THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (03/14/2010)

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

SWRCB Stony Creek Complaints - Index , Dewey Decimal 262.0 [?]

Outer Tab: 262.0 Complaints and Investigations - Stony Creek - Glenn County - 11-04 ;
Tab 11-04-01

050576 letter page/Supervising Engr. to Percy Tracy; "We have been advised that you have been diverting water from an unnamed stream tributary to Stony Creek. [para] We have checked our Records and do not find a water right under your name. [para] Please advise us within 15 days under what basis you are diverting water."

051776 Complaint Worksheet; Alleged Offender: Percy Tracy; Complainant: Harry S. Bates; County: Glenn; Source: Stony Creek trip. Sacramento River; Stream Code: 0-030-00-00-0; date closed: 06/17/1976

061676 Mrs. Bates called JNS/Div WRights; "Mrs. Bates called to advise that Mr. Tracy is still pumping. She believes that Mr. Tracy's attorney has misconstrued the situation. I said I would try to contact them and clarify the matter.
  • 2:00 p.m. 1-824-5111, I called Mr. Tracy's attorney Mr. Stromswss [?] but he was not in. Secretary said to call between 9 & 10 or 2 to 4 tomorrow. [para]
  • 061776 9:00 a.m. I called Mr Stromgress [?] about the pumping. He said he would check with Mr. Tracy. Stromniss [?] called back and said Tracy was pumping and wanted a man to check the situation out;
  • I then called Percy Tracy (9-1-865-2569) and made arrangements for Wynne Rowlands to meet him. Tracy lives on Road 7 first house to right west of freeway." [a few hundred yards upstream from Retzloff? Google Satellite, sumps now gone?]

    061776 Contact Report Wynne Rowlands & John M. Page/Div WRights contacted Percy Tracy, Harriet A. Bates and her father William; subj. Complaint, at ranch near Orland; " Mr. Soderstrand arranged for Wynne Rowlands to meet Mr. Tracy about noon today. Tracy was very anxious to have someone inspect the project today - the earlier, the better, as he was planning on leaving the ranch as soon as possible. It later was revealed that the family was going to Chico.
  • TRACY RANCH
    - We met Mr. Tracy at noon and were shown the project that is under attack by neighbor Bates. A basin has been bulldozed out of relatively flat overflow land of Stoney Creek. The basin material is very rocky - stone size from fine sand to about 8-inch diameter, all well rounded and smooth as found in river beds. The material appears to be extremely porous. About five years ago at the end of a hot summer the sump was dry and was deepened another 15 feet with a back-hoe. Depth was limited by rapid seepage of water. In a normal year the water in the sump remains fairly constant at about 4 or 5 feet below the surrounding land. This year we estimate the water surface to be about 8 feet below the top. Source appears to be groundwater. Water table is within 25 feet in the area [p. 2] (domestic well levels). This sump is known as Catfish Pond. [para] A horizontal centrifical [sic] pump (no name plate) was being driven by a 7½ HP Century squirrel-cage 220-volt motor. Powere Meter; GE No.47576, Kh 28.8, disk speed of 1 revolution in 26 seconds. Meter reading at 2:35 PM 03330," 06/17/1976. "Suction lift about 8 feet. The pump is connected to 3-inch aluminum quick-coupled irrigation pipe with 50 Brocknew No. 176 sprinklers with a spray radius of 25 feet, more or less. This field has only recently been brought under irrigation, being a clover mix for hay and was just cut. Stand is somewhat spotty. No ponding of water was apparent. Irrigation of plot of milo had just been completed. Both plots are fenced,
  • BATES-OWENS RANCH
    - Mr. Owens and Mrs. Bates (complaints) [sic] were contacted about 1:00 p.m. We were first given a history of the area and then shown the sump. The sump or basin area is of considerable extent--possibly 50 times that of the Catfish Pond of neighbor Tracy. The Bates-Owens diversions are under license [number?] (note the inspection for license was made during the spring when the basin was full of water). The sump area has been bull-dozed out and is composed of aggregate identical to that of the Tracy Catfish Pond. The Bates-Owens sump was deepened this May because of lack of water. The hole quickly filled with water and has remained static. The water level appears to be about at the same elevation as Tracy’s. There is no pump in Bates-Owens sump as livestock are watered directly. The land supporting the range stock was extremely dry and little feed was visible. However, willow and oak tree growth was verdant. We noted that pedigree type stock were maintained on irrigated pastures maintained by well water (the wells are shallow, with a maximum lift of about 20 feet according to Mr. Owens. [para] Mrs. Bates’ main concern is that the Tracy pumping will lower the water level in their sump and that they eventually will be out of water again. She felt that this was not the year to bring additional land under cultivation with required irrigation. Mr. Page suggested that we might run levels to the two ponds for possible hydraulic continuity. The levels would be run at our convenience--when personnel were available. This proposed action was satisfactory to Mrs. Bates. Mainly, she did not want the complaint file closed.
  • GENERAL OBSERVATIONS
    - We observed two other sumps in the immediate area that neither party had mentioned. Both have obviously been in existence for some time, one belonging to Tracy and supports a 20-acre mature stand of alfalfa. The pump is a 4-stage vertical turbine with a 5 HP 220-volt motor--see photos labeled Alfalfa Sump. Meter; 5T2030, Kh 28.8, disk speed 1 revolution in 24 seconds, meter reading at 2:45 p.m. 16317. Lift about 15’. Thirty [p. 3] sprinklers were operating on a long run with normal spacing. A number of good-sized black bass were seen in the sump. [para] The third sump appears to belong to the next neighbor. No pump was visible although a concrete pump pad and suction line were in place. Fish were also seen in this sump. Water level appears to be about the same as the other three sumps. [para] During our inspection, which covered a 3-hour plus period, we could discern no lowering of the water level in the Tracy Catfish Pond. The pump was in continuous operation. The pump for the mature alfalfa was also in continuous operation."
  • "Decision: No further action at present"
  • "Action Items: Run levels between sumps as help is available if problem recurs.
  • Hand drawn map, showing unnamed road, 4 sumps, 2 with piping, milo, mature alfalfa;
  • Photos
    - p. 1, 3 photos, "Tracy Catfish Sump"
    - p. 2, 3 photos, 1) Tracy Catfish Pond showing pump intake; 2) intake (actually pump & splitter; 3) ditto, with JMP, Tracy, & Back-hoe owner
    - p. 3, 2 photos, 1) Tracy - new planting, MP - Bruckner #176; 2) New clover - hay, pipes on surfact to sprinklers
    - p. 4, 2 photos, 1) Pump at alfalfa sump; 2) Tracy - alfalfa sump
    - p. 5, 1 photo, 1) Neighbor's sump
    - p. 6, 2 photos, 1) & 2) Bates Sump; POD - L (A. ) [meaning?] 2)
    - p. 7, 2 photos, 1) & 2) Bates Sump; POD - L (A. ) [meaning?] 2)
    - p. 8, 2 photos, 1) & 2) Bates Land; hot, dry, cattle guard on road

