THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley


I. ----- The North Fork Stony Creek Story [revise this]
II. ---- Lying in wait: HOMESTEADERS vs. THE UNITED STATES BUREAU OF RECLAMATION; How the USA went after water rights of the small farmers whom it had enticed to settle western lands
III. --- MISREPRESENTATIONS AND MISTAKES in the Orland Project -- U.S. Reclamation Service attempts for a cover up lead to the Angle Decree.
IV. --- THE ANGLE DECREE:
V. ---- Some of the aftermath of the Decree
VI. --- RELATED CASES
VII. -- DIVERSION LIMITS IN THE DECREE and EXCESS DIVERSIONS BY PLAINTIFF UNITED STATES OF AMERICA
VIII. - WHERE HAVE ALL THE FISH GONE?
IX. --- Uh, what do I do if there is an EARTHQUAKE?
X. ---- More aftermath of the Decree
XI. --- Links
XII. -- ALTERNATIVES [revise this]
XIII.-- Sources not exactly elsewhere on the web
XIV. - Forces that led to the decline of the Upper Stony Creek Watershed (for which the Angle Decree was the final nail)
XV. -- Lying, Cheating & Stealing - Misplaced faith in our government?



I. - Worse Than Owens River: The North Fork Stony Creek Story [revise this]

II. - HOMESTEADERS vs. THE UNITED STATES BUREAU OF RECLAMATION:
Through its use of homestead acts, the U.S. encouraged settlement in and cultivation of irrigable and other lands throughout the west. Pioneers endured great hardships and isolation to settle these lands, and generally made a go of it, and after building ranches and farms and communities, along came the the United States and through its "Reclamation Service" arm, authorized by the Reclamation Act of 1902, shouldered its way into mature, irrigated watersheds and took what it wanted, in each case suing some 600 or so irrigators in such a fashion that none could afford to mount a comprehensive defense, and eventually lost most rights that they had. Remember that these were the days before photocopiers, computers, and, in the case of the upper Stony Creek watershed before 1939, electricity, or west of Orland before the late 1950s, paved roads; the Angle archives amount to 30,000-40,000 pages and to mount a watershed-wide defense, all that had to be cataloged, indexed, reproduced, and copies of relevant proceedings served on everyone which usually meant typesetting; the USA could afford full time attorneys for 12 years and typists and typesetters and so on, but no one else could, and anyone fighting the seizures in any way had to post fees for the Special Master and the Court Reporter in advance. There are at least 3 such instances mentioned in the Angle record:

But California was different because California's Supreme Court regarded riparian rights as property rights, rights that could be taken only through proper exercise of eminent domain and not by mere seizure. Every time efforts were made to eliminate riparian rights, the California Supreme Court stood up for the owners of those rights. How to get around that? The answer: Fraud on the Court. It wasn't enough that USA had an inequitable balance of parties, in California the USA had to deceive the judge to make it work, see Fraud on the Court section IV.H. below.

III. - MISREPRESENTATIONS AND MISTAKES in the Orland Project -- U.S. Reclamation Service attempts for a cover up lead to the Angle Decree. IV. - THE ANGLE DECREE: V. - Some of the aftermath: VI. - RELATED CASES: VII. - DIVERSION LIMITS IN THE DECREE and EXCESS DIVERSIONS BY PLAINTIFF UNITED STATES OF AMERICA - contrasting surface flow diversions allowed by the decree with the huge excesses actually taken by the United States of America ; Proofs, findings, and Decree limiting USA to 4.05 acre-feet per acre of Project lands (no other lands) actually irrigated : VIII. - WHERE HAVE ALL THE FISH GONE? IX. - Uh, what do I do if there is an EARTHQUAKE? - Collected references to the seismic vulnerability of the Federal Dams on Stony Creek.

X. - More aftermath of the Decree: XI. - Links: XII. - ALTERNATIVES [revise this]:


XIII. - Because they're not exactly elsewhere on the web: XIV. - Forces that led to the decline of the Upper Stony Creek Watershed (for which the Angle Decree was the final nail)

XV. - Lying, Cheating & Stealing - Misplaced faith in our government? For most governments in the world, lying, cheating & stealing is a way of life and is expected by the population. Government in the USA is a different sort of animal : from a very early age in this country we are instilled with the virtues of our system through the study of civics, U.S. history, political science, and even the study of law, as well as through the daily recital of the pledge of allegiance, the singing of patriotic songs, and so on. Thus to those of us in this country, it is almost always a surprise when our government behaves as it has in the Angle case. Is it our fault? Were we so gullible? What is the remedy? Give up? Endorse the evil?

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