THE STONY CREEK WATER WARS - SWRCB APPLICATION A000334

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (12/21/2009)
Comprehensive, Chronological INDEX of the case ; F=Filed, L=Lodged, S=Signed, R=Received

SWRCB APPLICATION A000334 D.H. Masterson Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l000153%20a000334.pdf ]

[ How this application intermeshes with subsequent Angle Decree is not precisely clear, especially considering SWRCB [predecessor] letter of 12/07/1953 ]

[Maps?]

CORRESPONDENCE VOL. 1 OF 1 RECORD OF FOLDER [" F " - date filed if date originated not evident]

[Inside of file front cover]

Applicant: Joshua L. Soske, Jr. & Ann E. Soske
Address: P.O. Box 2, Vina, CA 96092

Application 334
Applicant: D.H. Masterson [crossed off see below]
Received 05/11/1916, & 07/15/1916
Maps Filed 07/15/1916 PXI Map No. 13;
Forms Sent 05/26/1916-5; 07/28/16-8, 8A , 8B; 03/09/1920-21; 01/15/1925-91; 01/20/1926-91;
Fee $10.00

Protests:

[none]

Remarks

Notify Reclamation Service at Orland without fail;

071916 To applicant for additional information

090716 Permit 157 issued;

041518 Work reported completed;

082319 Engineer report by Gordon Zander;

091119 Allowed to 07/01/1920 to apply water

091321 Engineer's Report of T.R. Simpson filed;

110521 Assigned to J.K. Masterson, Ardell Price Masterson and Francis P. Masterson

120122 License 153 issued

030338 Assigned to J.K. Masterson as per letter of 02/02/1938

033138 Order allowing chg in POD & POU

110553 Received notice of assignment to Phoebe Merry Masterson

071354 Received notice of assignment to Dallas H. Masterson

022361 Received notice of assignment to Lu E & Medora Sine

061066 Int of Lu E. Sine assgd to Medora Sine

070676 Assgd to Joshua L. Soske, Jr. & Ann E. Soske

082319 2nd Folder Report by G. Zander [report is in this folder, so what's in the other one?

091321 3rd Folder Report by T.R. Simpson [ditto]

[Inside of file back cover]

UNDATED PROGRESS DATA;

[empty]

LOOSE PAPERS IN BACK OF FILE;

040776 F returned envelope Medora Sine
- Report of Licensee for 1973, 1974, 1975; report not been received, required

UNDATED Division of Public Works, Division of Water Resources grid map - 17-B, 1) SW 1/4 of SE 1/4 S33 T23N R5W , from SW corner of this quarter quarter POD 709.5' N 37 degrees E on the creek about halfway across the quarter quarter, to 16 acres; 2) NW 1/4 of NW 1/4 200' S of northern S line & 1220' E of W S line to 3/4 acres;

PAPERS "BOUND" IN FILE (re-sorted in date order):

1916

051016 letter A.J. Zumwalt/atty Willows to State Water Commission, 74 New Montgomery St., San Francisco, CA, handing SWC Ap for permit to appropriate waters of state for ag purposes, enclosed $10
051116 Form 17 [case log?], Application No. 334, D.H. Mastersen [sic], Orland Cal., $10.00 paid, May 11, 1916;

Engineering: 071116 Map & blue print filed;
- Small plat filed with application;
- 052716 Form 5 sent
- 071516 Amended application returned
- 071716 Water applied for = 4 sec. ft.; Capacity of pump and pipe line = 1.5 sec. ft.
- 071816 Amended application found in form except as noted in letter to applicant
- 072216 Ans recd to letter of 18th inst [?] and changes written into application as therein stated.
- 072716 Capacity of pump and pipe line ample to convey water applied for 2 Sec ft.; Not within a Forest Reserve

References: Burnett's [?] Map of Tehama County

Remarks: Send out forms 8, 8a & 8b.
052616 letter State Water Commission to Zumwalt/atty, ap defective: - "Paragraph 2: Applicant names forty second feet equal to 1600 miners' inches as the amount of water he proposes to utilize. Evidently this is an error, as three-eights of a second foot or 15 miners' inches will probably be ample for his purpose. [para] Paragraph 8 should describe the pumping plant it is proposed to install, viz: ,[sic]H.P. of motor, kind and size of pump, how driven--by steam, crude oil, electricity, etc., diameter and length of suction and discharge pipes, as well as difference in elevation between the sump and discharge. [para] Paragraphs 14, 15 and 16 should be answered. [para] Blank plats for maps, sample map and a copy of the rules and Regulations of the commission are enclosed for use of applicant. [para] The application is herewith returned and, as provided in Section 17 of the Water Commission Act, the applicant is allowed sixty days after this notice in which to file an amended and perfected application."
052716 receipt for registered mail
052916 return receipt card from A.J. Zumwalt to SWC, 632 Call Building, 74 New Montgomery St., San Francisco, Calif.
071416 letter Zumwalt/atty to SWC sending original & duplicate "amended and perfected application" and blue print and copy of map describing the land to be irrigated
UNDATED form #18, name of post-office most used by those living near the proposed point of diversion? "Orland, Glenn County, California"; names and addresses of claimants of water from the source of supply below the proposed point of diversion? "There are none claiming water for irrigation or power purposes though some water their stock in the creek below." /s/ D.H. Masterson
071916 letter Secretary to D.H. Masterson, "Your appropriation calls for - four second feet, whereas the capacity of the proposed pump and pipe line is one and one-half second feet. Will you reduce your appropriation to the capacity of your proposed pumping system or increase the capacity of the system to utilize the volume of water you apply for? If you increase the capacity of your pumping system please describe size of pump and diameter of pipe line. [ para] Paragraph 17 describes 33 acres to be irrigated in SW 1/4 of SE 1/4 of Section 33 and two acres in NW 1/4 of SE 1/4 of Section 33 making a total of 35 acres. The map shows 34 acres to be irrigated in SW 1/4 of SE 1/4 of Section 33 and 4 to be irrigated in NW 1/4 of SE 1/4 of Section 33, a total of 38 acres. Please advise...."
072216 letter D.H. Masterson (on Zumwalt stationery) to SWC, "will reduce my application from four second feet to two second feet, and increase the capacity of my pump as follows: twenty horse power engine and six inch pump, discharge pipes to be eight inch instead of seven inch. [para] paragraph 17 should be 34 acres to be irrigated in SW 1/4 of SE 1/4 of Section 33 and 4 acres in NW 1/4 of SE 1/4 of Section 33, making a total of 38 acres to be irrigated. [ para] The surveyors figures are correct." 2 copies
072816 Form 8a Notice of Application to Appropriate Water, D.H. - Masterson, for a permit to appropriate for Ag purposes 2 cfs "of North Fork Stony Creek tributary to Stony Creek, to be diverted at a point: N. 37 degrees E. - 10.75 chs. [@ 66 feet] from the 1/4 Sec. Cor. between Sec. 33, Tp. 23N., R.5 W. & Sec. 4, Tp. 22 N., R. 5 W., being within the SW 1/4 of SE 1/4, Sec. 33, Tp 23N, R5W, M.D.M. and to be used about 34 ac. in SW 1/4 of SE 1/4 of Sec. 33, T 23 N., R5W, M.D.M., & about 4 acres in NW 1/4 of SE 1/4 of said Sec. 33, as per map."
072816 Form 8b enclosed copy of notice of your ap, also being sent to "Postmaster at Orland, Glenn Co., and also to the water users below your proposed diversion whose names are known to us. [para] The notice is designed for the mutual protection of the applicant and prior claimants. Although vested rights to the use of water from the source from which the appropriation is sought cannot be lost, prejudiced or impaired by failure to protest against an application, prior claimants are given this notice so that they may protest if they so desire and thus save later trouble and litigation."
072816 letter SWC President to Postmaster, Orland, please post
090816 letter SWC Secretary to D.H. Masterson, will act favorably on App. 334; "Section 17 of the Water Commission Act (Statutes 1913, Chapter 586) provides as follows in connection with permits issued by this office to appropriate waters: [para] 'If within said sixty days, said applicant shall not file an amended and perfected application, said priority of right shall cease and determine, unless for good cause shown, the state water commission shall allow said applicant to file a further amended and perfected application; provided, also, that any priority of right secured under this section shall not be effective for more than thirty days after service of notice of such approval, personally or by registered mail, on the applicant, unless within said period of thirty days a true copy of said approval upon which such priority is based shall have been filed in the office of the county or city and county in which the water is to be diverted and, within ten days therafter, a Certificate of such filing by the county recorder is also filed with the state water commission.' [para] In order to assist applicants and protect them in their priority by making certain the filing of the permits within the time allowed, this office has decided to send a copy of the permit directly to the county recorder for filing. A copy of your permit will accordingly be sent to the county recorder at Red Bluff, Tehama County, California to be filed. [para] The permit will be held by this office until the required certificate has been returned by the county recorder, and forwarded to you on receipt of Post Office Money Order for sixty cents, which amount will be advanced to the county recorder as his fee for filing the copy and for the certificate and revenue stamp."
090816 letter secty/SWC to Recorder/Tehama County, enclosed copy of Permit #157 and a check for sixty cents, 50 cents for filing, 10 cents for revenue stamp, after filing please return in enclosed envelope.
091316 letter Zumwalt/atty to SWRC, enclosed is Post Office Money order for $.60
091516 letter Secretary to Zumwalt/atty, received sixty cents, sending you "by registered mail one copy of Mr. Masterson's application, and on the back thereof you will find permit No. 157 issued under date of September 7, 1916."
091516 receipt for registration
091616 return receipt card

