THE STONY CREEK WATER WARS - The Settlement of the Findings - THE ANGLE DECREE

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2001, Mike Barkley
The Settlement of the Findings - September 28, 1929

[ The 1928 published and distributed Decree Book was a draft. The decree portion was reprinted separately with changes after the January 13, 1930 signing. The Settlement of the Findings bridged the draft and the final.

This is a straight transcription because my OCR program did poorly with the faded pages. Consult the original if your need is critical. I've made every effort to present the content precisely, but not the form. If you find mistakes, please point them out. Do not accept legal descriptions of land without question.]

THE SETTLEMENT OF THE FINDINGS
AMENDMENTS MADE IN PRINTED FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND SUGGESTED DECREE
[ 09/18/29 ]
1. IN FINDINGS OF FACT AND CONCLUSIONS OF LAW

Art. II, p. 8, 2nd line from bottom:-
Substitute "4" for "3".

Art. II, p. 9, 4th line on page:-
Add "Laura Bell Griffith" after name of Emma Retzloff.

Art. II, p. 9, 1st line of Conclusion of Law:-
Substitute "18" for "17".

Art. IV, p. 11, 1st line of Finding of Fact:-
Substitute "598" for "596".

Art. XIV, p. 42, 1st line of Finding of Fact:-
Substitute "252" for "256".

Art. XIV. pp. 101- 102:-
Eliminate Items 232, 233 [assume 233, the end "3" has been blackened out], 234, and 235, and change numbers of subsequent items accordingly to end of tabulation on page 107.

Art. XIV, p. 107, 1st line of Conclusion of Law:-
Substitute "252" for "256".

Art. XIV, p. 108, last line of Conclusion of Law:-
Substitute "251" for "255".

[bottom of page] -1-
Art. XIV, p. 108, 1st line of Finding of Fact:-
Substitute "63" for "64"

Art. XV, page 122:-
Eliminate Item 52, and change numbers of subsequent items accordingly to end of tabulation on page 124.

Art. XV, p. 124, 1st line of Conclusion of Law:-
Substitute "63" for "64".

Art. XVII, p. 134, last line on page:-
Substitute "119" for "113".

Art. XVII, p. 135, 28th line on page:'
Introduce "Laura Bell Griffith" after name of S. N. Green.

Art. XVII, p. 136, 21st line on page:-
Introduce following after name W. H. Stites: "Stonyford Catholic Church (in pursuance of the petition of plaintiff duly made herein and order of court thereon, the order pro confesso of May 20, 1922 was vacated as to this defendant, and the testimony and evidence contingently permitted to be adduced in its behalf and written into the transcript, together with such other testimony and evidence in the record of the cause as might be applicable, was by said order, and in so far as otherwise competent, relevant and material, hold to be validly offered proof under answer in the cause and part of the record thereof):"

Art. XVII, p. 136, 22nd line on page:-
Introduce following after name of C.E. Studybaker: "B (Bruce). H. Sutliff, Ellis A. Sutliff, Emily A. Sutliff, G (George). W. Sutliff (in pursuance of the petition, duly made herein, of said defendants Sutliff and Laura Bell Griffith above named, and by order of court thereon, the order pro confesso of May 20, 1922, affecting said defendants Sutliff was vacated as to them, the answer offered with said

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petition was permitted to be filed, and the testimony and evidence theretofore contingently permitted to be adduced in their behalf and written into the transcript, together with such other testimony and evidence in the record of the cause as might be applicable, was by said order and in so far as otherwise competent, relevant and material, held to be validly offered proof under answer in the cause and part of the record thereof):"

Art. XIX, p. 141:-
Eliminate name of Marguerite Williams Welch and data given thereunder, viz: last six lines on page.

