ORDER REVOKING LICENSE Kathleen F Humlick and Sheila Hagbom
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ORDER REVOKING LICENSE Kathleen F Humlick and Sheila Hagbom
STATE OF CALIFORNIA CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY STATE WATER RESOURCES CONTROL BOARD DIVISION OF WATER RIGHTS In the Matter of License 10047 (Application 20448) Kathleen F Humlick and Sheila Hagbom ORDER REVOKING LICENSE SOURCE: East Intercepting Canal COUNTY: Sutter WHEREAS: 1. License 10047 was issued to Leon D. Webb and Kathryn L. Webb on April 6, 1973, pursuant to Application 20448 and was recorded with the County Recorder of Sutter County on April 9, 1973, in Book 805, Pages 511-513. 2. License 10047 was subsequently assigned to Kathleen F Humlick and Sheila Hagbom on December 31, 2003. 3. Kathleen F Humlick and Sheila Hagbom requested on December 16, 2011, that the license be revoked by the State Water Resources Control Board (State Water Board), Division of Water Rights (Division). 4. The Division interprets the licensee’s request for revocation as a waiver of the notice and hearing requirements set forth in Water Code sections 1675 through 1675.1. Therefore, it is ordered that License 10047 is hereby revoked by the State Water Board, and the water is declared to be subject to appropriation. This revocation may not result in additional water being available for new appropriations if there are applicable restrictions due to past State Water Board decisions regarding water availability. STATE WATER RESOURCES CONTROL BOARD ORIGINAL SIGNED BY JOHN O’HAGAN FOR: Barbara Evoy, Deputy Director Division of Water Rights Dated: JAN 20 2012 STATE OF CALIFORNIA THE RESOURCES AGENCY STATE WATER RESOURCES CONTROL BOARD DIVISION OF WATER RIGHTS License For Diversion and Use of Water APPLICATION_-=2"=!.0~44~8>!..-_ THIS IsTo CERTIFY, PERMIT_.L14::r:4::r:4:J:!2=-_ _ That LICENSE 10047 LEON D. WEBB AND KATHRYN L. WEBB 5236 BUTTE HOUSE ROAD, YUBA CITY, CALIFORNIA 95991 HAVE made proof as of AUGUST 8, 1972 (the date of inspection) to the satisfaction of the State Water Resources Control Board of a right to the use of the water of EAST INTERCEPTING CANAL IN SUTTER COUNTY tributary to WADSWORTH CANAL THENCE EAST BORROW PIT SUTTER BY-PASS for the purpose of I RR I GATI ON USE under Permit 14442 of the Board and that the right to the use of this water has been perfected in accordance with the laws of California, the Regulations of the Board and the permit terms; that the and that the amount of water to which priority of this right dates from OCTOBER 23, 1961 this right is entitled and hereby confirmed is limited to the amount actually beneficially used for the stated purposes and shall not exceed FIVE AND FIVE-TENTHS (5.5) CUBIC FOOT PER SECOND, TO BE DIVERTED FROM APRIL 6 TO JUNE 30 AND SEPTEMBER 1 TO OCTOBER 21 OF EACH YEAR. THE EQUIVALENT OF SUCH CONTINUOUS FLOW ALLOWANCE FOR ANY 30-DAY PERIOD MAY BE DIVERTED IN A SHORTER TIME IF THERE IS NO INTERFERENCE WITH OTHER VESTED RIGHTS. THE MAXIMUM AMOUNT DIVERTED UNDER THIS LICENSE SHALL NOT EXCEED 1,420 ACRE-FEET PER YEAR. THE POINT OF DIVERSION OF SUCH ~TER IS LOCATED: NORTH 70 FEET AND WEST 1,496 FEET FROM SE CORNER OF SECTION 2, T15N, R2E, MDB&M, BEING WITHIN SW1/4 OF SE1/4 OF SAID SECTION 2. A DESCRIPTION OF LANDS OR THE PLACE WHERE SUCH ~TER IS PUT TO BENEFICIAL USE IS AS FOLLOWS: 22 23 40 40 40 40 ACRES ACRES ACRES ACRES ACRES ACRES WITHIN WITHIN WITHIN WITHIN WITHIN WITH I N SE1/4 SW1/4 Nw1/4 sWl/4 SE1/4 NE1/4 OF OF OF OF OF OF NE1/4 NE1/4 5£:1/4 SE1/4 SE1/4 sE1/4 OF OF OF OF OF OF SECTION SECTION SECTION SECTION SECTION SECTION 11, T15N, R2E, MDB&M 11, T15N, R2E, MDB&M 11, T15N, R2E, MDB&M 11, T15N, R2E, MDB&M .' ., 11, T15N, R2E, Moe&M 11, T15N, R2E, MDB&M ... ~ 205 ACRES, TOTAL WRCB 16·1 (12·67) 8t087-883 4-'1 3M ® OSP Licensee shaU allow representatives of the Board and other parties, as rrwy be authorized from time