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HAWK CREEK ADJUDICATION 1932 REPORT OF REFEREE

HAWK CREEK ADJUDICATION 1932 REPORT OF REFEREE. PRESENTED BY: Gene St.Godard. P.G., L.HG. Water & Natural Resources Group, Inc. Spokane, Washington 509-953-9395. DATA SOURCES. Report of Referee, dated January 30 th , 1932

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HAWK CREEK ADJUDICATION 1932 REPORT OF REFEREE

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  1. HAWK CREEK ADJUDICATION1932 REPORT OF REFEREE PRESENTED BY: Gene St.Godard. P.G., L.HG. Water & Natural Resources Group, Inc. Spokane, Washington 509-953-9395

  2. DATA SOURCES Report of Referee, dated January 30th, 1932 In the Matter of: State of Washington (plaintiff) vs. W.M. Messinger and Grace F. Messinger (defendants) In the Superior Court of the State of Washington in and for the County of Lincoln Case No. 9972 Filed in Office of the State Supervisor of Hydraulics on March 28th, 1930 by petition of the China Ditch Company and others in the vicinity of Peach, Lincoln County On December 4th, 1930, the Court made an order directing summons to be issued Order of Referee was made to the Court on March 9th, 1931 referring the proceeding to the State Supervisor of Hydraulics and his deputy to take testimony as referee.

  3. INVESTIGATION Surveys to gather data for the adjudication on Hawk Creek was conducted in the summer of 1930. Irrigated lands were examined, surveyed and mapped and there areas determined. Ditches were located and mapped. Findings of Stream: Hawk Creek is a small stream which rises in Davenport and flows generally northwesterly, enters the Columbia River at the town of Peach There are many long breaks in its flow, though the last 8 miles is rather constant

  4. INVESTIGATION (continued) The only diversions are made on the lower section of the creek, and during the greater part of the irrigation season there is no visible connection between the lower and upper creeks. Only the lower portion of the creek was considered in the determination The bulk of the land irrigated lies in the last mile of the valley and on the banks of the Columbia River Eleven (11) ditches varying in length from a few hundred feet to 3-1/2 miles divert water from the creek There are 406 acres irrigated and 147 irrigable acres for which water is claimed (553 acres) There has been insufficient water in recent years to cover even the lands under the present ditch systems

  5. INVESTIGATION (continued) Area of Adjudication T27N, R35E: Sec 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 SE1/4 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 SE1/4 Sec 24 – S1/2 of SW1/4 of SE1/4 Sec 25 – N1/2 of N1/2; and S1/2 of NE1/4 Sec 26 – NE1/2 of NE1/4 T27N, R36E: Sec 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 SE1/4 Sec 30 – N1/2 Sec 32 – W1/2 of NE1/4; and SE1/4 Sec 33 – NW1/4 of NW1/4 T26N, R36E: Sec 4 – W1/2 of W1/2 Sec 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 SW1/4 Sec 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 NE1/4 Sec 18 – SE1/4 of SE1/4 Sec 19 – NE1/4 of NE1/4

  6. INVESTIGATION (continued) Creek Measurements

  7. INVESTIGATION (continued) SPRINGS All springs contributing to flow of the stream are treated in this determination as part of Hawk Creek. IRRIGATION SEASON For this determination begins May 1st and ends October 1st. These dates are not arbitrary and may be altered to suit climatic conditions of any particular year. DUTY OF WATER It is the opinion of the referee that a quantity not greater than one cfs, net, for each fifty (50) acres can be beneficially applied to the lands involved. This is equivalent to 14.4 acre inches per month, or six (6) acre feet for the five month irrigation season. CONVEYANCE LOSSES The conveyance losses should not exceed ten percent per mile. This quantity was added to all rights at the point of diversion.

  8. RESULTS OF HEARING State Supervisor of Hydraulics set time and place of hearing for testimony on March 24th, 1931 Hearing was held in Davenport, Washington J.F.R. Appleby, Assistant State Supervisor of Hydraulics was referee

  9. RESULTS OF HEARING –Nine Classes Identified • Class One: 12 Rights (P.D. = 1883) • Note: 8 of the 12 rights are claimants identified under the China Ditch Water right allocation, but have individual acreage and diversion rights identified. • Class Two: 2 Rights (P.D. = 1888) • Class Three: One Right (P.D. = 1890) • Class Four: One Right (P.D. = 1896) • Class Five: Two Rights (P.D. = 1898) • Class Six: One Right (P.D. = 1902) • Class Seven: Two Rights (P.D. = 1894) • Note: The Orchard Valley Ditch Co. has a set acreage and diversion right and also has 22 specific properties identified for acreage to be irrigated under that right. • Class Eight: One Right (P.D. = 1915) • Class Nine: Seven Rights (No priority date identified, assumed between 1915 and 1932). TOTAL ALLOCATION IS FOR 543.23 ACRES AND 12.73 CFS

  10. CLASS ONE

  11. CLASS TWO THROUGH SIX

  12. CLASS EIGHT & NINE

  13. FINDINGS OF FACT • Hawk Creek and its tributaries is a non-navigable, natural watercourse tributary to the Columbia River • Water rights were initiated on date of appropriation • That the number of acres which the owners are entitled to irrigate, quantity of water to which owner is entitled, and allowance for transportation losses, description of lands to which water right is appurtenant, and its classification of priority were identified.

  14. HAWK CREEK ADJUDICATION (UNCOMPLETED) STATUS AS OF JANUARY 1974 • DOE records end at March 30th, 1932 for the hearings held on Report of Referee • There is correspondence indicative that the court reporter was paid for preparing the transcript of testimony of the hearings on exceptions taken to the Report of Referee (however, the transcript can not be found) • Microfilm of Case No. 9972 are in the records of Lincoln County, M-Vault, Box B-91, Box No. 12 in State Archives. • Nine exceptions to the report of referee were filed during February and March 1932: • However, the lands owned by these 9 exceptors collectively lie within that part of the then lower reach of Hawk Creek which was subsequently inundated as the Hawk Creek Arm of Franklin D. Roosevelt Lake and U.S. owned abutting lands • Recommended that DOE undertake appropriate action for dismissal of Cause No. 9972

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