1918

040418 letter Secretary to Zumwalt/atty "permit No. 157 for the waters of North Fork of Stony Creek provided that construction work should be completed on or before" 09/01/1917 "and the water applied to use by" 05/01/1918. [para] "Please advise us if the construction work has been completed and if you expect to have the water applied to use within the time allowed. Applications for extension of time should be made in all cases where the terms of the permit cannot be fulfilled within the time specified."
041318 letter Zumwalt/atty to SWC "I am informed by Mr. Masterson that construction work was completed before" 09/01/1917 ", and that water was applied to use last Summer."

1919

071819 letter Secretary to Zumwalt/atty, "Mr. Gordon Zander, an engineer of this commission, will make an inspection of the work performed under permit No. 157 issued to D.H. Masterson, for the use of water from North Fork of Stony Creek, on or about" 07/26. [para] "Mr. Zander will call at your office for information as to how to reach Mr. Masterson."
082319 letter Gordon Zander/Engineer to SWC members, "This permit was - issued on" 09/17/1916 "and provided that construction work be completed by" 09/01/1917 " and that the water be completely applied to use by" 05/01/1918. [para] "Construction work was reported completed on" 04/13/1918. [para] "An inspection was made on" 07/24/1919. "The permittee was absent in the mountains with cattle at the time, but I was accompanied by his son, Harry Masterson. [probably means Frank] [para] The land to be irrigated, as described in the application, is riparian to the North Fork of Stony Creek. [para] Construction Work: [para] A 5-inch centrifugal pump, with a 20 h.p. Fairbanks Morse gas engine to operate it, has been installed at the point of diversion, as provided for in the application. The suction pipe is 5 inch diameter and about 20 feet long. There [p. 2] is a discharge pipe on the east side of the creek only. This is 7 inch diameter, and about 600 feet long. The total lift, according to the application, is about 25 feet. Under these conditions, the normal capacity of the pump is 1.5 second feet. [para] No concrete dam has been constructed across the North Fork of Stony Creek, as provided for in the application. The suction pipe is merely placed in a sump hole in the creek, and the dam will probably not be necessary. [para] Application of Water to Use: [para] The system was not in operation at the time of the inspection, and Mr. Masterson stated that it had not been used so far this year. He thought that the pump would be used upon the permittee's return from the mountains, however. [para] There was very little surface flow in the creek, but by pumping out of a sump hole in the gravel bed, enough water to operate the system to partial capacity could probably be obtained. [para] All of the land to be irrigated, as provided for in the application, has been cleared. [para] All of the land on the east side of the creek has been planted to alfalfa, but only the lower 10 acres, as shown in green on the accompanying map, have been irrigated. Mr. Masterson stated that this land was irrigated in 1916, 1917, and 1918. Checks for irrigating this lower 10 acres have been constructed. [p. 3] All of the land to be irrigated on the west side of the creek has been plowed up, and Mr. Masterson stated that about 6 acres of it were planted to alfalfa this spring. None of this land has been irrigated. [para] Mr. Masterson stated that the water supply in the creek during the past two years would not have been sufficient to irrigate the full 38 acres called for in the application. He stated that it is the permittee's intention to plant the full 38 acres to alfalfa by next spring, if an ample supply of water is indicated. He was advised to have the permittee apply for an extension until" 05/01/1920 "within which to completely apply the water to use."

UNDATED hand-drawn color map, showing W 1/2 of SE 1/4 of S33 T23N R5W - M.D.M.: junction of Kendrick & North Fork at East edge of W 1/2; slice between Kendrick & North Fork "Cleared and Plowed but has not been Irrigated"; cabin at NW corner of SW 1/4 beyond Kendrick Creek; House, Store House, Barn, Shop, SW corner of SW 1/4 W of Masterson Hollow creek; POD at intersection of Hollow & North Fork, pipe line angled southeast, then east, then northeast along portion irrigated, "Alfalfa which has been Irrigated" wedge between POD, pipe line, North Fork, and dividing line between E & W 1/2; south of pipeline to Newville road, "Alfalfa which has not been irrigated"; "16 Ac. Irrig. in 1919 and 1920";
082919 letter Secretary to Zumwalt/atty, inspection 07/24/1919 "showed that only about ten acres out of the thirty-eight acres called for in the application had actually been irrigated. [para] Kindly advise this office whether Mr. Masterson desires to apply for an extension of time or to have a license issued to him for the land which has actually been irrigated."
083019 letter Zumwalt/atty to SWC, "understand that Mr. D.H. Masterson, permit No. 157, desires to apply for an extension of time to complete the work. [para] I understand, that on account of war conditions, it was difficult if not nearly impossible for him to complete the project. [para] If you have forms to be used in applications for extension please send one...."
091119 letter Secretary to Zumwalt/atty, "commission has extended the time to" 07/01/1920 "to apply water under Mr. Masterson's permit No. 157."
091619 letter W.E. Johnson/atty to SWC, "I beg to advise you that D.H. Masterson desires an extension of time to complete the work according to original plan, as the war made it impossible to obtain the necessary materials for a time nor was labor available. [para] If a form of application is required, please send me such and I shall return it at once properly executed."
092519 letter Secretary to W.E. Johnson/atty "Upon the request of Mr. A.Z. [sic] Zumwalt, attorney at law at Willows, California, the commission extended the time on Mr. Mastersn's permit to" 07/01/1920 ", and Mr. Zumwalt was so advised under date of" 09/11/1919.