    [so, that's it?]
    Tab 11-04-02 [various Stonyford area stock ponds]

    071577 letter Freeman/OUWUA to Div WRights, "We would like at this time to make a protest of Stockponds being built in the Stonyford area without water right applications. Some of these people are:
  • Leroy Walkup
  • Ed Pendell
  • Mr. Moody
  • Mr. Buckley
  • Mr. Garland [the previous Water Master?!?]
  • Mr. Beck
    We feel that there are many more Stockponds in this area, and we also feel that it is infringing on our water rights in the Mendocino National Forest. [uh, what rights would that be?] We would appreciate action being taken by removal of these ponds...."

    081677 contact report, Tom Micka [?]/Div WRights & Merv Freeman; "Mr. Freeman provided locations of following stockponds:
  • 1) Leroy Walkup - below Rainbow Diversion Dam on Stonycreek (he has been using his cat. for ponds in area)
  • 2) K.L. Doran - S36 T18N R7W
  • 3) Ed Pendell - T17N R6W (endangering feed canal)
  • 4) Beck - S33 T18N R6W (300' across & 25' hi)
    Other than Walkup, the stockponds are in canyons w/no names. [para] Freeman is waiting for a county map to provide better locations. [para] Send letters c/o Gen Delivery Stonyford [para] This area has been adjudicated and all ponds const. in past year."

    081677 Complaint Worksheet; ID # 11-04-02; Alleged Offender: Walkup, Pendell, Moody, Buckley, Garland, Beck; Complainant: Merv Freeman, OUWUA; County: Glenn; Source: Stony Creek Trib. Sacramento River; Stream Code: 0-030-00-00-0

    090177 letter Freeman/OUWUA to Mikka/Div WRights; "I have received the information that you needed on the people who have built the Stockponds in the Stonyford area. [para] We have tried to gather all the information that you asked for such as the section numbers, townships, and so forth. We have also enclosed a map of the Orland Project [where?].
  • R. Beck - General Delivery, Stonyford, CA.
    - NW 1/4 of S4/T17N/R6W
    - SW 1/4 of S33/T18N/R6W
  • R.L. Dorn - General Delivery, Stonyford, CA.
    - S 1/2 of S25/T18N/R7W
  • L. Walkup - General Delivery, Stonyford, CA.
    - NE 1/4 of S31/T18N/R6W..."

