contend that there is not sufficient

contendthat there is not sufficientwater flowing in'theunnamedstream
to satisfythe applicantsand their prior rightsunder License$683 during
the period from July to the first rainfall,
3. The flow of the unnamedstreamat the protestants'
point
of diversionwas 2.5 gallonsper minute (3,600gallonsper dav) on July 18,
1960, a dry year. On the 22nd day of the followingSeptember,the month
duringwhich the flow of the unnamedstreamis lowest,the flow was 0.5
gallonper minute (720 gallonsper day), at which time applicantswere
divertingthe entireflow of 0.75 gallon per minute at their point of
diversion. In each instancethe increasein flow betweenthe intakesof
the partieswas more than sufficientto supplyprotestantstentitlement.
h. Applicantshave commencedconstructionof their diversion
works.
5. There is unappropriated
water availableto supplythe applicants, and subjectto appronriateconditions,such water may be diverted
and used in the mannerproposedwithoutcausingsubstantialinjuryto any
lawfuluser of water.
6, The intendeduse is beneficial.
Prom the foregoingfindings,the Board concludesthat Application18671,shouldbe approvedand that a permit shouldbe issuedto the
applicantssubjectto the limitationsand conditionsset forth in the
followingOrder.
The records,documents,and other data relied upon in determining
the matterare: Application18674 and all relevantinformationon file
therewith,particularlythe reportof the field investigation
made Hay 12,
1960; files of License5683 (Application
15100),Permit11926 (Application
18279);United StatesGeologicalSurvey,SierraCity quadrangle,&minute
-29
series,
dated 1955; and Bulletin No. 58 of the State Department of Water
Resources, 'INortheasternCounties InvestigationI*;dated June 1960.
IT IS HEREBY ORDERED that Application 18674be, and the same
is, approved, and that a permit be issued to the applicznts subject to
vested rights and to the following limitations and conditions:
1.
The amount of water to be appropriated shall be limited to
the amount which can be beneficially used and shall not exceed 300 gallons
per day by direct diversion year-round.
2.
The maximum amount herein stated may be reduced in the
_ license if investigation warrants,
3.
I
0
Construction work shall be completed on or before December 1,
1962'*
4, Complete application of the water to the proposed use shall
be made on or before December 1, 1963.
5. Progress reports shall be filed promptly by permittee on
forms which will be provided annually by the State Water Rights Board until
license is issued,
6, All rights and privileges under this permit, including method
of diversion, method of use, and quantity of water diverted are subject to
the continuing authoritv of the State Water Rights Board in accordance with
law and in the interest of the public welfare to prevent waste, unreasonable
use, unreasonable method of use, or unreasonable method of diversion of
said water,
-3-
-.-_.-.._-
Adoptedas the decisionand order of the StateFJaterRights
Board at a meetingduly calledand held at Sacramento,California,on t'ne
day of
, 1961.
Ralph J. McGill,Member
FJ.A. Alexander,Member
STATE OF CALIFORNIA
STATEWATER RIGBTS BOARD
In the Eatter of Application18674
)
)
of Lawrenceand LucienBuck Robbins )
)
to Appropriatefrom UnnamedStream )
Tr5butaryto North Yuba River in
SierraCounty
DecisionD 1.006
1
)
)
)
)
ADOPTED
MAY4 '61
DEZISIONAPPROVINGAPPLICATION
Lawrenceand LucienBuck Robbinshaving filedApplication18674
for a pnit
to appropriateunappropriated
water; protesthaving been
received;the appiicantsand protestantshaving stipulatedto proceedfngs
ti lieu of hearingas providedfor by Title 23, CaliforniaAdministrative
Code, Section737; an investigation
having been made by the StateTRJater
RightsBoard pursuantto said stipulation;
the Board,having considered
all availableinformationand now being fully advisedin the premises,
finds as follows:
1. Application18674 is for a permit to appropriate300 gallons
per day by directdiversionyear-roundfor domesticpurposesfrom an unnameti
streamtributaryto North Yuba River in SierraCounty. The point of diversion is to be locatedwithin the NE+ of SW* of Section4, TZ?N, JU3E, ?'DP?Q&
2. ProtestantsNathanL. and Maxine A. White hold License5583
authorizingthe diversionof 700 gallonsper day from said unnamedstream
for domesticpurposesa+
Q a point locatedapproximately300 feet downstream
from ';heappli_can$s~
po5nt of d:i_version
and approximately
1,000 fee-tabove
5he &nct5c<lz
of th"
n unnamedstreamand North Yuba River, The protestants