1921

081321 Notice of visit of Field Representative , "This to inform you that Mr. T.R. Simpson, an engineer of this Commission, will be at Orland on or about" 08/22/1921 "and will at that time make an inspection of the Construction work, Use of water, in connection....."
082321 letter J.K. Masterson to Mr. Simpson/Engineer, "Arrived home last eve, was sorry I did not get to see you when you were in this vicinity. [para] I am anxious to know just what the requirements are in proving up on that water right, if we can meet the requirements now we are ready to prove up on same now. If not we would desire an extension. We are not pumping this yr. as we haven't the water. We are still affected by last yr's drought."
082421 letter Charles H. Lee/Chief of Division to J.K. Masterson, "should make an application for a sufficient extension of time to do so, explaining clearly why such extension will be necessary. [para] Your letter will be referred to Mr. Simpson on his return. We suggest that in the meantime you make request for extension of time if the same is desired, and action can be taken on this request when Mr. Simpson submits his report."

091321 letter T.R. Simpson/Engineer to Chief, Division of Water Rights [stationery State Water Commission of California, overridden by rubber stamps: State Department of Public Works, Division of Water Rights] "History. [para] Mrs. Harry Masterson was interviewed and the construction work and use of water under this permit were inspected on" 08/22/1921. "D.H. Masterson is deceased and his two sons, J.K. and Harry are his heirs. [Harry is probably Frank ] [para] Progress. [para] Small progress has been made in the use of the water since the report by Engineer Zander dated" 08/23/1919. "No water was used this season nor last. The 16 acres of alfalfa on the East side of the creek as shown on the map in Zander's Report have been irrigated up to last year. Mrs. Masterson did not know what [p. 2] the plans of the Masterson Bros. were. [para] J.K. Masterson has written requesting to be informed as to the proper procedure for proving up on the water right. [para] Some sort of evidence should be forwarded showing that they are the heirs to the property in order that the application may stand in their name. Also if they desire to irrigate the area on the West side of the creek, a request for an extension of time to completely apply the water should be made. [para] Summary. [para] (1) Ownership of the property has been transferred. [para] (2) No use has been made of the water the last two years on account of failure of supply. (3) About 16 acres have been irrigated from pumping plant with capacity of 1.5 sec. ft."

091721 letter Lee/Chief of Division to J.K. & Harry Masterson, please furnish, "1 - Evidence of succession of interest of yourselves to the land and permit owned by D.H. Masterson. 2 - Do you wish to irrigate more land than the 16 acres which you have under irrigation on the East side of the creek. 3 - If so, please request an extension of time for completion of beneficial use of water upon this additional land. [para] If you do not desire to irrigate any further acreage than at present, a final license will be issued you based upon this acreage."
092021 letter J.K. Masterson to Division of Water Rights, "Ans. #1, In reply to yours of the 17th inst. F.P. Masterson and myself (J.K. Masterson) were the Administrators of D.H. Masterson Est. We are the owners of the land thru the decree of distribution. I have lived on this land myself for the past 10 yrs. and was active in securing this permit. [para] #2. We do not wish to irrigate any more land than the 16 acres now irrigated on east side of the creek. We haven't sufficient water for any more land. [para] We will appreciate the issuance of a final license on the 16 acres."
102021 letter Acting Chief of the Division to J.K. Masterson, "taken this matter up with our attorney, and you are advised that to correctly show the evidence of your ownership of the land you should file in this office either the original decree of distribution or a certified copy. [para] When this is received, the permit will be transferred to your name on our records."
110321 letter J.K. Masterson to Division of Water Rights, "enclosing the original decree of distribution to show correct ownership of land. Kindly return the decree."
110921 letter Chief of Division to J.K. Masterson "it is necessary that the original or a certified copy of the decree be filed with the Division of Water Rights. Certified copy can be made here at your request for approximately $5.00. [para] Please let us know as soon as possible whether you wish it done here or whether you wish the copy returned to you for that purpose."
111221 letter J.K. Masterson to Dept of Public Works, "Kindly return original copy of Decree and I will send you a copy as requested."
111521 letter Chief of Division to J.K. Masterson "returning to you original copy of decree of distribution....Kindly send a certified copy of this orignal decree to us as soon as possible."
111921 return receipt card

020721 Tehama Superior, In the Matter of the Estate of D.H. Masterson, etc., Deceased, Certified Copy, attys R.M. Rankin & C.I. Baker, Orland, California , "died intestate and left as his only heirs at law" ARDELL PRICE MASTERSON, widow of said Decdeased, age 64 years, residing in Tehama County, California. JESSIE ALVINA COONS, daughter of said deceased, age 36 years, residing at Maricopa, California. ANNETTA CLARE CARROLL, daughter of said deceased, age 34 years, residing at Maricopa, California. JAMES K. MASTERSON, son of said deceased, age 32 years, residing in Tehama County, California, and one of your Petitioners. FRANCIS P. MASTERSON, son of said deceased, age 27 years, residing in Glenn County, California, and one of your Petitioners. [para] And it further appearing from the documentary evidence before the Court that on the 13th day of April, 1920 the said Jessie Alvina Coons and Anetta Clare Carroll, by assignment in writing duly made, executed and delivered, did transfer, sell and assign all their right, title, claim and interest in and to the property of said estate to said James K. Masterson and said Francis P. Masterson, and by said written assignment did authorize said assignees to receive distribution of the parts and shares of said estate to which they are entitled and to take possession thereof. [para] "...the undivided one-half thereof ARDELL PRICE MASTERSON, the surviving widow of said deceased. The undivided one-fourth thereof to James K. Masterson, and; The remaining undivided one-fourth thereof to Francis P. Masterson. ...

PERSONAL PROPERTY
- Ten (10) head of Horses and Mules.
- Five (5) dozen chickens.
- Household and kitchen furniture.
- An undivided one-third interest in farming utensils and implements [what happened to the other 2/3?]
- Seven and one-half (7-1/2) shares of Virden Packing Company stock.
- An undivided two-thirds (2/3) interest in Ford Automobile
- Promissory note of John G. Masterson, dated September 15th, 1919, in the sum of $480.98, due eight months after date (interest 7%)
- War Savings Stamp Certificate, Office No. 81571, Register No. 340, for Thirty-five Dollars in war Savings Stamps.

REAL PROPERTY.

