THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (12/10/2009)

Comprehensive, Chronological INDEX of the case ; F=Filed, L=Lodged, S=Signed, R=Received

SWRCB APPLICATION A019911 - James E. & Nora. Drew/Spurlock/Hester Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l007873%20a019911.pdf ]

[schedule of allowed Angle Decree usage at http://www.mjbarkl.com/limits2.htm shows that SWRCB did not have jurisdiction to consider this application]

[Maps?]

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

[Inside of file front cover]

Applicant: Michael Hester
Address: P.O. Box 275, Stonyford, CA 95979

Application 19911, ( 19437, 19912, 19913 )
Applicant: James E. Drew and Nora Drew
Received 01/09/1961 Maps Filed 01/09/1961 Maps A;
Forms Sent 06/01/1961 8, 8A , 8B; Fee $10.00

Protests:
  • [none]

    Remarks
  • 060861 Affidavit of Publication Received
  • 112761 Permit 13079 Issued
  • 121365 Received Notice of Assignment to Clair, Marjorie, James M & Jerry D. Spurlock
  • 052466 Rept. of Insp. by F.M. Kuchte
  • 010467 License 7873 issued & mld to Glenn CR
  • 102771 name of Clair Spurlock dropped;
  • UNDATED Marjorie, Jerry Spurlock were dropped, James Spurlock is now the primary
  • 091106 Asgd to Michael Hester

    [Inside of file back cover]

    UNDATED PROGRESS DATA;
  • use: stockwatering & recreational,
  • source: 3 unnamed streams - Stony Creek - Sacto R
  • amount: 92 afa (2 reservoirs)
  • PODs:
    - NE 1/4 of NW 1/4 S29 T21N R6W
    - SW 1/4 of SW 1/4 S29 T21N R6W
    - NE 1/4 of NE 1/4 S28 T21N R6W
  • Right of access: Yes
  • In Investigated Area: U.S. vs. Angle Decree
  • notices to Reclamation

    LOOSE PAPERS IN BACK OF FILE;

    UNDATED yellow sheet, showing computations for a canal 4' top, 3' bottom
    012361 barely readable map, ditches? diversions? Next stream south of 162 below the scarp?

    envelope in back of file:
  • 010961 Application to Appropriate Unappropriated Water, same as one bound in file
  • UNDATED, composite grid & quad, grid filled in, quad not, 2 copies

