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UNIVERSITY
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SCHOOL OF LAW
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In tbc Superior Court
OF THE
COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA.
DEPARTMENT ONE
CuoMBion^ Tiney&rd Oo. et al«,
Plaintiff
vs.
San Antonio Jr&iBr Co . ,
No .9Ui7*
Tdl. II.
Defendani /
/
HON FRANK F. OSTER, Judge.
I. BENJAMIN, Official Reporter.
COUNSEL APPEARING:
For Plaintiff
For Defendant
J
INDEX
Cousins, S. G.'
Foz, J. B.'
Haven, Geo. D.
Johnson, C. I.u ■
Kincaid , S. P.
Kincp.id, r'. J.
Leeke , ■':. T.
n II II
iladdock, John - -
Parcell, Gervaise
Re id, Frederick H.
11 ' II II _
Stowell, N. W. - -
1093
n II
II 11
Title, Chain of
Trask, F. '"'.
Wight/ E.T. ^^'^
DIRECT
702
756
963
829
866
979
897
757
767
771
879
727
1196
580
724
1125
1228
932
1143
1244
676
755
929
940
987
1038
CROSS R[-D1R[CI:RECR0SS RE-DIRfCl
~7ir
964
852
870
982
907
770
893
741
1218
1245
912 917 925
753
696 700
701
1148 1162 ' 1188
1232
1025
1054 10.34
Index of Sessions
Maj^
Jan.
Jan.
Jan.
Jan.
Jv..r\»
Jan.
24^ 1907,
1'^ — -^
l'">
21
22
25
24
190c',
190S ,
1908 ■
190;;,
1908,
1906,
676
829
932
963
1038
1143
1196
Defenoan'. .
IN THE
Superior* Court
OF THE
County of San Bernardino
State of California
G.uctjj-ion^^a . liri . mixi . Company. . .e.t . . tl . .,
Plaintiff...
vs. > Vol. VIII
San Antonio Water Company^
Defendant-
INDEX.
Trask, F. I^. 676
Reod, Fred. H. 680 696 700 701
Counms, T. G. 702 711
Rood, Fred. H. 724
Maddook, Jolm 727 741 753
Y/rirht, E. T. 755 755
Cor sins, S. G. 756
Kincaid, ?■■.?. 757
Kincaid, U. J. 767 770
Leeke, t , T. 771
I. BENJAMIN, Official Reporter
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May ?Ath, 1907.
F. E. TRASK.
DIRECT EXAKIMATION (Resumed)
Mr. Bitt, Q Usiiig tiiis map to which your attention, -..as
directed yesterday afternoon .at tlie time of adjournment, I
will a^k you to rstate tiie length of that main coming dwon from
the San Antonio Canyen, proceeding, I thdnk, from a certain
division dam, using the scale and giving approximately as
you have given the length of the mains from the Sixteenth
Street wells and from the mouth of the Eady tunnel, to the
place of first connection with some of the distributing
pi])es of the San Antonio V/atei- Com];)any.
M]'. OHAPMAII: Vftien you get to the division dari will you give
us tiie distance from the point of diversion from tlie stream
to the division dam, and the rest of it then on down''
A t the present time the division dam receives the v/ater
f]'om the Power ^^ouse through pipe lines at that period of each
year v/hen flood waters are not passing; down the canyon. This
is hy virtue of the installation of a pov/er plant near the
division dam, the supply pipe line of which power plant
being a cement conduit and taking* the v;ater from the San
Antonio Vanyon at a point near tiie north line of section 1,
to\/nship 1 north, range 8 v/est; and the locus of the divide
dtiii or di''ision dain, as it is Bonetines called, is the same
no\/ as it has been ever since my first knowledge of the
canvon which was in the year 1HB7.
Q You are speaking of tlie canyon of tlie San Antonio Creek"
A Yes, sir. At the divide dam the water is diverted into a
ditch. This ditch has a length southerly about 1800 feet
o'lirb
iw a:.
677
to II iiimi] box and screen hoi, and from this sand box the
water iy carried throufi;h a piije line in a southerly direction
for about 6600 or o400 feet to the intersection with the
ditch line, which is the tei-minus of tlie San Antonio tunnel,
ant. carj'ies the San Antonio tunnel water southeasterly, and
at the point of intersection the tunnel water and the creek
water are rainfcled. At or near the point wliere the creek and
tiumel V aters mingle and extending from i6000 to o2000 feet
southeasterly around the foot hill tlie water s corif;eyed in a
cement conduit elliptical in cross section and having; a ;vidth
of 6 feet and a depth of 4 feet, to a point ir) section 24,
to\mship 1 north, range 8 v/est, and marked on the map as
"Box". This box imd conduit convey the v^iter or deliver it
to a pressure pipe line 22 inches 'in diameter and about 1600
feet in length tiirougii which the water is carried to a power
pljint located in the southeasterly corner of block 20, of
the San Antonio Heigiits trafct,
Wliose propery is that po\/er plant, if you know?
A I tliink it is part of the property of the San Antonio
Heights Electric Railv/ay Compajtr/.
Q -nroceed.
A Supplementing this pressure pipe line there is a vitri-
fied line laid parallel betv/een the box and the head of the
pressure line and the power plant, used as an overflow or
surpluB line, delivering waters to l.he pov;er plant. From
the po\/er plant southeasterly some thousand or 1100 feet the
water ir cai-ried throuj'^li parallel lines, one an 18 inch
cement and the other an 18 inch vitrified pipe to a division
box. From this division box radiates 4 distributing^ pipe
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lines carrying the waters easterly and BOiiMierly into the
diutributinj;; Bystem of the Ontai'io Colony lands. I v/ill
rwiark here tliat at a point northwesterly from the junction
of the canyon, and thentunnel waters there is a short pipe line
delivering ater from a ditch knov^n as the tunnel ditch,
soutlierly to some lots that are nproved in fiat vicinity.
Q Was water lo any considerahle amount taimn from that
ditch?
A I don't kno?/ the a:aount tliat is tal-ien from that point
in the aitch. And also, at the point just southeast of the
punction of the creek and those waters, there is another pipe
line running; south alon{-; the aividing line betv/een the C!olon;'
lots, into \diichmter is diverted for the irrigation of
lajids lying along that pipe line, and soth of the point of
intersection.
Q The flotal distance from the division dam down to tliis
measureing box \\here, as I understand you, there is a dis-
tribution of water into some 4 pipe lines, is how rau.ch al-
together*?
A I had given it in partial distejices, the sura of \'^iich
would represent the total distance or apj^roximately the total
dintance.
Q All riglit. We can get that easy enough. Tlie quantity
of v/ater which is called by Mr. Leeke in his testira ny the
Grij'd water, cones from what source'^
A The O-ird v/ater cones from the San Antonio CanYon and is
a ])rior ri^j^it on the canyon supply.
Q Does that come down through the Scine series of conduits
you have iust been describine:?
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A rt is neasiired out above tVio division of the 'paters
botween the OntariS^ and Pomona peojjle, and latei- is nin-
glod with the v/ater and in ttie ditclies and pi'pes v;hich I
have described.
Q And carried do'.m to the distribution box?
A It is minj^led with the otlier v;aters,
Q The Bodenliamner - or Bod eniiarof^er tunnel, which i' that
situated'^
A As I said y sterday, it is on or near the center of
section 56, tov/nship 1 north, range 8 west, running north
and south.
Q Wiiat distance is the water from tliat tunnel carried
from that tunnel to be mingled v/ith the water in tlie dis-
tributing system of the San Antonio Water Company?
A That timnel is dry now as I understand it.
Q Does not produce anyvater?
A No.
Q Now recui'rin^; to this pipe line from the Sixteenth
Street \/ells carrying tlie water westerly into the Ontario
Colony lands, you stated yesterday that the poriint of first
intersection] of any distributing; pipes or mains of the San
Antoniio Water Cb?npany is, I think a place between lots 4fX)
and 451 designated on tliis map?
A So far as I know; it was v.hen I laid the pipe line.
Q Nov; is there any other pipe supplied from that maim
brought fro?n Uie Sixteenth Street wells until, or before
rather, Euclid Avenue is reached, the Street in the Ontario
Colony. Ifmds called Euclid Avenue?
A Yes, sir; there ai'e 2 north and south laterals inter-
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sectin^; that main, one of tlien one ten east uf Jluclid Avenue
and the other two tens east of Euclid Avenue.
Q Vi/lien you use the word ten you mtan ten acre tracts?
A I refer to the subdivisions of the Ontario Colony lands;
tliose lots, being ten acres each, I call tens.
Q Are you able to say Vihat proportion of the water from
the Sixteenth Street v/ells, those v;ells north of the Base
Line, includin^^ the frskell well, wliat proportion of the
water IB emptied into the distributinjP* system of the San
Antonio Water Co>ripany, east of Euclid Avenue?
A I have nojoknowledf-^e of the proportioning of that v/ater
to the different stockholders,
Q Are you able to say whether a majorit of the ?;ater„
a larger portion of it, is carried over and consumed west of
Euclid Avenue, or some less aj-nount?
A It would be nothing; but a guess on ny part; I knov/
nothing of the distribution.
Mr. Britt: I think that iy all.
I'^r, Chapman: We do not care to ask any question'-'.
-0-
FREhEl^DCK H. RE1<]D.
Pred(;rick H. Reed, a witness previously sworn, being
recalled by plainiiffs, testified as follows:
Diredtt Examination.
Mr. T,ri^:t, Q The oth.er day vhen you wei'e called, I t]:ink on
3i'oss exajaination by Judge Chapman, you said something about
Deing employed to make these measurements which you ^ave
:his testimony about, by tlie Cucanon^^a Water Conipany: Do
^ou know anything about whether it was the Cucrjnojv^a Water
. ,;: U. ■).
T A
Q'lk
■;ija
681
Coriparty or some other company?
A I btdieve it was the Cucaiionga VineArard Corqjan;;,
Q From whora did you get your pay?
A I j-^ot ray pay from tlie Cucamon^^a Vineyard Corapany,
Q Fell, noM, I want to call your attention to this chart
a^ain, the aicigram on the board, plaintiff's Eidiibit o. You
notice that the riglit hand side of the chart contains the
caption at the head "San Antonio Company's vrells"?
A Ye£j, sir.
And under that division into columns, "number 1", '
"Nuijibtir 2" ana so on to number 8, and then the next is num-
ber 14. You notice also a column to the rifht of the
column headed number 14, with ttie heading; "Cement shaft"?
A Yes, fcir,
And then next to that is the "West Hellman Well"; and
next to that still proceeding; toward the ri^;l:it is "West
side well number 2." Are you acquainted with the locality
of those several objects which m-Q mentioned in those col-
umns *?
A Yes, sir.
Q At the head of those columns, I should say?
A Yes, sir.
Q Can you point out on this raa]), plaintiff's Exiiibit 1,
about tlie locality of thw San imtonio Well number !">
A That is about the position of mujiuir 1 well, in refer-
ence to the map liere. It is the \/esternmost ^^vell of the
series.
Q Of tlie San Antonio Corauanv's v/ells?
A ves, sir. They come in that order, 2, o, ^>, T^, and 6,
I A
no ,
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b82
which is tlie Rubio v/ell, I believe, so-called; that is ray
under standing of it at least.
Q Alii, the Haskell v;ell?
A The Haskell well I noted i.s v/ell No. b in hi^^ notes,
the Haskell well number 2; it would be the number 8 noted here,
Q Oh, Oh, well, in your notes yes, but in this tabulation
hero, the Haskell 7/ell is how designated, on tliis plaintiffs*
exiiibit 3?
A As namber 8.
Q Ana tlie niraber 14 of that tabulation, ^jlcxintiff 's Esdiibit
'6 is situated where on this ma]) Plaintiffs' Ex>iibit 1?
A I don't know of a number 14,
Well, did you make measurements or any observations on
the v/ell at the lead o^ the Eady tunnel, the lon^ tunnel,
tiuinel number 2*^
A Wliich well do you refer to?
Q I refer to this well up here at the he<id of that tunnel.
I don't know v^iether you did or not. Was there any cement
shaft over tliere at v/hich you did make meas'orements?
A Yes, sir; Lhe cement shaft on the Eady tunnel, or tnis
tunnel number 2, which was called nan>>er 5 weir; at that
I made a measurement whenever I could.
Q Marked "Cement shaft"?
A Yes, sir.
I s(je you made no measiarements on well No. 14, The
column is blank,
A Yes. The cement sliaft I made measurement s on as siiov.ti
hei'e.
Q Now under the column or rather in Uie coluimi, the seconc
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one frora tho extreme ri^it is the Caption "West side well
nuEiber 2": Wliere is that west side well number 2'>
A That is at this point marked here artesian well number 2,
That is t^ie way I knew it and reported it on the notes, well
niiriber 2.
Q Tliat is near the north boimdan- of the 90 acre tract
on this plaintiffs* Exhibit 1'
A Yes, sir.
Q And then tlie last - There is one I omitted to call your
attention to, the west Hellman well: ¥nere is that situated
on plaintiffs' exiiibit l*?
A At this point here in the northern part of the tract in
section 4„ a^Dparently at the upper end of this tunnel line
Y.
riie Y tunnel?
A Yes, sir; as sliown here.
Q At tlie extremity of the westerly brunch of the Y tunnel?
A ves, sir; two or three hundred feet south of the Base
Line, tlie well is situated, on the ^^ound.
I call vour attention to this plaintiffs' Exiiibit 3,
aiKl in the coliomn for date, year 1904, July 27th; I see 'that
.mc[er the column of nr^e of observ-er appears the na:ne F.H.
peed.
A That represents my meaaureraont. F.H. Reed represents
JB Bhovm here r^ measurements on these dates follov,ing July
Q State whether or not you hegan to make measurenents at
:'.at txme of t^.e >mter f Icinf, at the several weirs and the
«.te« from t.be several .ells .^ the elevation of water in
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that Hellmari vmll, and the elevation of water in tiiat artesian
well nur.T})er 2 on that clate*^
A yea, sir; cornmenci n(5 on that date.
Q Have you exa-nined this particularly, this dia^^a/a
plaintiffs' exliibit 5?
A ves, sir; I have gone over all the entries in it since
ray last exaiaination here, with a view to deterrainine: v/lieter
it coincided with my orif^inal notes.
Q You at tiie time made tliese vtirious rneasurerncnts did you?
A I nado notes and kept a record of the neasueements as I
made them ana each of these points you raentioned.
(} Nov; state v/hether tlie resiolt of those measurements has
been correctly transcribed on to this diagram or chart,
plaintiffs' exliibit 5?
A It has practically. I found some triflin.^ differences
fromiiy measurements that I have ignored, to the extent of
witiiin half an inch, as shovm here, these quantities being
shoTTn in miners' inches; my report showed them in cubic feet
per seonnd; and the difference here, except where I have made
tlie corrections to agree, there is no difference from the
date July 27th; I a;n not referring to this above but from th.at
on vbere I liave taken the measurements; there is no difference
in this exliibit from my memoranda within one half tm inch.
Q Now then, somewhat more particuLxrly a/^ain in relation
to this chart or diagram: the first column under the head
"njir-iect of observer", wherever your name F.H. peed appears,
indicates \\iiat?
A Indicates tliat I made tlie measurement solely.
Q And \;here your mmie appetirs in connection with that of
on .■^':
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sonebod}'- else, vhat does that indicate'
A It indicates tliat they v;ere piesent at the raeasurin^^, or
made the raeasm'ements with me; that is tiiey maciie measm'ements
al{;o, each makinr; independent meaeurements.
Q Then wliere the ditto marks or the double cor.imas appear
th(jre underneath your name, or under nealbh your name with
other pta'ties, they inaicate v^ha-o?
A They indicate a repetition of that name.
il A repetition of the observer or observers?
A Yey, sir.
Q Now, under the column headed date, what do those figures
indicate?
A Tliat colui/in indicates the date of tiie observation.
Q And the figures in tlie first column, weir number 1,
indicate \iia.t?
A Indicate the anount of ater flov/ing over the veir
in minors* inches.
^feasm-ed under a four inch pressm-e*?
A Well, taken on the basis of an inch of water bein^; Lhe
fiftietli part of a cubic foot.
Q One fiftieth of a cubic foot flow per second'
A Yes, sir.
Q Tliat is true of all the measurements on th.is cliart?
A ves, sir; tliat is so.
Q The f igrures under tlie column- headed veir number 2 show
\/hat?
A They show likewise tlie ammint of subic feet per
Bocond for that weir.*
In cubic feet per second?
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11
A In miners' inclies, in this ex'.ibit. I 7/ould say tha,t all
the quantities in the different columns of the v/eirs are a
record of miners' inches flow over the weirs for tlie dates
given.
You explained in part about these several v/eirs on the
left h.:.Jid side of this tabulation, ana I v;ill ask you merely
about tiiat weir 8, the column under the weir number 8; where
\iere those measurements made?
A This is the point here. It is a division box. I was told
it was called also the Creek Division Box; it is the ter-
mination of the 30 inch pipe line leading the water from the
canyon, immediately west.
Q Wlien you speak of the canyon vhat do you mean'
A The arroyo or depression or creek.
Q Cucamonga Creek?
A Yes, sir.
Q And down to a point, with reference to the Mountain View
Hotel?
A Well, it is south of the ^fountain View Hotel, perhaps
150 feet, and alongside a road leading from the county road
to the hotel, on the westerly side of the driveway.
Q Now these coiuinns on the right hand side of the exiiibit,
under the general caption San Antonio Company's T.ells,
corinencing v;ith number 1, those figures in the column headed
number 1, show what?
A They show the amount of water in inches flowin^t; at
number 1 weir, San Antonio Company's wells, at the time
measured in tliis record.
— Q — W a s thtt w ei r nu ia b e r I corresp o nd w i th - the vjell mmiber 1?
MOX A
J2 — i^i^
A It corresponds with the well number 1, the weir being
at the \7ell number 1. The well number 5, the -^eir is situated
sor^ distance south of the v/ell, water bein^ conveyed in a
pipe to the \Yeir.
Q As to all those v/ells, numbers 1, 2, b, ^, • , 6, 7, 8,
Sixn Ant. nio Co:;ipany's v^ells, the figures in the columns having
those headinf^s respectively, mean v^iat in the course of your
observations?
