended or purported to support same, to-wit:

John M. Adams, J. E. Ayer, A. C. Bayley, M. G. Bedford, O. F. Bickford, R. E. Blevins (joint with J. F. Mallon), Harry N. Brittan, James O. Brittan, Alex Brown; Mrs. L. R. Brownell, I. L. Brownell, R. H. Brownell, L. E. Brownell (joint answer); Henry Chastain; A. Conklin, M. L. Conklin, Wells Conklin (joint answer; L. R. Cushman, J. Diefenbach, J. H. Driscoll, J. T. Edwards, J. W. Edwards, G. C. Ellis, Thos. Fairlee, Dora A. Fender; Anna Flanagan, Francis D. Flanagan, J. A. Flanagan, Joseph J. Flanagan (joint answer); W. F. Forman, W. J. Foutch, Fout Springs Co. (joint answer with C. H. Glenn), W. W. Gatliff, C. H. Glenn (joint answer with Fout Springs Co.); W. A. Glenn, Anna B. Glenn (joint answer); Glenn-Colusa Irrigation District, Alvin Gollnick (joint answer with Leonard Gollnick, who later disclaimed), Carl Green, S. N. Green; Chas. M, Hall, Gertrude M. Hall (joint answer); John A. Harbison, James Harman, S. A. Hineline, L. Huffmaster, Edgar Hunter, Ellen Hunter; John O. Johannsen, Wiebeke Johannsen (joint answer); E. C. Kearth; J. R. Kennedy, R. P. Kennedy (joint answer); F. M. Kesselring, Annie M. Kesselring (joint answer); Lucy Kimel, F. M. Kirkpatrick, J. E. Knight, Geo. W. Lewis, Frank W. Lewis (joint answer); C. W. Lovelace; W. J.

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Lovelady, T. F. Lovelady (joint answer); Annie Evans Lovelady (joint answer with W. J. and T. F. Lovelady, also separate answer for other lands), Ellen Lucas, J. F. Mallon (joint answer with R. E. Blevins), L. E. Mann, G. W. Markham; Mrs. D. H. Masterson, Frank (F. P.) Masterson, Kendrick (J. K.) Masterson (joint answer [sic, no ")"]; Edith McGahan, Administratrix of the Estate of R. L. Walkup, deceased, John W. Millsaps; Irma Moon, Pruda Moon (joint answer); W. A. Morris, Perry Mulford, William Niesen, Mary O'Leary, Tim O'Leary, S. F. Paine, Olive Scearce Parsons (joint answer with W. E. Scearce and Mary J. Scearce), Charles Pearson, E. K. Peirsol, E. C. Phelps, Harvey E. Provence, D. P. Ray; Geo. Retzloff, Emma Retzloff (joint answer); Charles H. Ridley, I. L. Robertson, Robt. Rowecroft, J. S. Sale; Mary J. Scearce, W. E. Scearce (joint answer with Olive Scearce Parsons); C. L. Simpson, E. E. Smith, John H. Soeth, J. F. Stites, Rufus G. Stites, W. H. Stites, C. E. Studybaker, Abe Tripplett; Frank W. Troxel, Jessie E. Troxel (joint answer); I. E. True; A. P. Wakefield, Frank Whalley (joint answer); A. T. Welton; Henry Werth, May E. Werth (joint answer); Marguerita Williams Welch, F. C. Wood.

That the answers of the said 113 defendants (and also the answers of the 27 defendants named in Article XVI supra) and each thereof were directed to the amended complaint of the plaintiff as filed herein on the 3rd day of April, 1919, and expressly, or by and through a failure to deny or put same in issue, admitted that the allegations made in said amended complaint were true; saving that defendants frequently alleged in substance that their rights and uses were prior in time to plaintiff; that as to those

137
certain amendments of said amended complaint made and filed herein by plaintiff, on the 16th day of January, 1923, and 25th day of August, 1924 (relating to Stony Creek and Lemon Home appropriations and Grindstone Indian Reservation), a stipulation entered into by plaintiff and said defendants, approved by the Judge of this court and filed herein, carried an assent by said defendants to the making and filing of said amendments, and provided that the material allegations thereof should be deemed to have been put in issue by each and all of said defendants.

XVIII.

Finding of Fact.
That issue was joined in the cause upon the amended complaint and its amendments aforesaid, the said answers of defendants and replies thereto by plaintiff; avoidance of cross pleadings as between said defendants being accomplished by way of a general stipulation which, upon its approval by the Judge of this court, was filed herein on the 4th day of October, 1919, and was in substance and effect as follows:

That the defendants then signing said stipulation in person or through their solicitors, and such other defendants in said cause, as thereafter might become parties to said stipulation as provided therein, and each and every of said defendants, waived the service upon himself of each and all of the affirmative pleadings or counter claims or answers containing same, filed herein by the other defendants, and agreed that each of such pleadings, when filed by any of said defendants,

138
or any amendment thereof or thereto which might be filed herein, would be considered as and would have the force and effect of having been duly served by copy on each and every other of said defendants, and that each and every of said answers, pleadings or counter claims, and answers containing same, would be considered as having been fully replied to by every other of said defendants, by a reply putting in issue every material averment thereof, and that the making, filing and service of such replies was waived by each of said defendants; that anyone, then or thereafter made a defendant in the cause, not being able to join in the stipulation before it was filed, might thereafter become and be a party thereto, by assenting and subscribing to same in his proper person or through his solicitor by way of a separate paper properly identifying said stipulation; that such assents might be filed before or at the time when the answer of such defendant became due or before the expiration of the time within which such defendant would otherwise be required, under the rules of court, to serve his said answer, counter claim, or affirmative pleading upon each of the other defendants, or within such further time as the court might approve or allow, in that relation.

That the said stipulation, or assents thereto, as the case may be, was executed by plaintiff and each of the defendants referred to in Article XVII of these findings although in occasional instances, the filing of assents thereto, without any specific allowance of additional time by the court, was delayed beyond the limits stated in said stipulation; that no point or objection of any sort has been made by any of the parties in the cause in relation to the said occasional

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instances of delay, which in any event have no significance at this date; that said stipulation also provided for the filing of answers of much simplified form in avoidance of the extensive pleadings otherwise required in equity, and the course so permitted was quite generally adopted by defendants;

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XIX.

Finding of Fact.
That certain of said defendants of record, although filing their answers herein setting up or attempting to set up claims or rights to the waters of Stony Creek or some tributary thereof, and although attempting to support their said answers and claims by testimony or evidence, and being afforded full and fair opportunity so to do at and during the hearing of this cause before the Special Master herein, nevertheless wholly failed to show or prove by such testimony and evidence or otherwise that they or any of them had appropriated any of the waters of Stony Creek or its tributaries, or had appropriated or applied same to beneficial use without thereafter wholly abandoning such appropriation and use and surrendering all claims and rights thereto and therefor, or even that the lands claimed by them, or some portion or parcel thereof, were touched or traversed by Stony Creek or some tributary thereof, or when so touched or traversed as to any portion thereof that such portion or parcel was included

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within a legal subdivision or area of land so touched or traversed, which had been originally acquired under a single entry or purchase from the United States, and that said defendant was the holder of the patent or evidence of purchase, or had acquired said land by direct and unbroken chain through mesne conveyances from such patentee or purchaser from the United States; that in one or more instances the testimony or evidence introduced by such defendants may have tended to show, if taken alone, that such defendant or defendants or his or their predecessors in interest may have made some sort of an appropriation of water from Stony Creek or some tributary thereof, but that this testimony and evidence was so clearly refuted and contradicted by other dependable testimony, evidence and proof in the case that such appropriation had not been made, or if made had ceased to exist or had been wholly abandoned, as to render it of no weight or value; that under these premises there is lacking herein any testimony, evidence or proof as to the claims of said defendants, as set up and defined in their said answers or otherwise, upon which to base any finding or decree herein that they or any of them have any rights of any character or extent in or to the waters of Stony Creek or its tributaries; that the claims of said defendants, as limited and defined in their said answers, related to alleged rights in them to divert and use water upon the lands described in said answers, based upon the alleged riparian character of said lands or upon alleged appropriations or both--the description of said lands, together with the name

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of the stream from which each defendant purports to claim right or rights to water, as set out in his said answer, being given for each of said defendants under his name in the following tabulation:

Name: L. HUFFMASTER.
Stream: Little Indian Creek.
Description of land: E 1/2 E 1/2, Sec. 8; W 1/2 W 1/2 Sec. 9; E 1/2 NE 1/4, N 1/2 SE 1/4, Sec. 17; T. 16 N., R. 5 W.; E 1/2 NE 1/4 SE 1/4 Sec. 19; W 1/2 SW 1/4 Sec. 20; NW 1/4 NW 1/4 Sec. 29; T. 17 N., R. 5 W.; M. D. B. & M., County of Colusa, State of California.

Name: F. M. (FRANK M.) KIRKPATRICK
Stream: Stony Creek.
Description of land: SW 1/2 SE 1/4 Sec. 2; SW 1/4 Sec. 1; NW 1/4 NW 1/4 Sec. 12; T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

Name: T. S. SALE.
Stream: Stony Creek.
Description of land: Beginning at a stake 30 ft. N. of center of County Road at the north and south half section line of Sec. 3, T. 20 N., R. 6 W., thence north along said half section line, 49 rods to Stony Creek, thence westerly along Stony Creek, 19 rods, thence southeasterly (to county road) 41 rods, thence east along county road, 10 rods to place of beginning, land being in fractional SE 1/4 SW 1/2 and NE 1/4 SW 1/4, Sec. 3 T. 20 N., R. 6 W. containing 4 acres, County of Glenn, State of California.

Name: MARGUERITA WILLIAMS WELCH.
Stream: Big Stony Creek.
Description of land: 53 acres in Sections 35 and 36 T. 18 N., R. 7 W., M. D. B. & M., located near U. S. Diversion Dam of the East Park Feed Canal.

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Conclusion of Law.
That the above named defendants, and each of them, as same are listed and tabulated in the foregoing finding of fact, and their assignees and successors in interest, and each of them, and the personal estates, interests and ownerships, and each of them, represented by such of said defendants as may have been sued in a representative capacity herein, as against the parties plaintiff and defendant or

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their rights as same may be determined and decreed herein, do not have or own, and are forever estopped and debarred from claiming or asserting, for or on account of any or any part of the lands described in their answers, or testimony or evidence attempted to support same, as set out in said finding, or at all, any right, title or interest in or to any of the waters or the use of any of the waters of the particular stream or streams from which rights were claimed as aforesaid, or in or to any of the waters of Stony Creek or its tributaries for any purpose, or for or on account of said lands or any lands, whether said creek or a tributary or tributaries thereof touch or traverse the same or some part thereof, or are possible sources of supply therefor, or otherwise.

XX.

Finding of Fact.
That the watershed of Stony Creek with its tributaries is situated within the Northern Division of the United States District Court for the Northern District of California, mainly in the County of Glenn, but also as to portions thereof in the Counties of Tehama, [in ink: Lake] Lake, and Colusa; that the boundaries of the watershed, with the location and course of the main stream and its important tributaries, the irrigation works constructed by the Government for the Orland Project, and the lands irrigated thereunder, are shown on plaintiff's Exhibit 1, while the same items in greater detail, together with the approximate location and extent of the lands irrigated by defendants,

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and of the lands for which riparian claims were first made in the cause, with designations of ownership as then ascertained, are shown upon plaintiff's Exhibit II; the major items of such exhibits appearing in reduced scale on Plate I.

That the watershed of Stony Creek and its tributaries has an area of approximately 735 square miles, and the amount of precipitation on said watershed, and consequently the flow of water in its streams, varies greatly from year to year, so that in one year the runoff may be quite large and in another so small as to require the most careful husbanding of the available supply in order to preserve and mature the crops dependent thereon, in some years being even insufficient in amount for that purpose; that the natural flow in Stony Creek and its tributaries also varies greatly in each year, there being a period or periods of flood in the winter and early spring, with a rapidly decreasing flow thereafter which becomes very small in extent in some years by the first of May, and in all years by or before the 15th of July; that the natural flow in the main stream thereafter and up to the time of the partial rise of the water in the late fall averages from year to year not more than 25 to 30 cubic feet per second; with flows in frequent years very considerably below that amount; that some of the tributaries have no appreciable flow during this period while others are perennial water courses of very limited volume; that all of the irrigable lands in the Stony Creek watershed are arid or semi-arid in character, and require, and as to areas now irri-

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gated have required, reclamation and irrigation in order to produce paying crops; that the irrigation season for the lands situated along or in the vicinity of Stony Creek and its tributaries above the so-called South and North Diversions of the Orland Project runs or extends approximately from the 15th day of April to the 15th day of September of each year, which period very closely marks the time of the year in said locality during which water is or can be applied with profit and benefit to the irrigation of lands; that unless water is available for diversion and application to the irrigation of said lands during the so-called hot summer months the cultivation of said lands for the raising of crops cannot be economically or profitably carried on; irrigation which is limited to the early spring and to the use of some water late in the fall being insufficient and inadequate for the purpose of raising crops of value or for the purpose of cultivating said lands or making a livelihood thereon; that, therefore, the building of irrigation works for and the irrigation thereby of any considerable body of land in addition to the area now irrigated and cultivated along Stony Creek and its tributaries would be wholly impracticable and infeasible, without a corresponding deprivation of presently irrigated lands of defendants, or without providing for the supplementation of the natural flow of said stream system during the summer months by way of the release of water from a supply which had been stored in reservoirs during the periods of higher and greater flow in the winter and early spring; that all the claims of

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right by defendants, and such use of water as has been made thereunder, are founded and based alone upon the available natural flow in Stony Creek during the irrigation season, and neither contemplate nor provide for the use of any stored water;

That the irrigation operations of plaintiff, under appropriations and reservations which are subsequent in time to a considerable portion of the priorities and claims of defendants, provide for a draft upon the natural flow of Stony Creek and its tributaries through diversion dams under the priority of its said appropriations and reservations, and the carriage of said water to some twenty-one thousands of acres of irrigable land in the wider plane or delta of the watershed around or in the vicinity of the town of Orland, in Glenn County, California; such draft being supplemented at times of lower flow in Stony Creek in the hotter summer months by water released from a storage reservoir above and carried to said deversion points down the channel of the main stream; that by reason of the character and location of the lands irrigated by plaintiff under said project, and because of the aforesaid supplementation of drafts from the natural flow by way of its stored supply, the irrigation season for the lands of said project, and the period in each year during which water can be and is beneficially and economically applied to said lands for the irrigation thereof and the raising of crops thereon extends approximately from March 15th to October 15th of each year;

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that the period comprising the so-called hot summer months, which usually consists of a 75 to 90 day period during June, July and August, is the time of the greatest demand for the use of water, not only on the lands of the Orland Project but in the upper reaches of the stream system; that said lands during said period (which includes what are hereafter designated as the months of maximum use) require for their irrigation a greater amount of water than at other times in the season, and the diversions from the streams and uses by plaintiff and defendants, have been commensurate with said greater demand during said period; that therefore rights in the waters of the stream system should be commensurate with that demand and be gauged thereby as well as by the total requirement for the season, and such requirements should be expressed in terms of the number of acre-feet of water required to be applied upon an acre of land during the irrigation season of each year, plus the amount which must be and is the reasonable and legitimate loss in the transmission of said water from the stream through canals to said lands; that the part of such total which is required to be diverted for and applied to said lands, accounting for transmission losses as aforesaid, during a month of maximum use as above noted and hereinafter more particularly described, should also be stated; that therefore the water requirement or "water duty" should be expressed not only in total acre-feet per acre per annum or season, but also in figures of maximum flow in cubic feet per second per acre (gauged by the diversion in a month

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of maximum use) which will limit the diversion which may be made for said lands at any time in the season.

XXI.

