HAWK CREEK ADJUDICATION 1932 REPORT OF REFEREE

HAWK CREEK ADJUDICATIONHAWK CREEK ADJUDICATION1932 REPORT OF REFEREE1932 REPORT OF REFEREE

PRESENTED BY:PRESENTED BY:

Gene St.Godard. P.G., L.HG.Gene St.Godard. P.G., L.HG.Water & Natural Resources Group, Water & Natural Resources Group,

Inc.Inc.

Spokane, WashingtonSpokane, Washington509-953-9395509-953-9395

DATA SOURCESDATA SOURCES• Report of Referee, dated January 30Report of Referee, dated January 30thth, 1932, 1932

• In the Matter of: State of Washington (plaintiff) vs. W.M. In the Matter of: State of Washington (plaintiff) vs. W.M. Messinger and Grace F. Messinger (defendants)Messinger and Grace F. Messinger (defendants)

• In the Superior Court of the State of Washington in and In the Superior Court of the State of Washington in and for the County of Lincolnfor the County of Lincoln

• Case No. 9972Case No. 9972– Filed in Office of the State Supervisor of Hydraulics on Filed in Office of the State Supervisor of Hydraulics on

March 28March 28thth, 1930 by petition of the China Ditch Company , 1930 by petition of the China Ditch Company and others in the vicinity of Peach, Lincoln Countyand others in the vicinity of Peach, Lincoln County

– On December 4On December 4thth, 1930, the Court made an order directing , 1930, the Court made an order directing summons to be issuedsummons to be issued

– Order of Referee was made to the Court on March 9Order of Referee was made to the Court on March 9thth, 1931 , 1931 referring the proceeding to the State Supervisor of referring the proceeding to the State Supervisor of Hydraulics and his deputy to take testimony as referee.Hydraulics and his deputy to take testimony as referee.

INVESTIGATIONINVESTIGATION• Surveys to gather data for the adjudication Surveys to gather data for the adjudication

on Hawk Creek was conducted in the on Hawk Creek was conducted in the summer of 1930.summer of 1930.– Irrigated lands were examined, surveyed and Irrigated lands were examined, surveyed and

mapped and there areas determined.mapped and there areas determined.– Ditches were located and mapped.Ditches were located and mapped.

• Findings of Stream:Findings of Stream:– Hawk Creek is a small stream which rises in Hawk Creek is a small stream which rises in

Davenport and flows generally northwesterly, Davenport and flows generally northwesterly, enters the Columbia River at the town of Peachenters the Columbia River at the town of Peach

– There are many long breaks in its flow, though There are many long breaks in its flow, though the last 8 miles is rather constantthe last 8 miles is rather constant

INVESTIGATION INVESTIGATION (continued)(continued)• The only diversions are made on the lower section The only diversions are made on the lower section

of the creek, and during the greater part of the of the creek, and during the greater part of the irrigation season there is no visible connection irrigation season there is no visible connection between the lower and upper creeks.between the lower and upper creeks.– Only the lower portion of the creek was considered Only the lower portion of the creek was considered

in the determinationin the determination

• The bulk of the land irrigated lies in the last mile of The bulk of the land irrigated lies in the last mile of the valley and on the banks of the Columbia Riverthe valley and on the banks of the Columbia River

• Eleven (11) ditches varying in length from a few Eleven (11) ditches varying in length from a few hundred feet to 3-1/2 miles divert water from the hundred feet to 3-1/2 miles divert water from the creekcreek

• There are 406 acres irrigated and 147 irrigable There are 406 acres irrigated and 147 irrigable acres for which water is claimed (553 acres)acres for which water is claimed (553 acres)– There has been insufficient water in recent years to cover There has been insufficient water in recent years to cover

even the lands under the present ditch systemseven the lands under the present ditch systems

INVESTIGATION INVESTIGATION (continued)(continued)• Area of AdjudicationArea of Adjudication• T27N, R35E:T27N, R35E:

• Sec 14 –S1/2 of SE1/4 and SE1/4 of SE1/4Sec 14 –S1/2 of SE1/4 and SE1/4 of SE1/4