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

    1961


    010961 Application to Appropriate Unappropriated Water; James E. & Nora Drew, 3 unnamed streams tributary to Stony Creek; .25 cfs; 93 a-f storage; 12/01 - 03/15 each season; irrigation, stockwater & recreational; diversion, stamped SUPERSEDED
  • S 980' & E 1920' from NW Corner S29 in NE 1/4 of NW 1/4 S29
  • S 5240' & E 200' from NW Corner S29 in SW 1/4 of SW 1/4 S29
  • S 1350' & E 875' from NE Corner S28 in NE 1/4 of NE 1/4 S28 2 Diversion dams 3' in height, 10 ' long on top, of timber; storage
  • 1) West dam, 14' height, 1) 330 feet long on top; 3' freeboard, earth & concrete core, flood in all of nw 1/4 S29, surface 15.2 acres, 72 a-f
  • 3) East dam, 14' height, 1) 100 feet, same, flood in NE 1/4 S28, surface 5 a-f, capacity 17 a-f; Conduit : canal 4' top 3' bottom, 1' deep, 3600 feet long, 10' per 1,000 grade; "earth (West Dam to & including area irrigated)"; construction completed; Use : 
        1 ac w/in SE 1/4 of SE 1/4 Sec. 20
 19 ac w/in SW 1/4 & 
  2 ac w/in SE 1/4 of SW 1/4 Sec. 21
  3 ac w/in NW 1/4 of NW 1/4 Sec. 28
 17 ac w/in NE 1/4 of NE 1/4 Sec. 29 & 
            NW 1/4,
            NE 1/4 &
            SE 1/4           Sec. 28 all T21N R6W
  • [see topo map at end of 2005 showing canal into Res. #1 from unnamed stream at SW corner S29]; Other Rights: Prescriptive, 1898, used continuously, year round [Edgar Hunter?]; fish culture; 150 head of beef
    010961 note attached to Ap, 4 Aps (for Drew? (1 for Spurlock? ) $40 ck, OK to file fee in full, DWS
    010561 letter Killebrew/atty [Killebrew and Hubbard, Tax Attorneys, San Francisco/Colusa/Willows] to Scordakis/SWRB, enclosed 3 aps for Drew, 1 for Spurlock, $40, you're preparing the maps, right?
    010961 receipt $10 Drew or is it $40?
    011061 form letter Hill/SWRB to Drew Ap received given #19911
    012761 form letter SWRB to Supervision of Dams, Drew ap, 14' high, 330' long, 3' freeboard, 15.2 a areas, 76 a-f capacity completed
    021761 letter Brown/Safety of Dams to Drew, qualifies as a Dam 6002 of Water Code, "Due to the fact that no application for approval of plans and specifications for the dam was filed with this office, as required by Section 6200 of the Water Code, the construction of the dam appears to be in violation of the Code provisions." 1) spillway may be lowered to allow capacity of less than 50 a-f; 2) Ap may be filed for approval, with fee, plans & specs and any other pertinent engineering data, and if it is, the office may require new construction or alternation [sic]; enclosed dam rules & regs, ap forms, outline of procedure; note sections 304, 310 & 322; advise within 30 days your plans;
    030961 letter Hill to Dugan/Reclamation, 23 ap notices
    060161 form letter Hill/SWRB to Drew , post notices by 06/16/1961, return affidavit by 07/11/1961,
    060261 six return receipt cards
    060161 Notice of Application to Appropriate Water; mailing list on back; POU (differs from Ap?): 
      Incidental uses and irrigation of 42 acres consisting of:

  1 ac w/in SE 1/4 of SE 1/4 Sec. 20
  2 ac w/in SE 1/4 of SW 1/4 & 
 19 ac w/in SW 1/4 of SW 1/4 Sec. 21
  3 ac w/in NW 1/4 of NW 1/4 Sec. 28
 17 ac w/in NE 1/4 of NE 1/4 Sec. 29 

 & incidental uses within

            NE 1/4 of        Sec. 28 & 
            NW 1/4 of        Sec. 29 all T21N R6W

    060161 form letter Hill/SWRB to Postmaster Elk Creek, please post 3 notices [19911, 12, 13]
    060661 letter Killebrew/atty to Hill/SWRB affidavits of posting enclosed
    060661 Affidavit of Posting Notice 19911 , Clair Spurlock, 2 different spots on Alder Springs Road
  • 060161 Notice of Application to Appropriate Water

    061261 form letter Hill/SWRB to Drew, received affidavits
    092161 letter Hill/SWRB to Drew, amending your ap unless you object within 15 days, your canal rated at 15.8 cfs, not .25
    [ 102661 misfiled in 19913 file, letter W.A. Brown/Supervision of Dams to Mr. L.C. Jopson/SWRB "...James E. Drew Ap. #373, 10/06/1961 James E. Drew, 316 No. Lassen Street, Willows, California filed with this office an appliction for appoval of plans and specifications for the construction of an earth dam to be 23 feet in height, with a storage capacity of 70 acre-feet, at an estimated cost of $9,500 in NW 1/4 of Section 29, T21N, R6W, MDB & M., County of Glenn to be used for diversion and storage for irrigation purposes. Remarks: Dam constructed prior to 1929. WHB" ]
    110361 letter Hill to Weyerhaeuser Company, Arcata, "following clause will be made a part of the permits if and when issued: 'The issuance of this permit shall in no way be construed as conferring upon the permittee right of access to the point of diversion.'" ; note thereon, "what does this have to do with Weyerhaeuser Co. or access to point of diversion? J.V.S." 11/16/1966
    010961 Application to Appropriate Unappropriated Water, work copy?
    101861 Check for Permit
    102861 Approval for Signature
    112761 Permit Terms, construction before 06/01/1962 completed by 12/01/1964 use by 12/01/1965
    112761 form letter Hill/SWRB to Drew 11, 12, 13 approved, $15 due within 10 days "if possible" [else?]
    120161 receipt, $5 for 19911
    120461 form letter Hill/SWRB to Drew, permits issued, etc.
    120761 certified card, Drew

