THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
Answer to Petition for Dismissal by Glenn-Colusa Irrigation District
[A transcription of the document on file in the Angle Archives
Crucial because it shows the filing that caused the court to reject
the Government's efforts to dismiss downstream riparian and underflow users.
In straight text without elaborate formatting. Any
editorial comments by me are contained within brackets, "[]", which you
may delete easily after downloading the "page source" to your own editing
software if your browser allows source downloading. ]
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[Blue cover:]
In Equity No. 30.
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IN THE NORTHERN DIVISION OF THE DISTRICT COURT OF THE UNITED STATES,
FOR THE NORTHERN DISTRICT OF CALIFORNIA, SECOND DIVISION
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THE UNITED STATES OF AMERICA,
Plaintiff,
-vs-
H. C. ANGLE, et al.,
Defendants.
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ANSWER TO PETITION FOR DISMISSAL BY GLENN-COLUSA IRRIGATION DISTRICT
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FILED June 20, 1922
Walter B. Maling, Clerk
By Thomas J. Franklin
Dep Clerk
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ATTORNEYS AND SOLICITORS
HANKINS & HANKINS
ATTORNEYS AT LAW
918 PACIFIC BUILDING
SANFRANCISCO, CAL.
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IN THE NORTHERN DIVISION OF THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SECOND DIVISION
THE UNITED STATES OF AMERICA,
Plaintiff,
vs.
H. C. ANGLE, et al.,
Defendants.
IN EQUITY
No. 30
ANSWER TO PETITION FOR DISMISSAL BY GLENN-COLUSA IRRIGATION DISTRICT
Now comes the Glenn-Colusa Irrigation District, a public
corporation, organized and existing under the laws of the State
of California, and as the successor in interest of Sacramento
Valley West Side Canal Co. and Sacramento Valley Irrigation Co.,
a corporation, and answering the plaintiff's petition for dismissal
as to certain defendants, for setting down of the cause for
trial, and as to related mattes, files its objections thereto,
as follows:
I.
This defendant objects to its dismissal as a party defendant
in the foregoing action for the reason that its claim to
certain interests and rights to certain waters of Stony Creek as
against the United States is based upon a certain contract referred
to and described in its answer on file herein.
II.
That this defendant objects to the dismissal of any of the
so called lower river parties, as such dismissal would mean the
commencement and maintenance of new actions as between the parties
it involved, and would mean a multiplicity of actions concerning
the same subject matter.
1.
III
That it would be to the benefit of all parties concerned
to have a complete adjudication of all rights to water in Stony
Creek adjudicated in this action.
IV.
That it would be to the interest of said plaintiff to
obtain an adjudication of all rights on Stony Creek, in that this
defendant and its predecessors in interest were among the first
appropriators of water of said Stony Creek, and that the rights
assigned to said plaintiff, under and by virtue of said agreement
between said plaintiff and the predecessors in interest of this
defendant, are of great value and entitle the said plaintiff to
superior rights over other appropriators.
WHEREFORE, this defendant prays that plaintiff's said
motion to dismiss said action as to certain defendants be denied
and for such further order and relief as may be proper in the
premises,
HANKINS & HANKINS
BY [illegible]
Attorneys and Solicitors for
Glenn-Colusa Irrigation District.
2.
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Return to Stony Creek Water Wars.
--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com