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HomeMy WebLinkAboutContracts & Agreements_W-01; [Case l,o. 7705. �J 11 :.:: S t' pLF.I 0 C r' r� 0: ?`:.�=• C C; TL Ty OF S AN BERR:ARDI STATE OF CA,,1 ORi•?IA. Barton Land and 'dater Company, a corpor- ations Craf ton Tla ter Company, a corpora- tion, New Bear Valley Irrigation Cany, a � corporation, W. F. Scheel we Be Scheel J. lye Elliott, Mrs, J. Davis, Be R. Owene, ; Co E. Lelman, Be A. harsh, Wm: Curtis, G. 17, Curtis, Mrs. S. C. Hinckley, 11. L. Frink, A. H. Frink, J. A. Hough, C. C. �.- Crum, 11, T. Wimbetly, H. Burrage, J. F. `. Copenhaver, R. H. Stetson, L. C. Fowler, S. Mansfield, N. -Be Curtis, R. T. Curtis, J. Furney,.*J. ,J. Curtis, Fli. 0. Curtis, • MIrs. P. A.. Gansner, Joseph Wilson# J. L. ; Cole, 11rs. Ps A. Van Leuven, J. C Cole, A. Be Christina Be Doran, A. A. Caldwell, •. Cole, 1:47ary Be Cole, C. Be Plummer, C. Me H. H. Cole, 0. Be Johnson, L. R. Baxter, Van Leuven, A. BSc Crary, Mrs .1Sari a Van Leuven, Mrs, Le M. Frink, H. H. Whaley, H. L. Drew, and-C. We Fairbanks, J. H. Kelley, Mrs. . E. F. Van Leuven, Byron Van Leuven, Henry _ Van Leuven and Gertrude S. Bo -viers Plaintiffs, •: •- �— y g • Iars . Louisa Chamberlain and John D.. -. . Chamberlain her husband, John Doe, Richard Roe and Jane Doe, Defendants. Plaintiffs for' cause of action against the said 'defendants - complain and allege. I • ..: That the plaintiffs, the Barton Land and Water Company, the Crafton Water Company, and the New Bear Valley Irrigation .� Company, are each respectively corporations organized and exist- ' � .. ing under and by virtue of the laws of the state of California I I . --�, That the true names of the defendants herein, John Doe, _ Richard Roe and Jane Doe, are unknown to plaintiffs, and for that reason they are designated in this complaint by such fictitious names, and plaintiffs will, upon ascertaining the true names of said defendants, ask leave of court to insert herein such true rakes of said iendants in the place an�tead of said ficititous ,- ..- e s III. That for more than forty years last past the plaintiffs, _ their grantors and predecessors in interest have been the oviners of and entitled to the use,. and except when interrupted in such use by the defendants as hereinafter alleged, they have at all the times herein mentioned used and do now use for the purpose of irriga. _ tion and domestic uses, all of the flow of that certain stream of water situate in the county of San Bernardino, State of Califor, -ni-a,-and known as Mill Creek, and flowing in the zanja hereinafter ;mentioned. The said flow of said stream bf water so known as Mill Creek, as aforesaid, to the extent of 3000 inches of water, i measured under a 4-inch pressure, has been at all the times here. in mentioned diverted and used by means of that certain acqueduct and irrigating canal ' and ditch known as the Mill Creek Zanja situate in said county; that said Zanja is about 12 miles in length from the point of the intake of the waters of said I`ill Creek, to the end of said Zanja, and that the use of said waters of said stream has been at all times and now is from said Zanja., That said Z4a and all of the waters flowing therein are now and at all the . times herein mentioned have been owned by these pla- tiffs and their predecessors in interest, and that neither sai�z defendants, or any of them, have any right, title or interest whatsoever in or to said Zanja, or - in or to the waters, or any _ part- thereof, flowing therein. IV. That the use of said water by plaintiffs and their grantors and predece%sors in interest, during all of the times hereinbefore stated, has been open, nototious and continuous, except as ini terrupted by defendants, as hereinafter alleged, and under a claim • r T ' ` Creek. eo flowing to use all of the waters of said .. 