    092377 Internal Memo Lininger to Files; "Orland Unit Water Users’ Association Concern Over Water Use from Stony Creek in Glenn County - On" 08/26/1977, "Mr. Spencer, Mr. Markle and I attended a joint meeting of six County Board of Supervisors in Chico at the Veterans War Memorial to discuss the reasons for our Fact Finding Team’s investigations of riparian users on the Sacramento River this summer. We were also to inform them under what authority we were making these investigations and how we were planning to use the information obtained. Merv Freeman, Manager of the Orland Unit Water Users’ Association, was in attendance at this meeting. At the close of the meeting Mr. Freeman approached and informed me that he had a bone to pick regarding our Board’s current practice of issuing permits without clearing protests. [para] This subject was discussed at length with Mr. Freeman at which time I informed him that upon my return to the office I would look into the matter on Application (A-24810) that he mentioned we had issued a permit without clearing their protest. I also stated that I would call him on Monday, August 29, to inform him of the current status of that application and reasons why if any, that he had not been notified of the hearing, in lieu investigation or why their protest had been dismissed or disregarded without his knowledge. [para] Mr. Freeman also mentioned to me that: he was deeply concerned about all of the permits that we were issuing on Stony Creek since in his opinion there is not adequate water to meet all existing rights today. Therefore, everytime we issue a permit on an additional storage facility or direct diversion that it only adds to the problem under their priority of right. Mr. Freeman emphasized that this year for example, many of the upstream reservoirs stored water under a priority that was junior to theirs without allowing the water to flow on down until the Orland Unit Water Users’ Association’s reservoir was filled first. Consequently, Mr. Freeman felt that we were doing a real disservice to the State by issuing additional permits on Stony Creek. [para] I asked Mr. Freeman that if he had filed a complaint with our Division regarding the situation described above. He replied that he had but he said that it would not do any good this year. He emphasized that if we were to enforce priorities of right and make the junior upstream permittees and licensees release the water from storage this late in the season that the water would [p. 2] be lost to groundwater recharge and wetting the dry Stony Creek channels [instead of through evaporation from the 3 reservoirs?]. Therefore, he did not wish that our Board take any action this year since everyone would lose the use of this water. However, Mr. Freeman was deeply concerned about this same kind of an action taking place again this fall and winter by junior upstream permittees and licensees. Consequently, he was wondering what our Board was going to do to enforce priorities of right on Stony Creek during the Winter of l977-78. [para] I suggested to Mr. Freeman that he write our Board stating his position, allegations of harm and his suggestions, if he had any, as to how we might assist them on this matter. Our Board received a letter from the Orland Unit Water Users’ Association dated September 6, 1977 signed by Merv Freeman addressing some of the issues. [para] The last paragraph of this letter states 'we would like to know who is going to tell this farmer to release water from his reservoir in a dry year and who is going to say how much water he had left over from previous years'. [para] It appears to me that our Division should take appropriate action this fall to notify all permittees and licensees upstream from the Orland Water Unit Users’ Association storage facility on Stony Creek that an engineer from our Division will be measuring water surface levels this fall and again next spring in their reservoirs to aid our Division in enforcing priorities of right as necessary. This may mean that on a given day next spring junior appropriators would be required to release stored water to satisfy senior storage rights downstream. Copies of this letter should also be sent to Orland Unit Water Users’ Association and other affected downstream prior rights. [para] I realize that our Division has limited staff thus making it very difficult for us to supply the manpower to implement and enforce this action. However, if next year turns out to be another dry year similar to 1977 then it appears that this would be effort well spent. In addition, I believe that Orland Unit Water Users’ Association and the public would appreciate our Board assuring that priorities of right are enforced. [para] I strongly encourage that our Board send a letter as suggested above and supply at least one division engineer to implement and enforce priorities of right this fall and next spring on Stony Creek. [para] By the way, you will be interested to know that we did notify Mr. Freeman in two separate letters that their protest was dismissed against Application 248l0, since the applicant had agreed to their terms and conditions."

    092377 route slip, MKL to various with files memo; "believe this needs aerial photography since it is illegal to clamp down on the permittees and licensees and let the illegals go scot free. I recommend we get pictures after there has been enough rain to reveal the locations of the ponds, and take action against the illegals while policing the others; (3) Is this your step?" Ans, "GThe Complaint is." [Page, 10/05]
  • 092377 Internal Memo Lininger to Files; another copy

    122077 letter Freeman/OUWUA to Pettit/Div WRights; "I would like to bring to your attention once [pen, "? ltr of" 07/15/1977] more the Stock Pond built by Mr. Richard Beck in the Stonyford area, that was installed with out a Water Rights Permit, and has blocked a natural spring. [para] This stock pond is adjacent to East Park Reservoir and is located on Plat. 11, T17N R6W in the northwest corner of Sec. 4, Colusa County. We would like to see this reservoir removed. [para] I have found a new address for Mr. Richard Beck, it is 798 Millstone, Santa Maria, CA..."

    123077 letter Pettit/Div WRights to Freeman/OUWUA; receive your 12/10/1977 letter; "I have referred your letter to John Page, supervisor of our Permit and License Section for Investigation. Mr. Page's staff is currently compiling information regarding several possibly illegal diversions in the Stony Creek Watershed, including those mentioned in your letter of" 07/15/1977. "We expecdt to contact all of the concerned parties when our initial information gathering is complete...."

    010578 contact report White/Div WRights called Fiddler/Reclamation; "I called to determine whether or not a Federal Watermaster had been appointed for the Stony Creek Watershed. Mr. Fiddler informed me that the" OUWUA "had requested that the court appoint one of their employees as Watermaster, however George Wilson of USBR, Sacramento, felt the individual suggested by Orland was not sufficiently qualified for the position. Mr. Fiddler mentioned the issue of illegal stockponds or reservoirs, suggesting his office is familiar with the Orland Complaint. He said that as soon as a qualified candidate could be found, the court would again be requested to make an appointment. This process could take some time and Mr. Fiddler suggested we call him again in about a month."
    010678 contact report White/Div WRights & Sue Norman/Ames Research; "Mr. Fields and I met with Sue Norman and inspected some high altitude infrared photographs of the Stony Creek Watershed to determine their utility in locating ponds and reservoirs in the watershed. If stockponds can be detected from these photographs, a significant saving of both manpwoer and expense will result in comparison to obtaining the same information by ground observation. A letter requesting copies of the relevant high altitude films has been drafted. [para] We also examined several composite photographs derived from Landsat data which demonstrated the potential of this technique for water body location and land use study (could be used to document extent of irrigation by riparians). A minimal investment in manpower (2-4 man days) would permit a thorough evaluation of this approach with respect to probable uses within the division. No financial commitment is involved at this time."

    letter 011778 Rosenberger/Div WRights to Norman/NASA-Ames; Stockpond Inventory within Stony Creek Watershed in Tehama, Glenn and Colusa Counties; "We are currently involved in a project to inventory ponds and reservoirs in the Stony Creek Watershed located in Tehama, Glenn and Colusa Counties. The watershed is contained within a rectangle with its NW corner at 45°05'N, 123°00’W and the SE corner at 39°10’N, 122°l5'W. On January 6, l978 Mr. Fields and Mr. White of our staff visited with you and inspected infrared film from Flight No. 72-110 (Acc. No. 00492) and flight No. 76-125 (Acc. No. 02400). In their opinion this film would be a valuable aid in our attempt to identity and locate reservoirs in this watershed, resulting in significant savings of manpower and expense. We therefore request copies of the following frames, selected by computer from the latitude and longitude data which we provided. 
      Flight 72-11O: Accession Number 00492