    1962


    030163 letter Hubbard/atty Killebrew to SWRB, no record of receiving the blank form referred to, please send another to Killebrew and Hubbard Office in Colusa;
  • UNDATED sent you a 1962 annual report form, where is it?

    1963


    110963 Progress Report by Permittee for the Year 1963; all completed, Dam completed 1898 [huh? no reference anywhere in Angle Record at all!]; no further work; source did not go dry, reservoir did not spill, 4' below maximum storage; 11' down at end of season 150 head beef,

    1964


    121064 Progress Report by Permittee for the Year 1964; all completed, used "year around"; dry Feb to Dec; 10 feet down at maximum; nearly dry at end of year; water 150 head

    1965


    120565 Progress Report by Permittee for the Year 1965; all completed, used January to December; dry Apr. - Nov.; did not spill; 4 feet down at max; 200 head cattle
  • UNDATED slip attached, please change owner to Spurlock
    122265 letter Hill to Spurlock, unless hear otherwise within 30 days, changing ownership to Clair Spurlock, Marjorie Spurlock, James Marshall Spurlock, Jerry Drew Spurlock; how about for 19912 & 19437?

    1966


    011866 letter Hill to Spurlock, changing names again
    051166 form letter SWRB to Spurlock, F.M. Kuchta will inspect about 10:00 a.m. 05/18/1966
    053166 F Request for License, "If any reduction in amount, season or land description is necessitated when the rough calculations are checked, the owner will be notified and allowed 30 days within which to submit a protest to any change. If no protest is submitted the change will be considered acceptable. According to the best knowledge and belief of the undersigned a right has been established to use of the waters of three unnamed streams" for stockwater & recreational, priority 01/09/1961 [what happened to 1898?] #1, 76 afa, #2 15 afa; maximum rate of diversion to off-stream storage to Reservoir #1 shall not exceed 7 cfs; outlet pipe clause & stockwatering clause;
  • Report of Inspection, F.M. Kuchta unaccompanied; reservoirs within NW 1/4 (4-40s) of S29 & E 1/2 of NE 1/4 of S28; minimum flow zero, occurs after heavy rains cease until they begin in fall; gravity collection in on- & off-stream reservoirs; ditch 7 cfs, Res #1 113 af, #3 15 af; capacity of ditch by Manning formula Q = 6.8 (or about 7); sounded from kayak and reservoirs plotted to scale including depths; [p. 2] "entire irrigation feature dropped, so, no irrigated acreage"; "Livestock drink direct from the reservoirs. Recreational use is fishing and duck hunting. Islands in larger reservoir make a unique situation for waterfowl hunting." no waste "Normal for this area. If water were not collected during the winter months it would waste into the ocean." "200 head of cattle" diversion 12/01 - 03/15 (limited by permit); maximum diverted over 76 a-f, in 1964-5; held over 12-13 a-f, for livestock, fish and waterfowl; "Spurlock ranch also has Applications 19910, 19912, 19913 and 19437 (all reservoirs) as well as riparian rights to use water from springs and flowing streams on ranch. Also have some adjudicated rights for direct diversion from Stony Creek." [which ones?] [p. 3]; #1 found to have greater and #3 smaller capacity than under permit; "would file a new application to cover the excess"; [p. 4] elaborate map, earthen fill dam with a concrete core about 23' high with 3-1/2 ' freeboard, valve equipped outlet pipe through dam, shows quarter quarter crossing in the middle of reservoir sectors are all of NW S29 but note says of NE 1/4 of S29, [see topo map at end of 2005];[p. 5] #3 crosses the NE NE and SE NE line of S28 [#3 on Google maps has a somewhat different shape];
    - [p. 3] Calculations
    - [p. 4] survey map, reservoir #1
    - [p. 5] survey map, reservoir #3
    - [p. 6] Remarks: "Photographs were taken of these reservoirs and of the ditch and headgates in the stream from which water is diverted for off-stream storage in Reservoir No. 1. Because of the size of No. 1 reservoir in particular, the camera with a wide angle lens was used and pictures will not be put into report until after they have been processed. [para] The permit does not specify the amount of water that is to be stored from the individual streams in Reservoir No. 1, so it is not done in this report or in the Request for License. It is well that definite amounts were not specified as there is no information to allow such a calculation to be made. Presumably about half is received from each source. The reservoir has filled completely as indicated by high water marks and debris along dam and in spillway. The past season has not been a good collection season yet the main (larger) reservoir is only down a little over 2 feet. The reason for the statement in the 1965 Progress report that it lacked 4' of filling is not apparent. [para] The pastures within which these two reservoirs are located are a portion of the Spurlock 8000 acre ranch in this area. They maintain a basic herd of about 200 head of cows and calves but since they are buying and selling cattle at all times the herd may reach 700 to 800 head. As many cattle are placed in each pasture as the forage will support and they are moved from time to time. Cattle are kept on the ranch throughout the year. [para] Neither reservoir goes completely dry, even in the driest years."
    - [p. 7] photos: upstream to diversion dam [where?]; downstream to divesion dam; ditch below div. dam; ditch around hillside [see topo map at end of 2005, divert from SW corner S29]; Res. #1