A Tliey mean the quantity of miners inches flowin/i; at the
tine the measurements were made, as shown in this olunn to
the left opijosite this entry.
As ascertained by yourself?
A or with others as sho\vn here.
Q How was that ater obtained from the well' How did you
have the opportunity to measure it? Were the wells being
pumped at the time?
A The wells were being pumped. In case of the San Antonio
CcTpanv's wells there would be no opportunity to measure at
the weirs unless the pumps were running.
Q Now, you continued those measurements, referring-; to this
diagram to refresh your recollection, until vhat time?
A Until the 4th day of June, the Srd or 4th day of J^jne,
1906.
Q A period then of near 2 years?
A -^res, sir; 22 months a}>out.
Q Now, tlienm in the year 190^^ the first observation that
you made on the flow of the San Antonio CopTpany's wells was
of if^tit, dato*^
A July 27th, to the best of rny recollection. It is s]\o\m
A IP
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13
U88
hei'e as tlie 27th. I can't remember ^vithi^ a day at this time.
Q No J, I find that lookin^i; into the several spaces for
notation of that date, tliat on July 27th there is nothing
recorded on the San Antonio Water Com|)any's wells; so that
coripany's 'jells were not heinf-^ pumped then or do you have any
recollection of tliat c,t all?
A No. My remembrance is that tiie pumps were running but
the vreirs were closed with locks so that I could not make
the raeasui''ements.
Q The first recorded date of your observations on the San
Antonio Water Company's wells was v/hat date?
A On the 2nd of August.
Q On the 2nd of August what year?
A 2nd of A.u,^^ist, 1904.
Tliey seem to run then consecutively forward, September,
October, November, December, to Janufjry, 1905, and on the 7th
of January/, 1905, the recorded measurements of those wells
seoms to cease.
A Yes, sir.
Q Do 3'ou know ny thing about wliat occurred at that time
the 7th of January, 1905?
A My remembrance is that we had rains and that the
puiipKS \/ore closed.
Q Tlie next entry appears to be August 15th, 1905, Do you
renenber «jiy circumstance connected with those figures appear-
in^3 in any of the columns under the head. San Antonio Company's
wells?
A I made measurements of certain of the wells on tl;e 15th
and loth.
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Q V'lien you say you made raeasurernents on certain of the
wells, do you mean the v;ells or meaeuremeints of the v/ater
flowing from the wells?
A Measurements of the V7eirs I sliould have stated, at the
number 1 weir and at the number 8.
Q Well, that is the Haskell well, ien't it, 6?
A Yes, sir. Those v/ere running and I had access to the
T/eirs on those days and noted the flow.
Q Tiien tiiere seemed to be blanks in the following'; spaces
for quite a long time. Why was that?
A ^fter the 18th the v/eirs were unifonnly locked so that
I dian't have access to them to make measiirements and on
those days I omitted it.
Q Did you receive any informtion from the San Antonio
Water Company's or its erai^loyees on th.e grounds about the
locKing of the v.eirs? Did they tell you anytliing about it?
A No; there Vv-aa nothing said to me b}'- any official there
t/iat I reneraber.
Q Do you kno'w during that time whether the v;ells v/ere
puriped?
A Yes; they wore piunping.
Q But the weirs were locked end you couldn't make
measurements?
A This doesn't show except an entry tliat I placed in here
on the 18th that the wells were ^-umping, but the weirs were
locked, and riy understanding is that they were pum^nng con-
tinuously after this date, but I hadn't knowledge of the fact
that tliey were pum^jing every day tliereafter, nor what v.-ells,
excent bv ref errin'-'-, to ^y^ oririnal merioranda.
r'nH
15
d90
Q You have those raemoriaida go tliat you could EiJike refer-
ence '-.o them and ascertain about tliat?
A Yes, sir.
Q All rig}]t. Proceed down the column. I see yo^ have
measurernentB under date September 2b, 1905,
A Mr. Trask yihb out in the district that day.
Mr, F.E. Trask the engineer of the company?
A Yes, sir; xiie engineer of the corqjany. And together
we measured the various weirs of both pai'ties interesited,
and in that way I made the measurements on that date in com-
pany with Mr, Trask. And also on the 50th of the month
a^cain it is sho\?n here,
Yourself and Mr, Trask?
A Yes, sir. On the 7th of October there \vas Mr, Trask and
iir, Clia'k, v;ho thereafter accom_janied me, Mr. Clark repre-
sentin^^ the San Antonio Water Company, We made the measure-
ments of all the weirs thereafter from the 7th of October
until the 4th of November follov/ing,
Q Do jou know anytiiin^^ about the arrangement that was made
betv/een you and ¥r, Clark or any of the officers of the San
Antonio Water Ccm^iany on that subject of the joint measure-
ments ? Do you know personally about it?
A Th.e only arrangement v/as that in the case of Mr. Clark
or, formerly the earier measurements with Mr. Sanders, that
I could make my measurements as Mr. Sanders opened up the
boxes, and as I opened up the ones that I had the keys for
v/ith rae, so that the only arrargement v/as the matter of the
meeting,
Q Vfliat I wanted to know is whether vou and Mr, Clai-k went
16
691
together for uia-t period of sevfcral v/eekB and made measure-
ments jointly/, and how it happened that you and he v/ere
together?
A That v.as due to an arrangement made by Messrs . Pur cell
and Wrip^.t to arrange for the opening of these v/eirs so "hat
I ^l;ould have access to them.
Q You don't knov; of that arrangement personally except
v/liat tliey told you'
A Thev advised me of the fact.
You made the last measurements that you have en Uie
San Antonio Water Company's ^;7ells , that is, tlie water
floT/ing from them, on what date?
A On the 4th of November.
Q What yeai'?
A 1905.
Q You continued your measurem.ents on tlie v/eirs and \7ells
of the Cucamoru!;a Vineyard Company till tome time next
summer, omitting, hov;ever, the San Antonio Con^iany's
wells?
A Ye^i, sir.
Q I think there t^re some exceptions liere to measurements
of v/ater, that is the flow of water, in th8,t column under the
head of West Heliman well. Wliat v/ere you measuring at
that well?
A I was measuring the present hei(;^t of the vra^ter "belov/
the top of the pipe in that v/ell daily.
Q You mean the present height or the hciglit as it appeared
on that date?
A As it appeared on that date - on the dates shown. The
17
L
heif^hts daily of the water, and also in thb well known uS Ar-rn
tesian \/ell No. 2, which is marked here "West side well No. 2"
Q In the column under the head "West Hellrnan well" oc-
cur the \.ords inrnediately below the top "Meaeures feet
below casing". Does tl:iat mean the top of the casing?
A That means the top of the i^ipe casing - of the v;ell
pipe, - which ic not at the surface of the ground, but a
matter of 45 feet below the surface. Tliere is a .v'ooden shaft-
an excavtition - apparently made to that depth, and then a v/ell
driven from Uiat point d&v.-n, so that this pipe is accessible
by xobiuia of a ladder to that point, th.e top of the casing
being some 4S feet below the surface of the ground, the meas-
ui'ements being made then from the top of this casing to the
surface of tlie water,
Mr. Chapman, Q Are you still refer ing to Hellman Well
No. 2?
I'fr. Britt: Yes, sir; the Vest Hcilmari Well i'>lo. 2.
That is tlie well at the \;est branch of the "Y" turjiel,
A It is showTi on the map. I don*t know the connection of
tne well with tlie tunnel personally, because there was no
evidence of it.
Q Is is near the head of the west branch of the Y tunnel'
A Yes, sir,
Q You climbed aov/n the ladder eveiy tine you made your
measurements?
A Yes, sir.
Q Wiiat did you measure from the top of the casing?
A I neasia-ed from the surface of the water to the top of
the casing to deteir.iine the distance from the top of the
Til D[[^
U'liJC ..0.
3 \0
, ■•-J- — • -i
;i:
10 boj^;
JiL
dy4
1
9
3
4
5
6
date.
Nov;, ijinder the designation "cement '■haft" bein^^ the
fourth column from the rit;lithand side of this map there
seened to be some entries: Yv-§.at do those indicate?
A This represents the measurement in miners inches of
the flc./ of the tunnel water at that point of the cement
Biuift, of the weir.
Q What tunnel is that?
A Tunnel No. 2, as I am farailiar with it.
Q West of the red hill?
A Yes, sir.
Q Can you show where that shaft is on this map, Plaintiffs'
Exiiibitl?
A I think it is about here, I judge this from seeing
the artesian v/ell and the number 4 and 4A points as sho\/n.
I know it is about a matter of 100 or l^'O feet northerly
from that.
That is 100 or IfiO feet northerly from the points des-
ignated weir 4 and 4 A?
A Yes, sir,
Q And you point to tlie notation on the left hand side or
netiT the lefthand side of plaintiffs* map, exliibit 1?
A Yes, sir.
Q And al)out an inch and a half or such a matter belov; the
inscription "Well 14"?
A Yes, sir.
Q Thure is a column here on this tabulation headed with
the inscription "Total at mouth of tunnel number 2". Nov/
that includes tiie sum of what tv/o D'. asurements or more than
tv/o, if such there were?
A That includes the suiti of the measurements made at v/eir
number 1 and mimher 2 at the mouth of tunnel nurnher 2, and
the surroation of those two quantities is shovm here in the
first and second columns.
Q Was there any time during the course of ^hose measiu'e-
ments that you v/ere infonned or received any information at
the Haskell -svell or at any of those wells of the San Antonio
Water conipany tliat you could not proceed v/ith your investiga-
tiens there?
A I think nothing was said to me by any one on the ground
except, possibly, an under styjiding - I don't recollect of
anything being said at this time.
You merely found some times that the weirs v/ere locked?
A Yes, sir; the \/eirs were locked.
Q Now, during the time that the pumping was going forward
in the San Antonio Water Conpany's wells and you v/ere making
measurements there, state how continuous that purajjing was?
A They v/ere pumpirjg daily and seemingly continuously.
Q On \7hat observation did you base the remark that they
seemed to be pumping continuously?
A I made daily trips to the hills for the purpose of
measuring these various weirs and noting them if these uraps
were running and noting whether v/uoor v;as jja-ssin^; uver i-iiose
weirs, and I knov^ of these v/ells being pumped at such Limes
as I was on the ground, but infer entially that they were
continuously pumping; at certain recurring trips tliroughout
the 24 hours that the plants were in operation, led me to
think that they were continuously in operation during that
+n
II
I A
r^r-. ;>'r : w •■■ -n
21
pai^ticuilar period.
Were you there at nif-i^t*?
A Yes, sir.
Q You found them goirv; in the ni-iit time?
A Yes, sir,
Mr, Britt: I believe v/ith the exception of '-hose Mank
spaces dovm there which the witness^ thou,^it v/ere the pumps
in operation, although the tabulation shows nothin^^ of it,
and as to which he desired to refer to his original memoranda,
that is all I v/ant to ask him.
Gross Examination.
Mr. ChapEian, You say you were employed by the Cucahonga
Vineyard Company?
A Yes, sir.
Q Vifho \ms the individual that did the talking v/ith you or
coLF.iuni eating vdth jjou that led to your employment?
A Mr. Gervaise I'nrcell,
Is he an officer of the Cucaraon^^a Vineyard Company?
A Not that I know of.
Q Hoy/ did you ascertain the fact that it Vi?as the Cucamonga
Vineyard Company that employed you*!*
A I thinic he informed ne of that.
Since you left the stand the other day?
A No; I tiiink soon after I v/as er^ployec or about that time.
Q You v/ere inforraed by him that you v/ere employed by the
Cucaiiionga Vineyard Company?
A Yes, sir,
Q Y/liat led up to the conversation after you were employed?
A The matter of my remuneration I ti^ink wus the cause of it.
Y K
*l.
.n',-n
« V
J.::' '.J;. iJi.'
-tj^)i.V
22 «97
Q You Uiiiik?
A Some little tiiae after I was raaking these measiirermints
on the question of ray remuneration and whom to render an
accoun'G to, I was told in v/hat way so that I \/Ould knov;.
Q To v/hora to go?
A Yes, sir.
Q Have you had any conversation with him since you were on
the Y/itness stand the other day?
A Not a \/ord.
Q Nor v;ith Mr. Wriglit?
A No.
Q Nor with any one?
A Not in reference to tiiis question.
To ^hom did you make your reports?
A To Mr. Pure ell.
Q In corri^jaring your notes 7a.th this sheet can you tell us
whether all the measurements that you made are accounted for
on this table here?
A Yes, sir.
Q All Lhe measurements tiiat you made?
A All the measurements I made.
Tlirouf^iout that entires section?
A Yes, sir.
Q Ai'e you still in the einpluyment of the Company?
A No, sir.
How lon^5 since your emplo^mient ceased?
A Sinc;e the first week in June, 1906.
q It.be^^an in July, 1904?
A Yes, sir.
^JtOI+Of)
A |i<'i
.ih. ii.
ik
.'ij.
^tr r
23
tj98
Q And your errriJlo^/Tnent related solely to the making of
raeasureraents of the Saji An Tonio Water Comi)ajiy'B wells?
A Yes; that v^-as all that I was reqiured to do - was to
make these measireraents and report the measurementB as made
to Mr. Piircell.
Q You rn-dde measurements at the Hellman Well No. 2 did you
not?
A Yes, sir.
Q Tliat 'ms included in the San Antonio Water Coiqjany's
T/ells?
A I made the measurements of the Hellman well; yes; daily,
as well as the others.
And did you include that or v/as that included in your
opinion' with the San Antonio Water Company's wells?
A It ?7aB merely one of tav duties to make these meas-
urements as directed, of these -Afells.
Q I understood you to say that your employment v/as for the
measurement of the San Antonio Water Company's wells. Am
I correct in supposing that Trou said that?
A No; not as bein^^ all that I was doing. I must have
raifumderstood ^^ou evidently.
Q Miat all did come v/ithin the scope of your employraent?
A Measuring all of the v/ells or v/eirs T/ithin that district.
Q Miat district?
A Tlie district shoi.Ti on this map,
Q Does that map show the Lone Star district?
A I don't knov/ the Lone Star district by name.
Q Do you know the Lone Star tunnel?
A No, I don't think I do.
■xtji'-.j-icn
Hi ^Oi'i A
2/1
ii99
Q Did Tou make anv measurement of the Lone Star wells or
v/aters?
A I made measurement of the ^vell kno^vn ac Lone Star n'uimiber
2, I think; also knovv-n as numher 5 in the numbering shown
in that exliibit 6,
Q What nwiher T) do you refer to?
A Number 1) of the Cucaraon^a wells.
Q Guoarion^^a Wa.ter Cotn[)any 'vvells?
A Yes, sir.
() You don't refer to the number ."' of the string of wells
to tlie north?
A No.
Q Were the measurements of the Lone Star well to -hioh you
refer as nuraber 5 recorded on this diagram?
A Yes, sir.
Q Did you make any neasijirements of the Sunset Watf-T Company
wells?
A I think not.
Q Did you naice any measurements of the Old Settlers' v/ell?
A I don't knoY/ that well by that name.
Q Did you make any measurement of tlie HeiTiosa Company's
wells'
A No.
Every measui-ement that vou did make, and whatever \vell
it is, is recorded on this diagram or table?
A Yes, sir.
Q Totgether with the date when it was made?
A Yes., sir.
Did you make any measurements of the creek \mter - Cuca-
. oi-i A
,a»y A
Or. ;■
Y A
25
7\)y,
moiiga CreekT
A I made no very precise measurements of the creek V/uter,
I think at ona tine during a flov/ of v;ater after a rain I
made a rou^i approximation of the v/ater flov/ing in Cucainon^a
Greek.
Q Wriereabouts in the creek did you make the raeasurement?
A It was merely an estimate. Near trie county road bridge
south of the Mountain View Hotel.
Q Co you knov/ ^here the point of division is betv/een
Ciuja'iiori^^a Vineyard Company and tlie Cucainonga Water Corrii.oany
of the waters of the creek and that Y tunnel? Do you know
v/hore it is?
A I don*t understand trie question.
Q Do you know thtt the Vineyai'd Company takes one half of
tlie "v7aters from, the Cucamonga Creek?
A I don*t know v/hat amount they take from that.
Q Do you knov/ that they do t ake some?
A All I knov of that is the ajnount of water vhich I
guaged at the number 8 v/eir or creek division box as it is
called, daily.
Q You did malce measurements there?
A Yes, sir.
Q And they tu-e f;hov«i on tliis table?
A Yes, sir.
Redirect Examination.
Mr. Bi'itt, Q State whetlier you made the measiu' omenta at
the various points as you were instructed by Mr. Purcell?
A I dad so, to the best of v?j ability,
Q Were your measurements correct?
t y \\o
1 A
■^ A
Y A
>r: bcb I A l!"^-
26
701
A I endeavored to have them absolutely correct as near as
it was possible.
Q You niiide some measurements jointl}- v.ith Mr. Clark?
A Yes, sir.
Q Do you knov; in what business Mr. Clark y.^s erigaged?
A I think he was a collector of gaB rates or electric
chiiTges of Bone kind t}irouj;;Ji the coimiunity, and an insur-
ance agent, or soue tiling of that kind; not a techjiical man,
by his o\{n statement to me.
Q You and he vrent together m\d made a quantity of measure-
ments: do you knov7 ■\'fnom h.e v/a.s representing at tiiat time?
A He was representing the San Antonio Water Compajiy.
Mr. Britt: We offer in^ evidence this tabulation of the
results of Mr, Reed's measurements as they ai^e shovm on
Exiiibit 3, the previous offer having been of measurements
made by Mr. Marsh.
Th.e Court: And also of measurements made conjointly with
otlier people?
Mr, Britt: Yes, sir.
Tlie Court: It \/ill bw admitted.
RecroBS Examination.
Mr. Chapman, Q Ho'j do you knov; he represented the San
Antonio Water Company?
A How do I know that Mr. - -
Q Cltirk represented the San Antonio Water Oomp.any?
A By his having the keys of these v/eirs and going with me
to make thest; measurements and keejping a record of them for
the San Antonio Water Coiapimy. I mean merely an g(-:ent in
the sense tliat he v/as acting to allow me access to the weirs
XJJU'J
Zl
V02
1
2
3
4
5
6
7
8
9
10
11
12
13
r 16
17
18
19
20
21
22
23
24
25
26
27
28
29
dailv to mako these measurement a, aiid his requiring the
privilege of fiaking the measurements of the wells of the
Cucamonf^a Oorapany also.
