THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2001, Mike Barkley
An organized opposition to Reclamation's Black Butte water grab
[This is a transcription from a protest on file with the District Court,
and presumably with the SWRCB (SWRB). I've made every effort to present
the content precisely, but not the form.]
STATE OF CALIFORNIA - STATE WATER RIGHTS BOARD
1401 21st Street
P. O. Box 1592
Sacramento 7
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P R O T E S T
Applications 18115 and 19451
Stony Creek Water Users Association, an unincorporated association,
and the persons, firms, and corporations listed on Exhibit "A", who
are its members, using for this purpose the following address: c/o
Martin McDonough, Attorney at Law, 926 J Building, Sacramento 14,
California, have read carefully a copy of a notice relating to
Applications 18115 and 19451 of the U. S. Bureau of Reclamation to
appropriate from Stony Creek, tributary to Sacramento River, at the
proposed Black Butte Dam, located within the SW 1/4 of SE 1/4 of
Section 29, T 23 N, R 4 W, M.D.B.&M.
Each of the protestants listed in Exhibit "A" hereto owns land within
the counties, areas, and watershed of origin of Stony Creek, in Glenn,
Colusa and Lake Counties, and utilizes, or can utilise, water otherwise
tributary to the proposed Black Butte reservoir of the applicant. The
total acreage owned by protestants and benefited by their use or proposed
use of water exceeds 90,000. Each protestant listed in Exhibit "A"
has attached hereto, using for that purpose a protest form, a
statement of his present and proposed diversions, and the location of
his points of diversion, the nature of his use or proposed use, and the
amount of land benefited by such use.
It is desired to protest against the approval of Applications 18115 and
19451 because to the best of our information and belief the proposed
appropriation will result
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in injury to us as follows: By claiming, storing and transporting the
waters of Stony Creek for protestants' [?] use, and diverting such
waters to other areas below the proposed Black Butte Dam, both within
the watershed of Stony Cheek and of the Sacramento River and also
for use outside the watershed of the Sacramento River, all as proposed
in the said applications, the applicant would deprive protestants, whose
lands lie within the counties, areas, and watershed of origin of
such water, of the water needed for their reasonable and beneficial use,
for domestic, stockwatering, irrigation, and other purposes, and
for their development for such uses and purposes both at present and
for the future, contrary to the public interest of the State of
California. The assignment by the California Water Commission to
the applicant of Application 18115 contains language purporting to
protect the county of origin. Protestants desire that clear and definite
provision protecting the counties, areas and watershed of origin and the
inhabitants thereof and lands therein be placed in any permit issued on
Application 18115. Application 19451 contains no such protections for
the counties, areas, and watershed of origin, and protestants desire that
any permits issued thereon should be appropriately conditioned to provide
such protection.
Protestants claim a right to the use of water from the source from which
applicant proposes to divert, based upon the public policy and public
interest of the State of California and the statutes implementing
such public policy, and the decision of this Board, which require that
the reasonable needs of counties and areas of origin, upstream from
major resovoirs which have no other practicable or feasible supply,
be protected before water is exported to other areas.
The extent of present and past uses of water by each
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protestant except the Association from this source is shown on the
individual protest attachments, as mentioned above.
The existing and proposed diversion points of each protestant listed in
Exhibit "A" is also shown upon the individual protest attachments hereto.
This protest may be disregarded and dismissed if protestants receive
assurances satisfactory to them that they will be able to divert waters
sufficient for their reasonable present and future needs.
A true copy of this protest has been served upon the applicant by mail.
Date: July 26, 1961.
Stony Creek Water Users Association and
the Individual Protestants listed on
Exhibit "A" hereto.
By [rubber stamp] Martin McDonough
MARTIN McDONOUGH
926 J Building
Sacramento 14, California
of McDONOUGH, HOLLAND, SCHWARTZ, ALLEN
& WAHRHAFTIG
Attorneys for Protestants.
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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