THE STONY CREEK WATER WARS - SWRCB APPLICATION A020615

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2010, Mike Barkley (04/20/2010)
Comprehensive, Chronological INDEX of the case ; F=Filed, L=Lodged, S=Signed, R=Received

SWRCB APPLICATION A020615 - H.W. Jamieson/Fritz Mast Case Index
[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/l008551%20a020615.pdf ]

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

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

[Inside of file front cover]

Applicant: Fritz Mast and Alma Mast and Floyd L. Harlan
Address: 4 Cielo court [sic], Orinda, CA 94563

Application 20615 (pencil 10595 [not crossed off, error?, Colusa Main Drain], 18965, 20614)
Applicant: H.W. Jamieson and P.M. Jamieson, crossed off "see below"
Received 02/15/1962 o.c.
Maps Filed 02/15/1962-A
Forms Sent 05/16/1962 8, 8A, 8b;
Fee $10.00

Protests:
060462 OUWUA dism/withdrawn 07/24/1962
061562 USBR dism/withdrawn 07/24/1962

Remarks

052162 Affidavit of Posting Received

100362 Permit 13737 issued

013067 received notice of assigment to Alex Winitsky

042667 received notice of assigment to Sandy lake Company, a Limited Parnership

041067 Rept. of Insp. by F.M. Kuchta

031868 License 8551 issued & mailed to Glenn CR

042976 Records changed to show Phyllis Bostick, Sandy Lake Company & Elk Creek Associates, A Limited partnership as owners;

110289 assigned to Fritz Mast, Alma Mast, Douglas Campbell & Pamela Campbell

122391 assigned to Fritz Mast & Alma Mast, and Floyd L. Harlan;

Record of Fees:

Record of Folders

[Inside of file back cover]

Progress Data Application 20615
Use Stock Watering
Source see supplement attached to ap (34 a.f.a total)
Amount ditto
POD ditto
Right of access yes
Maps filed 2A
not in N.F.
In Investigated Area: No
Ref map II p. 22 Elk Creek
spotted on Wall Map 03/15/1962 DLS 03/15/1962 CMH In form 04/10/1962 MH.
Notices to: Reclamation w/ 2 copies

LOOSE PAPERS IN BACK OF FILE;

011968 License Route Slip, year of max use 1966 license #8551
UNDATED on Form 17-A empty quarter quarter section line grid, drawn in reservoirs #1,2,3,4,5,6,7,8,9,15
UNDATED check by CHD: Reservoirs #1 6.7 AF; #2 7.7 AF; #3 19.2 AF; #4 6.8 AF; #5 8.1 AF #6 29.3 AF; #7 1.2 AF; #8 1.0 AF; #9 5.2 AF; #10 26.2 AF ; total calculated FMK 111.5 CHD 111.4 AF
UNDATED Envelope Superseded (empty)
UNDATED topo photocopy A20615 with reservoir numbers added
UNDATED Request for Division of License; Mast & Harlan, unsigned, to 8551A, #2,4,5,7,8 & 9 28 AF, & 8551B #1,3,6,& 15, 36 AF
UNDATED taped topo photocopies A 14115, 18965, 20614 & A20615 with Ap #s & reservoir numbers highlighted, and other previous Aps thereon.

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

1962

021562 Application to Appropriate Unappropriated Water; Superseded; H.W. & P.M. Jamieson, P.O. Box 8, Elk Creek, Glenn County; see supplement; stockwatering, #1 - 14 completed on or before June 1962, construction #15 July 1662, use #15 July 1963; own the land, 4000 head cattle; downstream James Drew, Willows, Calif.