     Frame Nos. 2405-2408
                2433-2442
                2486-2492

Flight 76-125; Accession Number 02400

     Frame Nos. 8743-8749
                8758-8764
                8808-8809
    In addition, we are interested in the 'natural color' film of the same area. We do not have the Accession Number for this film, however if it can be located we request copies of the following frames: 2379-2386, 2405-2406. [para] Based on our brief introduction to the Landsat program, it appears that Landsat technology could be successfully applied to various water rights-related projects encountered by our Division. We are particularly interested in the data output [p. 2] format which would selectively display water on the earth’s surface and determine the coordinates of each water body. This approach would complement the high altitude photography as well as give us the opportunity to evaluate other potential uses for Landsat and the Detection and Mapping (DAM) package. The identification of irrigated lands is another project area in which the Division may possibly utilize the Landsat and computer processing capabilities. [para] We appreciate your cooperation in obtaining copies of the film frames we have requested and would also like to meet with you again to investigate the ways in which Landsat technology may be applied to the specific projects we have discussed as well as to other tasks encountered by the Division. We foresee no difficulty in meeting the small manpower requirement (2-4 man-days) which you described for this project since the potential benefits for the Division appear to be significant....

    022478 letter Rosenberger/Div WRights to Norman/Ames Research; "Reservoir and Stockpond Inventory Within the Stony Creek Watershed in Tehama, Glenn and Colusa Counties; As I previously advised you in my letter of" 01/17/1978 "the staff of the Division of Water Rights is currently involved in a project to inventory storage facilities within the Stony Creek Watershed. The objective of this work is to locate all storage facilities, determtne the approximate water surface area, determine the owners and the basis for storage under California Water Rights Law. [para] We estimate that upwards of 1,500 storage facilities have been constructed within the Stony Creek Watershed in recent years. Current methods of detection and inventory rely on the use of information obtained from U.S. Geologic Survey Quadrangles and extensive field work. However, due to limited current information and the inaccessibility of the Stony Creek area, the task appears more arduous than usual. For this reason the staff is very optimistic about the use of Landsat imagery and the Detection and Mapping. (DAM) package. [para] We anticipate that imagery and tapes (if needed for DAM package) from a Landsat pass during the month of February l978 would be required at this time. Because of the small size of some of the storage facilities, this information will be used in conjunction with high altitude photography and possible low level control flights. [para] I would appreciate your assistance in setting up this demonstration project for the Stony Creek Watershed including Landsat imagery, computer compatible tapes, computer technology and your expertise in the remote sensoring field, that would allow our Division to evaluate the potential of Landsat technology for these purposes. [para] We estimate that the Division will spend about 350 man-hours for the initial phases of the project which includes the time necessary to coordinate the demon stration project with your office. [para] Upon the completion of this demonstration project I would like to make tentative arrangements for your office to give a presentation to the Division of Water Rights on the potential uses of Landsat technology and high altitude photography for water rights applications...."
    032078 letter Page/Superv Engineer to Freeman/OUWUA; "Reservoir Construction Within the Stony Creek Watershed in Tehama, Glenn, and Colusa Counties; In our previous letter of" 12/30/1977 "we advised that information was being compiled regarding several possible illegal diversions, including those mentioned in your letter of" 07/15/1977. "However, after review of the initial data collected, staff has concluded that a more detailed study of the entire Stony Creek Watershed should be conducted. [para] Presently, we are awaiting receipt of aerial photographs of the Stony Creek Watershed which will be used to update the U.S.G.S. quadrangle maps to include all recently constructed reservoirs. At the conclusion of this study, contact will be made with all owners of reservoirs for which no basis of right can be determined. [para] Because of other demands placed on staff time and the less critical nature of the water situation in the Stony Creek-Orland area, due to this winter's rains, the study will continue as time is available with the intent of completion by this fall."

    091978 letter Carroll/Senior Engineer to Richard Beck; " Unnamed Stream Tributary to Little Stony Creek in Colusa County; We have been advised that you are collecting water to storage. However, we find no filing in our records in your name or at your location for the diversion of water to storage. Please advise us under what claim of right you are collecting water to storage. [para] Enc1osed is an informative booklet on Water Rights In California."

    [so, where is the rest of it?]
    Tab 11-04-03 [Glide Water District, Orland-Artois Water District]

    051090 Complaint Log & Update Form
  • Complaint ID: 351
  • Complaint File 262.0, County #11, Stream #04, File #03;
  • County: Glenn; Filename: Stony Creek;
  • Source: Sacramento River, Stony Creek, CVP; Related App's: A005625 [Reclamation's 06/30/1927 Shasta Dam Ap]
  • Tributary: Tehama-Colus Canal
  • Complainant: Glide Water District, Orland-Artois Water District
  • Respondent: U.S. Bureau of Reclamation
  • Investigation Information:
    - Complaint Received 05/10/1990
    - Division Letter 05/24/1991
    - Answer Requested 05/15/1990
    - Complaint Closed 05/29/1991
  • Status
    - Engineer Assigned EM
    - Current Status Closed
  • Remarks: "Area of Origin issue concerns permit or licenses issued in connection with A-5625, 5626, 9363, 9364, 9365, 9366, 9367, 9368, 10588 (Decision D-990), 18115, 19451 (Decision D1-1100)"
  • Required Action: "Matter referred to OCC (08/15/1990 - Barbara Lieghdig ) for analysis of legal issues...; BL completed report/letter signed by RJ 05/24/1991.
    [Where is the rest of this complaint?]
    Tab 11-04-04 & 05 [Retzloff]