Glenn County: SW 1/4 NW 1/4 NW 1/4 SW 1/4 S1 SE 1/4 NE 1/4 NE 1/4 SE 1/4 S2 W 1/2 SW 1/4 S13 E 1/2 SE 1/4 S14 T22N R9W 320 acres [ 9W ? ] [Harvey Spring Ridge & Hokey Pokey Ridge below Masterson Camp] S 1/2 NW 1/4 NW 1/4 NW 1/4 NE 1/4 S 1/2 S4 SE 1/4 NE 1/4 N 1/2 SE 1/4 S5 T22N R5W 720 acres undivided 1/2 S3 S 1/2 S 1/2 S5 S9 S16 T22N R5W 2,100.58 acres subject to mortgage lien held by Bank of Tehama County undivided 1/3 fractional SW 1/4 W 1/2 SE 1/4 S6 N 1/2 NW 1/4 SW 1/4 NW 1/4 S7 T22N R5W 325.5 acres SE 1/4 SE 1/4 S1 E 1/2 NE 1/4 S12 T22N R6W 120 acres, total 446.5 acres subject to mortgage lien held by Rose G. Haller Tehama County: N 1/2 N 1/2 S 1/2 NE 1/4 SW 1/4 NW 1/4 [changed in ink to SE 1/4 of NW 1/4] N 1/2 S 1/2 S32 W 1/2 SE 1/4 W 1/2 S33 T23N R5W 840 acres, subject to mortgage lien held by C.W. Griffin

112821 recorder's certificate affixed, a certified copy

111521 letter Charles H. Lee to J.K. Masterson, returning original Decree (the original letter)

120221 F note thereon, "Kindly acknowledge receipt of Inclosed"
120721 letter Paul Bailey/Acting Div Chief to J.K. Masterson, received Decree

1922

021122 letter J.K. Masterson to Div WRights "advised us that a final license would be issued on the above application when a certified copy of decree of distribution, showing present ownership, was filed in your office. I do not understand why final license has never been sent to us. Kindly advise the cause of delay."
021422 letter Kruegel/Chief Division to J.K. Masterson, "issuance of license on your application and permit has been delayed owing to lack of the proper blank forms. [para] Certain changes in this office have made necessary the use of new forms and the copy for same is now in the hands of the State Printer. [para] License will be issued on your permit at the earliest opportunity and a copy will be forwarded to you. Your priority, of course, dates from the day your original application was filed, not the date of your license [underlined, actually], and it is therefore hoped the delay will not adversely affect you."
061722 letter Kruegel/Chief of Division to J.K. Masterson, "discovered in the course of preparation of license...that the decree of distribution gives to Ardell Price Masterson an undivided one half interest...to James K. Masterson an undivided one fourth...to Francis P. Masterson the remaining fourth....Unless an assignment is filed showing...passed into your hands the license will be issued in the names of the three parties to whom distribution of the estate was made...."
062722 F letter Kruegel/Chief of Division to J.K. Masterson, the original, noted thereon, "issuance of license in our three names will be very satisfactory."

051116 Application, Agricultural, to Appropriate the Public Waters of the State of California, Applicant D.H. Masterson, #334, Permit #157; Returned to Applicant for Correction 05/27/1916, Corrected Application received 07/15/1916, Approved 09/07/1916; original? also a work copy; main pipe lines to be about 600 feet in length on each side of the Creek terminating in SW 1/4 SE 1/4 S33 T23N R5W, [pipe line on east side is shorter and bears more southerly than shown on map], name Masterson Irrigation Works; Diversion works, dam 4' high, length on top about 50', on bottom about 50' , "concrete across bed of North Fork of Stony Creek (temporary dam of brush and rock) waste way over dam"; no storage; pumping plant (a) 15 [changed to 20] horse power Fairbanks and Morse gas engine, using distillate, but can use coal oil; (b) 5" [added] Centrifugal pump; (c) suction 5 inches in diameter and 20 feet long; (d) discharge pipes 7 [changed to 8] inches in diameter and about 600 feet long on each side of the Creek; (e) difference in elevation between sump and discharge about 25 feet. It will probably be necessary to increase this plant somewhat when land is fully developed, using a similar engine of 25 to 30 horse power, and a six or possibly seven inch pump. The land to be irrigated is very porous. Most of the water finds it way [sic] back to the Creek through underground drainage." Estimated cost, $1600.00, began about 05/10/1916, "about 10 acres now under irrigation as per map marked Alfalfa Field." use before 05/01/1918. "Part of the land must be cleared of brush and stumps; about 25 acres to level." 33 acres [changed to 34] in SW 1/4 & 2 acres [changed to 4] in NW 1/4 S33 as per map; APPLICATION WAS FOR 05/01 - 09/30 OF EACH YEAR; witnesses A.J. Zumwalt, F.P. Masterson; "none claiming water for irrigation or power purposes though some water their stock in the Creek below."

110521 endorsed thereon "assigment to J.K. Masterson"

091716 Permit 2 cfs, to 80 acres; "may be diverted to the full capacity of the pipe line"; NO LIMIT ON MONTHS WITHIN PERMIT; Does a license supersede a permit, or are there 2 rights?

091119 attachment, "Allowed to" 07/01/1920 "to apply water."

091316 Tehama County Recorder certification the permit was recorded

112422 [?] License for Diversion and Use of Water, 0.20 cfs from about 06/01 to about 08/01 of each season; NO EXPLANATION FOR SHORTER PERIOD, 2 months instead of 5?; to Ardell Price Masterson, J.K. Masterson and F.P Masterson, .2 cfs, 16 acres in the W 1/2 of SE 1/4 S33 T23N R5W
120122 letter Kluegel/Chief of Division to J.K. Masterson, enclosed is license
120822 return receipt card

1924

091524 letter Edward Hyatt, Jr./Acting Division Chief to Weber/Reclamation, re their Ap. 2212 & Ap 334 & 3944 [not in 12/2009 eWRIMS]; "letter from you dated" 09/08/1924 "relative to your above numbered applications to appropriate water from Stoney [sic] Creek and tributaries. [para] We note that newspaper publicity is being withheld until your plans are in final and definite form. With regard to the tentative change in location of the reservoir, we are enclosing a copy of the Rules and Regulations and refer you especially to the information on page 20 thereof relative to change in point of diversion. Any necessary advertising of such a change may be executed in connection with the hitherto incomplete advertisement of the application. [para] In response to your request for information as to other applications to appropriate in the Stoney Creek watershed, please be advised that there is only one application now in force. Under application No. 334, Permit 157, License 153 has been issued in favor of J.K. Masterson, showing that he has consummated an appropriation of 0.20 cubic foot per second from the North Fork of Stoney Creek to be used for irrigation between May 1st and September 30. [uh, the license is 06/01 - 08/01 - the Ap & permit were for the longer period]. This office has no record of rights initiated prior to" 12/19/1924 [sic, s/b 1914]

1925

020825 Report of Use of Water under License 1925, "no abandoned but shortage of water has caused me to abandon temporarily" 1924 - none, no water; 1923 no water; 1922 - "water only sufficient for one irrigation" "The last three spirngs have been unusually dry, there not being sufficient water to warrant use of same."
082725 Katherine A. Feeny/Chief Clerk to J.K Masterson, Notice of Visit of Field Representative, "Mr. I.M. Ingerson, an engineer of this office will be at Orland on or about" 06/04/1925 "and will at that time make an inspection of the construction work and use of water in connection with the above numbered application and permit and license of yourselves...."; endeavor to meet Mr. Ingerson, or mail him road directions c/o General Delivery, Orland, so he can get in touch with you.
UNDATED letter Edward Hyatt, Jr. to Tehama Recorder, enclosed a copy of License #153 for recording;

Certificate of filing with County Recorder, incomplete
120125 Certificate of filing with County Recorder

1926

020126 F Report on Use of Water Under License, water available for beneficial use in 1925, but not 1924 or 3; no water 1924 or 3, did not irrigate 1925; "I am preparing to use the water this summer in irrigating alfalfa and garden land. Did not use water in 1925 as I had tore up my plant [?] in the previous 2 dry years."