Water Right Data, all unnamed stream trib to Stony Creek, except #5 & #6, trib to Salt Creek thence Stony Creek;

#1 S6 SW 1/4 NE 1/4 T20N R6W 5 A-F #2 S4 NE 1/4 SE 1/4 6 #3 S5 NW 1/4 SE 1/4 8 #4 S4 NE 1/4 NE 1/4 8 #5 S33 SE 1/4 NE 1/4 T21N R6W 6 #6 S31 NW 1/4 SE 1/4 8 #7 S2 NE 1/4 NW 1/4 T20N R6W 4 #8 S3 SE 1/4 SE 1/4 3 #9 S10 NE 1/4 NW 1/4 8 #15 S28 NW 1/4 SE 1/4 T21N R6W 8

slip attached to front, OK to file, 02/15/1962 WGS $10 fee pd in full, 1 "A" Map
021562 receipt $5
021662 form letter Hill/SWRB to Jamieson; ap received & assigned #20615
032162 letter Hill/SWRB to Dugan/Reclamation; sending 13 Aps incl 20615
040562 letter Hill/Executive Officer to Jamieson; enclosed are copies of your ap
043062 letter Hill/Executive Officer to Jamieson; 04/18/1962 Alex Johnson letter, see #20614, can't increase #15 from 8 AF to 21.6 can't be done once the Ap is filed, needs another separate ap, recommend waiting until engineer checks all of them at permit time
051362 form Jamieson authorizes Alex Johnson
051662 letter Hill/Executive Officer to Jamieson; 3 copies of Notice, post 2 by 05/31/1962 & affidavit by 06/25/1962
UNDATED Notice of Application to Appropriate Water
051662 letter Hill/SWRB to Postmaster/Elk Creek; please post
051862 Affidavit of Posting Notice; "on the front wall of Bickford's Garage in Elk Creek" & "beside the door to the ranch office at the operating headquarters of the ranch located in the NE 1/4 NE 1/4 S9 T20N R6W MD;

051662 Notice of Application to Appropriate Water
052362 form letter Hill/SWRB to Jamieson; acknowledges affidavit
053162 Protest; Hollis, OUWUA Manager, as in 20614.htm

Exhibit A ; identical to 20614.htm

Exhibit B, list of 10 reservoirs on Ap 20615

061462 Protest; Reclamation, identical to protest in 20614.htm
062662 form letter Hill/SWRB to Larimer & Frost/OUWUA attys; received protest
062862 form letter Hill/SWRB to Dugan/Reclamation; received protest
072462 letter Hill/Executive Officer to Jamieson; received 07/02/1962 letter agreeing to protest withdrawal conditions; protests dismissed.
021562 Application to Appropriate Unappropriated Water; work copy

Water Right Data, adds columns in red

Dam Free Surface HT. Length Board Area #1 S6 SW 1/4 NE 1/4 T20N R6W 5 A-F 22.0 114 3 0.69 Acres #2 S4 NE 1/4 SE 1/4 6 12.0 165 3 1.38 #3 S5 NW 1/4 SE 1/4 8 22.3 258 3 2.87 #4 S4 NE 1/4 NE 1/4 8 12.0 150 5 1.38 #5 S33 SE 1/4 NE 1/4 T21N R6W 6 20.0 63 4 0.15 #6 S31 NW 1/4 SE 1/4 8 24.0 165 4 2.3 #7 S2 NE 1/4 NW 1/4 T20N R6W 4 30.0 198 3 1.38 #8 S3 SE 1/4 SE 1/4 3 15.0 99 4 0.18 #9 S10 NE 1/4 NW 1/4 8 9.0 111 3.6 0.3 #15 S28 NW 1/4 SE 1/4 T21N R6W 8 18.7 205 3 3.5

081562 Check for Permit
092662 Permit Terms, OUWUA Note No. 4 (c) terms become #10, #9, #8
100562 Approval for Signature, Water Right Permit; "No prior pending protested applications affected."
100362 form letter Hill/SWRB to Jamieson; apps approved, $10 please, preferably within 10 days
101562 receipt, $10
101762 letter Hill/Executive Officer to Dugan/Reclamation & Larimer & Frost/OUWUA attys; Ap 20615 permit 13737 issued to Jamieson
101762 form letter Hill/SWRB to Jamieson; enclosed is ap with Permit on the back,

1963

120463 Progress Report by Permittee for the Year 1963 ; construction completed 02/1963, spent in last 12 months $1062.52; stock watering 2838 head; "Used as stock water reservoirs only - above number of animals used water during the year."

