THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2001, Mike Barkley

The printed and published Decree Book - THE DECREE - January 13, 1930

[ The 1928 published and distributed Decree Book was a draft. The decree portion was reprinted separately with changes after the January 13, 1930 signing. This is a transcription from the January 13, 1930 version, with April 14, 1930 ink changes as are noted on the court's copy.

I set up the transcription with a pass through an OCR program and then cleaned it up page by page. In the other two parts, the brief & the findings, I'm still finding OCR glitches so there may be similar errors remaining here although I've done a more thorough job of proofreading this Decree copy. Consult the original if it is critical. I've made every effort to present the content precisely, but not the form. If you find mistakes, please point them out. I've found mistakes in the printed package, such as those on p. 115 below, so don't accept the legal descriptions of land without question.

This presentation is in straight text without elaborate formatting. Any editorial comments by me are contained within brackets, "[]", which you may delete easily after downloading the "page source" to your own editing software. The version I have of Netscape does not allow downloading "page source", but the version I have of Explorer does.

It's sad to read through this list, with the names of so many relatives and neighbors. To the casual reader it may seem like just a list of names and incomprehensible numbers, but to me and the rest of the Stony Creek Riparians, it's a death roll of real people and real ranches, doomed forever to privation and economic and personal failure by a ruthlessly profiteering Federal Government.

DECLARATION

My name is Michael J. Barkley. My address is 161 N. Sheridan Ave. #1, Manteca, San Joaquin County, California. I am successor in interest to named defendants D. H. Masterson, Mrs. D. H. Masterson, James Masterson and Frank (F. P.) Masterson in this case. I have scanned and transcribed this Decree from a photocopy I made of the final signed Decree on file with the Court. I declare that the transcription herein and the exhibits included are as true and accurate a transcription of text and display of Exhibits as I can possibly make them. This declaration is made by me on July 29, 2001, at Manteca, San Joaquin County, California. To reaffirm this Declaration, telephone me at (209) 823-4817.

[ TABLE OF CONTENTS ]
[ Page ]
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1 --- . . . . . . . . . . . . . [ Case heading - full case name ]
6 --- DECREE
6 --- DISMISSALS AND DECREE ON DISCLAIMERS AND ORDERS PRO CONFESSO; FAILURES IN PROOF.
6 --- I. . . . . . . . . . . . [ dismissal of State of California & dismissal of others not proper or necessary parties defendant, without barring claims ]
7 --- II. . . . . . . . . . . .[ dismissal of parties with no ownership in the watershed, barring all claims ]
8 --- III. . . . . . . . . . . [ discussion of SCHEDULES A & B, barring all claims ]
9 --- SCHEDULE A. [ filed disclaimer, lands touched by stream(s) named in schedule ]
24 -- SCHEDULE B. [ filed disclaimer, lands not touched by stream(s) named but which are possible sources of supply ]
26 -- IV. . . . . . . . . . .[ discussion of SCHEDULES C & D, barring all claims ]
28 -- SCHEDULE C. [ no answer, lands touched by stream(s) named in schedule ]
92 -- SCHEDULE D. [ no answer, lands not touched by stream(s) named but which are possible sources of supply ]
106 - V. . . . . . . . . . . [ discussion of SCHEDULES E & F, barring all claims ]
108 - SCHEDULE E. [ answered, but no evidence tendered to support claims]
115 - SCHEDULE F. [ answered, but tendered proofs insufficient to support claims ]
116 - . . . . . . . . . . . . .[ Huffmaster domestic use & stock watering stipulation ]
117 - VI. . . . . . . . . . .[ Reiterates the bar of claims for II, III, IV & V ]
118 - VII. . . . . . . . . . APPROPRIATION RIGHTS OF DEFENDANTS [ discussion of Appropriation Schedule ]
121 - .PDF EXHIBIT - "Appropriation Schedule" and "Index - Appropriation Schedule"
135 - . . . . . . . . . . . . . [ content of "Index - Appropriation Schedule" ]
137 - THE RESERVED AND APPROPRIATION RIGHTS OF PLAINTIFF FOR ORLAND PROJECT
137 - VIII. . . . . . . . . . [ recitation of project rights ]
142 - . . . . . . . . . . . . . [ excess rights awarded Orland Project during initial reclamation & beneficial uses entitled to excess under p. 143 Loophole ]
143 - . . . . . . . . . . . . . [ excess entitlement Loophole, referring back to p. 142 ]
143 - .PDF EXHIBIT - "Project Land Schedule.", "North Side Schedule.", "HALL LANDS", "SCEARCE LANDS"
146 - . . . . . . . . . . . . . Hall Stipulation.
149 - . . . . . . . . . . . . . Scearce Stipulation.
152 - .PDF EXHIBIT - "Stony Creek Land Schedule" & "Lemon Home Land Schedule."
153 - . . . . . . . .. . . . . Commencement of This Suit as Against Certain Defendants. [ see pp. 140, 141, 167 regarding timing of certain rights by prescription to which this list applies ]
153 - IX. . . . . . . . . . . [ release & conveyance of East Park Reservoir waters ]
154 - X. . . . . . . . . . . .Indian Rights of Plaintiff,
156 - XI. . . . . . . . . . . [ priorities of Indian rights, etc. ]
156 - . . . . . . . . . . . . . [ Orland Project Irrigation Season ]
157 - . . . . . . . . . . . . . [ Grindstone Indian Reservation Irrigation Season ]
157 - RIPARIAN RIGHTS OF CERTAIN DEFENDANTS
157 - XII . . . . . . . . . ..[ discussion of Riparian Schedule ]
161 - .PDF EXHIBIT - "Riparian Schedule"
165 - . . . . . . . . . . . . . [ names listed on Riparian Schedule ]
166 - XIII. . . . . . . . . . [ further limits on Riparian Schedule rights ]
168 - XIV . . . . . . . . . .APPROPRIATION RIGHTS OF GLENN-COLUSA IRRIGATION DISTRICT.
170 - Glenn-Colusa Stipulation.
173 - GENERAL PROVISIONS.
173 - XV. . . . . . . . . . .[ beneficial use; irrigation season; rotation ]
176 - XVI. . . . . . . . . . [ Water Master powers & duties ]
177 - XVII. . . . . . . . . .[ yet another reiteration barring claims; costs of suit; Special Master & reporter fees; continuing jurisdiction ]
179 - . . . . . . . . . . . . . .[ signature page ]
- - - - . . . . . . . . . . . . . .[ irrigation seasons in the Decree ]

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[on cover, printed? rubber stamp?]
CORRECTED DECREE

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IN THE

Northern Division

OF THE

United States District Court

FOR THE

Northern District of California

Second Division

THE UNITED STATES OF AMERICA,
Plaintiff,

VS.

H. C. ANGLE, et al.,
Defendants.

IN EQUITY
No. 30

THE UNITED STATES OF AMERICA,

Plaintiff,

vs.

H. C. Angle, John M. Adams, John Francis Ahern, A. Alexander, Chas. Alexander, A. M. Anderson, V. V. Apperson, Administrator of the Estate of John A. Apperson, deceased; T. H. Atkins, J. E. Ayer, F. Bagetelo, J. L. Baird, O. A. Baird, Mark Bailey, Bank of Willows, C. W. Barker, Elizabeth M. Barker, Frank M. Barker, E. M. Bartholomew, A. C. Bayley, John Bedford, L. Bedford, M. G. Bedford, R. T. Bedford, Peter V. Berkey, D. V. Besser, A. R. Bickford, E. F. Bickford, Geo. M. Bickford, O. F. Bickford, Joseph M. Billiou, Leona S. Billiou, Richard J. Billiou, Thomas Bishop Company, Glen H. Blake, R. E. Blevins, W. W. Boardman, Samuel A. Boles, Chas. Bond, Dave Bond, G. C. Bond, Immer Bond, John Bond, Martin Bond, E. W. Bradley, G. A. Bradley, I. W. Bradley, Harry N. Brittan, J. L. Brittan, James O. Brittan, Alex. Brown, D. A. Brown, Genevieve H. Brown, I. L. Brownell, L. E. Brownell, Mrs. L. R. Brownell, R. H. Brownell, A. E. Brune,

2

Morrison E. Bryan, Mark Bailey Bump, Celia G. Burnham, E. W. Burnham, Aura C. Burrows, Charlotte T. Burrows, I. A. Burrows, Chas. Butler, E. T. Butler, H. A. Butler, Butte County Savings Bank, James Byers, Lily Hall Cameron, M. H. Carlton, Administrator of the Estate of Annie Shaddock, deceased; F. M. Carroll, Elizabeth D. Case, Julia E. Casper, P, S. Castleman, John Cavalier, Jr., Central Pacific Ry. Co., D. C. Chambers, J. J. Chambers, Guiseppi Chasseur, Leontine Chasseur, Henry Chastain, Amos B. Chester, Bert C. Chester, J. L. Ciley, Kate M. Ciley, Geo. Clark, Irene Clark, J. R. Clark, Nora Clark, Willard Clark, A. W. Cleek, J. S. Cleek, Margaret S. Coley, Chas. Collins, Conklin Bros., A. Conklin, M. L. Conklin, Wells Conklin, Mary A. Conlon, Cook Springs Mineral Water Co., Mary E. Cook, A. W. Cooper, W. B. Cooper, G. L. Crawford, Fred H. Crook, John Crosett, C. L. Crum, L. M. CuIver, C. Cushman, F. N. Cushman, H. S. Cushman, J. C. Cushman, L. R. Cushman, L. V. Cushman, Edward Davis, Myrtle G. Davis, Mary E. Decker, W. D'Egilbert, J. Devorst, Walter Dickson, J. Diefenbach, M. L. Dimmick, H. B. Dixon, Isaac M. Dixon, Mollie Dodd, Wm. Dodd, C. (Charles) L. Donohoe Company, Thos. Dougall, Jas. Dougherty, Jas. E. Drew, J. H. Driscoll, J. F. Durham, J. Homer Durham, J. M. Eastby, J. L. Edwards, J. T. Edwards, Jas. W. Edwards, C. H. Ehorn, Geo. C. Ellis, John C. Ellis, Melinda Ellis, Virginia Ellis, Eliza J. Engraham, Henry Engraham, S. A. Ervin (Stewart A. Ervin), Esperanza Land Corporation, Thos. Fairlee, R. F. Farris, Eugene Fately, I. L. Feightner, R. A. Fellows, Dora A. Fender, Johnson Fender, Finnell Land Co., John S. Finnell, Simpson Finnell, Zeller C. Finnell, Justin Firmignac, John Fitzpatrick, Anna Flanagan, Francis D. Flanagan, J. A. Flanagan, Joseph J. Flanagan, Geo. W. Fletcher, J. L. Flood, John T. Flood, L. H. Flood, L. V. Flood, Joel Ford, W. F. Forman, W. P. Forman, Fout Springs Co., W. J. Foutch, Freedman Bros., Geo. R. Freeman, Administrator of the Estate of W. H. Markham, deceased; M. Friday, Sarah Friday, L. R. Frisbee, Fruto Land & Improvement Co., N. H.

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Garrison, W. W. Gatliff, Stella Gibbons, Geo. R. Gillaspy, Glenn Colusa Irrigation District, Anna B. Glenn, C. H. Glenn, W. A. Glenn, M. Golden, Alvin Gollnick, Aug. Gollnick, Leonard W. Gollnick, R. A. Gordon, D. E. Goulding, F. A. Graves, John H. Graves, L. B. Graves, W. R. Graves, Carl Green, Ira Green, P. H. Green, S. N. Green, W. A. Greenwood, C. W. Griffin, E. R. Griffin, W. H. Griffin, Laura Bell Griffith, S. Haines, Chas. M. Hall, Geo. M. Hall, Gertrude C. Hall, J. J. Hall, W. R. Hall, Mrs. H. Hamilton, Oswald Handlos, John Hanson, Peter Hanson, John Harbison, J. L. Hardin, R. M. Hardin, Ed. Harkness, G. B. Harlan, W. F. Harlan, James Harman, Reuben Hartman, H. C. Haskell, Volney Hayton, H. Hayward, M. A. Hayward, K. G. Heard, Henderson Longton Co., W. G. Henneke, Frank Hickok, Callie E. Hightower, F. C. Hill, S. A. Hineline, Geo. Hoag, Hochheimer & Co., A. Hochheimer, Geo. Hoering, Annie Hoever, Josephine A. Holt, G. E. Hook, F. Houghton Co., F. Houghton, H. H. Houston, Administrator of the Estate of Lucy Houston, deceased; J. W. Howell, L. Huffmaster, Louisa M. Hulen, John Hull, Edgar Hunter, Ellen Hunter, Byron Ivory, Chas. Jaeger, James Mills Orchards Corporation, C. E. Jameson, Robert Jameson, Robt. E. Jeffres, Elizabeth Jensen, John Johannsen, John O. Johannsen, Wiebeke Johannsen, C. J. Johnson, A. Z. Jones, P. A. Jones, R. T. Jones, H. B. Julian, Lee Julian, Susan A. Julian, Wm. Julian, E. C. Kaerth, Andrew Kaiser, Wm. Kaiser, M. V. Kallock, Kate Karrier, G. W. Keller, H. R. Keller, J. R. Kennedy, R. P. Kennedy, Annie M. Kesselring, F. M. Kesselring, Lucy Kimel, F. M. Kirkpatrick, J. L. Kirkpatrick, Margaret Kirkpatrick, Rebecca Kirkpatrick, R. L. Kirkpatrick, H. D. Knight, J. E. Knight,. Alex. Kraft, Philip D. Krantz, Wm. Kraus, Chas. A. Krohn, F. W. Laughlin, Ed. Franklin Laux, Fred Laux, Jr., Katherine Laux, J. J. Lea, F. S. Lewis, Frank W. Lewis, Geo. D. Lewis, Geo. W. Lewis, Olive Lewis, A. E. Lindstrom, F. Locastelli, C. W. Lovelace, Alice M. Lovelady, Annie Evans Lovelady,

4

T. F. Lovelady, Wm. J. Lovelady, C. A. Lucas, Ellen Lucas, J. P. Lucas, Roy Lucas, Zacharias Luce, Della Ludlow, Etta Lund, Oscar E. Lundgreen, Lillie Lyons, Mary Lyons, William Lyons, J. N. Mahan, R. H. Mahoney, Pearl Makinney, J. F. Mallon, M. Malonson, E. B. Mann, L. E. Mann, J. H. Manson, Mrs. J. S. Manson, Linda Manson, Administratrix of the Estate of J. H. Manson, deceased; D. A. Markham, G. W. Markham, W. H. Markham, Edith C. Martin, Ira C. Martin, G. L. Mason, D. H. Masterson, Mrs. D. H. Masterson, Frank Masterson, James Masterson, Kendrick Masterson, James Mathews, H. Mayfield, James McCall, Mary J. McCune, Edith McGahan, Edith McGahan, Administratrix of the Estate of R. L. Walkup, deceased; Mrs. I. W. McGahan, I. E. Mecum, M. Mendenhall, May Z. Merrill, Mrs. M. J. Merriwether, Chris. Mikkelson, Elizabeth Miller, H. Miller, J. C. Miller, L. W. Miller, Henry Milligan, A. J. Millsaps, Alvin C. Millsaps, Ann Millsaps, Byron Millsaps, Chas. Millsaps, Dora Millsaps, F. M. Millsaps, G. W. Millsaps, James Millsaps, J. W. Millsaps, Trustee; John H. Millsaps, John H. Millsaps, Administrator of the Estate of A. J. Millsaps, deceased; John W. Millsaps, Jos. Millsaps, Mary C. Millsaps, Morilla Millsaps, Orin L Millsaps, Martin Mirande, J. C. Mogk, Montague & Faxon, Irma Moon, Pruda Moon, James M. Morris, John M. Morris, Preston Morris, T. W. Morris, W. A. Morris, Josephine A. Morrison, Wm. Mott, Perry Mulford, America Hall Murdoch, H. M. Nelson, J. A. Nelson, Salvina C. Nelson, Mary Ann Newton, W. C. Newton, P. M. Niesen, Wm. Niesen, J. D. Nordyke, Northern Electric Ry. Co., J. M. Nye, D. J. Oaks, James O'Brien, M. O'Keefe, Mary O'Leary, P. O'Leary, Tim O'Leary, Orland Land Company[,?] S. F. Paine, Albert Papst, Ida Papst, J. R. Parkhurst, Trustee; Olive Scearce Parsons, Chas. F. Pearson, Mathias Pedersen, E. C. Phelps, E. K. Peirsol, S. Pinkerson, C. W. Pitcairn, Chas. Powell, Mary Powell, Mrs. J. A. Price, Harvey E. Provence, A. L. Province, Elvira R. Province, Mary E. Province, C. B, Purington, Charlotte R.

5

Raglan, S. A. Ralston, H. G. Rawlins, D. P. Ray, Geo. Ray, Elizabeth J. Rees, John S. Rees, Emma Retzloff, Geo. Retzloff, Eugene K. Reynolds, Administrator of the Estate of Isidore Reynolds, deceased; Isabel E. Reynolds, Dan Rice, Ida Leona Rice, Elisha Rich, Lucinda Rich, Charles H. Ridley, Harrison B. Riley, I. L. Robertson, Jas. Roden, Walter Roden, Eliz. A. Rodgers, Rosedale Realty Co., M. Rosenberg, Maurice Rosenthal, Wm. Roser, Kate Rowecroft, Robt. Rowecroft, Ruby King Mineral Paint Co., Sacramento Valley Irrigation Co., Sacramento Valley Sugar Co., Sacramento Valley West Side Canal Co., Minnie L. Sadler, J. S. Sale, W. J. Salisbury, Carrie Sanford, S. Savio, James W. Sawyer, L. Scearce, Mary J. Scearce, W. E. Scearce, Barbara Schmitzer, L. S. Scott, B. N. Scribner Co., J. A. Scribner, J. A. Scribner, Administrator of the Estate of G. W. Lantz, deceased; Maude C. Sehorn, James Seros, Rose Servel, Administratrix of the Estate of Fred Servel, deceased; Annie Shaddock, A. M. Sharp, Robert Sharp, Clarissa Shaw, Jennie T. Shelton, Ray Shively, Bertha A.Shults, E. C. Shults, Leland Shults, Alma Silver, Elmer Silver, J. F. Silver, S. M. Silver, C. L. Simpson, Z. E. Simpson, Isaac Skidmore, E. E. Smith, F. & A. M. Snow Mountain Lodge, C. T. Soeth, Geo. Soeth, John H. Soeth, A. N. Soliss, W. E. Squires, State of California, Henry Steinbach, Henrietta Steinegger, Wm. Steward, H. R. Stewart, John Stice, Geo. C. Stites, J. F. Stites, Rufus G. Stites, W. H. Stites, E. B. & A. L. Stone Co., Stonyford Catholic Church, Stonyford Dunkard Church, J. A. Stout, Stovall-Wilcoxson, Chas. Strawn, Fred E. Strawn, C. E. Studybaker, Superior California Farm Lands Co., B. H. Sutliff, Ellis A. Sutliff, Emily Sutliff, G. W. Sutliff, Jos. M. Tanson, M. A. Tanson, F. T. Taylor, Geo. N. Taylor, Jessie Taylor, Administratrix of the Estate of W. S. Taylor, deceased; J. F. Taylor, W. S. Taylor, Paul Teilh, Chas. A. Templeton, J. G. Tenney, J. Thomas, D. L. Thornberg, J. A. Topping, C. H. Totman, Geo. Trank, A. J. Triplett, Abe L. Triplett, Eliza Troxel, Frank

6

W. Troxel, Jessie E. Troxel, Lloyd Troxel, I. E. True, E. H. Tryon, C. E. Turner, Matt Urjevich, A. P. Valine, Geo. Vanderford, J. Van Scyoc, Amelia G. Van Syckle [sic], Henry H. Van Scykle [sic], A. P. Wakefield, Jesse Walcott, Arthur Walkup, Guy Ward, W. W. Warnick, T. W. Waysman, Marguerita Williams Welch, Roy Welch, F. J. Wells, A. T. Welton, Ida M. Welton, Henry Werth, May E. Werth, Jacob Wertheimer, Leo Wertheimer, Administrator of the Estate of Jacob Wertheimer, deceased; Frank S. West, Katie West, D. J. Westapher, Emma Westapher, Geo. Westapher, A. J. Westcamp, Frank Whalley, Chas. E. White, Emma Wicher, W. C. Wicher, Oliver P. Wiggins, A. E. Williams, J. C. Williams, J. H. Williams, Frank Wilson, Administrator of the Estate of S. Wilson, deceased; S. Wilson, Mary E. Wise, F. C. Wood, G. W. Wood, J. A. Wood, R. H. Yearnshaw and C. F. Young,
Defendants.

DECREE.

This cause came on to be heard at this term and was argued by counsel, and thereupon, upon consideration thereof, it was ordered, adjudged and decreed as follows, viz:

DISMISSALS AND DECREE ON DISCLAIMERS AND ORDERS
PRO CONFESSO; FAILURES IN PROOF.

I.

That by order of this court of June 24, 1922, this suit and the amended complaint herein were dismissed as to defendant State of California; that as to the following named defendants, it is determined and adjudged that they and each of them are not proper or necessary parties defendant in this cause, and this suit and the amended complaint herein, upon motion of plaintiff duly made in open court, are hence dismissed as to them and each of them, to-wit:

7

Mark Bailey, O. A. Baird, Geo. M. Bickford, G. C. Bond, E. W. Bradley, Genevieve H. Brown, A. E. Brune, Mark Bailey Bump, Irene Clark, J. R. Clark, Mary A. Conlon, A. W. Cooper, James Dougherty, W. P. Forman, L. R. Frisbee, S. Haines, John Hanson, Peter Hanson, H. Hayward, Geo. Hoag, Geo. Hoering, Robt. E. Jeffres, Elizabeth Jensen, C. J. Johnson, H. B. Julian, Rebecca Kirkpatrick, Phillip D. Krantz, Chas. A. Krohn, F. S. Lewis, P. Locastelli, Etta Lund, R. H. Mahoney, Ira C. Martin, M. Mendahall, May Z. Merrill, H. Miller, J. C. Miller, L. W. Miller, A. J. Millsaps, Josephine M. Morrison, W. C. Newton, M. O'Keefe, J. R. Parkhurst, Trustee, C. W. Pitcairn, Dan Rice, Lucinda Rich, L. Scearce, L. S. Scott, Annie Shaddock, A. N. Soliss, Wm. Steward, Charles Strawn, W. S. Taylor, D. L. Thornberg, Henry R. Van Scycle [sic], W. W. Warnick, T. W. Waysman, Jacob Wertheimer, Leo Wertheimer, Administrator of the Estate of Jacob Wertheimer, deceased; J. C. Williams, S. Wilson, J. A. Wood and C. F. Young.

II.

That the following named defendants and each thereof do not have or own, and they and their assigns and successors in interest are debarred and estopped from claiming or asserting any right, title or interest in or to any of the waters or use of any of the waters of Stony Creek or its tributaries as against any of the parties plaintiff or defendant herein, their assigns or successors in interest, or their rights as same are decreed herein, to-wit:

A. M. Anderson, L. Bedford, Walter Dickson, Ira Green, Volney Hayton, Ellen Hunter, administratrix of the Estate of Genevieve H. Brown, deceased; Chas. (Charles) Jaeger, Katherine Laux, C. A. Lucas, John M. Morris, Preston Morris, James O'Brien, James W. Sawyer, Ray Shively, S. M. Silver, H. R. Stewart,

8

J. F, Taylor, J. Van Scyoc, Roy Welch, Emma Wicher and W. E. Wicher.

III.

That the defendants named in Schedules A and B set out below and made part hereof, by the presentation and filing of disclaimers in this cause, waived and surrendered any and all right, title and interest in and to the waters of Stony Creek and its tributaries which they had or might or could have or represent therein; that the lands described under each defendant's name in said schedules were owned by such defendant, or by the person or estate represented by him when sued in a representative capacity herein, at the time of the service of the original process upon him and of the making and filing of his disclaimer herein, except as otherwise stated and now determined and adjudged in the notes appearing in said schedules under the names of certain of said defendants; that the lands of each of the defendants named in Schedule A or some part or parcel thereof were at such times and are now in each instance touched or traversed by the stream or streams of the Stony Creek system described under his name in said schedule (the designation "tributary" being used for tributaries without names); that the stream or streams described under the name of each of the defendants listed in Schedule B, at the times of service of original process and of disclaimer as aforesaid, were possible sources of supply for the irrigation of or other use upon the lands owned by him as aforesaid, but did and do not touch or traverse same or any part thereof; that in occasional instances tributaries of the Stony Creek system other than those de-

9

scribed in Schedules A and B may touch or traverse the described lands, or some part thereof, particularly when situate in the higher reaches of the watershed, although no definite proof thereof is available in this cause; that the defendants named in said schedules do not have or own, and they and their assigns and successors in interest are debarred and estopped from claiming or asserting--as against any of the parties plaintiff or defendant in this cause, their assigns or successors in interest, or their rights as same are decreed herein--any right, title, or interest, for or on account of the lands owned by them or any part thereof or otherwise, in or to the waters of the stream or streams which touch or traverse said lands or are possible sources of supply therefor as above described, or in or to any of the waters or use of any of the waters of Stony Creek and its tributaries, whether same touch or traverse said lands or are possible sources of supply therefor or otherwise:
SCHEDULE A.

1
Name: JOHN F. AHERN.
Stream: Stony Creek.
Description of land: E 1/2 SE 1/4 Sec. 16, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

2
Name: JOHN BEDFORD.
Stream: Stony Creek.
Description of land: Set out in finding as to M. G. Bedford.
Note: No land in Stony Creek watershed on record in his name. Record title to land in name

[p.] 10

of his wife, L. Bedford, who answered. Defendant M. G. Bedford substituted for L. Bedford and proof submitted.

3
Name: M. G. BEDFORD.
Stream: Stony Creek.
Description of land: All that part of S 1/2 NE 1/4 and N 1/2 SE 1/4 Sec. 9, T. 20 N., R. 6 W., M. D. B. & M., lying east of Stony Creek, containing 89 acres more or less; County of Glenn, State of California. (See answer of defendant, L. Bedford.)
Note: Was renter only at date of disclaimer. Subsequently acquired land from and was substituted for defendant L. Bedford, and submitted proof in support of claim of right for 12.1 acres thereof.

4
Name: R. T. BEDFORD.
Stream: Grindstone Creek.
Description of land: NE 1/4 (or lots 1, 2, 9 and 10), N 1/2 SE 1/4, (or lots 11 and 12), SE 1/4 SE 1/4, (or lot 20), Sec. 18; NE 1/4 NE 1/4, (or lot 1), Sec. 19; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant filed answer, submitted no proof and subsequently filed disclaimer.

5
Name: JOSEPH M. BILLIOU.
Stream: Stony Creek.
Description of land: Beginning at a point in the center line of Stony Creek on the south line of the property of R. T. Jones and 432 feet west of a large oak tree heretofore used as a starting point in the descriptions of said property; thence east along the south line of said Jones property

[p.] 11

one and one-quarter miles more or less to the west bank of the Billiou slough; thence southerly and easterly along the bank of said slough to its intersection with the north line of the property heretofore conveyed to Annie Hoever; thence west along the north line of the property of said Annie Hoever two miles more or less to the center line of Stony Creek; thence northerly along the said center line of Stony Creek to point of beginning; containing 430 acres more or less; being a portion of the Capay Rancho, County of Glenn, State of California.

6
Name: SAMUEL BOLES.
Stream: Little Stony Creek.
Description of land: S 1/2 S 1/2 Sec. 33; S 1/2 SW 1/4, or Lots 13 & 14, Sec. 34, T. 18 N., R. 6 W., M. D B. & M., County of Colusa, State of California.