Finding of Fact.
That the rights to the waters of Stony Creek and its tributaries which have been acquired by appropriation for irrigation purposes are by far the most numerous and extensive and, with the plaintiff's reserved and appropriation rights, the most important in the watershed, and the determinations as to such rights will constitute the basic adjudication herein; that the lands irrigated under such rights (including for convenience the lands coming under the reservations and appropriations of plaintiff) are extensive in area and in divers locations, and are supplied from numerous ditches and through occasional pumping plants; that while the greater area of said lands is found along, or in the vicinity of the main stream, many small tracts and even areas of some size are located upon the tributaries; that these appropriations have different priorities beginning in 1864 and extending on downward to recent years; that the facts and conditions appertaining thereto, and a determination of the priority, extent and character thereof, are set out in the tabulation given below which, with its alphabetical index, is designated "Appropriation Schedule"; that plaintiff, for convenient reference, is named in said schedule in the order in which its rights for direct diversion and storage place themselves in point of time therein, its said rights being fully defined in a later

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article of these findings, as is also the case with defendant Glenn-Colusa Irrigation District;

That each of the defendants named in the column headed "CLAIMANT" in said Appropriation Schedule, directly or by and through his grantors and predecessors in interest, under and in accord with the laws of the State of California and of the United States, and on the date set opposite his name in the column headed "DATE OF PRIORITY," initiated an appropriation of water from the stream set opposite his name under the heading "NAME OF STREAM" and thereupon, at and from the point on said stream described opposite his name in the column headed "POINT OF DIVERSION" commenced and completed, within the time allowed by law, the construction of the ditch (or the construction or installation of the diversion and carrying structures) described opposite his name in the column headed "DITCH," for the diversion of water from said stream and for the carriage of same to the land which was then and thereby intended to be irrigated, being the land described opposite his name under the heading "LAND FOR WHICH RIGHT ACQUIRED," and with due diligence and uninterruptedly and within a reasonable time diverted and carried water from said stream by said ditch (or structures) to said land and put said water to a beneficial use by and through the irrigation thereby of the total number of acres of said land, and the number of acres in each quarter-quarter section or 40 acre tract thereof, set opposite his name under said last named heading, all in accord with said original intention, and has continued the

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said diversion, carriage, application and use of said waters, and has not abandoned same, since the initiation and perfection of said appropriation as above described; that the amount of water so diverted, and applied (less allowable conveyance loss) to beneficial use for the irrigation of said land, gauged and limited by the total amount required during the irrigation season of each year, and by the amount required during a month of maximum use, is shown opposite his name in the columns under the heading "DIVERSION RIGHT," which amount, as indicated and shown under appropriate subheads in said last named columns, is limited on the one hand by the amount in acre-feet per acre, and the total amount in acre feet, required to be diverted for the irrigation of said land during the irrigation season of each year, and on the other, by the amount of water, in acre-feet per acre, in cubic feet per second per acre, and in the total flow in cubic feet per second, required to be diverted for said lands in any month of maximum use; the amount of water appropriated from the stream and put to beneficial use by him at the place and as of the date of priority aforesaid, for the irrigation of said lands, thus being herein found to be the amount in acre-feet set opposite his name in the column headed "TOTAL" under the heading "FOR IRRIGATION SEASON IN ACRE FEET"; said total seasonal diversion from the stream being limited to said amount, and furthermore not exceeding, or to be diverted at any time at a greater rate in cubic feet per second than the figure set opposite his

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name in the, column headed "Total" under the heading "Flow in Cubic Feet per Second" "For Month of Maximum Use"; that the amount applied to and required at the land in acre-feet per acre for the irrigation season, and the allowable conveyance loss expressed in percentage of the amount diverted (from which the figure denoting the amount diverted and applied to beneficial use during the irrigation season is secured) are set opposite his name under the respective headings "REQUIREMENTS AT LAND for Irrigation Season in Acre-Feet Per Acre" and "Conveyance Loss in Per Cent of Diversion."

That the lands described in said schedule vary somewhat in soil conditions and in the amount of water required to irrigate same, which is taken account of in the varying amounts of water in acre-feet per acre stated therein as required for said lands; that where appropriations of different priorities are based upon the diversion and use of water by one party through the same ditch, facts or conditions of the following character obtained: that water was appropriated and beneficially applied to a certain amount of land as of a certain date in accord with the intention of the appropriator at that time and with due diligence, but that as to certain others of said lands under said ditch, by reason of an enlargement of the ditch evidencing a new intention, or by reason of a failure to exercise due diligence in applying the water to beneficial use under the original appropriation, or like circumstance, another and later date of priority, consistent with the said new intention and with

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the exercise of due diligence from that date, is ascribed to the diversion and use of water through said ditch and to the new appropriation of water in that relation;

That the irrigation season referred to in the Appropriation Schedule is that defined in Article XX for lands in the watershed above the South and North Diversion Dams of the Orland Project, viz: April 15th to September 15th of each year;

That by the term "Month of Maximum Use," as employed in said schedule, is meant any thirty day period during the hot summer months of the irrigation season within which the greatest use and demand for water occurs; that this maximum demand and use may, and almost invariably does, remain and continue, for a considerably longer period than thirty days, but that its outside limit, as a rule, is the 75 to 90 days of the greatest summer heat of each season; that the thirty day period thus named is an empirical figure in that no special month or fixed dates are intended within the limitations above stated; that during said period of maximum use, whether for a month or longer, there is required to be diverted and used upon the lands, and diversions for beneficial use thereon are limited to, the amounts in acre-feet per acre per month, and cubic feet per second per acre, and the total flow in cubic feet per second for the lands being irrigated, stated in the columns headed "For Month of Maximum Use"; that there is a lesser use at other periods of the season, increasing up to and diminishing from the aforesaid maximum figures,

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and the total amount diverted from the stream for beneficial use upon the land is limited and is required to be limited to the number of acre-feet per season stated in the column of said schedule, headed "For Irrigation Season in Acre Feet"; that in the event that a less number of acres than the area stated in the tabulation is irrigated by any defendant at any time, then the diversion therefor is and is required to be limited to amounts as follows, to wit: the amount in acre feet per acre for the irrigation season stated in the appropriate column under the heading "DIVERSION RIGHT" in said schedule, multiplied by the number of acres irrigated, said water not to be diverted at any time during said irrigation season at a greater rate than the flow in cubic feet per second per acre for a month of maximum use stated under said heading, namely, a diversion of not to exceed that figure multiplied by the number of acres irrigated.

That in order to accomplish the irrigation of the lands in the Stony Creek watershed in an economic and adequate manner it is advisable and often necessary (except [no close paren?] on a very limited area where certain types of furrow irrigation in soils of fair tightness are employed to divert and apply the water in such manner as to wet the lands quickly and thus avoid excessive wastes from evaporation and deep percolation, or the sinking of the water on heavily porous or gravelly soils into underground channels or gravel beds and its drainage away from the lands before the surface can be properly wetted; that the diversion and application of an adequate head of

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water, or of a so-called irrigation head of sufficient size and amount, will generally serve to accomplish the above described purpose; that such so-called irrigation heads vary somewhat with the conditions obtaining on or in relation to the lands being irrigated--with their levelness or slope, extent and soil characteristics; methods of irrigation employed; length, number and kind of conduits in use; manner of preparing the lands for irrigation, and the like--but that it is ordinarily advisable or necessary to use an irrigation head of at least 0.5 cubic feet per second, but frequently a considerably larger one, ranging from 1 cubic foot per second to 5 cubic feet per second, with even somewhat larger heads in certain special instances where same may be permitted; that such heads permit of a rapid, effective and beneficial distribution of the water over the land--the rapidity with which the irrigation thus can be accomplished permitting an early shutting down of the diversion or particular ditch or lateral then in use, and the consequent release of the water for diversion and use upon upon other tracts and fields; that it will be noted that the appropriations of certain of the defendants whose irrigated areas are limited and diversion allowances therefor small, as defined and set out in the Appropriation Schedule, show that the application of the total amounts of water in acre-feet being used by and allotted to them, can best be accomplished by the use of larger irrigation heads for brief periods instead of the more continuous use of smaller heads necessarily and properly allotted to them in defining

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their relative priorities; that this effective and economical measure can be readily put into operation by the adoption or requirement of a scheme or regimen of alternate diversions and uses of the total supply available to a number of neighboring appropriations; that this measure or regulation is generally referred to as "Rotation" and is recognized as a necessary and proper administrative alternative in all irrigation communities where conditions of the character above described obtain;

That it is advisable and necessary to vest in such Commissioner or Water Master as may be appointed by the court to administer the decree herein authority to establish and enforce rotation in the relation described above; such officer also to be directed to respect and administer such agreements between users as in his judgment adequately provide for such rotation in any division or section of the watershed.

That the Appropriation Schedule above referred to and made part hereof, with its alphabetical index, is as follows;

[pp. 156 - 170 .pdf exhibit - "Appropriation Schedule" and "Index - Appropriation Schedule"

171

Conclusion of Law.
That each of the defendants named in the column headed "CLAIMANT" in the Appropriation Schedule set out in the foregoing finding of fact, in proper person or in the representative capacity in which he is sued herein, from the stream set opposite his name in the column of said schedule headed "NAME OF STREAM," at the point and from the side of said stream described opposite his name under the heading "POINT OF DIVERSION," through and by means of the ditch or other diversion and carrying structure or structures described opposite his name in the column headed "DITCH," and with a call upon the available flow as of the date and in the order of the priority set opposite his name in the column headed "DATE OF PRIORITY," has acquired and owns the right, and is entitled, with the assumption by him of all conveyance loss, to divert and to conduct to and upon, and to apply to beneficial use for the irrigation of, the lands described opposite his name under the heading "LAND FOR WHICH RIGHT ACQUIRED," to the extent of the limited number of acres in each legal subdivision thereof set opposite his name in the column headed "Acres" under the major heading last named, the amount or amounts of water set opposite his name under the heading "DIVERSION RIGHT" as follows, to-wit: during the irrigation season of each year as defined in the foregoing finding of fact, the total amount in acre-feet set opposite his name in the column headed "Total" under the heading "For Irrigation Season in Acre-feet"; said amount of water

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and no more, to be diverted from the stream at a rate or flow in cubic feet per second not greater than the amount set opposite his name in the column headed "Total" under "Flow in Cubic Feet per Second" "For Month of Maximum Use";

That this right for each of said defendants entitles him to a first and prior call, to the extent thereof, upon the available stream flow as against others whose rights as listed in said schedule bear later dates of priority than his own, while others whose rights as listed in said tabulation bear an earlier date of priority than his own have a first and prior call, to the extent thereof, upon said stream flow as against him.

That each of said rights is gauged by and limited to the amount of water which has been and can be beneficially diverted and applied to the irrigation of said lands as found and determined in the foregoing finding of fact, and is also in any event limited to diversions of water, as described under the heading "DIVERSION RIGHT" in the Appropriation Schedule, as follows: for each year, and for the irrigation season thereof, and for each acre of land being irrigated at any time, the amount of water set opposite his name in the column headed "Per Acre" under the heading "For Irrigation Season in Acre Feet"; which said amount and no more is to be diverted at a rate or flow in cubic feet per second not to exceed the amount set opposite his name in the column headed "Per Acre" under the heading "Flow in Cubic Feet per Second" "For Month of Maximum Use," so that his diversion right at all times shall be measured and

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limited in volume and flow by the amounts per acre last named, multiplied by the number of acres then being irrigated, within and not exceeding the total stated in the column headed "Acres" under the heading "LAND TO WHICH RIGHT ACQUIRED";

That where the figures and data given for any single water right priority are set opposite the names of more than one defendant as given in the column headed "Claimant" in said tabulation, each of said parties is deemed and held to have an undivided interest in the whole right there described, such interest being joint, joint and several, or other common or mutual tenancy, as the case may be under their mutual contractual relations;

That the defendants named in said schedule and each of them, and their assignees and successors in interest, and each of them, and the persons, estates, interests or ownerships, and each of them, represented by such of said defendants as may have been sued in a representative capacity herein, as against the parties plaintiff and defendant herein, or their rights as same may be determined and decreed herein, or any thereof, do not have or own and are forever debarred and estopped from claiming or asserting, for or on account of any or any part of the lands owned or represented by them as same may be described in their answers or in their proof or otherwise, any right, title or interest in or to any of the waters or use of any of the waters of Stony Creek or its tributaries, or in or to the use of any of said waters for any purpose or for or on account of said lands or

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any lands, whether said Stony Creek or a tributary or tributaries thereof touch or traverse the same or some part thereof, or are possible sources of supply therefor, or otherwise, excepting only the rights which may and will be decreed to them under and in pursuance of this article of the findings as same are defined and limited herein and in said Appropriation Schedule, and excepting such rights as may be decreed to them herein in pursuance of and in accord with any subsequent Article of these findings.

That it is and will be lawful and proper, and it is essential as a legal and as an administrative measure, that the decree herein provide for "Rotation" as between the diversions of certain of the parties herein, as described and defined in the foregoing finding of fact.

XXII.

Finding of Fact.
That the reservations and appropriations of the waters of Stony Creek and its tributaries, as made or acquired by plaintiff, have to do primarily with the irrigation of the lands within the so-called Orland Project but also include certain reservations and appropriations for the so-called Grindstone Indian Reservation which is situate on Stony Creek some miles above the project lands; that this article will be first directed to the reservations and appropriation made by plaintiff itself for the Orland Project and to the earlier appropriations for lands within the same area which were acquired and have been carried forward by plaintiff;

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Reservations and appropriations by plaintiff itself for Orland Project.

That under and in pursuance of the Act of Congress of the United States known as the Reclamation Act (32 Stat., 388) and Acts amendatory thereof and supplementary thereto, hereinafter referred to as the Reclamation Law, the plaintiff, through and by the Secretary of the Interior of the United States, has constructed and is engaged in operating and maintaining that certain irrigation project, or system of diversion and storage dams, canals and ditches, and other irrigation structures, known and designated as the Orland Project, which is situate primarily in Glenn County but also as to a portion of the lands irrigated thereunder and some of the structures and work thereof in Tehama and Colusa counties; all in the State of California and within the Northern Division of the District Court of the United States for the Northern District of said state; that said project and irrigation system provides for the reclamation and irrigation of 21,000 acres of irrigable lands which are, and at all the times hereinafter mentioned were, subject to reclamation and irrigation under said Reelamation Law;

That plaintiff, acting by and through its said Secretary of the Interior under and in pursuance of said Reclamation Law, on the 15th of August, 1906, and immediately thereafter, undertook and made examinations and surveys within the Stony Creek watershed in said above named counties for and in connection

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with said Orland Project in order to ascertain the physical facts and other conditions having to do with the construction thereof and the diversion and conveyance, storage and carriage, and use and application of the waters of Stony Creek and its tributaries for the irrigation of the lands of said project, together with the feasible and advisable location and area of said lands, and did then and there and immediately thereafter, in pursuance of said Reclamation Law, withdraw from entry, disposal or sale under the Public Land Laws, all public lands reclaimable and irrigable under said project as well as all public lands needed for the construction of the works thereof, and thereupon, to-wit: on the 12th day of November, 1906, did determine that said project and the construction and development thereof was practicable and feasible, and then and thereafter authorized the construction thereof as finally evidenced by a formal writing under signature of said Secretary of the Interior, dated October 5, 1907; that under and in pursuance of said Reclamation Law the said Secretary of the Interior thereupon caused said project to be built and constructed and let contracts for such construction which were performed and completed in accord with the terms thereof--and in some instances as a proper alternative under said law caused certain structures of said project to be directly built through and by the use of Government forces (on what is generally termed the 'force account' basis)--and by that means and in that manner and uninterruptedly and with all due diligence, and within periods commen-

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surate with the magnitude of the works and structures, did construct and complete the diversion, storage and distribution works, dams, reservoir, canals and laterals of the irrigation system of said project as same are hereinafter more particularly described, and thus provided for the diversion, storage, carriage and distribution of the waters herein found to have been reserved, appropriated and acquired by plaintiff for and in connection with said project;

That the lands included within the Orland Project, constituting the area for the irrigation of which the herein described reservations and appropriations of the waters of Stony Creek and its tributaries were made by plaintiff, and which were originally intended to be and are now generally being irrigated in pursuance thereof, are described in detail in the following tabulation under the title "Project Land Schedule"; that each quarter-quarter section of said lands is listed and described in said tabulation under appropriate headings and designations of legal subdivisions so that the section, township and range as given in the first 3 vertical columns thereof, and the quarter sections and quarter-quarter sections (or generally speaking, 40 acre tracts) as given in the 4 succeeding principal and 16 subsidiary columns thereof, may be readily identified; that said tabulation furthermore, by figures placed in the squares forming the interrelated horizontal and vertical columns thereof, sets out the amount of irrigable lands in acres contained in each quarter-quarter section or 40 acre tract of said

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lands--the sum of the figures thus found in each horizontal column being indicated in the last vertical column of said tabulation and representing the irrigable acreage in each section of said lands; that it should be further noted that the quarter-quarter sections or 40 acre tracts which are represented in said tabulation by way of squares which contain no figures denoting irrigable acreage represent lands which are not deemed to be within the area irrigable from the project structures and are not presently bound to the project or entitled to water service thereunder in the manner hereinafter described or otherwise:

[pp. 178 - 179 .pdf exhibit - "Project Land Schedule."]