    072396 Complaint; Permit 13490, CID #679 262.0 (11-04-03, changed to 04) Robert Retzloff, 4710 Co. Rd FF, Orland, CA 95963 916-865-4210; Orland Water Users Irrigation Dist., Black Butte Dam, "alleged diversion" on Stony Creek; County of Glenn; "The shut the dam off and don't leave very much run off. Thier [sic] is very little water running in creek at this time. And since the dam has been put in the water level has gone down that's why I had change [sic] my sump"; "injury to me as follows: Has caused hard ship and more work. Also higher P.G.E bill. Also I went to the Orland Water Users office and they said they could do enything about it [sic]. Thats why I called down thier [sic] to your office. To see if anything could be done. I didn't what else to do getting no where [sic]"; checked "have" contacted the alleged offender. The alleged offender's intentions are: They said they could do anything about [sic]. That was George Wilson."; "I offer the following possible solution to the situation: In think they could thier use to be more water in the creek [sic]." "My diversion...." S8 T22N R3W M.D.B & M in the County of Glenn; "My use of water is as follows: To water almond trees and pasture" "basis of my claim to divert water is: a) An appropriative right under License No. 8028, Permit No. 13490, Application No. 20104.... c) Other (Describe): Been useing out the creek since 1913 Geo Retzloff my Dad [all sic]." [Geo. Retzloff awarded rights by the Decree, abandonment attempt 03/09/1932, parcels seem to be different quarter/quarter from those in Ap 20104 ; error in decree? ].
  • hand-drawn map, showing old sump, new sump, irrigated orchard 10 acres & pasture 24 acres within larger parcels, measurements in feet, Rd 8 & Rd FF

    080596 letter Van Dyck/Complaints Unit to Reclamation & OUWUA; "...Division of Water Rights (Division) has received a complaint from Mr. Robert Retzloff alleging that the operation of Black Butte Reservoir (under permitted Application 18115 of the Bureau of Reclamation) is causing injury to his rights under licensed Application 20104, which authorizes the direct diversion from Stony Creek Underflow of 0.5 cubic foot per second from February 15 to November 15 of each year. [para] Enclosed for your information is a copy of the complaint along with an 'Answer to Complaint' form and a pamphlet entitled Information Pertaining to Investigating Water Right Complaints in California. [para] Please review each item carefully and then complete the 'Answer to Complaint' form, responding to the allegations as completely as possible taking into consideration Term 7 of Permit 13776 (Application 18115) which reads as follows:
    In conformity with Water Code Section 10505, this permit shall be subject to any and all rights of any county in which the water sought to be appropriated originates to the extent any such water may be necessary for the development of the county.
    Upon receipt, all items submitted by each party will be evaluated to determine if the Division will continue to process the complaint, including a possible field investigation. You and the complainant will be notified accordingly. [para] We would appreciate receiving the 'Answer to Complaint' form within 30 days from the date of this letter." etc.

    083096 office memo Wm. Van Dyck to Bob Reiter; "Retzloff's Application 20104 was unprotested and the license is in good standing, with no modifications since issuance."

    082996 [typewritten] Complaint CID #687 262.0 (11-04-05) [he got help? names USACE] Robert E. Retzloff, (916) 865-4210, 4710 County Road FF, Orland, Ca 95963 , against U.S.A. Corps of Engineers, Sacramento, CA, on Stony Creek, S32 T23N R3@ MDB & M in County of Tehema, general location Glenn County Road 200 7 miles northwest of Orland; "Black Butte dam is a flood control facility and the Corps of Engineers do not release a sufficient volume of water during May, June, July, August, September and October to maintain underground recharge to areas along Stony Creek." "injury to me as follows: With a diminished flow shallow wells and sump systems like I have used for sixty plus years do not have enough water to sustain my irrigation ability to grow feed and livestock." "have contacted the alleged offender." "alleged offender's intentions are: Unknown" "offer the following possible solution to the situation: For U.S.A. to maintain at least 50 cfs discharge over and above that being used by the Orland Irrigation Project." "My diversion is located on: My land in the SW 1/4 NW 1/4" S8 T22N R3W MDB & M, County of Glenn, "My use of water is as follows: To irrigate pasture, hay field and almond orchaqrd on approximately 40+ acres located along Glenn County roads 8 and FF"; "appropriative right under License No. Angle Decree January 13, 1930" "Shown on page 135 of APPROPRIATION SCHEDULE "Angle Decree", under George and Emma Retzloff, April 15, 1918." /s/ Robert F. Retzloff, 08/26/1996