Art. XIX, pp. 141-142:-
Add following after J. S. Sale material: "That, however, by way of a stipulation between plaintiff and defendant L. Huffmaster above named - duly entered into and filed herein and in text as given below - provision has been made for certain limited uses by said defendant as against plaintiff to-wit:

It is hereby stipulated between plaintiff and L. Huffmaster, a defendant in this cause, through their respective solicitors, that said defendant, as against plaintiff and its rights to water as decreed herein, shall have the right and privilege of using the waters of the tributaries of Indian Creek where same border upon or traverse his lands situate in the County of Colusa, State of California, and described as follows:

NW 1/4 SE 1/4 Sec. 17, Twp. 16 N., R. 5 W. NE 1/4 SE 1/4 " " " " " " " " SE 1/4 NE 1/4 " " " " " " " " W 1/2 SW 1/4 Sec. 9, " " " " " " E 1/2 NE 1/4 Sec. 8, " " " " " "

for ordinary domestic purposes and for the watering of such of his stock as are or may be kept or pastured on said land and for no other purposes; it being the understanding and agreement of plaintiff and said defendant herein that such water shall be so used by allowing the said stock to drink from the stream or streams themselves, or from customary troughs or receptacles of similar capacity, in or in the immediate vicinity of said stream or streams and not otherwise; that the number of stock so accommodated and watered in any calendar year shall not exceed a total of 250 animals, where horses or cattle are involved, and shall not exceed a total

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of 1500 animals if sheep or hogs are maintained; and in the event of the maintenance of sheep or hogs in conjunction with the other stock above named upon said lands, that the total number of animals so maintained and watered from said streams shall be limited to one of the alternative figures aforesaid, 6 sheep or hogs, or sheep and hogs, being equivalent to one head of other stock in that relation."

Art. XIX, p. 143, 16th line on page:-
Substitute semi colon for period after "otherwise," and add the following: "subject, however, to the terms of the stipulation between plaintiff and defendant L. Huffmaster described in the foregoing Finding of Fact."

Art. XXI, p. 159 (Appropriation Schedule):-
Introduce in their appropriate columns across the page, under the next to the Geo. W. Lewis and Frank W. Lewis' material, names, figures and data set down in Exhibit A herewith.

Art. XXI, p. 167 (Appropriation Schedule):-
Introduce in their appropriate columns across the page, under the next to the Mary O'Leary material, names, figures and data set down respectively in Exhibit B and C herewith.

Art. XXI, p. 170 (Index - Appropriation Schedule):-
Add the following after name and priority date of Green, S.N.:

(Name) (Date of Priority) Griffith, Laura Bell )June 10, 1885 )Ap'l.15, 1911

Add the following after names and priority date of Stites, W. H.:

(Name) (Date of Priority) Stonyford Catholic Church Ap'l. 15, 1911

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Add the following after name and priority date of Studybaker, C.E.:

(Name) (Date of Priority) Sutliff, B. (Bruce). H. ) Sutliff, Ellis A. ) June 10, 1885 Sutliff, Emily (A.) ) Ap'l. 15, 1911 Sutliff, G (George). W. )

Art. XXIII, p. 257 (Riparian Schedule):-
Introduce in their appropriate columns across the page; under and next to the Rufus G. Stites material, name, figures and data set down in Exhibit D herewith.

Art XXIV, p. 267, first line on page:-
Introduce "90,000" in blank space.

ART. XXIV, p. 272, third line on page:-
Introduce "20,315" in blank space.

Art. XXIV, p. 272, seventh line on page:-
Introduce "500" in blank space.

2. IN DECREE

Title of Cause, p. 3, eight line on page:-
Introduce "Laura Bell Griffith" after name of W. H. Griffin.

Art. 11, p. 7, last line on page:-
Introduce "H. R. Stewart" after name of S. M. Silver.

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Art. IV, pp. 86-87:-
Eliminate items 232, 233, 234 and 235 and change numbers of subsequent items accordingly to end of Schedule C on page 92.

Art. IV, p. 104:-
Eliminate item 52 and change number of subsequent items accordingly to end of Schedule D on page 106.

Art. V. p. 116:-
Eliminate name of Marguerita Williams Welch and data given thereunder, viz: last six lines printed on page.