    010961 Application to Appropriate Unappropriated Water [another copy]
  • 112761 Permit No. 13079
    - Important (Please Read Carefully); glued to front of Permit, some warnings: diligence, beneficial use yields a right, changes to POD or POU or type of use by application only, notify of assignment & change of address
    101166 Check for License
    121266 Approval for Signature, Water Right License

    1967


    010467 License for Diversion and Use of Water, #7873, recorded
  • 011167 certification of true copy of license

    1968


    110168 Report of Licensee for 1966, 1967, 1968; max rate of diversion 15.8 cfs; stockwatering & recreation; 200 head; used every month; "Number of livestock will vary due to feed conditions."

    1971


    102571 Report of Licensee for 1969, 1970, 1971; year around; spilled all 3; not emptied; approx 200 head commercial cows & steers; fishing
    102971 letter Spencer/Northern Region to Spurlock; Clair Spurlock and James E. Drew are deceased, changed records to show Marjorie Spurlock, James M. Spurlock and Jerry D. Spurlock

    1974


    122774 Report of Licensee for 1972, 1973, 1974; year around; spilled in 1973 only; '72 4' down, '74 8' down; beef cattle, 200; livestock watering, rec. & fish culture; silt: "We do not overgraze our range land" after use "put back on the range through the cattle"; waste: livestock waste;

    1978


    122278 Report of Licensee for 1975, 1976, 1977; used Jan-May, Nov & Dec 1975; dry 1976; Jan-May 1977; no spill 75, 76; spilled 77; at max 5' down 75, dry 76, full 77; end of season 7' down 75, dry 76, 8' down 77; 100 beef cattle all 3; silt: "we do not over graze our range", after use "put back on the range thru the livestock": reuse: "none possible"

    1982


    022682 Report of Licensee for 1979, 1980, 1981; used year-round; spilled '79 & 80, not '81; max below spillway 1' '81; end of season 7' down '79, 8' '80, 7' '81; 150 beef cattle; silt: "control of livestock overgrazing; after use: "recycled thru the livestock"

    1985


    042985 Report of Licensee for 1982, 1983, 1984; used Nov-May all 3 years; spilled each year; down '82 1) 4 ft, 2) 2 ft; '83 both 2'; '84 1) 1 ft, 2) full; 150 beef cattle; silt: "we do not overgraze the range"

