THE STONY CREEK WATER WARS - Preliminary Injunction & appointment of water comissioner

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
Preliminary Injunction & Appointment of Water Comissioner

[A transcription of the document on file in the Angle Archives

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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No. 30 - Eq
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IN THE NORTHERN DIVISION
OF THE
DISTRICT COURT OF THE UNITED STATES
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
_________ Division

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THE UNITED STATES OF AMERICA,

vs.

H.C. ANGLE, et al.,

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Prelim. Injunction and Appt.
of Water Commr.

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FILED
At ____ o'clock and ____ Min ____ M
JUN 10 1918
Walter B. Maling, Clerk
By Thomas J. Franklin, Deputy - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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IN THE DISTRICT COURT OF THE UNITED STATES

IN AND FOR THE NORTHERN DIVISION OF

THE NORTHERN DISTRICT OF CALIFORNIA
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THE UNITED STATES OF AMERICA,

Plaintiff,

vs.

H.C. ANGLE, A.M. ANDERSON, A.C. BAYLEY, L. BEDFORD, JOHN BEDFORD, M.G. BEDFORD, R.E. BLEVINS, I.L. FEIGHTNER, W.W. GATLIFF, IRA GREEN, AUG. GOLLNICK, LEONARD W. GOLLNICK, JAMES HARMON, REUBEN HARTMAN, VOLNEY HAYTON, G. [sic] A. HINELINE, CHAS. JAEGER, JOHN JOHANSEN, JOHN JOHANSEN, JR., J.E. KNIGHT, J.F. MALLON, G.W. MARKHAM, PRESTON MORRIS, WM. NIESEN, JAMES O’BRIEN, S.A. RALSTON, RAY SHIVELY, E.E. SMITH, JOHN H. SOETH, GEO. SOETH, FRED E. STRAWN, A.J. TRIPLETT, ABE L. TRIPLETT, FRANK TROXEL, F.W. TROXEL, LLOYD TROXEL, I.E. TRUE, J. VAN SCYOC, A.P. WAKEFIELD,

Defendants.

PRELIMINARY INJUNCTION
AND APPOINTMENT AND
AUTHORIZATION OF A WATER
COMMISSIONER DURING
PENDENCY OF CAUSE.

Now on this day this cause came on to be heard upon the complaint of plaintiff and petition therein for a temporary or preliminary injunction and for the appointment and authorization of a water commissioner to act during the pendancy of this cause, and it appearing to the court that its order, isued herein on the 21st day of May 1918, setting down for hearing plaintiff's said petition, has been and was duly served upon each and all of said defendants by certified and attested copy, and that a copy of the complaint was also furnished each and all of said defendants with such attested copy of said order, and that defendants and each of them were thereby given sufficient noitice of this hearing in accord with said order; and it further appearing that the following named defendants and each of them failed to appear and resist said

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petition to-wit: H.C. Angle, Ira Green, Reuben Hartman, Volney Hayton, Charles Jaeger, Ray Shively and J. Van Scyoc, and that the other and remaining defendants appeared personally or by counsel, and submitted affidavits or other proof in resistance of such petition; and the court having duly read and considered the verified complaint and petition of plaintiff and the showing and proof of such of defendants as have appeared herein, and being duly advised in the premises and satisfied that a preliminary injunction should issue and a water commissioner be appointed and authorized to act as prayed for in the complaint,

NOW THEREFORE, in consideration of the premises and of the particular matters in said complaint and petition set forth