7
Name: D. A. BROWN.
Stream: Stony Creek.
Description of land: SW 1/4 NE 1/4, W 1/2 SE 1/4, E 1/2 W 1/2, W 1/2 NW 1/4, Sec. 9, T. 22 N., R. 3 W., M. D, B. & M., County of Glenn, State of California.

8
Name: E. W. BURNHAM.
Stream: Elk Creek.
Description of land: Beginning at a stake 24 rods due west from SE corner of NW 1/4 Sec. 9, T. 20 N., R. 6 W., M. D. B. & M., thence due west 28 rods; thence north at right angles to brow of hill 12 rods more or less; thence east, following brow of hill to the SW corner of lot owned by A. R. Bickford, 40 rods six inches more or less; thence due west 6 rods 14 feet and 6 inches; thence due south 10 rods and 12 feet more or

[p.] 12

less to place of beginning; also the lot commencing at the SW corner of said lot owned by A. R. Bickford in the Town of Elk Creek; thence west 6 rods 14 feet 6 inches; thence south 10 rods 12 feet more or less; thence east 4 rods 8 feet; thence northerly 10 rods 12 feet more or less to the place of beginning, County of Glenn, State of California.

9
Name: CENTRAL PACIFIC RAILWAY COMPANY.
Stream: North Fork Stony Creek.
Description of land: N 1/2 NW 1/4 Sec. 17; W 1/2 SE 1/4 Sec. 18; W 1/2 NE 1/4 Sec. 19; T. 23 N., R. 6 W.; W 1/2 Sec. 23; NW 1/4 Sec. 25; all of Sec. 35; T. 23 N., R. 7 W.; M. D. B. & M., County of Tehama, State of California.

10
Name: WILLIAM DODD.
Stream: Elk Creek.
Description of land: Lot J, Elk Creek, as shown on plat in County records, Book 1 of Maps page 80, County of Glenn, State of California.

11
Name: JAMES E. DREW.
Grindstone Creek,
Description of land: W 1/2 SE 1/4, S 1/2 NW 1/4, Sec. 17; NW 1/4 NE 1/4 Sec. 20; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

12
Name: ESPERANZA LAND CORPORATION,
Stream: Stony Creek.
Description of land: Lots 1001 to 1011 inclusive; 1023 to 1046 inclusive; 1052 to 1069 inclusive; 1071 to 1093 inclusive; N 1/2 Lots 1094 to 1097 in-

[p.] 13

clusive; Lots 1098 to 1104 inclusive; Lots 1106 to 1111 inclusive; N 1/2, SE 1/4 Lot 1112; Lots 1118 to 1128 inclusive; SW 1/4 Lot 1129; Lots 1151, 1152; Lots 1187 to 1202 inclusive; Lots 1220 to 1236 inclusive; Lots 1254 to 1269 inclusive; Lots 1281 to 1291 inclusive; Lots 1302 to 1312 inclusive; Lots 1323 to 1333 inclusive; Lots 1342 to 1363 inclusive; Lots 1372 to 1382 inclusive; Lots 1410 to 1420 inclusive; Lots 1429 to 1439 inclusive; Lots 1472 to 1482 inclusive; as shown in county records on map of Division 2 of Hamilton Unit of the Sacramento Valley Irrigation Project, Book 2 of Maps, page 258, County of Glenn, State of California.
Note: This defendant filed answer and subsequently filed disclaimer by way of amended answer.

13
Name: I. L. FEIGHTNER.
Stream: Stony Creek.
Description of land: S 1/2 SE 1/4 Sec. 9; NW 1/4 NE 1/4 Sec. 16; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant after service of process upon him and before date of disclaimer to defendant, Lloyd Troxel, who filed answer claiming water right for a portion of the land, but submitted no proof.

14
Name: JOHN FITZPATRICK.
Streams: Tributaries of Stony Creek and of North Fork of Stony Creek.
Description of land: W 1/2, SE 1/4, Sec. 19; W 1/2 SW 1/4 Sec. 20; N 1/2 NW 1/4, N 1/2 S 1/2 NW 1/4, Sec, 29; N 1/2 NW 1/4, SW 1/4 NW 1/4, Sec. 30; T. 23 N., R. 4

[p.] 14

W.; S 1/2 SE 1/4, SE 1/4 SW 1/4, Sec. 23; N 1/2 SE 1/4, SW 1/4, Sec. 24; E 1/2, N 1/2 NW 1/4, Sec. 25; T. 23 N., R. 5 W.; M. D. B. & M., County of Tehama, State of California.
Note: Filed joint disclaimer with defendants Bertha Shults, E. C. Shults and Leland Shults.

15
Name: REUBEN HARTMAN.
Stream: Tributary Grindstone Creek.
Description of land: SE 1/4 SE 1/4 Sec. 23; SW 1/4 SW 1/4, S 1/2 NW 1/4 SW 1/4, Sec. 24; T. 21 N., R. 8 W., M. D. B. & M., County of Glenn, State of California.

16
Name: A. HOCHHEIMFR.
Stream: Grindstone Creek, tributaries of Stony Creek and of Salt Creek.
Description of land: S 1/2 SE 1/4 Sec. 24; NE 1/4, N 1/2 SE 1/4, Sec. 25; T. 21 N., R. 7 W.; NE 1/4 SW 1/4, N 1/2 NW 1/4 SW 1/4, NW 1/4 SE 1/4, Sec. 24; T. 21 N., R. 8 W., NW 1/4 SE 1/4 Sec. 16, T. 22 N., R. 8 W.; M. D. B. & M., County of Glenn, State of California.
Note: Filed joint disclaimer with defendant Hochheimer & Co.

17
Name: HOCHHEIMER & COMPANY.
Stream: Grindstone Creek, tributaries of Stony Creek and of Salt Creek.
Description of land: Set out in finding as to A. Hochheimer.
Note: Filed joint disclaimer with defendant A. Hochheimer.

[p.] 15

18
Name: ANNIE HOEVER.
Stream: Stony Creek.
Description of land: Beginning at a point on the west bank of the Sacramento River at its intersection with the north boundary line of the property of the Sacramento Valley Sugar Company, thence west two and one-quarter miles more or less, along the north line of said Sugar Company's property to the center line of Stony Creek; thence northerly, along the center line of Stony Creek, to the southwest corner of the property now owned by Joseph Billiou, et al.; thence east along the south line of said last mentioned property, two miles more or less, to its intersection with the slough, commonly known as the Billiou Slough; thence southerly and easterly along said slough to its intersection with the west bank of the Sacramento River; thence southerly along said west bank of said river to the point of beginning; containing one hundred and fifty acres more or less, being a portion of the Capay Rancho, County of Glenn, State of California.
Note: This defendant filed answer, submitted no proof and subsequently filed disclaimer.

19
Name: F. HOUGHTON.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 NW 1/4, NW 1/4 SW 1/4, Sec. 32, T. 23 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.
Note: Filed joint disclaimer with defendant F. Houghton Co,

[p.] 16

20
Name: F. HOUGHTON COMPANY.
Stream: Tributary North Fork Stony Creek.
Description of land: Set out in finding as to F. Houghton.
Note: Filed joint disclaimer with defendant F. Houghton.

21
Name: R. T. JONES.
Stream: Stony Creek.
Description of land: Tract No. 1. Beginning at the southeast corner of lot 1269 of Division Number two of the Hamilton Unit of the Sacramento Valley Irrigation Project, according to the map of same filed for record in the office of the Recorder of the County of Glenn, State of California, thence north one-quarter of a mile, more or less, to the southeast corner of lot 1254 of the Hamilton Unit, said corner being the southwest corner of the Proporty of Andrew Kaiser; thence east one mile, more or less, to the southest corner of the property of Andrew Kaiser; thence north 1900 feet, more or less, to the center line of Stony Creek; thence along the center line of Stony Creek in a general easterly and southerly direction to its intersection with the public road extending from Hamilton to Jacinto; thence southerly along the center line of said road 400 feet more or less to the northeast corner of lot 1281 of the Hamilton Unit; thence westerly along the north line of Lots 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288 and 1289 to the point of beginning, containing 470 acres;

Tract, No. 2, Beginning at an iron rod in the center of county road running from Jacinto to Hamilton and from which the Sacramento Valley Sugar Company granite monument bears north

[p.] 17

28 deg. and 30 min. east, 63 feet and 5 inches; thence south along county road 20 deg. 57 min. east, 585 feet, thence south along county road 16 deg. 57 min. east, 520 feet, thence south 81 deg. 20 min. east, 900 feet, thence south 64 deg. 20 min. east, 1374 feet to southwest corner in center of Stony Creek, from which point oak tree bears south 89 degrees and 24 min. east, 554 feet; thence south 89 deg. and 41 min. east, 7256 feet to a concrete post being the southeast corner; thence north 1516 feet to south line of Northern Electric Railway right-of-way, to a concrete post being the northeast corner, thence north 88 deg. 7 min. west 2464 feet along the south line of said right-of-way, thence north one deg. 53 min. east, 24-1/2 feet, thence north 88 deg. 7 min. west 3319-3/4 feet, thence on Searls spiral 7 by 33 feet chords to the left 235 feet and 1 inch, thence on a four deg. curve to the right, 421 feet and 9 inches; thence north 89 deg. and 57 min. west, 3330 feet to the place of beginning, containing 340 acres more or less; County of Glenn, State of California.
Note: This defendant filed answer, submitted no proof and subsequently filed disclaimer.

22
Name: ANDREW KAISER
Stream: Stony Creek.
Description of land: Tract No. 1: Beginning at the northwest corner of Lot 1193 of Division Number 2 of the Hamilton Unit of the Sacramento Valley Irrigation Project, according to the map of same filed for record in the office of the Recorder of the County of Glenn, State of California, said point being the westerly line of the Capay Rancho; thence northerly along said west line of Capay Rancho one-half mile, more or less, to the south line of Lot 1123 of the Ham-

[p.] 18

ilton Unit; thence in a general easterly and southerly direction along the south boundary line of Lots 1123 to 1128, inclusive, 1152, 1151, and 1165 said last described line being along the center of Stony Creek; thence west along the north line of lots 1187 to 1193, inclusive to point of beginning, containing 401 acres.

Tract No. 2: Beginning at the southeast corner of Lot 1254 of said Hamilton Unit, thence northerly along the east line of Lots 1254, 1236, 1220 and 1202 to the center line of Stony Creek, thence in an easterly and southerly direction along the center line of said Stony Creek to the northwest corner of the property of R. T. Jones; thence southerly along the property line of said R. T. Jones 1900 feet more or less, thence westerly along the north boundary line of property of said R. T. Jones, one mile, more or less, to the point of beginning, containing 436 acres; being a portion of the Capay Rancho, County of Glenn, State of California.

23
Name: J. L. KIRKPATRICK.
Stream: Stony Creek.
Description of land: S 1/2 N 1/2 NW 1/4 Sec. 12, T. 22 N., R. 4 W.; SE 1/4 NW 1/4, W 1/2 SW 1/4, NE 1/4 SW 1/4, Sec. 32, T. 23 N., R. 8 W.; M. D. B. & M., County of Glenn State of California.

24
Name: JAMES MILLS ORCHARDS CORPORATION.
Stream: Stony Creek.
Description of land: S 1/2 Lots 1094 to 1097 inclusive; SW 1/4 Lot 1112; Lots 1113 to 1117 inclusive; N 1/2, SE 1/4, Lot 1129; Lots 1130 to 1139 inclusive; Lots 1141 to 1150 inclusive; N 1/2 Lots 1166 to 1175 inclusive; Division 2, Hamilton Unit Sacramento Valley Irrigation Project, as shown

[p.] 19

in County records, Book 2 of Maps, page 258, County of Glenn, State of California.
Note: This defendant filed answer and subsequently filed disclaimer by way of amended answer.

25
Name: F. M. MILLSAPS.
Stream: Tributary Heifer Camp Creek.
Description of land: N 1/2 S 1/2, S 1/2 NW 1/4, NW 1/4 NW 1/4, Sec. 29; E 1/2 NE 1/4, N 1/2 SE 1/4, Sec. 30; T. 22 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.
Note: Voluntary appearance by disclaimer by this defendant in lieu of service of process upon him. He owned the land at time of said appearance.

26
Name: IDA LEONA RICE.
Stream: Stony Creek.
Description of land: E 1/2 Lot 12 Van Scycle Tract as shown in County records, Book 6 of Maps and Surveys, County of Glenn, State of California.

27
Name: MAURICE ROSENTHAL.
Stream: Briscoe Creek.
Description of land: S 1/2 N 1/2, N 1/2 S 1/2, S 1/2 SE 1/4, SW 1/4 SW 1/4, Sec. 17; S 1/2 SE 1/4, Sec. 18; S 1/2 N 1/2, NW 1/4 NE 1/4, W 1/2 SW 1/4, Sec. 19; N 1/2 NE 1/4, E 1/2 NW 1/4, SW 1/4 NW 1/4, NW 1/4 SW 1/4, Sec. 20; N 1/2 NW 1/4 Sec. 30; T. 20 N., R. 6 W.; NE 1/4 NE 1/4 Sec. 25, T. 20 N, R. 7 W.; M. D. B. & M., County of Glenn, State of California.
Note: Filed joint disclaimer with defendant Rosedale Realfy Company,

[p.] 20

28
Name: ROSEDALE REALTY COMPANY.
Stream: Briscoe Creek.
Description of land: Set out in finding as to Maurice Rosenthal.
Note: Filed joint disclaimer with defendant Maurice Rosenthal.

29
Name: SACRAMENTO VALLEY SUGAR COMPANY.
Stream: Stony Creek.
Description of land: Parcels 2 and 3 described in deed recorded, Book 24, page 452, records of Glenn County. Second Parcel: Beginning at the intersection of the center line of St. Johns-Orland Road with the east line of the St. Johns-Jacinto Road, thence down Stony Creek meandering by courses and distances stated in said deed 5668 feet to a point on the south boundary line of the lands of Joseph Billiou east of Stony Creek if produced westerly across Stony Creek, thence along said line produced, south 89 deg. and 42 min. west, 3050.9 feet to the easterly line of the St. Johns-Jacinto Road, thence north 3 deg. 18 min. east along said line 4333.1 feet to the point of beginning, containing 194.93 acres, more or less.

Third Parcel: Beginning at the point of intersection of the easterly line of the St. Johns-Jacinto Road with the south line of the said lands of Joseph Billiou, if produced westerly, said point being southwest corner of Parcel Number Two as herein described, thence along the south boundary line of Parcel Number Two and the south boundary line of the lands of said Joseph Billiou, north 89 deg. and 42 min. east, 15909.7 feet, to a point on the bank of the Sacramento River from which point a sycamore tree twenty-four inches in diameter bears north 30 deg. and 30 min. east, 186.6

[p.] 21

feet, also an oak tree fifty-six inches in diameter, bears south 86. deg. west, 255.3 feet; thence down the west bank of the Sacramento River, meandering by courses and distances as stated in said deed 2693.5 feet to a point from which an oak tree eighteen inches in diameter bears north 50 deg. and 30 min. west, 140.8 feet, also an oak tree thirty inches in diameter bears south 62 deg. west 182.8 feet; thence leaving said bank and running parallel to the south line of said lands of Joseph Billiou south 89 deg. and 42 min. west 15,000 feet, to a granite monument eight inches by nine inches by twenty inches, marked P. S. C. C. in the easterly line of the St. Johns-Jacinto Road and being the southwest corner of this Parcel Number Three, thence north 3 deg. and 18 min. east along said line, 2348.2 feet, to the point of beginning, containing 818.87 acres, more or less; County of Glenn, State of California.
Note: This defendant filed answer and subsequently filed disclaimer.

30
Name: BERTHA SHULTS,
Streams: Tributaries of Stony Creek and of North Fork Stony Creek.
Description of land: Set out in finding as to John Fitzpatrick.
Note: Filed joint disclaimer with defendants John Fitzpatrick, E. C. Shults and Leland Shults.

31
Name: E. C. SHULTS.
Streams: Tributaries of Stony Creek and of North Fork Stony Creek.
Description of land: As set out in finding as to John Fitzpatrick.
Note: Filed joint disclaimer with defendants John Fitzpatrick, Bertha Shults and Leland Shults.

[p.] 22

32
Name: LELAND SHULTS.
Streams: Tributaries of Stony Creek and of North Fork Stony Creek.
Description of land: Set out in finding as to John Fitzpatrick.
Note: Filed joint disclaimer with John Fitzpatrick, Bertha Shults, and C. E. Shults.

33
Name: Z. E. SIMPSON.
Stream: Stony Creek.
Description of land: S 1/2, S 1/2 N 1/2, Sec. 2; All sec. 10; all sec. 11; W 1/2, SE 1/2, S 1/2 NE 1/4, Sec. 12; W 1/2 NE 1/4, N 1/2 NW 1/4, NW 1/4 SE 1/4, Sec. 13; NE 1/4 NE 1/4, S 1/2 NE 1/4, E 1/2 NW 1/4, E 1/2 SW 1/4, SW 1/4 SW 1/4, Sec. 24; all sec. 25; all sec. 36; T. 22 N., R. 5 W.; S 1/2, S 1/2 N 1/2, Sec. 19; NE 1/4 NW 1/4, S 1/2 NW 1/4, SW 1/4 Sec. 20; all sec. 29; all sec. 30; all sec. 31; T. 22 N., R. 4 W.; NW 1/4 NW 1/4, Sec. 8; S 1/2 NE 1/4, E 1/2 SE 1/4, Sec. 17; T. 22 N., R. 9 W.; M. D. B. & M., County of Glenn, State of California.
Note: This defendant filed answer, submitted no proof and subsequently filed disclaimer.

34
SUPERIOR CALIFORNIA FARM LANDS COMPANY.
Stream: Stony Creek.
Description of land: Lots 1383 to 1386 inclusive; 1406 to 1409 inclusive; 1440 to 1444 inclusive; 1466 to 1471 inclusive of the Sacramento Valley Irrigation Project's Division number One of Hamilton Unit, as shown in Book 2 of Maps, page 250, records of Glenn County.

Also beginning at the NE corner of Lot 1386 of the Sacramento Valley Irrigation Company's

[p.] 23

subdivision of Division 1, of the Hamilton Unit of the Sacramento Valley Irrigation Project as aforesaid, thence north 89 deg. and 42 min. east, 9985.6 feet, to the west bank of the Sacramento River, thence meandering the bank of said river by courses and distances as described in deed in Book 2, page 315, Records of Glenn County, 3084.2 feet to the line of the Phelan Island Survey, thence following the Phelan Island survey lines, by courses and distances as described in said deed, 10650.3 feet to the Sacramento River, thence following the west bank of said river by courses and distances as described in said deed, 9,200.7 feet to the west bank of Stony Creek, thence north 89 deg. 56 min. east, 800 feet, thence north 47 deg. 56 min. west, 1968.2 feet, thence north 54 deg. 6 min. west 2248.2 feet, thence north 6 deg. east 1328.7 feet, thence north 53 deg. and 21 min. west, 1796 feet to the place of beginning, containing 683.75 acres more or less; (and including all the lands between the north line of the tract as first described and the Sacramento River on the east and south and Stony on the west, excepting therefrom Phelan Island), County of Glenn, State of California.

35
Name: ELIZA TROXEL.
Stream: Stony Creek.
Description of land: NW 1/4 Sec. 16; that portion of NE 1/4 NE 1/4 Sec. 17 south of County Road, containing 30 acres; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

36
Name: AMELIA G. VAN SCYCLE.
Stream: Stony Creek.
Description of land: W 1/2, Lot 12 Van Scycle Tract, as shown in County Records, Book 6 of

[p.] 24

Maps and Surveys, (also any other portion of said tract not transferred by this defendant to other parties), County of Glenn, State of California.

SCHEDULE B.

1
Name: A. R. BICKFORD.
Stream: Big Stony Creek.
Description of land: Lots 4, 5, 6 and 7, Block 14, Stonyford, County of Colusa, State of California.

2

Name: C. (Charles) L. DONOHOE COMPANY.
Stream: Stony Creek.
Description of land: E 1/2 NW 1/4, W 1/2 NE 1/4, Sec. 21, T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Sued herein as C. L. Donohue Co. Disclaimer signed C. L. Donohoe Company, idem sonans.

3
Name: FINNELL LAND COMPANY.
Description of land: Sections 8 and 9, T. 23 N., R. 6 W., M. D. B. & M., County of Tehama, State of California.
Note: Only land owned by this defendant is outside Stony Creek watershed,

4
Name: LEONARD W. GOLLNICK.
Stream: Stony Creek.
Description of land: SE 1/4 SW 1/4 Sec. 21; NE 1/4 NW 1/4, S 1/2 NW 1/4, SW 1/4, Sec, 28; SE 1/4 NE 1/4 Sec. 29; W 1/2 NE 1/4, E 1/2 NW 1/4, Sec. 33; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 25

5
Name: WILLIAM LYONS.
Stream: Salt Creek.
Description of land: Lot 9 of Collins Tract near Stonyford; W 1/2 NW 1/4 SW 1/4 Sec. 33, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

6
Name: J. F. SILVER.
Stream: South Fork Elk Creek.
Description of land: SE 1/4 SE 1/4 Sec. 13, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant transferred the land before service of process upon him and before his disclaimer to defendant Alma Silver, who was owner of the land at time of service of process upon her and against whom order pro confesso has been taken.

7
Name: SNOW MOUNTAIN LODGE, F. & A, M.
Stream: Big Stony Creek.
Description of land: Lots 23 and 24, Block 5; lots 33 and 34, Block 6; Stonyford, County of Colusa, State of California.

8
Name: HENRIETTA STEINEGGER.
Stream: Salt Creek.
Description of land: Fractional SE 1/4 NE 1/4 Sec. 32; SW 1/4 NW 1/4 Sec. 33; T. 21 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.
Note: Voluntary appearance by disclaimer by this defendant in lieu of service of process upon her. She owned the land at the time of said appearance and disclaimer.

[p.] 26

9
Name: JESSIE TAYLOR, Administratrix of the estate of W. S. Taylor, deceased.
Stream: Big Stony Creek.
Description of land: S 1/2 SE 1/4 Sec. 19, T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant made voluntary appearance by disclaimer (see Article II of Findings herein). The land was part of said estate at time of said appearance and was subsequently transferred to defendants Geo. W. Lewis and Frank W. Lewis who made answer and submitted proof.
IV.

That by way of the amended complaint as filed herein on April 3, 1919, and orders of this court bringing in new parties defendant under said amended complaint, this suit and the amended complaint herein was against each and all of the defendants named in Schedules C and D set out below and made part hereof; that original process thereunder by way of Subpoena ad Respondendum, or by court order under section 57 of the judicial code, was duly issued and served with one copy of the amended complaint, on each of the defendants named in said schedules (saving the two instances where voluntary appearances were made as recited therein), and each of said defendants failed and neglected to make or file answer or other defense or plea to said amended complaint as required by Rule 16 of Rules of Practice for Courts of Equity of the United States; that orders taking the amended complaint as confessed by them and each of

27

them were duly made herein, and entered in the Order Book on the 20th day of May, 2nd and 24th days of June and the 15th day of September, 1922, in the office of the clerk of this court; each of said orders being so made and entered after the failure of the particular defendants named therein to make answer, defense or other plea as aforesaid; that no proceeding has been taken since the entry of said orders, and said defendants and each of them now are and remain in default of any answer, defense or plea herein, and more than 30 days have elapsed since the entry of said orders and each thereof; that the lands described under each defendant's name in said schedules were owned by that defendant, or by the person or estate represented by him at the time of the service upon him of said process (or appearance) as aforesaid, except as otherwise stated and now determined and adjudged in the notes appearing in said schedules under the names of certain of said defendants; that the lands so owned by the defendants named in Schedule C, or some part thereof, were at said time and are now in each instance touched or traversed by the stream or streams described under the name of each of said defendants (the designation "tributary" being used for tributaries without names); that the stream or streams described under the name of each of the defendants listed in Schedule D, while not touching or traversing the lands owned by him, were at said time and now are possible sources of supply for the irrigation thereof; that the lands of the defendants as described in said schedules, particularly where situate in the upper reaches of the watershed, may in occa-

28

sional instances be touched or traversed by other tributary or tributaries of the Stony Creek System not named in said schedules, although no definite proof thereof is available herein; that under the orders pro confesso aforesaid, it is taken as confessed, and ordered, adjudged and decreed herein that the defendants named in said Schedules C and D, and each thereof, and each of the persons, estates, interests and ownerships represented by certain of said defendants as shown therein--as against any of the parties plaintiff or defendant in this cause, their assigns or successors in interest, or their rights as decreed herein--do not have or own and they and their assigns and successors in interest are debarred and estopped from claiming or asserting any right, title or interest in or to any of the waters or use of any of the waters of the stream or streams which touch or traverse their lands as shown in Schedule C or which are possible sources of supply therefor as shown in Schedule D, for or on account of said lands or otherwise, or in or to any of the waters or use of any of the waters of Stony Creek or its tributaries, whether same or any thereof touch or traverse said lands or are possible sources of supply therefor or otherwise:
SCHEDULE C.

1
Name: CHAS. (CHARLES) ALEXANDER.
Stream: Tributary Stony Creek.
Description of land: W 1/2 SW 1/4 Sec. 11; W 1/2 Sec. 14; SW 1/4 NE 1/4, W 1/2, N 1/2 SE 1/4, SW 1/4 SE 1/4, Sec. 23; E 1/2 SW 1/4 Sec. 24; NW 1/4 NE 1/4, NW 1/4, Sec. 26; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 29

2
Name: H. C. ANGLE.
Stream: Stony Creek and Briscoe Creek.
Description of land: SW 1/4 NE 1/4, SW 1/4, (excepting 32 acres in SW 1/4 SW 1/4 belonging to the Rosedale Realty Company), W 1/2 SE 1/4 Sec 16, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State or [sic] California.
Note: His title was transferred after service to defendant James W. Sawyer. Answer made and proof submitted. Harvey E. Province substituted for James W. Sawyer.

3
Name: V. V. APPERSON, Administrator of the estate of John Apperson, deceased.
Stream: Stony Creek.
Description of land: Lot Y of Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80; County of Glenn, State of California.
Note: Land was part of said estate at time of service of process.

4
Name: FRANK BAGATELA.
Stream: Stony Creek.
Description of land: Lot 77 of Van Scycle Tract, as shown on plat in County Records in Book 6 of Maps and Surveys, County of Glenn, State of California.
Note: True name is as above--sued as F. Bagetelo in amended complaint--appeared by stipulation of Nov. 4, 1919 through his counsel as Frank Bagatella--all one and the same person, idem sonans.

[p.] 30

5
Name: C. W. BARKER.
Stream: Tributary Stony Creek.
Description of land: E 1/2 NW 1/4, SW 1/4 NW 1/4, NE 1/4 SW 1/4, Sec. 14, T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

6
Name: ELIZABETH M. BARKER.
Stream: Stony Creek.
Description of land: Set out in findings as to C. W. Barker and Frank M. Barker.
Note: Land transferred by this defendant before service of process upon her to C. W. Barker and Frank M. Barker, other defendants, who owned the land at the time of service of process upon them them against whom orders pro confesso also have been taken.

7
Name: D. V. BESSER.
Stream: Grindstone Creek.
Description of land: N 1/2, N 1/2 S 1/2, Sec. 16, T. 21 N., R. 7 W., M. D. B. &, M., County of Glenn, State of California.