• Sec 22 – NW1/4 of NW1/4; NE1/4 of NW1/4; S1/2 of N1/2; and N1/2 of NE1/4 of SE1/4Sec 22 – NW1/4 of NW1/4; NE1/4 of NW1/4; S1/2 of N1/2; and N1/2 of NE1/4 of SE1/4

• Sec 23 – NW1/4 of NW1/4 of NE1/4; NW1/4; N1/2 of SW1/4; SE1/4 of SW1/4; and SW1/4 of SE1/4Sec 23 – NW1/4 of NW1/4 of NE1/4; NW1/4; N1/2 of SW1/4; SE1/4 of SW1/4; and SW1/4 of SE1/4

• Sec 24 – S1/2 of SW1/4 of SE1/4Sec 24 – S1/2 of SW1/4 of SE1/4

• Sec 25 – N1/2 of N1/2; and S1/2 of NE1/4Sec 25 – N1/2 of N1/2; and S1/2 of NE1/4

• Sec 26 – NE1/2 of NE1/4Sec 26 – NE1/2 of NE1/4

• T27N, R36E:T27N, R36E:

• Sec 20 – SW1/4 of SW1/4Sec 20 – SW1/4 of SW1/4

• Sec 29 – SW1/4 of NW1/4; N1/2 of SW1/4; SE1/4 of SW1/4; and S1/2 of SE1/4Sec 29 – SW1/4 of NW1/4; N1/2 of SW1/4; SE1/4 of SW1/4; and S1/2 of SE1/4

• Sec 30 – N1/2Sec 30 – N1/2

• Sec 32 – W1/2 of NE1/4; and SE1/4Sec 32 – W1/2 of NE1/4; and SE1/4

• Sec 33 – NW1/4 of NW1/4Sec 33 – NW1/4 of NW1/4

• T26N, R36E:T26N, R36E:

• Sec 4 – W1/2 of W1/2Sec 4 – W1/2 of W1/2

• Sec 5 – E1/2 of NE1/4; and NE1/4 of SE1/4Sec 5 – E1/2 of NE1/4; and NE1/4 of SE1/4

• Sec 9 – N1/2 of NW1/4; SE1/4 of NW1/4; and E1/2 of SW1/4Sec 9 – N1/2 of NW1/4; SE1/4 of NW1/4; and E1/2 of SW1/4

• Sec 16 – N1/2 of NW1/4; and SW1/4 of NW1/4Sec 16 – N1/2 of NW1/4; and SW1/4 of NW1/4

• Sec 17 – S1/2 of SW1/4; N1/2 of SE1/4; and SE1/4 of NE1/4Sec 17 – S1/2 of SW1/4; N1/2 of SE1/4; and SE1/4 of NE1/4

• Sec 18 – SE1/4 of SE1/4Sec 18 – SE1/4 of SE1/4

• Sec 19 – NE1/4 of NE1/4Sec 19 – NE1/4 of NE1/4

INVESTIGATION INVESTIGATION (continued)(continued)• Creek MeasurementsCreek Measurements

Date of Date of MeasuremeMeasureme

ntnt

LocationLocation DischargeDischarge

Oct. 7, Oct. 7, 19201920

Above all Above all diversionsdiversions

5.4 cfs5.4 cfs

Oct. 22, Oct. 22, 19241924

At Peach, WAAt Peach, WA 2.1 cfs2.1 cfs

Oct. 22, Oct. 22, 19241924

Above mouth of Above mouth of Indian Creek: Indian Creek: T27N, R36E, T27N, R36E, Section 32Section 32

1.21 cfs1.21 cfs

INVESTIGATION INVESTIGATION (continued)(continued)• SPRINGSSPRINGS

– All springs contributing to flow of the stream are treated in All springs contributing to flow of the stream are treated in this determination as part of Hawk Creek.this determination as part of Hawk Creek.

• IRRIGATION SEASONIRRIGATION SEASON– For this determination begins May 1For this determination begins May 1stst and ends October 1 and ends October 1stst..– These dates are not arbitrary and may be altered to suit These dates are not arbitrary and may be altered to suit

climatic conditions of any particular year.climatic conditions of any particular year.