031526 memo Irvin M. Ingerson to Chief, Division of Water Rights; Inspection Memorandum on Ap. 334/Permit 157/License 153; date of inspection 06/03/1925; "...Mrs. Gus Rowe, the care-taker's wife, accompanied the writer on this inspection. [para] It was stated that there has been no water available during the past two years, that is, 1923 or 1924, during the irrigating season. [para] Because of the shortage of water in 1923 and 1924, the licensee's diversion works were removed to another location. The last use of water occurred in the year 1922, at which time water was pumped on about sixteen acres of land which are located on the south side of the creek, and west of the applicatant's diversion conduit, which is on the south side of the creek. [para] The land which has been irrigated has been planted to alfalfa and the crop at the time of this inspection was in very good condition, owing to the late spring rains during the spring of 1925, which last fact made irrigation unnecessary. [para] Mr. [sic] J.K. Masterson, the wife of one of the licensees, was interviewed by the writer at her home in Orland. [para] Mrs. Masterson stated that the pump and engine had been temporarily removed from the creek during the recent dry years, but that it was intended to replace the same during the summer of 1925. [para] It is noted, however, in the licensee's report on the use of water for the year 1925 on Form No. 91, which was received in this office on February 1, 1926, that no use of water was made during the year 1925, even though water was available. A further statement which is contained on this form indicates however that the licensee intended to use water under the above numbered application, permit and license during the coming year. [para] At the time of this inspection, the estimated flow of water in the north fork of Stony Creek, which is named as the source of this application, was 20 cu. ft. per sec."

1928

021828 letter R.C.E. Weber/Reclamation to Bryan/Div WRights, "inquire into the applications for permit which may have been filed with the California Division of Water Rights involving waters of Stony Creek or its tributaries. We would begin our examination with the date of" 04/03/1919 [date of filing amended complaint?] . [para] "Will you kindly advise me if this information is readily available from the files of your office and if so, whether you can furnish us with it or whether the work is so extensive as to warrant an examination of your records by some one from this office?...P.S. We will, of course, not be interested in our own application No. 2212 filed" 02/17/1921 "as we have complete data regarding it available in our office files here." [along about the time he, Morton, & Coffee were working on the Angle Brief/Findings/Decree?]
022528 letter Conkling/Chief Div WRights to Weber/Reclamation; "advised that only one right in the Stoney [sic] Creek watershed which was initiated by application to this office. [para] Under an application filed May 11, 1916, J.K., Ardell P. and Francis P. Masterson have appropriated 0.20 second foot between June 1st and August 1st of each season from the North Fork of Stoney Creek in the" SW 1/4 of the SE 1/4 of S33 T23N R5W, "for the irrigation of sixteen acres in the" W 1/2 of the SE 1/4 of said S33. [para] "You will readily understand that rights to use water may exist and be none the less valid because not initiated by application to the Division of Water Rights. This office, however, would have no record of such rights."
022528 letter Weber/Reclamation to Bryan/Div WRights, "Doubtlessly my letter of the 18th has been lost in the mails or has escaped your attention [7 days?] so I am again writing you with relation to the applications for permits which may have been filed with the California Division of Water Rights in connection with the waters of Stony Creek or its tributaries.In this we are interested in the applications and permits beginning with the date of" 04/03/1919. "Our own application No. 2212 filed" 02/17/1921" will not be included in the examination. [para] I would appreciate word from you as to whether this information is readily available from the files of your office, particularly as to whether considerable work would be involved, making it desirable that some one from this office make the examination."
022828 letter Conkling/Div WRights to Weber/Reclamation; our letters crossed in the mail, presume your questions are answered

1929

011729 Report of Use of Water Under License year 1928; J.K. Masterson, Box 584, Orland, Cal.; abandoned: "no but water has been insufficient"; unavailable for beneficial use 1926-7-8; 1926-7, stock and garden; 1928 stock; "this water right was taken out on a dry creek but at my place the water rises for 1/4 of a mile and runs [?] a small stream but has been insufficient to irrigate land covered by water right"
082321 Report of Field Inspection T.R. Simpson; revoke: yes; reasons: abandoned; "D.H. Masterson is deceased. Frank & Kendrick Masterson are successors." interviewed Mrs. Fank Masterson; location: "3 mi. East of Newville on Orland Road." [not this right?, says 334/157] promised: "Letter of withdrawal" [Is there a numerical & name list of withdrawn or revoked aps?] [out of date sequence; meant 31 not 21?]

1931

101631 Report of Licensee year 1931; no use 1929-30-31; "lack of water. Our water level is dropping lower each yr. on acc't of scarcity of rain fall." "not abandoned"

1935

020535 "I have used all water available in creek in months of July, Aug. and Sept. on gardens and then did not have sufficient. Was forced to abandon the irrigation of alfalfa on acct. of not enuf water."
020635 F Report of Licensee year 1934 [not filled out, "See letter received on" 02/06/1935