1 0_ right and exclusive in said Zanja, and adverse to all persona ��tza ;,ez•e= , . of the rights of all other persona whatsoever. . v. '~ • defendants, and each of them:, , claim to ozrn That the said estate, in and to the waters of said 2iill ' some right, interest or • Aill Creek Zanja aforesaid, or in and to Creek so flowing in said but plaintiffs herein allege that some part or portion thereof, are in- s of said defendants , and each of them, all of such claim . ' right whatsoever; and plaintiffs further valid and without any allege that at divers times prior to the commenee;nent of this - and June, 1899, action, particularly articularly during the months of 1--lay right B o to do , have diverted and and July, 1899p and withoutany rting water from said Mill Creek Zanja and depriving are now dive • t s so diverted 0— N �i plaintiffs herein from the use thereof, Bald vC% er • - Pl t nd parcel �.. w being diverted by* said* defendants being par a_ and no flowing in said Zanja, and owned and used .-- of the said waters so •- herein, as hereinbef ore alleged; that said diversion by plaintiffs7. said Zanja by said defendants have caused, L of said waters from . t and irreparable injury to these plairi~�.�. -�ayses and will cause gTea 4.., llege that said defendants, and each of tiffs: and plaintiffs a continue to divert said waters from said Zanjap them, threaten to con - tiffs herein of the use thereof, and un- and to deprive the plain oined by an order of this court from so less restrained and enj doing, said defendants will so continue to divert said eater$ loan and damage and irreparable injury oi`• from said Zanja to the - •said plaintiffs- plaintiffs ask judgment that they are the owners ti�R7�,pORE , pl . all of " r irrigation and domestic purposes, 4.of the right to uses f° � Zanja, and the water a of ?gill Creek flowing in said Hill Creek J that all of t� claims of the defendants�,,or any of them, in and A. t;,e said eaters so flowing in said Zanja, are ;;i' iout rig"M# :7'na tsoever and are invalid and void, and that said c3ef endants, and each of them, be enjoined and restrained by the order of this court from in any manner interfering with the said property of plaintiffs, or from diverting any part or portion of the said �- waters of Iiill Creek so diverted and flowing in said.Zanja, as aforesaid, and *that plaintiffs have ."such other and further and _ general relief as may be -proper in the premises, together with their costs of this action. ' • OTIS & GREGG, Duly verified. - Attorneys for plaintiffs. Upon reading the duly verified complaint in the cause above entitled and it appearing therefrom that it is a proper case:•for an injunction and that sufficient grounds exist there, for, it is ordered that an injunction issue as prayed for in . plaintirfs t said complaint, upon plaintiffs giving a good and sufficient bond, with two .*or more sureties, to be approved by this Court, in the sum of on& -thousand dollars. _ Dated this 3rd day of July, 1899,, FRAIM F. OSTER, Judge. ENDORSED: Complaint. Filed Jul 3, 1899 � at 30 min. past 11 A*K% - I,. A. Pfeiffer,•' Clerk, By J. P. Hight, Jr., -Deputy Clerk.. [Title Court and Cause No. 7705. ] ANSWER. Now comes the defendant John D. Chamberlain, and for him. self alone disclaims any right, title or interest in any of the .. viater described in plaintiff's complaint on file herein and like. wise disclaims any right, title or interest, in or to that certain aqueducts. irrigating canal, or ditch, ' designated in said complaint as the hill Creek_ Zanja. Now ctvw�s the defendant I:rs. Lou4wh Chamberlain, and for herself alone, a: s,.ers unto plain tiff is complaint on file herein as follows, towit: I. Denies that for more than forty years last past, or for any other time, or at all, the plaintiffs, or their grantors, or their predecessors in interest or any of them, have -been the owners of, or entitled to the use of, or that they, or any of, them, have at all or at any of the times, mentioned in said com- plaint used or now use all of the flow of that certain stream of water situated in the county - of San Bernardino, state of California and known and designated in said complaint as Mill Creel:, flowing in the Zanja in said complaint designated as the Mill Creek Zanja, ::: except the water of said ?dill Creek flowing in said Zanja over and above and in excess of a perpetual flow of thirty inches of. water, measured under a four •inch pressure, diverted from sa i d Zanja at a point thereon about three hundred feet easterly of and..,-...... above the -point thereon where the Alessandro -pipe line orosses r said Zanja'j` which said thirty inches .of water, measured as afore~.' said, defendant alleges belongs to her, and that it is wholly _ �..