• DUTY OF WATERDUTY OF WATER– It is the opinion of the referee that a quantity not greater It is the opinion of the referee that a quantity not greater

than one cfs, net, for each fifty (50) acres can be beneficially than one cfs, net, for each fifty (50) acres can be beneficially applied to the lands involved.applied to the lands involved.

– This is equivalent to 14.4 acre inches per month, or six (6) This is equivalent to 14.4 acre inches per month, or six (6) acre feet for the five month irrigation season.acre feet for the five month irrigation season.

• CONVEYANCE LOSSESCONVEYANCE LOSSES– The conveyance losses should not exceed ten percent per The conveyance losses should not exceed ten percent per

mile.mile.– This quantity was added to all rights at the point of diversion.This quantity was added to all rights at the point of diversion.

RESULTS OF HEARINGRESULTS OF HEARING

• State Supervisor of Hydraulics set State Supervisor of Hydraulics set time and place of hearing for time and place of hearing for testimony on March 24testimony on March 24thth, 1931 , 1931

• Hearing was held in Davenport, Hearing was held in Davenport, Washington Washington

• J.F.R. Appleby, Assistant State J.F.R. Appleby, Assistant State Supervisor of Hydraulics was refereeSupervisor of Hydraulics was referee

RESULTS OF HEARING –RESULTS OF HEARING –Nine Classes IdentifiedNine Classes Identified• Class One: 12 Rights (P.D. = 1883)Class One: 12 Rights (P.D. = 1883)

– Note: 8 of the 12 rights are claimants identified under the Note: 8 of the 12 rights are claimants identified under the China Ditch Water right allocation, but have individual acreage China Ditch Water right allocation, but have individual acreage and diversion rights identified.and diversion rights identified.

• Class Two: 2 Rights (P.D. = 1888)Class Two: 2 Rights (P.D. = 1888)• Class Three: One Right (P.D. = 1890)Class Three: One Right (P.D. = 1890)• Class Four: One Right (P.D. = 1896)Class Four: One Right (P.D. = 1896)• Class Five: Two Rights (P.D. = 1898)Class Five: Two Rights (P.D. = 1898)• Class Six: One Right (P.D. = 1902)Class Six: One Right (P.D. = 1902)• Class Seven: Two Rights (P.D. = 1894)Class Seven: Two Rights (P.D. = 1894)

– Note: The Orchard Valley Ditch Co. has a set acreage and Note: The Orchard Valley Ditch Co. has a set acreage and diversion right and also has 22 specific properties identified for diversion right and also has 22 specific properties identified for acreage to be irrigated under that right.acreage to be irrigated under that right.

• Class Eight: One Right (P.D. = 1915)Class Eight: One Right (P.D. = 1915)• Class Nine: Seven Rights (No priority date identified, Class Nine: Seven Rights (No priority date identified,

assumed between 1915 and 1932).assumed between 1915 and 1932).

TOTAL ALLOCATION IS FOR 543.23 ACRES AND 12.73 CFSTOTAL ALLOCATION IS FOR 543.23 ACRES AND 12.73 CFS

CLASS ONECLASS ONE

CLASSPRIORITY

DATENAME

NUMBER OF

ACRES

AMOUNT OF

WATER (cfs)

LOCATION (T-R-SEC)

NOTES

1 1883 Emma Joslin   0.01026-36-05,

27-36-31,32

for stock and domestic use only and shall not be diverted from stream

1 1883 William Livingston   0.010 27-36-30for stock and domestic use only and shall not be diverted from stream

1 1883 Vincent Moore   0.010 27-36-30for stock and domestic use only and shall not be diverted from stream