Art. V. p. 116:-
Add following after J.S. Sale material: "That however, by way of a stipulation between plaintiff and defendant L. Huffmaster above named- duly entered into and filed herein and in text as given below- provision has been made for certain limited uses by said defendant as against plaintiff to-wit:

It is hereby stipulated between plaintiff and L. Huffmaster, a defendant in this cause, through their respective solicitors, that said defendant, as against plaintiff and its rights to water as decreed herein, shall have the right and privilege of using the water of the tributaries of Indian Creek where same border upon or traverse his lands, situate in the County of Colusa, State of California, and described as follows:

NW 1/4 SE 1/4 Sec. 17, Twp. 16 N., R. 5 W. NE 1/4 SE 1/4 " " " " " " " " SE 1/4 NE 1/4 " " " " " " " " W 1/2 SW 1/4 Sec. 9, " " " " " " E 1/2 NE 1/4 Sec. 8, " " " " " "

for ordinary domestic purposes and for the watering of such of his stock as are or may be kept or pastured on said land and for no other purposes; it being the understanding and ggreement [sic] of plaintiff and said defendant herein that such water shall be so used by allowing the said stock to drink from the stream or streams themselves, or from customary troughs or receptacles of similar capacity, in or in the immediate vicinity of said stream or streams and not otherwise; that the number of stock so accommodated and watered in any calendar year shall not exceed a total of 250 animals, where horses or cattle are involved, and shall not exceed a total of 1500 animals if sheep or hogs are maintained; and in the

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event of the maintenance of sheep or hogs in conjunction with the other stock above named upon said lands, that the total number of animals so maintained and watered from said streams shall be limited to one of the alternative figures aforesaid, 6 sheep or hogs, or sheep and hogs, being equivalent to one head of other stock in that relation."

Art. VI. p. 117, 20th line on page:-
Add following after the word decree: "Subject, however, to the uses as against plaintiff by defendant L. Huffmaster defined in the stipulation set out at the end of Article V supra."

Art. VII, p. 124 (Appropriation Schedule):*- [sic, asterisk]
Introduce in their appropriate columns across the page, under and next to the Geo. W. Lewis and Frank W. Lewis' material, names, figures and data set down in Exhibit A herewith.

Art. VII, p. 132 (Appropriation Schedule():- [sic, parens]
Introduce in their appropriate columns across the page, under and next to the Mary O'Leary material, names figures and data set down respectively in Exhibits B and C herewith.

Art. VII, p. 135 (Index - Appropriation Schedule):-
Add the following after name and priority date of Green, S. N.:

(Name) (Date of Priority) Griffith, Laura Bell )June 10, 1885 )Ap'l. 15, 1911

Add the following after names and priority date of Stites, W. H.:

(Name) (Date of Priority) Stonyford Catholic Church Ap'l. 15, 1911

Add the following after name and priority date of Studybaker, C.N. [sic]:

(Name) (Date of Priority)

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Sutliff, B. (Bruce). H. ) Sutliff, Ellis A. ) June 10, 1885 Sutliff, Emily (A.) ) Ap'l. 15, 1911 Sutliff, G (George). W. )

Art. XII, p. 165 (Riparian Schedule):-
Introduce in their appropriate columns across the page, under and next to the Rufus G. Stites material, name, figures and data set down in Exhibit D herewith.

Art. XIV, p. 169, second line on page:-
Introduce "20,315" in blank space.

Art. XIV, p. 169, sixth line on page:-
Introduce "500" in blank space.

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EXHIBIT A

No. CLAIMANT Laura Bell Griffith B (Bruce). N. Sutliff Ellis A. Sutliff Emily (A) Sutliff G. (George) W. Sutliff DATE OF PRIORITY June 10, 1885 NAME OF STREAM Main Stream Big Stony Creek (Stony Cr. & Big Stony Cr., latter being main stream above junction with Little Stony Cr.) Tributary DITCH (Or Pump and Ditch) Sutliff POINT OF DIVERSION Side of Stream Left Location (Referred to Mt.Diablo Base and Meridian) 1/4 of 1/4 NW NW Sec. 31 T. N. 18 R. W. 6 LAND FOR WHICH RIGHT ACQUIRED Acres Total 28.0:30.0:30.0:32.0 Location 120.0 : : : (Referred to Mt. Diablo Base and Meridian 1/4 of 1/4 NE NW: NW NW: SW NW: SE NW Sec. 29 : 29 : 29 : 29 T. N. 18 : 18 : 18 : 18 R. W. 6 : 6 : 6 : 6 County Glenn REQUIREMENT AT LAND For Irrigation Season In Acre Feet Per Acre 4.0 CONVEYANCE LOSS In Per Cent of Diversion 20 DIVERSION RIGHT For Irrigation Season In Acre Feet Per Acre 5.0 Total 600 For Month of Maximum Use Acre Feet Per Acre 1.25 Flow in Cubic Feet per Second Per Acre 1/49 Total 2.45

