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.]

1401 21st Street
P. O. Box 1592
Sacramento 7


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


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


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
926 J Building
Sacramento 14, California

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