1967

012667 letter LaBrie/Jamieson Secretary to Hill/SWRB; re Ap 20615 Progress Reports, direct to new owner, Winitsky
020667 letter Hill/Executive Officer to Winitsky; per Jamieson, changed ownership to you on 20615; Progress Report form enclosed for you to fill out; any ownership by you of 10595, 18965, 20614?
040767 notice, F.M. Kuchta will be at Elk Creek 10:00 a.m. 04/17/1967 for inspection;
042767 Report of Inspection; with Mr. Herman Huff, Ranch Manager; recommend 55 a-f/annum, red change to 64; all gravity; limiting: "10 reservoirs have a capacity of 111.5 AF"; "Spiderweb surveys of each reservoir with transit--distances by stadia, height of dams etc. by use of hand level (or transit). Reservoirs sounded from a kayak. Plotted to scale, contours drawn in and each planimetered." [to p. 2] "Some of the reservoirs extended into additional 1/16ths Sections--these were added in the request for license--Section 744 of Rules and Regulations" "Elk Cr. Associates all east of Stonyford-Newville road and Sandy Lake Development Co. all reservoirs west of that road." "Livestock drink direct from the reservoirs. Cattle are normally on this range from October or November to June." "These are strictly stockwatering reservoirs--have not been planted with fish and there is no particular recreational use. Reservoir under A-14115 near headquarters serves that purpose adequately." Use wasteful? No. "Water would waste into the ocean if it were not collected during the winter months--normal for this area. Only a very small portion of the forage available on this 8000 acre ranch could be used without these reservoirs" "From 2000 to 4000 head of cattle" "including calves"; to storage, from about 12/01 to 03/15 "(under permit--at times there is some collection earlier and some later)"; max use 1966; max diversion "In excess of 55 AF"; other rights "On this ranch: 14115 and 18965 cover 400 AF in reservoir at headquarters, A-20614 covers 6 additional reservoirs lying west [east?] of Stony Gorge Reservoir. Riparian to all unnamed streams upon which these reservoirs located--also to Stony Creek. [uh, not since the Decree] [to p. 3] "See individual reservoir sheets for calculations of capacity of each reservoir--Permit amount, actual capacity and amount recommended for license shown below:

Permit Actual Capacity Recommended Changed to, on for license Request for License Reservoir 1 5 AF 6.5 AF 5 AF 6 a-f/annum 2 6 AF 7.7 AF 6 AF 7 a-f/annum 3 8 AF 19.5 AF 8 AF 10 a-f/annum 4 8 AF 6.7 AF 7 AF 7 a-f/annum 5 6 AF 8.0 AF 6 AF 7 a-f/annum 6 8 AF 29.3 AF 8 AF 10 a-f/annum 7 4 AF 1.2 AF 1 AF 1 a-f/annum 8 3 AF 1.0 AF 1 AF 1 a-f/annum 9 8 AF 5.2 AF 5 AF 5 a-f/annum 15 8 AF 26.4 AF 8 AF 10 a-f/annum Totals 64 AF 111.5 AF 55 AF 64 a-f/annum