EXHIBIT B

No. CLAIMANT Stonyford Catholic Church DATE OF PRIORITY Ap'l. 15, 1911 NAME OF STREAM Main Stream Big Stony Creek (Stony Cr. & Big Stony Cr., latter being main stream above junction with Little Stony Cr.) Tributary DITCH (Or Pump and Ditch) Kesselring POINT OF DIVERSION Side of Stream Right Location (Referred to Mt.Diablo Base and Meridian) 1/4 of 1/4 NW NE Sec. 31 T. N. 18 R. W. 6 LAND FOR WHICH RIGHT ACQUIRED Acres 1.6 Location (Referred to Mt. Diablo Base and Meridian 1/4 of 1/4 NE NE Sec. 32 T.N. 18 R.W. 6 County Colusa REQUIREMENT AT LAND For Irrigation Season In Acre Feet Per Acre 3.0 CONVEYANCE LOSS In Per Cent of Diversion 20 DIVERSION RIGHT For Irrigation Season In Acre Feet Per Acre 3.75 Total 6 For Month of Maximum Use Acre Feet Per Acre 0.74 Flow in Cubic Feet per Second Per Acre 1/65 Total .02

EXHIBIT C

No. CLAIMANT Laura Bell Griffith B (Bruce). H. [sic] Sutliff Ellis A. Sutliff Emily (A) Sutliff G. (George) W. Sutliff DATE OF PRIORITY Ap'l. 15, 1911. NAME OF STREAM Main Stream Big Stony Creek (Stony Cr. & Big Stony Cr., latter being main stream above junction with Little Stony Cr.) Tributary DITCH (Or Pump and Ditch) Sutliff POINT OF DIVERSION Side of Stream Left Location (Referred to Mt.Diablo Base and Meridian) 1/4 of 1/4 NW NW Sec. 31 T. N. 18 R. W. 6 LAND FOR WHICH RIGHT ACQUIRED Acres 100.0 Total 10.0: 10.0: 25.0: 20.0: 25.0: 5.0: 5.0 Location : : : : : : (Referred to Mt. Diablo : : : : : : Base and Meridian : : : : : : 1/4 of 1/4 NE NE:SW NE:SE NE:NE SE:NW SE:SW SE:SE SE Sec. 30 : 30 : 30 : 30 : 30 : 30 : 30 T. N. 18 : 18 : 18 : 18 : 18 : 18 : 18 R. W. 6 : 6 : 6 : 6 : 6 : 6 : 6 County G l e n n C o l u s a REQUIREMENT AT LAND For Irrigation Season In Acre Feet Per Acre 4.0 CONVEYANCE LOSS In Per Cent of Diversion 20 DIVERSION RIGHT For Irrigation Season In Acre Feet Per Acre 5.0 Total 500 For Month of Maximum Use Acre Feet Per Acre 1.25 Flow in Cubic Feet per Second Per Acre 1/49 Total 2.04

EXHIBIT D

No. CLAIMANT Marguerita Williams Welch DATE WHEN SUED Ap'l. 3, 1919 DESCRIPTION OF LAND Irrigable acreage Irrigated Not irrigated 9.0 Location (Referred to Mt.Diablo Base and Meridian) 1/4 of 1/4 NE SE Sec. 35 T.N. 18 R.W. 7 County Colusa ACQUISITION FROM THE UNITED STATES Dec. 29, 1890 REQUIREMENT AT LAND For Irrigation Season In Acre Feet Per Acre 3.0 ALLOWABLE CONVEYANCE LOSS In Per Cent of Diversion 00 REQUIREMENT AT DIVERSION For Irrigation Season In Acre Feet Per Acre 3.0 For Month of Maximum Use Acre Feet Per Acre 0.75 Flow in Cubic Feet per Second per Acre 1/80

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Return to Stony Creek Water Wars.

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