Mr. Britt, Q Did he assist in making; the measiirements of
the v/ells of the Cucaraon^a Company?
A He nc>.do his ov.ti measm'ements of those v/eirs, yea.
-0-
S. 0. COUSINS.
S. Cj. Cousins, hi;retofore sv/orn and examined, "being
recalled by plaintiffs, testified as fcllov7s:
Direct Examination.
Mr. Waters, Q Have you made a map shov/ing the lands of the
Old Settlers situated on the Guca/aonga Ranch, Bxid one outside
of the boundaries of the Cucamonga Ranch?
A Yes, sir.
Q I hand you a map: Did you make that?
A Yes, sir.
Q What is sho\m upon that map?
A The exterior boundaries of the Cucamon£;a Ranch.
Pepresented by \'iiat? Tlie outside black lines?
A The ouoside black line,
Q Is that map to a scale?
A Yes, sir.
Q TOiat scale?
A 880 feet to tiie inch.
Q I find upon this map certain squares marked consecu-
tively lots 1 to some l^arger number - ~ 17 is it?
A Yen, sir.
Q Wliat do those squares represent?
A They represent the lioldiii^s of the
-jj'oe
• •
.2a_.
7{),i
separate individuals of the Old Settlers Wat'^r Company.
Q And you are faiiiiliar with those tracts on the ground?
A Yes, sir.
Q Are they correctly located on this map , relc^tive to the
exterior "boundaries of the Cucaiaonga Ranch?
A Yes, sir.
Q I find a lin« in yellow and an inscription "oO inch
cerient pipe": ¥nat does tliat yellov; line represent?''
A That represents the pipe that conveys the v/ater from
the intcike at the creek.
Q At what cre«k?
A Cucaraon^^a Creek.
Q And extending v/here toT
A And leading into the division hox south of the brick
hotel.
Q And the square v/hich you have at the lo\/er end of that
pipe line, near the inscription "Division box" is made to
represent that division box?'
A Yes, sir.
Q Now from tiiat division box on do\>n to the point marked
with a figure 5 in a circle and a black square \mere I find
the inscription "division box", what does that represent?'
A That yellov; line represents the ceraent pipe marked
"2i! inch cement pipe", and it is the line \diich conveys the
water from the diiision box south of the brick hotel to the
division box kriovm as the Old Settlers' Division Box on
Hollman kmnae,
Q That is a 22 inch cement pipe line'
A Yes, I understand so.
29
/U4
Now then, at the point mtirked 3, that is on \vha.t street
if any?
A HelLnaii ATenie.
Q From the point laai^ked '6 I find extending helov/ and
ea{3t-([7ard a continuation of the yellow line on \viiich is in-
scribed the v/ords "Old Settlers' Pipe": Wiat does that
represent?
A That is the pipe line tliat takes the Old Settlers*
uator from the division box into their distributing system.
Q I find other yellov; lines radiating from that east and
south: ¥nat are those yellow lines and lAihat do tiiey
re])reaont?
A It is the general distributing system of the Old Settlers
\VaL^;r Gorapan^".
Q As it exists on the ground?
A Yes, sir,
I find a yellow line extending northv/ard to a point
v/h(jre there is a circle marked "Old Settlers Well" on lot 1:
Miat does that vellow line represent?
A That represents the pipe line connecting that general
sysyera v/ith tlieir s.ell situated on lot 1.
Q Nov;, lot 1, \;hat place is that?
A. That is called the Old Settlers Water Company's lot.
Q It has not. naj:ie as a farm or orchard?
A No, sir.
Q Lot 2 is what?
A
D.L.
Davenpori
. lot.
Q
W^lat
place if
that f
jailed?
A
Tie
Davenport
place,
50
705
23
24
25
26
27
28
29
Q Lot 3 is vjliat?
A The Frank Smith jjlace,
Q Lot 4 is what?
A Tiie Oscar Wilkenson place.
Q 5?
A D.R. Kilburn'B pl;.ce.
Lot f^'>
A The Fox place.
Q Lot 7 is v.haf?
A It is ..iii..t v/as the J.I. Hall place. It is now the
Bajaian place.
In the southwesterly corner of that I find a subdivision.
A That is ine CUcainonga School District lot.
Q Lot 8 is v/hat?
A T'.ie Manchester lot. It is now the Ora Oak.
Q Lot 9?
A The Elizabeth Sraibh lot.
Q Lot 10?
A The Denhara lot.
Q Lot 11?
A The Norwood property.
Q Lot 12?
A The Feron lot.
Q Lot lo?
A Stinchfield.
Q Lot 14?
A Miller.
Q 15?.
A S. B. Kincaid.
.jI.U
A 1!^
<,' -
"01 Jud
' '■-■i ■,' W..I
ui
; >- >-■
. <r ir
1 si U
— Q.
; O 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
39
20
21
22
23
24
25
26
27
28
29
..SI ^ --^-^
Q 16?
A Mrs. Kincaid.
Q 17?
A Jolm Maddock.
Q The Maddock place, is that v;ithin or without the
Ciicarnoi'i^^a Ranch?'
A To the best of my knowledge it is '.without the Oaca-nonsa
Eanch .
&, I find a certain tabulation upon this map. Take the
one to the left haad. YTnat does that represent or intend to
represent?
A The first coluj-rm is the figures 1, 2, 'S, 4, 5, and so on
do\7n to 13, and is the numbers vtiich are mi.rked on certain
portiono of the exterior boundaries and opposite to those
several nirabers there is letters indicating the course or
direction west, north, east or south.
Q Wn'dt does it mean? What is it for?
A It stsjids for the course of the line on v/iiich the mjirabers
are placed in the exterior boundaries.
Mr. Chaprnan, Q And cormencing with nunber 1?
A Yes, sir; and numbering consecutively.
Mr. Waters, Q To -.^at in the world do tiiey relate?
Do those numbers relate oo these lots?
A The exterior bound aj'ies of the ranch.
Q What is it> for?
A I v/ill explain, cornnencing v/ith number one -
fTr. Chapman, Q Is tJiat a station called in the ranch land?
A No . sir; it is not. '„y have number 1 marked on the line.
The Court, Q It indicates a course?
TUT.
A And in the next colurjn headed by the word "Course" it
saya "west".
Mr. v/iiters, Q Have you merely copied that off some map?
A Yds, sir.
Q Does it serve any purpose for this subject matter for
w}iich I an havin/^ 3'ou miike this nap, or it merely an
inscription tiiat you found on the map from which you took
tliese exterior boundaries? Is this a table that you made
or did you copy it from some map?
A It is coined from a map.
Q Then I don't care anything in the world about it. Con-
sider that it is off of themap.
Mr. Qiapman: It is not off.
Mr, waters: I will have it marked off.
Mr. Cliapman: If you let him talk he will explain it.
Mr, Winters: It is somef-'ing with the exterior csurvey.
Mr. Chapman: And that exterior survey would extend along
here and bound these lots that you have been talking about.
jvSr. Waters: The testimony of the witness is that this black
line is the boundarj/- of tlie ranch, and that is all I want to
know.
Mr. Chapman: There are several black lines,
Mr. Waters: But there is only one set of exterior black
lines. I don^t propose to get confused about it.
Q This next tabulation, does it relate to the subdivision
you have made here?
A Yes, sir.
Q Rjqilain it?
A It is a copy of the stock book - or a partial copy of the
."wswv."
'6'6
\JC
stock book of the Old Settlers Water Comirjany.
Q No"v7, then, I see you have th.ere the inscription "Lot 1,
Old Settlers Water Company -
A Contract of sale to Willifirn Freeman ("i*) 20 acres, 2 l/2
inches of water from v;ell,
Q Hie re did you get that?
A I got that from the secretary of t e Old Settlers Water
Coripany.
Q And each one of these inscriptions now, corresponding
and following dov/n in columns underneath the ones which you
have read, doim to number 17, ai'e of the same subject matter
and relative to each one of these lots?
A Yes, sir.
A Yes, sir,
Mr. Chap raan: You sre not trying to prove title nov^?
A No, no, not at all.
Q That is merely put there for v/hat purpose?
A To shov; the divisions of the water on the several dif-
ferent lots, I sui^pose.
Mr, Cliapnan., Q Do 3''0U suppose?
A Because the shares of stock call for so much water -
a pi'oportionate part for each lot,
Mr, T^raters: I shall not offer any of that data,
Mr. Qiapman: May be we v/ill went to offer it.
Mr, Waters: Then I may object to it or not,
Mr, Gliapman: Then don't scratch it out yet,
Mr, waters: And v;henever you start io o something we v;ill
tai:e care of it, I offer this map nov/ illustraive of the
testijnony of thin vdtness.
Q Mr, Cousins, do you knov/ anything about water having
.'f^'
34
/;)9
run to vLste from the Eacly tunnel at any time?
A Yes, sir; I think I do,
Q State v/hat you knov/ about that, \i\en it v/as, and
hc^/ much and under -^^hat cirr-uni stances?
A I don't reLiembsr the dates.
Q Give us the year?
A Last Y'inter I observed water coninr; from certain hydrants
to the Y/estWcird of the Eady tunnel, and in the year before I
saA/ water escaping from the box about half way along the
line from the Eiidy tunnel to the eastern boundary of the
Ontario Colony lands,
Q How much water v;as escax^in^^?
A I don't knoY/.
About how much?
A WlLen I saw it escaping from the box as I have just ex-
plained, I sliould judge there might be somewhere in the
neigiiborhood of 100 inches of water,
Q Where v/as that water running to?
A Do\/n the wash.
Q Do\/n what ¥;ash and in v/hat direction?
A Tributary to the Cucamonga wash and in a southerly and
southeasterly direction,
Q Ffiere would it naturally runnto from that point"? To any
place of use or merely to vaste?
A Merely to waste in the Cucamonga wash,
Q Now, \;hen v/as it that you saw that stream of water so
going?
A I t}iink it was a yoar ago last winter,
Q Was it escaping from some pipe line?
35
vio
A Yes, sir.
'^ Well, TJfiat pipe line v/as it?
A I think it was an overflo\/ to this boz that I described.
Well, wTiat pipe line was it cominir frora?
A The pipe line that is leading; into the box to the best of
LTV kno-.ledge copies from the v/est side tunnel and belongs to
tlie Ontario Power Oompany or the San Antonio Water Gorffpany.
Q And that pipe line is connected with the Eady tunnel,
is it not?
A Yes, sir.
Q At this other time, this past v/inter when you say you
sa\/ v/ater escaping, you say you sav/ that escaping from
certain h.ydrants?
A Yes, sir.
Q Wjiere were those hydrants situated?
A They were situated on the eastern side of the Colony
laTids, and just north of the Santa Fe railroad.
Q Eastern side of the Colony lands, of What Colony?
Cucamonga?
A No, sir.
Q Well, \ftiat colony?
A I don*t knov/ where the exact eastern boundary of the
Ontario Colony lands are, but it is north of the Santa Fe
Railroad, and just east of the avenue - I don't knov tlie
narie of it,
Q Wnere is it with reference to the Red hill?
A It is southwest of the Red Hill.
Q How far distant therefrom?
A 2 miles I think or o miles possibly.
y
i/f
o6
11
Q And on wliat aqueduct was that or pipe line?
A Well, I understood it was on p&rt of the system of the
San Antonio Water Comj_/any,
Q Was the location of it on a line betv/een tiie Eady tunnel
the mouth of the Eady tunnel and Ontario? Was that the
general locality of it?
A I think it v/as connected v/ith that pipe line that leads
to the Eady tunnel,
Q How much vv ate r did you see escapinf^ there, about'
A Oh, 50 or 60 inches, I rhould .iud^^e, or 75.
Ho\,' many?"
A 50 or 60 or 75 inches.
Q Where was that vater runni 'j::; to?
A It was running down over the rocker land, and 7/ash lands.
Q Runnin^^ to v;aste?
A Runnin(^ to v;aste appsrentljr.
Cross Exainination.
By Mr, Chaiiinan, Q Wlicn did you fir^t see that \mter runniiig
to waste?
A I think it was a year ago last \;inter.
Q Wliat ti e in the v/inter?
A I don't reiiienber; sometime during the early spring
nonths or winier months.
Q Of 1906?
A I couldn't say.
IS. V/ATEl-iS: I nov^ oiTsr tha.t map.
Tiie Com*t: I understand that Mr. T-raters now offers the map,
^Tr. Cfiapnan.
Mr. (iiapiaan: I understood hira to offer it before with certain
37
VIS
reservations; ha stated before Uiat he dia not propose to
offer those notations.
Mr. Welters: I offer thejiiap, leaving out tiie two tables at
the left, tliose eaq^lanatory tables at the left.
Th.e Court: Y/ith that understanding it v/ill be adnitted.
(Marked Plaintiffs Exhibit 8)
Mr. ChapLian, Q You saj'- you don't remember, you don't knov/
\€i(jther it was in the Spring of 1906, 1907, or 190r?
A It migjit have been in the Fall of 190n. I don't remember.
I knov/ I have seen v,ater running to waste there.
Q You c'on't knov/ v/hether it was in the Fall of 1905 or the
Spring of 1906?
A I couldii't say definitely,
Q Do you know it was either?
A No.
Q Hov/ far from the mouth of the tunnel was it that you
observed that?
A It must have been a mile and a lialf or tv;o miles.
Q And coming out of some pipe you say?
A Yes, sir.
Q Do vou know vhose \)i])e it was?
A I sujjpose it v/as the Smi Antonio Water Covr5,)any's pipe
or Ontario Power Conipany.
Q You suppose: Did you know?
A I couldn't Bv/ear to it; no, sir.
Q Ho-.,' does the Cucaiiionga Water Company take its v;ater from
tliat tunnel? By vhat moans does it take it away?
A Pipe line.
Q And goes where?
i A
.sa.
IS
1
2
3
4
A Sorae of it ^oes into the Blackburn addition south of
Ontario.
Q F-at I m(3aji is diat is the general direction of that pipe
of the (hctiiiiQY]^b, Vfeter Coripany?
A Easterly.
Q Easterly and southerly?
A The beginning of it is southerly; yes, sir.
And for wliat distance is it southerly? For what distance
southerly does it extend?
A From the tunnel I should judge it might extend southerly
probably 500 feet nay be.
Are you an officer of the CucaTionga Water Company?
A No, sir.
Fave vou e\rer been?
A Yes, sir.
Q Hov; Ion?'- since your relations vath that c orrj any ceased?
Mr, waters: Objected to as not responsiTe.
Mr. Giapman: I want to inquire a.bout his kno\/ledge of tliat
Coripany Water Conpany,
Mr. waiters: I withdraw that objection; let it go.
Q Wicn did your connection with the Cucaraonga Water Company
cease?
A I think in the fall of 1905.
190r-?
A I think so.
You v.- ere a director of the coripany were you not?
A Yes, sir.
Q How-lon{'; had you been a director?
A One year.
^y
14
Q No raore?
A I Uiink it v/as one year.
Q Were yo > also the engineer of that company for that year
05' had nnperinteiience of the engineering?
A No, air; I dia some v/ork for them at different times.
Q Were you not ttn^oiAglily acquainted with tlieir v/liole
svBtem?
A Their distributing system?
Yes, sir; and their nain lines l)y which they - onducted
the water, ti)& the distributing system, too?'
A No, not entirely so.
Q Fell, YOU did have some infoiT!iation. of the fact that as
shov/n on this map v/hich has just been offered, plaintiffs'
exliibit 6, tliat the \/ater is conducted by the Cucamonga Water
Company tiii-oi:igh this 22 inch pipe down to a place which you
call the division box, vhore the Old Settlers get the v/ater?
M]'. Waters: I will ask you in the same spirit you asked rae
a x.hile ago \/heth.er you ijre proposing now ly this evidence
of this witness to prove that the Cucamorga Water Cciqjany has
had the handling and distribution and control of the Old
Settlers* Water Company's water?
Mr. Ctiapman: No. This 22 inch pipe line is xhaXj I am asking
about, the manner in which it was constructed and v^o paid
foi" it, ana you hu,ve already gone into th.at.
Mr. ^aters: So I have. But you have attempted to make it
appear several times that the Cucaraonga Water Company have
had control of th.e Old Settlers' water.
Mr. Qiapman: No, sir; I h.ave not tried to malce it so appear.
Q The water 'oiiau belonged once to the Cucamon^^a Water Cora-
40
VI 5
pany is conaucLed throi:i^:^i this 22 inch pipe do\m to this
circle within which is the figure '6: is that correct'
A I don't knov/; no, sir.
Q Dioji't you tell us in your direct examina,t,ion tliat tha-t
place, figure 3, represents a division box?
A Yes, sir.
Q And that the pipe helov; that is the Old Settlers pipe
by means of \;hi(ih they take their water from the 22 inch pipe
to the place of distribution arnoas thitmselves?
A As it is so arranged, I should judf;;e so. I never savj
the inside of tlie box very much. There is 3£kBg a big box there
and there is another pipe that coraes dv/on from the north
to this division box.
The Court, Q That is on Hellman Avenue?
A Yes, sir.
Q You say there is another pipe coraes clo\m there from the
north?
A I believe there is fonother one that couies aov/n from th.e
north.we^^d.
You testified that the yello?^ line that extends north
extends to a ^<iell , kno\;n as the Old Settlers 'well?
A Yes, sir,
Q .And that pipe belon^^s to the Old Settlers as I miderstand
you, and conaucis the water fran that v/ell do\m to this pipe
line box mingled with the other waters of tiie Old Settlers
a>id is Tsed in the same way?
A Yes, sir.
Q Do you know that?
A I saw them vAien they v/ei-e putting the pipe in, and I
41
ne
knov/ oliat the water coming; from the \/ell cones out in tliis
pipe belov/. I have seen it eo I nust >jiow that.
Q Where didyou get your irif ormation from v/b.ich you made up
this map?
A It mostly cane from the records.
Q Wiiii records?
A The records in the office here - the county recorder's
office, ^^iving the size of the lots; and also frora the
records of the assessor's office.
Q You didn't get those pipe lines from tlie records of the
recorder's office, did you?
A No, sir; I v/as just r;oi^r; to say that related to the
lo'.s ofx lana.