    090696 letter Stackhouse/Reclamation to Van Dyck/Complaints Unit; "We have reviewed your letter regarding the complaint filed by Mr. Robert Retzloff against the Orland Water Users’ Association. As requested, enclosed is the "Answer to Complaint" form regarding the operations at Black Butte Reservoir. We do not believe that the operations at Black Butte Reservoir are impairing Mr. Retzloffs right to divert water from Stony Creek under licensed Application 20104 during the period February 15 to November 15 of each year. [para] We note that Decision 1100 (D-1100) adopted on September 26, 1962 limited the diversion to storage season under Permit 13776 for Black Butte Reservoir to the period November 1 to April 30. The months of March, April and November were included in the storage season only to permit the collection of large flows during wet years. It was noted in D-1100 that the Bureau of Reclamation intended to respect the downstream prior rights of others defined by the decree in the case of United States of America vs. H.C. Angle et. a!. Equity No. 30 in the Northern Division of the United States District Court for the Northern District of California, Second Division (Angle Decree). Also, it is noted in D-1100 that all permits granted by the State Water Resources Control Board (SWRCB) are issued subject to prior vested rights (see page 12 of D-1100). [para] We believe that Mr. Retzloff, licensed Application 20104, is subject to prior vested rights (issued by the SWRCB or defined in the Angle Decree). D-1100 found that there is no unappropriated water available in Stony Creek during the period of about May to October of each year and only unappropriated water available during the months of November and April of wet years (see page 9 of D-1100). In other words, we believe that during May through October of most years natural [p. 2] flow of Stony Creek may not be available for diversion at Black Butte Reservoir under Permit 13776 or for direct diversion under licensed Application 20104. Furthermore, water collected to storage at Black Butte Reservoir during November 1 to April 30 and later released during the spring, summer, and fall months is not available for direct diversion under licensed Application 20104. [para] Your letter also requested that we take into account Term 7 of Permit 13776 related to Water Code Section 10505, commonly referred to as the county of origin. Under that statue [sic], a person or entity that appropriates water from a specific source for use(s) within the county of origin has a priority of right for such use(s) of the water which is senior to the right of a person or entity that appropriates water from that same source for use(s) outside the county of origin. However, that statute does not ensure every person and entity within a county of origin that there wi!l always be a natural flow of water in all water sources within the county sufficient to satisfy all desired water uses within the county. In this case, the full natural flow of Stony Creek has been previously appropriated for other uses (defined in the Angle Decree) during most of the period when Mr. Retzloff wants to divert water pursuant to licensed Application 20104. [para] A copy of D-1100 with this letter is being sent to Mr. Retzloff’. We hope that the complaint will be dismissed. Mr. Robert Reiter of our water rights staff may be contacted regarding this matter at (916) 979-2411." [This is bunk. They severed the underflow just the same as they did at East Park]; cc: Mr. Robert Retzloff; George G. Wilson, Orland Unit Water Users’ Assocation;
  • 090996 Answer to Complaint [Form]; " The allegations made in the Complaint are correct except as follows: The Orland Water Users’ Association does not operate Black Butte Dam. Black Butte Dam and Lake are operated and maintained by the Corps of Engineers. The United States Bureau of Reclamation holds the water rights for Black Butte Reservoir and various water rights associated with the Orland Project. [para] My use of water is: Domestic, irrigation, municipal, industrial, recreational and fish and wildlife protection and enhancement. [para] The basis of my claim to diver water is: [permit] 2339 (Stony Gorge) [Ap] 2212 (Stony Gorge) A) An appropriate right under License No. 2652 (Stony Gorge; Permit No. 13776 (Black Butte) Application No. 13776 (Black Butte) [sic, s/b 18115]; C) Other: Water rights under judicial decreee (Angle Decree dated january [sic, cap] 13, 1930 in the Norhter [sic] Division of the United States District Court. Earliest date of priority date is 1864. [para] I offer the following possible solution: None at this time. A copy this Answer has been sent to the Complainant by Regular mail; Signature /s/ John Fields [?]; Reclamation"

