HAWK CREEK ADJUDICATION 1932 REPORT OF REFEREE PRESENTED BY: Gene St.Godard. P.G., L.HG. Water & Natural Resources Group, Inc. Spokane, Washington

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

INVESTIGATION Surveys to gather data for the adjudication on Hawk Creek was conducted in the summer of Surveys to gather data for the adjudication on Hawk Creek was conducted in the summer of –Irrigated lands were examined, surveyed and mapped and there areas determined. –Ditches were located and mapped. Findings of Stream: 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

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. 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 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 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 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

INVESTIGATION (continued) Area of Adjudication Area of Adjudication T27N, R35E: T27N, R35E: Sec 14 –S1/2 of SE1/4 and SE1/4 of SE1/4 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 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 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 24 – S1/2 of SW1/4 of SE1/4 Sec 25 – N1/2 of N1/2; and S1/2 of NE1/4 Sec 25 – N1/2 of N1/2; and S1/2 of NE1/4 Sec 26 – NE1/2 of NE1/4 Sec 26 – NE1/2 of NE1/4 T27N, R36E: T27N, R36E: Sec 20 – SW1/4 of SW1/4 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 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 30 – N1/2 Sec 32 – W1/2 of NE1/4; and SE1/4 Sec 32 – W1/2 of NE1/4; and SE1/4 Sec 33 – NW1/4 of NW1/4 Sec 33 – NW1/4 of NW1/4 T26N, R36E: T26N, R36E: Sec 4 – W1/2 of W1/2 Sec 4 – W1/2 of W1/2 Sec 5 – E1/2 of NE1/4; and NE1/4 of SE1/4 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 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 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 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 18 – SE1/4 of SE1/4 Sec 19 – NE1/4 of NE1/4 Sec 19 – NE1/4 of NE1/4

INVESTIGATION (continued) Creek Measurements Creek Measurements Date of Measurement LocationDischarge Oct. 7, 1920 Above all diversions 5.4 cfs Oct. 22, 1924 At Peach, WA 2.1 cfs Oct. 22, 1924 Above mouth of Indian Creek: T27N, R36E, Section cfs

INVESTIGATION (continued) SPRINGS SPRINGS –All springs contributing to flow of the stream are treated in this determination as part of Hawk Creek. IRRIGATION SEASON IRRIGATION SEASON –For this determination begins May 1 st and ends October 1 st. –These dates are not arbitrary and may be altered to suit climatic conditions of any particular year. DUTY OF WATER 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 CONVEYANCE LOSSES –The conveyance losses should not exceed ten percent per mile. –This quantity was added to all rights at the point of diversion.

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

RESULTS OF HEARING – Nine Classes Identified Class One: 12 Rights (P.D. = 1883) 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 Two: 2 Rights (P.D. = 1888) Class Three: One Right (P.D. = 1890) Class Three: One Right (P.D. = 1890) Class Four: One Right (P.D. = 1896) Class Four: One Right (P.D. = 1896) Class Five: Two Rights (P.D. = 1898) Class Five: Two Rights (P.D. = 1898) Class Six: One Right (P.D. = 1902) Class Six: One Right (P.D. = 1902) Class Seven: Two Rights (P.D. = 1894) 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 Eight: One Right (P.D. = 1915) Class Nine: Seven Rights (No priority date identified, assumed between 1915 and 1932). Class Nine: Seven Rights (No priority date identified, assumed between 1915 and 1932). TOTAL ALLOCATION IS FOR ACRES AND CFS

CLASS ONE CLASS PRIORITY DATE NAME NUMBER OF ACRES AMOUNT OF WATER (cfs) LOCATION (T-R-SEC) NOTES 11883Emma Joslin , ,32 for stock and domestic use only and shall not be diverted from stream 11883William Livingston for stock and domestic use only and shall not be diverted from stream 11883Vincent Moore for stock and domestic use only and shall not be diverted from stream 11883Gratt Slemp ,25 for stock and domestic use only and shall not be diverted from stream 11883Amelia Pierce Allocated under China Ditch Rights 11883Amelia Pierce Allocated under China Ditch Rights 11883Will Lynn Allocated under China Ditch Rights 11883Stephen Lynn Allocated under China Ditch Rights 11883Vincent Moore Allocated under China Ditch Rights 11883William Brannan Allocated under China Ditch Rights William Messinger Allocated under China Ditch Rights 11883W.H. Jump Allocated under China Ditch Rights TOTAL CLASS 1 WATER RIGHTS