1 1883 Gratt Slemp   0.01027-35-24,25

for stock and domestic use only and shall not be diverted from stream

1 1883 Amelia Pierce 20.00 0.430 27-35-23 Allocated under China Ditch Rights

1 1883 Amelia Pierce 3.00 0.070 27-35-23 Allocated under China Ditch Rights

1 1883 Will Lynn 2.16 0.047 27-35-23 Allocated under China Ditch Rights

1 1883 Stephen Lynn 10.62 0.230 27-35-23 Allocated under China Ditch Rights

1 1883 Vincent Moore 6.00 0.132 27-35-23 Allocated under China Ditch Rights

1 1883 William Brannan 6.00 0.132 27-35-23 Allocated under China Ditch Rights

1 1883William Messinger

15.00 0.358 27-35-23 Allocated under China Ditch Rights

1 1883 W.H. Jump 11.00 0.275 27-35-22 Allocated under China Ditch Rights

TOTAL CLASS 1 WATER RIGHTS 73.78 1.714    

CLASS TWO THROUGH SIXCLASS TWO THROUGH SIX

CLASSPRIORITY

DATENAME

NUMBER OF

ACRES

AMOUNT OF

WATER (cfs)

LOCATION (T-R-SEC)

NOTES

2 1888 Peter Selde, Jr. 22.00 0.463 26-36-17Due to fact that Hawk Creek sinks below this place, these rights are not subject to Class 1 rights of China Ditch claimants

2 1888 Peter Selde, Jr.   0.020 26-36-17 For stock and domestic use from a spring

TOTAL CLASS 2 WATER RIGHTS 22.00 0.483    

3 1890 Guy Lamb 40.00 0.91426-36-

04,05,09

Due to fact that Hawk Creek sinks near the lower end of property, this right when diverted from Lamb ditch is not subject to Class 1 rights of China Ditch claimants. If diverted north of south line of Sec. 4, then becomes subject to China Ditch rights.

TOTAL CLASS 3 WATER RIGHTS 40.00 0.914    

4 1896 Vincent Moore 30.00 0.632 27-36-30  

TOTAL CLASS 4 WATER RIGHTS 30.00 0.632    

5 1898 Gratt Slemp 17.00 0.37727-35-24,25

5 1898 Victor Lauritzen   0.020 26-36-19Right is for stock and domestic use and is not subject to those of superior class

TOTAL CLASS 5 WATER RIGHTS 17.00 0.397    

6 1902 G.W. Timmons 2.45 0.049 27-35-23  

TOTAL CLASS 6 WATER RIGHTS 2.45 0.049    

CLASSPRIORITY

DATENAME

NUMBER OF

ACRES

AMOUNT WATER

(cfs)

LOCATION (T-R-SEC)

NOTES

7 1894 Creston State Bank 5.00 0.100 27-35-26  

7 1894 Orchard Valley Ditch 206.00 5.316    

    John Lynn 7.00   27-35-23 Allocated under Orchard Valley Ditch Co.

    John / Mary Lynn 6.00   27-35-22 Allocated under Orchard Valley Ditch Co.

    Marcus Brannan 4.00   27-35-23 Allocated under Orchard Valley Ditch Co.

    Laura Nelson 7.83   27-35-23 Allocated under Orchard Valley Ditch Co.

    James Nelson 2.13   27-35-23 Allocated under Orchard Valley Ditch Co.

    W.H. Jump 18.96   27-35-22 Allocated under Orchard Valley Ditch Co.

    W.R. Jump Estate 12.00   27-35-23 Allocated under Orchard Valley Ditch Co.

    Homer / Alice Hill 9.00   27-35-23 Allocated under Orchard Valley Ditch Co.

    W.T. Hill 3.17   27-35-22 Allocated under Orchard Valley Ditch Co.

    Archer Pugh 15.50   27-35-23 Allocated under Orchard Valley Ditch Co.

    Guy Pugh 8.00   27-35-23 Allocated under Orchard Valley Ditch Co.

    John Bell 4.00   27-35-23 Allocated under Orchard Valley Ditch Co.

    F. Boyd Snook 22.00   27-35-22 Allocated under Orchard Valley Ditch Co.

    Thos Slemp 10.00   27-35-22 Allocated under Orchard Valley Ditch Co.

    Minnie Gabbert 10.00   27-35-22 Allocated under Orchard Valley Ditch Co.

    Creston State Bank 6.00   27-35-22 Allocated under Orchard Valley Ditch Co.

    J.B. Widener 8.50   27-35-22 Allocated under Orchard Valley Ditch Co.

    Emma Widener 14.00   27-35-22 Allocated under Orchard Valley Ditch Co.

    Chas Widener 8.00   27-35-22 Allocated under Orchard Valley Ditch Co.