Q Hiere didyou yet the information about the pipe?
A By asking the people alon^.^; the line where the pipe line was
Q Dian''o you have any knowledge of it yourself?
A Not very much. I know certain starting points and
certain points v.iiere th.e \/ater cones out. That is all I
knov/ personally.
Q Ai^e you not acquainted with tlie wells, tunnels and
pi])o lines tliroughout tliis section of country?
A Pretty much so.
Q And }iaven't you got that kno\;ledge from your ov.-n
obs;;rvation?
A A good deal of it.
Q You have been with the Sunset Water Corqiany how long?
A 4 years I tliink.
Q Haven't, you had the general charge of the operations of
that coirpaivj?
42
/17
?'Tr, waters: I suhraio 1.]iere in nothing; on the riap about tlitd,
nur in tlie oirect testimony, about the Sunset CoLijjany, or
ito pipe line.
The Court: Tliis is not the first time he has been upon
t,liu a tana.
Mr. Giiapiiaaii, Q You have been there for 4 years?
A Yes, sir.
Q WivdJl lius been your general emploj/Tiient , \shat have you been
c!vi(^uged in?
A Ranching;, fruit gro\/ing.
"'."^ell, for the company? Wliat have been your services for
the SmiLiet Water Con'ii3any?
A Jhj I have liad tlie direction of the operation of the
pi tint.
Q The water plant?
A Yes, sir.
Q The pimrping for it?
A I liave never run the puiqjs.
Q V/ell, YOU superintended arid directed?
A Yes, sir; I directed it.
Q Did YOU have anything." to do vdth tiie construction machin-
ery?
ft Yes, sir; I had all to do with it,
Q You hiA all to do v/ith it?
A Yes, sir.
Q And one of the Sunset Y/ells I believe you said v/as bored
since you were tb.ere?
A Yes, sir.
Q Didn't you do that or sui)erintend it?
45
^18
J-
A I vias on t-he ground nost of tlie time; it was done by
contract.
Q You have nic^de a good many mea.Burements of v/ater I "be-
lieve in tliiij action?
A Some; not very many.
Q Employed by whom in tliis catse? Mr. Haskell,, didn't you
say?
A Do you maun quantities of v/ater?"
Q Yes, sir,
A No, sir.
Q Well, I mean the dejjth of water in the wells?
A Yes, sir.
Q And you have been all over there repeatedly?
A Yes, sir.
Q And haven't you a pretty t}iorou{^T acquaintajfice with the
systems not only of tjie S-onset Water Conpany but tlie other
people throup;}i there'
A A fair ar^quaintanoe, yes, sir; of course there is sone
of it bm^ied under the ground that I can't testify to exactly.
Q But you do knov/ v/here water is taken frora the Cucanioi\ga
Creek into this 22 inch pipe, don't you?
A Yes, sir; pretty near.
Q Den't you knov/ exactly \;here it is?
A No, sir; not exactly.
Q Yoii knov/ where it conducts the vaiter to don't you?
A Yes, sir.
Q You know the people \*ho use the water after it is con-
ducted to tiien?
A Man-"- of them.
AL
V19
Q You know tlie (licaj;ion,Q;a "ineyard Coripany's pipe line that
conciiictG the water to *heir place, do you not?
A No, sir.
Q Bind' t you in your testimony tlie other day say somethin^^
p.bout a 16 inch pipe that v/as used to conduct water around
there to the vineyard?
A No, sir; I don't think so.
Q You don't knov; anything about it?
A 16 inch pi])e; no, sir; not to the Vineyai'd Co-ipany,
Q W^at Corapany if any*!*
A Cucarnonga -
Q Cucarionga Hater Company?
A Thei'o is another pipe around the Red Hill narked on that
map.
Q Do you know it? Have you any personal knov/ledge of it?
A No, r-ir; I never saw it.
Q You aon't know ^A/here it conducts the v;ater to there?
A Well, I know vhere the outlet is.
Fnere is the outlet of it?
A It is on HelLnan Avenue.
Q well, that is where it conducts the ivater to, isn't it?
A I suppose that is the pipe.
Q Do you know \/}i6re that water is used?
A No, L-.ir; I never sav/ it being used.
Q One ui the Sunset v/ells was sunk before you ctune there,
I believe, waslit not?
A Yen, sir.
And has it been purrrr)ed ever pince you have been there?
A Yes , sir.
I
. -J. 11
/v;()
Wlien v.^iB the western v/ell sunk? 1905 did you sayT
A No, sir; I didn't say. The west v.'ell was somewhat ear-
lier tlicJi that; I don't know tiie exact date,
Q Since you v/ent there?
A ijo, yir; before I ca'ne there,
Q Wc.fsn't one of then Eiink since you came there?
A Yes, sir.
Q Ihich one v/as that?
A Tlie eastern well,
Q mien v/as that?
A T^^at v/as about 1905 I t}iink.
Q Tiiu-t \vc.s the one in .-hich you yourself su^jerintunded
personally in the sinkinfj; of it?
A Yes, fcir.
Q Had you pumped the western well before that one was sunk'^
A Yt'L, iiir.
Q And sent it dovm'?
A YftF , sir.
Q And about what quantity of Y/ater did they get before
the eastern well was sunk?
A Wien they first pumped it I understood they ""lad in the
neighborhood of 40 inches, and when I was pumrnn^; it got dov/n
to 2o inches,
Q And ""J^at was before the eastern well was sunk*?
A Yes, sir.
Q And after tlie eastern well v/as sunk I believe you testi-
fied tliat you got about 25 inches from each of thenT
A Yes,- sir.
Q Do ;-ou know how much of the time this western well was
46
7?;il
piuiped from t-iie tirae you caiit; there until now?
A Pretty near continuously during!; tlie irrigation season.
Q V/iiat months constitute the irrigation seasonT
A Fron ^love^f'-^er about - or fron June until November about,
Q I BU]j|jOBe it depends very largely upon the season, does
if?
A Yey, fcir.
Q Sor-ietiiries th.ey pump a good deal m the winter do thejr
nof
A No, sir; I dun*t tiiink they have t.ver jumped in the
winter; they have pumped in December, the early part of
Decem'^er.
Anu in January?
A No, L^ir.
In February?
A No , s ir .
Q Nonii of the seasons since vou have been there*?
A No, j?ir.
Q NoY7. vou sav from June until November'
A Yes, sir.
Q Tiiose v/ere the months to vdiich you allude v^lmn you speak
of the irrigating season?
A Yes, &ir.
Q They may begin earlier or contini^e lu,oci' i.ccording to
the season?
A Yes, sir.
Q Do you reraember what year it was tliat you \;ero a
director of the CucaLionga Watei- Company?
A I think it was in 1905, I tb.ink. I don't remember.
.-i- ,0
AL
/*42
Q Was the v/ater bein^; pumped during that year, 1903''
A Wat^-r heint: purq)od?
Yes; at the Sunset v/ellc, Cucajnon^a v/ells and Lone Star
wells?
A Trie Simsot v/olls v/ere pumijing, one of them.
Q Hov; about tlie Cuca^ionga Water CoiTpany's?
A I think they were operating one v/ell.
Do you knov/ about wliat quantity v;as being puri|jed?
A No, sir,
Q I want to ask you about these notations on this map:
t}iey at'e desifgied to inform us as to the meaning of certain
signs and figures on the map, ai^e they not'
A Ygg, sir.
Q V/ell, no\;, you start m vdth this table to the left,
on the vrest side, and I believe you pointed out v^ere t'-is
nuriber 1 was, and you said that the W stood for west. What
does tbxC next number stand for?
A Under the coli.imn of distances, 22 chains from the point
of beginning";.
Q From 1 to 2 is 22 chains?
A Mo, r.ir; from the ])oint of beginning. Tlie course 1 is
west 22 c/iains.
Q Miere does it land you? Didn*t you point out on the nap
where 1 was*!*
A Yes, sir; it is that line.
Q Wnere is 2?
A 2 is the next line,
Tlie Court: It is the next course as I understand it.
Mr. Chapman, Q And that gives the co^lrp^^ and distance of
48
line 2?
A
Ye!3, sir.
(J
And so on around to lo, north 98.7!;. Wiiere is that l^')'
The
figure 13, what line does 13 represent ''^
A
It is the closing line of the boundary.
And beginning vdth the southwest corner of the lanas
raai^
ked on your map and extending to nujnber 1?
A
Yos, sir; the place of beginning.
Q
The narks and figures then and the general Sj'Tnbol t}iere
gives a description of the exterior boiindaries of the entire
tract?
A
Yes, sir.
Q
And that is all*?
A
T:iat is all.
Q
Nov/, in this other table, whero you have lot number 1,
YOU
have also the name of a person haven*t you?
A
Yes, sir.
Q
Aiid the narae is Lhat?
A
Well, number 1 is Old Settlers' Water Cornp£uiy.
Q
Tlie next is v/hat?
A
D.L. Davenport.
Q
The coluions to the riglit rej^resent acres and siiares of
sto
ck?
A
Yes, sir.
Q
Ana you got all that infomiation hov/?
A
From the secretary.
Q
Are these persons the sane or any of them the same v^hose
nunes you t^ive us as the owners of lots here'
A
Mcst of thuja I knuw pm-sonally, ano: live on tiie land.
«■■••■
49
724
In direct exariination in response to questions; of Mr.
Welters you {^a« us the location of the liinds of Vo-rious per-
sons v.hose nuj-ies './ere called to you - -Ai'e the names of tliose
persons contained in your table liere?
A Yes, sir.
Q And this is a list of the names and shares of j>tock and
the acres of lana and descriptions of Lhe Old Settlers and
tlie stock wliich they liold.
Mr. Waters: I object to that as incompetent.
Mr. Chapman: I ara not trying, to prove the title of the stock
but just singly let the witness explain viYxX thest tilings
are intended by him to represent; whether they truthfully
represent anythin^^ or not I am neither knowing nor caring;
but I think the tables are harmless in connection Y/ith this
and their are thus explained.
Tlie Court, Q You stated that vou PX)t your infonmtion from
the secretary as to this stock: t}ie secretary of wfiat company?
A Tlie secretai^y of the Old Settlers' Water Company.
-c-
Here tlie court takes a recess until 2 o'clock p.m.
-0-
Afternoon session, 2 p.m.
FEEDl^IilCK H. REED.
Frederick H. Reed, a witness previously s\/orn, being
recalled hy plaintiffs, testified as follows:
Direct Eixcj/aination.
Mr, Britt, Q Now, Mr. Reed, this ifioiTiing in giving the his-
toid of ^'■our measurements of the San Antonio Water Coraimiiv's
wells north of the Base Line, you cajie to a tirae and date about
I
52>
726
Au^!;ust 18tli, 1905, v/hich v/us rnaxked on this tabulation, plain-
tiffs' exliibit o, "Pumping but veira locked"; but you explain-
ed that by cayin^^ in subcLaiiCG that the v/fcliB of Uio San
Antonio Wattir Company were beiiij^; pumped at tliat time but
tliat you did not have access to the v;eirs so that you
could raeasure th.ern; so for quite a time there appears to 're
no Fie asir events noted on this tabulation. You ^.-ere requested
to consult your original notes to see v/hether the v/ells v;ere
piU'T[)ing during-; that time,
A Yes, sir.
Q Have you now conBulted your notes?
A I have done so; I hafee consulted my notes end I Tiade a
meriorajfidum of the dates that the \;ells wei-e pumping but on
vjliich v/e were not able to measure them.
Q You ruay {^ive the dates on \.hidi the v/ells v/ere being
puriped and on 'wliich you v.'ere not able to uieasure then for the
reason that the 7;eirs were locked. G-ive tiie dates the v/eirs
were locked and v/hat wells were being pumped on those dates.
A Tlie first notation I have heru is August If/oh, v/elT num-
ber 8 was Tjumpin^. Augjst 16th, wells 1 and 8, August
2f^t;n, \/ells 1 -And. 2; August 26th, wells 1, 2 and 8.
August 30th, wells 1, 2 and P. August 31st, v/ells 1, 2
a)Ki. 8. Also wells 1, 2 and 8, September 1st to 12th inclu-
sive. Soptonber 13th, wells 1, 2, 3, 6 u.nv 8. September
14, wells 1, 2, 3, 6 and 8. September 15th, wells 1, 2, 3, and
8. Septenber 16th, wells 1, 2, 3, 4, and 8.
September 18th, wells, 1, 2, 3, 4, 6 and 8.
September T'th, wells 1, 2, 3, 4, 6 and 8.
September 20th, 7/ells 1, 2, 3, 4, 6 and 8.
iiL
7:^6
S(3pterril-!er 21st
SeptemT)or 22nd
September 2ord
Septerdher 25th
September 26th
with Hr. r^raak
Sopter.iber 27th
Soi/t. ember 2Pth
Scptymber 29 th
September 30 tb
October 2nd, v;ells 1,
October 3rd, wells 1, 2, 3
October 4th, wells 1, 2, 3
October 5th, wells 1, 2, 3
October 6th „ wells 1, 2, 3
wells 1, 2, 3, 4 and 8.
wells 1, 2, 3, 4, and 8.
wells 1, 2, o, 4, and 8.
wells 1, 2, 3, 4, and 8.
they were measured on that date I believe
I think it is sLov/)-! on the exliiVit number 3.
wells, 1, 2, 3, 4, and 8.
7/ells 1, 2
wells 1, 2
wells 1. 2
O 1
4
4
^1
4
4
4, and 8.
4, and 8.
4, and 8.
and 8.
and 8.
and 8.
and 8.
and 8,
On October 7th they were measured with Mr. Trask and there-
after they were measured in company with Mr. Clark,
Q 2 or 3 times in the course of your testimony and par-
ticularly once neai' the close of the testimony that you gave
this morni!\3 you distinguished betv/eon the wells of L;ic Saj-i
Antonio Wat':r ComptiJiy and the wells and weirs of the Cucamonga
-- once or twice ^'■ou said Cucamonga Water Company and once
or twice I tViink vou said Cucamonga Vineyard Com'ian\': v;h.at
do you mean by those designations, particuliirl}?- Cucaraonga
wells?
A I am not speakin>; of the Cucamonga Vinej'ai'd Company's
wells or CucciJrao]iga Corapany's wellp or Cucaraon^^a Water Company's
wells. The ones "hich I measured under direction of Mr,
Purcell, as distinctive from the wells of the San Antonio
727
Wat
sr Company, simjoly.
Q
You do not mean to
indicate the ownership
of any of
tho
se -ivells or v;eirs?
A
No, I knov/ nothing
of the ovnership of the
property.
Mr
. CHAPMrl. Q Those
days on v/hich tl,ev;e_ls
we.-e pumping
and
on v;. ich tliere was
no measurcii.ient made v/ere all in the
year 1905?
A
All that I have recited here, yes, sir.
JOID^] MDDOCK.
JOmi FiADDOCK, a i
;/itness produced by plai
ntiffs, being firi
duh'- sworn, testified ,
as follows :-
D
irect Examination.
l^lr
K
. Waters: Q Waere
Cucamonga.
do you reside?
Hov; long have you
lived th:re?
A
Abo' t 25 years.
Q
How old are you?
A
54.
Q
Wiiat year did you
come to Cucamonga?
A
•82.
Q
Did you on then or go into the occupatior
I and possession
■4\
of
any land there?
A
Yes, sir.
Q
How r;any acres?
20 acres .
Q
Ti'iat place then be
came knc-.m as the Maddoc
k place?
A
Yes, sir.
Q
Is it yet kno -n by
th.at na'.ie?
I i
A Yes, sir.
Q Do you live upon it yet?
A Yes, sir,
Q Have 'ou lived upon i'. :ill the time since you v;ent there?
A Yes, sir,
Q Waen you first v^ent there did you get a deed imr.iediately
or some other kind of a piece of pa er?
A I got a contract in the first place,
Q Tou got a contract for the purcliase of t/iat land?
A Yes, sir,
Q I will ask ou to look at ti:at piece of paper. Did you
ever see that before?
A Yes, sir.
Q W at is tliat priper?
A A contract of purcliase,
Q Is that the piece of paper you got v/hen you vrent into
possession of the land?
A Yes, sir.
Q F -om v/hom did ^ou ::et it? What was tiie uian's nanie?
A Hi ygins .
Q Wliat v/as he doing there?
A He v/as the agent for the company. He was acting as the
agent for '-he company.
Q Did he put you in possession of any land?
A Yes, sir,
Q Wlat land?
A The land I have possession of,
Q Do you know the description of it?
A Yes, Kir.
729
Q Wliat is it?
A The noj^th half of t])enortiiv/est quari-er of 'he north east
quarter o section 15, tov/nship 1 south, range 7 v/est.
Q San Bernardino Base and Meridian?
A Yes, sir.
Q Have you r;ot any title deeds at home to that land?
A Yes, sir.
Q Next time you cor.ie in bring them,
Ur, V/aters: We v/iil offer this contract in evidence. (Con-
tract admitted in evidence as plaintiffs' Exhibit 9,
and read as follows:
PUINTIFFS' EXHIBIT 9.
Gucamong^ , San Bernardino Co. Dec. 20, 1881.
$50. Reed from Joim Maddock the sum of Fifty Dollars
gold coing of the United States, being the first of six
yearly installments of the Sftme amount , payable on the 20th
of Dec. of each succeeding year, with interest on the de-
ferred payments at iJie ra'e of eight per cent, per annum. On
the due pajiiient of all these installments, at the dates and
with the interest specified the Cucamongo Company engages
to Liake him a sufficient conveyance of tlie N. v, l/4 of
the N.V. 1/4, bf the ^. E, I/4, Sec. In, T. 1 S. R. 7 \7. San
Bernardino base ai^d meridian with rhe sai.ie proportion of the
water from the sprin^^-^s belonging to the company that his land
bears to all the land which can be reasonably irrigated for
senitropical culture with said .ater, resorvin^;^ a rigiit of
way over said land for the conveyance of ater to lots beyond
and along its border for roads.
J. H. HiQ^^ins, Agt,
♦JO
Cucaniongo Company.
Endorsed: Recorded at Request of Joim Ivlaaaock, AiJril 21st,
A. D. 1864, at 7:35 A.M., Book D of Agreements, page 326,
W. F, Holcomb, County Recorder.
Q ¥:_at v/as this man Higgins doing at Cucamonga?
A Acting as a^^ent of the company.