    letter 011497 Anton/Div WRights to Retzloff; "The Division of Water Rights (Division) has completed an analysis of the above-referenced complaints in which you allege that your appropriative and decreed rights are being injured during the months of May through October by the operation of Black Butte Reservoir. A copy of the staff analysis is enclosed. [para] Based on the analysis, the Division will not take any further action on these complaints. The State Water Resources Control Board!s (SWRCB) regulations provide that you can request a hearing before the SWRCB if you disagree with this decision (California Code of Regulations, Title 23, Section 821). The SWRCB will decide whether to hold a hearing based on information supplied by you and by the Division."; cc "Mr. George G. Wilson, Orland Unit Water Users’ Association"
  • 011497 "Complaints by Robert Retzloff Regarding the Operation of Black Butte Reservoir by the Orland Unit Water Users Association and the U.S. Army Corps of Engineers, Stony Creek in Glenn and Tehama Counties Complaints 262.0 (11-04-04 and 11-04-05)
    - Contents
    - Section
    - 1.0 COMPLAINTS, p. 2
    - 2.0 BASIS OF COMPLAINTS, p. 2
    - 3.0 ANSWER TO COMPLAINTS, p. 2
    - 4.0 ANALYSIS OF COMPLAINTS, p. 3
    - - 4.1 Water Rights Within Stony Creek Watershed, p. 3
    - - - 4.1.1 USBR, p. 3
    - - - 4.1.2 Retzloff, p. 4
    - - 4.2 Water Availability Under Priority of Right, p. 5
    - - - 4.2.1 Appropriative Rights Issued by SWRCB, p. 5
    - - - 4.2.2 Decreed Rights, p. 6
    - - 4.3 Conclusions, p. 7
    - 5.0 RECOMMENDATION, p. 8
    - [p. 2] 1.0 COMPLAINTS; The Division of Water Rights received two similar complaints from Robert Retzloff (Retzloff) regarding the operation of Black Butte Reservoir on Stony Creek in Glenn and Tehama counties. The first complaint, received in July 1996, was against the Orland Water Users Irrigation District (Orland Unit Water Users Association) and the second, received in August 1996, was against the U.S. Army Corps of Engineers (Corps). [para] The U.S. Bureau of Reclamation (USBR) responded to the first complaint in August 1996. For reasons cited in Section 3.0 below, the Division did not request additional responses from the Orland Unit Water Users Association or the Corps.
    - 2.0 BASIS OF COMPLAINTS; Retzloff alleges that his appropriative rights under licensed Application 20104 and rights under the Angle Decree (United States of America v. H.C. Angle et al.) are being injured due to insufficient releases from Black Butte Reservoir during the period May through October, resulting in a reduction in water levels in the Stony Creek alluvium. With diminished streamfiow, Retzloff contends that shallow wells and sump systems that he has used for sixty plus years no longer provide an adequate water supply for his irrigation needs, and the lower water levels also result in higher pumping costs.
    - 3.0 ANSWER TO COMPLAINTS; Though Black Butte Reservoir is operated by the Corps, the USBR holds the appropriative rights for storage under Permit 13776 (Application 18115) and directs reservoir operations for water conservation storage and releases for irrigation. Therefore, the USBR is the appropriate agency to answer the complaints. [para] In its response to the first complaint, the USBR states that:
    - - a) It does not believe that the operations at Black Butte Reservoir are impairing Retzloff’s right to divert water from Stony Creek under licensed Application 20104 during his diversion season of February 15 to November 15;
    - - b) Licensed Application 20104 is subject to prior rights issued by the SWRCB or defined in the Angle Decree; [p. 3]
    - - c) The full natural flow of Stony Creek has been previously appropriated during most of the period Retzloff wants to divert, thus no unappropriated water is available for the priority of licensed Application 20104;
    - - d) Retzloff is not entitled to water collected to storage at Black Butte Reservoir during the season of November 1 through April 30 and later released for use during the spring, summer and fall months; and
    - - e) The complaint of Retzloff should be dismissed.
    - 4.0 ANALYSIS OF COMPLAINTS; The analysis of the validity of Retzloff’s complaints is based on his priorities of right to divert water from Stony Creek and on the availability of water under those priorities.
    - - 4.1 Water Rights Within Stony Creek Watershed; The Stony Creek watershed is an adjudicated stream system with both adjudicated water rights and subsequent appropriative rights issued by the State Water Resources Control Board (SWRCB). The adjudicated rights are for the most part pre-1914 appropriative rights and riparian rights which were quantified by order of the U.S. District Court through the Angle Decree in a decision issued on January 30, 1930. The decree quantified and confirmed the priorities of rights to the waters of the Stony Creek system among approximately 70 parties to the legal action. The remaining rights in the watershed are appropriative rights issued by the SWRCB subsequent to the adjudication and are junior in priority to the adjudicated rights.
    - - 4.1.1 USBR; The USBR holds entitlements confirmed by the Angle Decree for direct diversion and storage and also has appropriative rights issued by the SWRCB for storage. The points of diversion are shown on Figure 1 and the rights are summarized as follows:
    - - - Angle Decree
    - - - - (1) Various rights to divert a total of 85,050 acre-feet (af) at a rate not exceeding 279 cubic feet per second (cfs) from the natural flow of Stony Creek, during each irrigation season,[fn 1 April 15 to Septermber 15 of each year] at the North and South Diversion Dams of the Orland [p. 4] Project.
    - - - - Date of Priority: October 10, 1906
    - - - - (2) The right to store the waters of Little Stony Creek and tributaries in the East Park Reservoir of the Orland Project by means of the East Park Storage Dam to the extent of the full 51,000 af capacity of said reservoir at all times water is available for such storage.
    - - - - Date of Priority: October 11, 1906
    - - - Appropriative Rights Issued by SWRCB
    - - - - (1) The right to collect to storage under licensed Application 2212, 50,200 acre-feet per annum (afa) in Stony Gorge Reservoir from November 1 of each year to May 1 of the succeeding year.
    - - - - Date of Priority: February 17, 1921
    - - - - (2) The right to collect to storage under permitted Application 18115, 160,000 afa in Black Butte Reservoir from November 1 of each year to April 30 of the succeeding year. Date of Priority: April 30, 1958
    - - 4.1.2 Retzloff; Retzloff holds an entitlement under the Angle Decree for direct diversion, and also has an appropriative right issued by the SWRCB for direct diversion. These are separate rights with the point of diversion and place of use for the decreed right located just downstream of the appropriative right issued by the SWRCB. These rights are downstream of Black Butte Reservoir (Figure 1) and are summarized as follows:
    - - - Angle Decree
    - - - The right to directly divert 0.31 cfs during the irrigation season (April 15 to September 15) to irrigate 15 acres in the E 1/2 of Section 8, T22N, R3W, MDB & M.
    - - - Date of Priority: April 15, 1918 [fn 2 This right is listed in the Appropriation Schedule on page 134 of the Angle Decree. No filing was made with the SWRCB.]
    - - - Appropriative Right Issued by SWRCB
    - - - The right to directly divert, under licensed Application 20104, 0.50 cfs (underflow) from February 15 [p. 5] to November 15 of each year for the irrigation of 44 acres in the W 1/2 of Section 8, T22N, R3W, MDB & M.
    - - - Date of Priority: April 4, 1961
    - - 4.2 Water Availability Under Priority of Right; Appropriative rights (including decreed rights) carry a priority in relation to other appropriative rights. The water user who is "first in time" is "first in right". This means that an appropriator is entitled to the full quantity of water specified under a senior right before junior appropriators may exercise their rights.
    - - - 4.2.1 Appropriative Rights Issued by SWRCB; Storage by the USBR at Black Butte Reservoir is authorized under a permit issued on an assignment of state filed Application 18115. Based on priority dates, this filing is senior to the rights of Retzloff under licensed Application 20104. Thus, during the period February 15 to April 30 and November 1 to November 15, when the diversion season under these respective rights overlap, the USBR has the first right to collect Stony Creek flow to storage in Black Butte Reservoir. [fn 3; All state filed applications are subject to the requirement of Water Code Section 10505 which provides that the county wherein water originates shall not be deprived of any such water necessary for the development of that county. A major portion of the watershed above Black Butte Reservoir is in Glenn County; however, a significant portion lies in Colusa County and a much lesser portion in Tehama County. Retzloff’s diversion and use of water is in Glenn County. Consequently, Retzloff would have a county of origin claim against diversion under Application 18115 only if storage releases from Black Butte Reservoir were exported out of the Tehama, Glenn and Colusa County area, which, although authorized under SWRCB Decision 1629 and Division Order dated April 1, 1996 on Permit 13776, has not to our knowledge occurred [except during the fall drawdown for flood control], or if deliveries to Tehama or Colusa counties were greater than the water collected to storage in Black Butte Reservoir that originated in those counties. Considering that there is upstream storage at East Park Reservoir and Stony Gorge Reservoir, the calculations to make these determinations would be very detailed and tedious. Furthermore, if such claim were valid it would only be applicable from February 15 to April 30 and November 1 to November 15, which is outside the period of Retzloff’s concerns. Therefore, based on available data, the probability that Retzloff would be entitled to receive water under a county of origin claim is deemed to be insignificant.] [p. 6] Division staff concurs with the USBR that Retzloff is not entitled, under licensed Application 20104, to the bypass of natural inf low from November through April or to the release of any water collected to storage in Black Butte Reservoir under the USBR’s senior right. [para] The diversion season in Application 18115, as originally filed, was for year-round appropriation of water from Stony Creek. Following an evidentiary hearing on the application, the SWRCB adopted Decision 1100 finding that water was only available for appropriation during the months of November through April based on prior downstream rights in the Sacramento River. Therefore, if water is not available from May through October for the priority of Application 18115, it follows that water is also not available during this period for the junior priority of Application 20114 [sic, s/b 20104] [& not after Black Butte severed the underflow], despite the fact that Application 20114 [sic] was permitted and subsequently licensed for the period.
    - - - 4.2.2 Decreed Rights, The decreed direct diversion rights of Retzloff carry a priority of April 15, 1918. The decreed rights of the USBR, which entitle it to divert 279 cfs from the natural flow [but not underflow] of Stony Creek at the North and South Diversion Dams, have a priority of October 10, 1906. Therefore, during the irrigation season of April 15 through September 15, the USBR has a right to its full entitlement before any natural flow is available to Retzloff. [para] In addition to the USBR, the average diversion rate during the irrigation season of the remaining rights in the Riparian and Appropriation Schedules of the Angle Decree, which are senior to and upstream of the decreed right of Retzloff, total approximately 85 cfs. Thus, Retzloff’s right under the Angle Decree to divert the natural flow of Stony Creek is subject to prior rights of up to 364 cfs. [para] Table 1 is an estimate of the unimpaired mean monthly flow of Stony Creek at Black Butte Dam for the irrigation months of April through September. [fn 4 Derived from Table 3-2, Lower Stony Creek Fish, Wildlife and Water Use Management Plan, USBR, March 18, 1996 ] Table 2 is an estimate of the frequency that the natural flow of Stony Creek could be expected to be available to [p. 7] Retzloff under the priority of his decreed right during the irrigation season. Except for the months of April and May, Division staff concur with the USBR that the full natural flow of Stony Creek has been previously allocated during the irrigation season under the priority of rights in the Angle Decree. 
                                            TABLE 1
Estimated Mean Monthly Unimpaired Flow of Stony Creek at Black Butte Dam in CFS (1921-1983)