    1988


    011988 Report of Licensee for 1985, 1986, 1987; used Nov-May all 3 ; spilled '85, no '86, 1) no & 2) yes '87; '86 1) 10' down & 2) 4 ft down; end of season '85 1) 6 ft down, 2) 4 ft down; '86 1) 12 ft down, 2) 8 ft down; '87 1) 6 ft down, 2) full; 150 commercial beef cattle; silt: "we do not overgraze our range"

    1991


    030191 Report of Licensee for 1988, 1989, 1990; used Jan-Apr, Nov, Dec '88; Feb-Apr '89; dry 1990; neither spilled; '88 1) 10' down, 2) 4 feet down; '89 1) 15' down, 2) 3' down; '90 both dry; end of season '88 1) 15' down, 2) 6' down; '89 1) 20' down, 2) dry; '90 both dry; stock watering '88 1) 150, 2) 50; '89 1) 80, 2) 50; '90 none, commercial cattle; silt: "The range is not overgrazed"; "cattle numbers have been reduced due to drought conditions"
    032691 memo Persson/Division of Safety of Dams to Div WRights, ap filed 02/26/1991 to cut the spillway down 5 feet reducing the dam height from 24 to 19 feet and dropping storage from 113 a-f to 49.5 a-f "removing the dam from the jurisdiction of the State of California for safety."

    1992


    081192 letter Persson/Div Safety of Dams to Spurlock; "...final inspection for the alteration of your dam was made by Field Engineer Rich Honma on" 06/17/1992. "All work has been satisfactorily completed and the dam is no longer under State jurisdiction for safety as defined in the California Water Code. The dam is 18.6 feet high and impounds 46 acre-feet. [para] If you are in possession of the Certificate of approval for James E. Drew Dam, please return it to the Division of Safety of Dams as it is now null and void. Do not place any obstructions in the spillway that would increase the storage capacity of the reservoir to jurisdictional size. Should you wish to enlarge your reservoir to jurisdictional size, you will need to file an 'Application for Approval of Plans and Specifications for the Construction or Enlargement of a Dam and Reservoir', and receive approval from this Department...."
    093092 contact report L.K. Bieg/Div WRights called Jerry Spurlock "...contacted to discuss the" 08/11/1992 "letter from the Safety of Dams stating that the capacity of Res #1 had been reduced to less than 50 acre feet and was no longer under their jurisdiction. He was told that we proposed to reduce the licensed right to 64 acre-feet as follows: Res #1 = 49 ac-ft, Res #2 = 15 Ac-ft. He said there was no objections and we could proceed as discussed."
    120692 letter Bieg/Compliance Unit to Spurlock, reduction per contact 09/30/1992 report, 20 days to object
    122492 Order Correcting Amounts of Storage and Amending the License ap 19911 permit 13079 Lic 7873 "...State water Board has determiend that said correction(s) will not initiate a new right nor operate to the injury any [sic, no 'of' ] legal user of the water." drop to 49 & 16 a-f
    122492 letter Attaway/Petition Unit to Spurlock, enclosed is order "correcting the above referenced license to describe your project as it exists."

    1993


    011393 recorded copy of 12/24/1992 order
  • 011193 SWRCB certification of true copy

    1994


    030794 contact report Spurlock contacted J.T. Armstrong/Div WRights, 1) did not receive "Report of Licensee" for Ap 19437, no change except for reduction of storage 2) change address on all aps

    1998


    050198 Report of Licensee for 1995, 1996, 1997 used full licensed amount of water; Nov-Apr; spilled each year?, not emptied, full at end of season; 120 head each year, /s/ Hank Spurlock

    2001


    122801 Report of Licensee for 1998, 1999, 2000 used full licensed used full licensed amount of water each year; used Nov-May; spilled each year, not emptied, full end of season 1998 & 9, 3' down end of 2000 season; 70 head each year

    2004


    112404 Report of Licensee for 2001, 2002, 2003 nothing marked for direct diversion; spilled each year, not emptied, 100 cattle