__ Wned by .her as her sole and separate -property, and that she and,,-. her grantors and predecessors in interest have owned and exclu_ ively used the same -and the whole: thereof for irrigation and do- .7 3 iestic purposes for more than twenty _.years last past, as herein- after more specifically set out and all-e-ged. And this defenda.nt._ Al ..further denies that said .zan j a is nows or at any time subsequent ;-' to the year 1869 has been, . wholly •owned by the plaintiffs, their grantors or predecessore. in interest, or any of them, or that all the water flowing therein, is now owned by the plaintiffs, or any.: - of them.o3t&bat all such water at any time subsequent to the year 1869 has been ovmed by the plaintiffs•, or their predecessors in interest, or of there, or that this d ondant has no rigI t, title or interest w'ra.tsoever in or to said zanja or in or to the rya ter or any part thereof flowing in said zanja. • II. . This defendant further denies that any use of the - waters of said Hill Creek, flowing as aforesaid in said Zanja, or any past thereof, except the flow thereof over and above and in excess of the thirty inches of. water measured as aforesaid, and owned by this defendant as hereinbefore alleged, upon the part of or by the plaintiffs, their grantors or predecessors in interest, or upon the part of or by any of them, has been open, mo tori ous or ' c ontinuoue , or under.a claim of right to use all the waters of Y s-&11�1"ldill Creek, so flowing in said Zanja, or adverse to this defendant, or exclusive of the rights of this defendant, except r' ti as folloti7s: this defendant alleges that during the latter part of the irrigating season of 1898, and during the irrigating sea. son of the year 18998 saving and excepting therefrom a slight use'`. _ .n. ai..de by this :defendant -of about twenty inches of water thereof measured under a four inch pressure, during a consecutive period of about ten days in the month of July, 1899, plaintiffs, without• any right so to do prevented this•,defendant from diverting from said zanja any of the waters thereof or from using any of -said water, and continued to and did use all the flour of said stream t so flowing in said zanja as aforesaid. • III. This def endant admits that she claims to own some right, interest, or estate in or to the waters of said Mill Creek, so flowing in said Zanja, and in or' to some part or portion thereof,_ but denies that such claim is invalid, or without any right'w'na t soever, or without any right at all; and this defendant. further , denieg w�ithout,�,ny rig so to do, that divers times, or at t any time, prior to the cor.rnnencement of this action, or at any i other time, or varti cularly during either. of the months of �:ay, ' . • June or July, 1899, she diverted any of the water ff'om said 1 Zanja or any water being a part or parcel of the wiater flowing - in said zanja, owned or used by the plaintiffs, or that such ' diversion of said water from said Zanja has caused, or now _ • causes, or will cause, great or irreparable injury, -or any other - . injury to plaintiffs herein, or to any of them. ' And this defend. - ant further denies that except the said thirty inches of Water measured as aforesaid, and belonging to and owned by this defend. ant as aforesaid, she threatens to or will continue to divert any -of the waters from said zanja, or threatens to or will deprive the - plaintiffs, or any of - them, of the use thereof, or _ of any part thereof, or, unless restrained or. enjoined by an - =� order of this court from so doing, that this defendant will - continuc�to divert any of said waters from said zanja, either to the loss or caamage or irreparable or other injury of plaintiff, - =� or at* all. IV* .� Further answering said complaint, this defendant, Mrs41 .� .• •. 5 Louisa Chamberlain, alleges. That she is the. owner, as her sole_; - and separate property, and that this defendant and her grantors = and predecessors in interest have been the owners, of all . tha t .r-- certain tract or piece of land lying and being situate in the;--. county of San Bernardino, state of California, -described as-' fol-- -- . • - lows, to -wit: The south half of the northeast quarter, and the south half of the northwest quarter, of section 228 township 1 south, range 2 west,. ,San Bernardino Base and I.'eridian, contain_ ing one hundred and sixty acres of .land; that all of said lands. �,_ are arid, and t� about sixty acres thereon are irrigable, +rigab" e portion without irriga tion rill produce no va].u��•'�e .