- 02/28/1968 "Permit 13737 does not limit the amount to be assigned to individual reservoirs, its only limitation being on the total for the 10 reservoirs that can be recommended for license. For this reason, the amounts recommended for license for Reservoirs 1,2,3,5,6, and 15 are being raised to bring the total up to the permit amount of 64 AF:
- No. 1 - 6 AF, No. 2 - 7 AF, No. 3 - 10 AF, No. 5 - 7 AF, No. 6 - 10 AF and No. 15 - 10 AF for a total of 64 AF for the ten reservoirs."
- [to p. 4] #1, Earthen fill dam 30' high to crest with 3' freeboard, full & spilling 04/12/1967; box culvert spill 12" x 14" 25' long - 1-1/4' below ground level, spill section about 1.25' above box spill; combined inflow 0.25 cfs? 6.5 AF
- [to p. 5] #2, Earthen fill dam 13' high to crest with 3' freeboard, No outlet pipe found; no inflow or outflow 04/13/1967; 7.7 AF;
- [to p. 6] #3, Earthen fill dam 22' high to crest with 3' freeboard, Water down about 1.25' at time of visit 04/14/1967, inflow 5 gpm or less. 19.5 AF
- [to p. 7] #4, Earthen fill dam about 14' high to crest with 3' freeboard, reservoir full and spilling about 0.25 cfs 04/12/1967, 6.7 AF
- [to p. 8] #5, Earthen fill dam about 20' high to crest with 3.8' freeboard; no outlet pipe but there was a 2" siphon in place over the dam; water was down 1.5' 04/18/1967 no inflow; 8.0 AF
- [to p. 9] #6, Earthen fill dam about 23' high to crest with 2' freeboard; never filled, present level is max known - 0.6' below spill point; 29.3 AF
- [to p. 10] #7, Earthen fill dam about 29' high to crest with 3' freeboard, Wide berm on downstream side at about 12'; Water was standing 7' below spillway level 04/27/1967 with indications of a high water mark about 1' above. Reservoir has never filled - watershed too small; 1.2 AF
- [to p. 11] #8, Earthen fill dam 21' high to crest 3' freeboard; reservoir down 1.3' 04/20/1967, no inflow; 1.0 AF
- [to p. 12] #9, Earthen fill dam 20' high to crest 3' freeboard; reservoir full and spilling about 0.2 cfs at time of visit; 5.2 AF; other inflow 10 gpm; spill at 0.2 cfs entry point
- [to p. 13] #15, Earthen fill dam 18-1/2' high to crest 3' freeboard; full and spilling about 0.5 cfs 04/24/1967; 26.4 AF
- [to p. 14] "Remarks. The matter of ownership of the reservoirs covered under this filing can be somewhat confusing. The original 8000 acre (+ or -_ Jamieson Ranch was sold by the Jamiesons about two years ago to two (or more) groups of land speculators. The two groups specifically concerned in this matter are Elk Creek Associates and Sandy Lake Development Company--both c/o Alex Winitsky in Beverly Hills. [para] All of the land of the original ranch lying west of Stonyford- Newville road is owned by Sandy Lake Development Company. This includes the ranch headquarters and the 400 AF reservoir covered under Applications 14115 and 18965 as well as Reservoirs 1,2,3,4,5,6, and 15 covered under this application (20615). [para] Reservoirs 7,8 and 9 (A-20615) are owned by Elk Creek Associates as well as all of the reservoirs covered under Application 20614. Needless to say, in the division of the ranch Sandy Lake Devleopment Company acquired the land lying west of Stonyford-Newville Road (believed to be something over 4100 acres). [para] The only reservoirs of this group that normally go dry before fall are 7,8 and 2. The ranch manager, Mr. Huff, is concerned only with a supply of water for 2000 to 4000 head of cattle. He was definite about the reservoirs that go dry, but he has little or no interest in the amount that the others may have been drawn down by the end of the season--as long as they are still capable of furnishing a supply for the cattle. Under the circumstances it is not possible to even estimate a total drawdown figure. [para] The only reservoirs which extend into 1/16th sections not mentioned in the application are reservoirs 3,6 and 9. The only error noted in descriptions of the points of diversion is in connection with the description of the point of diversion of Reservoir 15--it is located about 2400 feet west of SE corner of Section 28 rather than east of the section corner as shown on application. [para] Some of the reservoirs are equipped with outlet pipes and some of them are equipped with permanent siphons (as shown on each individual map). Mr. Huff is aware that they could be required to by-pass water at other reservoirs by plowing a furrow around the reservoir or by installing siphons although in the 10 to 20 years these small reservoirs have been in use there has been no complaint."
- Photos: #1 1959 Ford Stationwagon; 2,3,4,5, 6 - kayak on trailer behind 6-wheel ATV, 7, [no #8], 9, 15 with kayak & ATM;