to time by the Board, reasonable 8dceS8 topi'djeet works to determine compliance with the terms of this license. i I I _'. : j ~ All rights and privileges under this license including method of diversion, method of use and quantity of water diverted are subject to the continuing authority of the Board in accordance with law and in the interest of the public welfare to prevent waste, unreaionable· use, unreasonable method, ,of use or unreasonable method of diversion of said water. j IT:::., J, ,j Reports shall be filed promptly by licensee on appropriate forms which will be provided for the purpose from time to time by the Board. I The right hereby confirmed to the diversion and use of water is restrieted to the point or points of diversion t T,," t ' , I herein specified and to the lands or place of use herein described. This license is granted and licensee accepts all rights herein confirmed subfeet to the following provisions of the Water C o d e : i ~" an~ contain such terms as may be prescribed by the Board. Section 1625. Each license shall be in such form Sectio~ iiilice~es shall he udder the tenDs and' conditi6ns=Of lliis divtiio~ (6fthe Water Code). 'A.-'li<;~nseshaJi be e~e~~ve f~r such ~me ~~. the:wateractually-: llPPi:oPri~ted unJer it is: used fpi~ ~~~i1.ll ,~nd 1626. sedtio~ :1627. : beneficial purpose In conformity with this divisiOn ( bf the Water Code) but nO longer. ' ,~ , .." I ~ .. , ' . =~ectihi;J, 1~2S:' Evei>' ~Uc~nse ,~~all indl~de -th~ en~nlera}fon of cJnditio~s_ therein ~hibh iriiubstance shall i~clhde'aIl::~flthe provisions of this article and- the'statement that any apprOiJnater Of t Water to whOm to the conditions therein expressed. a Rcense lis issued takes the lkense sUbject . , , ::', " Section 1629. Every licensee,. if he accepts a license does so under the conditions precedent that no value whatsoever in excess of the actual amount paio to the State therefor shall at any time be assigned to or claimed for any license granted or issued under the provisions of this division (of the Water Code), or for any rights granted or acquired under the provisions of this division (of the Water Code), in respect to the regulation h)<i any competentpubTic au,thlflrity of the services,~r thep~ice of the services to be rendered by any licensee or by the holder of any rights granted or acquired under the provisions of this division (of the Water Code) or in respect to any valuation for purposes of sale to or purchase, whether through condemnation proceedings -:-oroth{)rwise. bxthe State or any.City, city ahd county, muniCipal water d~trict; Jrftgation,distticI, lightdngdistrict, or any political subdivision of the State, of the r}ghts-and property of any -licensee, or the pos~essof of1;U1X rights granted, issued, or acquired under the provisions of this division (of the 'Wa:ter Codel.' '" ." .. \ 1 Section 1630. At any time after the expiration of twenty years after the granting of a license, the Statf;' or ;my city, city county, municipal water district, irrigation di.strict, .li~htingdistrict,· or~ny political subdivision ~f the S~ate shall have the nght to purchase the works and property occupIed and used undjer thelicens!,'anq the works built or ponstructed for the . . , . "-' . , ., ." , enjoyment of the rights granted under the licenSe: ~nd . Se.ction 163~.. In the .e~e.nt that t\te State! or anr.ciif,city ap~~':lIltyl. municipal water dis~~ irri~~.qop, di~ct.-:lighting dIstrict or political subdIVISIon of the State so deslfmg to purchase and the owner of the works and prciperty cannot' agree upon the purchase price, the price shall be determined in suchl manner as is now or may hereafter be p[·(jv.ided:-:by~ lawJor detelmining the value of property tak~n- in eminent GloII?ai~ proc~~ngs~ ::: . , ". i • ~. I .~'::: , , , ' <. . Dated: . .. ~ I '913 , \ - I,' t '. STATE WATER RESOURCES CONTROL BOARD ~.;(.~~ Chief, Division of Water Rights