� � s and would be of no appreciable value, but tiTi th irri,a :.ion, z crop , � such irrigable portion will be and is of great value, and Till ' and profitable crops of citrus And deciduoui� fruits, produce large rain, cereals, grasses, and various other kinds of remui-Par rive crops. V. And this defendant further alleges that the intake of the _ • ='•; • r - -�� y zanJ'a hereinbefore referred to and known as Ziill Creek Zane, is - d-t a - point'about one fourth mile above and northeasterly of the - - - p • . said d point where the said Alessandro pipe line crosses_ said Zanja, and near the northwest corner of the southeast quarter of the a _ - no quarter of said Section 22,and extends thence in a - general . southwesterly course for a distance of about twelve miles to the locality or settlement in said county of San Bernardino, ]mown as old San -Bernardino; and that said Zanja, in its course aforesaid, asses over anacss the northerly portion of a of �- o , P d ro fr r . P art of this defendant's said land, to -wit: the south half of the northwest quarter of said Section 22e VI. • , + ram. -r-. • And this defendant further alleges that in the year 1869, her granto rs and predecessors in interest, through and by means of a di tch f extending from said Zanja, to and upon this de�'endant's said land, by them then and there constructed, di- verted and conveyed from the water of said I,iill Creek so flowig_ in said Zanja as aforesaid to defendant's said land, five -iriches"` •.,r , of water measured under a four in pressure, and thereupon, and-'ry continuously, benefici 11 y used the same for dor..es tic and irri- gation purposes on defendants s said land, until the Sumer of. I rs predecessors ofendant's said granto en e75• i I f �d incre3sec- the ca.psci Loy of said d.i i»terest, enlarged a.. • C v�e F,�i.oun t o1 Yti� ter tiSEd L• c== - tiereupon iricreasea and ei�� ergE x ' of endant s said lan d for the purposes aforesaid, by then and • -j and b means of said. ditch so enl arc;eci as there, and through y • d conveying from the flow of said ;i 11 _ aforesaid, diverting an S as RA. SaAb in said I=il1 Creels Zinnia, to and7 Creek, so flowing inches of water, measureC, ander UP defendant's said land thirty - pressure; and from that time continuously, to t1;z -•:~� a four inch p resent time • , except wizen interrupted by plaintiffs lvithout'" V pP - . ated this defendant and her gran tors and right, as heroinbef ore s t , in interest, through and by means of said di Loch, predecessors ., season of each and every year, said irrigat during the irrigatingF• - " extending from ab out the 15th of March to about the - - ing season ' • of each year, diverted and conveyed the Said ' last of November• • of water, measured. as aforesaid, and from the flow - thirty inches . in said Mill Creek Zanja, Loo and off. said I�iill Creek, so flowing upon the defendant's said land, and there beneficially used the e thereof, for the irrigation of the said same, and the wool , d lands; and for domestic purposes there- �.•.: irrigable portion of sai - on. And at all times and continuously from the said Su n- er of 1875, down to the present time, during the non-irr-tating seasons • from the last of November to the middle of March next t to wit. f .. . • ' 1 each and every year, except when interrupted by • following) of _ - before alleged, plainthis defendant and her said -: tiffs as herein-�. grantors and predecessors cessors in interest, have through and by scans . diverted and conveyed of said ditch, so enlarged as aforesaid, f said Mill Creek, so flowing as aforesaid .in said from t1he flow o . • three inches of. water, measured under a foir Mill Creek Zanja, t and there t• eseure, to and upon defendant's said land, 1 inch press S i 1` I ,r d the same and tre wl,ole`�ereof for various ae-ne icioll u do es tic purposes thereon. vile That all tIle water so diver tea by this defendant and her • and predecessors in interest, end so used by them svid grantors pr . fendant's said land for irrigation and do. and her, upon the de mestic purposes as aforesaid, was. entirely conveyed from. the _ natural flow of said Mill Creek, while flowing in the natural said Mill Creek, through channel of s huh and by means of said Mill�,. Creek Za.nj d down to the point of the intake of the said Glitch, three hundred feet easterly from the pont where " ' about t � - to wit �. ' and dear the north-� ' the Alessandro Pipe line crosses said Zanja, r quarter of the northwest quarter of east corner of the southwest q ..