050367 letter Hill/Executive Officer to Winitsky & Sellers; acknowledge 04/25/1967 letter, changed 14115, 18965, 20615 to Sandy Lake Company, a limited partnership, 20614 to Elk Creek Association, a limited partnership; [before inspection report]
063067 Request for License
021562 Application to Appropriate Unappropriated Water; permit copy

"Received Notice of Assignment" sheet

Water Right Data,

Form 61-A Important (Please Read Carefully) sheet
011968 Check for License
022868 Staff Recommendation for Water Rights License
031868 License for Diverison and Use of Water;

031968 Certification of attached License

1969

100169 Report of Licensee for 1967, 1968, 1969; used every month; max storage 9 feet down; end of season 15 feet down; 200 head Commercial; hunting;

1972

122172 Report of Licensee for 1970, 1971, 1972; used every month except June - Sept; spilled 1970 & 1971, not 1972; 1200 head "Commercial";

1975

120575 Report of Licensee for 1973, 1974, 1975; spilled 1973 & 1974, not yet 1975; "#8551 Subject Reservoir, This Res. was taken over by Mrs. Phillis Bostick...St.Helena...This Res strickly [sic] for Cattle only."

1976

032476 letter Page/Supervising Engineer to Bostick; per reports from Mr. Huff, changing ownership licenses 8550 & 8551 (Aps 20614 & 20615) to Phillis Bostick, within 30 days unless hear otherwise
040276 letter Page/Supervising Engineer to Bostick; per 03/25/1976 phone call, enclosed are topos showing reservoirs, & copies of the licenses

040776 handwritten "Enclosures sent under separate cover"
042976 letter Page/Supervising Engineer to Bostick; re her 04/20/1976 visit; changing 8551 to Bostick, Sandy Lake, & Elk Creek; 8550 to Elk Creek; 8688 & 7202 Bostick & Sandy Lake

1978

121878 Contact report Bostick called W.C. Smith; asked for copies of the 3 licenses, Elk Creek Associates sold, will ask them to let the Division know; she now in Pacific Grove

1979

010979 Report of Licensee for 1976, 1977, 1978; used every month except Jun-Oct 1976, Jun-Dec 1977 & 1978; spilled? don't know; 400 Herefords; by Phyllis Bostick
032979 Report of Licensee for 1976, 1977, 1978; not another copy; used every month except July-Oct; 4 ft down at max; dry 1976 & 1977, 10' down, 1978 end of season; 100+ beef cattle; by A.H. Huff for Sandy Lake

1983

042683 Report of Licensee for 1980, 1981, 1982; used every month except June -Aug 1980 & 1981, July-Aug 1982; did not fill any year; not quite dry every year; 500 head cattle & horses 1980, 500 to 800 1981 & 1982; some answers crossed off & changed?; conservation, "livestock only"; erosion: "poision [sic] squirrels"; "if this is the pond on (Stony Gorge lake side of ranch) it held more cattle part of the months & are moved about also moved to feed lot Willows area & more moved in - unable to get a count at all times - send maps of location" Margarite Reidy, Caretaker

1986

102786 Contact Report Mr. Bernard Doorman & L. Espinoza; he is the Sandy Lake rep, send him the forms to complete, send him a copy of 1980-81-82
110186 Report of Licensee for 1983, 1984, 1985; used every month except June - Aug; spilled every year; below spillway? "just filled"; stock 500 - 800 cattle - horses; domestic 3 persons/3 acres garden; swim, boat, fish; conservation "livestock only"; erosion "poison squirrels"

