IKKIGATION PROBLEMS OF HONEY LAKE BASIN. • 99 



the entire waters of Susan River, except 1,000 inches from March 1 to Jul}' 1 and 

 250 inches from Jul_v 1 to March 1. As the appropriations above Willow Creek are 

 comparatively insignificant, and as nearly all the water taken to satisf}' them is used 

 in such a manner as quickly to find its way back into natural channels, the plaintiffs 

 thought the}' were henceforth secure in the possession of nearly all the water descend- 

 ing from the large and valuable watershed of Susan River. This constituted the 

 foundation of a magnificient enterprise which might readily hope to reclaim between 

 50,000 and 75,000 acres of land and create a community several times as large as the 

 present population of Lassen County. The battle between natural irrigation and 

 artificial irrigation seemed at that moment to have been won for the latter so far as 

 the all-important water rights were concerned. The phrase "store and use" was 

 interpreted by the plaintiffs to confer the right of diversion equally with that of 

 stoi'age, provided the stipulated minimum of 1,000 inches and 250 inches at different 

 seasons, respectively, was permitted to flow down to the tules. A point of measure- 

 ment was fixed, but no point of diversion was either fixed or forbidden, and the law 

 gives large latitude on this score. From the day the judgment was recorded almost 

 to the present time construction has gradually proceeded under the rights which the 

 plaintiffs and their successors supposed this judgment had conferred upon them. 

 Since it was rendered the system has twice changed hands, and on each occasion this 

 stipulation was regarded as the most valuable item on the list of assets. Events have 

 proved, however, that the most iniportant judgment ever rendered in the history of 

 Honey Lake litij^ation is open to attack. This is a matter of grave consequence not 

 only because of the large investments which were predicated upon the judgment, but 

 still more on account of the homes and farms since created and resting upon the same 

 foundation. 



THE BUILDING OF THE "COLONY DAM." 



In November, 1897, the successors in interest of the plaintiffs in this case began 

 the construction of a substantial dam at a point on Susan River 200 feet below the 

 mouth of Willow Slough, which now conducts nearly all the waters of Willow Creek 

 into the river. The dam is considerably above the old mouth of Willow Creek, 

 which is now a dry channel except in seasons of unusual flood. To complete the dam 

 and render it effective it was necessary to build extensive levees on the north side of 

 the river and to provide outlets into a cross slough in order to relieve the pressure 

 on the structure. A large outlet canal was constructed for a distance of about 4 

 miles. The work was mostly finished by the spring of 1898, the total cost being 

 about $12,000. 



Although the proposed construction had been widely discussed throughout the 

 valley, both in the newspapers and in public meetings, the builders heard but little 

 opposition to the project. Certainly no injunction was served upon them. As soon 

 as it was attempted to put the new works into use, however, the farmers of the Tule 

 district protested that the new dam interfered with their rights. They asked the 

 court for an injunction restraining the use of the dam, and brought suit to have it 

 condemned as a nuisance and removed. The case was argued on demurrer and 

 decided in favor of the defendants. Pending the filing of a new complaint the Tule 

 people appeared in force and removed the flashboards from the dam, claiming to act 