1937

102237 report of Licensee year 1937; J.K. Masterson, P.O. Box 584, Orland, Cal.; beneficial use 1935 & 7, not 1936; "garden only - not sufficient water for larger acreage"; "1937 - water was used on 1/2 acre garden" ; "Point of diversion changed from original to point about 1/4 mile up stream" "not abandoned" "Water has not been available in last preceeding years to irrigate original acreage under licence [sic] - however if we get back to normal rain fall there should be more water. I expect to plant and irrigate about 3 acres of ladino clover this next season in addition to 1/2 acre garden if water is available."
102937 letter Acting Deputy in Charge of Water Rights to J.K. Masterson "noted therefrom that the point of diversion has been moved up stream and in view thereof a petition for change in point of diversion should be filed and the necessary forms for this purpose are enclosed. [para] You should understand that the license presumably conveys no right to divert water at any point other than that described therein and three consecutive years of non-use of that point may jeopardize the rights under the license unless a petition for change is filed and subsequently approve." [revoke on account of drought?]
120337 letter Acting Deputy to J.K. Masterson; "were advised to the necessity of filing a petition for change in point of diversion...and to date nothing has been heard from you in the matter and it is again desired to advise you that unless this matter has your prompt attention, the rights under the license will be seriously jeopardized"
120737 Petition for Change in Point of Diversion, J.K. Masterson; request permission to "add on" [change the, is crossed off, apparently by Division personnel ]; 1220 feet east of Sec. corner S4 S5 S33 S32 [would that be on the wrong side of the creek?]; in NW 1/4 NW 1/4 S34 T22N R5W; access by virtue of "ownership"; others interested: "absolutely none as this creek is dry to its mouth (3 miles) after it passes thru my property."
120737 note J.K. Masterson to Div WRights; "My sole reason for taking water from a different point of diversion was that land of origional point was not suitable for a 3/4 A garden for my own use. I pumped water thru a 2 in. pipeline and it took entire amount in creek. I had no pump house, just set a sma. eng. and pump in bed of cr."
121537 letter Deputy in Charge of Water Rights to J.K. Masterson; add'l info: "1. Is this new point of diversion on North Fork of Stony Creek? 2. License 153 is for the irrigation of 16 acres in" W 1/2 of SE 1/4 S33 T23N R5W "Do you propose to irrigate the 3/4 acre in" NW 1/4 of NW 1/4 of S4 T22N R5W "as shown on the petition map and if so, is this in addition to the 16 acres or instead of the 16 acres? [para] A petition blank for change in place of use is enclosed which should be filled out and returned to this office in case the 3/4 acre will be irrigated under this license."
122037 Petition for Change in Place of Use; "add a" [changed by Div WRights]; to 3/4 ACPE [acre?] NW 1/4 of NW 1/4 of S4 T22N R5W; "This is only temporary as it is used for a garden as there is no garden land on our origional location" "ownership" "none affected as this stream is dry after it passes my property to its mouth about 3 1/2 miles"
122037 note J.K. Masterson to Div of W Rts; "the new point of diversion is on North Fork of Stony Creek or better known locally as dry creek. My idea was to use the water at this point instead of the 16 acres until such time that there would be sufficient water to irrigate more. In that case it would be in old location on original 16 acre piece if this would meet with your approval."
122837 letter Bryan/Acting Deputy in Charge of Water Rights to J.K. Masterson; "As we understand the situation you do not intend to relinquish the old point of diversion and place of use but merely intend to add an additional point of diversion upstream about 2000 feet for the irrigation of 3/4 acres. Will you please advise if our understanding is correct."

1938

010238 note J.K. Masterson the Div. WRights on original of 12/28/1937 letter; "Your understanding is correct. The irrigation of the 3/4 a. garden is only temporary as there is never any more than a 2 inch stream of water available at that point of diversion."
012138 letter Deputy WRights to J.K. Maserson; "if Ardell Price Masterson and F.P. Masterson still have an interest in the above numbered license."
012838 note J.K. Masterson to Conkling/W Rights; "Mr. F.P. Masterson and Mrs. Ardell Price Masterson have no interest in above numbered license to best of my knowledge - they are my bro. and mother and their address is Orland, Cal."
020238 letter Bryan/Deputy, Water Rights to Mr. F.P. Masterson & Mrs. Ardell Price Masterson; "in receipt of a letter from Mr. J.K. Masterson in which it is stated that F.P. Masterson and Mrs. Ardell Price Masterson have no interest in the above numbered license. Unless we hear from you to the contrary within 30 days it will be assumed that you have relinquished your interest in the license and our records will be changed to show Mr. J.K. Masterson as the present holder of License 153."
030738 Memorandum On 03/04 "F.P. Masterson visited the office and stated that it was correct his brother J.K. Masterson had succeeded to the entire possession of this license which was formerly in the name of himself and his mother, Ardell Price Masterson." [illegible initials]
031938 letter Bryan/Deputy WRights to J.K. Masterson; "This office is now ready to issue an order approving your petitions of" 12/08 12/21/1937, "to change the point of diversions and place of use under the above numbered license. If you will forward to this office two checks or postal money orders in the amount of 75 cents each as follows: one payable to the County Recorder of Tehama County and the other payable to the County Recorder of Glenn County, the order will be issued, a copy filed in each of the above county recorder's offices, and a copy forwarded to you. [para] For your further information you are advised that the old point of diversion and place of use lie in Tehama County and the additional point of diversion and place of use lie in Glenn County and the law requires that a copy of an order affecting a license be filed in each county in which a point of diversion and or a place of use is located." [emphasis omitted] pencil thereon "paid" 03/24/1938
032338 note J.K. Masterson to Div WaterRts, "two checks to cover recording in Glenn and Tehama Cos."
032038 Check for Change; present 16 a, increase 3/4 a; "Licensee desires to add an additional point of diversion upstream about 2000' for the irrigation of an additional 3/4 acre of garden tracts [?]. Licensee states that this is only a temporary use." "Recommend order be issued without adv."
UNDATED Order Allowing Change in Point of Diversion and Place of Use; sig blank for State Engineer, Department of Public Works, Division of Water Resources
033138 letter State Engineer to J.K. Masterson, enlcosed is order granting change in POD/POU, attach to your license copy
041238 letter Deputy WRights to County Recorder/Tehama; enclosed copy of Order; s/b attached or filed adjacent to license filed in your office 12/01/1925, recommend endorse it to refer to this order; substitute enclosed map for the one on file and mark the old one "Superseded"; execute & return certificate promptly
041238 letter Deputy WRights to County Recorder/Glenn; ditto
041438 Glenn County Recorder Certificate
041638 Tehama County Recorder Certificate
041938 return receipt card; J.K. Masterson, Merry Masterson
090638 memorandum re Ap 334/Lic 153, Brian/Supervising Hydraulic Engineer; "I discussed Mr. Holsinger's memorandum of June 20th concerning Section 19 of the Water Commission Act with Mr. Burroughs. He was of the opinion that while the county recorder would be wholly justified in requiring that the copy of the license filed with him should be certified, we might continue to file a carbon copy of the license uncertified as in the past until the matter was made an issue by the county recorder."

090638 letter Conkling/Deputy WRights to King/Glenn County Recorder; "On" 05/27 "you called at this ofice to discuss the procedure followed in connection with the filing of copies of licenses issued by this office in the office of the county recorder. You cited the fact that the law prescribed this should be a 'true copy' and asked if in our judgment it was appropriate to file an unexecuted and uncertified copy of the license as we had been accustomed to do. [para] If you will refer to Section 19 of the Water Commisision Act (Chapter 586, statutes 1913 as amended) you will observe the law contemplates that this filing shall be made by the licensee himself and under such circumstances it would appear proper that the county recorder should require some evidence that the copy of the license filed was in fact a true copy. We found, however, by experience that the licensee frequently failed to make the filing with the county recorder and return a certificate of such filing with this office within the time prescribed by law, which made it necessary for the Division to revoke the license. This was frequently most regrettable and in order to avoid such a culmination the Division inaugurated its present practice whereby when about to issue a license the licensee is advised and requested to forward to the Division a check or money-order sufficient to cover the recording fees and certificate of the county recorder. When this is in hand the license is issued and a carbon copy thereof forwarded by this office to the county recorder with instructions for filing, etc. [para] Under this procedure you will observe the filing with the county recorder is made on behalf of the licensee by this office. The copy offered for filing is a true copy because it is a carbon copy of the origional. Our attorneys advise us that this is in full compliance with the law, but that the county recorder would be fully within his rights to demand certification if he were so disposed. [para] To meet such a demand we would be obliged to require that the licensee pay for the cost of copying and certifying and the procedure in our office would become considerably more involved and difficult. Therefore, while your point is in a way well taken, we would regret to be obliged to change from a procedure which has been followed for many years without previous objection and which appears to be in full compliance with the law. We thank you nevertheless for the thoughtful and very intelligent criticism which you have made."