1989

051189 contact report Fritz Mast called John O'Hagan; same as in 14115.htm
UNDATED Report of Licensee for 1986, 1987, 1988; used only May - Nov 1988;
041989 letter O'hagan/Associate WRC Engineer to Mast; changing ownership to you for 14115, 18965, 20614, 20615 unless hear otherwise within 30 days; enclosed are copies of licenses for you, & topos showing reservoir locations
031868 License for Diversion and Use of Water; Ap 20615, a copy
110289 letter O'Hagan/Associate WRC Engineer to Mast & Campbell; Mr. Mast informs that not all of #20615 reservoirs are on his portion; it looks like #1,3,6, & 15 are on Campbell, and 2,4,5,7,8, & 9 are on Mast; changing records unless hear otherwise within 30 days;

1991

102991 Grant Deed, Western Farm Credit Bank to Floyd L. Harlan; 3 very tight pages of land descriptions; mentions a judgment quieting title in "Phyllis M. Bostick, plaintiff, vs Sandy Lake Company, a limited partnership, et al." dated 09/08/1976;
121691 F letter Harlan/Harlan Ranch Company to "gentlemen"; acquired some of the property permit #13737 lic #8551 & would like it transferred to his name, enclosed copy of the deed & the license for diversion, was Douglas Campbell property.
UNDATED map form 17-A, quarter quarter grid showing split of reservoirs between Harlan & Mast
122391 letter Okada/Permit & License Unit to Harlan; will show License as joint with Mast; "you may wish to separate your interest and request a split"; no fee for that

1992

011992 Report of Licensee for 1989, 1990, 1991; used every month except July - Nov 1989 & 1990, Jan - Feb & June - Dec 1991; did not spill; 25% full each year; emptied 1989 & 1990, not 1991; 1 - 2 feet left 1991; 400-450 cattle 1989 - 1990, 380 cattle 1991; erosion: "squirrel controll [sic]"

1995

041295 Report of Licensee for 1992, 1993, 1994; used every month except June - Oct; leaked & evaporated; stock 500 pair;

1997

042397 Report of Licensee for 1994, 1995, 1996; 27 AC-FT only in Mast Ranch; used every month except June - Oct 1994 & 5, July - Oct 1996; no spill 1994, spilled 1995 & 1996; max storage 1994 2' down; end of season 1994 7 feet, other 2 years 6 feet; 500 pair 1994 & 1995, 800 head 1996; domestic 3 persons; "approx 36 AC-FT are in Harlands [sic] Ranch; Pond 1,3,6, & 15 are not in my Ranch."
051297 letter Okada/Div WRights to Mast; your reports, you request revocation of Ap. 20614 license 8550, will forward; showing undivide interest in 14115 License 7202 with Harlan; you indicate 1,3,6 and 15 (36 A-F) are on Harlan - if you want a license split fill out the enclosed form, no fee for that;
051697 contact report Mast called Okada; request to revoke 20614 in error; & #5 is on Mast;

2000

040100 Report of Licensee for 1997, 1998, 1999; "West & east of Stony Creek but not Frudo [sic] Valley"; used every month, spilled every year, 5-6' down end of season; 80-120 head of stock;

2003

100303 Report of Licensee for 2000, 2001, 2002; "Life stock use from Dec to May", used every month, spilled every year, cows & calf 80 - 120 head;

2004

010804 bill water rights fee $100.00

2006

040506 Report of Licensee for 2003, 2004, 2005; "Life stock Dec - May"; use every month, spill every year, Lifestock, Wildlife, "The Mast Family Ltd. Partnership";

2009

051009 Report of Licensee for 2006, 2007, 2008; "Dec 15 - May 31st"; use every month, spill every year, cows & calves, Wildlife;

Return to Stony Creek Water Wars.

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