Q Was he or not in f)ossession of these lands v/hen you
cariie there, of the company?
A Yes, sir; the lands of 1_ e Company.
Q And he delivered this paper to you?
A Yes, sir.
Q And .\^ou i^aid him the $5C''?
A Yes, sir.
Q And you remained then in possession?
A Yes, sir.
Q I uncterstood you to say tfiat you went there in 'SS. I
notice this date is '81. Hov/ does it liappen?
A I bought it in '81; I moved on to it in '82.
Q At that time did you get any vjater in '82?
A Yes, sir.
Q In \ihat v/ay? Tiirou^j;^! ¥/ at kind of :, water way?
A A dirt ditcli; an open ditch.
Q And you used, the vater of tat how long in tlie earthen
ditch?
A I think it was only about a year or two, 1 or 2 years.
Q Tlien meAj did you use it through?
A They put it in a flume from the divide in ttie Cucaraonga
Vineyard to Archibald Avenue.
^ --J.
Q You got the water- in sonie v/ay?
A We got it in an open ditch from the flume to our ranches.
Q Did you remain 'here until 1886?
A Yes, sir.
Q And at tiiat tirae did any sort of a dispute arise be-
tv;een you and otiiers with the company?
A Yes, sir.
Q \Vhat about?
A Not having sufficient water. Tliey wanted to spread the
water further.
Q Did ^.'■ou settle that dispute?
A Yes, sir.
Q How did you settle it?
A By taking a specified amount of v/ater.
Q From what sources or source? You ,;jOt a deed for it?
A Yes, sir.
Q And that deed tells its own story?
A Yes, sir; we quit -claim deeded to them for our ri^t,
title and interest to the s^.rings and took a deed for an
inch to 8 acres .
Q And that was all in v/riting?
A Yes, sir.
Q Now ith reference to the making of an aqueduct for the
carrying of that v;ater: Did you have any understanding about
what you v/ere to do about tlie aqueduct?
A Yes, sir.
Q Wha;t 7/as fat ujiderstanding?
A V/e paid half for tlie putting in of the pipe from tlie
i:is.zx:j~^.
-j\v
)2
•/o2
1
division gate, from the Cucanonga winery, to the sand box
2
on Hellman Avenue.
3
Q Did you parties pay your part of the expense of that
4
pipe line?
5
A Yes, sir.
6
Q Did you get your water through that pipe line?
7
A Yes, sir.
8
Q At tlie end of fne 22-inch pipe line at Hellnian Avenue
9
was tr.:re anything to riBasure the v/aterin?
10
A Yes, sir.
11
Q Vfcat kind of a measuring apijaratus v/as t/'at?
12
A It was a two-inch slot under what was called a four-
.• 13
31
inch pressure of water.
AMIN
COURT.
-1-
Q V/h8.t I wajit to know is how nuichdiu the old settlers
M -.£ Id
a < u.
or you a^d your associates get out of the stream of water
It 16
at thot place?
17
A Nearly 34 inches. Not cjui e 34 inches.
18
Q How was it arranged with reference to the order your
)9
v/ater should come in, wtether yours was the {first water or
20
the overplus?
21
A Ours was the first. We took the underflow and they took
22
the overflow.
23
Q And ti en anv fluctuation of the stream went to vou or
24
the other parties?
25
A Any decrease went to them. We got out' amount and what
26
t ere v/as over our amount t he otherparties got.
27
Q Youi's was then a constant stream?
28
A Yes-, sir.
29
Q Without change?
/33
A
Yes , sir.
Q W en you began to get ater in that v/ay, in what year
was
it? If you don't remember the year, do vou remember the
occaaion? Did you begin ^tio get it when the pipe line was
put
in?
A
Yes, sir.
Hov/ long did ou continue to get it?
A
All I he time.
Q
Have you get it riglit dov/n to this date?
A
Not the full amount.
Q
Up to v/hat time did you continue to get your full amount?
A
I think it v/a.s about in ninety —
Q
How many years ago?
A
About six years, I think, since we didn't get our full
amount .
Q
V,Tiat use has be'.m made of that water?
A
Irrigating treos.
Q
Do you remember v/here the ail', erent farms of the old
settlers Y/e e situated?
A
Yes, sir.
Q
Are you familiar with the lay of the country v/iere these
farms are?
A
Yes, sir.
Q
(Showing witness map.) Say this yellow line is tlie 50-
inch pipe line beginning at the s. .rings and n.nining do\m to
the
brick hotel. The 22-inch pipe line extends from that
to
the point marked 5. From there can you state w^ ere tiiose
famiF! were that ti(ae old settlers irrigated? Do \rou r^-scognize
them as located on this map?Here is the ond of the 22-inch
84
pipe at the figure 3, at Hellnan Avenue. Do ycu recognize
the location of those places, or not?
A No; I do not.
Q All riglit. T at ends it. I don't want an:y'thing a man don't
knov; .
Q Du.ring this time t -at you lived at Cucamonga did you
ever :^;o up and look at the Cucamonga Creek? Did you ever
see it?
A Yes, sir.
Q Do you know anything about estir-^.teing quantities of wat-
er? You liave irrigated v/ith tliat stream at Cucarnon:'a?
A Yes, sir.
Q And you Jiave irrigated there with v/hat kind of a head of
water? \T&iat amount of '.7ater?
A All the v/ay from 34 to 60 inches.
Q When did you first see the str:aaiii of Cucamonga S rings?
A In '74.
Q How big a stream was it henlil
A We crossed it in 1/Iarch, '74, and it came up to Uie hubs
of the wagon in '74.
Q V/liere did you c ross it?
A Right below v/here the Iridge is nov\r.
Q Quite a stream?
A Yes, s'r; it was then.
Q How wide v/as it?
A About 20 feot wide.
Q Did -^ou see it in the sumLier season or irrigating
season of any year after that?
A Yes, sir; I crossed it every once in a \7hile since.
/S5
^ You have seen it in WB.ny irii.jating seasons in t,he
sui:imer since?
A Yes, sir.
Q About how big a stream has it ususally been v/hen you sav;
it priot to five or six 3/ears ago?
A A couple of hundred inches through the surmner time, and
in the winter time and fall it was more tlian tl:at.
Q During t-ie time tliat you lived tl:iere at Cucamonga about
how much v/ater does the stream usually j'un in the suriuner
time up to the time cf the shortage tliat you spoke of?
A From 150 to 200 inches.
Q Wliat did ;^'-ou notice as happening at about the time the
stream from the Cucamon^ Springs got smaller or decreased?
Fiiat did you notice v.'as happening about the country there?
A Developing and tunneling and putting in wells, and tiie
water decreased.
Q It was after tLat t at you noticed the shortage?
A Yes, sir.
Q To Tshat extent did the stream shrink in tlie course of
time?
A It v^ent almost diy.
Q How low did you ever see it?
A Tliere was just a little bit of a stream; may be a couple of
inc'ies.
Q And when v/as tnat? W at year? How many years ago?
A I don't recollect.
Q V/as it 5, 10, 15, 20, or 30 years ago? Give us some
kind of an idea.
A Threoor four years ago.
r-;^-,-'T-
oo
Q At ail" tii!:ie v/ithin the past three years or during the
time v/hen this v/ater of t'- e springs had been low, have you
ever seen water v/asted an;^'^;/here in tliat neiyliborhood?
A Yes, sir.
Q Where liave you seen water wasted?
A I have seen v;ater wasted on the north side of the San
Bernardino road, west of wliat is called the Eady tunnel.
I sav/ water v/asted south of Ei-_-;;hth street and east of
Campus Avenue.
Q Of ;;hat colony is Eiglith strc-;ot and Campus Avenue?
A Ontario.
Q Can you mark it out on that map of Ontariol Can you put
your f i ger on that place?
A I think I can. It does not show 8th street on here . It
shows the railroad. South of the railroad, and I should judge
dov/n about here some place.
Q Can you put your finger on the place?
A I think about there. It don't shov/ the rc-ad. Tneve is
the railroad. Tlie v/agon road runs south.
Q On tiie division line between lots 637 and 638, at the
point on a diagonal line, where there is a circle? Is tliat
it?
A Yes , sir.
Q How rai.ich -/ater was wasting there , about?
A Well, itfluctuated. Sometimes there v/asn't very much
and sometimes it ran 50 or 75 and sometimes 100 inches.
Q How many times did you see it wasting there? More than
once?
A I have seen it a number of times.
'37
Q Wrien was "ftiat? About how many years ago?
A I seen itlaiit fall, in EToveniber, December and January,
and I seen it t'le year before last.
Q You mean the winter before this last winter?
A Yes, sir.
Q About how much did you see -.vasting there winter before
last?
A It ran about tiie same, Sometimes ■ there wasn't very-.much
running out, and sometimes there Y/as a big stream running
out. Someti;;ies I should judge from 75 to 100 inches of v/ater.
Q Was that at a time v^hen Cucamonga Springs were shcrt?
A Yes, sir; it was at a time '.-hen vre were pumping water.
Tlie Court: Q ^Oriat was it ninning out of?
A Out of the cement pipe .
Q Where does tiiat cement pipe extend from?
A I can't tell vhere the water came from, but the pipe line
came do\m through Upland. I don't know './liere the water came
from.
Q '.%s that pipe line oo nnected v/ith any of the Cucamonga
systems?
A No, sir; Cucamonga don't run over there.
Q Doesn't one Cucamonga line run over above tr.at and con-
nect with the Ontario s^/stem?
A No, sir. Not Cucamonga. Ontario has a pi-e running in
north.
Q I mean a line from the Cucamonga neigliborhood?
A Yes, sir.
Q Have you seen v/ater vrasting anywhere else on that west
side at any time?
V38
A I think not. I don't rex-ieniber of any other place.
BY m, HASKELL:
Q Do you know where the Eady tunnel is?
A Yes, sir.
Q Did you eversee t}ie cienej^a near tlie head of tJie Eady
tunnel on the surface of the ^[ji'ound?
A Yes, sir.
Q When did you first see that?
A About '83.
Q Was tLere any v.-ater rising there at t at time?
A Yes, sir.
Q Ibout hov/ imch?
A At the San Bernardino road I should judge there v;as
20 or 25 inches ru ning across the road.
Q Was there any more tlian one cienega at the v/est side of the
red hill?
A V/ell, there was a continuous string of cienegas along
tliere. Yes.,: there was nore tiian one. There 7/as a string of
them along tliere .
Q Was t: ere rising water in each and all of tbem?
A Yes, sir.
Q Were tliere any trees growing there?
A Yes, sir.
Q What kind of trees?
A Different kinds. Alders, sycamores, v/illows.
Q How large were the sycamcres when you first saw tl em?
A Some of *hem were big trees.
Q How big?
A One tiierc was five or six f ' -^t througli.
V39
Q
W':;en you first sav? t ose trees in w at condition v/ere
t" ey as to being grov/ir]g and vigorous?
A
Tliey were growing nice.
Q
Have you seen those troos in tlie last year or t./o?
A
Yes, sir.
Q
In what condition are tiiey nov/?
A
Dead .
Q
VJb.en you first sa:? tliose cienegas v/ere tliere any grasses
gDO
Hing there?
A
Yes, sir.
Q
Any tules?' • ' "^
A
Yes , sir.'.
Q
To -vf at extent?
A
It v/as wet and r.iuddy.
Q
To wliat extent v;ere those grasses grov/ing there?
A
T-ey gro ed big.
Q
How ms.ny acres of cienoga was therj on tlmt side alto-
get
he r?
A
Well, it is pretty hard to tell in the shape it was in.
Probably 30 or 40 acres of cienegas there.
Q
And in the cienegas you include wiiat v/as the round
in
which there was -/ater rising?
A
Yes, sir.
Q
\%ia.t is the condition of the grasses there ^ow?
A
It is all in grain nov/. It is dry and it is in grain.
Q
Is there any ri s ing^water on tiiL^t side on the surface?
A
No, sir.
Q
How long since there has ceased to be any?
A
Since they ran the tumiel.
/ ±'<y
Q About when v;as "!■.. at?
A I don't remember v/vat year they conir;ienced to nan it.
Q You don't mean the year wiien the tunnel was first put there?
A Mien it broke t. rough the clay and ;-jot into the ,/ater
strata the v;ater quit flov/igg there.
Q Did t-.ey quit gradually?
A No-- Yes, t:;iey quit gradually.
Q V/liero vvaa that water first taken to and distributed far
irrigation when the tunnel was first completed?
A Cucamonga.
Q Were the v/aters commingled and used for irrigation as
taken from tlie v/est side with tiie waters that were taken
from the east side of the red hill at any point?
A I guess it v/as ; yes.
H'lr. Waters: Q This land vliich used to be boggy that you
have described, the cienegas,-- take for instance the ciene-
ga on the east side: Were you familiar with the springs and
cienegas on tlie east side of the red hill?
A Yes, sir.
Q When you first knew them how boggy were they?
A It was all cienega and wet springs rising all around
there .
Q Gould you go across it with a team?
A No. You couldn't go across on foot unless you had gum
boots on.
Q Ho?/ is it no¥/?
A I have it all ploived up and put in corn and potatoes
and grain.
Q So the surface is now-- A No v/ater rises tiiere at all.
V4i
41
8
9
10
11
12
< i"
«.i 15
n < 111
- a.
_; o 3
ri6
17
18
19
20
21
22
23
24
2o
26
27
28
29
Cross Examination.
Mr. Ciiapiian: Q You say the waters from this Eady Tunnel
are coiaLiingled with the //aters of the east side: Wiiereabouts
is it mingled?
A In the reservoir aboit three eighths of a mile south of
the Santa Fe road , oia Arhhibald Avenue .
Q r at is , south of your place?
A Yes, sir.
Q And all of these ranches belonging to the old settlers?
A No; they can turn it in up in the red hill. Mo, it
coiaes do\wi the San Bernardino road and connects at the
school nouse. That is r.he north line.
Q \71iat do you mean by the north line?
A The north line runs in the San Bernardino road and con-
nects at Archibald Ave nue v/here the street is, and runs into
the reservoir a couple of hundred yards, probably, west
of Archibald Avenue on the San Bernardino road. That is t.ie
north connection. And the south connection is dov/n below
the Santa Fe.
Q Where does t::at north co nnection — where does t/.at water
come from?
A It came out of the Eady tunnel.
Q Did any of the waters of t.ie ./est side ever come into
the old set'-lers' pipe?
A No, sir.
Q What time of the year 1874 was it tuat you crossed the
Cucamonga stream and found it to be 20 feet wide and up to
the hub?
A In ilarch.
42
?42
1
2
3
4
5
6
7
8
9
10
11
12
.- 13
■I
2 1; ►-■
z 1= 5
M.i 15
a < jj;
_: o D
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18
]9
20
21
22
23
24
25
26
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29
Q And aboit wiiat velocity had trie vrater there if you knovr?
A Oh, it ran pretty swift,
Q When 77as the next time tj at you saw tliat creek at tlie
sanie place?
A It was in the latter part of June of the saj'iB year.
Q Abont hov/ much .atsr y^.s there tiiere L.en?
A The Vineyard Company had part of it turned out on their
place; probably 100 inches; and there was probably tv/o or
three hundred inches running do\m the wash in June.
Q ¥nen did vou next sec it?
A It '»vas about two years a^^ter that .
Q T at would mske it in 1876?
A Yes, sir.
Q And in vi^at time of t..e year?
A I think it v/as September,
Q About how iiwch v/ater v/as there flowing there t-ien?
A Part of the water v/as ruiining down the wash and part
running to the-- some of the old settlers got part of -.he
water.
Q How mi;.ch was floifdng in the creek at fiat time?
A Probably 50 indies flawing in the creek.
40 or 50 inches.
Q When didyou next see it?
A In 1881.
Q Miat time of the year vms t^iat?
A That was in the fall again; about September.
Q About how much water was there flowing theri then?
A I don't thiiik there was any flov7ing down the v/ash. I
think they hati it all out .
43
3
4
5
6
7
8
9
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12
z * £
«.i 15
_; o 3
i" 16
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29
Q About hov/ mucii vas there in tiie creek before they took it
out?
A I didn't ^^^o up the creek and I didn't see none in the wash.
Q As a natter of fact, the amoimt that flows in the creek
fluctuates very considerably'"? It is very different in dif-
ferent years, is it not?
A Well, that crock don't fluctuate very much. It hasn't
fluctuated very much, only in the spring when the water is
up.
Q Is the fluctuation considerable during the season from
the spring to the fall?
A In the s uminer time ?
Q Yes, sir.
JS Ko; not veiy much; it didn't use to be.
Q 'fnat vras the first tunneling donv/ in that section to your
knowledge ?
A I don't recollect. I v/as tliere when they started the tun-
nel, but I don't reuember wliat year it was done.
Q Do you know anything about \tist is called the Y tunnel?
A Yes, sir.
Q Do you know when tiiat was constructed?
A No; I don't recollect the year they started. It started
up right away after we raade the transfer. I can go to the
records and find out. Ri ht av/ay after v/e made th&^transfer
t ey went to tunnelin,g.
Q Do jrou know anything about any trenciies that were cut in
those cienegas?
A Yes, sir.
Q About when were they coraiienced?
V44
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2
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6
7
8
9
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13
- K C ^ ,
s.iis
EQ < ui
16
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29
A Tlia.t was nade about the time t.iey \rere starting to tun-
nel ; the trencries are there yet .
Q Haven't there been trenches cut there from time to time ,
extending over several years?
A Yes, sir.
Q Prior to the 3^ear 19C)0?
A Yes, sir.
v; Do you knov/ an Khing about the time the Eady tunnel v/as
coiiimenced?
A No; I don't recollect the time.
Q Have you any idea of the length of time it has been since
they began?
A No; only just ri ^:it away after we made the transfer, and I
don't remeriber the year to made the transfer.
Q Was the Eady tunnel made right away after you nade the tra:.a'
fer?
A Shortly after
Q What transfer do you refer to?
A To w at is called the Cucamonga Water Company, and we took
an inch to 8 acres .
Q In lieu of tne '/ator right which you .ad previously claimed
A Yes, sir.
Q So thctt riglitaway after tliat vvas done this 22-inch
pipe was laid and the "Y" tunnel was comrasnced? Or •..'as the
"Y" tunnel corxienced before that, or do you kno\7? This "Y"
tunnel vas cormenced about tiat time, and the Sady tunnel
also?
