In Re: Equity 30 v.

Filing 384

ORDER AMENDING ANGLE DECREE RE: PLACE OF USE OF WATER RIGHTS signed by District Judge Troy L. Nunley on 8/5/22. (Kaminski, H)

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PHILLIP A. TALBERT
United States Attorney
EDWARD OLSEN
Assistant United States Attorney
TODD KIM
Assistant Attorney General
Environment and Natural Resources Division

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JUDITH E. COLEMAN (Cal. Bar No. 250123)
Senior Attorney
United States Department of Justice
Environment and Natural Resources Division
Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044-7611
Telephone: [phone]
Email: [e-mail]

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Attorneys for Plaintiff United States of America

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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CASE NO. 2:80-CV-00583-TLN
[In Equity No. 30]

THE UNITED STATES OF AMERICA,
Plaintiff,

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v.

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H.C. ANGLE, et al.,

ORDER AMENDING ANGLE DECREE
RE: PLACE OF USE OF WATER
RIGHTS
Defendants.

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This matter is before the Court on the Notice of Proposed Order to Amend Angle Decree

22 filed by the plaintiff, United States of America, on August 5, 2022, which proposed amendments to
23 the place of use of certain decreed water rights in the Final Decree entered in the above-captioned
24 case by the Hon. Frank H. Kerrigan of this Court on January 13, 1930 (the Angle Decree or Decree).
25 The proposed amendments reflect annexations of certain properties into the Orland Project. The
26 Water Master for Stony Creek and Tributaries gave notice of the proposed amendments and received
27 no objections. Accordingly, pursuant the Court’s Order of February 11, 2009 (ECF No. 295), the
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2:80-CV-00683-TLN
Order

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1 United States submitted a proposed order embodying the amendments, which the Court may approve
2 without a hearing. See Order of Feb. 11, 2009, at 17.
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The Court has reviewed the Proposed Order, the United States’ Notice of Proposed Order to

4 Amend Angle Decree, the Declaration of Jacob Berens, the Declaration of Ray Sahlberg and Project
5 Land Schedule attached thereto, the United States’ Notice of Filing of Report by Water Master for
6 Proposed Annexations to Orland Project (ECF No. 381), the Notice of Water Master Administering
7 Decree Under the Order Dated February 11, 2009 (ECF No. 381-1), and the complete record before
8 the Court on this matter. Being so advised, the Court finds that the proposed amendments to Angle
9 Decree have been submitted in a manner consistent with the Court’s Order dated February 11, 2009
10 (ECF No. 295), that good cause exists for the amendments, and that no hearing is necessary.
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Accordingly, the Project Land Schedule in Article VIII of the Angle Decree is hereby

12 AMENDED to annex the following lands into the Orland Project:
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Acres
40.12

Location
SW¼ NW¼ Sec. 25 T22N R4W

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37.93

SE¼ NW¼ Sec. 25 T22N R4W

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40.14

SW¼ NE¼ Sec. 25 T 22N R4W

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35.75

SE¼ NE¼ Sec. 25 T22N R4W

153.94
3.86

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Name
Verboom

SN
867

Ferrasci

868

3.86

SW ¼ NE ¼ Sec. 9 T21N R3W

Reimers

869

16.88

SE¼ NE¼ Sec. 10 T22N-R4W

29.67

NE¼ SE¼ Sec. 10 T22N-R4W

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33.76

SE¼ SE¼ Sec. 10 T22N-R4W

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0.05

SE¼ NW¼ Sec. 11 T22N-R4W

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9.81

SW¼ NW¼ Sec. 11 T22N-R4W

17.17

NE¼ SW¼ Sec. 11 T22N-R4W

25.54

NE¼ SW¼ Sec. 11 T22N-R4W

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2:80-CV-00683-TLN
Order

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Total Acres

(cont’d)

38.51

SW¼ SW¼ Sec. 11 T22N-R4W

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33.60

SE¼ SW¼ Sec. 11 T22N-R4W

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33.31

NW¼ NW¼ Sec. 14 T22N-R4W

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30.40

NE¼ NW¼ Sec. 14 T22N-R4W

11.91

SW¼ NW¼ Sec. 14 T22N-R4W

11.86

SE¼ NW¼ Sec. 14 T22N-R4W

12.05

NE¼ NE¼ Sec. 15 T22N-R4W

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304.52

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The number of acres within the Orland Project to which Orland Project water may be

11 delivered in any given irrigation season, including newly annexed lands, will remain capped at
12 21,000 acres, as prescribed in the Angle Decree.
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IT IS SO ORDERED this 5th day of August, 2022.

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Troy L. Nunley
United States District Judge

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2:80-CV-00683-TLN
Order

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