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That in the organization and development of irrigation projects under said Reclamation Law the Secretary of the Interior is empowered to provide for the entry of public lands previously withdrawn from entry, disposal or sale as aforesaid, and to provide for the making of contracts with the owners of private lands as a condition of their being served with water from said project, so as to subject said lands and the entrymen or owners thereof to the payment of their proportion of the costs of constructing, operating and maintaining such projects, and so as to entitle such entrymen and owners in that relation to water service on demand from such project works; that such land holders under the Orland Project are hereinafter referred to, by way of a generic expression, as "owners"; that all of said owners of irrigable lands of the Orland Project (subject to the occasional exceptions hereinafter noted) are members of and owners of shares in the Orland Unit Water Users' Association, which is a corporation duly organized under the laws of the State of California; that the number of the shares of stock of said corporation held by each member thereof is commensurate with and corresponds to the number of irrigable acres owned by him under said project as determined by the Secretary of the Interior; that the so-called stock subscription contracts by way of which said shares of stock were subscribed by said owners (appropriately confirmed by certificates evidencing the issuance thereof) contain explicit provisions and covenants whereunder each of said owners is bound and obligated to pay his proportionate share of the cost of the construction of the

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works of said project, and his proportion of the cost of its operation and maintenance, from year to year, such payments to be made in annual instalments as provided in the Reclamation Law and in amounts announced by the Secretary of the Interior and to be gauged by the number of irrigable acres determined as aforesaid to be under said project and by the shares of stock in said corporation owned by him; that said stock subscription contracts, which are duly recorded in the public records of the county or counties in which said lands are located, impose liens upon said lands as security for and in assurance of the payment by said owners of their said proportion of the construction, operation and maintenance costs of the project; that said Orland Unit Water Users' Association in turn has entered into a contract with the Secretary of the Interior under and in pursuance of the Reclamation Law whereby it agrees and contracts for itself and its members that it and they will pay and assure the payment of the project charges above described upon the dates on which they become due and payable, and in the event of the failure of any member to make such payments will invoke the remedies available against him under said stock subscription contracts and otherwise guarantee the payment thereof; that said charges have been duly announced by the Secretary of the Interior in formal public notices under the Reclamation Law, wherein said owners (in addition to the contractual relations assumed by them as aforesaid) are required to make direct contracts with plaintiff through its said Secretary of the Interior, which

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are designated "Water Right Applications" and which themselves carry an agreement to pay the said project charges and subject said lands to liens as security for such payments; that said owners under aforesaid contracts and agreements, regardless of whether or not the water is then being used from the project works for the irrigation of their lands, are required to pay the annual instalments of the project construction charge as they become due and a certain minimum flat rate per irrigable acre for operation and maintenance, the current charge in that relation being $1.60 per irrigable acre; that by reason of the facts and things set out in the foregoing--although a minor proportion of the lands of the project have not as yet been irrigated or regularly supplied with water from the canals thereof--plaintiff must and is required to be prepared to provide water service for all of said lands in each irrigation season, and its reservations and appropriations of water of Stony Creek and its tributaries must perforce be vested to that end;

That, as indicated parenthetically in a former paragraph of this article, there are certain small tracts or parcels within the project area which are not covered by the contracts or affected by the liens last above described but which are nevertheless in legal or practical effect as firmly bound to the project, and for which, therefore, plaintiff must be prepared to furnish water service; that the aforesaid relations of said lands to the Orland Project arise out of certain statutory provisions, special contracts between plaintiff and the owners, or other effective circumstances as explained below with descriptive tabulations, to-wit:

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(a) Certain areas reserved under the Reclamation Law or, in recognition of the provisions thereof, as and for townsites are now being or will have to be supplied with irrigation water to the extent of the irrigable area therein under or in pursuance of contracts now made or to be made under the so-called townsite provisions of said Reclamation Law; said areas or tracts being described by way of irrigable acres quarter-quarter sections in the tabulation given below:

[ .pdf Exhibit - "Townsites Schedule"]

(b) Certain areas reserved under the Reclamation Law, or in recognition of the provisions thereof, as and for sites for public schools now being conducted or to be conducted thereon, are now being or will have to be supplied with irrigation water to the extent of the irrigable areas therein under and in pursuance of contracts now made or to be made under the authority vested in the Secretary of the Interior by said law; said areas or tracts being described by way of irrigable acres in quarter-quarter sections in the tabulation given below:

[ .pdf Exhibit -"Schoolsites Reservation Schedule" INCOMPLETE COPY ]

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(c) Certain odd areas or tracts of agricultural lands--which are within the project area and capable of irrigation from the project works and belong thereunder, but which for some such reasons as contested, undetermined or absent ownership, or other logical cause, are not as yet affected by the contracts and liens which generally cover the irrigable acreage of the project as above described--by all ordinary intendments must eventually be supplied with irrigation water from the project works to the extent of the irrigable area thereof in pursuance of contracts made and liens imposed under said Reclamation Law as aforesaid; said areas or tracts, with the number of irrigable acres in each quarter-quarter section thereof, being described by way of the tabulation given below;

[ .pdf Exhibit - "Project Irrigable Lands Not Yet Under Contract" ]

(d) Certain tracts within the so-called Hall and Scearce ranches were irrigable from, and in whole or in part irrigated through and by, the so-called Hall and Scearce ditch--subsequently absorbed by the main canal of the Stony Creek Irrigation Company prior to the construction of the Orland Project--said last named canal with said earlier ditch having been since incorporated into the irrigation system of said project. Said tracts, in that connection, were covered by spe-

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cial contracts wherein plaintiff provided for water service thereto from the project works in recognition of or conpensation for rights and claims which were based upon the previous appropriations of water therefor and water service thereto (all as more partcularly set out in later paragraphs of this article); the tracts thus affected by special contracts, and for the irrigation of which to the extent of irrigible acreage therein plaintiff is obligated to supply water under and in pursuance of the terms of said contracts, being described, with the irrigible acreage in each quarter-quarter section thereof, with appropriate totals, by way of the following tabulation:

[ .pdf Exhibits -"HALL LANDS" "SCEARCE LANDS" ]

(e) that plaintiff is the owner of a small tract of agricultural land within the project area which is used by it as engineering and superintendent's headquarters and upon which the project offices and related outbuildings are constucted; which said tract is and is required to be irrigated from the project works and is described and contains irrigable areas as follows:

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Section 21, T. 22 N., R. 3 W.,   { 6.9 acres in NE 1/4 SE 1/4
M. D. B. & M.,                   { 3.1 acres in NW 1/4 SE 1/4

That the Orland Project irrigable area for which the reservations and appropriations of plaintiff were made as herein described, therefore, is made up of 20,167.55 acres which may be classified as lands bound to the project and entitled to the water service under the general provisions of the reclamation law, and of 832.45 acres consisting of those certain scattered parcels or tracts which are described under (a) to (e) inclusive above, and which are a part of the project and entitled to present or future service thereunder as there set out, making up the said total of 21,000 irrigable acres.

That, in carrying out its intentions and purposes in relation to the authorization and construction of said Orland Project, and reservations of water from Stony Creek and its tributaries therefor, and in order to give appropriate publicity to its said intentions, purposes and reservations in the most effective manner (and in respect of the State Law and Section 8 of the Reclamation Act aforesaid) and in order also to initiate and perfect appropriations of the waters of Stony Creek and its tributaries under said state law for the reclamation and irrigation of the lands of said project, plaintiff, on the dates and at the places hereinafter named, posted and recorded notices in due form of its said reservations and of its intention to appropriate the waters of Stony Creek and its tributaries under the laws of the State of California and to divert, convey and store, or store said waters (as the

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case might be) and convey and apply same to beneficial use for irrigation to and upon the lands of the Orland Project (the more general descriptions in said notices including and covering the areas named in the foregoing Project Land Schedule) by and through the diversion weirs and dams, storage dam and reservoir, canals and lateral ditches hereinafter described; and in pursuance of said reservations, intentions and purpuses, and in accord with said notices and within the time from the posting of said notices provided by said law and uninterruptedly and with all due diligence thereunder, plaintiff commenced the construction of, constructed and completed the said irrigation structures and works of the Orland Project with the capacities and in the locations hereinafter named, and by means thereof, and with all due diligence, caused said water to be diverted from said streams, stored in said reservoir and carried to and applied to beneficial uses upon said lands for the irrigation thereof as follows, to-wit:

(Note: in identifying the structures described below, and their locations, reference may be made to Plate I.)

South Diversion Dam and South Canal.

Notice posted on a tree on the bank of Stony Creek in SE 1/4 of Section 29, T. 23 N., R. 4 W., M. D. B. & M., on October 10, 1906, and duly verified duplicate thereof recorded in Public Records of Tehama County, on October 17, 1906; said notice calling for 500 cubic feet per second of the waters of Stony Creek at that point and covering by general descrip-

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tion all of the lands of said Orland Project as described in the foregoing Project Land Schedule.

South Diversion Dam constructed in form of concrete weir across Stony Creek at place of posting said notice, with suitable head gates and controlling works.

South Canal, with a capacity of 225 cubic feet per second, constructed of and in the native soil, with concrete lined sections where required and extending from said dam in a southeasterly direction to and across the lands of said project which are situate on the southerly side of Stony Creek, with lateral canals of the same construction leading therefrom and thus providing for the irrigation of all of said lands. It was at that time intended and planned to have the said south canal extend to and across the lands of said project on the northerly side of Stony Creek by way of a syphon branch thereof under Stony Creek to a point on the other side of said creek corresponding with the present diversion point for the North Canal of said project hereinafter described, and thence by way of said North Canal to and across said land; further investigations of the physical conditions in this locality, however, resulting in the use of the stream channel between said South and North Diversion Dams to convey that portion of the water appropriated at the south diversion for use upon the project lands north of Stony Creek, and the diversion and carriage of said water to and across said lands by means of the North Diversion Dam and North Canal hereinafter described.

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East Park Storage Dam and East Park Reservoir.

Notice posted on white oak tree on left or westerly bank of Little Stony Creek in NW 1/4 NE 1/4 of Section 3, T. 17 N., R. 6 W., M. D. B. & M., on October 11, 1906, and a duly verified duplicate thereof recorded in Book 1 of Miscellaneous, at page 262, Public Records of Colusa County, on October 16, 1906; said notice calling for the storage of 100,000 acre-feet annually of the waters of Little Stony Creek and its tributaries at that point, and providing for the conveyance of said stored water to, and the use for irrigation thereof upon, the lands of the Orland Project, which are therein described and included the areas named in foregoing Project Land Schedule.

East Park Storage Dam, constructed in the canyon or gorge of Little Stony Creek opposite the place of posting said notice, of concrete, 65 feet wide at the base measured lengthwise of channel and 10 feet wide measured similarly at the crest, with a height above the bed of Little Stony Creek of 90 feet; a suitable concrete outlet tunnel and controlling gates being built into said dam at or near stream level, and an extensive concrete spillway being constructed on the rim of the reservoir basin one-half mile south of the dam.

East Park Reservoir formed by said storage dam and the up-stream basin consisting of the gorges or canyons of Little Stony Creek and Indian Creek, having a capacity of 51,000 acre feet and covering a water surface area of 1,800 acres in Sections 2, 3, 10, 11, 14,

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15, 23 and 24 in T. 17 N., R. 6 W., and in Sections 34 and 35 in T. 18 N., R. 6 W.; M. D. B. & M.

North Diversion Dam and North Canal.

Notice posted on a tree on the bank of Stony Creek in NE 1/4 NW 1/4 of Section 1, T. 22 N., R. 4 W., M. D. B. & M., at a point distant 450 feet and bearing south 60[degrees] west from the North quarter corner of said section, on March 23, 1910, and a duly verified duplicate thereof recorded in Book II of Miscellaneous at page 447, public records of Glenn County, on March 30th, 1910; said notice calling for 10,000 miners inches under 4-inch pressure of the waters of Stony Creek at that point, and covering by general description all of the lands described in the foregoing Project Land Schedule which are situate on the Northerly side of Stony Creek. Said notice contains an explicit proviso reserving rights and priorities theretofore initiated by plaintiff for the Orland Project--thus making appropriate reference to and avoiding waiver of the previous reservation and appropriation of water for said north side lands initiated and made as above described at the so-called south diversion for said project but now to be diverted at said North Diversion Dam, and at the same time supplementing and supporting said reservation and appropriation by way of this later notice of intention in the same promises.

North Canal, with a capacity of 100 cubic feet per second (save for a narrower section some distance below its head which will carry at least 75 and can

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be readily made to carry 100 cubic feet per second by raising the concrete lining, which work has been provided for and is now in part done), constructed of and in native soil with concrete lined sections where required, and extending from said dam in a general southeasterly direction to and across the lands of the Orland Project which are situate on the northerly side of Stony Creek as aforesaid, and having lateral canals of the same construction leading therefrom, thus providing for the irrigation of all of said lands under said north canal, irrigable and irrigated therefrom and served thereby (being the lands within the project area of 21,000 acres described in the foregoing Project Land Schedule which are on the northerly side of Stony Creek) comprising the 7,000 irrigable acres listed in the following tabulation under the title "North Side Schedule"; the headings and columns in said schedule having the same significance and meaning as those in the said Project Land Schedule, to-wit:

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[ .pdf Exhibit -"North Side Schedule." ]

East Park Diversion Dam and East Park Feed Canal.

Notice posted on oak tree on right or southerly bank of Big Stony Creek in SE 1/4 of Section 35, T. 18 N., R. 7 W., M. D. B. & M., on March 25th, 1913, and a duly verified duplicate thereof recorded in Book I of Miscellaneous records at page 467, public records of Colusa County, California, on March 29, 1913; said notice calling for 20,000 miners inches under 4-inch pressure of the waters of Big Stony Creek at that point, to be diverted by way of a dam and conveyed by a canal to the East Park Reservoir for storage, in

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turn to be released into the creek channel for use upon the project lands which are generally described in said notice and include all the lands named in the Project Land Schedule aforesaid.

East Park Diversion Dam constructed of concrete across the channel of Big Stony Creek at the place of posting said notice, with suitable head gates and controlling works, and with crest 29 feet above the creek channel.

East Park Feed Canal, with a capacity of 250 cubic fect per second, constructed of and in the native soil with concrete lined sections where required, and extending from said dam in a general southeasterly direction to a confluence with the East Park Reservoir in the NW 1/4 of Section 10, T. 17 N., R. 6 W., M. D. B. & M.;

That plaintiff, in pursuance of its said reservations and appropriations, and having constructed the dams, canals and reservoir as above described, thereupon and with all due diligence caused the waters of Stony Creek and its tributaries, and the natural flow thereof, to be directly diverted by means of the South and North Diversion Dams aforesaid and to be conveyed by means of the South and North Canals and their laterals to and upon the lands described in the foregoing Project Land Schedule and applied to beneficial use in the irrigation thereof; and caused the waters of Little Stony Creek and its tributaries above the East Park Storage Dam to be stored in the East Park Reservoir by means of said dam, and the waters of

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Big Stony Creek and its tributaries above the East Park Diversion Dam to be diverted by means of said dam and conveyed to said reservoir by way of the East Park Feed Canal and to be stored in said reservoir, and thereafter caused said stored waters to be released from said reservoir and conveyed down the channels of Little Stony and Stony Creek for a distance of more than 40 miles to the points of diversion for the South and North Canals above described, and to be diverted thence by means of the South and North Diversion Dams and carried by way of the South and North Canals and their laterals to and upon the lands described in the foregoing Project Land Schedule and applied to beneficial use in the irrigation thereof; that said waters were first so diverted or stored and so conveyed to and applied to beneficial use upon said lands as follows:

Direct diversion, conveyance and use of natural flow of Stony Creek at South Diversion via South Diversion Dam and South Canal and laterals in month of April in the year 1910.

Direct diversion, conveyance and use of natural flow of Stony Creek at North Diversion via North Diversion and North Canal and laterals in month of April in the year 1910.

Storage of Little Stony Creek and tributary waters in East Park Reservoir by East Park Storage Dam in month of December in the year 1910.

Release from reservoir of last named stored waters and diversion conveyance and use thereof to and upon said lands in the month of July in the year 1911.

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Diversion and conveyance via East Park Diversion Dam and East Park Feed Canal of Big Stony Creek and tributary waters and storage thereof in East Park reservoir in Month of March in the year 1915.

Release from reservoir of last named stored waters and diversion, conveyance and use thereof to and upon said lands in the month of June in the year 1915.