8
Name: E. F. BICKFORD.
Stream: Elk Creek.
Description of land: E 1/2 SW 1/4, S 1/2 SE 1/4, Sec. 6, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

9
Name: THOS. (THOMAS) BISHOP COMPANY.
Streams: Briscoe Creek; also tributaries of Stony Creek and Grindstone Creek.

[p.] 31


Description of land: Set out in finding as to Myrtle G. Davis.
Note: Land transferred by this defendant before service of process upon it, through mesne conveyances, to defendant W. D'Egilbert, who owned it at the time of service of process upon him and against whom order pro confesso also has been taken. Land acquired by Thomas Bishop Company from defendant Myrtle G. Davis, who owned the land at the time of service of process upon her and against whom order pro confesso has been taken.

10
Name: GLEN H. BLAKE.
Stream: Briscoe Creek.
Description of land: Set out in finding as to Rosedale Realty Company.
Note: Land transferred by this defendant before service of process upon him to defendant Rosedale Realty Company, which disclaimed.

11
Name: W. W. BOARDMAN.
Stream: Little Indian Creek.
Description of land: W 1/2 Sec. 16; SE 1/4 SW 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 20; W 1/2, W 1/2 E 1/2, Sec. 21; T. 16 N., R. 5 W., M, D. B. & M., County of Colusa, State of California.

12
Name: CHAS. (CHARLES) BOND.
Stream: Tributary Stony Creek.
Description of land: SW 1/4 NE 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 26, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

[p.] 32

13
Name: I. W. BRADLEY.
Stream: Indian Creek.
Description of land: NE 1/4 SE 1/4 Sec. 27, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

14
Name: J. L. BRITTAN.
Stream: North Fork Big Stony Creek.
Description of land: W 1/2 NW 1/4, SE 1/4 NW 1/4, Sec. 22, T. 18 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

15
Name: MORRISON E. BRYAN.
Stream: North Fork Stony Creek.
Description of land: N 1/2, NE 1/4 SW 1/4, S 1/2 SW 1/4, SE 1/4, Sec. 35, T. 23 N., R. 5 W., County of Tehama; N 1/2 N 1/2 Sec. 2, T. 22 N., R. 5 W., County of Glenn; M. D. B. & M.; State of California.

16
Name: CELIA G. BURNHAM.
Stream: Elk Creek.
Description of land: Set out in finding as to E. W. Burnham.
Note: No land in Stony Creek watershed on record in her name. Title to this land in the name of her husband, E. W. Burnham, who disclaimed.

17
Name: AURA C. BURROWS.
Stream: Tributary Grindstone Creek.
Description of land: SE 1/4 SW 1/4 Sec. 17; NE 1/4 NW 1/4 Sec. 20; T. 21 N., R. 8 W., M. D. B. & M., County of Glenn, State of California.

[p.] 33

18
Name: CHARLOTTE T. BURROWS.
Stream: Tributary of North Fork of Stony Creek and of Stony Creek.
Description of land: All of Sec. 18; W 1/2 NE 1/4, N 1/2 NW 1/4, Sec. 19; T. 22 N., R. 5 W.; S 1/2 NE 1/4, E 1/2 SW 1/4, SE 1/4, Sec. 23; N 1/2 NE 1/4, SW 1/4 NE 1/4, NW 1/4, SE 1/4 SE 1/4, Sec. 24; E 1/2 NE 1/4, SW 1/4 NE 1/4, SE 1/4 NW 1/4, W 1/2 NW 1/4, SW 1/4, N 1/2 SE 1/4, SW 1/4 SE 1/4, Sec. 25; N 1/2 N 1/2, SW 1/4 NW 1/4, Sec. 35; W 1/2 Sec. 36; T. 22 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon her to defendant E. H. Tryon, who owned this land and other lands at time of service of process upon him, and who filed answer but failed to submit proof.

19
Name: I. A. BURROWS.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 N 1/2, S 1/2, Sec. 22 (excepting 29-5/32 acres, owned by E. H. Tryon); SW 1/4 NW 1/4, W 1/2 SW 1/4, Sec. 23; T. 22 N., R 6 W., M. D. B. & M., County of Glenn, State of California.

20
Name: E. T. BUTLER.
Stream: Mad Creek.
Description of land: NE 1/4 SE 1/4, S 1/2 SE 1/4, Sec. 25, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

21
Name: H. A. BUTLER.
Stream: Briscoe Creek,
Description of land: SE 1/4, NE 1/4 NE 1/4, W 1/2 NE 1/4, Sec. 29; NW 1/4 NW 1/4 Sec. 28; T. 20 N.,

[p.] 34

R. 6 W., M. D. B. & M., County of Glenn, State of California.

22
Name: BUTTE COUNTY SAVINGS BANK.
Stream: Stony Creek.
Description of land: Set out in finding as to Andrew Kaiser.
Note: it was erroneously assumed when this bank was made a party that it had some undivided interest in lands instead of mortgage or trust deed which it then held.

23
Name: M. H. CARLTON, Administrator of the estate of Annie Shaddock, deceased.
Stream: South Fork Elk Creek.
Description of land: NW 1/4 NW 1/4, S 1/2 NW 1/4, NW 1/4 SW 1/4, Sec. 13, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.
Note: Land was part of said estate at time of service of process.

24
Name: F. M. CARROL.
Stream: Stony Creek.
Description of land: SE 1/4 Sec. 8, T. 22 N., R. 3 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon her to defendants Geo. Retzloff and Emma Retzloff, who answered and submitted proof.

25
Name: ELIZABETH D. CASE.
Stream: Indian Creek.
Description of land: Set out in finding as to F. J. Wells.

[p.] 35

Note: No land on record in Stony Creek watershed in name of this defendant. Record title of land in name of son, defendant F. J. Wells, at time of service of process upon him, and against whom order pro confesso also has been taken.

26
Name: JULIA E. CASPER.
Stream: Tributary Indian Creek.
Description of land: Set out in finding as to James Mathews.
Note: Land transferred by this defendant before service of process upon her to defendant James Mathews, who owned the land at the time of service of process upon him and against whom order pro confesso has also been taken.

27
Name: P. S. CASTLEMAN.
Stream: Mill Creek.
Description of land: E 1/2 SW 1/4, N 1/2 SE 1/4, Sec. 8, T. 17 N., R. 7 W., M. D, B. & M., County of Colusa, State of California.

28
Name: D. S. CHAMBERS.
Stream: Mad Creek.
Description of land: E 1/2 E 1/2 Sec. 35, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

29
Name: J. J. CHAMBERS.
Stream: North Fork Stony Creek.
Description of land: E 1/2 Sec. 23, T. 23 N., R. 7 W., County of Tehama; S 1/2 SW 1/4 Sec. 29; N 1/2

[p.] 36


NW 1/4, W 1/2 NE 1/4, Sec. 32; T. 21 N., R. 7 W.; County of Glenn, M. D. B. & M., State of California.

30
Name: GUISEPPI CHASSEUR.
Stream: Stony Creek.
Description of land: E 1/2 SE 1/4 Sec. 35, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

31
Name: LEONTINE CHASSEUR.
Stream: Stony Creek.
Description of land: W. 60 acres of W 1/2 SW 1/4 Sec. 36, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

32
Name: J. L CILEY.
Stream: Tributary North Fork Big Stony Creek.
Description of land: SW 1/4 NW 1/4, N 1/2 SW 1/4, Sec. 5; NE 1/4 SE 1/4 Sec. 6; T. 18 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

33
Name: GEORGE CLARK.
Stream: North Fork Stony Creek.
Description of land: All of Sec. 36, T. 23 N., R. 5 W., M. D. B. & M., excepting west 63.34 acres and east 100 acres (approx.) thereof, County of Tehama, State of California.

34
Name: NORA CLARK.
North Fork Stony Creek.
Description of land: West 63.34 acres of W 1/2 W 1/2 Sec. 36, T. 23 N., R. 5 W., M. D. B. & M., County of Tehama, State of California.

[p.] 37

35
Name: WILLARD CLARK.
Streams: Hambright Creek and Stony Creek.
Description of land: N 1/2 N 1/2 Sec. 8, T. 22 N., R. 3 W.; SW 1/4, W 1/2 SE 1/4, Sec. 10; W 1/2 NE 1/4, S 1/2 SE 1/4 NE 1/4, W 1/2, SE 1/4, Sec. 15; S 1/2 S 1/2 NW 1/4, SW 1/4, SW 1/4 SE 1/4, Sec. 14; T. 22 N., R. 4 W.; M. D. B. & M., County of Glenn, State of California.

36
Name: A. W. CLEEK.
Stream: Tributary Grindstone Creek.
Description of land: E 1/2 E 1/2 Sec. 9, T. 22 N., R. 9 W., M. D. B. & M., County of Glenn, State of California.

37
Name: J. S. CLEEK.
Streams: North Fork Stony Creek and Tributaries of Grindstone Creek.
Description of land: S 1/2 S 1/2 Sec. 32 [sic], T. 22 N., R. 5 W.; County of Tehama [sic]; E 1/2 SW 1/4, S 1/2 SE 1/4, Sec. 4, T. 22 N., R. 9 W.; N 1/2 NE 1/4, SW 1/4 NE 1/4, NW 1/4, N 1/2 SW 1/4, Sec. 5; N 1/2, E 1/2 SE 1/4, Sec. 6; T. 22 N., R. 5 W.; County of Glenn; M. D. B. & M.; State of California.
Note: Described lands in Sections 5 and 6, T. 22 N., R. 5 W., were transferred after service to defendant D. H. Masterson, whose successors in interest Mrs. D. H. Masterson, et al., answered and submitted proof.

38
Name: MARGARET S. COLEY.
Stream: Tributary Stony Creek.
Description of land: S 1/2 NE 1/4, SE 1/4 NW 1/4, NW 1/4 SE 1/4, Sec. 32, T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 38

39
Name: CHAS. COLLINS.
Stream: Salt Creek.
Description of land: NE 1/4 SW 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 32, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

40
Name: CONKLIN BROTHERS.
Streams: Tributaries of Grindstone and North Fork Stony Creek.
Description of land: W 1/2 SW 1/4, SE 1/4 SW 1/4, SW 1/2 SE 1/4, Sec. 6; W 1/2 NE 1/4, NW 1/4, W 1/2 SW 1/4, Sec. 7; T. 22 N., R. 6 W.; E 1/2 Sec. 1; W 1/2 NE 1/4, N 1/2 SE 1/4, Sec. 2; E 1/2 E 1/2, SW 1/4 NE 1/4, NW 1/4 SE 1/4, Sec. 12; T. 22 N., R. 7 W.; County of Glenn; W 1/2 SW 1/4 Sec. 11; W 1/2 NW 1/4 Sec. 14; E 1/2 E 1/2 Sec. 22; E 1/2 E 1/2 Sec. 23; NE 1/4 NE 1/4 Sec. 26; T. 23 N., R. 10 W., County of Tehama; M. D. B. & M.; State of California.
Note: Described land shown on county maps as in name of this defendant. Record title, however, is in name of defendants A. Conklin, et al., who answered and submitted proof.

41
Name: MARY E. COOK,
Stream: Indian Creek.
Description of land: NE 1/4 SW 1/4, NW 1/4 SE 1/4, S 1/2 SE 1/4, Sec. 27; S 1/2 SW 1/4 Sec. 26; SE 1/4 NE 1/4, SE 1/4, Sec. 34; SW 1/2 NE 1/4, W 1/2, W 1/2 SE 1/4, Sec. 35; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

42
Name: COOK SPRINGS MINERAL WATER COMPANY.
Stream: Indian Creek.
Description of land: SE 1/4 SW 1/4, SE 1/4, Sec. 3; E 1/2 E 1/2, SW 1/4 NE 1/4, Sec. 9; E 1/2 NE 1/4, N 1/2 NW 1/4,

[p.] 39

Sec. 10; T. 16 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

43
Name: G. L. CRAWFORD.
Stream: Indian Creek.
Description of land: S 1/2 NE 1/4, NW 1/4 NE 1/4, NE 1/4 SE 1/4, Sec. 24; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

44
Name: FRED H. CROOK.
Stream: Stony Creek.
Description of land: 12 acres in the SW 1/4 NE 1/4 Sec. 9, T. 20 N., R. 6 W., M. D. B. & M., extending along the west bank of Stony Creek 550 feet, more or less, southerly from the North line of said SW 1/4 NE 1/4 to Lot Y, of Elk Creek Town Plat, County of Glenn, State of California.

45
Name: JOHN CROSSETT.
Stream: Indian Creek.
Description of land: NE 1/4 SW 1/4, W 1/2 SE 1/4, Sec. 2; NW 1/4 NE 1/4 Sec. 11; T. 16 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

46
Name: C. L. CRUM.
Stream: Mill Creek.
Description of land: SE 1/4 SW 1/4 Sec. 18; N 1/2 NW 1/4, SW 1/4 NW 1/4, Sec. 19; T. 17 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

[p.] 40

47
Name: L. M. CULVER.
Stream: Stony Creek.
Description of land: SE 1/4 SW 1/4 Sec. 35, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant L. B. Graves, who owned the land at the time of service of process upon him and against whom order pro confesso has also been taken.

48
Name: C. CUSHMAN.
Note: No land in Stony Creek watershed on record in name of this defendant.

49
Name: F. N. CUSHMAN.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 NW 1/4 SW 1/4, SW 1/4 SW 1/4, Sec. 14; S 1/2 NE 1/4 SE 1/4, SE 1/4 SE 1/4, Sec. 15; NE 1/4 NE 1/4 Sec. 22; NW 1/4 NW 1/4 Sec. 23; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

50
Name: J. C. CUSHMAN.
Stream: North Fork Stony Creek.
Description of land: SW 1/4 NW 1/4, NW 1/4 SW 1/4, Sec. 13; SE 1/4 NE 1/4, E 1/2 SW 1/4, SE 1/4, Sec. 14; NE 1/4 NW 1/4 Sec. 23; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California,

[p.] 41

51
Name: H. S. CUSHMAN.
Stream: Watson Creek.
Description of land: S 1/2 SW 1/4 Sec. 29; SE 1/4 SE 1/4 Sec. 30; E 1/2 NE 1/4, SW 1/4 NE 1/4, SE 1/4, Sec. 31; W 1/2 Sec. 32; T. 22 N., R. 6 W.; N 1/2 NW 1/4 Sec. 5, T. 21 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.
Note: No land in Stony Creek watershed on record in name of this defendant. Interest, if any, is in described land, record title of which is in name of defendant L. R. Cushman, who answered and submitted proof.

52
Name: L. V. CUSHMAN.
Stream: North Fork Stony Creek.
Description of land: NE 1/4, SE 1/4 NW 1/4, S 1/2, Sec,. 7; N 1/2 N 1/2, S 1/2 S 1/2, Sec 8; all of sec. 17; T. 22 N., R. 5 W.; E 1/2 W 1/2, E 1/2, Sec. 10; all of Sec. 11; SW 1/4 NE 1/4, W 1/2 NW 1/4, S 1/2, Sec. 12; E 1/2, E 1/2 W 1/2, NW 1/4 NW 1/4, Sec. 13; NE 1/4 NE 1/4, W 1/2 NE 1/4, NW 1/4, N 1/2 NW 1/4 SW 1/4, Sec. 14; NE 1/4, E 1/2 W 1/2, W 1/2 SE 1/4, N 1/2 NE 1/4 S 1/4, Sec. 15; NW 1/4 NE 1/4, NE 1/4 NW 1/4, Sec. 22; T. 22 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.

53
Name: EDWARD DAVIS.
Stream: Indian Creek.
Description of land: SE 1/4, Sec. 14 T. 16 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

54
Name: MYRTLE G. DAVIS.
Stream: Briscoe Creek, tributary of Stony Creek, and of Grindstone Creek.

[p.] 42

Description of land: S 1/2 NW 1/4, SW 1/4, Sec. 30; NW 1/4 NE 1/4, SE 1/4 NE 1/4, NW 1/4, N 1/2 SW 1/4, SW 1/4 SW 1/4, SE 1/4, Sec. 31; T. 20 N., R. 6 W.; SE 1/4 SW 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4 Sec. 24; W 1/2 NE 1/4, SE 1/4 NE 1/4, E 1/2 NW 1/4, SW 1/4 NW 1/4, SW 1/4, NW 1/4 SE 1/4, Sec. 25; E 1/2 SE 1/4 Sec. 26; all of sec. 36; T. 20 N., R. 7 W.; W 1/2, (being lots 3, 4, 5, 6, 7, 8, 9, & 12,) SW 1/4 SE 1/4, Sec. 6; E 1/2, lots 1, 6, 7, 8 of W 1/2 Sec. 7; NW 1/4 NE 1/4, SE 1/4 NE 1/4, E 1/2 SE 1/4, Sec. 18; NE 1/4 NE 1/4 Sec. 19; SW 1/4 NW 1/4, W 1/2 SW 1/4, Sec. 20; N 1/2 NW 1/4, SE 1/4 NW 1/4, NW 1/4 SE 1/4, SE 1/4 SE 1/4, Sec. 29; NE 1/4 NE 1/4 Sec. 32; W 1/2 NW 1/4, E 1/2 SW 1/4, Sec. 33; T. 19 N., R. 6 W.; NE 1/4, NE 1/4 NW 1/4, N 1/2 SE 1/4, Sec. 1; T. 19 N., R. 7 W.; NW 1/4 NE 1/4, SE 1/4 NE 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 4; N 1/2 NE 1/4, SW 1/4 NE 1/4, NW 1/4 SE 1/4, Sec. 9; T. 18 N., R. 6 W.; SW 1/4 NW 1/4, W 1/2 SW 1/4, SE 1/4 SW 1/4, SW 1/4 SE 1/4, Sec. 16; T. 22 N., R. 9 W.; M. D. B. & M., County of Glenn, State of California.

55
Name: MARY E. DECKER.
Stream: Indian Creek.
Description of land: SW 1/4 Sec. 10, T. 16 N., R 6. W., M. D. B. & M., County of Colusa, State of Califoinia.

56
Name: J. DE VOST.
Stream: Nelson Creek.
Description of land: E 1/2 NE 1/4, W 1/2 E 1/2 E 1/2 SE 1/4, W 1/2 E 1/2 SE 1/4, Sec. 33, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant has an undivided interest in described land. True name is as above; sued in amended complaint as J. Devorst; idem sonans.

[p.] 43

57
Name: M. L. DIMMICK.
Stream: Briscoe Creek.
Description of land: N 1/2 NW 1/4, N 1/2 S 1/2 NW 1/4, Sec. 21, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

58
Name: H. B. DIXON.
Stream: Elk Creek.
Description of land: SW 1/4 Sec. 8; NW 1/4 NE 1/4, N 1/2 NW 1/4, Sec. 17; NE 1/4 NE 1/4 sec. 18; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

59
Name: ISAAC M. DIXON.
Stream: Briscoe Creek.
Description of land: E 1/2 SW 1/4, W 1/2 SE 1/4, Sec. 30, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

60
Name: MOLLIE DODD.
Stream: Elk Creek.
Description of land: Lot I, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80; County of Glenn, State of California.

61
Name: THOMAS DOUGALL.
Stream: North Fork of Stony Creek.
Description of land: N 1/2 Sec. 34, T. 23 N., R. 5 W., M. D. B. & M., County of Tehama, State of California.

[p.] 44

62
Name: J. HOMER DURHAM.
Stream: Little Stony Creek.
Description of land: E 1/2 SW 1/4 (being lots 11 and l4) Sec. 27, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

63
Name: W. D'EGILBERT.
Streams: Briscoe Creek, tributaries Stony Creek and Grindstone Creek.
Description of land: Set out in finding as to Myrtle G. Davis.
Note: See also finding as to Thos. Bishop Company.

64
Name: J. M. EASTBY.
Stream: Stony Creek.
Description of land: NW 1/4 NE 1/4, N 1/2 NW 1/4, Sec. 1, T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

65
Name: C. H. EHORN.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. E. White.
Note: Land transferred by this defendant before service of process upon him by mesne conveyances to defendant Chas. E. White, who owned the land at time of service of process upon him and against whom order pro confesso has also been taken.

[p.] 45

66
Name: JOHN C. ELLIS.
Stream: Tributary Grindstone Creek.
Description of land: S 1/2 NE 1/4, N 1/2 SE 1/4, Sec. 18, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

67
Name: MALINDA ELLIS.
Stream: Tributary Grindstone Creek.
Description of land: S 1/2 SW 1/4, SW 1/4 SE 1/4, Sec. 4; W 1/2 NE 1/4, NW 1/4, N 1/2 NE 1/4 SW 1/4, N 1/2 NW 1/4 SE 1/4, Sec. 9; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

68
Name: VIRGINIA ELLIS.
Stream: Grindstone Creek.
Description of land: SE 1/4 Sec. 8; W 1/2 SW 1/4 Sec. 9; W 1/2 NW 1/4 Sec. 16; N 1/2 NE 1/4 Sec. 17; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

69
Name: HENRY ENGRAHAM.
Stream: Little Stony Creek.
Description of land: S 1/2 SE 1/4 (being lots 15 and 16) Sec, 34, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

70
Name: ELIZA J. ENGRAHAM.
Stream: Little Stony Creek.
Description of land: Set out in finding as to Henry Engraham,

[p.] 46

Note: No land in Stony Creek watershed on record in her name. Record title in name of husband Henry Engraham, against whom order pro confesso has also been taken.

71
Name: S. A. ERVIN (Stewart A. Ervin).
Stream: North Fork Stony Creek.
Description of land: 165.75 acres in W 1/2 and SW 1/4 NE 1/4, Sec. 31, T. 23 N., R. 4 W., M. D. B. M., County of Tehama, State of California.

72
Name: EUGENE FATELY.
Stream: Nelson Creek.
Description of land: Set out in finding as to Paul Teihl, et al.
Note: Land, or interest therein, transferred by this defendant after service of process upon him to defendants Paul Teihl, et al., who filed answer but failed to submit proof. Name as given in said answer, Eugenie Fately, idem sonans.

73
Name: JOHNSON FENDER.
Stream: Little Stony Creek.
Description of land: SW 1/4 SW 1/4 Sec. 23; S 1/2 S 1/2 Sec. 22; NW 1/4 NE 1/4, NW 1/4, NW 1/4 SW 1/4, Sec. 26; NE 1/4, N 1/2 NW 1/4, Sec. 27; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

74
Name: JOHN S. FINNELL.
Streams: Tributaries North Fork Stony Creek.
Description of land: Set out in finding as to Simpson Finnell.

[p.] 47

Note: Land transferred by this defendant before service of process upon him to defendant Simpson Finnell, who owned the land at the time of service of process upon him and against whom order pro confesso has also been taken.

75
Name: SIMPSON FINNELL.
Streams: Tributaries North Fork Stony Creek.
Description of land: All of sections 29, 30 and 31, T. 23 N., R. 5 W.; S 1/2 SE 1/4 Sec. 21; S 1/2 S 1/2 Sec. 22; all of sections 25, 26, 27; E 1/2, E 1/2 W 1/2, Sec. 28; E 1/2, E 1/2 W 1/2, Sec. 34; all of sections 35 and 36; T. 23 N., R. 6 W.; W 1/2 NE 1/4, E 1/2 NW 1/4, Sec. 25, T. 23 N., R. 9 W.; M. D. B. & M., County of Tehama, State of California.

76
Name: ZELLER C. FINNELL.
Stream: North Fork Stony Creek.
Description of land: S 1/2 Sec. 31; NW 1/4, S 1/2, Sec. 32; NE 1/4, S 1/2, Sec. 33; W 1/2 W 1/2, W 1/2 E 1/2 W 1/2, Sec. 34; T. 23 N., R. 6 W.; County of Tehama; N 1/2, SW 1/4, W 1/2 SE 1/4, Sec. 4; all of sec. 5; N 1/2, NE 1/4 SW 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 6; E 1/2 NE 1/4 Sec. 7; NE 1/4 NE 1/4, W 1/2 NE 1/4, NW 1/4, Sec. 8; NW 1/4 NE 1/4, NE 1/4 NW 1/4, Sec. 9; T. 22 N., R. 6 W.; County of Glenn; M. D. B. & M.; State of California.

77
Name: JUSTIN FIRMIGNAC.
Stream: Nelson Creek.
Description of land: Set out in finding as to Paul Teihl, et al.
Note: Land, or interest therein, transferred by this defendant after service of process upon him

[p.] 48
to defendants Paul Teihl, et al., who filed answer but failed to submit proof. Name as given in said answer, Julius Firmignac, idem sonans.

78
Name: GEO. W. FLETCHER.
Note: No land in Stony Creek watershed on record in name of this defendant.

79
Name: JOHN T. FLOOD.
Stream: North Fork Stony Creek.
Description of land: W 1/2 E 1/2, S 1/2 NW 1/4, SW 1/4, Sec. 1; E 1/2, E 1/2 W 1/2, W 1/2 SW 1/4, Sec. 2; E 1/2 SE 1/4 Sec. 3; NW 1/4 NE 1/4, E 1/2 NW 1/4, Sec. 12; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

80
Name: L. H. FLOOD.
Stream: North Fork Stony Creek.
Description of land: W 1/2 NE 1/4, S 1/2 NW 1/4, SW 1/4, W 1/2 SE 1/4, Sec. 1; E 1/2, E 1/2 NW 1/4, SW 1/4, Sec. 2; E 1/2 SE 1/4 Sec. 3; NW 1/4 NE 1/4, E 1/2 NW 1/4, Sec. 12; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

81
Name: J. L. FLOOD.
Stream: North Fork Stony Creek.
Description of land: W 1/2 NW 1/4 Sec. 2; NE 1/4, Fractional NE 1/4 SW 1/4, NW 1/4 SE 1/4, Sec. 3; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 49

82
Name: GEO. R. FREEMAN, Administrator of the estate of W. H. MARKHAM, Deceased.
Streams: Stony Creek and North Fork Elk Creek.
Description of land: All of sec. 1; N 1/2 NE 1/4 Sec. 12; T. 22 N., R. 5 W.; N 1/2 N 1/2 (being lots 1, 2, 3 and 4) Sec. 1; T. 20 N., R. 8 W.; M. D. B. & M., County of Glenn, State of California.
Note: Land was part of said estate at time of service of process.

83
Name: M. FRIDAY.
Stream: Elk Creek.
Description of land: Lots W, Vb, and 1/2 interest in Lot T, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

84
Name: SARAH FRIDAY.
Stream: Elk Creek,
Description of land: Lot K, of Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

85
Name: STELLA GIBBONS.
Stream: Heifer Camp Creek.
Description of land: SE 1/4 SE 1/4, E 1/2 SW 1/4 SE 1/4, S 1/2 NE 1/4 SE 1/4, SE 1/4 NW 1/4 SE 1/4, Sec. 8; S 1/2 SW 1/4, S 1/2 N 1/2 SW 1/4, Sec. 9; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California,

[p.] 50

86
Name: GEORGE R. GILLASPY.
Stream: A small tributary of Stony Creek.
Description of land: S 1/2 SW 1/4 (being lots 13 and 14) Sec. 19; NW 1/4, N 1/2 SW 1/4, Sec. 30; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

87
Name: M. GOLDEN.
Stream: Watson Creek.
Description of land: All of sec. 36, T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

88
Name: AUGUST GOLLNICK.
Stream: Stony Creek.
Description of land: Set out in finding as to Leonard W. Gollnick.
Note: Land transferred by this defendant before service of process upon him to defendant Leonard W. Gollnick, who disclaimed.

89
Name: R. A. GORDON.
Stream: Tributary Indian Creek.
Description of land: W 1/2 NW 1/4, SW 1/4, Sec. 13; NW 1/4, Fractional SW 1/4, Sec. 24; T. 17 N., R. 6 W., County of Colusa, State of California.