-- said s6etion 228 through and by means of which said ditch this defendant, her grantors, and predecessors in interest have di-��,� and conveyed water from zanja as hereinbefore verted y all.egede VIII. ' That the use of said water of I1jill Creel:, so flowing in .said .i ]. y. l Creek Zanja, by this defendant and her grantors and •.: predecessors in interest, as Pl- aforesaid, and the said use of Pill- Creek Zanja by this defendant, her grantors and predecessors in -interest in conveying from said Idill Creek down to the intake of ' y her � said ditch, the said water -so used b this defendant, and predecessors in interest as aforesaid, hove, and grantors p each of such uses 'has been, at all times, open, notorious, quiet, peaceable, exclusive, under a claim of right, and as of q � _ adverse to all the world, and continuous, except z:nen right, and - - such us es have been- interrupted and interfered with by the f tiffs in the year.1898 and the year 1899 as hereinbef ore ' plaintiffs, all egede - . lied this defendant alleges that she is tine o1,ner of rip III to perpetually divert the flow of said hill Creed:, ilo ing in said hill. Creek Zanja as aforesaid, at the intake of her -- said ditch, during the irrigating season of each and evcry year, thirty inches of water, measured under' -a four inch pres- sure, and to apply the sand* to all useful and beneficial purposes; And that she is also the owner of the right to- perpe tua7-ly divert - fror: the floe of said hill Creek, flowing in said YU11 'Creek Zanjq--- as aforesaido and at the intake of said ditch, during, the non, irrigating seasons of each and every year, three inches of watersf- measured under a fourrinch pressure, and to -apply the same to all useful and beneficial purposes; which ownership- :and; righ 'P: so to divert water from the flout of sa i d,Mill Creek, as'-sf oreaa id,IL and to use the same as aforesaid by this defendant, this defend.. ant alleges to be a superior right and ownership ."in and. to all • ��"'� -~= the waters of 'said hill Creek, flowing in said Zanja:j, as afore said, to any right, title, .or ownership o:C the plaintiffs, in or ~--to any of the waters of said Mill Creek = � And this Aef endant further alleges that* she is.. owner, of the right to perpetually use the said Mill Creek-Zanja:, frozen the point of its intake on said stream of IIill: Creek- .,down'" to - the - point of the intake of the ditch hereinbefore. specified,Mfor" the purpose of conveying from said Mill Creel: to the 'intake,^.of -_said ditch, the full amount of water so owned.by her as. --aforesaid. j,jEsRFFORE, the defendants John 3). Chamberlain" arid. 7-.- s. ' Louisa Chamberlain, pray j 'gment as follor;s:. •. . u� • The said John D. Chamberlain prays judgment`_Lha't action as against him, be dismissed without -co . stslw' The defendant lure 'Louisa Chamberlain Trays �ju6preent as f oil ors First: �.at plaintiff s- take noth3.,� against her by Chic ' • J actior. Second: That she be adjudged to be the oti�ner of t:,e .;. ti superior right to divert from the flow of said Zlill Creel:, flotr� ing •in said Hill Creek Zanja as alleged in the foregoing -ans-:ter; --•'- R ;�t- the intake of said ditch, the water -alleged -le 'the forego* ir*g answer to he owned -by her, and . to perpetually use -tlle •sa::-e f or +11 useful and beneficial purposes; and the owner of the rir=nt ..to- _= • the use of said ldill • C-r-ee)r-a�nja,---for. th_e ..purpose -of conveying; ~ �` • ' 'i� 'said water from;, the intake of saia"` z-arj.a - to• 'the 'intake of said ditch, • - ,;r�- �- Third. _ That she have -s.YYd recover of and -from-the plain. arl :� Ufs her costs and disbursements -necessarily incurred he+eii., -2nd for such other and further rel.i of , a.s -may be proper in the premises and to equi belongs. '' f .- :f, JA10S HUTCHUITIGS - • . . •• -�, ram' -- --- _ - i' _ .. - • �r7t � fir—• � `.� � .Z— —� � , � ' • �-•' :�. At torney for defentin :ts John D. =- Chamberlain and J�rs.rLouisa -- - �.