That since said last named dates respectively, in the period or season of each year appropriate thereto and therefor as hereinafter defined, said waters continuously have been diverted, stored, released from storage and applied to beneficial use in the manner and method and by means of the structures above described, and rapidly increasing amounts thereof from year to year--to the capacity of said reservoir, and to the capacities of said canals when required and water was available for such diversion and conveyance--have been so diverted, stored, released from storage and conveyed to said lands, and with all due diligence and within a reasonable time have been so applied in such increasing amounts to beneficial use thereon in the irrigation thereof, as to accomplish the application of said water to an increasing area of the lands described in the foregoing Project Land Schedule; all in accord with the original intention and purpose of plaintiff's reservations and appropriations, and in pursuance thereof, and so as to accomplish by said diversion, conveyance and application of water from the natural flow of Stony Creek and its tributaries, as supplemented by drafts from the stored supply as hereinafter further

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described, the reclamation and irrigation of the lands described in the foregoing Project Land Schedule to the extent of more than 15,500 acres thereof, to-wit: of more than 10,800 acres of the irrigable lands on the southerly side of Stony Creek, and of more than 4,700 acres of the irrigable lands on the northerly side thereof, and so as to accomplish further and forthwith the reclamation and irrigation of the remainder of said lands;

That the natural flow of Stony Creek and its tributaries, as available at the aforesaid South and North Diversion Dams, varies in extent from year to year and in each year as shown in Article XX above, and after legitimate subtractions therefrom under prior vested rights of defendants herein, is diverted and used by plaintiff to the extent of its reservations and appropriations thereof; that the amount of water thus secured from said natural flow for the lands of said project is very considerable in extent, particularly in the earlier and later periods of said irrigation season, but is of little avail or amount for the reasons above given during the hotter periods thereof which, as described elsewhere herein correspond with the so-called months of maximum use; that the reservations and appropriations of plaintiff and the construction of the project's works and irrigation system and the administration of same, took and has taken these conditions into account by providing for the storage of certain of the waters of Stony Creek and its tributaries during the periods of higher flow therein by way of the operation of the storage dam,

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reservoir and diversion dam and feed canal above described, and of the release of such stored waters from said reservoir during the periods of lesser flow in Stony Creek into the channel of Little Stony Creek and their conveyance therein and in the channel of Stony Creek to the South and North Diversion Dams of the Orland Project, whereby they are diverted into the South and North Canals thereof for use upon the lands of said project; that such release and use of said stored waters is in inverse proportion to the waters available at said diversion points from the natural flow of Stony Creek, so that such releases proportionately increase with the subsiding natural flow and attain a maximum during the so-called months of maximum use--and said stored water, and the release and use thereof, is so carried and gauged and so diverted for and administered upon said project, as to supplement said natural flow and provide at said diversion points the amounts of water required to be diverted for use during the irrigation season (and in the period of maximum use during said season) for the lands described in the foregoing Project Land Schedule;

That the water which is stored in the East Park Reservoir as above described is subjected to certain irremediable losses before it can be made available at the South and North Diversion Dams of the project, to-wit:

(a) Direct subtractions therefrom before its release from storage by reason of evaporation from the reservoir water surface, which vary with

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climatic conditions from year to year during each year, and run in vertical depth from 5 to 6 feet per annum (using approximate figures); amounting in acre feet to the product of such depth and the area in acres of the water surface, and thus always large in volume.

(b) Losses in transit occasioned by evaporation from the stream surface and percolation into the beds and banks of Little Stony and Stony Creeks, which are very considerable and ordinarily amount to approximately 16 per cent of the stored supply thus conveyed.

That the variations in different years, and within each annual period, of the run-off of Stony Creek and its tributaries, and thus of the water available therein for the irrigation of the lands dependent thereon, are so wide and are often so irregular as to require, in frequent years and seasons, the most careful husbanding of the supply, which even then with some frequency is insufficient for the full maturing of the crops upon some of the project lands; that at such times the natural flow of Stony Creek and its tributaries during the irrigation season, or larger portion thereof, and even the higher flow at the beginning and end of the irrigation season, and during the winter months, is so decreased in amount as to make it impracticable to fill said reservoir to an extent sufficient to provide for the requirements of the project lands as same are herein described; that these conditions in part may be compensated for by the storage in more plentiful years in said reservoir of all available

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water throughout the annual period, so that some of such storage water may be carried over in said reservoir to the next year, which may be one of lesser available run-off and supply; that, therefore, whenever water is available in Stony Creek and its tributaries for storage, and can be impounded by or diverted into said reservoir through the structures above described, it is essential that said reservoir be filled and kept filled to its full capacity of 51,000 acre-feet of water, and it is further essential that such storage operations be protected from all encroachments thereon, whether deliberate or inadvertent, and particularly that all but inevitable and irremedial losses in the conveyance of such stored water down the channels of Little Stony Creek and Stony Creek be avoided;

That such stored waters when released from the reservoir, and conveyed to South and North Diversion Dams of the Orland Project, are bound and required to flow by and past the diversions and riparian lands of certain of the defendants, whose diversion points or lands, as shown in the Appropriatation and Riparian Schedules herein, are between said East Park Storage Dam and last named diversions, and who in no way have contributed to the cost of the storage thereof and have no interest or ownership therein; that said waters as aforesaid are released from storage and put in transit between the reservoir and said project diversion dams generally during the periods when the natural flow in said stream is rapidly subsiding or has become very small, and at a period when there is the greatest de-

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mand for the use of water in the irrigation of the lands along said stream as well as within the Orland Project area; that these circumstances, coupled with the necessary mingling of the natural flow in said streams and the said stored water when in transit, and the primitive character of the appliances through which diversions were accomplished from said streams in the locality, prior to the initiation of this suit resulted in encroachments and illegal drafts upon said stored supply when thus in transit by a large number of said defendants or their predecessors in interest; and perforce predicate future drafts or encroachments of the same character unless provision be made for the piloting of such stored waters intact by and past the diversions for the lands of such defendants; that a preliminary injunction to this end was issued herein at the initiation of this cause against such of said defendants, or their predecessors in interest, as were then encroaching or threatening to encroach upon said storage supply, and a Water Commissioner, during the pendency of this cause and in pursuance of the order of this court, has administered and natural flow as between the defendants entitled thereto, and piloted said stored waters past the diversions and ditches thereof; that provision should be made in the decree herein whereby and whereunder such defendants shall be required to maintain appropriate head gates or other suitable diversion appliances for their ditches, and that such head gates shall be so administered and regulated by a Water Commissioner or Water Master appointed by

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the court herein as to avoid any improper subtractions by them or any of them from said storage supply during its transit as aforesaid.

That the irrigable lands of the Orland Project, as same are described in the foregoing Project Land Schedule, for their proper irrigation and beneficial use in the raising and cultivation of crops of value thereon, require (subject to the conditions hereinafter stated) that water be delivered at and to said lands to the extent and amount of 2.92 acre-feet per acre during each irrigation season as defined for said project lands in Article XX of these findings viz: March 15th to October 15th of each year; that said lands are spread over considerable area and vary in soil conditions and texture, so that the more gravelly or sandy lands require the application of a greater amount of water than those with tighter and more impervious soils; that the administration of the project irrigation system can be and has been so handled within the system itself as to take account of these varying requirements (even to the extent of somewhat larger diversions into the South Canal and correspondingly lesser diversions into the North Canal to take account of the excess of gravelly and sandy lands under said South Canal), so that the above named figure of 2.92 acre-feet of water per acre for each irrigation season is made up and arrived at by striking the average of said requirements; that the project canals, laterals and conduits are so constructed and so administered as to obviate the heavier and greater conveyance losses per unit of

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length which often occur in smaller private ditches, although the waters in said project system are carried for such great distances upon the average as to requre a considerable allowance for conveyance losses, that such loss, reckoning same for the whole project under proper administration, and including an essential regulatory allowance of 3 per cent, has amounted on the average to approximately 28 per cent of the amount diverted from Stony Creek; that a reasonable and proper allowance for loss in and during the conveyance or carriage of water from the South and North Diversion Dams of the Orland Project to the points of delivery to the lands irrigated thereunder would be and is 28 per cent of the amount thus diverted from the Stony Creek channel at said South and North Diversion Dams; that therefore there are required (subject to the conditions hereinafter stated) to be diverted from Stony Creek: for the lands of said Orland Project, and for beneficial use in the irrigation thereof, 4.05 acre-feet for each acre of irrigable lands therein during each irrigation season; that the amount of water required to be so applied at the land during a month of maximum use, as same is described in Article XXI of these findings, is 0.57 acre-feet per acre, which in turn has required and does require, with the aforesaid proper allowance for conveyance loss, the diversion from Stony Creek at the said South and North Diversion Dams of 0.79 acre-feet of water per acre, which as measured in rate of flow is .0133 cubic feet per second for each acre of said lands;

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That the water requirement for the irrigation of the 21,000 irrigable acres of project lands described in the foregoing Project Land Schedule, reckoned in terms of diversion from the channel of Stony Creek at the South and North Diversion Dams, as based upon the foregoing finding as to requirements per acre in that relation, and subject to the conditions there referred to, may be stated as follows:



(a) Amount required to be diverted
from said channel at the South
and North Diversion Dams for the
irrigation of said 21,000 acres
during each irrigation season: . . . . . . . . . . . . . . 85,050 acre-feet,


(b) Amount required to be thus
diverted in any month of maximum
use: . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,590 acre-feet,


(c) Diversion of above amount in
month of maximum use, expressed
in constant rate of
flow: . . . . . . . . . . . . . . . . . . . . . . 279 cubic feet per second;

That the water requirement for the irrigation of the 7,000 irrigable acres of said project lands, which are situate on the northerly side of Stony Creek and served by the North Diversion Dam and North Canal (said lands being described in the North Side Schedule supra), reckoned in terms of diversion from the channel of Stony Creek at said North Diversion Dam, as based upon the foregoing finding as to requirements per acre, and subject to the conditions there referred to, may be stated as follows:



(a) Amount to be diverted from said
channel at the North Diversion



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Dam for the irrigation of said
7,000 acres during each irrigation
season: . . . . . . . . . . . . . . . . . . . . . . . . .  28,350 acre-feet,


(b) Amount to be thus diverted in any
month of maximum use: . . . . . . . . . . . . . . . . . . . 5,530 acre-feet,


(e) Diversion of above amount in
month of maximum use, expressed
in constant rate of
flow:. . . . . . . . . . . . . . . . . . . . . . . 93 cubic feet per second;

That the waters of Stony Creek and its tributaries, as secured from the run-off of Little Stony Creek and its tributaries and stored in the East Park Reservoir, as diverted from Big Stony Creek and carried to and stored in said reservoir, and as diverted from the natural flow of Stony Creek at said South and North Diversion Dams--all as heretofore set down in this finding, and to the extent to which said waters were available in the streams for such purposes--have been so stored at all times to the capacity of the reservoir, and so diverted from the channel of Stony Creek by way of the South and North Canals, and have been so conveyed to and applied to the lands of said Orland Project, as to accomplish diversions from said Stony Creek channel and applications to beneficial use in the irrigation of said lands to the extent and in the amounts per acre of the above described requirements for said lands, and thus, whenever water was available therefor as aforesaid, have accomplished storage for, and a diversion and application to, beneficial use in said amounts and at said rates for and upon, and in the reclamation and irrigation of the lands of said Project as heretofore set

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down in this finding, and such diversion and applicitions to beneficial use have been even in excess of said amounts and rates as stated in the succeeding paragraph.

That the aforesaid requirements per acre for the project lands are in fact and intent an estimate of the ultimate and ordinary uses which may be attained or very closely approached after full reclamation and cultivation of the project irrigable area have been accomplished, based upon conservative assumptions as to the probable and eventual proportion of said area which will be devoted to those crops (alfalfa, forage, etc.) which, as distinguished from orchards, etc., require considerably larger applications of water for their proper and complete irrigation; that the current and earlier requirements for said lands, and previous and present operations in the matter of the use of stored water and diversions and direct uses from the natural flows, in fact have accomplished, and future like operations are bound to accomplish, the beneficial and necessary application--to the lands now reclaimed and irrigated or being or to be reclaimed--of amounts of water in excess of the aforesaid and so-called basic requirements, in the following manner; that the storage of water has afforded and affords an opportunity to accommodate the supply for said lands (within the explicit limitations of beneficial use and of the availability of water in the streams for such storage) to changing crop conditions, heavier demands in times of drought or severe drying winds, occasional maturing of extra cuttings of forage, and the like; that the

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storage and use of stored water for the purposes above named, as well as for the basic requirements aforesaid, have been and properly may be provided for, and in such amounts and at such times and at such rates of diversion from the channel of Stony Creek as beneficially and best serve such purposes; that such uses have required and will require that said stored water be available in the stream channel at the South and North Diversion Dams in such quantity as, when coupled with the natural flow which is available under priorities of plaintiff, amount to an average of 4.25 [sic] acre-feet or somewhat more per acre (including the conveyance loss aforesaid) for the irrigable lands of the project during an irrigation season; that these uses, coupled with the basic requirements aforesaid and with the larger applications of water during the period of reclamation as herein defined, heretofore and whenever water was available as aforesaid, have been approximately commensurate in the aggregate with the total basic requirement for the whole 21,000 acres of project lands and have constituted a beneficial use of water to that extent; that it also must be recognized that the processes of reclamation, which mean the leveling and preparation of land for irrigation and its reclamation from its desert or arid status to the point of raising profitable crops thereon, require and have required considerably larger amounts of water (than are required after said lands have been fully reclaimed and then irrigated for a reasonable period) for such a time as to accomplish their actual reduction to a state when the condition of the stand-

207
ing crops thereon and the cultivation thereof permits of more economical use of water; that approximately 15,500 acres of said lands are now in this condition and approximately 1,500 acres are at various stages of reclamation, while others, to the amount of approximately 4,000 acres yet remain to be irrigated; that the lands included in the first item above have required, and the areas in the last two of said items have required and will require, during the reclamation thereof as above described, considerably larger applications of water per acre--by way of diversion from the natural flow and from the stored supply at the South and North Diversion Dams--than the aforesaid basic requirements; that drafts from said natural flow for this purpose under priorities of plaintiff have been commensurate with, but have not exceeded and should not exceed, in any irrigation season, an amount which, when combined with the basic requirements for the reclaimed and irrigated lands, makes up the total amount available from said natural flow for the 21,000 irrigable acres of the project lands under said basic requirements; that uses of stored water, in supplementation of said natural flow for said purpose, have been and should be in accord with the methods first outlined above.

Earlier Appropriations for Lands Within Orland Project.

That at the time of the above described reservations and appropriations of the waters of Stony Creek and its tributaries for the reclamation and irrigation of

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the lands of the Orland Project, certain earlier appropriations of said waters had been made and were being carried forward for the purpose of reclaiming and irrigating considerable areas of said lands, and portions of said lands had already been reclaimed and irrigated thereunder; that these appropriations, and the water rights acquired and being acquired in that relation are described below, and were recognized and administered or purchased and carried forward, by plaintiff for and in connection with the Orland Project in the following manner:

The Hall and Scearce Appropriations:

That Laban Scearce and James Giles, in the early months of the year 1864, constructed and uninterruptedly and with all due diligence completed a diversion dam on Stony Creek in SW 1/4 SE 1/4 of Section 29, T. 23 N., R. 4 W., M. D. B. & M., in the County of Tehama, State of California, and an irrigation ditch (known later as the Hall & Scearce Ditch) leading from the southerly end of said dam and extending in a general southeasterly direction for a distance of approximately 3 miles toward what is now known as the town of Orland; that said dam and ditch had a diversion and carriage capacity of 7 cubic feet of water per second, and it was the intention and purpose at that time of the builders thereof to appropriate and divert the waters flowing in Stony Creek at said point of diversion, and to apply same to beneficial use for the watering of stock and for the reclamation and irrigation of more than 416 acres of the

209
lands situated between said ditch and the southerly bank of Stony Creek, afterward known as the Hall and Scearce Lands and Ranches as same are heretofore described under item (d) of this finding; that said waters were first diverted and carried to said lands and beneficially applied thereto and used thereon for the purposes aforesaid by means of said dam and ditch in the spring of the year 1864 at or about the beginning of the irrigation season on April 15th, so that between 20 and 30 acres of said lands were irrigated in that year and season, and thereafter, and uninterruptedly with all due diligence, said waters were so diverted and applied to beneficial use upon constantly increasing areas of said lands, until the 190 acres thereof described below were reclaimed and irrigated and valuable crops were raised thereon, to-wit:

[ .pdf Exhibits - second schedule of "HALL LANDS" "SCEARCE LANDS" ]

That since said time, by means of said dam and ditch and of same as enlarged or substituted for as hereinafter described the said waters have been unin-

210
terruptedly and continuously diverted from Stony Creek, carried to said lands and applied to beneficial use thereon for stock watering purposes and for the irrigation of the said 190 acres thereof (subject only to occasional minor variations in the amount of lands so irrigated), under and in accord with the above described appropriation of said waters and the original intention of the appropriators thereof; that said lands are within and a part of the Orland Project area as aforesaid and require and have required and there has been diverted and applied to beneficial use thereon under said appropriation for stock watering purposes, and for irrigation during each irrigation season, the amounts of water per acre heretofore stated as the basic requirements for the lands of said project, to-wit:



     4.05    acre feet per acre diverting at a rate not exceeding

      .0133  cubic feet per second per acre, or a total for each season of

   769.5     acre-feet, diverted at a rate not exceeding

     2.53    feet per second; which may be allocated to each ranch as follows:

HALL LANDS.

   364.5     acre-feet, diverted at rate not exceeding 1.20 cubic feet per second.

SCEARCE LANDS.

   405.O     acre-feet, diverted at rate not exceeding 1.33 cubic feet per second.