    Emery Bayley 15.38   27-35-22 Allocated under Orchard Valley Ditch Co.

    J.M. Kirby 6.00   27-35-22 Allocated under Orchard Valley Ditch Co.

    Harry / Geo. H. Simons 8.00   27-35-22 Allocated under Orchard Valley Ditch Co.

TOTAL CLASS 7 WATER RIGHTS 211.00 5.416    

CLASS EIGHT & NINECLASS EIGHT & NINE

CLASSPRIORITY DATE

NAMENUMBER

OF ACRES

AMOUNT OF

WATER (cfs)

LOCATION (T-R-SEC)

NOTES

8 1915 Cornelius Dekker 10.00 0.210 27-35-26 This right is not subject to rights on Hawk Creek

TOTAL CLASS 8 WATER RIGHTS 10.00 0.210    

9   Peter Selde, Jr. 28.00 0.589 26-36-17  

9   Guy Lamb 40.00 0.91426-36-

04,05,09

When there is sufficient water in Hawk Creek to fill this Class 9 right, the conditions described in notes under rights of Peter Selde (Class 2) and Guy Lamb (Class 3) will not exist.

9   Emma Joslin 40.00 0.80026-36-05, 27-36-31, 32

9  William Livingston / Elzie Riddle

4.00 0.080 27-36-30The lands under this right are entitled to the unrestricted use of a spring in the NW1/4 of SW1/4 Section 29, T27N, R36E.W.M.

9   Vincent Moore 10.00 0.210 27-36-30  

9   Gratt Slemp 10.00 0.222 27-35-25  

9   Creston State Bank 5.00 0.100 27-35-26  

TOTAL CLASS 9 WATER RIGHTS 137.00 2.915    

TOTAL ADJUDICATED WATER RIGHTS543.2

312.730    

FINDINGS OF FACTFINDINGS OF FACT

• Hawk Creek and its tributaries is a non-Hawk Creek and its tributaries is a non-navigable, natural watercourse tributary to navigable, natural watercourse tributary to the Columbia Riverthe Columbia River

• Water rights were initiated on date of Water rights were initiated on date of appropriationappropriation

• That the number of acres which the owners That the number of acres which the owners are entitled to irrigate, quantity of water to are entitled to irrigate, quantity of water to which owner is entitled, and allowance for which owner is entitled, and allowance for transportation losses, description of lands to transportation losses, description of lands to which water right is appurtenant, and its which water right is appurtenant, and its classification of priority were identified.classification of priority were identified.

HAWK CREEK ADJUDICATION HAWK CREEK ADJUDICATION (UNCOMPLETED) STATUS AS OF JANUARY (UNCOMPLETED) STATUS AS OF JANUARY

19741974• DOE records end at March 30DOE records end at March 30thth, 1932 for the , 1932 for the

hearings held on Report of Refereehearings held on Report of Referee• There is correspondence indicative that the court There is correspondence indicative that the court

reporter was paid for preparing the transcript of reporter was paid for preparing the transcript of testimony of the hearings on exceptions taken to the testimony of the hearings on exceptions taken to the Report of Referee (however, the transcript can not Report of Referee (however, the transcript can not be found)be found)

• Microfilm of Case No. 9972 are in the records of Microfilm of Case No. 9972 are in the records of Lincoln County, M-Vault, Box B-91, Box No. 12 in Lincoln County, M-Vault, Box B-91, Box No. 12 in State Archives.State Archives.

• Nine exceptions to the report of referee were filed Nine exceptions to the report of referee were filed during February and March 1932:during February and March 1932:– However, the lands owned by these 9 exceptors collectively However, the lands owned by these 9 exceptors collectively

lie within that part of the then lower reach of Hawk Creek lie within that part of the then lower reach of Hawk Creek which was subsequently inundated as the Hawk Creek Arm which was subsequently inundated as the Hawk Creek Arm of Franklin D. Roosevelt Lake and U.S. owned abutting landsof Franklin D. Roosevelt Lake and U.S. owned abutting lands

• Recommended that DOE undertake appropriate Recommended that DOE undertake appropriate action for dismissal of Cause No. 9972action for dismissal of Cause No. 9972