90
Name: F. A. GRAVES.
Stream: Stony Creek.
Description of land: E 1/2 NE 1/4; that part of W 1/2 NE 1/4 and NE 1/4 NW 1/4 Sec. 33 lying east of

[p.] 51

the lands of J. L. Baird and Chas. M. Hall; S 1/2 N 1/2, N 1/2 SW 1/4, SE 1/4 SW 1/4, SE 1/4, Sec. 34; SW 1/4 SW 1/4 Sec. 35; T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

91
Name: JOHN H. GRAVES.
Stream: Nelson Creek.
Description of land: Set out in finding as to Paul Teihl, et al.
Note: Land was transferred by this defendant before service of process upon him, by mesne conveyances to defendants Paul Teihl, et al., who answered but submitted no proof.

92
Name: L. B. GRAVES.
Stream: Stony Creek.
Description of land: SE 1/4 SW 1/4 Sec. 35, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

93
Name: W. R. GRAVES.
Streams: Stony Creek and Hambright Creek.
Description of land: W 1/2 Sec. 2; SE 1/4 NE 1/4, E 1/2 SE 1/4, Sec. 3; E 1/2 E 1/2 Sec. 10; W 1/2 Sec. 11; N 1/2 NW 1/4, N 1/2 S 1/2 NW 1/4, Sec. 14; NE 1/4 NE 1/4, N 1/2 SE 1/2 NE 1/4, Sec. 15; T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

94
Name: P. H. GREEN.
Stream: Tributary Stony Creek.
Description of land: All of sections 25, 26, 35, 36; NE 1/4 Sec. 34; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 52

95
Name: W. A. GREENWOOD.
Stream: Stony Creek.
Description of land: W 1/2 SW 1/4 Sec. 9; that part of sec. 16, and of the W 1/2 Sec. 15, north of Hambright Creek and south of Stony Creek; T. 22 N., R. 3 W., M. D. B. & M., County of Glenn, State of California.

96
Name: C. W. GRIFFIN.
Streams: Tributaries of North Fork Stony Creek and of Grindstone Creek.
Description of land: NE 1/4 Sec. 25, T. 23 N., R. 7 W.; E 1/2 SE 1/4 SW 1/4 SW 1/4, S 1/2 SE 1/4 SW 1/4, that portion of S 1/2 SW 1/4 SE 1/4 west of County road, Sec. 19; NW 1/4, that portion of NE 1/4 west of County road, Sec. 30; T. 23 N., R. 6 W., M. D. B. & M., County of Tehama, State of California.

97
Name: E. R. GRIFFITH.
Stream: Stony Creek.
Description of land: Set out in finding as to Martin Mirande.
Note: Land, or interest therein, transferred by this defendant before service of process upon him to defendant Martin Mirande, who owned the land at the time of service of process upon him, and against whom order pro confesso has also been taken.

98
Name: W. H. GRIFFITH.
Stream: Tributary Stony Creek.
Description of land: Set out in finding as to Martin Mirande.

[p.] 53

Note: Land, or interest therein, transferred by this defendant before service of process upon him to defendant Martin Mirande, who owned the land at time of service of process upon him, and against whom order pro confesso has also been taken.

99
Name: MRS. H. HAMILTON.
Stream: Grindstone Creek.
Description of land: E 1/2 SW 1/4 Sec. 3; NW 1/4 NE 1/4, NE 1/4 NW 1/4, Sec. 10; T. 22 N., R. 9 W., M. D. B. & M., County of Glenn, State of California.

100
Name: OSWALD HANDLES.
Stream: Stony Creek.
Description of land: Lots 14 and 78b of Van Scycle Tract as shown on map on file as county record, Book 6 of Maps and Surveys, County of Glenn, State of California.

101
Name: ED. HARKNESS.
Stream: Stony Creek.
Description of land: Set out in finding as to Andrew Kaiser.
Note: It was erroneously assumed when this defendant was made a party that he had some undivided interest in the lands instead of a mortgage or trust deed which he then held.

102
Name: G. B. HARLAN.
Stream: Little Stony Creek.
Description of land: S 1/2 SW 1/4 NW 1/4, N 1/2 NW 1/4 SW 1/4, Sec. 5; S 1/2 SE 1/4 NE 1/4, N 1/2 NE 1/4 SE 1/4, Sec.

[p.] 54

6; T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

103
Name: W. F. HARLAN.
Stream: Little Stony Creek.
Description of land: Set out in finding as to G. B. Harlan.

104
Name: H. C. HASKELL.
Stream: Tributary Stony Creek.
Description of land: E 1/2 NE 1/4 Sec. 30, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

105
Name: M. A. HAYWARD.
Stream: Stony Creek.
Description of land: Lot U, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

106
Name: K. G. HEARD.
Stream: Big Stony Creek.
Description of land: SW 1/4 Sec. 9, T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

107
Name: HENDERSON LONGTON CO.
Stream: Tributary Stony Creek.
Description of land: S 1/2 SE 1/4 Sec. 24, T. 23 N., R. 5 W., M. D. B. & M., County of Tehama, State of California.

[p.] 55

108
Name: W. G. HENNEKE.
Stream: Little Indian Creek.
Description of land: S 1/2 S 1/2 Sec. 36; T. 17 N., R. 6 W.; all of Sec. 1, excepting the NW 1/4 NE 1/4 and fractional S 1/2 S 1/2 SE 1/4 east of Little Indian Creek; E 1/2 E 1/2, SW 1/4 NE 1/4, Sec. 2; that part of E 1/2 west of Little Indian Creek, NW 1/4, E 1/2 SW 1/4, Sec. 12; NE 1/4, E 1/2 NW 1/4, Sec. 13; T. 16 N., R. 6 W.; M. D. B. & M., County of Colusa, State of California.

109
Name: FRANK HICKOK.
Stream: Tributary Stony Creek.
Description of land: W 1/2 Sec. 13; E 1/2 E 1/2 Sec. 14; E 1/2 NE 1/4 Sec. 23; NW 1/4, W 1/2 SW 1/4, Sec. 24; NW 1/4 NW 1/4, S 1/2 NW 1/4, Sec. 25; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon him to defendants A. P. Wakefield, et al., who answered and submitted proof.

110
Name: CALLIE E. HIGHTOWER.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 Sec. 30; N 1/2 Sec. 31; T. 23 N., R. 6 W.; S 1/2 Sec. 25; NE 1/4, S 1/2 NW 1/4, N 1/2 S 1/2, Sec. 36; T. 23 N., R. 7 W.; M. D. B. & M., County of Tehama, State of California.

111
Name: JOSEPHINE A. HOLT.
Stream: Stony Creek,
Description of land: S 1/2 NE 1/4, NE 1/4 SE 1/4, Sec. 1, T. 22 N., R. 4 W.; M. D. B. & M., County of Glenn, State of California,

[p.] 56

112
Name: G. E. HOOK.
Stream: Tributary Indian Creek.
Description of land: NW 1/4 NW 1/4, S 1/2 NW 1/4, SW 1/4, SW 1/4 SE 1/4, E 1/2 SE 1/4, Sec. 18; NE 1/4, N 1/2 NW 1/4, NW 1/4 SE 1/4, Sec. 19; T. 17 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

113
Name: H. H. HOUSTON.
Stream: Tributary North Fork Elk Creek.
Description of land: SE 1/4 SE 1/4 Sec. 7; SW 1/4 SW 1/4 Sec. 8; T. 20 N., R. 7 W.; M. D. B. & M., County of Glenn, State of California.
Note: Sued as Administrator of the estate of Lucy Houston, deceased, but subsequently found to have no authorization as such Administrator.

114
Name: J. W. HOWELL.
Stream: Tributary Briscoe Creek.
Description of land: Set out in finding as to J. P. Lucas.
Note: Land transferred by this defendant before service of process upon him to defendant J. P. Lucas, who owned the land at the time of service of process upon him, and against whom order pro confesso also has been taken.

115
Name: LOUISA M. HULEN.
Stream: North Fork Stony Creek.
Description of land: Part of the D. H. Masterson estate, as set out in answer of Mrs. D. H. Masterson, et al.

[p.] 57
Note: Land transferred by this defendant before service of process upon her to defendant D. H. Masterson, whose successors in interest Mrs. D. H. Masterson, et al., answered and submitted proof.

116
Name: JOHN HULL.
Stream: Tributary Grindstone Creek.
Description of land: E 1/2 SW 1/4 Sec. 31, T. 22 N., R. 6 W.; E 1/2 NW 1/4, S 1/2, being lots 3, 8 and 11 to 20 inclusive, Sec. 6; N 1/2, being lots 1 to 10 inclusive, Sec. 7; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

117
Name: BYRON IVORY.
Stream: Elk Creek.
Description of land: One-half interest in Lot T, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

118
Name: C. E. JAMESON.
Stream: Tributary Stony Creek.
Description of land: E 1/2 E 1/2, SW 1/4 SW 1/4, Sec. 17; SW 1/4 NE 1/4, W 1/2 SE 1/4, lots 2 and 6, S 1/2 lots 7 and 8, Sec. 18; lot 1 (or NW 1/4 NE 1/4), SE 1/4 NE 1/4, NE 1/4 SE 1/4, S 1/2 SE 1/4, Sec. 19; NW 1/4 NW 1/4, E 1/2 NW 1/4, Sec. 20; S 1/2 SW 1/4 Sec. 28; NW 1/4 NE 1/4, S 1/2 NE 1/4, SW 1/4 NW 1/4, NE 1/4 SE 1/4, Sec. 29; N 1/2 NE 1/4, SE 1/4 NE 1/4, E 1/2 NW 1/4, S 1/2 SE 1/4, Sec. 30; T. 19 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.

[p.] 58

119
Name: JOHN JOHANNSEN.
Stream: Stony Creek.
Description of land: The Johannsen estate as set out in the answer of John O. Johannsen, et al.
Note: This defendant died after service of process upon him. Successors in interest, defendants John 0. Johannsen, et al., answered and submitted proof.

120
Name: P. A. JONES.
Streams: South Fork and Middle Fork Big Stony Creek.
Description of land: E 1/2 NW 1/4 Sec. 28, T. 18 N., R. 8 W., County of Lake; S 1/2 S 1/2 Sec. 27; N 1/2 SW 1/4 Sec. 28; T. 18 N., R. 8 W.; NW 1/4 NE 1/4, N 1/2 NW 1/4, Sec. 2; NE 1/4 NE 1/4 Sec. 3; W 1/2 NW 1/4 Sec. 10; SW 1/4 NW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4, SW 1/4 SE 1/4, Sec. 11; N 1/2 SW 1/4 Sec. 16; T. 17 N., R. 8 W.; County of Colusa; M. D. B. & M.; State of California.

121
Name: A. Z. JONES,
Streams: South Fork and Middle Fork Big Stony Creek.
Description of land; Set out in finding as to P. A. Jones.

122
Name: SUSAN A. JULIAN.
Stream: Tributary Stony Creek.
Description of land: All of sec. 24, T. 21 N., R. 6 W., M. D. B. M., County of Glenn, State of California.

[p.] 59

123
Name: WILLIAM JULIAN.
Note: No land in Stony Creek watershed on record in name of this defendant.

124
Name: WM. KAISER.
Stream: Stony Creek.
Description of land: Lot 70 of Van Scycle Tract, County of Glenn, State of California.

125
Name: M. V. KALLOCH.
Stream: Paradise Creek.
Description of land: E 1/2 NW 1/4 NW 1/4, W 1/2 NE 1/4 NW 1/4, Sec. 32, T. 18 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

126
Name: KATE KARRIER.
Stream: Stony Creek.
Description of land: Lot 75 of Van Scycle Tract, County of Glenn, State of California,

127
Name: G. W. KELLER.
Stream: Heifer Camp Creek.
Description of land: SW 1/4 Sec. 18, T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant J. T. Edwards, who answered and submitted proof.

[p.] 60

128
Name: H. R. KELLER.
Stream: Tributary North Fork Stony Creek.
Description of land: W 1/2 NW 1/4 Sec. 18, T. 22 N., R. 6 W.; N 1/2 NW 1/4, SW 1/4 NW 1/4, Sec. 16; T. 22 N., R. 7 W.; M. D. B. & M., County of Glenn, State of California.

129
Name: H. D. KNIGHT.
Stream: Elk Creek.
Description of land: Lots B, E, F, N, R, S & O, Elk Creek, plat as shown in County records, Book 1 of Maps and Surveys, page 80; County of Glenn, State of California.

130
Name: ALEX KRAFT.
Stream: Stony Creek.
Description of land: lot 78a of Van Scycle Tract, County of Glenn, State of California.

131
Name: WlLLIAM KRAUS.
Stream: Tributary Little Stony Creek.
Description of land: SE 1/4 NW 1/4, N 1/2 SW 1/4, SE 1/4 SW 1/4, Sec. 4; E 1/2 SE 1/4 Sec. 5; NE 1/4 NW 1/4 Sec. 9; T. 17 N., R. 6 W., M. D. B. & M. County of Colusa, State of California.

132
Name: F. W. LAUGHLIN.
Stream: Stony Creek.
Description of land: Part of land of defendant, F. A. Graves, set out in finding as to said defendant.

[p.] 61

Note: Land transferred by this defendant before service of process upon him to defendant F. A. Graves, who owned the land at time of service of process upon him and against whom order pro confesso has also been taken.

133
Name: J. J. LEA.
Stream: Little Stony Creek.
Description of land: W 1/2 NW 1/4 (or lots 4 and 5) Sec. 3; N 1/2 NE 1/4 (or lots 1 and 2), S 1/2 NE 1/4, NE 1/4 NW 1/4 (or lot 3), Sec. 4; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

134
Name: A. E. LINDSTRUM.
Stream: Tributary Stony Creek.
Description of land: E 1/2 SE 1/4 Sec. 32; W 1/2 SW 1/4 Sec. 33; T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

135
Name: ALICE M. LOVELADY.
Note: No land in Stony Creek watershed on record in name of this defendant.

136
Name: J. P. LUCAS.
Stream: Tributary Briscoe Creek.
Description of land: E 1/2 SW 1/4, W 1/2 SE 1/4, NE 1/4 SE 1/4, Sec. 19, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 62

137
Name: ZACHARIAS LUCE.
Stream: Heifer Camp Creek.
Description of land: SE 1/4 NE 1/4, NE 1/4 NW 1/4 SE 1/4, N 1/2 NE 1/4 SE 1/4, Sec. 8; NW 1/4 NW 1/4, S 1/2 NW 1/4, N 1/2 N 1/2 SW 1/4, Sec. 9; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of CaHfornia.

138
Name: DELLA LUDLOW.
Stream: Briscoe Creek.
Description of land: SE 1/4 SW 1/4 Sec. 17, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

139
Name: OSCAR LUNDGREN.
Stream: Salt Creek.
Description of land: S 1/2 Sec. 32, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California

140
Name: MARY LYONS.
Streams: Tributaries Stony Creek and North Fork Stony Creek.
Description of land: Part of land of defendant, E. C. Shults, set out in finding as to said defendant.
Note: Land transferred by this defendant before service of process upon her to defendant E. C. Shults, who disclaimed.

[p.] 63

141
Name: J. N. MAHAN.
Stream: Little Stony Creek.
Description of land: S 1/2 NE 1/4 SW 1/4, S 1/2 NW 1/4 SE 1/4, SW 1/4 SE 1/4, SW 1/4 SE 1/4 SE 1/4, Sec. 9, T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

142
Name: E. B. MANN.
Stream: Salt Creek.
Description of land: SW 1/4 NE 1/4, SE 1/4 NW 1/4, SW 1/4 SW 1/4, E 1/2 SW 1/4, SE 1/4, Sec. 31, T. 21 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.

143
Name: MRS. J. S. MANSON.
Stream: Elk Creek.
Description of land: S 1/2 NE 1/4, W 1/2 SE 1/4 Sec. 8; SW 1/4 NW 1/4, West 26 acres of SE 1/4 NW 1/4, Sec. 9; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

144
Name: J. H. MANSON.
Stream: South Fork Elk Creek.
Description of land: Set out in finding as to Linda Manson, Administratrix of the estate of J. H. Manson, deceased.
Note: This defendant died after service of process upon him. Successor in interest is defendant Linda Manson, Administratrix of his estate, against whom order pro confesso has also been taken.

[p.] 64

145
Name: LINDA MANSON, Administratrix of the estate of J. H. Manson, deceased.
Stream: South Fork Creek.
Description of land: SW 1/4 NW 1/4, NW 1/4 SW 1/4, Sec. 30; T. 20 N., R. 7 W.; E 1/2 NE 1/4 Sec. 25, T. 20 N., R. 8 W.; M. D. B. & M., County of Glenn, State of California.
Note: Land was part of said estate at time of service of process.

146
Name: D. A. MARKHAM.
Stream: Stony Creek.
Description of land: Part of lands of defendant G. W. Markham, set out in answer of said defendant.
Note: Land transferred by this defendant after service of process upon him to defendant G. W. Markham, who answered and submitted proof.

147
Name: W. H. MARKHAM.
Stream: Elk Creek.
Description of land: Set out in finding as to Geo. R. Freeman, Administrator of the estate of W. H. Markham, deceased.
Note: This defendant died after service of process upon him. Successor in interest is defendant Geo. R. Freeman, Administrator of his estate against whom order pro confesso has also been taken.

148
Name: EDITH C. MARTIN.
Stream: Tributary North Fork Stony Creek.
Description of land: Set out in finding as to Jesse Walcott.

[p.] 65

Note: Land transferred by this defendant before service of process upon her, by mesne conveyances, to defendant Jesse Walcott, who owned the land at time of service of process upon him and against whom order pro confesso has also been taken.

149
Name: G. L. MASON.
Stream: Big Stony Creek.
Description of land: SE 1/4 NE 1/4, E 1/2 SE 1/4 (being lots 8, 9 and 16) in Sec. 36, T. 18 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

150
Name: D. H. MASTERSON.
Stream: North Fork Stony Creek.
Description of land: Set out in answer of Mrs. D. H. Masterson, et al.
Note: This defendant died after service of process upon him. Successors in interest, Mrs. D. H. Masterson, et al., answered and submitted proof.

151
Name: JAMES MASTERSON.
Stream: North Fork Stony Creek.
Description of land: NE 1/4 NW 1/4 Sec. 4; T. 22 N., R. 5 W., County of Glenn; SE 1/4 NW 1/4 Sec. 32; T. 23 N., R. 5 W.; County of Tehama; M. D. B. & M.; State of California.

152
Name: JAMES MATHEWS.
Stream: Tributary Indian Creek.
Description of land: W 1/2 SE 1/4 Sec. 24; W 1/2 NE 1/4 Sec. 25; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

[p.] 66

153
Name: H. MAYFIELD.
Stream: Stony Creek.
Description of land: The North 25 feet of lot V, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

154
Name: JAMES MCCALL.
Stream: Stony Creek.
Description of land: Lot 78a, Van Scycle Tract, County of Glenn, State of California.

155
Name: MARY J. MCCUNE.
Stream: Stony Creek.
Description of land: Set out in finding as to Joseph M. Billiou.
Note: This defendant held undivided interest in the lands at time of service of process.

156
Name: PEARL MAKINNEY.
Stream: Grindstone Creek.
Description of land: NE 1/4, E 1/2 NW 1/4, NW 1/4 NW 1/4, NE 1/4 SW 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 16, T. 22 N., R. 9 W., M. D. B. & M., County of Glenn, State of California.

157
Name: I. E. MECUM.
Stream: North Fork Stony Creek.
Description of land: Part of the estate of D. H. Masterson, deceased, and set out in answer of his Successors

[p.] 67

Note: Land transferred by this defendant before service of process upon him, through mesne conveyances, to D. H. Masterson, whose successors in interest, Mrs. D. H. Masterson, et al., answered and submitted proof.

158
Name: CHRIS. MIKKELSON.
Stream: Tributary Stony Creek.
Description of land: Lot 2, S 1/2 NE 1/4, W 1/2 W 1/2, SE 1/4 SW 1/4, Sec. 1, T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

159
Name: HENRY MILLIGAN.
Stream: Heifer Camp Creek.
Description of land: Lots 2, 3 and 4, E 1/2 W 1/2, Sec. 36; T. 19 N., R. 6 W.; W 1/2 SW 1/4, SE 1/4, Sec. 7; SW 1/4, W 1/2 W 1/2 SE 1/4, Sec. 8; W 1/2 W 1/2 NW 1/4 Sec. 17; NE 1/4, E 1/2 NW 1/4, Sec. 18; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

160
Name: ANN MILLSAPS.
Stream: Watson Creek.
Description of land: Set out in finding as to Morilla Millsaps.
Note: Land transferred by this defendant before service of process upon her to defendant Morilla Millsaps, who owned the land at time of service of process upon her and against whom order pro confesso has also been taken.

[p.] 68

161
Name: BYRON MILLSAPS.
Stream: Stony Creek.
Description of land: Part of Lot V and part of Lot U, Elk Creek, as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

162
Name: CHAS. MILLSAPS.
Stream: Tributary Grindstone Creek.
Description of land: W 1/2 SW 1/4 NW 1/4, W 1/2 W 1/2 SW 1/4, Sec. 3; E 1/2 E 1/2 Sec. 4; E 1/2 NE 1/4, NE 1/4 SE 1/4, Sec. 9; W 1/2 W 1/2 NW 1/4, W 1/2 NW 1/4 SW 1/4, Sec. 10; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

163
Name: DORA MILLSAPS.
Stream: Tributary Grindstone Creek.
Description of land: E 1/2 NE 1/4, SW 1/4 NE 1/4, E 1/2 W 1/2, NE 1/4 SE 1/4, Sec. 23; N 1/2 NW 1/4 Sec. 26; E 1/2 NE 1/4 Sec. 27; T. 21 N., R. 8 W., M. D. B. & M., County of Glenn, State of California.

164
Name: JAMES MILLSAPS.
Stream: Heifer Camp Creek.
Description of land: S 1/2 S 1/2, W 1/2 NW 1/4 SW 1/4; 35 acres in the N 1/2 S 1/2, Sec. 17; SE 1/4 Sec. 18; N 1/2 NE 1/4 Sec. 19; E 1/2, E 1/2 W 1/2, NW 1/4 NW 1/4, Sec. 20; N 1/2 NE 1/4, NE 1/4 NW 1/4, E 1/2 E 1/2 NW 1/4 NW 1/4, Sec. 29; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 69

165
Name: JOHN H. MILLSAPS.
Stream: Watson Creek.
Description of land: SE 1/4 Sec. 5, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

166
Name: JOHN H. MILLSAPS, Administrator of estate of A. J. MILLSAPS, deceased.
Stream: Watson Creek.
Description of land: SE 1/4 Sec. 5, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land was part of said estate at time of service of process.

167
Name: JOSEPH MILLSAPS.
Stream: Stony Creek.
Description of land: E 1/2, SE 1/4 NW 1/4, E 1/2 SW 1/4 NW 1/4, E 1/2 W 1/2 SW 1/4, E 1/2 SW 1/4, Sec. 3; E 1/2, E 1/2 NW 1/4, E 1/2 W 1/2 NW 1/4, NE 1/4 SW 1/4, E 1/2 NW 1/4 SW 1/4, Sec. 10; NE 1/4, N 1/2 SE 1/4, Sec. 15; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

168
Name: MORILLA MILLSAPS.
Stream: Tributary Grindstone Creek.
Description of land: E 1/2 NE 1/4, SW 1/4 NE 1/4, E 1/2 W 1/2, NE 1/4 SE 1/4, Sec. 23; N 1/2 NW 1/4 Sec. 26; E 1/2 NE 1/4 Sec. 27; T. 21 N., R. 8 W., M. D. B. & M., County of Glenn, State of California.

[p.] 70

169
Name: ORRIN L. MILLSAPS.
Stream: Tributary Heifer Camp Creek.
Description of land: S 1/2 NW 1/4. that portion N. and W. of County road of SW 1/4, S 1/2 S 1/2 NE 1/4 and of SE 1/4, Sec. 21, T. 22 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.

170
Name: MARTIN MIRANDE.
Stream: Tributary Stony Creek.
Description of land: S 1/2 NE 1/4, W 1/2 SE 1/4, Sec. 20; S 1/2, S 1/2 N 1/2 (excepting 1.69 acres right-of-way of Ellen Hunter) Sec. 21; N 1/2, SW 1/4 Sec. 28; all of Sec. 29; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

171
Name: MONTAGUE & FAXON.
Stream: Hambright Creek.
Description of land: NW 1/4 NE 1/4, S 1/2 NE 1/4, SE 1/4, Sec. 11; S 1/2 N 1/2, S 1/2 Sec. 12; NW 1/4 Sec. 13; NE 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 14; T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

172
Name: T. W. MORRIS.
Stream: Big Stony Creek.
Description of land: The West 30 acres of Lot 5 or SW 1/4 NW 1/4, W. 60 acres of Lots 12 and 13 or W 1/2 SW 1/4 of Sec. 31, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

[p.] 71

173
Name: WILLIAM MOTT.
Stream: Tributary Indian Creek.
Description of land: Set out in finding as to G. E. Hook.
Note: Land transferred by this defendant before service of process upon him to defendant G. E. Hook, who owned the land at time of service upon him, and against whom order pro confesso has also been taken.

174
Name: H. M. NELSON.
Stream: Stony Creek.
Description of land: Part of right-of-way of Northern Electric Railway Company, being a strip of land 60 feet, more or less, in width, crossing Stony Creek, eight thousand feet, more or less, above its mouth at the Sacramento River, County of Glenn, State of California.

175
Name: J. A. NELSON.
Stream: Mad Creek.
Description of land: SW 1/4 Sec. 29, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

176
Name: SAVINA NELSON.
Stream: Stony Creek.
Description of land: Lot 13 of Van Scycle Tract, County of Glenn, State of California.

177
Name: MARY ANN NEWTON.
Stream: Indian Creek.
Description of land: SE 1/4 NE 1/4, E 1/2 SE 1/4, Sec. 35, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

[p.] 72

178
Name: P. M. NIESEN.
Stream: Tributary Stony Creek.
Description of land: W 1/2 NE 1/4, NW 1/4 SE 1/4, Sec. 30; SW 1/4 SE 1/4 Sec. 19; T. 21. R. 6 W., M. D. B. & M., County of Glenn, State of California.

179
Name: J. D. NORDYKE.
Stream: Indian Creek.
Description of land: N 1/2 NW 1/4, SE 1/4 NW 1/4, SW 1/4 NE 1/4, Sec. 23; SW 1/4 NW 1/4, W 1/2 SW 1/4, SE 1/4 SW 1/4, NE 1/4 SE 1/4, Sec. 24; T. 16 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

180
Name: NORTHERN ELECTRIC RY. CO.
Stream: Stony Creek.
Description of land: The North 61.6 acres of the south 288.01 acres of the 800 acre tract described in finding as to Joseph M. Billiou, County of Glenn, State of California.

181
Name: D. J. OAKS.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 SW 1/4 Sec. 18; NW 1/4, N 1/2 SW 1/4, Sec. 19; T. 23 N., R. 6 W.; SE 1/4 SE 1/4 Sec. 13, T. 23 N., R. 7 W., M. D. B. & M.; County of Tehama, State of California.

182
Name: ORLAND LAND COMPANY.
Stream: Stony Creek.
Description of land: Lots in Murdoch subdivision numbered as follows: 89, 90, 91, 100, 101 (in

[p.] 73

section 8); 85, 86, 92, 93, 94, 96, 97, 98, 99 (in section 7) ; 107, 108, 112, 113 (in section 6); T. 22 N., R. 3 W.; 110, 111 (in section 1); 106 (in section 12); T. 22 N., R. 4 W.; M. D. B. & M., County of Glenn, State of California.

183
Name: ALBERT PAPST.
Stream: Hambright Creek.
Description of land: All of Sec. 17; NW 1/4 NW 1/4 Sec. 20; T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

184
Name: IDA PAPST.
Stream: Hambright Creek.
Description of land: S 1/2 NE 1/4, SE 1/4 NW 1/4, E 1/2 SW 1/4, SE 1/4, Sec. 8; NE 1/4, E 1/2 NW 1/4, Sec. 16; T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

185
Name: MATHIAS PEDERSEN.
Stream: Stony Creek.
Description of land: Set out in finding as to L. B. Graves.
Note: Land transferred by this defendant before service of process upon him to defendant L. B. Graves, who owned the land at time of service upon him, and against whom order pro confesso has also been taken.