CLASS TWO THROUGH SIX CLASS PRIORITY DATE NAME NUMBER OF ACRES AMOUNT OF WATER (cfs) LOCATION (T-R-SEC) NOTES 21888Peter Selde, Jr Due to fact that Hawk Creek sinks below this place, these rights are not subject to Class 1 rights of China Ditch claimants 21888Peter Selde, Jr For stock and domestic use from a spring TOTAL CLASS 2 WATER RIGHTS Guy Lamb ,05,09 Due to fact that Hawk Creek sinks near the lower end of property, this right when diverted from Lamb ditch is not subject to Class 1 rights of China Ditch claimants. If diverted north of south line of Sec. 4, then becomes subject to China Ditch rights. TOTAL CLASS 3 WATER RIGHTS Vincent Moore TOTAL CLASS 4 WATER RIGHTS Gratt Slemp , Victor Lauritzen Right is for stock and domestic use and is not subject to those of superior class TOTAL CLASS 5 WATER RIGHTS G.W. Timmons TOTAL CLASS 6 WATER RIGHTS

CLASS PRIORITY DATE NAME NUMBER OF ACRES AMOUNT WATER (cfs) LOCATION (T-R-SEC) NOTES 71894Creston State Bank Orchard Valley Ditch John Lynn Allocated under Orchard Valley Ditch Co. John / Mary Lynn Allocated under Orchard Valley Ditch Co. Marcus Brannan Allocated under Orchard Valley Ditch Co. Laura Nelson Allocated under Orchard Valley Ditch Co. James Nelson Allocated under Orchard Valley Ditch Co. W.H. Jump Allocated under Orchard Valley Ditch Co. W.R. Jump Estate Allocated under Orchard Valley Ditch Co. Homer / Alice Hill Allocated under Orchard Valley Ditch Co. W.T. Hill Allocated under Orchard Valley Ditch Co. Archer Pugh Allocated under Orchard Valley Ditch Co. Guy Pugh Allocated under Orchard Valley Ditch Co. John Bell Allocated under Orchard Valley Ditch Co. F. Boyd Snook Allocated under Orchard Valley Ditch Co. Thos Slemp Allocated under Orchard Valley Ditch Co. Minnie Gabbert Allocated under Orchard Valley Ditch Co. Creston State Bank Allocated under Orchard Valley Ditch Co. J.B. Widener Allocated under Orchard Valley Ditch Co. Emma Widener Allocated under Orchard Valley Ditch Co. Chas Widener Allocated under Orchard Valley Ditch Co. Emery Bayley Allocated under Orchard Valley Ditch Co. J.M. Kirby Allocated under Orchard Valley Ditch Co. Harry / Geo. H. Simons Allocated under Orchard Valley Ditch Co. TOTAL CLASS 7 WATER RIGHTS

CLASS EIGHT & NINE CLASS PRIORIT Y DATE NAME NUMBER OF ACRES AMOUNT OF WATER (cfs) LOCATION (T-R-SEC) NOTES 81915Cornelius Dekker This right is not subject to rights on Hawk Creek TOTAL CLASS 8 WATER RIGHTS Peter Selde, Jr Guy Lamb ,05,09 When there is sufficient water in Hawk Creek to fill this Class 9 right, the conditions described in notes under rights of Peter Selde (Class 2) and Guy Lamb (Class 3) will not exist. 9 Emma Joslin , , 32 9 William Livingston / Elzie Riddle The lands under this right are entitled to the unrestricted use of a spring in the NW1/4 of SW1/4 Section 29, T27N, R36E.W.M. 9 Vincent Moore Gratt Slemp Creston State Bank TOTAL CLASS 9 WATER RIGHTS TOTAL ADJUDICATED WATER RIGHTS

FINDINGS OF FACT Hawk Creek and its tributaries is a non- navigable, natural watercourse tributary to the Columbia River Hawk Creek and its tributaries is a non- navigable, natural watercourse tributary to the Columbia River Water rights were initiated on date of appropriation 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. 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.

HAWK CREEK ADJUDICATION (UNCOMPLETED) STATUS AS OF JANUARY 1974 DOE records end at March 30 th, 1932 for the hearings held on Report of Referee DOE records end at March 30 th, 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) 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 are in the records of Lincoln County, M-Vault, Box B-91, Box No. 12 in State Archives. Microfilm of Case No 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: 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 Recommended that DOE undertake appropriate action for dismissal of Cause No. 9972