THE STONY CREEK WATER WARS - Orland Unit Water Users Association offers to pay all the Water Master Costs

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2001, Mike Barkley
Orland Unit Water Users Association offers to pay all the Water Master Costs [which is only fair since they are the beneficiary of the Decree.]

[This is a transcription of a letter on file at the court. I've made every effort to present the content precisely, but not the form.]

[printed stationery]
CLYDE H. LARIMEFR
CHARLES H. FROST

LAW OFFICES
of
LARIMER & FROST
WILLOWS. CALIFORNIA

PROFESSIONAL BUILDING
134 W. SYCAMORE ST.
WELLINGTON 4-5416 [end of pre-printed]

November 29, 1963

Honorable Sherrill Halbert
United States District Judge
2008 U. S. Courthouse
650 Capitol Avenue
Sacramento 14, California

Re: Equity No. 30, U. S. vs. Angle, et al.-- Orland Unit Water Users' Association

Dear Judge Halbert:

At a meeting on November 26th, 1963, the Board of Directors of Orland Unit Water Users' Association referred to me, as their counsel, your letter of November 22nd, requesting that I reply in their behalf.

It is true that for many years the Association has felt that, through its regular employees, the duties of Water Master under the Angle decree could be taken over by the Association at such time as Mr. Garland might retire. The matter has been discussed on several occasions with Mr. Woodward and Mr. Robb.

Our thoughts are encompassed in the following proposal:

1. The Manager of Orland Unit Water Users' Association would be appointed Water Master under the Angle decree. The duties of the Water Master as directed by the Court, would actually be carried out by employees of the Association (probably the Reservoir Water Master at East Park and Stony Gorge Reservoirs) under the supervision of the Manager.

2. Present landowners and water users affected by the Angle decree would be relieved of the payment of annual assessments to meet the Water Master's salary as fixed by the Court. All of the expenses incident to having its regular employees take over the duties of Water Master would be absorbed by the Association.

Honorable Sherrill Halbert, Page 2 November 29, 1963

3. An annual report would be filed by the Manager of the Association as Water Master under the Angle decree with the Clerk of the U. S. District Court in Sacramento summarizing his activities for the previous year.

4. The Board of Directors of the Association at any of its regular meetings would entertain the hearing of water users' complaints, suggestions, and criticisms of the operation of the water apportionment system by the Water Master, and attempt to resolve any differences between such water users and the Water Master. The right of any aggrieved water user for recourse by way of petition to the Court would, naturally, be preserved.

5. The proposal could be attempted on a trial basis for one or two years. If found to be unsatisfactory or in need of change, the Court would always retain continuing jurisdiction.

We sincerely believe that the foregoing proposal would be to the advantage of everyone concerned for the following reasons:

1. The Clerk of the Court would be relieved of his present onerous task of acting as a "collection agency" in making annual collections of assessments from approximatly seventy-five landowners.

2. The present land owners and water users would be relieved from the payment of any assessments or charges for the Water Master's salary.

3. The Association's expenses in this same regard would be reduced, since the duties of the Water Master can largely be taken over by the Association's regular employees. In itself, it is not a full time job.

4. Through the Board of Directors of the Association, minor grievances can undoubtedly be mediated, compromised, and adjusted without bother, trouble or concern to the Court, the Clerk, or the United States Attorney.

5. Under the provisions of a contract recently executed between the Bureau of Reclamation and the Association, the use of stored water on an exchange basis between the recently completed Black Butte Project of the Bureau and the Corps of Engineers, and the East Park and Stony Gorge Reservoirs of the Association is contemplated. The administration of that

Honorable Sherrill Halbert Page 3 November 29, 1963

operational plan can be facilitated if it is coordinated, under a single agency, with all the adjudicated water rights in the entire Stony Creek watershed under the Angle decree.

The Manager of the Association and I would be pleased to come to Sacramento at any time which would meet with the convenience of yourself, the Assistant U. S. District Attorney, and the Clerk, in order to discuss details of the matter. We are indeed appreciative of the opportunity which you have afforded us to present this proposal.

Because of his direct concern, I am forwarding copies of your letter and this letter to R. J. Pafford, Jr., Regional Director, Bureau of Reclamation, Region 2, Sacramento.

Yours sincerely,

/s/ Charles H. Frost

CHARLES H. FROST

CHF:cw

cc: Mr. R. J. Pafford, Jr., Bureau of Reclamation
Orland Unit Water Users' Association - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Return to Stony Creek Water Wars.

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