186
Name: CHAS. POWELL.
Stream: Tributary Grindstone Creek.
Description of land: NE 1/4 Sec. 8, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 74

187
Name: MARY POWELL.
Stream: Tributary Grindstone Creek.
Description of land: S 1/2 NW 1/4, SW 1/4, Sec. 5; NE 1/4 (being lots 1, 2, 9 and 10) Sec. 6; W 1/2 Sec. 8; N 1/2 NW 1/4 Sec. 17; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

188
Name: Mrs. J. A. PRICE.
Stream: North Fork Stony Creek.
Description of land: E 1/2 SW 1/4, SE 1/4, Sec. 34; NW 1/4 SW 1/4 Sec. 35; T. 23 N., R. 5 W., M. D. B. & M., County of Tehama, State of California.
Note: This defendant, in lieu of service of process upon her, voluntarily appeared by way of stipulation of Nov. 4, 1919, in re settlement of pleadings, etc.

189
Name: A. L. PROVINCE.
Stream: Elk Creek.
Description of land: E 1/2 E 1/2 Sec. 29, T. 20 N., R. 7 W., M. B. B. &, M., County of Glenn, State of California.

190
Name: ELVIRA R. PROVINCE.
Stream: Elk Creek.
Description of land: E 1/2, E 1/2 SW 1/4, lot 4 of SW 1/4, Sec. 7; NW 1/4, excepting the NE 6 acres thereof transferred to J. S. Sale, Sec. 8; Lot 1 of NW 1/4 Sec. 18; T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 75

191
Name: MARY E. PROVINCE.
Note: No land in Stony Creek watershed on record in name of this defendant.

192
Name: C. B. PURINGTON.
Stream: Little Stony Creek.
Description of land: N 1/2 SE 1/4 Sec. 8; W 1/2 SW 1/4 Sec. 9; T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

193
Name: CHARLOTTE R. RAGLAN.
Stream: North Fork Stony Creek.
Description of land: N 1/2 NE 1/4, N 1/2 S 1/2 NE 1/4, N 1/2 NW 1/4, Sec. 21; NW 1/4 NW 1/4 Sec. 22; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

194
Name: S. A. RALSTON.
Stream: Stony Creek.
Description of land: Set out in answer of A. P. Wakefield and Frank Whalley.
Note: Land, or interest therein, transferred by this defendant after service of process upon him to defendant Frank Whalley, who answered and submitted proof.

195
Name: H. G. RAWLINS.
Stream: Tributary Salt Creek.
Description of land: That part north of road (43.5 acres) of E 1/2 NE 1/4 Sec. 32; NW 1/4 NW 1/4

[p.] 76

Sec. 33; T. 21 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

196
Name: GEORGE RAY.
Stream: Little Stony Creek.
Description of land: SW 1/4 NE 1/4, N 1/2 SE 1/4 NE 1/4, Sec. 6; N 1/2 SW 1/4 NW 1/4, W 1/2 SE 1/4 NW 1/4, Sec. 5; T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

197
Name: ELIZABETH REES.
Stream: Little Indian Creek.
Description of land: NE 1/4 NE 1/4 Sec. 30, T. 16 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

198
Name: JOHN S. REES.
Stream: Little Indian Creek.
Description of land: NE 1/4 SE 1/4, Sec. 13; T. 16 N., R. 6 W.; S 1/2 SW 1/4, SW 1/4 SE 1/4, Sec. 17; W 1/2 W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 18; NE 1/4 N 1/4, W 1/2 NE 1/4, NW 1/4, NE 1/4 SW 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4 Sec. 19; NW 1/4 NE 1/4, W 1/2 NW 1/4, SE 1/4 NW 1/4, NE 1/4 SW 1/4, Sec. 20; T. 16 N., R. 5 W.; M. D. B. & M., County of Colusa, State of California.

199
Name: ISABEL E. REYNOLDS.
Stream: Stony Creek.
Description of land: E 1/2, NW 1/4, Sec. 27, T. 21 N., R. 6 W., M, D. B. & M., County of Glenn, State of California,

[p.] 77

Note: This defendant died after service of process. Successor in interest, defendant Eugene K. Reynolds, Administrator of estate, filed answer but failed to submit proof. True name, as given in said answer, Isidore Reynolds, idem sonans.

200
Name: ELISHA RICH.
Stream: Briscoe Creek.
Description of land: W 1/2 E 1/2 Sec. 30, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

201
Aame: HARRISON B. RILEY.
Streams: Tributaries Grindstone, Salt Creek and Elk Creek.
Description of land: SW 1/4, S 1/2 SE 1/4, NE 1/4 SE 1/4, Sec. 16; E 1/2 SE 1/4 Sec. 19; SW 1/4 SW 1/4 Sec. 20; W 1/2 NW 1/4 Sec. 27; NE 1/4, N 1/2 NW 1/4, Sec. 28; SW 1/4 NE 1/4, NW 1/4 NW 1/4, SE 1/4 NW 1/4, E 1/2 SW 1/4 Sec. 29; T. 22 N., R. 8 W.; SW 1/4, NW 1/4 NW 1/4 Sec. 5; NE 1/4 NE 1/4, NW 1/4, S 1/2, Sec. 6; W 1/2, SE 1/4, Sec. 8; NW 1/4 Sec. 17; all sec. 18; SW 1/4 NE 1/4, W 1/2, W 1/2 SE 1/4, Sec. 19; NW 1/4 SE 1/4, S 1/2 S 1/2, Sec. 25; W 1/2 NE 1/4, S 1/2 NW 1/4, SW 1/4, S 1/2 SE 1/4, Sec. 26; SW 1/4 NE 1/4, S 1/2, Sec. 27; E 1/2 E 1/2, SW 1/4 SE 1/4, SW 1/4, Sec. 28; SW 1/4 NE 1/4, NW 1/4 NW 1/4, S 1/2 NW 1/4, N 1/2 SW 1/4, SE 1/4 SW 1/4, SE 1/4, Sec. 29; N 1/2, N 1/2 SW 1/4, W 1/2 SE 1/4, Sec. 30; N 1/2 NE 1/4 Sec. 32; NE 1/4, E 1/2 NW 1/4, NW 1/4 NW 1/4, Sec. 33; NE 1/4 NE 1/4, NW 1/4 NW 1/4, S 1/2 NW 1/4, SW 1/4, SW 1/4 SE 1/4, E 1/2 SE 1/4, Sec. 34; All Sec. 35; All Sec. 36; T. 21 N., R. 8 W.; SW 1/4 SW 1/4 Sec. 30; NW 1/4 NW 1/4, S 1/2 NW 1/4, W 1/2 SW 1/4, Sec. 31; T. 21 N., R. 7 W.; NW 1/4 Sec. 18, T. 20 N., R. 7 W.; all Sec. 2; N 1/2 Sec. 3; NE 1/4 Sec. 11; NW 1/4 Sec. 13; T. 20 N., R. 8 W.; M. D. B. M., County of Glenn, State of Califomia.

[p.] 78

Note: This defendant appeared on the assessment roll as owner of the above described lands but his interest evidently was that of agent and trustee for The Miami Corporation, in whom record title appears.

202
Name: JAMES RODEN.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 NE 1/4 Sec. 29; E 1/2 NW 1/4, SE 1/4, N 1/2 SW 1/4, S 1/2 S 1/2 NE 1/4, S 1/2 S 1/2 NW 1/4, a strip, containing 15 acres off the east side of the SW 1/4 SE 1/4, Sec. 28; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant had undivided interest in described land at time of service of process upon him.

203
Name: WALTER RODEN.
Stream: Tributary North Fork Stony Creek.
Description of land: Set out in finding as to James Roden,
Note: This defendant had undivided interest in the land at time of service of process upon him.

204
Name: ELIZ. A. RODGERS.
Stream: Stony Creek.
Description of land: NE 1/4 NE 1/4 Sec. 3, T. 22 N., R. 4 W.; S 1/2 NW 1/4 Sec. 19; T. 22 N., R. 5 W.; W 1/2 W 1/2 Sec. 15; that part east of Stony Creek of Sec. 16; E 1/2 E 1/2, SW 1/4 SE 1/4, that part east of Stony Creek of W 1/2 W 1/2, Sec. 21; NW 1/4 NW 1/4 Sec, 22; N 1/2 NE 1/4, NW 1/4 NW 1/4, Sec. 28, T. 18

[p.] 79

N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.

205
Name: M. ROSENBERG.
Stream: Briscoe Creek.
Description of land: Set out in finding as to Henry Steinbach.
Note: No land in Stony Creek watershed on record in name of this defendant. Interest, if any, is in land of which the record title was in name of defendant Henry Steinbach at time of service of process upon him and against whom order pro confesso has also been taken.

206
Name: WILLIAM ROSER.
Stream: Stony Creek.
Description of land: Set out in finding as to defendant F. A. Graves, being a part of the lands of said defendant.
Note: Land transferred by this defendant before service of process upon him to defendant F. A. Graves, who owned the land at time of service of process upon him and against whom order pro confesso has also been taken.

207
Name: KATE ROWECROFT.
Stream: Tributary Grindstone Creek.
Description of land: S 1/2, being lots 11 to 20, inclusive, Sec. 7; and W 1/2 NW 1/4, being lots 4, 5, 6 and 7, Sec. 18; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 80

208
Name: SACRAMENTO VALLEY IRRIGATION CO.
Stream: Stony Creek.
Description of land: Set out in finding as to James Mills Orchards Corporation and Esperanza Land Corporation.
Note: Land transferred by this defendant before service of process upon it to defendants James Mills Orchards Corporation and Esperanza Land Corporation, both of which disclaimed.

209
Name: SACRAMENTO VALLEY WEST SIDE CANAL CO.
Note: No land in Stony Creek watershed on record in name of this defendant. The property involved, including canals, ditches, right-of-way, and water rights, was transferred before service of process to the Glenn-Colusa Irrigation District, which answered.

210
Name: CARRIE SANFORD.
Stream: Little Stony Creek.
Description of land: SW 1/4 SW 1/4, or Lot 4, Sec. 31; T. 17 N., R. 7 W.; NW 1/4 NW 1/4, S 1/2 NW 1/4, NW 1/4 SW 1/4, Sec. 6; T. 16 N.; R. 7 W.; E 1/2 SE 1/4 Sec. 1, T. 16 N., R. 8 W.; SE 1/4 SE 1/4 Sec. 12; N 1/2 NE 1/4 Sec. 13; T. 17 N., R. 8 W,; M. D. B. & M., County of Colusa, State of California.

211
Name: S. SAVIO.
Stream: Stony Creek.
Description of land: W 1/2 SE 1/4 Sec. 35, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

[p.] 81

212
Name: BARBARA SCHMITZER.
Stream: Indian Creek.
Description of land: SW 1/4 SE 1/4 Sec. 7; W 1/2 NE 1/4, SE 1/4 NE 1/4, NE 1/4 NW 1/4, Sec. 18; T. 17 N., R. 5 W.; S 1/2 SW 1/4 Sec. 6; NW 1/4 NE 1/4, NE 1/4 NW 1/4, Sec. 7; T. 16 N., R. 7 W.; M. D. B. & M., County of Colusa, State of California.

213
Name: B. N. SCRIBNER CO.
Stream: North Fork Stony Creek.
Description of land: W 1/2 Sec. 16; E 1/2 Sec. 17; E 1/2 Sec. 20; W 1/2, W 1/2 NE 1/4, NW 1/4 SE 1/4, Sec. 21; W 1/2 W 1/2 Sec. 28; E 1/2 Sec. 29; NE 1/4 Sec. 32; NW 1/4 Sec. 33; T. 23 N., R. 6 W., M. D. B. & M., County of Tehama, State of California.

214
Name: J. A. SCRIBNER, Administrator of the estate of G. W. LANTZ, deceased.
Stream: Tributary North Fork Stony Creek.
Description of land: S 1/2 NW 1/4, SW 1/4, Sec. 17; E 1/2 E 1/2 Sec. 18; E 1/2 E 1/2, NW 1/4 SE 1/4, Fractional E 1/2 SW 1/4 SE 1/4 (being part East of County road), Sec. 19; W 1/2 Sec. 20; W 1/2 Sec. 29; that part East of County road of Sec. 30; T. 23 N., R. 6 W., M. D. B. & M., County of Tehama, State of California.
Note: Land was part of said estate at time of service of process.

215
Name: J. A. SCRIBNER.
Stream: Stony Creek.
Description of land: Set out in finding as to B. N. Scribner Co.

[p.] 82

Note: No lands in Stony Creek watershed involved in this cause, on record in his name. Interest, if any, is in lands of defendant B. N. Scribner Co., record title of which was in name of said defendant at time of service of process upon it, and against which order pro confesso has also been taken.

216
Name: MAUDE C. SEHORN.
Stream: Stony Creek.
Description of land: Beginning at an iron pin which is the established and accepted northeast corner of the Michael Billiou Ranch, known as the Home Place, said corner being also the NW corner of the property known as the Van Scycle Tract; thence running (variation 18 deg. and 30 min. East) south 0 Deg. 6 min. west, along the east line of the said Billiou Ranch to the SE corner thereof, said corner being marked by a 4 by 4 inch granite stone; thence south 59 degrees and 23 min. west, 500 feet more or less, to the center of Stony Creek; thence meandering westerly along and with the center line of said creek to a point 3922.2 feet west and 2795.4 feet south of the place of beginning; running due north 2795.4 feet to a one inch iron pipe in the north line of aforesaid ranch; thence north 89 deg. and 30 min. east, along the north line of aforesaid ranch 3922.2 feet to the place of beginning; said tract containing 218.83 acres, more or less, the same being part of the Capay Rancho, County of Glenn, State of California.

217
Name: JAMES SEROS.
Stream: Salt Creek.
Description of land: SW 1/4 SE 1/4 Sec. 18; W 1/2 NE 1/4, SE 1/4 NE 1/4, SE 1/4, Sec. 19; SW 1/4 Sec. 20;

[p.] 83

N 1/2 NW 1/4 Sec. 29; E 1/2 NE 1/4 Sec. 30; T. 21 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

218
Name: A. M. SHARP.
Stream: Salt Creek.
Description of land: S 1/2 NW 1/4, N 1/2 SW 1/4, Sec. 18, T. 21 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

219
Name: ROBERT SHARP.
Stream: Tributary Little Stony Creek.
Description of land: NE 1/4 NW 1/4, W 1/2 NW 1/4, Sec. 17; SE 1/4 NE 1/4 Sec. 18; T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

220
Name: CLARISSA SHAW.
Stream: Tributary Indian Creek.
Description of land: W 1/2 NE 1/4, W 1/2, Sec. 7, T. 17 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

221
Name: JENNIE T. SHELTON.
Stream: North Fork Stony Creek.
Description of land: Set out in finding as to Zeller C. Finnell.
Note: Land transferred by this defendant before service of process upon her to defendant Zeller C. Finnell, who owned the land at time of service of process upon her and against whom order pro confesso has also been taken,

[p.] 84

222
Name: C. T. SOETH.
Stream: Tributary Stony Creek.
Description of land: NW 1/4 NW 1/4 Sec. 15; N 1/2 Sec. 16; S 1/2 S 1/2 S 1/2 S 1/2 Sec. 9; T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

223
Name: GEORGE SOETH.
Stream: Stony Creek.
Description of land: E 1/2 W 1/2, SE 1/4, E 1/2 NE 1/4, the west 28 acres of W 1/2 NE 1/4, Sec. 22; W 1/2 NW 1/4, SW 1/4 Sec. 23; W 1/2 Sec. 26; E 1/2 Sec. 27; T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: This defendant is renter of the described land, record title of same being in name of defendant John H. Soeth, who answered and submitted proof.

224
Name: W. E. SQUIRES.
Stream: Grindstone Creek.
Description of land: E 1/2 NW 1/4, being lots 3 & 8, NE 1/4 SW 1/4, being lot 13, Sec. 18, T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

225
Name: HENRY STEINBACH.
Stream: Briscoe Creek.
Description of land: S 1/2 S 1/2, NE 1/4 SW 1/4, Sec. 1; SE 1/4 SE 1/4 Sec. 2; NE 1/4 Sec. 12; T. 19 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

[p.] 85

226
Name: GEO. C. STITES.
Stream: Little Stony Creek.
Description of land: W 1/2 NE 1/4, NE 1/4 SW 1/4, NW 1/4 SE 1/4, Sec. 21, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

227
Name: W. H. STITES.
Stream: Tributary Little Stony Creek.
Description of land: SE 1/4 SW 1/4 Sec. 9, T. 16 N., R. 7 W., M. D. B. & M., County of Colusa, State of California. This defendant, however, was substituted for defendant Thos. Fairlee, as stated in Article VIII of these findings, and is relieved of the order pro confesso to the extent of such rights as may be decreed to him as such substitute.

228
Name: E. B. & A. L. STONE, Co.
Stream: Tributary Indian Creek.
Description of land: NW 1/4 Sec. 20, T. 17 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

229
Name: J. A. STOUT.
Stream: South Fork Elk Creek.
Description of land: W 1/2 NE 1/4, E 1/2 NW 1/4, Sec. 29, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

[p.] 86

230
Name: STOVALL-WILCOXSON.
Stream: Little Indian Creek.
Description of land: That part east of Little Indian Creek of S 1/2 S 1/2 SE 1/4 Sec. 1; and of E 1/2 Sec. 12; T. 16 N., R. 6 W.; W 1/2 W 1/2 Sec. 6; SW 1/4 NE 1/4, W 1/2, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 7; SW 1/4 NW 1/4, N 1/2 SW 1/4, Sec. 17; NE 1/4, NE 1/4 SE 1/4, Sec. 18; T. 16 N., R. 5 W.; M. D. B. & M., County of Colusa, State of California.

231
Name: FRED E. STRAWN.
Stream: Stony Creek.
Description of land: That part W. of Stony Creek of N 1/2 NW 1/4 Sec. 34; and of the portion of SE 1/4 SW 1/4 Sec. 27 that lies S. of the lands of A. C. Bayley; T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant after service of process upon him to defendant I. E. True, who answered and submitted proof.

232
Name: F. T. TAYLOR.
Stream: Stony Creek.
Description of land: SE 1/4 NW 1/4, E 1/2 SW 1/4, SW 1/4 SE 1/4, Sec. 2, T. 18 N., R. 6 W., County of Glenn, State of California.

233
Name: GEO. N. TAYLOR.
Stream: Tributary Indian Creek.
Description of land: W 1/2 Sec. 6, T. 17 N. [sic, no ","] R. 5 W., M. D. B. & M., County of Colusa, State of California.

[p.] 87

234
Name: CHAS. A. TEMPLETON.
Stream: Grindstone Creek.
Description of land: SW 1/4, being lots 3 and 4, Sec. 30, T. 23 N., R. 9 W.; N 1/2 SE 1/4 Sec. 25, T. 23 N., R. 10 W.; M. D. B. & M., County of Tehama, State of California,

235
Name: J. THOMAS.
Stream: Stony Creek,
Description of land: Part of the lands of defendant F. A. Graves as set out in finding as to said defendant.
Note: Land transferred by this defendant before service of process upon him to defendant F. A. Graves who owned the land at time of service of process upon him, and against whom order pro confesso has also been taken.

236
Name: J. A. TOPPING.
Stream: North Fork Stony Creek.
Description of land: N 1/2 S 1/2 SW 1/4, SW 1/4 SW 1/4 SW 1/4, W 1/2 SE 1/4 SW 1/4 SW 1/4, that portion of N 1/2 SW 1/4 SE 1/4 west of County road, Sec. 19; T. 23 N., R. 6 W.; SE 1/4 SW 1/4, SW 1/4 SE 1/4, Sec. 13; all of Sec. 24; T. 23 N., R. 7 W.; M. D. B. & M., County of Tehama, State of California.

237
Name: GEO. TRANK,
Stream: Stony Creek.
Description of land: Lots 71, 72, 73 and 74 of Van Scycle Tract, County of Glenn, State of California.

[p.] 88

238
Name: A. T. TRIPLETT.
Note: No land in Stony Creek watershed on record in his name. Land on which he lived, as a renter, in name of defendant S. A. Hineline, who answered and submitted proof.

239
Name: C. E. TURNER.
Stream: Stony Creek.
Description of land: E 1/2 NE 1/4 NW 1/4 Sec. 23; part of SE 1/4 SE 1/4 SW 1/4 of Sec. 14; T. 22 N., R. 3 W., M. D. B. & M., County of Glenn, State of California.

240
Name: MATT URJEVICH.
Stream: Stony Creek.
Description of land: Lot 76 of Van Scycle Tract, County of Glenn, State of California.

241
Name: A. P. VALINE.
Stream: Hambright Creek.
Description of land: NE 1/4 NE 1/4 Sec. 11, T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

242
Name: GEO. VANDERFORD.
Stream: Grindstone Creek.
Description of land: Part of lands of defendant, Ellen Hunter, and set out in answer of said defendant.
Note: Land transferred by this defendant after service of process upon him to defendant Ellen Hunter, who answered and submitted proof.

[p.] 89

243
Name: JESSE WALCOTT.
Stream: Small tributary to Stony Creek.
Description of land: All Sec. 7; part west of Couuty Road Sec. 8; W 1/2 NE 1/4, NW 1/4, N 1/2 SW 1/4, Sec. 18; T. 23 N., R. 6 W.; NE 1/4, N 1/2 SE 1/4, Sec. 13, T. 23 N., R. 7 W.; M. D. B. & M., County of Tehama, State of California.

244
Name: F. J. WELLS.
Stream: Indian Creek.
Description of land: E 1/2 NE 1/4 Sec. 26, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

245
Name: FRANK S. WEST.
Stream: Stony Creek.
Description of land: Lots 65, 66, 67, 68 and 69 of Van Scycle Tract, County of Glenn, State of California.

246
Name: KATIE WEST.
Stream: Mad Creek.
Description of land: SW 1/4 SW 1/4 Sec. 27; S 1/2 SE 1/4 Sec. 28; NE 1/4 NE 1/4 Sec. 33; T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

247
Name: CHAS. E. WHITE.
Stream: Stony Creek.
Description of land: E 1/2 W 1/2 SW 1/4, E 1/2 SW 1/4, Sec. 36, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

[p.] 90

248
Name: OLIVER P. WIGGINS,
Stream: North Fork Stony Creek.
Description of land: W 1/2 W 1/2 W 1/2 Sec. 31, T. 23 N., R. 4 W.; and E 1/2 E 1/2 E 1/2 Sec. 36, T. 23 N., R. 5 W.; M. D. B. & M., County of Tehama, State of California.

249
Name: A. E. WILLIAMS.
Stream: Stony Creek.
Description of land: Beginning at a one inch iron pipe in the North line of Michael Billiou Ranch, known as the homeplace, 3,922.2 feet, more or less, west of an iron pin which is the established and accepted northeast corner of said ranch, thence running (magnetic variation 18 deg. and 30 min. east) due south 2795.4 feet, more or less, to the center of Stony Creek, thence meandering along and with the center line of said creek, by courses and distances as described in deed recorded, Book 61, page 114, records of Glenn County, 4560.4 feet to the north line of the aforesaid ranch; thence north 89 deg. and 30 min. east along said north line 3208.8 feet, more or less, to the place of beginning, containing 145 acres, more or less, County of Glenn, State of California.

250
Name: J. H. WILLIAMS.
Stream: Elk Creek.
Description of land: Lot N, West's Addition to Elk Creek, County of Glenn, State of California.

[p.] 91

251
Name: FRANK WILSON.
Stream: Tributary Indian Creek,
Description of land: NE 1/4 SE 1/4 Sec. 19, T. 17 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.
Note: Sued as Administrator of the estate of S. Wilson, deceased, but subsequently found to have no authorization as such Administrator.

252
Name: G. W. WOOD.
Stream: Little Indian Creek.
Description of land: E 1/2 E 1/2 Sec. 8 T. 16 N., R. 5 W., M. D. B. & M., County of Colusa, State of California.

[p.] 92

SCHEDULE D.

1
Name: A. ALEXANDER.
Stream: Tributary Stony Creek.
Description of land: SW 1/4 Sec. 26, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

2
Name: T. H. ATKINS.
Stream: Briscoe Creek.
Description of land: SE 1/4 Sec. 29, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant H. A. Butler, who owned the land and other land at the time of service of process upon him, and against whom an order pro confesso also has been taken.

3
Name: J. L. BAIRD.
Stream: Stony Creek.
Description of land: 46.9 Acres in W 1/2 NE 1/4 and E 1/2 NW 1/4 of Sec. 33, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

4
Name: BANK OF WILLOWS.
Stream: Tributary of North Fork of Stony Creek.
Description of land: The 177.52 acres east of County road in N 1/2 N 1/2 and N 1/2 S 1/2 N 1/4 of Sec. 28, T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

[p.] 93

5
Name: FRANK M. BARKER.
Stream: Stony Creek.
Description of land: SE 1/4 SE 1/4 Sec. 10; W 1/2 SW 1/4 Sec. 11; NW 1/4 NW 1/4 Sec. 14; T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

6
Name: DAVE BOND.
Stream: Big Stony Creek.
Description of land: Lot 28, Block 6, Stonyford, County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant Annie M. Kesselring, who answered and submitted proof.

7
Name: JOHN BOND.
Stream: Salt Spring Valley Creek.
Description of land: NW 1/4 NW 1/4, S 1/2 NW 1/4, Sec. 17; NE 1/4 NE 1/4 Sec. 18; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of Callfornia.

8
Name: MARTIN BOND.
Stream: Indian Creek.
Description of land: SW 1/4 SW 1/4 Sec. 14; NE 1/4 NE 1/4 Sec. 22; NW 1/4 NW 1/4 Sec. 23; T. 17 N.,

[p.] 94

R. 6 W., M. D. B. & M., County of Colusa, State of California.

9
Name: IMMER BOND.
Stream: Salt Spring Valley Creek.
Description of land: Set out in finding as to John Bond.
Note: No ownership of land in this defendant at time of service or thereafter, the land upon which he lived being in name of his brother, defendant John Bond, who owned land at time of service of process upon him and against whom order pro confesso also has been taken.

10
Name: G. A. BRADLEY.
Stream: Indian Creek.
Description of land: NE 1/4 SW 1/4 Sec. 23, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

11
Name: CHAS. BUTLER.
Stream: Elk Creek.
Description of land: Lot E in Elk Creek as shown on plat in County records, Book 1 of Maps and Surveys, page 80, County of Glenn, State of California.

12
Name: JAMES BYERS.
Stream: Salt Creek.
Description of land: Lots 1 to 6 inclusive and 25 to 30 inclusive of Collins Tract, near Stonyford, County of Colusa, State of California.

[p.] 95

13
Name. LILLY HALL CAMERON.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. M. Hall and Gertrude M. [sic] Hall.
Note: This defendant owned land, or interest therein, at time of service of process upon her and subsequently transferred same to Chas. M. Hall and Gertrude C. Hall, who answered and submitted proof.

14
Name: JOHN CAVALIER, JR.
Stream: North Fork of Stony Creek.
Description of land: S 1/2 S 1/2 Sec. 32, T. 23 N., R. 5 W., M. D. B. & M., County of Tehama, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant J. S. Cleek, who owned the land, and other lands, at time of service of process upon him, and against whom order pro confesso also has been taken.