1940

121040 Report of Licensee Year 1940; no beneficial use 1938-39-40; "insufficient water. In 1937 by changing point of diversion with your permission I irrigated 3/4 acre garden. Since that time that particular part of creek has dried up entirely so have not used water since" "not abandoned."

1944

102644 Report of Licensee Year 1944; no beneficial use 1942-3-4; "insufficient amt in creek" "not abandoned" in red (staff) "1941 - Use made - see letter rec. on"11/18/1944; at bottom: "Pos.Rev" crossed off, replaced with "No action"
111344 letter Hyatt/State Engineer to J.K. Masterson; "any use was made during the year 1941" ?
111744 note J.K. Masterson to Div Water Rts, "for the year 1941...used water for garden, about 3/4 of an acre"

1947

110547 Report of Licensee Year 1947; no beneficial use 1945-6-7, "extremely dry springs causing shortage of water"; "has not been abandoned"

1950

102150 Report of Licensee Year 1950; no beneficial use 1948-9-50, "lack of water - hardly enough for livestock pasturing on land ajacent [sic]" "not abandoned" staff: "some use made - see above" [livestock?]; note on back "If we have a few normal winters it will put sufficient water back in this creek to at least irrigate a few acres of garden land."

1953

110553 F Report of Licensee Year 1953; no beneficial use 1951-2-0, present holder "Mrs. Phoebe Merry Masterson, 730 3rd St., Orland, Calif." "Mr. J.K. Masterson was in poor health & passed away" 05/01/1952, so ranch has been leased out. Next June my son expects to move to ranch & develop it." "not abandoned"
110953 letter Jopson/Principal Hydraulic Engineer to Mrs. Phoebe Merry Masterson; records changed to show you as present owner; "from the report and from previous reports that there have been over 3 years of non-use. Under the circumstances, it appears that, in accordance with Section 1241 of the State Water Code, the rights under the license may have been lost and that your interests would best be served by filing a new application. At the time of filing the new application a request for revocation of the license should be made. [para] If, however, no use of water was made because none was available, a statement to that effect should be made in order to protect your rights under the license. [para] In the event nothing is heard from you upon the expiration of 30 days from date hereon, your project will be listed for inspection as soon as practicable prior to setting a hearing in the matter. At the hearing you will be required to show cause why the license should not be revoked for failure to comply with the terms and conditions thereof."
120153 letter E.A. Garland/Water Master to Jopson/Div WResources; - "Your letter of" 11/09, "Application 334 and addressed to Mrs. Phoebe Merry Masterson of 730 Third Street, Orland, California was handed by her to a friend for advise [sic] who in turn has handed it to me for the same reason (advise). [para] Before complying with this request I would like to get all the information prior to your above mentioned letter, in this matter. [para] So far as I know the appropriative right decreed to Mrs. D.H. Masterson, F.P. Masterson and J.K. Masterson under priority dates of" 04/15/1917 and 04/15/1920 "calling for 60 acre feet and 10 acre feet of water from North Fork Stony Creek in the case of The U.S.A. v H.C. Angle et al has never been revoked."
120753 letter Jopson/Principal Hydraulic Engineer to Garland/Water - Master, "For your information the appropriative right initiated by Application 334, and subsequently confirmed by License 153, covers the diversion of 0.20 c.f.s. from the waters of North Fork of Stony Creek from about" 06/01 to about 08/01 "for the irrigation of 16 acres within the" W 1/2 SE 1/4 S33 T23N R5W. [para] "This right is distinct and separate from any decreed right Mrs. Masterson may possess."

1954

062454 form letter Edmonston/State Engineer to Phoebe Merry Masterson; F.M. Kuchta will inspect, will be at your home in Orland 07/06/1954 at about 2 p.m.,
070654 Memorandum of field Visit, probable action "none"; "Field Notes. GENERAL: Accompanied by Mr. Masterson, Licensee's son to whom she will assign filing in near future. Project has not been abandoned although there has been little or no use during past three years. No surface flow in stream--some standing water in pool near point of diversion & it appeared to have some movement. Has been no usable flow (surface flow) during irrigation seasons of past three years. DIVERSION SYSTEM: Remains as previously reported however an effort will be made within the month to cause sub-surface flow to rise to surface & a sprinkler system will be used--by this method water which was not available to system as previously described will be put to use. PLACE OF USE: Remains as previously described. Will be planted to pasture & alfalfa. USE: Due to shortage of surface flow, has been no water used within past three years. Subsurface flow will probably not furnish enough water to irrigate entire acreage, but the amount available will be used & a well will be drilled to supplement water diverted from this source. FUTURE PLANS: As noted above. It does not appear that license should be revoked as non-use was due to lack of water." "Reviewed - OK, F.M.K. 12/29/1954 "
071354 F Notice of Assignment, Phoebe to Dallas H. Masterson, Box 34, Star Rte., Orland, Calif.
071454 letter Spencer/Senior Hydraulic Engineer to Dallas H. Masterson, received assignment, assume "Mrs. Masterson has delivered a copy of License 153 to you and that you are familiar with the terms and conditions thereof."

1957

102257 Report of Licensee for the Years 1955, 1956 and 1957; Dallas H. Masterson, c/o Air Dorado, Inc., Pier H8, S.F., Calif.; no beneficial use 1955,56,57, "not sufficient amount of water" not abandoned

1960

100660 [date of G.A.P. initials] form SWRB to Tehama Assessor; ask for present address of assessed for SW 1/4 of SE 1/4 S33 T23N R5W, mail to Dallas c/o Air Dorado returned unclaimed
100660 [date of G.A.P. initials] form SWRB to Tehama Assessor; note thereon: "The above described property now stands in the name of Lu E. Sine and Medora Sine, husband & wife. mailing address P.O. Box 584, Orland, California"
121660 form letter Hill/SWRB to Dallas Masterson, no report of licensee received covering last 3 years

1961

121660 form letter Hill/SWRB to Mr. & Mrs. Sine; no report of licensee received covering last 3 years
012061 Report of Licensee for the Years 1958, 1959 and 1960; beneficial use made all 3 years; "Not enough water for irrigation - mostly used for stockwatering. Seepage shows year around flow." not abandoned, /s/ Lu E. Sine
012361 form letter Hill/SWRB to Sine, will change to show ownership of license
021461 memo, "Mr. Dallas H. Masterson who formerly owned the ranch covered by the above numbered appl. visited this office re: drilling wells in proximity to the terminal end of the Black Butte Reservoir. He plans to purchase ranch back from L.E. & M. Sine, present owners"

1963

122663 Report of Licensee for the Years 1961, 1962 and 1963; used each year, all year, stock watering; /s/ Medora M. Sine