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That said James Giles in the year 1872 conveyed all of his rights in said dam and ditch and appropriation to one A. L. Hall, and the said A. L. Hall and said Laban Scearce, by themselves or their successors in interest, in turn thereafter set over said dam and the upper portion of said canal and the right of way therefor to the Stony Creek Irrigation Company, hereinafter named, subject to the main condition that said Company would in turn divert, carry and deliver to them waters for stock and for the irrigation of said lands as then irrigated and for the irrigable area thereof set out in item (d) Supra, which said condition was recognized and adopted by plaintiff at the time of its acquisition of the system and appropriations of the Stony Creek Irrigation Company as hereinafter related; that the contractual relations thus established have been modified and restated in stipulations (dated respectively August 31, 1924 and February 4., 1926) duly made and filed in this cause, wherein plaintiff and Chas. M. Hall and Gertrude M. Hall, successors in interest of A. L. Hall and plaintiff and Olive Scearce Parsons, W. E. Scearce and Mary J. Scearce, successors in interest of Laban Scearce, set down their mutual rights and obligations respectively as follows:

HALL LANDS.
"It is hereby stipulated by and between the plaintiff herein and defendants Chas. M. Hall and Gertrude M. Hall, by and through their solicitors, in avoidance herein of all controversy and as a settlement of the trial of all issues, as between the said plaintiff and defendants in rela-

212
tion to the agreement hereinafter named or otherwise, that the agreement between the Stony Creek Irrigation Company and the predecessors in interest of said defendants, dated May 9, 1904, as amended March 23, 1905, (copies of which said agreements are attached to the answer herein of said defendants and marked respectively "Exhibit B " and " Exhibit C ") and as in turn taken over and assumed by the United States in its agreement with the Stony Creek Irrigation Company, dated September 14, 1907 and deed from said Stony Creek Irrigation Company in pursuance thereof of May 21, 1909, is hereby confirmed and in the following particulars shall have the sense and meaning herein provided, to-wit:
a. That the 125 miners inches and 75 miners inches of water (under a four-inch pressure--being equivalent respectively to 2-1/2 and 1-1/2 cubic feet per second) shall be delivered to the Hall lands from the Government system during the periods in each irrigation season described in said agreement to the extent of the requirement of the lands actually being irrigated in each season; such requirement to be gauged by the maximum requirement of similar lands under the Orland project, and such deliveries to be by way or [sic] irrigation heads of greater amount than the aforesaid 125 miners inches and 75 miners inches, when required, in accord with the usual practice on the project; the total amount of water delivered during any irrigation season to said Hall lands to be not greater in volume than the amount produced by a continuous flow of 125 miners inches up to July 15th and a continuous flow of 75 miners inches during the balance of the irrigation season; and in any one monthly period of each irrigation season not more than would be provided by a continuous flow for one month of

213
125 miners (if before July 15th) or of 75 miners inches (if after July 15th), or as the case may be, a proper combination of the two where the monthly period to be considered includes said date of July 15th.

b. That water for stock watering purposes on the Hall lands (to the extent of all reasonable necessity therefor, but without undue waste) may be taken from the Government canal during the irrigation season when water is not being delivered for the irrigation of said lands, and at such times in the year outside the irrigation season as water is being run in said canal at the Hall intake as a matter of project administration. It is understood, however, that the running of water in said canal outside the irrigation season is not a usual condition, but rather on the other hand that water is seldom if ever taken from the stream or run in the project distribution system at any time except during the irrigation season, and, therefore, is and will not be available ordinarily for stock watering purposes on any lands, including the Hall lands, except during said irrigation season.

c. That the advantageous facilities resulting from the storage of water by the Government shall be made use of in accomplishing deliveries to the Hall lands when at all practicable and that in years of drought or great scarcity of water (of which the present year is an example), at which time the storage water is exhausted early in the season, the available natural flow in the stream, under the priority of the Hall and Scearce appropriations as determined in this adjudication, shall be distributed to the Hall lands and the so-called Scearce lands up to their requirements as aforesaid in preference to all other lands under the project

214
system, subject only to such priorities over said Hall and Scearce lands as may be decreed in said adjudication.

d. That the proper administration of the project system requires the cleaning and incidental repair, for a distance of approximately one-half mile above the Hall intake, of that main project canal which supplies the Hall lands, at least as frequently as once every other year, and occasionally for two years in succession; that the only practical and feasible time in which this cleaning can be accomplished is during a period of approximately three weeks in the month of October, at which time water is not diverted into the canal from Stony Creek and same is allowed to dry out as the necessary requirement of said cleaning and repair; that it is understood that the parties hereto will arrange matters so as to accomplish an irrigation of the forage crops on the Hall lands (if the same should be necessary at that time) just prior to the cleaning out of said canals as aforesaid; and also at that time to have stock water taken from said canal so that the same in so far as practicable may be carried over during said cleaning period in receptacles or depressions on said lands. It is understood that no longer period than three weeks will ordinarily be required for these cleaning operations, and that the same will be curtailed in time so far as reasonable and practicable, and that water for irrigation shall be available for the balance of the irrigation season thereafter for said Hall lands to the extent of the unused portion of the total named in paragraph "a" above, and gauged by the requirement of said lands as described in said paragraph."
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SCEARCE LANDS.
"It is hereby stipulated by and between the plaintiff herein and defendants Olive Scearce Pearsons, W. E. Scearce and Mary J. Scearce, by and through their solicitors, in avoidance herein of all controversy and as a settlement of the trial of all issues, as between the said plaintiff and defendants in relation to the agreement hereinafter named or otherwise, that the agreement between the Stony Creek Irrigation Company and the predecessors in interest of said defendants, dated May 16, 1904, and as in turn taken over and assumed by the United States in its agreement with the Stony Creek Irrigation Company, dated September 14, 1907, and deed from said Stony Creek Irrigation Company in pursuance thereof of May 21, 1909, is hereby confirmed, and in the following particulars shall have the sense and meaning herein provided, to-wit:
a. That the 125 miners inches and 75 miners inches of water (under four inch pressure--being equivalent respectively to 2-1/2 and 1-1/2 cubic feet per second) shall be delivered to the Scearce lands from the Goverment system during the periods in each irrigation system described in said agreement to the extent of the requirement of the lands actually being irrigated in each season; such requirement to be gauged by the maximum requirement of similar lands under the Orland project, and such deliveries to be by way of irrigation heads of greater amount than the aforesaid 125 miners inches and 75 miners inches, when required, in accord with the usual practice on the project; the total amount of water delivered during any irrigation season to said Scearce lands to be not greater in volume than the amount produced by a continuous flow of 125 miners inches up to July 15th and a con-

216
tinuous flow of 75 miners inches during the balance of the irrigation season; and in any one monthly period of each irrigation season not more than would be provided by a continuous flow for one month of 125 miners (if before July 15th) or of 75 miners inches (if after July 15th), or as the case may be, a proper combination of the two where the monthly period to be considered includes said date of July 15th.

b. That water for stock watering purposes on the Scearce lands (to the extent of all reasonable necessity therefor but without undue waste) may be taken from the Government canal during the irrigation season when water is not being delivered for the irrigation of said lands, and at such times in the year outside the irrigation season as water is being run in said canal at the Scearce intake as a matter of project administration. It is understood, however, that the running of water in said canal outside the irrigation season is not a usual condition, but rather on the other hand that water is seldom if ever taken from the stream or run in the project distribution system at any time except during the irrigation season, and, therefore, is and will not be available ordinarily for stock watering purposes on any lands including the Scearce lands except during the irrigation season.

c. That the advantageous facilities resulting from the storage of water by the Government shall be made use of in accomplishing deliveries to the Scearce lands when at all practicable, and that in years of drought or great scarcity of water (of which the year 1924 was an example), at which time the storage water is exhausted early in the season, the available natural flow in the stream, under the priority of the Hall and Scearce appropria-

217
tions as determined in this adjudication, shall be distributed to the Hall lands and the so-called Scearce lands up to their requirements as aforesaid in preference to all other lands under the project system, subject only to such priorities over said Hall and Scearce lands as may be decreed in said adjudication.

d. That the proper administration of the project system requires the cleaning and incidental repair, for a distance of approximately one-half mile, located one and one-half miles above the Scearce intake, of that main project canal which supplies the Scearce lands, at least as frequently as once every other year, and occasionally for two years in succession; that the only practical and feasible time in which this cleaning can be accomplished is during a period of approximately three weeks in the month of October, at which time water is not diverted into the canal from Stony Creek and same is allowed to dry out as the necessary requirement of said cleaning and repair; that it is understood that the parties hereto will arrange matters so as to accomplish an irrigation of the forage crops on the Scearce lands (if the same should be necessary at that time) just prior to the cleaning out of said canal as aforesaid; and also that at that time to have stock water taken from said canal so that the same in so far as practical may be carried over during said cleaning period in receptacles or depressions on said land. It is understood that no longer period than three weeks will ordinarily be required for these cleaning operations, and that the same will be curtailed in time so far as reasonable and practicable, and that water for irrigation shall be available for the balance of the irrigation season thereafter for said Scearce lands to the extent of the unused portion of the total named in para-

218
graph 'a' above, and gauged by the requirement of said lands is described in said paragraph.

Appropriation of the Stony Creek Irrigation Company.

That a corporation, designated Stony Creek Irrigation Company, was duly organized under the laws of the State of California on the 20th day of January, 1888, and on January 27th of the same year said company duly posted an appropriation notice and duly recorded a duplicate thereof for record in the public records of the County of Tehama, California, in the manner and in effect and substance as follows:

Notice posted on the southerly or right bank of Stony Creek in SW 1/4 SE 1/4 of Section 29, T. 23 N., R. 4 W., M. D. B. & M., in the County of Tehama, State of California, at the point of diversion of the so-called Hall & Scearce ditch heretofore described, and a duly verified duplicate thereof recorded in Book F of Miscellaneous at page 62, public records of Tehama County on January 28, 1888; said notice claiming and expressing the intention to appropriate 15,000 miners inches, measured under a 4-inch pressure, of the waters flowing in Stony Creek at said point for domestic purposes and for the purpose of irrigating certain lands in the east half of Township 22 North, Range 4 West, Township 22 North, Range 3 West; and in the west half of Township 22 North, Range 2 West, M. D. B. & M., in the County of Glenn (then a part of Colusa County) State of California, which said area as described in said notice includes all of the lands hereinafter set out and described in

219
the so-called Stony Creek Land Schedule (except that said schedule also covers the Hall and Scearce lands as under contract with said company as aforesaid); said notice also stating that an enlargement of the Hall & Scearce ditch to a sufficient capacity to carry the said 15,000 miners inches of water was intended as a means of diverting same.

That thereupon and within the period prescribed by law, in accord with the intentions and purposes expressed in said notice, said company commenced the construction of a diversion dam at a point on Stony Creek about 75 feet in a northerly or northwesterly direction from the head of the Hall & Scearce ditch, in said SW 1/4 SE 1/4 of Section 29, T. 23 N., R. 4 W., M. D. B. & M., and also at said point, leading from the southerly end of said dam in a southeasterly direction, the construction of a canal or ditch having a capacity of 100 cubic feet per second or 5,000 miners inches under a 4-inch pressure, and diligently and uninterruptedly carried forward said construction and completed said structures in the year 1889; said canal as thus completed extending from said dam for a distance of more than 9-1/2 miles to and through lands in the immediate vicinity of the town of Orland, in Section 22, T. 22 N., R. 3 W., M. D. B. & M.; that said dam and canal were constructed in the location described in said appropriation notice saving only that said diversion dam, and said canal at its head, were set over for a distance of 75 feet as aforesaid, instead of exactly corresponding with the diversion point of the Hall Scearce ditch; a

220
record and notice of said change being made by said company through the posting of an additional appropriation notice at the point of said diversion, on the 15th day of May, 1888 (and the due record of verified copy thereof on the 21st day of May, 1888) which in form and substance otherwise corresponds with the notice of January 27th, 1888, aforesaid; that no appropriations, diversions or uses of water had been or were being made at any of the times above mentioned from Stony Creek between the aforesaid points of diversion, and that the said above described departure from the location described in said notice of January 27, 1888, caused no injury or damage to others and effected no change in the intentions and purposes of said Stony Creek Irrigation Company as same were stated in the said original notice of January 27th, 1888.

That the necessary laterals for said canal were also constructed as needed, uninterruptedly and with all due diligence, and the waters of Stony Creek were first diverted by means of said dam and carried in said canal to said lands and applied to beneficial use for the irrigation thereof, in the early summer of the year 1889, when 50 acres of said lands were irrigated and thus made to produce valuable crops; that thereafter and from year to year, uninterruptedly and with due diligence, constantly increasing amounts of said waters were diverted and carried by said structures to said lands and beneficially applied to the irrigation of constantly increasing areas thereof so that, within a reasonable time, in the years 1906-7

221
495 acres of said lands had been irrigated and made to produce valuable crops by that means; that said Stony Creek Irrigation Company, in order to achieve economies and practical benefits in the matter of the diversion and carriage of water through its system (as a result of negotiations which extended over some years) in the month of May, 1904, entered into contracts respectively with the successors in interest of Laban Scearce and with the successors in interest of A. L. Hall, whereby and whereunder said company became entitled to and did make use of the diversion works and upper portion of the so-called Hall and Scearce ditch as a part of its irrigation system, and thereupon improved and enlarged said diversion works and the upper portion of said Hall and Scearce ditch to correspond with the capacity of its own irrigation system and caused same to be incorporated within its said system and thereafter used same as thus improved and enlarged in the diversion and carriage of water for the purposes aforesaid including the service of water to the Hall and Scearce lands as also provided in said contracts of May, 1904;

That plaintiff, on the 14th day of September, 1907, in pursuance of its purpose to irrigate the lands of the Orland Project as set out and defined in earlier paragraphs of this finding, and in order properly to correlate all water service to the lands of said project and to have the advantage and benefit of the appropriation and priority of said Stony Creek Irrigation Company, and to develop, carry forward and com-

222
plete same, entered into a contract with said company, wherein plaintiff agreed to purchase and said company agreed to sell its water rights, canal, laterals, and its entire irrigation system with all rights-of-way thereof, for the valuable consideration named in said agreement, and wherein it was further provided that plaintiff would assume the obligations of said company as stated in its contract with the successors in interest of Laban Scearce and of A. L. Hall, as above described; that said company in pursuance of said contract executed and delivered to plaintiff a deed of conveyance of the water rights and properties above named on May 21, 1909;

That plaintiff immediately upon entering into said contract with said Stony Creek Irrigation Company took control of the irrigation system of said company and by replacements, appropriate connections and enlargements caused same to be included within and to be made a part of the larger irrigation works of the Orland Project, so that the South Diversion Dam and the South Canal of said project with the laterals leading therefrom, absorbed and replaced said system; that the foregoing work of combining the two systems was so undertaken and carried forward as to provide against any interruptions of deliveries of waters to the lands heretofore served by the said Stony Creek Irrigation Company, and plaintiff uninterruptedly and with all due diligence continued to carry out the obligations, intention and purpose of said company by the continuance of said water service to the Hall and Scearce lands, and by the

223
continuous diversion during each irrigation season of increasing quantities of water from Stony Creek and by the carriage and beneficial application thereof to the increasing amount of the lands originally intended to be irrigated by said company, so that 3,200 acres of said lands were reclaimed and irrigated with due diligence and within a reasonable time, and crops of value grown thereon; that plaintiff, since the reclamation and irrigation of said 3,200 acres of said lands, and under and in pursuance of said appropriation and priority of said company, has continued to divert water from Stony Creek and to carry and beneficially apply same to said 3,200 acres for the irrigation thereof; that such reclamation and irrigation of said lands, however, was accomplished under certain special physical conditions and limitations, in that the full amount of water required to irrigate said lands during each irrigation season, at all the times above mentioned, was diverted from the natural flow and applied to said lands whenever available under said priority at the point of diversion from Stony Creek, but that when said full amount was not available the amount so diverted was supplemented by way of the release from East Park reservoir and diversion and application to said lands of stored waters as described in earlier paragraphs of this finding;

That the 3,200 acres of land so reclaimed and irrigated under and in pursuance of the appropriation and priority of the said Stony Creek Irrigation Company, are described in the following tabulation, des-

224
ignated "Stony Creek Land Schedule", wherein the irrigable lands (which are also invariably irrigated lands) in each quarter-quarter section or 40-acre tract are shown in the manner heretofore described, to-wit:

[ .pdf Exhibit -"Stony Creek Land Schedule." ]

That said lands are within and a part of the Orland Project area as aforesaid, have the same irrigation season, and require and have required, and there have been diverted and applied to beneficial use thereon under said appropriation, during each season, the amounts of water per acre (including necessary supplementation from storage) heretofore stated as the basic requirements for the lands of said project, to-wit:

225



     4.05    acre-feet per acre, diverted at a rate not to exceed


      .0133  cubic feet per acre per second, or a total
             for each season for said 3,200 acres of


12,960.0     acre-feet, diverted at a rate not exceeding


    42.6 cubic feet per second.