15
Name: BERT C. CHESTER.
Stream: Indian Creek.
Description of land: SW 1/4 NE 1/4, SE 1/4 SW 1/4, W 1/2 SE 1/4 (excepting Ladoga School lot), Sec. 23, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

16
Name: AMOS B, CHESTER.
Stream: Salt Creek.
Description of land: Lot 7 Collins Tract, near Stonyford, County of Colusa, State of California.

[p.] 96

17
Name: KATE M. CILEY.
Stream: Dry Creek:.
Description of land: SW 1/4 SW 1/4 Sec. 17; SE 1/4 SE 1/4 Sec. 18; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

18
Name: J. F. DURHAM.
Stream: Little Stony Creek.
Description of land: S 1/2 NE 1/4, SE 1/4 NW 1/4, Sec. 28, County of Glenn; NE 1/4 SW 1/4 Sec. 28, T. 18 N., R. 6 W.; County of Colusa; M. D. B. & M.; State of California.

19
Name: J. L. EDWARDS.
Stream: Little Stony Creek.
Description of land: S 1/2 NE 1/4, SE 1/4 NW 1/4, NW 1/4 SE 1/4, Sec. 22, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

20
Name: R. P. FARRIS.
Stream: Salt Creek.
Description of land: Lot 24, Block 7, Stonyford, SW 1/4 SW 1/4 Sec. 33, T. 18 N., R. 6 W.; W 1/2 NW 1/4 Sec. 4, T. 17 N., R. 6 W.; M. D. B. & M., County of Colusa, State of California.

21
Name: R. A. FELLOWS.
Stream: Salt Creek.
Description of land: Lot 10, Collins Tract, near Stonyford, County of Colusa, State of California.

[p.] 97

22
Name: L. V. FLOOD.
Stream: North Fork of Stony Creek.
Description of land: SW 1/4 SE 1/4 Sec. 3, T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

23
Name: FREEDMAN BROTHERS.
Note: No land in Stony Creek watershed on record in name of this defendant.

24
Name: D. E. GOULDING.
Stream: Big Stony Creek.
Description of land: Lots 6, 23 and 24, Block 13, Stonyford, County of Colusa, State of California.

25
Name: GEO. M. HALL.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. M. Hall and Gertrude C. Hall.
Note: This defendant owned land, or interest therein, at time of service of process upon him and subsequently transferred same to Chas. M. Hall and Gertrude C. Hall, who answered and submitted proof.

26
Name: W. R. HALL.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. M. Hall and Gertrude C. Hall.
Note: This defendant owned land, or interest therein, at time of service of process upon him

[p.] 98

and subsequently transferred same to Chas. M. Hall and Gertrude C. Hall, who answered and submitted proof.

27
Name: J. J. HALL.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. M. Hall and Gertrude C. Hall.
Note: This defendant owned land, or interest therein, at time of service of process upon him and subsequently transferred same to Chas. M. Hall and Gertrude C. Hall, who answered and submitted proof.

28
Name: F. C. HILL.
Stream: Briscoe Creek.
Description of land: SE 1/4 Sec. 29, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon him to defendant H. A. Butler, who owned the land, and other land, at time of service of process upon him and against whom order pro confesso has also been taken.

29
Name: ROBT. JAMESON.
Stream: Stony Creek.
Description of land: W 1/2 NE 1/4. Sec. 34, T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: No land in Stony Creek watershed on record in his name. Land owned by defendant Elizabeth Miller at time of service of process upon her, and against whom order pro confesso also has been taken.

[p.] 99

30
Name: LEE JULIAN.
Stream: Tributary of Stony Creek.
Description of land: W 1/2 W 1/2 Sec. 18, T. 21 N., R. 5 W., M. D. B. & M., County of Glenn, State of California.

31
Name: GEO. D. LEWIS.
Stream: Big Stony Creek.
Description of land: S 1/2 SE 1/4 Sec. 19; SW 1/4 Sec. 20; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon him to defendants Geo. W. Lewis and Frank W. Lewis, who answered and submitted proof.

32
Name: OLIVE LEWIS.
Stream: Big Stony Creek.
Description of land: S 1/2 SE 1/4 Sec. 19; SW 1/4 Sec. 20; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Land transferred by this defendant before service of process upon her to defendants Geo. W. and Frank W. Lewis, who answered and submitted proof.

33
Name: ROY LUCAS.
Stream: Elk Creek.
Description of land: Lots E and F, Elk Creek, as shown on plat in County records, Book 1, of

[p.] 100

Maps and Surveys, page 80, County of Glenn, State of California.
Note: Full or undivided interest as owner of said land in this defendant.

34
Name: LILLIE LYONS.
Stream: Salt Creek.
Description of land: Lot 8, Collins Tract, near Stonyford, County of Colusa, State of California.

35
Name: M. MALONSEN.
Stream: Indian Creek.
Description of land: NE 1/4 NW 1/4 Sec. 23, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

36
Name: MRS. I. W. McGAHAN.
Stream: Big Stony Creek.
Description of land: Lot 3, Block 2, Stonyford, County of Colusa, State of California.
Note: Record title in Martha McGahan who is same person as above-named defendant.

37
Name: MRS. M. J. MERRIWETHER.
Stream: South Fork of Elk Creek.
Description of land: N 1/2 NW 1/4 Sec. 19, T. 20 N., R. 6 W., M, D. B. & M., County of Glenn, State of California.

[p.] 101

38
Name: ELIZABETH MILLER.
Stream: Stony Creek.
Description of land: W 1/2 NE 1/4 Sec. 34, T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

39
Name: ALVIN C. MILLSAPS.
Stream: Tributary North Fork Stony Creek.
Description of land: NE 1/4, E 1/2 NW 1/4, E 1/2 NE 1/4 SW 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 33; W 1/2 SW 1/4 Sec. 34; T. 22 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

40
Name: G. W. MILLSAPS.
Stream: Tributary of North Fork of Stony Creek.
Description of land: Set out in finding as to defendant, Bank of Willows.
Note: Land transferred by this defendant before service of process upon him to defendant Bank of Willows, which owned the land at time of service of process upon it and against which order pro confesso also has been taken.

41
Name: J. W. MILLSAPS, Trustee.
Stream: Big Stony Creek.
Description of land: Lots 22 and 23, Block 6, Stonyford, County of Colusa, State of California.

42
Name: MARY C. MILLSAPS.
Stream: Tributary Heifer Camp Creek.
Description of land: That portion of S 1/2 NE 1/4 and S 1/2 of Sec. 21, T. 22 N., R. 6 W., M. D. B. &

[p.] 102

M., lying East, of County road, County of Glenn, State of California.

43
Name: JAMES M. MORRIS.
Stream: Indian Creek.
Description of land: NE 1/4 SE 1/4 Sec. 22; NW 1/4 SW 1/4 Sec. 23; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

44
Name: AMERICA HALL MURDOCH.
Stream: Stony Creek.
Description of land: Set out in finding as to Chas. M. Hall and Gertrude M. [sic] Hall.
Note: This defendant owned land, or interest therein, at time of service of process upon her, and subsequently transferred same to Chas. M. Hall and Gertrude M. [sic] Hall, who answered and submitted proof.

45
Name: J. M. NYE.
Stream: Tributaries of North Fork and Middle Fork of Stony Creek.
Description of land: SW 1/4 SE 1/4 Sec. 27; NW 1/4 NE 1/4 Sec. 34; T. 19 N., R. 8 W.; W 1/2 SE 1/4 Sec. 3, T. 18 N., R. 8 W.; County of Lake; SE 1/4 SW 1/4 Sec. 1; E 1/2 NW 1/4 Sec. 12; T. 18 N., R. 8 W.; County of Glenn; M. D. B. & M.; State of California.

46
Name: PAT O'LEARY.
Stream: Big Stony Creek.
Description of land: Lot 22, Block 5, Stonyford, County of Colusa, State of California.

[p.] 103

47
Name: MINNIE L. SADLER.
Stream: Elk Creek.
Description of land: SE 1/4 NW 1/4, E 1/2 SW 1/4 NW 1/4, NW 1/4 SW 1/4, Sec. 24, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

48
Name: W. J. SALISBURY.
Stream: Big Stony Creek.
Description of land: S 1/2 SE 1/4 NW 1/4 Sec. 29, T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: No land in Stony Creek watershed on record in his name, record title to the land upon which he lived being in name of defendants Ellis A. Sutliff, G. W. Sutliff, B. H. Sutliff and Emily Sutliff, at time of service of process upon them, and against whom orders pro confesso also have been taken.

49
Name: ALMA SILVER.
Stream: South Fork of Elk Creek.
Description of land: NE 1/4 SW 1/4 Sec. 13, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.


50
Name: ELMER SILVER.
Stream: South Fork of Elk Creek.
Description of land: W 1/2 SW 1/4 NW 1/4 Sec. 24, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

[p.] 104

51
Name: ISAAC SKIDMORE.
Stream: Elk Creek.
Description of land: 1-1/2 acres in NE corner of NE 1/4 SW 1/4 Sec. 9, T. 20 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

52
Name: STONYFORD DUNKARD CHURCH.
Note: No land in Stony Creek watershed on record in name of this defendant.

53
Name: M. A. TANSON..
Stream: South Fork of Elk Creek.
Description of land: That portion of the SW 1/4 NE 1/4 Sec. 23, T. 20 N., R. 7 W., M. D. B. & M., lying west of the County road, County of Glenn, State of California.
Note: This defendant, in lieu of service of process upon him, voluntarily appeared by way of the stipulation of November 4, 1919, in re Settlement of Pleadings, etc.

54
Name: J. G. TENNEY.
Stream: Salt Creek.
Description of land: Set out in finding as to Henrietta Steinegger.

[p.] 105

Note: No land in Stony Creek watershed on record in name of this defendant. Land in name of his mother defendant Henrietta Steinegger, who disclaimed.

55
Name: C. H. TOTMAN.
Stream: Indian Creek.
Description of land: SW 1/4 NE 1/4, NE 1/4 SW 1/4, N 1/2 SE 1/4, Sec. 26, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

56
Name: ARTHUR WALKUP.
Note: No land in Stony Creek watershed on record in name of this defendant.

57
Name: IDA M. WELTON.
Stream: Big Stony Creek.
Description of land: Part of lot 7, or SW 1/4 NE 1/4, and of lot 10, or NW 1/4 SE 1/4, Sec. 31, T. 17 N., R. 6 W., M. D. B. & M., east of the lands of Edith McGahan, Administratrix of the estate of R. L. Walkup, deceased; County of Colusa, State of California.

58
Name: D. J. WESTAPHER.
Stream: Big Stony Creek.
Description of land: Lot 1, Block 14, Stonyford, County of Colusa, State of California.

59
Name: EMMA WESTAPHER.
Stream: Big Stony Creek.
Description of land: Lot 1, Block 14, Stonyford, County of Colusa, State of California.

[p.] 106

60
Name: GEORGE WESTAPHER.
Stream: Tributary of Indian Creek.
Description of land: E 1/2 SE 1/4 Sec. 13; NE 1/4 NE 1/4 Sec. 24; T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

61
Name: A. J. WESTCAMP
Stream: Stony Creek.
Description of land: NW 1/4 NE 1/4, W 1/2, W 1/2 SE 1/4, SE 1/4 SE 1/4, Sec. 35, T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

62
Name: MARY E. WISE.
Stream: Tributary of Stony Creek.
Description of land: NE 1/4, SE 1/4 NW 1/4, NW 1/4 SE 1/4, Sec. 30, T. 23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

63
Name: R. H. YEARNSHAW.
Stream: Salt Creek.
Description of land: Lots 23, 24 of Collins Tract, Near Stonyford, County of Colusa, State of California.
V.

That the defendants named in Schedules E and F, set out below and made part hereof, presented and filed answers in this cause setting up or attempting to set up claims or rights to the waters of Stony Creek or some tributary or tributaries thereof; that the

[p.] 107

claims of said defendants as limited and defined in their said answers related to alleged rights in them to irrigate or otherwise use waters upon the lands described in said answers based on the alleged riparian character of said lands or upon alleged appropriations of water therefor, or both; that the description of said lands together with the names of the stream or streams from which water rights were claimed are as stated under the name of each defendant in said schedules; that the defendants named in Schedule E failed and neglected to support their said answers and claims by any testimony, evidence or proof whatsoever, and the defendants named in Schedule F, although attempting to support their said answers and claims by testimony or evidence, nevertheless wholly failed to show or prove thereby or otherwise that they or any of them had any right, title, or interest in or to any of the waters of Stony Creek or its tributaries under any appropriation thereof, or by reason of their ownership of lands touched or traversed thereby and to which riparian rights were then appurtenant; such evidence or testimony as was adduced in the above relation being so refuted by other dependable testimony, evidence and proof in the case as to render it of no weight or value; that under these premises there is lacking herein any testimony, evidence or proof as to the claims or rights of the defendants named in said schedules upon which to base any judgment or decree herein that they or any of them have any right of any character or extent in or to any of the waters of Stony Creek or its tributaries, and it is therefore ordered, adjudged and decreed that the said defendants and each thereof,

[p.] 108

and each of the persons, estates, interests and ownerships represented by certain of said defendants as shown in said schedules--as against any of the parties plaintiff or defendant in this cause, their assigns or successors in interest, or their rights as decreed herein--do not have or own, and they and their assigns and successors in interest are debarred and estopped from claiming or asserting any right, title or interest in or to any of the waters or use of any of the waters of the stream or streams described under their names in said schedules, for or on account of the lands described in their said answers or otherwise, or in or to any of the waters or use of any of the waters of Stony Creek or its tributaries, whether same or any thereof touch or traverse said lands or are possible sources of supply therefor or otherwise;
SCHEDULE E.

1
Name: E. M. BARTHOLOMEW.
Stream: Heifer Camp Creek.
Description of land: W 1/2 SW 1/4 Sec. 3; E 1/2 SE 1/4 Sec. 4; T. 22 N., R. 6 W., M. D. B. & M., comprising 60 acres, County of Glenn, State of California.

2
Name: P. V. BERKEY.
Stream: Berkey Gulch (a tributary to Little Stony Creek.)
Description of land: NE 1/4 NE 1/4 Section 17, T. 16 N., R. 7 W., M. D, B. & M., County of Colusa, State of California.

[p.] 109

3
Name: LEONA S. BILLIOU.
Stream: Stony Creek and underground waters.
Description of land: Beginning at a point in the center line of Stony Creek on the south line of the property of R. T. Jones and 432 feet west of a large oak tree heretofore used as a starting point in the descriptions of said property; thence east along the south line of said Jones property one and one-quarter miles more or less to the west bank of the Billiou slough; thence southerly and easterly along the bank of said slough to its intersection with the north line of the property heretofore conveyed to Annie Hoever; thence west along the north line of the property of said Annie Hoever two miles more or less to the center line of Stony Creek. Thence northerly along the said center line of Stony Creek to point of beginning being a portion of the Capay Rancho, and containing 430 acres more or less, County of Glenn, State of California.
Note: Filed joint answer with Joseph M. Billiou (who afterwards disclaimed) and with Richard J. Billiou.

4
Name: RICHARD J. BILLIOU.
Stream: Stony Creek and underground waters.
Description of land: Set out in finding as to Leona S. Billiou.
Note: Filed joint answer with Joseph M. Billiou (who afterwards disclaimed) and with Leona S. Billiou.

5
Name: W. B. COOPER.
Stream: Stony Creek.
Description of land: Lot 11, Tract 18 of Elmore Colony, containing 5 acres, being in Sec. 25, T.

[p.] 110

23 N., R. 4 W., M. D. B. & M., County of Tehama, State of California.

6
Name: THOS. FAIRLEE.
Stream: Big Stony Creek.
Description of land: Lot 4, Block 4, Stonyford, County of Colusa, State of California.
Note: Apparently the substitution of W. H. Stites for Thos. Fairlee shown in Article VIII supra was intended to relate to the Fairlee ranch and not to the town lot owned by Fairlee, for which he filed an answer but failed to make proof. However, this default avoids all confusion in the premises.

7
Name: JOEL FORD.
Stream: Big Stony Creek and Little Stony Creek.
Description of land: Lots 14 and 15 of Sec. 10; Lots 2 and 7 of sec. 15; T. 18 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

8
Name: FRUTO LAND AND IMPROVEMENT COMPANY.
Stream: Stony Creek.
Description of land: Sections 2, 3, 10, T. 19 N., R. 6 W.; Sections 22, 26, 27, 28, 34, and 35, T. 20 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.

9
Name: N. R. GARRISON.
Stream: Miguel Creek, being a tributary of Elk Creek.
Description of land: 5 acres in S 1/2 E 1/2 NW 1/4 Sec. 14, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

[p.] 111

10
Name: J. L. HARDIN.
Stream: Stony Creek.
Description of land: SW 1/4 NE 1/4, SE 1/4 NW 1/4, SW 1/4, SW 1/4 SE 1/4, Sec. 1; All of sections 2, 11, 12, 13, 14 and 23; E 1/2 Sec. 22; T. 21 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.
Note: Filed joint answer with R. M. Hardin.

11
Name: R. M. HARDIN.
Stream: Stony Creek.
Description of land: Set out in finding as to J. L. Hardin.
Note: Filed joint answer with J. L. Hardin.

12
Name: MARGARET KIRKPATRICK.
Stream: Stony Creek.
Description of land: 15 acres in NE 1/4 NE 1/4 Sec. 11, T. 22 N., R. 4 W., M. D. B. & M., County of Glenn, State of California.

13
Name: R. L. KIRKPATRICK,
Stream: Stony Creek.
Description of land: E 1/2 SW 1/4 Sec. 1, T. 22 N., R. 4 W., County of Glenn, State of California.

14
Name: FRED LAUX, JR.
Stream: Big Stony Creek.
Description of land: Lot 10 and 16 acres in Northeast corner of lot 11, Sec. 36, T. 18 N., R. 7 W., M. D. B. & M., County of Colusa, State of California.

[p.] 112

Note: Joint answer was filed by Fred Laux, Jr. and Eddie Franklin Laux as Executors of the last will and testament of Katrina Laux (sued herein as Katherine Laux, idem sonans), deceased.

15
Name: EDDIE FRANKLIN LAUX.
Stream: Big Stony Creek.
Description of land: Set out in finding as to Fred Laux, Jr.
Note: See Note in finding as to Fred Laux, Jr.

16
Name: EDITH MCGAHAN.
Stream: Salt Creek.
Description of land: 8 acres in SW 1/4 SE 1/4 Sec. 32, T. 18 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

17
Name: JOHN C. MOGK.
Stream: Little Stony Creek.
Description of land: S 1/2 NW 1/4 Sec. 27, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

18
Name: S. PINKERTON.
Stream: Salt Creek.
Description of land: W 1/2 SE 1/4, SE 1/4 SW 1/4, Sec. 30; NE 1/4 NW 1/4 Sec. 31; T. 21 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

19
Name: EUGENE K. REYNOLDS, Administrator of the estate of Isidore Reynolds, (sued herein as Isabel E. Reynolds idem sonans) deceased.
Stream: Stony Creek.

[p.] 113

Description of land: 25 acres in N 1/2 Sec. 27, T. 21 N., R. 6 W., M. D. B. & M., (being level land along both sides of Stony Creek) County of Glenn, State of California.

20
Name: RUBY KING MINERAL PAINT COMPANY.
Stream: Little Stony Creek.
Description of land: NW 1/4 SW 1/4 Sec. 28, T. 17 N., R. 6 W., M. D. B. & M., County of Colusa, State of California.

21
Name: JOHN STICE.
Stream: Briscoe Creek.
Description of land: W 1/2 NE 1/4, NW 1/4 SE 1/4, Section 6, T. 19 N., R. 6 W., M. D. B. & M., County of Glenn, State of California.

22
Name: JOS. M. TANSON.
Stream: So. Fork of Elk Creek.
Description of land: 1 acre on the north side of said creek, and between said creek and the high or bluff land in SE 1/4 NW 1/4 Sec. 23, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

23
Name: PAUL TEILH.
Stream: Nelson Creek and Johansen Creek, tributaries of Stony Creek.
Description of land: Lots 2, 3 and 4, W 1/2 E 1/2, W 1/2, Sec. 4; Lot 1, E 1/2 E 1/2, W 1/2 NE 1/4, NE 1/4 NW 1/4, Sec. 5; NE 1/4, E 1/2 SE 1/4, Sec. 8; W 1/2, SE 1/4, S 1/2 NE 1/4, NW 1/4 NE 1/4, Sec. 9; T. 19 N., R. 6 W.; E 1/2 SE 1/4, SE 1/4 NE 1/4, Sec. 32; S 1/2 N 1/2 NW 1/4, SW 1/4

[p.] 114

NW 1/4, SW 1/4, W 1/2 SE 1/4, Sec. 33; T. 20 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.
Note: Joint answer filed by Paul Teilh and Rose Servel, Administratrix of the estate of Fred Servel, deceased, substituted for Julius Firmignac (sued herein as Justin Firminac, idem sonans) and Eugenie Fately (sued herein as Eugene Fately, idem sonans).

24
Name: ROSE SERVEL, Administratrix of the estate of Fred Servel, deceased (see Note under finding as to Paul Teilh.
Stream: Nelson Creek and Johansen Creek, tributaries of Stony Creek.
Description of land: Set out in finding as to Paul Teilh.
Note: Filed joint answer with Paul Teilh.

25
Name: LLOYD TROXEL.
Stream: Stony Creek.
Description of land: 3 acres in the SW corner of the NW 1/4 NE 1/4 Sec. 16; 2.3 acres lying next east of Stony Creek in the SW 1/4 SE 1/4 Sec. 9; T. 20 N., R. 6 W., M. D. B. & M. [sic, no county or state]

26
Name: E. H. TRYON.
Stream: Burroughs Creek and tributaries, tributaries of Stony Creek, tributaries of North Fork Stony Creek.
Description of land: All of Sec. 18; N 1/2 NW 1/4, W 1/2 NE 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4, Sec. 19; W 1/2 Sec. 31; T. 22 N., R. 5 W.; all of Sec. 24; all of Sec. 25 excepting the NW 1/4 NE 1/4 and the NE 1/4

[p.] 115

NW 1/4; all of Sec. 36; SE 1/4, E 1/2 SW 1/4, Sec. 23; all of Sec. 26 execpting NW 1/4 SW 1/4; N 1/2 NE 1/4, S 1/2 SE 1/4, N 1/2, SW 1/4 NW 1/4, S 1/2 SW 1/4, Sec. 35; all of Sec. 34 excepting the W 1/2 SW 1/4; T. 22 N., R. 6 W.; M. D. B. & M., County of Glenn, State of California.

27
Name: GUY H. WARD.
Sec. 9; E 1/2 NE 1/4, N 1/2 SE 1/4, Sec. 17; T. 16 N., R. [sic., land description in name field? in the 1928 edition this line is the second one in the L. HUFFMASTER "Description" field further down this page.]
Stream: South Fork Elk Creek.
Description of land: 2 acres on the South side of the South Fork of Elk Creek, between said stream and the high or bluff land, being a long narrow strip of land irrigated for the purpose of raising garden thereon, in E 1/2 SE 1/4 Sec. 14, T. 20 N., R. 7 W., M. D. B. & M., County of Glenn, State of California.

SCHEDULE F.

Name: L. HUFFMASTER
Stream: Little Indian Creek.
Description of land: E 1/2 E 1/2 Sec. 8; W 1/2 W 1/2 [ sic., missing 1928 line that wandered into GUY H. WARD "Name:" field, above: "Sec. 9; E 1/2 NE 1/4, N 1/2 SE 1/4, Sec. 17; T. 16 N., R." ] 5 W.; E 1/2 NE 1/4 SE 1/4 Sec. 19; W 1/2 SW 1/4 Sec. 20; NW 1/4 NW 1/4 Sec. 29; T. 17 N., R. 5 W.; M. D. B. & M., County of Colusa, State of California.

Name: F. M. (FRANK M.) KIRKPATRICK.
Stream: Stony Creek,
Description of land: SW 1/2 SE 1/4 Sec. 2; SW 1/4 Sec. 1; NW 1/4 NW 1/4 Sec. 12; T. 22 N., R. 4 W, M. D. B. & M., County of Glenn, State of California.

Name: T. S. SALE.
Stream: Stony Creek.
Description of land: Beginning at a stake 30 ft. N. of center of County Road at the north and south half section line of Sec. 3, T. 20 N., R. 6 W.,

[p.] 116

thence north along said half section line, 49 rods to Stony Creek, thence westerly along Stony Creek, 19 rods, thence southeasterly (to county road) 41 rods, thence east along county road, 10 rods to place of beginning, land being in fractional SE 1/4 SW 1/2 and NE 1/4 SW 1/4 Sec. 3 T. 20 N., R. 6 W., containing 4 acres, County of Glenn, State of California.
That, however, by way of a stipulation between plaintiff and defendant L. Huffmaster above named--duly entered into and filed herein and in text as given below--provision has been made for certain limited uses by said defendant as against plaintiff to-wit:
It is hereby stipulated between plaintiff and L. Huffmaster, a defendant in this cause, through their respective solicitors, that said defendant, as against plaintiff and its rights to water as decreed herein, shall have the right and privilege of using the waters of the tributaries of Indian Creek where same border upon or traverse his lands, situate in the County of Colusa, State of California, and described as follows: 
     NW 1/4 SE 1/4 Sec. 17, Twp. 16 N., R. 5 W.
 NE 1/4 SE 1/4  "    "   "    "  "  "  " "
 SE 1/4 NE 1/4  "    "   "    "  "  "  " "
  W 1/2 SW 1/4 Sec.  9,  "    "  "  "  " "
  E 1/2 NE 1/4 Sec.  8,  "    "  "  "  " "
for ordinary domestic purposes and for the watering of such of his stock as are or may be kept or pastured on said land and for no other purposes; it being the understanding and agreement of plaintiff and said defendant herein that such water shall be so used by allowing the said stock

[p.] 117

to drink from the stream or streams themselves, or from customary troughs or receptacles of similar capacity, in or in the immediate vicinity of said stream or streams and not otherwise; that the number of stock so accommodated and watered in any calendar year shall not exceed a total of 250 animals, where horses or cattle are involved, and shall not exceed a total of 1500 animals if sheep or hogs are maintained; and in the event of the maintenance of sheep or hogs in conjunction with the other stock above named upon said lands, that the total number of animals so maintained and watered from said streams shall be limited to one of the alternative figures aforesaid, 6 sheep or hogs, or sheep and hogs, being equivalent to one head of other stock in that relation.
VI.

That each and all of the defendants (and persons, estates, interests and ownerships represented by certain thereof) named above in Articles II, III, IV and V of this decree, and their assigns, successors in interest, servants, agents and attorneys, and all persons claiming by, through or under them, are hereby perpetually restrained and enjoined from claiming or asserting--as against any of the parties plaintiff or defendant in this cause, their assigns and successors in interest, or their rights as decreed herein--any right, title or interest in or to any of the waters or use of any of the waters of Stony Creek or its tributaries, for or on account of lands owned by them or by certain of them or otherwise, and are perpetually re-

[p.] 118

strained and enjoined from taking, diverting, using or in any way interfering with said waters so as in any manner to prevent or in any wise interfere with the diversion, use or enjoyment of same by any of the parties herein under the rights adjudicated to them in this decree; subject, however, to the uses as against plaintiff by defendant L. Huffmaster defined in the stipulation set out at the end of Article V supra.

VII.

APPROPRIATION RIGHTS OF DEFENDANTS.