- f= Not verified. �•, ' F� Cham_be'rlain. ENMORSED: AnBwer of Jobh D•, Chamberlain and Louisa* Churaberla n,._ '- Filed Sep. 18:1 .99 at 20 mint', past $ .A. -i .-L •' -` �� `• .�: , .: _=• �...• •:�: • feiffer- Cle [Title Court and Cause No. 770 ]` Ss^IPLILAs'IO;. _ c=;s The court having announced its oral decision in fa�,'or.. of the•plaintiffe herein and against the defendants, it is berel,y . -• , stipulated between• the parties hereto,,. that findings and decisi'oi1:;: t� in writing are hereby waived; - and it is further stipulated the - no costs of •action sha.11�r be avearded to- either party. - OTIS & GREGG, Atty, for plainti:. f. • <� : _ . JAL' S HUTCHIhGS , At;t�f.. -ror' .e�. e:d� ENDORSED: Filed Aug. 4 1900 a t 10 min, past -? P::: t ; i�;t �3 Eyffer Clerk by A. D. Sibley, Deputy. Clerk. •r [Title Court a� Cause, No. 7705/1 C "'''. • - In this action, e. trial having been heretoa ore had u:por. the issues raised by the pleadings herein, and the court 'having r,.Y.• announced its oral decision in favor of the plaintiffs, 'and against: - (tbe def endants , and findings and .decision in writing -having been :u.7_waived by the respective parties•. ereto;='mnd the said action ; • '. 'shaving been dismissed as' -to " the defendants_. Richard Roe, John Doe J and `Jane Doe; dI y NOW THEREFOR, i• :Tsr::beroyfo�de.*ed,,r-adjudged and decreed '�`•, - the. plaintiffs. are owners of ands en Utled to. t11e use :. ..the of, for irr►i ga ti on and-d6mes tic purpos3 es , all of the raters of "��•`-' :bill •C•reek,�and�the flow•.thezeo�_fn7ZNe county of San Bernardino, state of' California, to tthe extent" of Z. three -:•thousand incl-)es of ,•rater-, flog, measur; under -four inch' pressure, Which -continuous �'- said vraterms are- dive d from the said Drill'Tree , into that '• -� . _ aqueduct and iYri"gating canal•-6r' ditch, knosm..as the 1-Jill Creek zan j a a t said -c oulty It is further sDrder-ed,--adj-i;C ged;a.nd.ecreen that said. defendants and each of 'them be, and they are -hereby perpetually --.. w enjoined and commanded, d sist from in any manner interfering • - - •with�the-_said proper'�y of pl�aintiffs3; .`or7"from-'diverting any part_ or portion of the said waters o� Mill--.:C# ,so_ diverted and ' flowiszg iri said zanja as aforesaid. ---' Dated this third day of Augs 1900. A -1 '�- FRAr:K F. OSTER, Judge. Eiv.DORSED: Filed Aug. 4, 19Q0, at 10 min. pas t 1 P.M. , L. A.' . •-_ Pfeiffer, CleA, by H." D: Sibley, Deputy Clerk. - -- :.._,ram DOCKETED- August 8th,1900 Entered August 8th, 190o - , • Book 16, page 182 By J. -P. Hight, Jr..., 'De.puty_�-Clerk. r Title Court and Cause I?o. 770K. ] DEPOSI TIO'.: Or H.J.RGB"::�TS.. BE IT 1 �j:BERED: That pursuant to the notice of def el;na ,ts to the plaintiffs in the above entitled action, and of the order above named court, hereto attached, and of the laws of ,_...,, o f the a . of Californa, and- on the 27th day of January, 1900 at � said statei- • . . the hour: of 7 0 clock A.U. thereof, at r"y office in the town* of county. ofnRiverside, state of California, :.be'fore me, Beaumont, - . V7 a ;,i� yja tson, a Justice of the Peace in and for the 'townsY�ip of .. county of -Riverside, state of California., personally TPaumont, o Y - . d H. J. ROBERTS, witness, produced on behalf of the defend- ppeare . _l t e in ti4e above entitled action, now pending in said Superior .::ourt, who, being by me first duly 'sworn, was then and -.examined e r e ted b James Hutchings, EsQ: ; attorney -for- the de - and int r og Y dants in said action, no attorney or other person appearing to fen _ .. e or examine said witness upon. the -part or 'in the be- . interrogat - half of the. plaintiffs, and t9stifie.d as follows: Qu e y . stion -'b MrHutchings : .-State your name, age, residence and . . occupation? Answer. - Horace J. -Roberts, - 44 years, reside in Beawnont, River- side county, and am a farmer. Q uestion: During what period of time, if any, did you reside at Old San Bernardino in Sari Bernardino county? - I was there from about -June 1877 to about June 1879. . Answer: Question: With whom -did you reside? _ Answer:* With my uncles. W, D. Roberts.. • Question: Is W. D. Roberts dead. - .