Appropriation of Lemon Home Water, Power and Light Company

That on May 4th, 1897, one Thos. Brown duly posted an Appropriation Notice and duly recorded a duplicate thereof in the public records of the County of Glenn, California, in the manner and in effect and substance as follows:

Notice posted on the north or left bank of Stony Creek in NE 1/4 NW 1/4 of Section 1, T. 22 N., R. 4 W., M. D. B. & M., Glenn County, California near the high bluff adjoining said stream, and a duly verified duplicate thereof recorded in Book I, of Miscellaneous Records at page 383, Records of Glenn County; said notice claiming and expressing the intention to appropriate 10,000 miners inches measured under a 4-inch pressure of the waters of Stony Creek at said point for the irrigation of certain lands in Township 22 North of Ranges 3 and 4 West, M. D. B. & M. on the north side of Stony Creek in said above named county, which area (with the corrections for minor omissions hereinafter noted) includes all of the lands hereinafter set out in the so-called Lemon Home Land Schedule, made part of this finding;

That a corporation, designated Lemon Home Water, Power Light Company, was duly organized

226
under the laws of the State of California in or within a short time prior to the month of July, 1900; and said Thomas Brown thereupon, to-wit: on the 30th day of July, 1900, conveyed to said Company all his right, title and interest in and to the appropriation initiated by him as aforesaid, and the ditches, canals and irrigation structures built thereunder, with rights of way therefor;

That for the purpose of correcting the omission in its first Notice of Appropriation of a certain small area of land in the southwest corner of Section 31, T. 23 N., R. 3 W., and for the further purpose of more clearly describing its diversion works and canal, said company on the 11th day of September, 1900, caused to be posted and recorded a supplementary Notice of Appropriation at the point of the first notice and in substance corresponding in text therewith, with the additional mention of the township and range containing the small area above referred to and a further description of its diversion works and canal as aforesaid;

That within the period after said first notice prescribed by law, and in accordance with the intentions expressed in said notice with its correction, said company's grantor commenced the construction of a diversion dam at and in the immediate vicinity of the point of posting said notice, and also at said point and leading from the northerly end of said dam in an easterly direction, the construction of the canal or ditch having a capacity of more than 350 miners inches measured under a 4-inch pressure or 7 cubic feet per second,

227
and diligently and uninterruptedly carried forward said construction and completed same in the year 1897; said canal as thus completed extending to the point known as Malton Switch, in the northeast corner of Section 3, T. 22 N., R. 3 W., M. D. B. & M.; that the waters of Stony Creek were first diverted by means of said dam and carried to the lands intended to be irrigated thereunder as aforesaid and applied to beneficial use for the irrigation thereof in the summer of that year, when some 50 acres of said lands were irrigated and made to produce crops of value; that thereafter, diligently and uninterrupterly [sic] and from year to year, constantly increasing amounts of said waters were diverted and carried to said lands by said Company and its predecessors in interest and beneficially applied to constantly increasing areas thereof so that, within a reasonable time, in the years 1906-7 more than 150 acres of said lands had been irrigated and made to produce crops of value by that means;

That plaintiff, on the 27th day of September, 1907, in pursuance of its purpose to irrigate the lands of the Orland Project as set out and defined in the earlier paragraphs of this finding, and in order properly to correlate all water service to the lands of said project and to have the advantage and benefit of the appropriation and priority of the said Lemon Home Power, Light & Water Company, and to develop, carry forward and complete same, entered into a contract with the said company wherein plaintiff agreed

228
to purchase and said company agreed to sell, for the valuable consideration therein named, its water rights, canal, laterals and entire irrigation system and all rights-of-way therefor; that said company in pursuance of said contract executed and delivered to plaintiff a deed to said water rights and properties on March 26, 1910;

That plaintiff immediately upon entering into the above named contract with said Company, took control of its irrigation system, and by replacements, appropriate connections and enlargements caused same to be included within and made a part of the larger irrigation works of the Orland Project so that the North Diversion Dam and North Canal of said project, with the laterals leading therefrom absorbed and replaced same; that the foregoing work of combining the two systems was so undertaken and carried forward as to provide against any interruptions of the deliveries of waters to any of the lands served by the system of said company, and plaintiff uninterruptedly and with all due diligence continued to carry out the intention and purpose of said company by the diversion from Stony Creek of continuously increasing amounts of water, and the carriage and application thereof to increasing areas of the lands originally intended to be irrigated by said company, so that 475 acres of said land were reclaimed and irrigated within a reasonable time and crops of value grown thereon; that plaintiff, since the irrigation of said 475 acres of said lands and under said appropriation and priority of said company, has continued to divert water from

229
Stony Creek during each irrigation season and beneficially apply same to the said 475 acres for the irrigation thereof; that such reclamation and irrigation, however, was accomplished under certain special physical conditions and limitations in that the full amount of water required to irrigate said lands during each irrigation season, at all the times above mentioned, was diverted from the natural flow and applied to said lands whenever available under said priority at the point of diversion on Stony Creek, but that when said full amount was not available the amount so diverted was supplemented by way of the release from said East Park Reservoir and diversion and application to said lands of stored waters as described in earlier paragraphs of this finding;

That the 475 acres of lands so reclaimed and irrigated under and in pursuance of the appropriation of the Lemon Home Water, Power & Light Company are described in the following tabulation, designated "Lemon Home Land Schedule", wherein the irrigable lands (which are also invariably irrigated) in each quarter-quarter section or 40-acre tract are shown in the manner heretofore described, to-wit:

[ .pdf Exhibit - "Lemon Home Land Schedule." ]

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That said lands are within and a part of the Orland Project area as aforesaid, have the same irrigation season, and require and have required, and there have been diverted and applied to beneficial use thereon under said appropriation, during each season, the amounts of water per acre (including necessary supplementation from storage) heretofore stated as the basic requirements for the lands of said project, to-wit:



    4.05   acre-feet per acre, diverted at a rate not to exceed


     .0133 cubic feet per acre per second, or a total for each season
           for said 475 acres of


1,923.75   acre-feet at a rate not exceeding


    6.32   cubic feet per second.

Adverse User as Against Stony Creek and Lemon Home Appropriations.

That a large number of the parties defendant named in the Appropriation Schedule in Article XXI of these findings divert water for their lands at points on Stony Creek or its tributaries shown in said Schedule above and upstream from the North and South Diversion Dams of the Orland Project (no diversions being shown between said dams), and as against said defendants this suit was commenced on the dates indicated below:

On May 28th, 1918 against A. C. Bayley, M. G. Bedford, R. E. Blevins, O. F. Bickford, W. W. Gatliff, Alvin Gollnick, James Harman, S. A. Hineline, John O. Johannsen and Wiebeke Johannsen, Lucy Kimel, J. E. Knight, J. F. Mallon, G. W. Markham, William Niesen, Har-

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vey E. Provence, John H. Soeth, E. E. Smith, I. E. True, Abe L. Triplett, Frank W. Troxel, A. P. Wakefield, Frank Whalley;

On October 4, 1919, against Carl Green, L. E. Mann and Tim O'Leary;

On March 31, 1922 against John A. Harbison;

On April 3, 1919 against all others thereof;

That those of said defendants whose dates of priority for rights accredited to them in said Schedule antedate the commencement of this suit against them by five years or more, are hereby found to have been, through themselves and their predecessors in interest, in actual and continuous possession, use and enjoyment, for a period of five years or more of the waters and water rights so accredited to them, under claim of right, openly, notoriously and peaceably and not clandestinely, uninterruptedly and adversely and in hostility to, and in invasion of, the rights initiated and acquired as above described under the appropriations and priorities of the Stony Creek Irrigation Company and Lemon Home Water, Power & Light Company, and in deprivation--to the extent of the rights and diversions and uses accredited to them in said schedule--of the use of said waters by plaintiff and its predecessors in interest under said Stony Creek and Lemon Home appropriations.

The Grindstone Indian Reservation

That a certain branch or tribe of the Digger Indians of California, known locally in the Stony Creek watershed and by the Indian Office of the United

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States as the Grindstone Indians or tribe, since remote times has lived on and in the immediate vicinity of the south half of the southeast quarter of Section 15, Township 21 North, Range 6 West, M. D. B. & M., in the County of Glenn, State of California; being an eighty acre tract which is traversed by Stony Creek and located just east of the junction of Stony and Grindstone Creeks; that 35 or more of these Indians, constituting generally some 10 or 12 families, and their progenitors and antecedents, have lived upon and occupied and used said tract of land and the waters of Stony Creek traversing same continuously for many years, to-wit: probably for 60 years, and in any event since the first of the year 1881, and have depended thereon, and upon the use of said waters, for their livelihood and existence; that even by those few Indians of the tribe who occasionally sojourned at other places along Stony Creek, or made occasional trips into the mountains of the Coast Range back of said lands for fishing and hunting, or into the surrounding country for temporary farm work, the said tract since said earliest times has been used and regarded as their permanent home; that in recognition of these facts and conditions the said tract was purchased and conveyed in fee to the United States, and formally set aside and established by executive order as a reservation for and on behalf of said Indians and their successors and other Indians, on the 7th day of January, 1909, and said Indians since said date have continued to live thereon, and to

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use the waters of Stony Creek traversing same for domestic and stock watering purposes and for irrigation;

That in the lawful exercise of its supervision and control of said Indians and in carrying out its Indian Policy plaintiff has carried forward and facilited the occupation and use of said waters by said Indians, and has provided more economical means for the application of same to the above purposes, by way of construction and completion, in the early months of the year 1920, of a flume and ditch, with a minimum capacity of somewhat more than 1 cubic foot per second, and which extends from a point on the southerly or right bank of Stony Creek (bearing N 80' 30' W, 1,840 feet from the southeast corner of said Section 15) in a easterly direction for at distance of approximately 2,200 feet, over and across the said reservation; that plaintiff has also installed a gas engine and pump taking from Stony Creek at the head of said ditch and flume and having a capacity commensurate therewith; that said irrigation system was installed and put in operation on the 15th day of July, 1920, and has been in use and operation continuously since that date, and by that means and with due and reasonable diligence, 15 acres of said reservation, have been irrigated since that time and crops of value raised thereon by said Indians; that the water diverted by said pump and flowing in said ditch and flume has also been used for stock watering and domestic purposes, as well as for irrigation, and has

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supplied the two Indian homes on that side of Stony Creek; some ten or more of such homes being on the other or northerly side of Stony Creek and using water directly therefrom for such purposes; that the development of said reservation and the occupation and use of same by the present Indians and their deseendants, and by such additional Indians as may hereafter be placed thereon by competent authority, will involve the establishment and existence of a total of at least twenty-five homes, predicating a total of from 75 to 100 individuals; that the supply of stock water for cattle and animals on said reservation and the supply of domestic water for said Indians and their homes can best be accomplished by providing for the diversion of water from Stony Creek on the south as well as the north side of said stream by way of ditches, flumes, pipelines, and pumps, and that it will be feasible by this economical means to limit all future diversion and use of water from Stony Creek for domestic and stock watching purposes, together with the use for irrigation herein described to a total flow of 1 cubic foot per second throughout the year; that under the conditions which have obtained upon said reservation in the past and which presently exist, domestic and stock watering purposes, combined with the use for irrigation above described, have required and require that a flow of at least 1 cubic foot per second be continuously available throughout the year in Stony Creek for use upon said reservation for such purposes;

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That in the irrigation of said lands there are required and have been diverted from Stony Creek and used beneficially during each irrigation season, which for said lands extends from the 15th day of April to the 15th day of September of each year--52.5 acrefeet of water or 3-1/2 acre-feet per acre, and for a month of maximum use, 13.1 acre-feet, or if the diversion were constant during said month, .22 cubic feet per second; that the irrigation of said lands has been and is to be accomplished by way of occasional diversions by said pump into said ditch and flume to the extent of 1 cubic foot per second for brief periods, and that the physical conditions on the stream at said point of diversion, by reason of the of the rise of the sub-channel flow at that point, and the great distance between it and other points of diversion on said stream, are of such character that the diversion of the aforesaid 52.5 acre-feet per season at the rate, when being diverted, of 1 cubic foot per second can be made without interference with other rights or diversions on said stream and without provision for rotation with others.

Conclusion of Law.
Plaintiff, by its acts and undertakings in relation to the Orland Project and the water supply therefor, as same are described in the foregoing finding of fact, has reserved and appropriated (and purchased and perfected appropriations of) the waters of Stony Creek and its tributaries for the purposes of said project find has acquired and now owns rights in said water, as follows;

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(1) The right, by reservation and appropriation, to divert 85,050 acre-feet of the waters of Stony Creek and its tributaries, during each irrigation season, from the natural flow in said creek at the South and North Diversion Dams of the Orland Project--as of the date of priority of October 10, 1906, and to the extent that such waters are available under said priority--at a rate of diversion not exceeding 279 cubic feet per second at any time during such season for the reclamation and irrigation of the 21,000 acres of irrigable lands of the Orland Project described in the project land schedule as set out in the foregoing findings of fact.

(2) The right, by reservation and appropriation, as of the date of priority of October 11, 1906, to store the waters of Little Stony Creek and its tributaries in the East Park Reservoir of the Orland Project by means of the East Park Storage Dam, to the extent of the full 51,000 acre-foot capacity of said reservoir at all times in each year when said waters are available above said dam for such storage under the aforesaid priority; and the right in that relation to control and administer the release from said reservoir of the waters so stored and thus reduced to ownership, and to conduct same down the channel of Little Stony Creek and channel of Stony Creek to the South and North Diversion Dams of the Orland Project, and there to recapture and control the diversion of same by means of said dams for conveyance in the South and North Canals to the lands of said project for the reclamation and irrigition thereof and for the supplementation of amounts available therefor at said dams from natural stream flow under plaintiffs rights.

(3) The right, by reservation and appropriation, to divert 28,350 acre-feet of the waters of Stony Creek and its tributaries, during each irrigation season, from the natural flow in said creek

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at the North Diversion Dam of the Orland Project--as of date of priority, of March 23, 1910, and to the extent that such waters are available under such priority--at a rate of diversion not exceeding 93 cubic feet per second at any time during such season, for the reclamation and irrigation of the 7,000 acres of irrigable lands within the Orland Project north of Stony Creek;

(4) The right, by reservation and appropriation to divert 250 cubic feet per second of the waters of Big Stony Creek and its tributaries from the natural flow thereof at the East Park Diversion Dam of the Orland Project--as of the date of priority of March 25, 1913, and to the extent that such waters are available at any time during the year under said priority--for eonveyance in the East Park Feed Canal to the East Park Reservoir for storage therein; and the right in that relation to control and administer the release from said reservoir of the waters so stored and thus reduced to ownership, and to conduct same down the channel of Little Stony Creek and the channel of Stony Creek to the South and North Diversion Dams of the Orland Project, and there to recapture and control the diversion of same by means of said dams for conveyance in the South and North Canals to the lands of said Project, for the reclamation and irrigation thhereof and for the supplementation of amounts available therefor at said dams from natural stream flow under plaintiff's rights.

(5) The right, by appropriation, to divert 769.5 acre-feet of the waters of Stony Creek and its tributaries, during each irrigation season, from the natural flow thereof at the South Diversion Dam of the Orland Project--as of the date of priority of April 15, 1864 and to the extent that such waters are available under said priority--at a rate of diversion not exceeding 2.53 cubic feet per second at any time during

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such season, for the irrigation of the 190 reclaimed and irrigated acres of the so-called Ha11 & Scearce lands, within said project and described in the schedules designated "Hall Lands" and "Scearce Lands" last shown in the foregoing finding of fact, and for the watering of stock thereon; the mutual relations of plaintiff and defendants Chas. M. Hall and Gertrude M. Hall, and plaintiff and Olive Scearce Parsons, W. E. Scearce and Mary J. Scearce, as to the water rights of said defendants are as defined in the stipulations between them and plaintiff set out in the foregoing finding of fact under "The Hall and Scearce Appropriations."

(6) The right, by appropriation, to divert 12,960 acre-feet of the waters of Stony Creek and its tributaries, during each irrigation season, from the natural flow of said creek at the South Diversion Dam of the Orland Project--as of the date of priority of January 27, 1888 and to the extent that such waters are available under such priority at a rate of Diversion not exceeding 42.6 cubic feet per second at any time during the season, for the irrigation of the 3,200 acres of lands named in the Stony Creek Land Schedule and within the Orland Project; which said right, however, is subsequent in point of time in its call upon the waters of the stream, and subject and inferior, to the rights of those certain defendants herein (as same are defined in Article XXI of these findings) whose diversion points are above and upstream from said South Diversion Dam, and whose dates of priority, for rights accredited to then antedate the commencement of this suit against therm (as shown in the foregoing finding of fact under "Adverse user as against Stony Creek and Lemon Home Appropriations") by 5 years or more, for the reason that such rights have been acquired and become established by prescription, as against

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the above named right of plaintiff, through and for the statutory period as set down in the foregoing finding of fact.