MONTH		APRIL	MAY	JUNE	JULY	AUG	SEPT

FLOW		857	471	151 	16	0	0


                                      TABLE 2
Percentage of Time Mean Monthly Unimpaired Flow of Stony Creek Exceeded 364 CFS (1921-1983)

MONTH	        APRIL	MAY	JUNE	JULY	AUG	SEPT
%	        75	54	6	0	0	0
[this table is wrong; it credits the 85 cfs upstream "twice" if based on 
flows at Black Butte]

    - - 4.3 Conclusions; Based on the above analysis, Division staff concludes that:
    - - - a) Retzloff is not entitled, under the priority of licensed Application 20104, to any natural inflow collected to storage in Black Butte Reservoir pursuant to the USBR’s senior right under licensed Application 18115 during the months of November through April. Also, Retzloff is not entitled to any subsequent release into Stony Creek for delivery of water validly collected to storage in Black Butte Reservoir. In addition, subsequent to the issuance of the permit for Application 20104, Decision 1100 found that water is not available for the priority of Application 18115 during the months of May through October. This conclusion is consistent with the analysis in section 4.2.2 of this report. Consequently, water is likely available to Retzloff under the direct diversion rights provided in Application 20104 only from February 15 to April 30 and from November 1 to November 15 when Black Butte Reservoir is spilling or the USBR is making flood control or other non-delivery [actually, as with recent operation of East Park this is "post-delivery", having already "delivered" the flow to recreation retention in both reservoirs, the releases make capacity available for the next season's "delivery" to recreational uses] releases into Stony Creek. [p. 8]
    - - - b) Retzlott is entitled, under his 0.31 cfs rignt pursuant to the Angle Decree, to any natural inflow to Black Butte Reservoir during the period April 15 to September 15 which is in excess of that necessary to satisfy the USBR’s and other parties' prior entitlements under the decree (previously determined in this report to be up to 364 cfs). As discussed in Section 4.2.2, the availability of water for Retzloff’s decreed right appears limited, in most years, to the early part of the irrigation season.
    - - The SWRCB does not have jurisdiction over the adjudicated rights under the Angle Decree. Therefore, any complaints Retzloff may have concerning the satisfaction of his entitlement under the Angle Decree should be addressed to the Office of Watermaster for Stony Creek and Tributaries.
    - 5.0 RECOMMENDATION; Based on the above considerations, Division staff recommends that no further action be taken on these complaints.
    - 110896 Figure 1, Drawing 2365A region, with arrows to A-20104, A-18115, A-2212 & showing the 3 principal reservoirs
    Return to Stony Creek Water Wars.

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