A Yes, sir.
r
6
7
8
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10
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X 13
a}
2 •- !-■
sog 14
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74i.
Q And the trendies cut abcut t.:ie B,ajae time too?
A I think they v/ere cutting the trenches before t?iat tine.
A LIr. Sinith had charge there and he put in a concrete daiii and
cut some trenc' es in there, I think, before anything v;as done —
before any transfer or anHhing.
Q When you first began tiie use of v;ater, you say it v/as
through an o/^en ditch?
A Yes , sir,
Q Y/ho controlled and nianaged t at ditcli or claimed it at
t at time?
A Miat v;as called the Old. Settlers.
Q Did they construct a ditch?
A The ditch was made before I came there. There \7as a
ditch made there in '74.
Q Did the ditch conduct the .vater dov/n to the place "sliere
the old settlers began to use it?
A Yes, sir.
Q By those old settlers do you mean the persons who held
the rii^hts to the 33.84 inches?
A Yes, sir.
Q About ho'j long after that was the flume put in?
A I think it v/as in '83, in the fall, — in August, I
believe it was, in '83,
Q How long did you continue to use that flume?
A Until this pipe was put in.
Q And the pipe v/as laid about when? Tliat was rigiit after
the transfer?
A Yes, sir; ri^;iit after tlie transfer, but I don't remember
the year.
'46
V4t6
'■> 1
Q
And t at pipe iias been used e-. er since for the purpose of
2
conducting the v/ater over to the old settlers, vThere they
3
got
'heir proportion in the pipe?
4
A
1*
Yes , sir.
5
■■"i
Dur ing tliat time until tlie last few years, y uu had the
6
full 33.84 inches?
7
Yes, sir.
8
Q
And it was a constant flow?
9
A
Yes, sir.
10
Q
Used by the old settlers, I suppose?
11
A
Yes, sir.
12
Q
Were you using it all the time?
.- 13
A
We didn't use it in the winter time.
Z >- K
- E ir , ,
Q
Did tlie v/ater flow in tiie pipe in the v/inter tkie?
5 ui "
7 ac q:
«.i 15
A < ui
— (L
A
Yes.
-; o =
ri6
Q
Never ceased to flov/? And it was used for domestic water
17
also?
18
A
Yes , sir.
]9
Q
But you didn't use it for irrigation in the winter time?
20
A
No. Nobody used much of it. It was tr:ere if they wanted
21
to
use it.
22
1)
But a;- a matter of fact you didn't use it?
23
A
Not in the v/ inter time.
24
Q
This v/aste water which you saw, what time of the year
25
did
you say tiiat was?
26
A
In '95, I think.
27
Q
'7i]at did you mean by waste water? What was it tiat caus-
28
ed
you to regard it as v/aste ater?
29
A
The v/ater that I speak of north of he San Bernardino
747
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road call© from the ssaid box aiid flov/ed dov/n to the iroad,
and at that time a part went e ast and a part went west,
in the c ul verts, and dov/n in tne brush?
Q. Did you knav the cause of it?
A No, sir.
Q You don't knov/ where it caine from?
A It ca':ie from tiie dand box just above the road.
Q Wliereaboufc s was it t^^at you say/ this v/aste water?
A I should judge it was al^out half a mile west of the
Eady tunnel.
Q From the mouth of the Eady tunnel ?
A Yes, sir.
Q Wnere was' the sand box?
A Ri.:}it above; probably 100 yards above the road.
Q How was t. e water conducted from the sand box to the
place where you saw the w ste water? Or was the waste water
coming out of the sand box?
A Coming out of the sand box.
Q Then whore did it go to?
A Down in the -irush; dovrn into the v/asii.
Q Wasn't conducted into any sort of a cenduit?
A No, sir.
Q You say you don't knov7 the cause of it?
A No, sir.
Q You say you saw it several diffef'ent times?
A Yes, sir.
Q At what intervals? Over about wlnt space of time was it
tliat you witnessed this waste water flov/ing?
A Two ortiireo months.
748
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1
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5
6
7
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a -. £ Id
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Q And how often did you see it in t'lat tv/o or three montiis?
A Sometimes I vjas over tiiere four or five or six times a
month and sometimes not more than tv^o or tnree times.
Q During tliis tv/o or three months that you are speaicing of?
A In each month.
Q And it was flowing continuously?
A It was flo.ing wlesn I went along.
Q But in varying quantities?
A Riglit dovm south of the track-- I dich 't see much differ-
ence in it north of the San Bernardino road. T at place
that I spoke of south of the San Bernardino road, sometimes
there wasn't any -ira.ter flowing, aometimes asjuall stream
flo7/ing and sometimes a big s ream flowing .
Q North of the San Bernardino road you say it was differ-
ent?
A Tnere was a big streai"! flowing there.
Q But it was different from v/hat there was on tlie south
side?
A Yes, sir.
Q Did the waste water which came from the south side and
tlie water which cane on tlie north side come from tlie same
place?
A I couldn't tell you.
Q Did you know where either one ceuae from?
A No, sir.
Q I thou'iit you said it came from tiie sand box?
A Yes; but I don't know v;here it came from.
Q Did the \mtercane from the sa me sand box?
A I didn't soy so .
49
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ai
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'V_
Q But did it?
A I tliink on the north side of the San Bernardino road it
caine out of the sand box, and that on the south side of
the railroad caine out of the concrete pipe.
Q It was ■■astin^ then from tv/o different places?
A Yes, sir; from tvo different places.
Q Didn't you testify in y':.ur direct examination t at some
times there was a very little water and sometimes quite a
little str aam,-- from 50 to 75 and , you thought, possibly
sometimes 100 inches?
A Yes, sir; I should tiiink so; sometimes a big streiam.
Q l^Qien you v/ere talking abcut sometimes there was very
little and sometiDies a great deal, wiiat did you reie:- to?
A South of the railroad.
Q Hov7 v;as it north of uiie railroad?
A Y/lien it ■ asn'ij raining it se^-imed to be running about
the sar.ie .
Q About how much?
A I should judge a couple of hundred inches.
Q Do you mean at the time t at you sav^ the vaste water
there, from 200 to 275 or 300 inches,-- or did the 200
inches include —
A There v/as probably from 150 to 200 inclies running out
north of the San Bernardino road.
Q And then south of "'.he San Bernardino road the .-.'ater
that flov/ed out was not a part of .he stream tliat flowed
out of the north side?
k 1 don't know ?jliere tiie water caiue from.
Q You don't know ''.ere eit;ier one of tiiem came from original •
50
1
2
3
4
r
6
7
8
y
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z 1: ^'
z «: £
M.i 15
ffl < JJ
_• U 3
17
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7bt
A Mo, sir; I ' an't say where eitljer one of t.hem caae from.
Q VAiat I am trj'-ing to :et at is did the .ater flov/ing out
at the north side flov/ across the road on to the south side,
and as the v/ater that you sa?/ on the south side water that
cajne out of the sand box on the north side of the roa d?
A The tv/o places are over a jidle apart. The one on the
north side of the road divided and went to the bridges a; d
dovm into the brush. Tlie one on the south side of the rail-
road track ran down into the brush.
Q Tou scy the tv/o points, the sandbox and the pipe from
which the water was issuing, was over a mile apart?
A I guess it is more than a mile apart; a mile and a half,
I guess.
Q You didn't look to see feat was the cause of the v/ater
being so much at some times when it v/as not so at other times?
A Ho, sir.
Q Did you ever say anything about it at the time?
A Yes, sir.
Q Did ;"ou make any complaint about it?
A I riidi't enter no complaint.
Q It v;as not affecting you personally?
A Only last fall, I spoke about it tlien. Tliat was the
only time I made any statement about it.
Q It was not affecting you per.-onally, was it?
I^. Haskell: I object to that as calling for a conclusion of
the witness.
Tjie Cdu -t: It rai^^t and it mi^^ht not.
I'vlr. Haskell: We will withdr-w the objection.
V51
'51
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M -, £ 15
ffl < jJJ
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t" 16
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Mr, ISJlTaprnan: I guess you have done all the harm you v/anted to.j
Q You didn't take the trouble to investigate tiiat and see
where it car.ie from, or anything about it?
A I know './here it cane from througli the ,ords of the '
zanjero, if you \imit to know. He told me v/here the water
came from and v/here it went to.
Q Did he tell you how it happened to be going t ere?
A Yes, sir.
Q Tliat was in the fall of 1906 or '5?
A He told me that was the waste ditch, and when they
didn't use the water they turned it dov/n in the brush.
Q T::en you didknow how it happened there?
A Only from i-jiiat he told me.
Q Tliat, I believe you said, was in the fall of 1906 or
1905?
A '5 and '6.
Q You never observed it before?
A ¥es , sir; tlere lias been water running out on the south
side of the track sometimes before in the winter tirje.
Q Do you know when tlae bulkliead was put in the Eady tun-
nel?
A I think in January.
Q Last?
A Yes, sir.
Q Bef ere that the water of t!iat tunnel ran out all the time?
A It ran out-- not all tiie time; tere v;as './ator running
out there.
Q 'JlOriat was to prevent its ruiming out from ^iie mouth of the
tufinel, whether it went to n^ste tr anything else?
I
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A It r;;n out of the tunnel; yes.
Q And the bulkhead was put in to prevent its running out?
A Yes , sir.
Q And up to t' .t time there via.s no means to prevent it?
A There was none running to waste then.
Q I am talking about its running out of the tunnel — out
of the mouth?
A I haven't been up to the tunrel since then.
Q I mean before tliat. Before the bulkliead v/as jout in tliey
had no way of preventing it running out of the tunnel?
A No, sir.
Q A great deal of the time they were using it all, I sup-
pose?
A Yes.
Q Do -^ou know w' ere the Blackburn Addition, so called,
is?
A Down south of the Southern Pacific.
Q Do you know as a fact t at part of the v/aters v/ero being
used dovm there and carried there in a pipe line?
A I know it was carried dov/n there in pipe lines.
Q Do you know by wna.t pipe line it is ca'-ried dov/n? Wlio
manages or controls it? Isn't it tlie Cucainonga Water Company?
A Tlie Cucarnonga Water Company made the pipe lines down tiiere.
Q Do you know -jho it was or W-at corporation it was that
constructed the Eady tunnel in the first place?
A It is called the Cucamonga ater Compaiiy, unaor :-r.
L^/nch's administration, and WrL^hti.
Q Did the Cucamonga Fruit Land Company have anything to
do with it originally? A Yes, sir.
75.
'53
6
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Re -Direct Examination.
Mr. Has'- ell: Q D^ you knov/ v/here this sand box is tiiat you
have spoken of in reference to the pipe line of the San
Antonio '.'ater Company leading westv/.^rd from the Eady tunnel?
A It is on the pipe line; tiiat is • -here the pifje line runs,
Q It was an opening in tue pipe line of 'he San Antonio
V/ater Company, v/as it?
A Yes, sir.
Q You have knov/n the Cucamonga S^jrings aincij 1874?
A I nevar was up to the springs; I cDussed the road
tl'ien,
Q You have kno\^Ti them since '53?
A Yes.
\liere are those springs located v/ith reference to the
red hill?
A On the east side of the red hill.
Q Any on tlie west?
A Yes.
--0--
E. T. \VRIG-hT.
E. T WlIGrHT, here ;.bf ore sworn and examined, being
recalled for nlaintiffs, testified as follov/s:
Dire c t Examinat i on .
j.Ir. Britt: Q. Look at Ihis tabulation Exnibit 3. In the
coluj.m under the Ib ad of "Observer" at the lei't of the
tabulation, at the date A^ril 20, 1904, the name E.T.Wriglit
appears as tl^e observer of various phenomena, which
from tlio testimony alread introduced I understand to be
'54
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V54
recorded on this tabulation. Did you make o servations or
measurements of wa':>er and measurements of '.veils which are
r corded on this t&i?ulation, at t: at time?
A Yes, sir,
Q i\nd does this tabulation sliow correctly in the several
columns appearing here tiie results of neasurments v/hich you
made at the several dates follov/ing your name, corxiencing
with April 20, 1904?
A Yes, sir.
Q At various points in the ssiae coluiiin mnder the lead of
"Observer" are the initials E.T..'. and J.O.il. Do you know
Wiiat those signify?
A E.T../. means E.T.Wriglit, and J.O.M. means J.O. I'larsh.
Q i^ind E.T.W. are your own initials?
A BYes, sir.
Q Indicating that ^^ou joined with Ltr. Marsh in liiaking the
measurements which are exliibited on this tabulation?
A Yes, sir; we took them separately, but \:g './ero both
present.
Q At sundry points following April 20, or after Sf^ril 20,1904,
your initials ap^B ar and sometiues in cormection with other ob-
servers .State \.-hether tiie observations which you then made
have been placed on tliis tabulation correctly, or, rather,
the results of '^lie observations and measurements?
A Tlie results of t; em have; ^'"es, cir.
Q Tlie last entry in which your name appears is under
date April 30, 1907, Wriglit, Purcell and Koebi^. Tlie meas-
urements whicli follov/ that da. e and those names as observers,
are correctly shovn on this tabulation, are tliey?A Yes, sir.
i
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Wr, Britt: In tiiis cormection vre offer the rest of this ex-
hibit 3, so marked. Tlie neaijurenients made by I.lr. Wright, and
by him in conjunction v/ith ot'.ers, the figures shovm in the
apjjr cpriate c olurons •
A copy of said ei±iibit rray be found at the end of the trans-
cript of this day's proceedings, to-v,'it, at page )
Cross Examination.
Itlr. Chapiian: Q Have you put on th t s::eet all the neas-
urements t.:at you rmde?
A I think so, iir, Chapiian. The one list of wells tliat we
are measuj-ing regularly, I thinly I put them all on the sheet,
Q Did you measure fi-Mlier wells tliat you didnot p ut on the
sheet?
A
A No, sir; no other wells at all. We measured one little
weir that v/e eall 8-1/2 or 8 a, viiich is at the old settlers'
box, which should represent one -half of the water of ttie
creek, and '.'e never put that down in the tabulation because
it should be just one-half of weir no. 8, aixl we didn't keep
aury track of it on the list.
Q You mean "here they received the v;ater?
A Yes, sir; on Hellnan Avenue from tiie 22 inch pipe.
—
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V56
S. G. COUSINS.
3. Gr. Cousins, heretofore sv/orn and. esaimied, being
recalled by Interveners, testified as follows:
Direct Examination.
Mr. Haskell: Q Have you examined the transcript of your'
testiiiony as oade by tlie official reportei-?
A Yes, sir,
Q Do you find any correction in that testioiony tjiat you
^ve here ti]at you desire to correct, aa it apjjears in 'die
transcript?
A Yes , sir.
si You Liay do so now, begmiuiing on page 554.
A Between lines 7 and 8 tnere should be another measurement.
April 4, 1907, elevation , 13M.94.
On page 560, line 11, it sliould read 111-1/2 or 111.5
instead of 135.
'.j On pag^ 544 line 2 it should read "Haskell well" instead
of well No. 5.
On page 545, line 10, it should read 1369.25 inctead
of 1268.25.
— 0--
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S. P. KING AID.
S. P. KINCAID, a witness produced hj plaintiffs,
being first duly sv;orn, testified as gollov/s:
Direct Eiiaiaination.
Mr. 'Vaters: Q Wiiere do you live?
A Cucaiaonj^a.
Q How old are ;'ou?
A Tliirty-eijiiit.
Q How long have you been acquainted with t c t section of
country?
A Mi tliat time, more or less.
Q Ho\Y long have you been acquainted v/ith or fsjailiar \.ith
the place called Cucamonga Springs or Cienega?
A I liave been acquainted with them ever since I could ride
horseback. I suppose that was about when I v/ac six or seven
years old, I commenced riding.
Q Has tht water been talcen out for irrigation ever since
you can rer.iember?
A Yes, sir; on both sides, I guess, ever since I can re-
member. They took it out on both sides.
Q Now that part of tlie i/ater of thLt section v/hich is call-
ed Cucamonga Springs and the Cucajjonga Sienega Springs
stream, that flows on the east side of the red hill, where
v/as that used when you first knev/ it, for irrigation?
A V/ell, it was used at the old v/inery; tliat big open
ditch-- I suppose that v/ent to the old settlers at tiiat
time; I wasn't very well acquainted at t.:at tims , v/here it
went to,
w. One ditch went to tlie vineyard?
58
!
758
1
A
Yes, sir; one ditch went to the winery.
2
Q
And the other went easterly?
3
A
Northerly, in a kind of an o val shape.
4
Q
For v; at purpose was t. at water used?
5
A
F r irrigation.
6
Q
Vias it usod every year?
7
A
Yes, sir.
8
Q
Wlien did ''ou first becane familiar v/ith the v/ater of
9
tiiat streaLi with a viev/ to Imovang anythirig abcut the
10
quantity of v/ater that flowed in tlie stream usually?
11
A
On v/hich side?
12
Q
Tlie east sid§, I am talking about.
X 13
•1
A
About wiiat year?
<i3
A
It m ust have been about '88.
2 0= 5
«.i 15
a< J,
Q
In what kind of an aqueduct v/as the v/ater used when you
-OS
first knev/ it?
17
A
It was a pipe line at tliat time; it was all piped.
18
Q
Did you ever use any of tiiat v;ater for irrigation?
19
A
Yes , sir.
20
Q
When?
21
A
In about '87.
22
Q
At V7 at place?
23
A
OiJL w:iat \ie called the old homestead; mother's rancii.
24
Q
l.'ihere is tliat place situated?
25
A
That is right between HellnRn and Archibald. It joins the
26
Santa Fe track on the south.
27
Q
How many acres are there in tiat place?
28
A
24.
29
Q
And v/liat quantity of water did you have in use on the
« -
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V59
place?
A We got the full flow of 33-- protty near 34 inches. I
don't knov/ ho-; nearv/e got it, but once a month, we got tv;o
heads, and for the follov/ing month we got three heads, and
I think we got a lii tie more than wijat naturally belonged
to us.
Q <i'as that part of v/jiat v;as termed the old settlers water
right?
A Yes, sir.
Q Ycu took it in turns among eachother?
A Yes , sir.
Q And you divided it in tine ratner tlian in cjuantity?
Tiiat is, you didn't get a litule continuous straani?