IT IS ORDERED, ADJUDGED AND DECREED that defendants H.C. ANGLE, A.M. ANDERSON, A.C. BAYLEY, L. BEDFORD, JOHN BEDFORD, M.G. BEDFORD, R.E. BLEVINS, I.L. FEIGHTNER, W.W. GATLIFF, IRA GREEN, AUG. GOLLNICK, LEONARD W. GOLLNICK, JAMES HARMON, REUBEN HARTMAN, VOLNEY HAYTON, C.A. HINELINE, CHAS. JAEGER, JOHN JOHANSEN, JOHN JOHANSEN, JR., J.E. KNIGHT, J.F. MALLON, G.W. MARKHAM, PRESTON MORRIS, WM. NIESEN, JAMES O’BRIEN, S.A. RALSTON, RAY SHIVELY, E.E. SMITH, JOHN H. SOETH, GEO. SOETH, FRED E. STRAWN, A.J. TRIPLETT, ABE L. TRIPLETT, FRANK TROXEL, F.W. TROXEL, LLOYD TROXEL, I.E. TRUE, J. VAN SCYOC, A.P. WAKEFIELD, and each and all of them and all persons acting under their direction, or control, their agents, attorneys, employees and servants, and those in privity with them be and they and each and all of them are hereby restrained and enjoined, during the pendency of this cause, or until this court shall otherwise order, from in any manner diverting, using or wasting any of the water flowing in the channels of Little Stony Creek or Stony Creek

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which may be hereafter released into said channels by plaintiff from the East Park reservoir of the Orland project, the same is now or may be stored in said reservoir, or from in any manner impeding or preventing said water or any part thereof from being conveyed down and by means of the said channels of Little Stony and Stony Creeks to the South North Diversion Dams of the Orland project, or from in any manner interfering therewith; and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that E.T. Eriksen of the town of Orland, County of Glenn, State of California, it being found by the court that he is duly qualified, be appointed, and he is hereby appointed, and authorized to act under the direction of this court as a commissioner thereof, to be designated as water commissioner, and that said commissioner is hereby directed, ordered authorized and empowered to make frequent measurements of the natural flow in Stony Creek above the highest diversion of defendants, and of the natural flow of Little Stony Creek and Indian Creek above the points where they empty into said East Park reservoir, and to apportion said natural flow to said defendants by rotation or otherwise to the end that they and each of them shall have a proper share thereof for their irrigated lands at times when needed to the extent made possible by drafts from such natural flow, and said commissioner is further directed, ordered, empowered and authorized to thereafter regulate said ditches so that diversions thereof from the natural flow of Stony Creek shall keep pace with said natural flow as the same may decrease, increase or continue throughout the current irrigation season, to the end that at all times during said season he shall cause said ditches and each of them to divert only from the natural flow of said Stony Creek, taking into account also the natural

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flow of Little Stony Creek and Indian Creek as measured as above provided, and not to divert any of the stored water which is passing the intakes of said ditches, and that the stored water released from said reservoir can and shall be carried down the channels of Little Stony and Stony Creeks to said North and South Diversion Dams of the Orland project without subtraction therefrom or loss thereof, except losses from seepage and evaporation which said commissioner shall measure and estimate and take into account and allow therefor; and said commissioner is further directed, ordered, empowered and authorized to so regulate, in similar manner and to the same effect and purpose, the said diversions of defendants and uses of water by them during ensuing irrigation seasons while this suit is pending, or until the further order of this court; and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that said commissioner shall receive as compensation for the service performed in accord with the terms of this order such sum as shall he agreed upon between himself and plaintiff, not exceeding the sum of seven ($7.00) Dollars per day when actually employed, with actual cost of subsistence when away from Orland, not exceeding $4.00 per day, and necessary cost of travel in that relation; that he shall forthwith file with the clerk of this court his oath of office as an officer aad commissioner thereof, together with a statement of the compensation to be paid him as aforesaid, and shall report his actions to the court in the premises on the 1st day of each month during each irrigation season, or at more frequent periods as may seem to him expededient or as the court may direct; and that the above named defendants aud each and all of them and all

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persons acting under their direction or control, their agents, attorneys, employees and servants, and those in privity with them, be and they and each and all of them are hereby restrained and enjoined from interfering with the headgates, diversion works, dams or weirs or ditches of any of said defendants, or with the amount of water flowing therein, as the same shall be regulated by said commissioner as herein provided, and that this order shall be without prejudice to any rights which any party hereto may hereafter establish.

Dated at Sacramento,
California, this tenth
day of, June, 1918

/s/ Wm. C. Van Fleet
---------------------------------------
Judge.

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