That each of the defendants named in the Appropriation Schedule set out below and made part hereof, in proper person or in the representative capacity indicated, has acquired and owns the right or rights accredited to him in said schedule; that the stream from which the water called for under each of said rights is and may be diverted, the point of such diversion, the name or description of the ditch, pump and ditch, or other appliance through which said diversion is accomplished and said waters are carried to the lands for the irrigation of which said right has been acquired, together with the description of said lands and the number of acres thereof in each quarter-quarter section or 40-acre tract to which said right applies, are as stated in said schedule opposite the name of each of said defendants in appropriately designated columns thereof; that the priority date of each of said rights is as stated for each owner in the column so designated, and such owner is entitled thereunder and as of the date of said priority to divert from the stream so designated and to carry and con-

119

vey to, and apply to beneficial use upon, said lands for the irrigation thereof, during each irrigation season, the total amount of water in acre-feet for the irrigation season stated under the heading "Diversion Right" in said schedule, which said amount shall not be diverted from the stream at any time during said season at a greater rate than the total flow in cubic feet per second stated in said schedule for a month of maximum use; that this right for each of said defendants entitles him to a first and prior call to the extent thereof upon the available natural flow of the stream as against others whose rights as listed in said schedule bear later dates of priority than his own, while others, when their rights have earlier dates of priority than his, have a first and prior call to the extent thereof upon said stream flow as against him; that each of said rights is gauged by and limited to the amount of water which has been and can be be beneficially diverted and applied to the irrigation of said lands; that this quantity is determined and adjudged herein to be the amount in acre-feet per acre for the irrigation season stated in said schedule as required at the land, plus the allowable conveyance loss from the point of diversion to the lands, as stated in said schedule; that the sufficient, beneficial and required maximum diversion for each acre of the lands of said defendants is the number of acre-feet per acre for the irrigation season stated in said schedule; that said lands require that there be applied thereto, and therefore diverted from the stream, somewhat larger amounts of water in the hotter summer months of the irrigation season than at any other times there-

120

in, any 30 day period thereof being deemed a month of maximum use as the term is used in said schedule; that the amount of such sufficient, beneficial and required diversion and application for a month of maximum use is indicated in acre-feet for each acre in the appropriate column of said schedule; that each of said rights is thus also limited to the amount in acre-feet per acre for the irrigation season, and to the flow in cubic feet per second per acre stated for a mouth of maximum use, so that allowable diversions thereunder for any given acreage then under irrigation which is less than the total area covered by said right shall be ascertained from, and is defined and limited by the product of the aforesaid figures and the number of acres so involved; that where the figures and data given for a single water right priority are set opposite the names of more than one defendant in said schedule, each of same is deemed and held to have an undivided interest in the whole there described under such mutual contractual relations as may obtain between them, and which are not defined or determined in this decree; that certain of these appropriation rights of defendants are effective as against, or as the case may be subject to, other rights of certain of the defendants and certain rights of plaintiff, as more particularly set out in appropriate later paragraphs of this decree; that the irrigation season referred to in this paragraph of the decree and in the Appropriation Schedule below is hereby defined as and adjudged to be the period beginning on April 15th and ending on September 15th of each year:

[pp. 121 - 135 .PDF EXHIBITS - "Appropriation Schedule" and "Index - Appropriation Schedule" 

    [content of ] Index - Appropriation Schedule 	                        135

                        		Serial*	        Date
                        		Number	        of
Name	                		in Schedule	Priority
- - - - - - - - - - - 			- - - - - -	- - - - -
Adams, John M						Apl. 15, 1893

Bayley, A. C						Feb. 25, 1898
Bedford, M. G						Apl. 15, 1887

Bickford, O. F					(	Apl. 15, 1898
						(	Apl. 15, 1921
Blevins, R. E. (Mallon & Blevins)			Apl. 15, 1890
Brittan, Harry N.					Apl. 15, 1916
Brittan, J. O.						July 22, 1907
Brown, Alex					(	Apl. 15, 1877
						(	Nov. 23, 1885
Chastain, Henry 				 (	June 10, 1885
						 (	Nov. 23, 1885
Conklin, A.       )				        Apl. 22, 1892
Conklin, M. L.    )
Conklin, Wells    )
Cushman, L. R.                   			Jan. 18, 1907

Diefenbach, J.						Apl. 10, 1907

Edwards, J. T.						July 22, 1897
Edwards, J. W.					(	Apl. 15, 1898 
						(	Apl. 15, 1904
Ellis, Geo. C.  				 (	July 22, 1897
      						 (	Dec. 31, 1906

Fairlee, Thos.						Apl. 15, 1870
Fender, Dora A.  					Apl. 15, 1908
Forman, W. F.						Nov. 26, 1896
Fout Springs Co.  				(	Apl. 15, 1881
  (and C. H. Glenn)				(	Aug. 14, 1895
						(	Apl. 15, 1906
						(	May  29, 1908
Foutch, W. J.						June 10, 1885

Gatliff. W. W.  					June  5, 1893
Glenn, C. H.  (see Fout Springs Co.)
Glenn, W. A.       )      				Apl. 15, 1864
Glenn, Anna B.     )
Glenn-Colusa Irrigation District			Apl. 11, 1903
Gollnick, Alvin						Sept.22, 1896
Green, Carl						Mch. 26, 1909
Green, S. N.						Jan. 11, 1908
Griffith, Laura Bell				(	June 10, 1885
						(	Apl. 15, 1911

Hall, Chas. M.		)				Apl. 15, 1864
Hall, Gertrude C.       )
Harbison, John						Apl. 15, 1913
Harman, James	 				(	Apl. 15, 1878
						(	Apl. 15, 1890
Hineline, S. A.					 (	Apl. 15, 1905
 						 (	Apl. 15, 1912
Hunter, Edgar						Apl. 15, 1898

Johannsen, John O. 	)			(	Mch.  8, 1886
Johannsen, Wiebeke	)			(	May   9, 1887

Kaerth, E. C.		 				Apl. 15, 1896
Kennedy J. R.	        ) 				Apl. 15, 1896
Kennedy, R. P.		)
Kesselring, F. M.	 ) 			(	July 21, 1870
Kesselring, Annie M.     )			(	Apl. 15, 1890
						(	Apl. 15, 1908
Kimel, Lucy						Apl. 15, 1913
Knight, J. E						Mch. 15, 1883

Lewis, Geo. W.		)			(	June 10, 1885
Lewis, Frank W.		)			(	Nov. 12, 1906
						(	Apl. 15, 1912
Lovelace, C. W.					 (	Apl. 15, 1895
  (includes Harshaw) 				 (	Apl. 15, 1903
Lovelady, W. J.		)			(	Apl. 15, 1883
Lovelady, T. F.		)			(	Apl. 15, 1899
Lovelady, Annie Evans	)			(	Oct. 17, 1901
Lovelady, Annie Evans 				 (	Apl. 15, 1917
						 (	Apl. 15, 1917
Lucas, Ellen						Apl. 15, 1917

Mallon, J. F. (Mallon & Blevins)			Apl. 15, 1890
Mann, L. E. 						Feb. 28, 1903
Markham, G. W.						Apl. 15, 1913
Masterson, Mrs. D. H.  		)		(	Apl. 15, 1917
Masterson, F. P. (Frank) 	)		(	Apl. 15, 1920
Masterson, J. K. (Kendrick)     )
McGahan, Edith, Administratrix 			(	Apl. 15, 1870
  of the Estate of R. L.  			(	Apl. 15, 1917
  Walkup, deceased
Millsaps, J. W.					(	Apl. 15, 1868
						(	Apl. 15, 1903
Morris, W. A.					 (	Apl. 15, 1876
						 (	Apl. 15, 1885
Mulford, Perry 						Apl. 11, 1884

Niesen, Wm.						Apl. 15, 1897

O'Leary, Mary 					(	Apl. 15, 1887
						(	Apl. 15, 1911
						(	Apl. 15, 1917
O'Leary, Tim						Apl. 15, 1914

Paine, S. F.					(	Apl. 15, 1882
						(	Apl. 15, 1898
Parson, Olive Scearce					Apl. 15, 1864
Pearson, Chas. E.					Apl. 15, 1890
Phelps, E. C.  						Apl. 15, 1915
Provence, Harvey E.  				(	Apl. 15, 1893
						(	Jan. 11, 1908
						(	Apl. 15, 1917

Ray, D. P.  						Apl. 15, 1896
Retzloff, Geo 		)				Apl. 15, 1918
Retzloff, Emma          )
Ridley, Chas. H.  					Jan.  8, 1904
Robertson, I. L.					Apl. 15, 1897
Rowecroft, Robt 					Oct.  7, 1908

Scearce, W. E.					)	Apl. 15, 1864
Scearce, Mary J. (Parsons[, sic] Olive Scearce) )
Smith, E. E.						Apl. 15, 1893
Soeth, John H.						Apl. 15, 1881
Stites, J. F.						Apl. 15, 1883
Stites, Rufus G.					Apl. 15, 1890
Stites, W. H.						Apl. 15, 1902
Stonyford Catholic Church				Apl. 15, 1911
Studybaker, C. E. 					Nov.  2, 1907
Sutliff, B. (Bruce) H.  	)		(	June 10, 1885
Sutliff, Ellis A.  		)		(	Apl. 15, 1911
Sutliff, Emily (A.)		)
Sutliff, G. (George) W.		)

Triplett, Abe L.					Apl. 15, 1892
							June 18, 1908
Troxel, Frank W. 		)			Apl. 11, 1884
Troxel, Jessie E.		)
True, I. E.						Mch.  8, 1886

United States of America 			(	Apl. 15, 1864
						(	Apl. 15, 1881
						(	Jan. 27, 1888
						(	May   4, 1897
						(	Oct. 10, 1906
						(	Oct. 11, 1906
						(	Mch. 23, 1910
						(	Mch. 25, 1913
						(	July 15, 1920

Wakefield, A. P.	)			(	Apl. 15, 1877
Whalley, Frank		)			(	Apl. 15, 1902
Welton, A. T.					 (	Apl. 15, 1882
						 (	Apl. 15, 1905
Werth, Henry 		)			  	Apl. 15, 1922
Werth, May E.		)
Wood, F. C						Apl. 15, 1907

[*no actual serial numbers on index sheet]
p. 136 - BLANK]

137

THE RESERVED AND APPROPRIATION RIGHTS OF PLAINTIFF
FOR ORLAND PROJECT.

VIII.

That plaintiff has reserved from appropriation by others, and has appropriated (and purchased and perfected appropriations of) the waters of Stony Creek and its tributaries for the purposes of said project, and has acquired and now owns rights in said waters as follows:
(1) The right, by reservation and appropriation, to divert 85,050 acre-feet of the waters of Stony Creek and its tributaries, during each irrigation season, from the natural flow in said creek at the South and North Diversion Dams of the Orland Project--as of the date of priority of October 10, 1906, and to the extent that such waters are available under said priority--at a rate of diversion not exceeding 279 cubic feet per second at any time during such season, for the reclamation and irrigation of the 21,000 acres of irrigable lands of the Orland Project described in the Project Land Schedule as appended to this Article of the decree and made part hereof; that said schedule (with those of similar character in this decree), by a system of horizontal and vertical columns, sets down the legal subdivisions of the lands affected, and in the squares thus formed indicates in acreage figures the irrigable area of each quarter-quarter section (or 40-acre tract); subdivisions of the listed sections which are excluded from the schedule being denoted by squares containing no acreage figures;

(2) The right, by reservation and appropriation, as of the date of priority of October 11, 1906, to store the waters of Little Stony Creek and its tributaries in the East Park Reservoir of the Orland Project by means of the East Park Stor-

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age Dam, to the extent of the full 51,000 acre-feet capacity of said reservoir at all times when said waters are available above said dam for such storage under the aforesaid priority; and the right in that relation to control the release from said reservoir of the waters so stored and thus reduced to ownership, and to conduct same down the channel of Little Stony Creek and channel of Stony Creek to the South and North Diversion Dams of the Orland Project, and there to recapture and control the diversion of same by means of said dams for conveyance in the South and North Canals to the lands of said project for the reclamation and irrigation thereof and for the supplementation of amounts available therefor at said dams from natural stream flow under plaintiff's rights;

(3) The right, by reservation and appropriation, to divert 28,350 acre-feet of the waters of Stony Creek and its tributaries, during each irrigation season, from the natural flow in said creek at the North Diversion Dam of the Orland Project--as of date of priority of March 23, 1910, and to the extent that such waters are available under said priority--at a rate of diversion not exceeding 93 cubic feet per second at any time during such season, for the reclamation and irrigation of the 7,000 acres of irrigable lands within the Orland Project north of Stony Creek, described in the North Side Schedule which is appended to this Article of the decree and made part hereof;

(4) The right, by reservation and appropriation, to divert 250 cubic feet per second of the waters of Big Stony Creek and its tributaries from the natural flow of said creek at the East Park Diversion Dam of the Orland Project--as of the date of priority of March 25, 1913, and to the extent that such waters are available at any time during the year under said priority--for conveyance in the East Park Feed Canal to the East

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Park Reservoir for storage therein; and the right in that relation to control and administer the release from said reservoir of the waters so stored and thus reduced to ownership, and to conduct same down the channel of Little Stony Creek and the channel of Stony Creek to the South and North Diversion Dams of the Orland Project and there to recapture and control the diversion of same by means of said dams for conveyance in the South and North Canals to the lands of said project for the reclamation and irrigation thereof and for the supplementation of amounts available therefor at said dams from natural stream flow under plaintiff's rights;

(5) The right, by appropriation, to divert 769.5 acre-feet of the waters of Stony Creek and its tributaries, during each irrigation season, from the natural flow of said creek at the South Diversion Dam of the Orland Project--as of the date of priority of April 15, 1864, and to the extent that such waters are available under said priority--at a rate of diversion not exeeding 2.53 cubic feet per second at any time during such season, for the irrigation of the 190 acres of the so-called Hall & Scearce lands within said project as same are described in the schedules, respectively designated "Hall Lands" and "Scearce Lands", appended to this Article of the decree and made part hereof; the mutual relations of plaintiff and defendants Chas. M. Hall and Gertrude C. Hall, and plaintiffs and defendants Olive Scearce Parsons, W. E. Scearce and Mary J. Scearce as to the water rights of said defendants, are as defined in the stipulations made between said parties and filed herein, true copies thereof being appended to this Article under the respective designations "Hall Stipulation" and "Scearce Stipulation", and made a part hereof;

(6) The right, by appropriation, to divert 12,960 acre-feet of the waters of Stony Creek and its tributaries, during each irrigation season, from the natural flow of said creek at the South

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Diversion Dam of the Orland Project--as of the date of priority of January 27, 1888, and to the extent that such waters are available under said priority--at a rate of diversion not exceeding 42.6 cubic feet per second at any time during such season, for the irrigation of those certain 3,200 acres of the lands of the Orland Project described in the Stony Creek Land Schedule as same is appended to this Article of the decree and made part hereof; which said right, however, is subsequent in point of time in its call upon the waters of the stream, and subject and inferior, to the rights of those certain defendants herein (as same are defined in Article VII of this decree) whose diversion points are above and upstream from said South Diversion Dam, and whose dates of priority for rights accredited to them antedate the commencement of this suit against them (as shown in the schedule appended to this Article and made part hereof under the designation "Commencement of this suit as against Certain Defendants") by 5 years or more; such rights having been acquired and become established by prescription, as against the above named right of plaintiff, through adverse user for the statutory period;

(7) The right, by appropriation, to divert 1923.75 acre-feet of the waters of Stony Creek and its tributaries, during each irrigation season, from the natural flow of said creek at the North Diversion Dam of the Orland Project--as of the date of priority of May 4, 1897, and to the extent that such waters are available under said priority--at a rate of diversion not exceeding 6.32 cubic feet per second at any time during such season, for the irrigation of those certain 475 acres of the lands of the Orland Project described in the Lemon Home Land Schedule, as same is appended to this Article of the decree and made part hereof; which said right, however, is subsequent in point of time in its call upon the waters of the stream, and subject and inferior, to the rights

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of those certain defendants herein (as same are defined in Article VII hereof), whose diversion points are above and upstream from said North Diversion Dam, and whose dates of priority for rights accredited to them antedate the commencement of this suit against them (as shown below under "Commencement of this Suit as against Certain Defendants") by 5 years or more; said rights having been acquired and become established by prescription, as against the above named right of plaintiff, through adverse user for the statutory period;

That certain of the foregoing rights, as listed under Items (1), (3), (5), (6) and (7) above, are inclusive one of the other so that diversions thereunder do not accumulate, and the allowances in Item (1) represent the total thereof; that the diversions from the natural stream flow at the said South and North Diversion Dams, as stated and allowed for under said rights in acre-feet per irrigation season and cubic feet per second, represent the basic requirement of beneficial use on the lands to which said rights relate after their full reclamation and cultivation; determined and adjudged, with allowable conveyance losses, as follows:
Average diversions of 4.05 acre-feet per acre during each irrigation season;

Average diversions of .79 acre-feet per acre during any month of maximum use (as defined in Article VII supra), expressed in constant rate flow as .0133 cubic feet per second per acre;

Allowable loss during conveyance of such waters from said points of diversion to the points of delivery to said lands, 28%, of amount diverted;

Average application of 2.92 acre-feet per acre to said lands during each irrigation season;

Average application of .57 acre-feet per acre during a month of maximum use,
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That necessary and beneficial uses of amounts of water in excess of such basic requirements, as demanded by changing crop conditions (such as more extensive cultivation of forage crops), heavier applications in times of drought or severe drying winds, occasional maturing of additional cuttings of forage, and the like, and as required during the leveling and preparation of said lands for irrigation and building up thereafter, through cultivation, cover crops or otherwise, from a desert or arid status to the point of raising profitable crops thereon (a so-called reclamation period into which some 5,500 acres of the project lands may yet be classified), are provided for under plaintiff's rights and limited, as against the parties defendant herein, as follows:

(a) Diversions from the natural stream flow at the South and North Diversion Dams, in pursuance of those rights of plaintiff which are defined under Items (1) and (3) above, for such of the lands thereunder as are or may be in said process of reclamation, may be in excess of the basic requirements per acre above stated; to the extent only, however, to which such drafts can be beneficially used for said reclamation purpose, and limited in any event so that such drafts--when combined with diversions under said rights, according to said basic requirements, for presently reclaimed and irrigated lands thereunder--shall not be at a greater rate of diversion in cubic feet per second, nor total more in acre-feet during an irrigation season, than the maximum rates of diversion and total amounts per season stated under said Items (1) and (3), to-wit: respectively 279 and 93 cubic feet per second and respectively 85,050 and 28,350 acre-feet.

(b) Waters which are stored and thus reduced to ownership in pursuance of those rights of plaintiff which are defined under Items (2) and (4)

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above, as same are controlled and administered by plaintiff by way of releases from the reservoir and recaptures thereof, may thus be made available at the South and North Diversion Dams at such times and in such quantities, and be diverted at such rates of flow, as will best serve the needs of the project lands and accomplish beneficial use thereon during any irrigation season, and thus provide not only for the supplementation--under aforesaid basic requirements and for reclamation purposes--of amounts available from natural flow at said dams under plaintiff's rights, but also for the aforesaid beneficial uses in excess of such basic requirements; all being further subject to and limited by amounts available in the streams for storage in said reservoir under the priorities of plaintiff.

[pp. 143 - 145 .PDF EXHIBIT - "Project Land Schedule.", "North Side Schedule.", "HALL LANDS", "SCEARCE LANDS"]

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Hall Stipulation.

"lt is hereby stipulated by and between the plaintiff herein and defendants Chas. M. Hall and Gertrude C. Hall by and through their solicitors, in avoidance herein of all controversy and as a settlement of the trial of all issues, as between the said plaintiff and defendants in relation to the agreement hereinafter named or otherwise, that the agreement between the Stony Creek Irrigation Company and the predecessors in interest of said defendants, dated May 9, 1904, as amended March 23, 1905, (copies of which said agreements are attached to the answer herein of said defendants and marked respectively "Exhibit B" and "Exhibit C") and as in turn taken over and assumed by the United States in its agreement with the Stony Creek Irrigation Company, dated September 14, 1907 and deed from said Stony Creek Irrigation Company in pursuance thereof of May 21, 1909, is hereby confirmed and in the following particulars shall have the sense and meaning herein provided, to-wit:
a. That the 125 miners inches and 75 miners inches of water (under a four-inch pressure--being equivalent respectively to 2-1/2 and 1-1/2 cubic feet per second) shall be delivered to the Hall Lands from the Government system during the periods in each irrigation season described in said agreement to the extent of the requirement of the lands actually being irrigated in each season; such requirement to be gauged by the maximum requirement of similar lands under the Orland project, and such deliveries to be by way of irrigation heads of greater amount than the aforesaid 125 miners inches and 75 miners inches, when required, in accord with the usual practice on the project; the total amount of water delivered during any irrigation season to said Hall lands to be not greater in volume than the amount produced by

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a continuous flow of 125 miners inches up to July 15th and a continuous flow of 75 miners inches during the balance of the irrigation season; and in any one monthly period of each irrigation season not more than would be provided by a continuous flow for one month of 125 miners (if before July 15th) or of 75 miners inches (if after July 15th), or as the case may be, a proper combination of the two where the monthly period to be considered includes said date of July 15th.

b. That water for stock watering purposes on the Hall lands (to the extent of all reasonable necessity therefore, but without undue waste) may be taken from the Government canal during the irrigation season when water is not being delivered for the irrigition of said lands, and at such times in the year outside the irrigation season as water is being run in said canal at the Hall intake as a matter of project administration. It is understood, however, that the running of water in said canal outside the irrigation season is not a usual condition, but rather on the other hand that water is seldom if ever taken from the stream or run in the project distribution system at any time except during the irrigation season, and, therefore, is and will not be available ordinarily for stock watering purposes on any lands, including the Hall lands, except during said irrigation season.

c. That the advantageous facilities resulting from the storage of water by the Government shall be made use of in accomplishing deliveries to the Hall lands when at all practicable and that in years of drought or great scarcity of water (of which the present year is an example), at which time the storage water is exhausted early in the season, the available natural flow in the stream, under the priority of

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the Hall and Scearce appropriations as determined in this adjudication, shall be distributed to the Hall lands and the so-called Scearce lands up to their requirements as aforesaid in preference to all other lands under the project system, subject only to such priorities over said Hall and Scearce lands as may be decreed in said adjudication.

d. That the proper administration of the project system requires the cleaning and incidental repair, for a distance of approximately one-half mile above the Hall intake, of that main project canal which supplies the Hall lands, at least as frequently as once every other year, and occasionally for two years in succession; that the only practical and feasible time in which this cleaning can be accomplished is during a period of approximately three weeks in the month of October, at which time water is not divirted into the canal from Stony Creek and same is allowed to dry out as the necessary requirement of said cleaning and repair; that it is understood that the parties hereto will arrange matters so as to accomplish an irrigation of the forage crops on the Hall lands (if the same should be necessary at that time) just prior to the cleaning out of said canals as aforesaid; and also at that time to have stock water taken from said canal so that the same in so far as practicable may be carried over during said cleaning period in receptacles or depressions on said lands. It is understood that no longer period than three weeks will ordinarily be required for these cleaning operations, and that the same will be curtailed in time so far as reasonable and practicable, and that water for irrigation shall be available for the balance of the irrigation season thereafter for said Hall lands to the extent of the unused portion of the total named in para-

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graph 'a' above, and gauged by the requirement of said lands as described in said paragraph."
Scearce Stipulation.

"It is hereby stipulated by and between the plaintiff herein and defendants Olive Scearce Pearsons, W. E. Scearce and Mary J. Scearce, by and through their solicitors, in avoidance herein of all controversy and as a settlement of the trial of all issues, as between the said plaintiff and defendants in relation to the agreement hereinafter named or otherwise, that the agreement between the Stony Creek Irrigation Company and the predecessors in interest of said defendants, dated May 16, 1904, and as in turn taken over and assumed by the United States in its agreement with the Stony Creek Irrigation Company, dated September 4, 1907, and deed from said Stony Creek Irrigation Company in pursuance thereof of May 21, 1909, is hereby confirmed, and in the following particulars shall have the sense and meaning herein provided, to-wit:
a. That the 125 miners inches and 75 miners inches of water (under four inch pressure--being equivalent respectively to 2-1/2, and 1-1/2 cubic feet per second) shall be delivered to the Scearce lands from the Government system during the periods in each irrigation season described in said agreement to the extent of the requirement of the lands actually being irrigated in each season; such requirement to be gauged by the maximum requirement of similar lands under the Orland Project, and such deliveries to be by way of irrigation heads of greater amount than the aforesaid 125 miners inches and 75 miners inches, when required, in accord with the usual practice on the project; the total amount of water delivered during any irrigation season to said

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Scearce lands to be not greater in volume than the amount produced by a continuous flow of 125 miners inches up to July 15th and a continuous flow of 75 miners inches during the balance of the irrigation season; and in any one monthly period of each irrigation season not more than would be provided by a continuous flow for one month of 125 miners (if before July 15th) or of 75 miners inches (if after July 15th), or as the case may be, a proper combination of the two where the monthly period to be considered includes said date of July 15th.

b. That water for stock watering purposes on the Secarce lands (to the extent of all reasonable necessity therefor but without undue waste) may be taken from the Government canal during the irrigation season when water is not being delivered for the irrigation of said lands, and at such times in the year outside the irrigation season as water is being run in said canal at the Scearce intake as a matter of project administration. It is understood, however, that the running of water in said canal outside the irrigation season is not a usual condition, but rather on the other hand that water is seldom if ever taken from the stream or run in the project distribution system at any time except during the irrigation season and, therefore, is and will not be available ordinarily for stock watering purposes on any lands including the Scearce lands except during the irrigation season.

c. That the advantageous facilities resulting from the storage of water by the Government shall be made use of in accomplishing deliveries to the Scearce lands when at all practicable, and that in years of drought or great scarcity of water (of which the year 1924 was an example), at which time the storage water is exhausted early in the season, the

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available natural flow in the stream, under the priority of the Hall and Scearce appropriations as determined in this adjudication, shall be distributed to the Hall lands and the so-called Scearce lands up to their requirements as aforesaid in preference to all other lands under the project system, subject only to such priorities over said Hall and Scearce lands as may be decreed in said adjudication.

d. That the proper administration of the project system requires the cleaning and incidental repair, for a distance of approximately one-half mile, located one and one-half miles above the Scearce intake, of that main project canal which supplies the Scearce lands, at least as frequently as once every other year, and occasionally for two years in succession; that the only practical and feasible time in which this cleaning can be accomplished is during a period of approximately three weeks in the month of October, at which time water is not diverted into the canal from Stony Creek and same is allowed to dry out as the necessary requirement of said cleaning and repair; that it is understood that the parties hereto will arrange matters so as to accomplish an irrigation of the forage crops on the Scearce lands (if the same should be necessary at that time) just prior to the cleaning out of said canal as aforesaid; and also that at that time to have stock water taken from said canal so that the same in so far as practicable may be carried over during said cleaning period in receptacles or depressions on said lands. It is understood that no longer period than three weeks will ordinarily be required for these cleaning operations, and that the same will be curtailed in time so far as reasonable and practicable, and that water for irrigation shall be available for the balance of the irrigation season there-

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after for said Scearce lands to the extent of the unused portion of the total named in paragraph 'a' above, and gauged by the requirement of said lands as described in said paragraph."
[.PDF EXHIBIT - "Stony Creek Land Schedule" & "Lemon Home Land Schedule."]

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Commencement of This Suit as Against Certain Defendants.

On May 28th, 1918, against A. C. Bayley, M. G. Bedford, R. E. Blevins, O. F. Bickford, W. W. Gatliff, Alvin Gollnick, James Harman, S. A. Hineline, John O. Johannsen and Wiebeke Johannsen, Lucy Kimel, J. E. Knight, J. F. Mallon, G. W. Markham, William Niesen, Harvey E. Provence, John H. Soeth, E. E. Smith, Abe L. Triplett, Frank W. Troxel, I. E. True, A. P. Wakefield and Frank Whalley; on October 4, 1919, against Carl Green, L. E. Mann and Tim O'Leary; on March 31, 1922, against John A. Harbison and on April 3, 1919, against all other defendants referred to in subdivisions (6) and (7) of this Article.