A No.
Q You got it in leads?
A Yes, sir.
The Court: Q Was it used from the start?
A Ever since I can remember.
Iilr, Waters: Q Dui^ing these years that you liave knov/n tliat
water was it necessary?
A Necessary for water?
A Yes, sir,
A Yes, sir,
Q Those lands require v/ater to make profitable crops?
A Yes, fc'ir; you couldn't raise an orar^e t. ere ithout water.
Q How was it with respect to raiether you used the water in
the v/inter as v;ell as sui^imer?
A You know, -m used tijat viater as domestic, and the
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■ 71.
Cucanoiiga Y/ater Company at that time after I went there, --
they h^d to l:ave part of the v/ater, so v/e alv/ays got our-
33 or 34 inches, vdnter and sujiiner, We had to make use of
it and iiad many scraps over it to see v/ho vrould take the
day w:en it carae around. V/e had to take our water, rain or
shine, each one of us, except v/hen it flooded over ojid closed
up the sand box. It mi^;ht be a week at a time to clean
it 'I.
it out so that the ■ater would oome a^^in.
Q You did use it for domestic use all tlie v/inter?
A Yes, sir.
Q. Ind you- kept it running all the time?
A Yes, sir. In tlie last few years I iad to make otlier
arranu,ements. It ^^ot so short t]iat I had to buy some stock.
Q I am talking about before the shortage occurred.
A We all used it.
Q Mien v/-as the first time the first shortage occurred in
tlmt 33.84 inches?
A I think it coo.ienced to shorten in about I'rOl or '2;
aiong about tliat time.
Q Did that sliortage operate to tlie injury of those people?
A It did, up to the time we had to put in pumping plants,
to got our water.
Q This vrater was gravity water that you had? A Yes, sir.
Q And th t was w tliout ex^jense? A. A si-^all expnse for
zanjero's fees.
Q You diaget another supply after this gave out? A Yes.
Q Was tliat also v/ithout exi)ense or with expense?
A Very expensive at that time.
— ^ — Has it alvfays bef^n p.TViPinsivp. sinr.R y<r\\\ had tn pump?
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Q Nov/ tJiis 3o.84 inches that has flov/ed in this pipe line,
from v.hat source has it been obtained, from v/hat s rearn?
A Vifell, from the Cucamonsga Sprin;;;s, it woud be,-- of course,
ouit v/ater would be ri-ht north of the olff Park Hotel.
Q Y/as that the sou rce during all tlie time up to the time
you had to go to pumping?
A I worked for theCu amonga '.'ater Qonoajij — v/hen our water
was short, a little short, they used to take some wa er to
make up for us, from tiie Y tunnel, and brought it dov/n and
turned it into the bOK.
Q W enever the stream did get IM and there was water in
the Y tunnel, they v/ould supply the deficiency from the Y
tujiriel?
A Yes, sir. I worked for the Company during t. at time.
Q V/ at years v/ere those?
A Thosewere about 1891.
Q Taat is some 16 years ago?
A Yes, sir.
Q "Hie Y tunnel is situated in the cienegas, up above the
point of diversion from the stream?
A Ri];lit nor'h of tlie winery.
Q Wiiat 'lave you observed if anjrthing, relative to the
decrease in the flow of waters out of Cucamonga Springs,
into ""he Cucamonga stream, if it jias boon natural or decreat'ea?
A Of course there 1ms been a big decrease in iti,i in the
last six or seven years.
Q Have you noticed that tiat h-is been coincident with or
happening in conjunction with something else t at happened
at the same time in the neit^^hborhood?
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A J st in ny ovm mind, of course —
Q I am not talking about yom- mind, or your opinion, I am
talking about your observation: Was the decrease of v/ater
in this stream coincident with the happening of anything
sise, aiiy other event, about there?
A Of course, those tunnels and things opened in there, v/ere
bound to decrease the water.
Q I am asking you if he tv70 things didhappen together,
th£:t is all I am asking you. Did the v/ater of the stream
decrease coincident •,/ith the happening of anything else?
Did it or d id it not?
A Yes, sir.
Q Did tlie v/a or ever decrease materially before those
things happened?
A No, sir.
Q You have had dry seasons before, haven't you, thit is to
say, years when tliere was a li^t rainfall?
A Yes, sir.
Q Did tliat stream ever decrease to flov/ as iittle as
33 inches before tiiat?
A Not as long as I could renienber.
Q About hov; low nad you ever s en tlie stream in tlie driest
season before?
A You mean in the wash tliere?
Q Tliat is v;h^t I mean. Hov; lo,. had you ever seen it before?
A Of course, that is a hard question, but just to take and
look at it, I don't think I ever sav/ less than 150 inches
in there.
Q Have you obse:^ved the dif ferenc :- in the ap|)earance of the
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surface there about those springs, since these various v/ells
and tunnels and pumps have been constructed?
A Yes, sir.
Q Just describe to us wisat clian^e t ere is.
A You take it in '84-- v/hen we first canie do-.m in '62, v;e
couldn't v/alk over the springs, lots of places it v/as so
swampy you couldn't v/alk over it, and it v/as wet and tuleys
and grass t ere; Nov; Mr. 1/laddock and I liave had grain in
t. at ground where it ^r/as so swampy you couldn't _-;et a horse
over it.
Q Did that swampy appearance prevail in the dry season of
those other years?
A No, sir.
I say in those other years, did tiiat sv/ampy appearance
exist, even in the cry season?
A Oh, yes; it alv/ays did; it vra.s s"jampy»
Q Did it ever cry up until this v/ater developnient^
was made?
A No, cir.
Q Before these tunnels were begun and these shafts were dug
and the puups put in v.-e -e there any springs an^nvhere on the
red hill itself?
A Do you mean ri^'it on top?
Q Yes, sir.
A. Well, not svTuare on top of it, no, sir; I ne-. er sav/ any •
Q Were tJiey close to the top?
A Yes, sir; tiose springs on the east side — on the west
side of the v/ash as you go up — it ran pretty near two thirds
of the v/ay up the hill all along.
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Q
And those springs extended up on the side hill?
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A
Yes, sir; quite a ways.
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Q
Up tc about wiat distance from the top of the hill?
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A
I shoud judge in places two-thirds of the way up.
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Q
Did the water flow out of those springs anyv7:ere?
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A
Yes, sir; all alor-g.
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Q
And it flowed do\m into what?
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A
In to the Liain clianj;el of the v/ash.
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Q
And fon.ied a trmb utary to the stream?
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A
Yes, sir.
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Q
Wnen did t ey quit running or quit being wet?
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WgII, of course nov/, you take it eiglit years ago-- nine
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it
is just as dry as a bone; of course, I never paid any
i!ii5
att
ention to i just when thej^jquit.
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You farraed on the v/est side, some time ago?
17
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Yes, sir.
18
Q
In ^lat way?
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I raised potatoes.
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Q
How many seasons?
21
A
One season.
22
Q
Did vou irrigate?
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A
Yes, '^;ir.
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Q
?/iiith W:,at ?.'ater?
25
A
With the west side v:ater.
26
Q
From wii re did it come?
27
A
From the s^jrings.
28
Q
Natural springs?
29
A
Yes, sir.
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Q How many acres of potatoes did you jjlant?
A Well, in the spring — I had morein the fall th n I
did in the spring. Of course, we raised tv/o crops a year
there .
Q Aboit how many acres did you cultivate there?
A I suppo se about 8.
Q Hot/ many inclies of water did you use as well as you can
tell?
A Well, as near as I can tell I used about 30 inches.
Q \TiTat year was th;;t or years?
A Tliat was in *84 I think.
Q Have ycu obser-ved anj'-thing of the iTinning to v/aste of
any v/ater betv/een tiie Red Hill and Upland at any time?
A Well, yes; it h^as been about on the San Bernardino road,
w hat we call the San Bernardino road; I don't think I have
noticed any v/ater rurining there in the last year but tv/o
years ago there v/as quite a stream ran out there pretty near
all winter.
Q V/hat did that run out of?
A Out of a sand box about 200 yards above the San Bernar-
dino road.
Q How far west of the mouth of the Eady tunnel is that?
A I should judge that is about half a mile.
Q Dffi ycu knov/ v;hat pipe line it canie out of?
A Yes, sir.
Q Wliat pipe line was it?
A It came out of tlmt pipe line t-at runs over to tlie
Eady tunnel.
Q Tliat runs from the Eady turuiel southwesterly?
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A It ran easterly i'rom the sand box.
Q I ani talking about the Eady tunnel; did it inin
westerly from the Eady tunnel?
A Yes, sir; it ran westerly.
Q Taat was the pipe line the v;ater v;as wasti2.g out of?
A Yes, sir.
Q You say it wasted out of a sand box?
A Yes, sir.
Q ^JWiere did it run from the sand box?
A Pretty near due south and until it hit the road and it
divided; the stream v/e"it each way; one went to the big uain
wash and the little stream went back into a little wash there.
Q Aid thence the v/ater v:ould extend dovm the waah, when
it stru.ck the 7/ash, southerly?
A Yes, sir.
Q About what quantity of water didyou see thus wasting?
A I should judge- — of course when I would go along with
a load of lemons, off and on-- I should judge 75 or 100 inches.
Q Did you remonstrate or talk with anybody about iti, tliat
had ciB-rge of it?
A Mo, sir.
Q I will ask you if the time viien you saw this .ater v/asting,
if the water of Cucamonga Springs stream v/as deficient
or if it was up to the normal?
A Well, tliat would be in the winter time —
Q Was it deficient or was it up to its noi-mal flow? Has
tlie Gucaiuonga stream been up to its normal flow in t'lo last
2 years?
A Oh, no.
Vb?
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Well, ths.t is what I arn asking you.
-0-
W. J. KIMCAID.
W. J. KINOAID, a \7itness previously s'.7om, being
recalli;d, testified as follows :-
Direct Examination.
Er, Britt: Q I think you have already testified tliat you
were acquainted with the ciene^^as and moist lands up above
the Mountain Viev; Hotel and below the Base Line and about
the Cucamonga Springs and around the Cucamonga stream: You are
acquainted with t.'iat land?
A Yes, sir.
Q Aboi± how much moist land v/as there ebfore the drying up
of the same 6 or 7 years ago, suitable for grazirjg purposes,
pasturage, but too wet for cultivation?
A I should think on the east side of the Red Hill —
Q Yes, that is wr^at I am talking about, and within section
4.
A I should judge there v/ould be about 150 acres.
Q Has that land dried out so tiiat it was no longer moist to
your kno\Yledge?
A Yes , sir.
I'Ir. G-regr;: Objected to as leading.
Mr. Brit"o: Tlie objection isvrell taken.
Q Do you know about the present condition of t^-'at land as
compared to what it was previous to 1900?
A All of the land on the east side of the Red Hill is now
being cultivated to grain.
Q State v;^ ether it is as good for pasturage, grov/th of
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768
grass, pasturage plants, as it v; as previous to 1900?
il'lr. Gro {<,: Objected to as leadiri^.
The Court. Tlie objection is overruled.
A That piece of land previous to I should say 1686 was
considered one of the best (^razing pieces of land in the
valley; in fact it produced a great deal of ^rass around the
Cucamonga Springs and I would think tiiat tiiose cienegas at
tliat time v/ould support during the dry suixier months 300
head of stock.
Q G-rass grew?
A Yes, sir; regular cienega grass.
Q I think you said thatms prior to li386?
A Yes, sir; it was all practically pasture land, up to tliat
time .
Q Yriiat about 18^-9 and. 1900?
A Well, in 1900 it began to dry up; pretty \7ell dried up
in 1900. From 1900 tlirou^gh to 1902 it was practically
absolutely dr'ed up. Well, I miglit qualify tint by saying
there was a few inches of v/ater; it didn't amount to mncii,
Q Did that land include tiie si'/amps themselves from which
the water ran?
A Yes, sir; that included the 150 acres; tiiat v/ould in-
clude all of the sv/amp Lmd, yes, sir; it would include all of
it; then '.ho re was mcist land around the swamps I fehould
think 50 or 60 acres more la^/'ing betvYecjn tlie Y tiuuiel and
the main springs on trie east. There v/as a body of land
laying in there — the land tir. t the Chinese garuen.
Tlie Court: Q How did the value of tiiat land comparti '..'itli
the land in its previously existing condition, the pasturage?
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im.
Hov/ did it corapare with tlie conditions since maintained mi&a.
it has been fanned?
A Do I understand by your question do you mean v/ ether
t. -it land vas worth more for pasturage?
Q Irresjje ctive . of ..--at it v/as used for, the question is
whether those producing crops v/ere of greater or less value
under previous conditions tnan unde -the conditions which nov/
exist?
A We].l, it v;as not producing anythiiig but <^raBS until it
dried up.
Q Well, tiiat ': ad a value, had it not?
A Yes, sir; it had a pasturaoe value and in those days it
was considered very valuable. In fact V7e had to have it.
Q Was it more valuable for pasturage tlian it is now?
A I should S3,y yes, md I v/ould qualify lt/ ansv/er by
saying that in those days it v/as used as pasturage and tiiere
was probably 2* or 300 head of cattle and during the suiiiier
months you see all those cattle practically lived on those
springs.
Q If it were still in the same condition you could use it
still?
A We haven't anythiiog of the kind now there,
Q Beof is worth more now t..an it was then, isn't it?
A Yes, air.
Q Are you able to make any comparison of the land under
the previous condition and its present condition?
Mr, Britt: I suppose tJxct means whether the land v/as more
valuable to pasture cattle on or to grow gi^ain?
Tlie Court. I suppose that is another v/ay to state it.
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A I should say yes, sir; very much more so.
The Court: Q \\hich is it?
A For grazing cattle f or pasturage ,
Q More valuable tbjn undor the present conditions?
A Oh, yes; ysc, indeed.
Cross Examination.
Mr. Joliffe: Q Do you say t.at in the year 1886 tliat t^.ere
■■ms about 150 acres of this grazing land and some other
moist lands around near -i^ere?
A Yes, sir.
Q NoY7 hov/ ■.Yas tiat about ten years after that, say abcit
1896? Was there tiiat amount of land there at t-.at time in
the same condition?
A No; I don't think there vias quite so irj.ch.
Q Not quite so fauch. It liad commenced to dry out by triat
time, had it?
A Yes, sir. I should sa3'" yes, sir, and qualify ay ansv/er
by saying t.iat the cuts, the deep cuts, and the tunnels tliat
they Iiad made liad a tendency to dry up the upper parts of the
cienogas.
Q Those cuts and tunnels are still there, are they not?
A Yes, sir.
Tlie Court: Q Do you mean the Y tunnel?
A The Y tuiLiel.
Mr. Joliffe: Q Do you kno\7 abut the amount of -./ater tiiat
vas taken out of tliose cienegas by rae ans of cuts and tun. els
in the years '86 to '96?
A I thiiik on the Y tunnel it would probably average from
'66 to '96 I should say 150 inches.
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Q And about hov/ much more did those cuts fjroduce tliat you
have spoken of?
A Well, tiiat included txie cuts at the Y tunnel.
Q And du ing the time t.at the .ater ■.'as running from tliese
cuts and tuniiels hov; was the v/ater flowing from the springs
at tl'iat tine?
A Do 70U mean particularly at the Y tunnel or tne springs?
]Q I mefm the Cucanongu Springs tliat rose in the creek
about the roots of an oak tree somev/. ere. I believe jou. testi-
fied about it a few days a go.
A Y/ell, the water on the east side of the Red Hill aad
the spring, they were practically the same up to 1898, I
should judge.
Q Tiien tliere v/as flowing from tliose springs in addition
to W-at v/as flovdng from tiie Y tunnel from 150 to 200
inches usually and sometimes more t'.an 200?
A Yes, sir; I should say so.
— 0--
W. T. LEEKE.
W. T. LEEKE, a vd':ness previously sv7orn, being recalled
by plaintiffs, testified as follows:
Direct Kiamination.
I'Ir. V/aters: Q Mr. Leeke, were you informed in Nov-jmber of
1905 tliat water v/as running to v/aste from the pipe lines of
your company which took v/ater from the Ead;,- tuniiel, tliat
water v/as running to v/aste down on tne plains?
A It is c[uite possible; I do not recall at this time such
notification.
Q Didn't your attorneys Mestirs. Otis, Gregg & Surr inform
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V72
you tliati had written for t'^e Old Settlors Water Company a
letter to tiiem asking tiiem to call youi' attention to ti:ie
mattor and have it co re c ted?
A It is quite possible.
Q Have you no re...eniDrance of i'o at all?
A I reueniber something of the kind, but I can't jjivs the
dates.
Q I am not asking you for the dates. Do you rei-iember the
occurrence t^iat you did receive notice of such complaint in
November, 1905, or obout that time?
A I have some recollection of such notice, but I can't
place the date.
Do you have a recollection of the fact t'lat watenvas
so running to waste and that ',rour attention was called to it?
A In the v/inter season, yes, sir; I kno . that the water
was rmming to waste.
0, In November 1905 or in Uie fall of 1905?
A Well, I can't stite at v/iiat time it was running to waste.
I don't rexiiember the conditions of our irrigating system at
that date; but I know when the rains liad saturated the earth
and there was plenty of ater every^iiiere without irrigation,
that v/ater from tliat tunnel di(.:. run to waste; there is no ques-
tion about that.
Q Do you mean to say to us here that rom your knowledge
of tlie subject that you tiiouglit uiat was sufficient excuse,
that the rains liad come and 'net the surface, and that con-
sequently 3^0 u could waste the streams?
A I desire to say uiat we regret it tnat water sh. uld run to
waste from tlie Cucamonga tuunel and tiiat we liad conferences
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773
with the Cucamori^ Water Comijajiy over a p eriod of several
years back, expressing to t eu the desire tat t;jey should
co-operate with us in closing t at tunnel and we kept up such
negotiations until this last winter; and then after a very
urgent request on our part they consented that we should ^o
on and bulkhead that tunnel.
Q No;7, Ltr. Leeke, isn't it a fact tiiat notv/ithstanding
the complaint v/as niade to you late in 1905 tiiat you were
running tnis water to waste , and notwithstanding you didnot
do anytliing about it that winter or season at all, but
continued to run it to v/aste, isn't i:. a fact t-":at you didi't
do anj.rbhing at all until the district attorney of this county
threatened you with prosecution if you didn't quit it and
wasn't it then for the (ffirst time t. at you d id do anything
toward stopping it?