1966

111566 Report of Licensee for the Years 1964, 1965 and 1966; used each year, all year, stock watering; /s/ Medora M. Sine
112266 letter Medora M. Sine to SWRB, "2 applications, Ap. 19926, permit 13090; Ap. 334, lic 153; "19926 pertains to a stock-watering reservoir which was completed many years ago. I am not clear as to what" Ap. 334 "pertains to." [para] address correct on 19926 (560 Irwin Lane, Santa Rosa, CA 95401), but wrong on 334; "I am enclosing the report on Ap. 334. I had completed it before I realized there were two" Aps. "It may be wrong inasmuch as I answered the questions thinking this pertained to the reservoir."
120266 letter Hill/XO to Medora M. Sine; address corrected; "License 153," Ap. 334 "allows the diversion of 0.20" cfs from about 06/01 to about 08/01 "of each year for irrigation purposes. The" POD "is on the north fork of Stony Creek and is located" north 37 degrees east, 10.75 chains from the SW corner of SE 1/4 of S33 T23N R5W. POU is 16 acres in W 1/2 of SE 1/4 S33 T23N R5W

1970

011870 Report of Licensee for the Years 1967, 1968 and 1969; not abandoned; used all year livestock & deer; reservoir spilled 1969 [what reservoir?] drawn down 30' below spillway at end of season; 1967 200, 68 300, 69 200 sheep cattle; "My ranch is leased. The above figures are approximate", /s/ Medora M. Sine

1972

121572 Report of Licensee for the Years 1970, 1971 and 1972; not used full amount each year; did not spill; nothing shown for 1972; 10' down 1970 & 8' down 1971 at reservoir max; sheep; "The water is used for stockwater of sheep and deer & birds"

1976

022876 Contact Report, W.C. Smith contacted Tehama County Assessor's Office, 1973-4-5 Licensee report returned by Post Office; New Tehama owners: Joshua L. Jr. & Ann E. Soske, P.O. Box 285, Vina, CA 96092, still working on Glenn
062676 form letter Rosenberger/Div WRights to Assessor/Glenn County, right in name of Medora Sine, who ownes now?
070676 F same, filled in, Soske; within APN 027-11-0-003-0, 334.23 ac m/l
072076 letter Page/supervising Engr to Soske, both Assessors show you as owners, we will change our records unless hear otherwise within 30 days, if you don't have copy of license one is available on request, enclosed is the annual form for 1973-4-5

1982

061882 letter Soske to Mork/Program Manager, "apologies for not getting these Reports to you sooner. We are a small ranch with no office staff other than myself and wife. It seems we sometimes get overwhelmed by paper work and reports to all the government and private agencies. We always get it done, but sometimes late. [para] Please be assured we depend on all these licenses for our cattle ranch and all the structures are in good shape. We inspect each structure many tiems a year, but we are not always there at maximum or minimum pond -- so some numbers are our best estimates. [para] Please send us a copy of the License for each of the following numbers -- enclosed is a return envelope: 153, 6260, 6261, 6262, 7916
061582 Report of Licensee for the Years 1979, 1980 and 1981; not abandoned, have not reviewed license; need a copy of license; used each month except Aug-Oct each year; max below spillway 1979 3', 1980 4', 1981 2'; end of season 5, 6, & 4; irrigated 3 acres of grass, 20-40 pairs of cattle; conserve: rotate grazing & do not overgraze; after use, absorbed into ground; "Re item #2 - irrigation in summer only, pond used for stock water by cattle during the other months" [what pond?]

1985

051085 letter Soske to Mork/Program Manager, enclosed reports for 6260, 6261, 6262, 7916, 153; "Last time we filed these we requested and you sent to us copies of the licenses. Thank you. Would you please send us copies of the maps that were submitted or used re these licenses. We would be pleased to pay your costs in reproduction. We are trying to everything [sic] we can to comply with all terms, as we do rely on these license in our cattle, grain & hay operation."

051085 Report of Licensee for the Years 1982, 1983 and 1984; reviewed license; complying with all terms; not abandoned; used full amounts; stockwater, every month, spilled 1982, not in 1983 or 4; 8' down from spillway 1983 at max, 12' in 84; use 8' 1982, 16' 1983, 20' 1984 (or is that end of season drawdown?); crops grass & grain 1982, grass 1983 & 4; 125 paid cattle all 3; "no water conveyed" so no conveyance loss; conserve: "water only lost to evaporation"; more conserve: "control grazing to minimize erosion"; silt: "control grazing, large dam to hold most of water, settlement ponds" [where?]
061485 letter Okada/Permit & License Unit to Soske, enclosed are maps for each license

1988

082088 Report of Licensee for the Years 1985, 1986 and 1987; used full licensed amount each year; use only in June & July, spilled 1985 & 86, not 1987; 30 cattle

1991

021091 Report of Licensee for the Years 1988, 1989 and 1990; used full licensed amount each year; use year-round, stockwater; spilled each year; grew grass; 125 pair cattle; conserve: control grazing and rotate pastures to minimize erosion;

1994

053094 Report of Licensee for the Years 1991, 1992 and 1993; used full licensed amount; used June-Aug; did not spill; 1991 down 7' at max, 1992 8', 1993 3'; irrigated 16 acres, grass/pasture; conservation efforts: "look for leaks"; silt: " careful stocking rates of cattle - to prevent overgrazing"

1995

062795 letter Okada/Permit & License Unit to Soske; followup to his visit to this office; changed ownership to them for Aps 334, 17378, 17388, 17389, 19901, 19902, 19926 & statement of diversion & Use 9665;

1998

042898 Report of Licensee for the Years 1995, 1996 and 1997; used full amount, all year long, spilled each year, did not empty; 125 pair cattle; conserve: Rotate fields for grazing cattle and do not overgraze the available grass

2001

090101 Report of Licensee for the Years 1998, 1999 and 2000; used full amount, all year long, spilled each year, 150 pair cattle; conserve: "Not all cattle are in these fields all the time. We rotate cattle among many fields to conserve feed and moisture. By controlling grazing and not overgrazing grass is left taller so more water soaks in and less water runs off."
122801 letter Soske to Valin/Division Secty; you returned my envelope telling me it was empty when received, enclosed are photocopies of the 8 reports

090101 Report of Licensee for the Years 1998, 1999 and 2000; another copy

2004

020304 letter Soske to Div WRights; "for the first time ever, in January we received 8 bills for fees due for 8 water rights we hold at $100 each. The bills are marked 'taxpayer copy'. Nothing was enclosed to return with the check. We enclose check #7972 for $899 for the 8 water rights fees, and we wrote on the check the 8 App. [??] numbers shown on each bill,

334 [divert from North Fork Stony Creek], 17387 [Kopta Slough], 17388 [N. Fork Jewett Creek], 17389 [ditto], 19901 [Reservoir 8.8 a-f NE 1/4 SW 1/4 S6 T22N R5W], 19902 [Reservoir 7.7 a-f SE 1/4 SE 1/4 S6 T22N R5W], 19926 [Reservoir 8.1 a-f SW 1/4 SW 1/4 S32 T23N R5W] [licenses] , 30693 [Hoag Slough, 25 a-f] [permit] ;

in addition we have filed "supplemental statement of water diversion and use" S009665 1860 which was not billed for. Are we current? 2 copies
062404 Report of Licensee for the Years 2001, 2002 and 2003; used amount the license says, Jun & Jul. ea. year; 16 acres [first time report correlates with license]; conserve: We rotate fields for grazing and do not overgraze the available grass - more/taller grass = less runoff of water and less evaporation of water"
102704 misfiled, address change for Ap 338

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