� Answer: Yes, be died in the year 1881, about June first.. Question: Did you know, and. if so, who were the settlers : or ranchers residing at Old San Bernardino who used stater for irri gation at Old San Bernardino frorr.! the ?Sill Creek Zanja. l Barton,. Cwc tis, Ca Pishon, the widor, A:.s,:�.r. Yes: � �d i i'o11.y rri k, Joe v.'ilsorj; 17. D. Roberts, Jas. A. Cole, LeNvis Van .! Leuven, Jas , W . Waters and Anson Van Leu-v*en. • _ Question: Did these parties own or claim to own the right to use tisa ter flowing in the Mill Creek Zanj a? Answer: Yea, so far as I know.- question: At the time you resided with your uncle did you -know Q William C. Reed, now dead? Answer: I knew of him, I knew him -when I saw him, but I was not familiarly acquainted with him. ' Question: Where did Mr Reed reside during that time? - - 'as the Reed place near the -head of the Anew er : 9n what was knoQra _ . zanjse Question: At the time you res i ded with your uncle did you knor. of any natters of dispute or differences between -Reed a.nd the said ` Neater users at Old San Bernardino, respecting the use or the right to the use of water by Reed on the Reed place of any of the water of Mill Creek flowing in said zanja? Answer:. YeS • . that - Question: What, if anything .did .you hear your uncle say at that - Q time respecting such matters of dispute. Answer: uncle said, as near as I can remember, that -the waterM,Y users of Old San Bernardino complained that Reed was not doing as he had agreed to do; that Reed was taking more water than be had agreed to take ; and that the -Old San Bernardino water users had determined to shut the riater off from Reed unless he complied with his agreement. Question: Did you ever hear �`�hn, *Curtis complain of Reed's using Q too much water or' that he had violated the agreement, at the time you were at your uncle's? • Anser: I can'say positively. • sue: tion Durng the life -ire of your uncle, did you seer.,uciz Of his 1.ri ting? Answer: Between the years 1876 and 1880 I probably received from l him 24 letters written by him. Question: Then you -were familiar with his handwriting? Answer: Yes, at that time. Question: I now show you a written paper or notice,' marked Exhibit • Z bearing date Oct. 28 18?9, and purporting to be a notice to Reed respecting the waters of said zanja, and signed by Anson Van Leuven Ben Barton, Jas, W. Waters and W. D. Roberts, and ask you whet' ier or not, according to your best judgment and recollection, the signatute W. D. Roberts signed to said notice, is the genuine and true signature of your uncle, W. D. Roberts. Answer: ' I think it is his s i gmature -but wouldn't swear positively. =� H. • J , ROBEERTS-, -Subscribed and sworn to before me this 27th day of January, 1900, IMM, Watson, Justice of Peace ,in and for the township of _ ' Beaumont, county of Riverside,, state of - California. ' • EXHIBIT Z, - . • Old -San Bernardino, Oct. 2, 18?9, To C. Reed, Esq. By a special contract entered into on the 7th day. of Feb. - = 1874, you was allowed to use the same amount of water from dill . Creek Ditch that you had been using for the last four years for the consideration of your services on. said ditch. The undersigned wino sign this notice find by a careful in. spection that you have extended your fields and are using rjore water at this date than then, or at the time you signed said con. v s tract and that you have violated said contract in the full extreme of la��. BE1T BARiOI: j JAS. V. 'TA yRS t Van Leuven. We D. ROBERTS Anson ..�� STAiE OF CALIFORITIA, ' County of Riverside. son Justice of the Peace in, end for the town- �7at, ship of Beaumont county of Riverside, state of California, do ,, if that the witness in the foregoing deposition. named ' hireby cert y ` was by .me duly sworn according to law; that said H. J. Roberts, ••� deposition wa s immediately thereupon taken before me at .