    2005


    031605 letter McFarland/License Unit to Spurlock, 19437 & 19911, as requested, dropped Marjorie & Jerry Spurlock, leaving James M. Spurlock
    032505 Request to BOE for Action on Water Rights Accounts, address change
    UNDATED copy of survey map, Res. #2, recalculation of capacity down to 14.48 a-f from 14.6 a-f
    UNDATED yellow worksheet, recalculation, 111.1 a-f, [ditch ?] 7.6 cfs
  • UNDATED copy of survey map, Res. #1
    101166 map, 19911 ponds & ditch to Res. #1 on topo map, ditch from SW corner of S29 where unnamed stream comes through a ridge, follows contour to res #1 in NW quarter S29

    2006


    053006 Notice of Assignment, to Michael Joseph Hester and Mary Hester, 4444 Turner Ave., Oakland, CA 510/569-4488
  • 010467 License for Diversion and Use of Water, 19911 13079 7873
  • 053106 envelope from Spurlock Ranch, 1403 County Road BB, P.O. Box 1006, Willows, CA 95988
    070706 ParcelQuest report, Glenn APN 025-130-005-0 480 acres W 1/2 & N/E 1/4 S 28 no structures
    070706 ParcelQuest report, Glenn APN 025-130-004-0 640 acres S 29 T21N R6W no structures
    UNDATED Assessor's map, 2 above parcels, PODs marked thereon
    070706 Request for WRIMS Update, change owners
    091106 letter Satkowski/Licensing Unit to Hester , changing records to Hester, 2 copies
    120106 Request to BOE for Action on water Right Accounts, change owner & address, new, Michael Hester, hester Ranch, P.O. Box 275 Stonyford, CA 95979 510/569-4488
    120405 Petition for Reconsideration and Determination of 'Water Rights Fee' Due and Joinder in California Farm Bureau Federation's Petition for Reconsideration "an invalid tax resulting from the adoption by the SWRCB of Resolution No. 2005-0069 and the emergency regulations contained therein on or about" 09/22/2005, "which adoption was pursuant to pertinent provisions of Senate Bill 1049 (SB 1049) chaptered on or about" 10/09/2003. [para] "The adoption of Resolution No. 2005-0069 was improper and unlawful for the reasons stated in the Petition for Reconsideration that California Farm Bureau Federation (CFBF) filed with the SWRCB on or about" 02/09/2004, "as well as in the resulting and pending lawsuit CFBF et al. v. SWRCB et al., Sacramento County Superior Court Case No. 04CS00473 (consolidated with Case No. 03CS01776), now on appeal before the California Third District Court of Appeal, Docket No. C050289. Further, the adoption of Resolution No. 2005-0069 was improper and unlawful for the resons stated in the Petition for Reconsideration filed or to be filed by CFBF with the SWRCB that challenges the emergency regulations contained in Resolution No. 2005-0069 and in which Petitions for Reconsideration Petitioner hereby joins. [para] Petitioner incorporates in full herein by this reference the points made in both of those Petitions and in the Complaint and briefs filed by CFBF in the above referenced lawsuit, briefly to wit: The 'Water Rights Fee' is an unconstitutional tax that deprives Petitioner of Petitioner's rights under Article XIIIA of the California Constitution, commonly known as Proposition 13, and otherwise is unconstitutional under the Due Process, Equal Protection and Taking Clauses of the United States and California Constitutions, as well as 42 U.S.C [section] 1983." [out of date sequence]
    110705 Notice of Determination, water rights fee $101.62, interest & penalty accrues if not paid by 12/07/2005

    2008


    060108 Report of Licensee for 2005, 2006, 2007 ; 2006 diverted "during rain season"; 2006 "may 1/2 - 32 a-f"; 2007 64 a-f; spilled 2006 & 7; not emptied; end of season 12' down both 2006 & 2007; 2006 50 cows, 2007 150 cows; wildlife enhancement; "we purchased the property " 05/30/2006
    Return to Stony Creek Water Wars.

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