IX.

That the rights of plaintiff to administer and control the release of stored water from the East Park Reservoir and to convey same down the channels of Little Stony and Stony Creeks to the South and North Diversion Dams of the Orland Project for recapture, conveyance to and use upon the lands of said project for the reclamation and irrigation thereof and for the supplementation of amounts available therefor from natural flow at said diversion points is hereby explicitly recognized and established as they are defined in Article VIII hereof; that certain of the defendants herein as shown in the Appropriation Schedule in Article VII of this decree, have their points of diversion and take water from Little Stony Creek or Stony Creek under the rights decreed to them herein between the East Park Storage Dam and the South and North Diversion Dams of the Orland Project

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(none diverting between said last named dams), and certain of the defendants herein, as shown in the Riparian Land Schedule in Article XII hereof, are the owners of lands which are touched or traversed by Little Stony Creek or Stony Creek between the said East Park Storage Dam and said project diversions and have had rights decreed to them herein for and on account thereof, subject to those certain limitations and conditions stated in Article XIII; that each of said defendants (and each of the persons, estates, interests and ownerships represented by certain thereof), their assigns and successors in interest, servants, agents and attorneys, and all persons claiming by, through or under them, are hereby perpetually restrained and enjoined from claiming or asserting any right, title or interest in or to said stored waters of plaintiff, and from taking, diverting, using or in any way interfering with said waters as or while same are being conveyed down said stream channels past their said points of diversion or their said lands, or otherwise.

X.

Indian Rights of Plaintiff,

That plaintiff, in connection with and for use upon the Grindstone Indian Reservation, comprising the South Half of Southeast Quarter of Section 15, in Township 21 North of Range 6 West, M. D. B. & M., in the County of Glenn, State of California, has reserved, acquired and appropriated the waters of Stony

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Creek and its tributaries, and has acquired and owns on behalf of the Indians on said Reservation and their descendants and successors thereon, rights to said waters as follows:
(a) The right, by Indian occupation, possession and use, to have the waters of Stony Creek flow over and through said reservation, for use by way of diversions thereof or otherwise, for stock watering and domestic purposes thereon or therewith, and for the irrigation of the lands thereof, as of the date of priority of April 15, 1881, and to the extent of 1 cubic foot per second constant flow throughout, each year;

(b) The right, as reserved by implication of law at the time and because of the setting aside and establishment of said reservation, to have the waters of Stony Creek flow through and over said reservation, for use by way of diversion thereof or otherwise for stock watering and domestic purposes thereon and therewith, and for the irrigation of the lands thereof, as of the date of priority of January 7, 1909, and to the extent of 1 cubic foot per second constant flow throughout the year;

(e) The right, by appropriation, to divert from the natural flow of Stony Creek at the point of diversion or pump site on said lands at said creek 52.5 acre-feet of water during each irrigation season--as of the date of priority of July 15, 1920, and at a rate of diversion not exceeding 1 cubic foot per second at any time during such season--for the irrigation of 15 of the irrigable acres of land within said reservation;

That the foregoing rights, as listed under items (a), (b) and (c) above, are inclusive one of the other in such manner as to limit the total diversion thereunder to 1 cubic foot per second constant flow throughout the year.
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XI.

That the diversion works and irrigation structures through and by means of which the water called for under the above defined rights of plaintiff are stored, diverted from the streams and carried to the project or Indian lands, with the points of storage and diversion for such works and structures and priority dates of said rights, are listed in the Appropriation Schedule made part of Article VII of this decree; that each of the said rights of plaintiff entitles it to a first and prior call, to the extent thereof, upon the available stream flow at its diversion or storage point, as against all defendants named in said Appropriation Schedule whose rights, as listed in said schedule, bear later dates of priority than said right of plaintiff (subject, however, to the above described prescriptive rights against the so-called Stony Creek and Lemon Home Appropriations), while others of the defendants named in said Appropriation Schedule, when their rights have earlier dates of priority than any one of plaintiff's rights, have a first and prior call, to the extent thereof, upon said stream flow as against such right of plaintiff; that plaintiff under its above described rights, however, has a first and prior call, to the extent of each thereof, upon the available stream flow at the points of diversion or storage applying thereto as against certain of the defendants herein whose rights are made subject thereto or defined in relation therewith in later articles of this decree; that the irrigation season referred to in Article VIII as applying to the lands of the Orland

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Project is defined as and adjudged to be the period beginning on March 15th and ending on October 15th of each year; that the irrigation season referred to in Article X hereof as applying to the Grindstone Indian Reservation is defined as and adjudged to be the period beginning on April 15th and ending on September 15th of each year;

RIPARIAN RIGHTS OF CERTAIN DEFENDANTS.

XII.

That each of the defendants named in the Riparian Schedule as set out below and made part hereof, in proper person or in the representative capacity indicated, has acquired and owns the right or rights accredited to him in said Schedule as further defined and limited herein; that the stream from which the water called for under each of said rights is or may be diverted or used, together with the description of the lands and number of irrigable acres thereof in each quarter-quarter section or 40-acre tract (irrigated and unirrigated) to which said right applies are stated in said Schedule in appropriately designated columns thereof opposite the name of each of said defendants; that the figures given in said schedule for the areas of said lands which are irrigated exactly correspond with those stated for the same defendants in the Appropriation Schedule made part of Article VII hereof, and reference is made thereto as to the points of diversion, names and descriptions of ditches or other appliances used for diverting and conveying the water to said lands, and for the total and per acre water requirements thereof; that each of said defendants is

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the owner of the lands set opposite his name in said Riparian Schedule, said lands having been acquired by him by direct chain of title from the United States and having been at the time of such acquisition, and now being, touched or traversed by the stream or streams indicated in said Schedule; that by reason of such ownership of lands riparian to said stream or streams each of said defendants as aforesaid has acquired and owns the right to divert from the stream aforesaid, and to carry and apply to beneficial use upon said lands, for the irrigation of the aforesaid irrigable area thereof, water in maximum amounts and at maximum rates of flow set opposite his name in said Schedule under the heading "Requirement at Diversion", viz: the number of acre-feet per acre during each irrigation season stated in the first column under said heading, to be diverted at a rate not exceeding at any time during said season the flow in cubic feet per second per acre stated in the last column thereunder; the requirements per acre at the land, allowable conveyance loss and diversion for month of maximum use being as stated in said Schedule and having the significance and meaning of the items of similar import in the Appropriation Schedule made part of Article VII of this decree; that the right to divert and use water for any given area under irrigation in any season within the total irrigable acreage to which each of said rights applies shall be ascertained, and is defined and limited, by multiplying the figures in the Riparian Schedule representing diversions in acre-feet per acre for the irrigation season and cubic feet per second per

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acre for a month of maximum use by the number of acres in the said given area; that the irrigation season referred to in this Article of the decree is hereby defined as and adjudged to be the period beginning on April 15th and ending on September 15th of each year; that where figures and data applying to one right are set opposite the names of more than one defendant in said Riparian Schedule, each of same is deemed and held to have an undivided interest in the lands and right therein described under such mutual contractual relations as may obtain between them, which said relations are not determined or defined in this decree; that the right of each of said defendants, being based upon the ownership of lands riparian to the stream, is further limited, within and under the maximum diversion figures above given, to the diversion, carriage and use of such part of the available natural flow of the stream and its tributaries (after all subtractions therefrom on account of diversions and storage under such prior and superior rights as are determined and decreed herein) as does and will constitute a reasonable and proper share thereof as between himself and the other defendants named in said Riparan Schedule, which as aforesaid is made part hereof and set out below:

[p. 160 IS BLANK
pp. 161 - 165 .PDF EXHIBIT - "Riparian Schedule"]

[Names listed on Riparian Schedule:

John M. Adams
J. E. Ayer
Alex. Brown
L. E. Brownell
L. R. Brownell
R. H. Brownell
Mrs. L. R. Brownell
Henry Chastain
J. H. Driscoll
Geo. C. Ellis
Dora A. Fender
J. A. Flanagan
Joseph J. Flanagan
Francis D. Flanagan
Anna Flanagan
Edgar Hunter
Ellen Hunter
E. C. Kaerth
F. M. Kesselring
Annie M. Kesselring
J. E. Knight
C. W. Lovelace
W. J. Lovelady
T. F. Lovelady
Annie Evans Lovelady
Annie Evans Lovelady [separately]
G. W. Markham
Irma I. Moon
Pruda Moon
E. K. Peirsol
E. C. Phelps
C. L. Simpson
J. F. Stites
Rufus G. Stites
Marguerita Williams Welch
A. T. Welton ]

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XIII.

That each of the foregoing rights entitles the defendant owning same or "Riparian Owner" (as a designation of convenience) to a first and prior call to the extent thereof upon the available natural flow of the stream at his land during the irrigation season as against plaintiff, and its rights as decreed herein, and as against the defendants to whom rights by appropriation are decreed herein; saving and excepting, however, and subject to the explicit provisos:
(1) That the right aforesaid of each of said riparian owners, as to each riparian tract owned by him, is subsequent in point of time as to its call upon the waters of the stream, and subject and inferior to such rights of the other parties plaintiff and defendant herein and to each thereof, as same, are shown in Articles VII to XI inclusive of this decree, as have dates of priority which are prior in time to the date (as set down in said Riparian Schedule) of the acquisition of said riparian tract from the United States;

(2) That the right aforesaid of each of said riparian owners, in so far as same relates to his unirrigated area as shown in the Riparian Schedule, is further subsequent in point of time as to its call upon the waters of the stream, and subject and inferior:
(a) To the rights of those certain defendants, as same are defined in Article VII hereof, whose points of diversion are above and upstream from the points or places at which the riparian tract or tracts containing said unirrigated area are touched or traversed by the stream (being at or across the 40-acre tracts marked with stars in said Riparian Schedule), and whose dates of priority ante-

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date by five years or more the date of the commencement of this suit as between each of them and such riparian owner (being, as between any such defendant and riparian owner, the later or the respective dates of the commencement of this suit against them, as shown in the "Commencement of Suit" schedule with Article VIII hereof and in the Riparian Schedule), for the reason that such rights have been acquired and became established by prescription, as against such riparian owner and his right, through adverse user for the statutory period; that for the same reason the right of each of said riparian owners, in so far as same relates to his unirrigated area, is subsequent in point of time as to its call upon the stream, and subject and inferior, to those certain rights of plaintiff, and each thereof, as same are defined in Articles VIII to XI inclusive of this decree, whose points of diversion or storage are above and upstream from the points or places at which the riparian tract or tracts containing said areas are touched or traversed by the stream, and whose dates of priority antedate by five years or more the date of the beginning of this suit as between plaintiff and such riparian owner (being the "Date When Sued" shown in said Riparian Schedule);

(b) To the rights which plaintiff itself has reserved and appropriated for the irrigation of the lands of the Orland Project (as same are defined in subdivisions (1), (2), (3) and (4) of Article VIII of this decree) in that each and and every of said riparian owners, his assigns and successors in interest, is debarred and estopped from objecting to, and from preventing, interfering with or interrupting, the operation and maintenance of the irrigation works and structures of the Orland Project,

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or the diversion, storage, conveyance or use for irrigation under said rights of the waters of Stony Creek and its tributaries by that means, and from seeking or attempting so to do by suit or otherwise;
(3) That the rights aforesaid of said riparian owners and each of them are further subject to the condition and limitation that they shall remain and continue to be valid and subsisting, as against the parties plaintiff and defendant in this cause and their rights as decreed herein, only to the extent to which they are actually exercised within the 10-year period prescribed by Section 11 of the so-called Water Commission Act of the State of California (Chapter 586, Statutes of 1913), namely, to the extent to which the waters of the stream are actually diverted and put to a beneficial use on the irrigable riparian lands of said owners for the irrigation thereof during said period under said rights, limited always to the amounts and rates of diversion per acre stated in Article XII hereof; that the said 10-year period as against each of said riparian owners began to run on the date of the passage of said Act and extended up to the date of the commencement of this suit against him (as stated in said Riparian Schedule), and shall again begin to run as against him upon the date of the making and filing of the decree herein, or in the event of the prosecution of an appeal in which his right may be involved, upon the date of the making and filing of said decree as modified or confirmed on said appeal;
XIV.

APPROPRIATION RIGHTS OF GLENN-COLUSA
IRRIGATION DISTRICT.

That defendant Glenn-Colusa Irrigation District is named in the order of its priority in the Appropria-

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tion Schedule set out in Article VII of this decree with the location on Stony Creek of its diversion therefrom; that its right to divert the water of said creek at said diversion point, and to convey same by way of its main and lateral canals to the lands of said District, is based upon an appropriation initiated on the 14th day of November, 1904, for the purpose of supplementing the irrigation supply for said lands (as mainly obtained by diversions from the Sacramento River into said main canal, by way of closing of the lower or easterly embankment of its main canal where it crosses Stony Creek (below all the points of diversion and storage and lands of parties plaintiff and defendant to whom rights are decreed herein) and thereby damming said flow and diverting same into its said main canal for conveyance to said lands; that the irrigation season for the lands of said District is hereby defined as and adjudged to be the period beginning on March 15th and ending on October 1st of each year; Stony Creek waters, however, being available in appreciable amounts for the supplemental purposes aforesaid under the priority of said defendant, and the conditions and limitations affecting same, only during the earlier weeks of said irrigation season, and in occasional years not at all; that said defendant Glenn-Colusa Irrigation District, subject to the conditions and limitations herein set out and prescribed, is the owner of and has the right--as of the date of priority of November 14, 1904--to divert from Stony Creek at the diversion point aforesaid, and in the manner and according to the method described above, to

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carry and apply to beneficial use upon the lands of said District for the irrigation thereof 20,315 acre-feet of water, or so much thereof as may be available at said point as above described, during each irrigation season, at the rate of diversion not exceeding 500 cubic feet per second at any time during said season; that said right, however, is subsequent in point of time as to its call upon the waters of the stream, and subject and inferior to the right or rights of each of those certain of the defendants herein as same are described in Article VII of this decree, whose dates or date of priority antedate by five years or more the rate [sic] of the beginning of this suit against them (as shown in Article VIII hereof) in that such rights have been acquired and have become established by prescription, as against said defendant district and its rights, through adverse user for the statutory period;

That the mutual rights of plaintiff and said Glenn-Colusa Irrigation District in and to the waters of Stony Creek and its tributaries, as between themselves, are as defined in that certain stipulation between said parties set out below and made part hereof, under the designation "Glenn-Colusa Stipulation":
Glenn-Colusa Stipulation.

"It is hereby stipulated by and between the plaintiff herein and Defendant Glenn-Colusa Irrigation District, by and through their solicitors in avoidance herein of all controversy, and as a settlement of the trial of all issues, as between said plaintiff and said defendant, arising in this suit or in relation to the agreement hereinafter

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named, or otherwise, that the Articles of Agreement entered into between the Central Canal and Irrigation Company, a corporation, and the United States, bearing date of September 24, 1907, and recorded on April 9th, 1908, in Liber I of Miscellaneous Records, page 525, Records of Tehama County; on April 24, 1908, in Book 1 of Contracts and Agreements, page 474, Records of Glenn County, the terms and conditions of which are now binding upon and have inured to the benefit of defendant, as assignee and successor in interest of said Central Canal and Irrigation Company, shall remain and be in full force and effect, saving only that the same shall be interpreted and modified in certain particulars as follows, and so interpreted and modified shall define and limit the mutual obligations and respective rights of and between plaintiff and defendant, their successors and assigns, to-wit:
(a) That the plaintiff shall be entitled to store all of the waters of Little Stony Creek and its tributaries up to but not exceeding 51,000 acre-feet during any seasonal year beginning October 1st, in the East Park Reservoir, or in such other reservoir, or reservoirs as may be constructed or acquired by plaintiff. Provided, however, that under and in pursuance of, and as provided and limited by the provisions of item (c) of this stipulation, said plaintiff may also store the said waters of Little Stony Creek in said reservoirs, to the extent that the same are available in excess of said 51,000 acre-feet so stored, in any seasonal year.

(b) That plaintiff shall be entitled to construct, operate and maintain diversion dams, with foundations of sheet piling or other water tight construction, including the so-called North and South Diversion Dams as they now exist, for the diversion of the surface and underground flow of Stony Creek to the lands of the

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Orland Project as now or hereinafter constituted, and shall have the right to divert thereby 265 cubic feet per second of the natural flow, both surface and underground, of said Stony Creek, and to distribute the same in such manner as plaintiff may elect.

(c) That plaintiff, in addition to the rights described in (a) and (b) above, shall further be entitled to construct operate and maintain reservoirs, and to store therein all the waters of Stony Creek and its tributaries during the months of October, November, December, January and February of each year, and in other months of each year to store in said reservoirs such portions of said waters as are not reasonably required to be diverted from Stony Creek for the irrigation of the lands in, or that may come in said defendant district; that upon written notice from said defendant district, said plaintiff will discontinue the storage of water in such other months whenever said defendant district may reasonably require such water.

(d) Plaintiff shall be further entitled to store in its reservoirs in any season of the year, any portion of the said 265 cubic feet per second of natural flow not diverted into its distributing canals.

(e) Defendant is hereby recognized as entitled, as against plaintiff, to all the waters of Stony Creek and its tributaries, and the right to divert and distribute to its lands all the waters thereof--saving and excepting the stored waters above mentioned--in excess of the 265 cubic feet per second of the natural flow aforesaid.

(f) Said plaintiff shall keep correct records of water flow and storage which records shall be open to defendant district at all times.
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GENERAL PROVISIONS.

XV.

That the lands within the Stony Creek watershed for the irrigation of which rights are decreed herein are arid or semi-arid in character and require irrigation in order that crops of value may be produced thereon; that except as herein specifically provided no diversion of water from the natural flow of the stream into any ditch or canal for direct conveyance to the lands shall be permitted as against any of the parties herein except in such amount as shall be actually and reasonably necessary for the beneficial use for which the right of diversion is determined and established by this decree, to wit: shall be made only at such times as the water is needed upon their lands and only in such amounts as may be required under the provisions hereof for the number of acres then being irrigated; that in each instance in which the irrigation season is established and adjudged herein for any group of lands or territory in the Stony Creek watershed, such season constitutes the time of the year during which water is and can be applied with profit and benefit to the irrigation of the lands in question; that the date of the beginning and the terminaton of such season is approximate in the sense that lands of special character, or which are dependent upon stream flows which vary from the more usual, occasionally may require, or can be beneficially served by, the diversion and use of water somewhat before the beginning or after the close of such irrigation season; that in such instance diversions may be made outside of the irrigation sea-

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son, provided that the amount diverted as against any of the parties hereto from the natural flow for direct application to such lands during the calendar year shall not exceed the quantity in acre-feet per acre allowed to be thus diverted herein during an irrigation season under any particular right; that where amounts or rates of diversions or flows of water are limited in this decree to stated figures for each irrigation season, such limitations apply as well to the entire calendar year containing said irrigation season; that in cases where by this decree water is allowed to be diverted by and through any ditch by the owner thereof for another party, the terms of the contractual relations existing between them are not intended to be determined herein, except in the instances in which stiplations approved by the Court are made part of this decree; that rotation, which is a well known, recognized and effective, practice in irrigation administration (constituting in effect the combining of flows allowed to be diverted from a given stream under two or more rights so as to provide for the alternate use of more adequate irrigation heads as between neighboring or other ditches taking from such stream), shall be permitted at all times and shall be required whenever necessary in order to obtain reasonable economies in the use of water, or in order to give to each ditch or water user a more advantageous method of irrigation, providing that such rotation shall not injuriously affect any of the rights determined or allowed by this decree; that the Water Master provided for herein shall arrange for and en-

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force such rotation, but shall consult with, and endeavor to obtain the agreements of, such water users as in his judgment should resort thereto, and shall embody his action in this regard into such reports as he may make or be required to make to the court herein; that if no valid objection thereto be made by other water users an owner of any right decreed herein, when the allowable diversion thereunder in the judgment of the Water Master does not constitute an adequate irrigation head for his lands, may with or without agreement for rotation, when permitted by said Water Master, divert a larger head or flow into his ditch for short periods of time in lieu of the smaller flow allowed to him under his said right, providing always that such use shall not exceed for the irrigation season the amount in acre-feet herein specified and allowed to be diverted from the stream for his lands; that appropriations and priorities of the same date rank as having rights of the same standing, and as having a simultaneous call upon the stream source in the proportion which said rights, as decreed herein, bear to each other in amounts entitled to be diverted thereunder; that any of the parties to whom rights to water have been decreed herein shall be entitled, in accord with applicable laws and legal principles to change point of diversion and the places, means, manner or purpose of the use of the waters to which they are so entitled or of any part thereof, so far as they may do so without injury to the rights of other parties as the same are defined herein.

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XVI.

That a Water Master shall be appointed by this court to carry out and enforce the provision of this decree, and the instructions and orders of the court, and if any proper orders, rules or directions of such Water Master, made in accordance with and for the enforcement of this decree, are disobeyed or disregarded he is hereby empowered and authorized to cut off the water from the ditch then being used by the person so disobeying or disregarding such proper orders, rules or directions; that the Water Master shall promptly report to the court his said action in such case and the circumstances connected therewith and leading thereto; that whenever the necessities of the situation appear to the court so to require, the court shall authorize the employment by the Water Master of such person or persons to assist the Water Master as to the court may seem necessary to carry out properly the provisions of this decree and the orders of the court; that the term of employment, expenses and compensation of said Water Master and his assistants, the payment thereof and the means and methods for securing funds with which to pay the same, shall be fixed by orders which the court may hereafter from time to time make; that any person, feeling aggriefed [sic] by any action or order of the Water Master, may in writing and under oath complain to the court, after service of a copy of such complaint on the Water Master, and the court shall promptly review such action or order and make such order as may be proper in the premises; that the owner or owners of

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each ditch or canal herein authorized to divert water from the natural flow of Stony Creek or any of its tributaries for direct conveyance to and irrigation of lands, unless specifically excused by the court or Water Master, shall at his own expense install and at all times maintain at an appropriate place at or near the head of said ditch, a reliable and readily operated regulating head-gate and a measuring box, flume or other device which may be locked and set in position--same to be approved by the Water Master--so that the water diverted into said ditch or canal at any and all times may be regulated and measured; that upon failure of any owner or owners to install structures of the above described character on or before the [one word in ink] "15th" day of [one word in ink] June, 1930 [parenthetical in ink] (under the conditions stated in the order of April 14, 1930) or on or before such different day as the court or Water Master shall set or determine, after due notice from the Water Master so to do, the said Water Master is herein authorized to cut off diversions of water into said ditch or canal until such devices and structures shall be installed and maintained.

XVII.

That each and all of the parties to whom rights to water are decreed herein (and the persons, estates interests and ownerships represented by such thereof as are sued in a representative capacity herein), their assigns and successors in interest, servants, agents, attorneys and all persons claiming by, through or under them and their successors, are hereby forever enjoined and restrained from asserting or claiming--

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as against any of the parties herein, their assigns or successors, or their rights as decreed herein--any right, title or interest in or to the waters of Stony Creek or its tributaries, or any thereof, except the rights specified, determined and allowed by this decree, and each and all thereof are hereby perpetually restrained and enjoined from diverting, taking or interfering in any way with the waters of Stony Creek or its tributaries or any part thereof, so as in any manner to prevent or interfere with the diversion, use or enjoyment of said waters by the owners of prior or superior rights therein as defined and established by this decree; that nothing herein shall prejudice the rights of any of the parties hereto or of their grantees, assigns or successors in interest, under any transfer or legal succession in interest after the commencement of this action, to any of the rights hereby adjudicated; that except as hereinbefore mentioned or otherwise stated, the provisions of this decree shall bind, and inure to the benefit of, the grantees, assigns and successors in interest of the owners of rights and parties hereto, whether substituted as parties or appearing in this case or named herein or not; that the several parties to this suit shall pay their own costs in this action as directly incurred or authorized by them respectively, provided that any further compensation of the Special Master, or amounts shown to be coming to him or the reporter, if any there be, shall be paid in such manner, at such times and by such parties as may be ordered by the court; that the retention of

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jurisdiction hereof for the limited purposes above described shall in no wise interfere with or interrupt the running of the time, as provided by law, within which appeal may be taken from the determinations and judgment herein.

[typeset] FRANK H. KERRIGAN,
...............................................
Judge.

Done in Open Court, this
13th.. day of ..Jan.... 1930.

[ink:] The within volumne [sic] has been corrected to
accord with the order of April 14th, 1930,

/s/ Frank N. [sic] Kerrigan
Judge.

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[ IRRIGATION SEASONS:

Page
-----
120 - April 15th . - September 15th - - Appropriation Schedule defendants . .but see Huffmaster exception
157 - March 15th - October 15th . .- - Orland Project, . . . . . . . . . . . . . . . . .but see exceptions
157 - April 15th . - September 15th - - Grindstone Indian Reservation, . . . . . but see exceptions
159 - April 15th . - September 15th - - Riparian Schedule defendants
169 - March 15th - October 1st . . .- - GCID, . . . . . . . . . . . . . . . . . . . . . . . but see exceptions

IRRIGATION SEASON EXCEPTIONS, etc.:

116 - Huffmaster stipulation, allowed water for domestic and stock watering purposes throughout the year
119 - "beneficial use" for irrigation defined as limited to within the designated irrigation season
138 - right of Orland Project to store 51,000 a-f of Little Stony flow in East Park whenever it's available throughout the year
138 - right of Orland Project to divert 250 cfs from Big Stony to East Park at any time throughout the year
141 - "beneficial use" for Orland Project irrigation a bit less limited
147 - Hall lands to receive less after July 15 in any season
147 - Hall lands have year-round right to water stock from government ditch if water is in the ditch
148 - after 3-week ditch draining and cleaning in alternate Octobers, Hall lands shall be entitled to the balance of its irrigation season
150 - Scearce lands to receive less after July 15 in any season
150 - Scearce lands have year-round right to water stock from government ditch if water is in the ditch
151 - after 3-week ditch draining and cleaning in alternate Octobers, Scearce lands shall be entitled to the balance of its irrigation season
155 - Grindstone Indian Reservation right is throughout the year including for stock, domestic, and irrigation uses
155 - But irrigation on 15 acres of the Grindstone Indian Reservation is limited to the irrigation season
166 - Dates of destruction of remaining rights for claimed but unirrigated riparian lands, without regard to season or flow
169 - GCID limited to early part of season despite its designated season, and some years to no diversion at all

170 - GCID Stipulation - the extent to which this is part of the decree and thus an allocation of all water rights for all year vs. it being just an agreement between Reclamation and GCID is unclear, despite the decree language that the stipulation sets forth "the mutual rights...as between themselves": 173 - "beneficial use" for irrigation defined as limited to within the designated irrigation season
173 - start and end dates of seasons are approximate and flexible, provided overall limits aren't exceeded

Throughout - oft-restated bar against parties defendant making any further claims, including, by its thorough language, for flows outside the irrigation season, and thus, by implication, as to all lands in the watershed, the Court assigned all rights for the full year, leaving nothing for the State to allocate further. Then there were the fatal limitations placed on unirrigated riparian lands that ensured their riparian right would expire useless and apparently barring them from irrigation from flows the riparians might wish to store outside of the irrigation season (if riparian rights ever allowed the storage of water).

Note that the only stated allowances for stock watering are for Hall and Scearce within the Project, for Grindstone Indian Reservation collateral to the Project, and for Huffmaster among the general defendants; and for domestic uses the only stated allowances are for Grindstone and Huffmaster.

Are all these exceptions enough to conclude the court intended to allocate all water rights in the watershed and not just irrigation season rights? ]

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Return to Stony Creek Water Wars.

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