(7) The right by appropriation to divert 1923.75 acre-feet of the waters of Stony Creek and its tributaries, during each irrigation season, from the natural flow of said creek at the North Diversion Dam of the Orland Project--as of the date of priority of March 4, 1897 and to the extent that such waters are available under said priority--at a rate of diversion not exceeding 6.32 cubic feet per second, at any time during such season, for the irrigation of the 475 acres of lands named in the Lemon Home Land Schedule and within the Orland Project; which said right, however, is subsequent in point of time in its call upon the waters of the stream, subject and inferior to the rights of those certain defendants herein (as same are defined in Article XXI of these findings) whose diversion points are above and upstream from said North Diversion and whose dates of priority for rights accredited to them antedate the commencement of this suit against them as shown in the foregoing finding of fact under "Adverse user as against Stony Creek and Lemon Home Appropriations") by 5 years or more, for the reason that said rights have been acquired and become established by prescription, as against the above named right of plaintiff, through adverse user for the statutory period as set down in the foregoing finding of fact.

Note: the total diversion under the rights listed in Items (1), (3), (5), (6) and (7) above is not to exceed the amount per season and maximum rate stated, for the right described in Item (1).

Indian Rights of Plaintiff.
That by reason of the occupancy, possession and use of the Grindstone Indian Reservation and the

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waters of Stony Creek traversing same, by the Indians thereon as described in the foregoing finding of fact, and by reason of plaintiff's guardianship, supervision and control of said Indians and ownership of said reservation and the property of said Indians as such guardian, and by reason of plaintiff's creation and establishment of said reservation and of its appropriation of the waters of Stony Creek for the irrigation of the irrigable lands therein, all as described in said finding, plaintiff has reserved, acquired and appropriated the waters of Stony Creek and its tributaries, and has acquired and owns, on behalf of said Indians, their descendants and successors on said reservation, rights, to said waters as follows:

(a) The right by Indian occupation, possession and use, to have the waters of Stony flow over and through said reservation, for use by way of diversions thereof or otherwise, for stock watering and domestic purposes thereon or therewith, and for the irrigation of the lands thereof, as of the date of of April 15, 1881 and to the extent of 1 cubic foot per second constant flow throughout each year;

(b) The right, as reserved by implicition of law at the time and because of the setting aside and establishment of said reservation, as shown in said Article XXII, to have the waters of Stony Creek flow through and over said reservation, for use by way of diversion thereof or otherwise for stock watering and domestic purposes thereon and therewith, and for the irrigation of the lands thereof, as of the date of priority of January 7, 1909, and to the extent of 1 foot per second constant flow throughout the year;

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(c) The right, by appropriation, to divert from the natural flow of Stony Creek at the point of diversion or pump site described in the foregoing finding of fact 52.5 acre-feet of water during each irrigation season--as of the date of priority of July 15, 1920 and at a rate of diversion not exceeding 1 cubic foot per second at any time during each season--for the irrigation of the 15 irrigable acres of land within said reservation;

NOTE: The foregoing rights, as listed under items (a), (b) and (c) above, are inclusive one of the other in such manner as to limit the total diversion thereunder to one cubic foot per second constant flow throughout the year.

That plaintiff, as against the parties to this suit whose rights are defined, and may be determined and decreed herein, and their successors in interest, is limited and confined, in its call upon the waters of Stony and its tributaries, to the rights defined in this article, together with such rights by estoppel, prescription or otherwise as are accredited to it in the other articles of these findings as against certain of the defendants herein.

_____

ARTICLE XXIII.

Riparian Rights of Certain Defendants.
That each of the defendants of record who is in the column headed "Claimants" in the following tabulation or "Riparian Schedule" is the owner (hereinafter referred to as "riparian owner") of the lands set opposite his name in said Schedule under the heading "Description of Lands" (or of an undi-

242
vided interest therein when named as such owner with one on more others); that the legal subdivisions or quarter-quarter sections by which said lands are described are hereinafter also referred to as "parcels," and in the rare instance in which such ownership does not cover the entire area of any such parcel, the irrigated and irrigable areas of such parcel (shown in said Schedule) lies within the portion thereof which is covered by such ownership; that the ownership of and title to said lands was acquired by each of said riparian owners through grant or patent from the United States in which he was named as grantee, or through deraignment [?} by mesne conveyances in a direct line from the grantee or grantees named in said grant or patent; that the stream or streams set opposite his name in the column headed "Stream" touches or traverses each of the parcels of said lands which is marked with a star in said schedule; that each parcel of said lands which is so touched or traversed by the stream as aforesaid is within a single tract and unit of land which was acquired from the United States by grant or patent as aforesaid and which at the time of said acquisition also was touched or traversed by said stream; that each parcel of said lands which is not touched or traversed by said stream is within a single tract and unit of land which as aforesaid was acquired from the United States by grant or patent, and now is and was at the time of said acquisition one of the contiguous parcels making up said tract or unit, some parcel thereof being then and now touched

243
or traversed by said stream; that said lands, as set opposite the name of each riparian owner, do not include any part or parcel of a single tract and unit so acquired from the United States which, during the course of said deraignment of title was separated from the title chain and from that part of said tract and unit which was touched or traversed by the stream, but afterward returned to the title chain through a reconveyance thereof, saving and excepting only that said lands may contain a parcel or portion which was so separated from and returned to the title chain by conveyances which in each instance also explicitly transferred the riparian claim or right appertaining to said tract;

That the areas within the lands owned by each of said riparian owners, and within each parcel thereof, which are irrigable or capable of irrigation from and by means of the waters of said stream if as a matter of fact water be available therein for that purpose during the irrigation season, are set opposite his name and said lands in the columns headed "Irrigable Acreage", totals for said lands being first given, followed by the number of irrigable acres (both irrigated and unirrigated) in each parcel; that the figures given in said Schedule for irrigated areas exactly correspond with those stated for the same defendants in the Appropriation Schedule in Article XXI of these findings, to which reference may be made for the water requirements of said areas; that saving and excepting only the irrigated areas above described, the lands

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of each and every of said riparian owners have always remained unirrigated and no water has ever been diverted for or used thereon from the contiguous stream or from any source, beneficially or otherwise, for irrigation or for any other purpose, excepting those very rare instances in which sporadic, brief and very limited attempts at irrigation were made in early years, and long since, and in every instance for more than 15 years, have been wholly discontinued and abandoned;

That the amount of water in acre-feet per acre required at said lands in each irrigation season properly to irrigate same, the allowable conveyance loss from point of diversion to said lands (expressed in percentage of diversion) and the amount of water in acre-feet per acre required to be diverted from the stream during each irrigation season for the irrigation thereof, are set opposite the name of each owner under the corresponding headings of said Schedule; that the amount of water to be diverted for each acre of said lands during a month of maximum use (as heretofore defined in these findings), expressed by volume in acre-feet per acre and, as to rate of flow, in cubic feet per second per acre, are respectively set opposite the name of such owner in appropriate columns under the heading "For Month of Maximum use";

That the last named flgures as given under the heading "Requirement at Diversion," and particularly as set down in the first and last coluums under

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said heading, serve to define and represent the maximum amount of water which can be beneficially diverted for, and applied during such irrigation season to, each acre of said lands for their irrigation, and the maximum requirement of said lands in that relation, and also prescribe the maximum rate of flow at which the said total amount in acre-feet per acre may and is required to be diverted from the stream during each season; wherefore the irrigation of said lands and the diversion of water therefore, whether one acre or more of the irrigable acres therein are involved, in any event, does not require more than, and should be limited to, diversions of water from the stream within said limitations; any greater rate of diversion in cubic feet per second per acre being allowable by way of "rotation" as between several diversions (as that term is heretofore defined in these findings) without increasing the amount in acre feet per acre prescribed for each irrigation season as aforesaid; that the irrigation season above referred to and which applies to that part of the Stony Creek watershed in which such lands are situate, is the period from April 15 to September 15 of each year;

That as heretofore described in these findings, the natural flow of Stony Creek is reduced during the hot summer months (which constitute the larger part of said irrigation season) to a small flow of water which is generally barely sufficient, and sometimes insufficient, for the irrigation of the presently irrigated lands of defendants along Stony Creek and its tribu-

246
taries which approximate a total of 2,550 acres; that unless water is available for and can be supplied to the 2,500 or more acres of unirrigated lands described in the Riparian Schedule during this hotter summer period any attempt to irrigate said lands or any portion thereof would be unprofitable and uneconomical. and crops could not be raised thereon of sufficient value to warrant the expense and outlay necessary in order to provide for and continue the irrigation of same, and that therefore the proper irrigation of even a small part, and a fortiori of any considerable portion of the whole thereof, could only be accomplished by the use of the waters of Stony Creek which are now being applied to the irrigated farms or lands above referred to; that this would directly involve and require a curtailment of the irrigated area of such farms, and if it should reach any considerable proportions at all, would result in such reduction of the irrigated area and productivity of said farms, and of the amount and value of the crops grown thereon, as to render same uninhabitable and call for the abandonment thereof on account of the failure of defendants to make a livelihood thereon;

That in the column of the Riparian Schedule headed "Acquisition from the United States" there is set down, opposite of the land described therein the date when title thereto, according to the proof in the cause, was initiated and acquired from the Government by the owners thereof or their predecessors in interest; that a reference to

247
the above, and to the Appropriation Schedule in Article XXI of these findings under the heading "Date of Priority" will show that certain of the appropriations of defendants as defined in said schedule are prior in point of time to the grant by the Government of certain of the lands described in said Riparian Schedule; that the dates of acquisition from the United States set down in said Riparian Schedule also serve to show that the parcels of contiguous land opposite which the same dates are given under any single ownership make up a tract of riparian land or "riparian tract" which was originally acquired from the United States as or as a part of a single entry or unit, one or more parcels of which, as shown by the starred descriptions thereof in said schedule, were then and are now touched or traversed by the indicated stream;

That in each and every instance in which the point of diversion of a defendant named in the Appropriation Schedule is above and upstream from the point or place at which the indicated stream touches or traverses any such riparian tract, and the date of priority of the right accredited in said Appropriation Schedule at said diversion point to such defendant antedates by five years or more the date of the commencement of this suit as between said defendant or his predecessors in interest and the owner of said tract or his predecessors in interest, said defendant is hereby found to have been, through himself and his predecessors in interest and for a period

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of five years or more, in actual and continuous possession, use and enjoyment of the waters and water right so accredited to him in said schedule, under claim of right, openly, notoriously, peaceably and not clandestinely, uninterruptedly, adversely and in hostility to, and in invasion of, all claims and rights to water made for or attached to the unirrigated portion of said riparian tract, and adversely and in hostility to the owner thereof and his predecessors in interest, and in deprivation--to the extent of the rights, diversions and uses so accredited to said defendant in the Appropriation Schedule--of the diversion and use of said waters or any thereof by said owner of said riparian tract, or his predecessors in interest, for or on account of the unirrigated portion of said lands or any parcel or part thereof; that the date of the commencement of this suit as between any such defendant in the Appropriation Schedule and any such riparian owner is the date of the commenceinent of this suit as against such defendant or against such riparian owner according as to which thereof is the later; reference being made (as to such date for a defendant in the Appropriation Schedule) to Article XXII under "Adverse user as against Stony Creek and Lemon Home Appropriations" and (as to such date for a riparian owner) to the column in the Riparian Schedule headed "Date When Sued."

That likewise in each and every instance in which the point of diversion or storage in relation to the rights of plaintiff (as referred to in said Appropria-

249
tion Schedule and defined in Article XXII of these findings) is above and upstream from the point or place at which the indicated stream touches or traverses any such riparian tract, and the date of priority of such right of plaintiff antedates by 5 years or more the date of the commencement of this suit as between plaintiff and the owner of said riparian tract or his predecessors in interest (being the date set down in the column of the Riparian Schedule headed "Date When Sued"), plaintiff, as to its said right at such point of diversion or storage, is hereby found to have been, for a period of five years or more, in actual and continuous possession, use and enjoyment of said water right and of the waters diverted or stored and used thereunder, under a claim of right, openly, notoriously, peaceably and not clandestinely, uninterruptedly, adversely and in hostility to, and in invasion of, all rights and claims to water made for or attached to the unirrigated portion of said riparian tract, and adversely and in hostility to the owner thereof and his predecessors in interest, and in deprivation--to the extent of the said right of plaintiff and the diversion, storage and use of water thereunder--of the diversion and use of said waters or any thereof by said owner of said riparian tract or his predecessors in interest for or on account of the said unirrigated portion of said lands or any parcel or part thereof;

That the irrigation works of the Orland Project, as more particularly described in Article XXII of

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these findings (including the East Park Storage Dam and Reservoir, the Diversion Dam on Big Stony Creek and the East Park Feed Canal leading therefrom, and the North and South Diversion Dams and North and South Canals) were constructed, and water was and has been reserved and appropriated, and since has been and now is being diverted by and stored and carried in said structures, for a public use and purpose; that such construction and the previous plans and purposes in that relation and such reservations and appropriations and the diversion, carriage and storage of water thereunder, and the said public use and purpose for which these things were to be and have been done, since their inception have been notorious and a matter of common knowledge in the Northern Division of the U. S. District Court for the Northern District of California and in the Stony Creek watershed, and particularly and positively well known to each and every of the said defendants named in the Riparian Schedule and their predecessors in interest, who were and always have been personally aware of the earlier plans for and building of these extensive, concrete and permanent works, of the great cost thereof, of the reservations and appropriations of water in that relation, of the proposed and actual (construction and operation thereof and diversion and storage and beneficial use of water thereby, and of the public use and purposes always intended to be and heretofore and now being served by the same, all without protest or otjections thereto or any

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thereof by said defendants or their predecessors in interest, or any thereof, and without attempt or endeavor, directly or indirectly by suit or otherwise to prevent, interfere with or interrupt same; said defendants and each of them, and each and every of their grantors and predecessors in interest, fully and freely acquiescing and consenting thereto, and recognizing the advantages thereof to the community of which they were a part and the rights of plaintiff in that relation;

That the Riparian Schedule made part of this finding of fact is as follows:

[ .pdf Exhibit - "Riparian Schedule." ]

257

Conclusion of Law.
That each of the riparian owners named in the foregoing Riparian Schedule, by reason of his ownership of the riparian lands (or of an undivided interest therein when named as such owner with one or more others) described and set opposite his name under the heading "Description of Lands"--subject always to the conditions and limitations hereinafter set out and prescribed--is the owner of and has the right, or right in common or jointly when named as aforesaid with one or more others) to divert from the stream set opposite his name under the heading "Stream", and to carry to and apply to beneficial use upon said lands, for the irrigation of the irrigated and unirrigated areas thereof set opposite his name under the heading "Irrigable Acreage", water in maximum amounts and at maximum rates of flow set opposite his under the heading "Requirement at Diversion" as follows, to-wit:

The number of acre-feet per acre during each irrigation season stated in the first column under said heading, to be diverted at a rate not exceeding at any time during said season the flow in cubic feet per second per acre stated in the last column thereunder.

That the right of each of said riparian owners, being based upon the ownership of lands riparian to the stream, is further limited, within and under the maximum diversion figures above given, to the diversion, carriage and use of such part of the available natural flow of the stream and its tributaries (after

258
all subtractions therefrom on account of diversions and storage under such prior and superior rights as are determined and decreed herein) as does and will constitute a reasonable and proper share as between himself and the other riparian owners named in said Schedule:

(1) That the right aforesaid of each of said riparian owners, as to each riparian tract owned by him, is subsequent in point of time as to its call upon the waters of the stream and subject and inferior, to such rights of the other parties plaintiff and defendant herein, and to each thereof, as are shown by the Appropriation Schedule in Article XXI of these findings (as Supplemented for plaintiff by Article XXII) to have dates of priority which are prior in time to the date of the acquisition of said riparian tract from the United States, as set down in said Riparian Schedule;

(2) That the right aforesaid of each of said riparian owners, in so far as same relates to his unirrigated irrigable area as shown in the riparian Schedule, is further subsequent in point of time as to its call upon the waters of the stream, and subject and inferior:
(a) To the rights of those certain defendants as same are described in the Appropriation Schedule in Article XXI of these findings, whose points of diversion are above and upstream from the points or places at which the riparian tract or tracts containing said unirrigated area are touched or traversed by the stream, and whose dates of priority antedate by five years or more the date of the commencement of this suit as between each of them and such riparian owner, as shown in the foregoing finding of fact, for the reason that such rights have been acquired and became estab-

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lished by prescription, as against such owner and his right, through adverse user for the statutory period; that for the same reason the right of each of said riparian owners, in so far as same relates to his unirrigated irrigable area, is subsequent in point of time as to its call upon the stream, and subject and inferior, to those certain rights of plaintiff, as same are described in Article XXII of these findings, whose points of diversion or storage are above and upstream from the points or places at which the riparian tract or tracts containing said unirrigated areas are touched or traversed by the stream, and whose dates of priority antedate by five years or more the date of the beginning of this suit as between plaintiff and such riparian owner.