�-my office • . f Beaumont, county off Riverside, state of California, in the town o on the 27th day of January, 1g00Ack A.I�[. and ending at the hour of o�:�encing at the hour of 7 0 1 . nine o + clock A.M. of said day; that said deposition was at the said time and place, of the taking thereof, in the presence of r� sal'tiY- f the said witness, and at my_ request, reduce.6 to v►*rit- self and o . ing by the said James Hutchings, and when cor-pleted, was by me read over to the said witness, and being by hiTri corrected carefully r • . • thereupon by him subscribed in my presence; And I' Was ir-Mnediately t p furthe r certify that the 'exhibit Z attached to the said deposition shown to said witness is the same and identical exhibit or paper and referred to in the last question. in the foregoing deposition set out._, In 1Yi t ness Thereof I have hereunto set my hand this 27th T ATSOIti► • day of Januarys • 1900. Justice of the Peace in and for the %,ownship of Beaumont, county of River- . side, state of California. Notice, Affidavit of James Hutchings, and Order shortening . g time of taken deposition, all attached to deposition. The f ilin$ mark on the envelope in which the deposition v.3 s m1a i l e d to the clerk of the Superior Court, was: Filed Jan. 19000 h. A. Pfeiffer, Clerk. [Case i;o. 7705- _ PLAIiTJ'Ir_ F' S EY21PI T A. State of Cal. Co. of San Bernardino, Old San Bernardino Feb. 9th 1874. At a water meeting held at Old San Bernardino Feb. 7th - c ` 1874 by the water owners of mill Creek Ditch the undersigned committee was appointed to draw up an article of ag�eement between. hn. C. Reed and the water owners of said ditch. - 1 ly: that you hereby aggree. that you will not use anymore water from Hill Creek ditch than you have •been useing for the last - four years.* 26 That we will allow you . to continue to use the water as afforesaid while you own and occupy the land -for your continued servisis on said ditch. Signed Vhn. C. Reed. Committee: _ J. •A. Cole Vvb, Curtis Levis Van .Leuven. 1 r ENDORSED: Feb. 9, 1874. ..Aggreement between 17m. C. Reed and Mill. Creek water owners. RECORDED at Request of Louis Van Leuven Feb. 202 1888 at 30 min. past 11 A.M., in Book K Agreements, page 143 Records San=Bernardino County, Legare Allen, County Rec order, by IA J : Bolton,- Jr. , Deputy Recorder, - , j2EvDITDAA'TS'• KUTUBIT 1. } • , San Bernardino 'Cal June 8 94. , Ur Eli Curtis myself J. •w. Doran and C. H. Hunt vent up as a comitty to consult Nr V7m, C. Reed in regards to useing va ter from Mill Creek Ditch -under the old contract and I'r Wm. C. Reed said in our presents that he was willing to -continue the sarie as f V since the contract �;as si�led by b4''r ram. �r he always r,ad Reed settled on his ranch in the year of 1871 so he told us. i". L. FRI X E . C . CURTIS • C. F--. HUNT 17, DORAN coLvrlittymen ` this is • to' be kept for future refference. [Endorsed on the back is the following:] St -Clair told Doran J. ��. 3.T. L. T{ri E. Co %% • Curtis -that he made no claim to the water that he filed on as being saved by conveying it through their pipe. Junia 8th 1894. This is to be kept for future refference in case of suit or trouble between old town pe•opleand Ift. C. Reed. LM STATE Or CALIFORAI I SS. C0� :: Y Or S Atr BERNARDI IM I, Harry L. Allison, County Clerk. and ex-officio Clerk of the Superior Court of said County, do hereby cer- tify that the foregoing document consisting of paves 50 to 20 inclusive, hereto attached, constitute true and correct 7, • p o ies (omitting repetition'•of titles and verifications) of _ _ c . s on file in my office, -_� document the same being designated by _ the f iling 'number and caption of the several. actions, and full compared said copies with the origin�lsl have that I Y WITNESS WHEREOF, I have hereunto set ray hand and IN ed m official seal- this 5th day of November, 1923. •_ affix y .: HARRY L. ALLI SON, County Clerk, gy Deputy. _ .3* • '- . -• 'mot,• - , _ ) STATE OF CALIFORNIA,130 • COUNTY OF SAN BERIIARDINO. _ ... SAR.A B. SHOWALTER being duly sworn deposes and says: That I have examined the index of the District'.Court in actions. . and proceedings appearing of record and on file in the office of the county clerk -and ex-officio clerk of the Old District Court and the present* Superior Court of the , county of San Ber. '.•: nardino, relative to Mill Creek water, and that in the various; - actions so appearing I have made the copies hereto .attached relative to such actions and proceedings, and that the said copies are full, true and correct of all such documents 'q'nich are hereto attached except such mere formal papers as in accord.. _ anc a with. the instructions -of Byron Waters I have omitted. Subscribed and sworn to before me _ this day of vem r, 1923. - Not y Public in and*for the county of S ernardino, state of California. I .