(b) To the rights which plaintiff itself has reserved and appropriated for the irrigation of the lands of the Orland Project, as same are described in Article XXII of these findings, in that each and every of said riparian owners is debarred and estopped from objecting. to, and from preventing, interfering with or interrupting, the operation and maintenance of the irrigation works and structures of the Orland Project, or the diversion, storage, conveyance and use for irrigation of the waters of Stony Creek and its tributaries by that means, and from seeking or attempting so to do by suit or otherwise, for the reason that same were projected, undertaken and done for a public use and purpose, with the full knowledge and acquiescence of such riparian owners and their predecessors in interests, and without objection. or attempt or endeavor by suit or otherwise by said riparian owners or any of them or their predecessors in interest, to prevent or hinder same, as shown by the foregoing finding of fact.

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(3) That the rights aforesaid of said riparian owners and each of them are further subject to the condition and limitation that they shall remain and continue to be valid and subsisting only to the extent to which they are actually exercised within the 10-year period prescribed by Section 11 of the so-called Water Commission Act of the State of California (Chapter 586, Statutes of 1913), namely, to the extent to which the waters of the stream are actually diverted and put to a beneficial use on the irrigable riparian lands of said owners for the irrigation thereof during said period under said rights, limited always to the amounts and rates of diversion per acre stated in this Article; that the said ten-year period as against each of said riparian owners began to run on the date of the passage of said Act and extended up to the date of the commencement of this suit against him (as stated in said riparian schedule), and shall again begin to run as against him upon the date of the making and filing of the decree herein, or in the event of the prosecution of an appeal in which his right may be involved, upon the date of the making and filing of said decree as modified or confirmed on said appeal;

That the defendants named in the Riparian Schedule and each of them, and their assignees and successors in interest, and each of them, and the persons, estates, interests or ownerships, and each of them, represented by such of said defendants as may have been sued in a representative capacity herein, as against the parties plaintiff and defendant herein, or their rights as same may be determined and decreed herein, or any thereof, do not have or own and are forever debarred and estopped from claiming or

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asserting, for or on account of any or any part of the lands owned or claimed by them, any right, title or interest in or to any of the waters or use of any of the waters of Stony Creek or its tributaries, or in or to the of any of said waters for any purpose, or for or on account of said lands or any lands, whether said Stony Creek or a tributary or tributaries thereof touch or traverse the same or some part thereof, or are possible sources of supply therefor, or otherwise, excepting only such diversions and uses as may be made under the rights which may and will be decreed to them under and in pursuance of this Article of the findings as same are defined and limited herein, and under such rights as may be decreed to certain thereof in pursuance of and in accord with Article XXI of these findings.

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ARTICLE XXIV.

Glenn-Colusa Irrigation District
That the defendant Glenn-Colusa Irrigation District was duly organized as an irrigation district and a public corporation under "the California Irrigation District Act" of the State of California on the 1st day of March, 1920, for the construction, maintenance and operation of irrigation works and furnishing and distributing of water thereby to the lands of said district; that said district has an irrigible area of 104,332.73 acres, situate in Townships 15 North, Ranges 2 West, 3 West and 4 West; 16

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North, Ranges 2 West, 3 West and 4 West; 17 North, Ranges 3 West and 4 West; 18 North, Ranges 3 West and 4 West; 19 North, Ranges 2 West and 4 West; 20 North, Ranges 2 West and 3 West; 21 North, Ranges 1 West and 2 West; and 22 North, Ranges 1 West and 2 West; in the counties of Glenn and Colusa within the Northern Division of the United States District Court for the Northern District of California; that the irrigation system of said district consists of a main canal (with its laterals and branches) which has its point of diversion and headworks on the west bank or the Sacramento River about one-half mile south of the boundary line between Tehama and Glenn counties, and extends in a general southerly direction through the counties of Glenn and Colusa for a distance of about 60 miles, and has a present capacity south of the point where it crosses Stony Creek of approximately 1,700 cubic feet per second; that said canal crosses the channel of Stony Creek at a point about six miles below its diversion near the town of St. John, and below all of the diversion points on Stony Creek and its tributaries of the ditches and irrigation systems of the parties to this suit; that water for the irrigation of the lands of said district is supplied by way of a direct gravity diversion into said canal from the Sacramento River at high stages of said river, and by pumping from said river at lower stages of said stream, which pumping is generally necessary at all periods of the irrigation season--being March 15th to October 1st of each year--excepting the first few weeks thereof;

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that the water supply for the lands of said district is supplemented in the early weeks of said season by way of diversions of from Stony Creek in the following manner: that said Glenn-Colusa Canal is so constructed at the point where it crosses Stony Creek as to permit such portion of the higher winter and spring floods as are not stored or diverted above to pass by and over said canal at the aforesaid crossing point and down the channel of Stony Creek into the Sacramento River; that the flow of Stony Creek at the aforesaid crossing point is often very considerable during the first weeks of the irrigation season but decreases very rapidly thereafter by reason of the natural fall in the stream flow and of diversions by others above so that it soon reaches a stage--generally in April or the first part of May--when such upper diversions, including those of plaintiff as against said district under the restated contract or stipulation hereinafter mentioned, consume the entire natural flow, and the water available in Stony Creek at said crossing point is the inconsiderable return flow from upstream irrigation operations; that the above described flow of Stony Creek to the extent that it is not diverted by the other parties herein as aforesaid, beginning generally at an early date in the irrigation season, is diverted into said Canal through the closing and building up of the east embankment said canal in the form of a dam across Stony Creek, but up to the year 1920 was accomplished as follows: From and including the year 1905 and through the year 1915 by means

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of a timber weir, consisting of removable bents and flash boards on double sheet piling and extending across Stony Creek immediately downstream from said crossing point; and thereafter until the year 1920 by means of a combination of aforesaid timber weir, removable bents, and flash boards together with a gravel dam; that no appreciable amount of water, however, was available at said crossing point for diversion into the Glenn-Colusa Canal during the irrigation seasons of 1913, 1914, 1918, 1919 and 1920;

That the Central Canal and Irrigation Company, a corporation then organized and existing under the laws of the State of Cilifornia, on the 14th day of November, 1904, posted an Appropriation Notice on the south bank of Stony Creek near St. John, and forthwith duly caused a duplicate thereof to be recorded at page 105 of Book II of the Miscellaneous Records of Glenn County; which said notice declared the intention of said company to appropriate 5,000 cubic feet per second of the waters of Stony Creek flowing at that point for the purpose of irrigating lands in the portion of Glenn and Colusa Counties on the westerly side of the Sacramento River and in the central portion of Glenn, Colusa, and Yolo counties lying to the east of the so-called Central Canal; the lands thus named included approximately the present area of the Glenn-Colusa Irrigation District; that the rights of said company to divert and use the waters of the Sacramento River for the irrigation of said lands were also initiated at or about that time by way of the posting of an

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Apprpriation Notice calling for 5,000 cubic feet per second of said waters, and an Act of the Congress of the United States of May 9th, 1906, under which said company was granted permission to divert at least 900 cubic feet per second of the waters of the Sacramento River, a navigable stream.

That there had existed before this time upon and along the site and survey of the proposed canal of said company, and of the present Glenn-Colusa Canal, an old and partially completed irrigation system known as the Central Canal, and said company, after the initiation of the rights aforesaid and uninterruptedly and with due diligence, forthwith proceeded to reconstruct, develop and complete the said Central Canal to a point about five miles northeast of the Town of Willows, and also built a large portion of the so-called River Branch Canal or lateral to a point about one-half mile south of the town of Princeton near the Sacramento River; that water was first diverted from Stony Creek into the system of the company in the month of June, 1905, and during that season and the following year, and up to the month of July, 1907, some 3,000 to 3,500 acres of the lands under the so-called River Branch Canal were irrigated by said waters; that the waters of the Sacramento River were first diverted into said system in the month of July, 1907 and thereafter the waters diverted from Stony Creek were intermingled with such Sacramento River waters in said canal and served as a supplemental supply therefor during the earlier weeks of the irrigation season;

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That the canal and irrigation system of said company, and water rights appertaining thereto, through mesne conveyances and the decrees of courts of competent jurisdiction, were transferred to and came under the control and ownership of the Glenn-Colusa Irrigation District immediately after its organization in 1920, and since that time have been operated and maintained by said District for the public use and purpose of supplying and distributing water for the irrigation of the lands thereof; that the said Central Canal and Irrigation Company through itself and its successors in interest, and the said Glenn-Colusa Irrigation District, since the month of July, 1907, have caused increasing amounts of water to be diverted from the Sacramento River and carried in said Canal to the lands of said District, and have caused said supply to be supplemented by way of the diversion of the waters on Stony Creek as aforesaid in amounts which have varied in accord with the conditions above described and in seasons when water was available from 6,500 acre-feet to a maximum of 20,315 acre-feet (occurring in 1917), with an average diversion for such seasons in round figures of about 10,000 acre-feet, diverted at rates which have run from 500 cubic feet per second for short periods down to rates corresponding with diminished stream flows above described; that by that means, with all due diligence and within a reasonable period from the time of the initiation of such rights as aforesaid, increasing areas of the lands of said district have been placed under irrigation until some

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[a blank, not filled in]........ acres of its irrigable area have been recently reclaimed and irrigated; that certain of the lands above referred to as under or served by the River Branch Canal and other lands within the territory served by said Central Canal have been segregated into a separate irrigation district since the year 1917, also known as the Jacinto Irrigation District, which, under its contractual relations with the Glenn-Colusa Irrigation District, is entitled to have diverted for its use, approximately one-tenth, but not to exceed 150 cubic feet per second, of the waters carried in the main canal of the last named district;

That the lands of the district for some time have been devoted in large part to the raising of rice, which is a crop requiring special methods of irrigation and larger quantities of water, although a smaller but considerable portion of said lands is farmed to general crops; that the type and character of crops on said lands change from year to year; that the water requirement for rice lands in the district is between 6 and 7 acre-feet per acre during each irrigation season and for general crops 3 acre-feet per acre, both measured at the land, with an allowable conveyance loss of not more than 25 per cent of the amount diverted into the system; that the waters of Stony Creek, being used as a supplemental supply and being mingled with the much larger amounts which are diverted from the Sacramento River, necessarily have been diverted for and applied to the lands of said district at a small quantity and rate per acre, and have been put to bene-

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ficial use to the extent to which they have been employed to make up the water requirements aforesaid, which under the proof has amounted to the varying quantities in acre-feet above stated, diverted into the Glenn-Colusa Canal during the early weeks of the irrigation season;

That all of the parties defendant named in the Appropriation Schedule in Article XXI of these findings divert water from Stony Creek and its tributaries for their lands at points shown in said Schedule above and upstream from the above described diversion point of the Glenn-Colusa Irrigation District; that those of said defendants whose dates of priority for the rights accredited them in said Schedule antedate the commencement of this suit against them by five years or more are hereby found, through themselves and their predecessors in interest, to have been in actual and continuous possession, use and enjoyment of the waters and water rights so accredited to them for a period of five years or more, under claim of right, openly, notoriously and peaceably and not clandestinely, uninterruptedly, and adversely and in hostility to, and in invasion of, any right or rights which may have been acquired by said Glenn-Colusa Irrigation District in or to the waters of Stony Creek and its tributaries by reason of the facts above recited, and adversely and in hostility to said district and its predecessors in interest, to the extent of the rights, diversions and uses accredited to such defendants in said Appropriation Schedule--of the di-

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version and use of said waters or any thereof by said district or its predecessors in interest;

That on the 24th day of September, 1907, the Central Canal and Irrigation Company, predecessor in interest of the Glenn-Colusa Irrigation District as aforesaid, entered into a contract with the United States whereby the use of the waters of Stony Creek and its tributaries by the parties to said contract as against each other were allocated and defined, and subjected to certain conditions and limitations; that the Glenn-Colusa Irrigation District, standing in the place of said company as the assignee of said contract and having assumed the obligations and being entitled to the benefits thereof, entered into a stipulation with plaintiff, now on file in this cause, wherein the contractual relations thus established were modified and restated as follows:

"It is hereby stipulated by and between the plaintiff herein and Defendant Glenn-Colusa Irrgation District, by and through, their solicitors in avoidance of all controversy, and as a settlement of the trial of all issues, as between said plaintiff and said defendant, arising in this suit or in relation to the agreement hereinafter named, or otherwise, that the Articles of Agreement entered into between the Central Canal and Irrigation Company, a corporation, and the United States, hearing date of September 24, 1907, and recorded on April 9th, 1908, in Liber 1 of Miscellaneous Records, page 525, Records of Tehama County; on April 24, 1908, in Book 1 of Contracts and Agreements, page 474, Records of Glenn County, the terms and conditions of which are now binding upon and have inured to the

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benefit of defendant, as assignee and successor in interest of said Central Canal and Irrigation Company, shall remain and be in full force and effect, saving only that the same shall be interpreted and modified in certain particulars as follows, and so interpreted and modified shall define and limit the mutual obligations and respective rights of and between plaintiff and defendant, their successors and assigns, to-wit:
(a) That the plaintiff shall be entitled to store all of the waters of Little Stony Creek and its tributaries up to but not exceeding 51,000 acre-feet during any seasonal year beginning October 1st, in the East Park Reservoir, or in such other -reservoir or reservoirs as may be constructed or acquired by plaintiff. Provided, however, that under and in pursuance of, and as provided and limited by the provisions of item (c) of this stipulation, said plaintiff may also store the said waters of Little Stony Creek in said reservoirs, to the extent that the same are available in excess of said 51,000 acre-feet so stored in any seasonal year.

(b) That plaintiff shall be entitled. to construct, operate and maintain diversion dams, with foundations of sheet piling or other water tight construction, including the so-called North and South Diversion Dams as they now exist, for the diversion of the surface and underground flow of Stony Creek to the lands of the Orland Project as now or hereinafter constituted, and shall have the right to divert thereby 265 cubic feet per second of the natural flow, both surface and underground, of said Stony Creek, and to distribute the same in such manner as plaintiff may elect.

(c) That plaintiff, in addition to the rights described in (a) and (b) above, shall further be entitled to construct operate and maintain

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reservoirs, and to store therein all the waters of Stony Creek and its tributaries during the months of October, November, December, January, and February of each year, and in other months of each year to store in said reservoirs such portions of said waters as are not reasonably required to be diverted from Stony Creek for the irrigation of the lands in, or that may come in said defendant district; that upon written notice from said defendant district, said plaintiff will discontinue the storage of water in such other months whenever said defendant district may reasonably require such water.

(d) Plaintiff shall be further entitled to store in its reservoirs in any season of the year, any portion of the said 265 cubic feet per second of natural flow not diverted into its distributing canals.

(e) Defendant is hereby recognized as entitled, as against plaintiff, to all the waters of Stony Creek and its tributaries and the right to divert and distribute to its lands all the waters thereof--saving and excepting the stored waters above mentioned--in excess of the 265 cubic feet per second of the natural flow aforesaid.

(f) Said plaintiff shall keep correct records of water flow and storage which records shall be open to defendant district at all times.

Conclusion of Law
That defendant Glenn-Colusa Irrigation District, subject to the conditions and limitations hereinafter set out and prescribed. is the owner of and has the right--as of the date of priority of November 14, 1904--to divert from Stony Creek at the point and in

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the manner described in the foregoing finding of fact, and to carry to and apply to beneficial use upon the lands of said district for the irrigation thereof [empty blank] ........acre-feet of water, or so much thereof as may be available at said point as described in said finding of fact, during each irrigation season, at a rate of diversion not exceeding [empty blank]............... cubic feet per second at any time during said season;

That said right, however, is subsequent in point of time as to its call upon the waters of the stream, and subject and inferior, to the right or rights of each of those certain of the defendants herein, as same are described in the Appropriation Schedule in Article XXI of these findings, whose dates or date of priority antedate by five years or more the date of the beginning of this suit against them, for the reason that such rights have been acquired and have become established by prescription, as against said defendant district and its rights, through adverse user for the statutory period;

That the mutual rights of plaintiff and said Glenn-Colusa Irrigation District in and to the waters of Stony Creek and its tributaries, as between themselves, are as defined in that certain stipulation between said parties on file herein and made a part of the foregoing finding of fact;

That defendant Glenn-Colusa Irrigation District, and its assignees and successors in interest, as against the parties plaintiff and defendant herein, or their rights as same may be determined and decreed herein,

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or any thereof, do not have or own and are forever debarred and estopped from claiming or asserting, for or on account of any or any part of the lands owned or represented by it as same may be described in its answer, proof or otherwise, any right, title or interest in or to any of the waters or use of any of the waters of Stony Creek or its tributaries, or in or to the use of any of said waters for any purpose, or for or on account of said lands or any lands, excepting only the right which may and will be decreed to them under and in pursuance of this Article of the findings.

[ .pdf Exhibit - "Plate I [color plate] - Map of Stony Creek Watershed and Adjacent Territory" ]

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