A I can't a{^ree /ith your ^question.
Q Just ansv/er the question. I don't care viiether you
agree with it or not.
A Your question involves several points and I do not
care to sslJ yes or no to a question tliat involves several
points and a yes or no night not be correct.
Q You may ansv/er my question, if you please. Have you
finished? If so, I vzill ask another.
A I desire to aii; v;ar tliat question.
Q Do so.
A We began negotiating mth the CucaLionga people for the
closing of that tunnel several years ago. I remember well
that we did receive a coLimunication from the district attor-
ney. I answered t}iat comi:iunication someting in this wise:
?'74
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Q T at was in writing?
A Yes, sir.
Q I will shov; it to you and ask you if tliis is your sig-
nature?
A Yes, sir; t at is ray signature.
Mr, Waters: We offer it in evidence..
Letter marked Plaiiitiffs' Exliibit 10 and reau in eviaenceij
Q Wlien did you begin that bulkhead?
A Shortly afte r the close of the irrigating season — early
winter — I don't remember the date.
Q You 'lad begun it before the district attorney wrote tiiat
letter?
A Most certainly; it was partly completed.
Q Did your abtoraeys Messrs. Otis (xtg:'^ Surr send you
the lett er which I \^rote to them in 1905, November 29th,
1905?
A I presuiiie so. My recollection is a little faint on the sub-
ject.
Q Will you please produce t?iat le' ter if you liave it?
A Certainly, I vrill be glad to do so.
Q At the next sitting of tne Court please produce it. Look
for it and if you can't find it possibly we may uave a copy.
I think there is no question but /liat we mve it in our files
if such a letter was written.
Q When did you first begin bulkiieading tiiat tunnel?
A I can't give you tiie date, but I can bring you the date
from our records.
Q Wasn't it last fall?
<?'^.0or
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A Yes, sir; or early v/intir.
Q In the fall of 1906?
A Yes, sir.
Q Didn't u at water run all during the year 1906, for
tiiat year 1906?
A Most certainly, it ran t^^rou^.;!:! the pi^jes ; es, sir.
Q And during t at time did you knov/ ti^at the Cucamonga
Springs stream 7/as helov/ nonml and f lovdng a very few inclies
of water?
A Yes, sir.
Q And you Imev/ thit tlie water level was continuaitly lov/er-
ing, did you not, in the sources of water supply in that part
of the country?
A During ■:' at period?
Q The year 190;;.
H No, sir; I didn't know the "zaterplane was lo veering
continually during 1906.
Q You didn't know that?
A No, sir.
Q Didn't you know it had been lowered for several years
prior to 1905?
A Yes, sir.
Q And notwithstanding that fact you ran the water out of
this tunnel for how rnariy v/inters when you were not using it
for any beneficial purpose?
Mr. Cliapi;an: We object to fca question as irrelevant and
immaterial. I don't sec >v>at relevaiicy the question could
have. •
Tlie Court: Overruled.
iK
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A During s aasons of rainfall and at the conclusion of irri-
^tion generally a portion of that vsater went to waste. A
portion of it, if I r© odjer correctlyl has been used for
the domestic supply of the towns of Upland and Ontario,
Mr. Haskell: Q Was any water from the Eady tunnel run to
Upland?
A It -^uns tiirough Upland.
Mr. ''Vaters: Q Have you got those contracts that I called for
the other day?
A Yes, sir; this is a general contract tlat I referred to
the other day.
Q Tnis contract has ne sr been rcorded has it?
A The contract has been recrded in Los Angeles Couiity.;
I presume in this county; I am not sure; I am quite sure it
v^as recorded in Los Angeles county, Tliere ere several copies
and I presume the recorded copy is not this one.
Q Wliat other one did you bring, Ifr. Leeke?
A I ave tlie trust deed mentioned in t at contract and
pertaining to it.
Q You will bring tliose :ith you at the next session of the
court .
Mr. Britt: And also this map, this large map liiat is upon
the board.
Here the Court takes a recess until Wednesday , June the
12th, 1907, at ten o'clock A. M.
IN TH E
Superior* Court
OF THE
County of San Bernardino
State of California
Cucamon^ . Vineyard Go. ,. ,. .
Plaintiff.
Vol. IX,
San Ant on i Water . Co .. ., .
Defendant-
INDEX.
Fox, J. B.
ti II n
Leeke, V/. T.
Johnson, CM.
Wright, E. T.
829 852
866 870
879 893
897 907 912 917 925 92d
829.
I. BENJAMIN, Official Reporter
129
1
Friday, Jenutj^ 17, 1906. Minth Tay.
2
J. B. FOT.
3
J. B, FOX, herctoforo sworn and cxacnined , being ro*
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called by plaintiff, testified as follows •
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Dire o t Kx wr inat ion ,
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Mr. WaterB: Q. fhfere do you live? A.
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K, Cucai.onfija,
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Q. How long hay© you lived there?
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A. Four years a*.d a haif .
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0, Were you farriiliar v;ith t at section of the country
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bcfo you wont there to reaido?
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A. No, sir.
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0. Have you liwd tncn.. continuously 9inc;e four years and
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a half ago?
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A, Yof,, sir.
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0, What ic your oooUjation there?
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A, Oranfre j^ruvvor.
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fhore is your place situated?
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A. Ri ht in the town of Cuc-iirionp;?!., you mi/'Jit, si.y, on the
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north side of San Pernarriino Avenue.
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Q. Oan you give the number of the lot or subdivision which
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your j^lice comprises?
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.". I an in eection 5. I oan*t ^ive just the le^-al sub-
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division off hand.
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Q. And the place h- knovn as w at?
26
A. Known as the old Southworth place. Ho owned it for
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fiftticn years before I aid.
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0. How ! any acrfis'?
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A, Twenty.
.0
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To viat is that tjvBnty acres set?
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A.
All to orunr» troes.
0.
About how old aro the tre-js''
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A.
Thcw ran/^e from six to eif?^teon years.
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Q.
Aid what is the area of t; < plaie?
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A.
Twenty acres.
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Q.
la it ail a;t to trees''
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A.
Yea, 8 r; solid to oran os.
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Q,
And ooGB it require irrigation?
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A..
Yea, sir.
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0.
Has it been irrigated?
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A.
Yes, air.
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0.
Pro:; z; ri source?
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A.
From thio ruicafion/ga Sprngs and a well that the Old Sot-
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tl'.'
rs* Water ^orap-any owns.
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When did you first boaor.-« famili&r with the Oucarfon^
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Springs?
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A
In the Sj-ring of 1904,
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Q.
Hiive you iuring the time you hare so livoa th' re— Have
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you
at all }«id anything to do with the r.aJ^«g•raent of the
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affairs of anv aasociation of val.or owners there, or clairawits
22
Of 1
nater?
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A.
I hfore h?«i thv. i!ianaf^oii;ent of the Old Settlors* Water
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Oompany*t affairs sin oe the spring of 1904, up to ihe first
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of this year.
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Q.
In !Mt capacity?
27
A.
As provident and rr.pj-ni^.ro* *be company, ann one o"f* he
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directors.
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Q.
Have you had occasion to, or have you ever made maaiure-
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ments of the water ie suing from the springs or ^hc source
called the Cucaraonga S] rings?
A. Yes, sir.
0. And have you kept any record of any observations or
measur-e; ents there?
A. I haven't kept ar^ memoranda Bince about December 23,
1906.
Q. Did you keep memora^^a covering any dates ^r times?
A. Yes, sir.
0. Covering what times?
A. Sin;e De.' mber, 1906.
Q. Since then or before then?
A. Sine then.
Q. Did you make ar^ measureineiits or gaugings of the water
before that at all?
A. I did. I measured tho spring water.
0. Aid you say you kept no memoranda of it?
A. I didn't make any memorandum of it.
0. When was the first time you ever observed that straam?
A. It was in 1903, I saw it first. I just went and looked
at it.
0. Do you know anvthing about estimating quantities of water
flowing?
A. I have some idea and have had for some years. I had it
in Ventura county,
Q. Have you had any experience in handling streams of irri-
gating v/aters or water for any other purposes?
A. Not till I came to Cucainonga, to speak of.
0. Have you since then?
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A, I knew wrat an inch of water way ail rirht, and the ajnount
of it, and th siae of tho etreoni,
0. When you saw that aiream in 1905 #iat m^ f loving in it
about?
A, In 1903 there wae about from 12 to lb inchei in the
airing, aric it ^^radually w<jnt ciown throuf^ the aui-er time.
0. liftiat did it fro down to?
A, To about from 4 to 6 incliefl,
C. Wn&t tiiic of iho year «.o tbat?
A, It nae July and An, list; about Au;iust,,
0, Of w at year?
A. 190i.
G« Gk) ndht along and describe it, Fron t^ et tine on what
you observed of it,-- in ycur Orn -^^ay*
A. I observed it in 190-^ a nurnhtr of tit r.s, bocauao V-&t
spring water runs rir t past my hous-e and rune ri.'^t to the
corner of toy place, and I have opj^ortmitiea to ao it every
weok or so during 19G'i, as to the ainount, and t)ion in 1904
H I took diarge of this ^jter and went uy to tho 8f rings and
ran a drain ditch and Ixiilt a bulkhead and dam ^rd turnod
tho water into the ditchea t at I dug. There wa? about 16
indies of ater in t}ie %ring. About 16 inches of -ter run-
]^ing in tho crock, I should jun,«B, I dug this drain ditch
and developed probably about 6 inchea. But hat su /.Tor
a ^T^at deal of wator was purap^ea from Lhe w«dla above our
Bprin^7i3.
0, What wsilla?
A, HI the .veils in t.hr country wore pumping very heavily.
That ia tht: year they piimj)ori so heavy. Along in the aur.T!rer
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time, in July, the crerk stopped running entirely, Aftar
the laet half of July and all of Au^iat the water di':n»t -^t
down to this ditch t'at I dug, where the witer had alw&ya
hen taken out, and didn't ft)t within five txxt af it h\mdred
fc<it of it; but th^ire still ran in the pipe line about
four inches in tho driest time, arid tliat is the T.-ater that
I devcloi>ed. It started about 290 fe't a/sd the ditch was
12 feet deep whert; I rfin up alongside of the oreok bed.
0. And thrre csj'e into this ditch about four inches of water?
*• Yes, nir; that v?a8 the ar.ount in the driest tine of the
ye fir.
0* Go ri; ht along and descriVc the condition.
K, It has inoroaaed grad ally in the fall, and in th*^ win*
ter it incroa8(?d a little; but the next 8} ring there was no
more water in the 8. ring of 1^05 t'i»i in 'ho siring of 1904,
althou,f^h we had heavy rains. Thor^ wa poopibly a little
more, bit not rauoh mor-. By the tine nf* co*^' enocd to irrigate
thort' as only about half the arrjount of water v«e had the
teason before,
0, About four inches you Ray?
A, No; fron 16 to 16 inches,
0. And in tne irrip.ating season of Uiat year what did it
go to?
», That ran (jov»n in the su rrier to 6 or ci inrOi* s.
0, And continued up to w'-'at time?
A. Up till the rains car«e the next winter,
\ Then what die' it t'o to?
K "^ell, it didn't increase much the next year,
'^, You will have to .«rive these years to us. What was the
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next year?
Ur» Chajt-: an: You hsae r&ached 1906,
4* I would ataoo that in 190b, in th«j fall of 1905, when the
Vlittr d dri»t incroar^o aft^ur a wet year, I lic,.;an to look
around to owe why tho v.at«:r hadn't raiBed in our aj-r intra, aa
it did in other Bi.ringa urd streams,
Q, Wit/out [giving your opinion about it, just state the
coincide; ce 8 which you obaerved,
A, I observed that aft-r the first wet year the water didn't
cone back in the sprin^^ aa wo all aocijected it •.ould, and I
bo,;B.n to look to see why,
C, What did you find to be the coincidencfis''
A. In looking around I found t at in tht) nctar neiphborh;.od
thiit t-ere was a big volume of ater. I hfid aeon that the
yetir before nnning to mote,
Q. Whore?
A, To the wo at of the red hills, r nning across San Ber-
nardino Avenue, ata()ut half a mile west of t.he red hill. I
'didn't kno»v at that tiiio v ore it Cj^xj .rom. But in 1905,
in Novonber, I followed this ihatar \x^ to oeo wiiore it cauo
from and found it catio from those wcils and tu'vels on the
west aide of tha red hlllS} and when I found about 100 inches
of at*jr running to v?aate , I iiiiiediately caino down and noti-
fied Mr, Wators that a big body o^ vator waa running to
wast© and had be« n in previous years, und T asked ''r, Wators
to write to tho Ran Antonio ' ntvr Honpany, which he did, and
I have a oojy of tht) letUir,
*"!. Go- ri^t on and state v/^iat you oboervcd down to 'hn
present timo.
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A, After all that, after writirv; fnat letter, the Sfin
Antonio people Btarteci in to p-ink a a^iaft in this tun el
but there was nothing done that year, T : y finally P*ave up
tl-iat shaft and star-ed a now one; but there was nothing done
towards chocking the flow of the water,
0. You Btite t>mt that mter was running to waste, Juot
state the facts,
^, It ran to msto in 1904 and 'B,
Q. WhfTc did it run to veiiate?
\, In the rocko and sa^t^ brush south o^ San Bernardino
Avonue •
0, At w' at point?
^. To the west of the rod hill about half a mile,
''\- fcid between iHiwre and w at other place, running north
a?d so nth?
^ It rr '^ aoutli from v*' at is kno n aa the Stowt^ll aandbox
about half a nil© west of thr red hill,
0, Thence whom ^ id it run to?
A. South of then! throi.eh the rode a'-d gravel and thence
into tho stony flat south of Sm P.err.ardino Avonuo.
0, Proceed and state ^vhat ycu observed,
A. Whsn the mtor was turned loose running to waste in
1906 I ca!TB doTn a viin to S';'. about it, and I mot *ho District
Attorney and ho wrote to those parties,
0, Vrite to rr'-fit parti' B**
•t. To the San Antonio Water Company, to see if we couldn't
stop ti'io waste of the witer,
Q, What hap T« nod next?
A. Tho parti s then made ^ji effort and put in a bulkhe r.d
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and cIoBed Aown the bulkhead.
Q, Whore f*id the;y put in tho bulkhead?
A. Trujy put in the bulkheuu in the Eody iAinaal on Uiu wtst
eicie of tho red hills,
C, T'-fi bulkheajrl which has boon deecrib d heretofore in the
evidonoe? Sornobody deacribed it in the eyidence,
A, I think it waa Sj-oken of in tho other seaaion,
Tho r«ou t: 0. You say the portico did it; Hhora do you mean?
A. Tho Ran Antonio Water rwn).anyj the '\icanionp^a Water
Ooapariy laay Iw intoreeted with thoi.i, but I don*t know.
Any way, the fUin Antonio Wnter Ho/iipany have ohar^Tie of this
work,
Q, You riiean tii© San Antonio Water Goir-pariy die this vork?
/*. Yea, sir; that ia what I haro betn told.
Mr, Water a* 0, Wr.&t did you obaerve af «r thia bulkhead
waa put in?
A, The bulkhead w&8 put in in January, 19%, anti in
Tte onber before tnat I wunt with "r, Oousiina and we measured
all thoa wella and aj.rirv^a a- d tiade a record,
0, It is in tho toetiiaony'
A, Yea, air,
Qm How do you state tho fact to be?
A. I ma with ;r, noua<na when he made all those mtasora*
menta and aurvwya and ao forth, and all hi a tcatimony givon
ihoro, I believr. , af^er t'at rela*oing betiroon Dcctifnler 23
of laat year and up till tho praaent tinio, I hare beon with
Utm Houaina,
Mr. Ohapraan: Do you n»an lant year? 1907?
A. Dacemtxir, 1906, and all of, 190?.
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Q« Go on and state .hat you have obsorvod ooincicl«nt with
tho work in t at £ady tunnol in the vay of bulkheadin^r.
A, He zneasun^d the ^cacfonKa Spring aj^d a niimber of those
wells on Do omler 23,
0, Of wiat year'?
A* 1906.
0* Have ycu Bad 8 a nvmoraniiun of thiat?
Km I have,
0« Produce it,
ft, De.n bor 23, 1906, we first measured the water at the
sandbox. I don't know tho nuni; r of t at weir, but it is
right near iho brick hote , and thorc; was an i' ch and three
quar-ers of water running over a 20- inch weir.
0, You mean by t>^t to say t- at there waa water to the dei-th
of an inch and throe quarters—
A, An inch and three q artcrs on Deconber 23, over a 20-
inch weir, making about 15,60 inches,
. Who was present?
A, S. 0, Cousins. I was with him.
0. S ate whfli your n«zt is,
^, The sazne date, Decemb'r 23, va ■Baaiired a well on the
west side of tho rod hill, knovm as number 1.
Q, Sta^^ the nsasureaaent,
A, The ater stood at 74 feet froB the top of th^curb,
C, Below?
A, Below the top of the curb. T)\<i Biam date we measured
well No, 5 of the Ssn Antonio string Just ^ore Bate Line,,
and tho water was 129 fet:! below the top of ihc C';rb.
0, Were eit ler of those wells being ponpcd at Viat timef
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k. No, iir«
0. The >;ater wae aland in^^ in th.j wolls?
A, Yob, sir. On the aane date, DeoorcVier 2^5, we meaaured
the Haokeil well, 115-1/2 ^at to water from the top of the
ciirb .
0, Proouod aa rapidly ats you can.
A. On the saTo date wo mfiaeured the well at the end of t.he
Y tun^^l.
0, ^ich ond o"" the Y tunnel?
A. The west end of the Y tun^icl,
0, What did you find there?
•^. 65 f ert to water from tJ-ic top of Uw ourb,
0« Was tho water flowing in t' at tunnel or atanding?
L No, a irj it was quite a waya below in tb, casing. The
Chinese well near thore on Decaibefr 23 we found 66-1/2 foot
to ;vater frcm tho top of th« curb.
0. Waa it Veing purapec- at V^'ii time?
A. No, air; it haa not been pump«:d for aavcrol yejirt,
Tho eaiiB date, well no, 14, of tho Sim Antonio }cop]ffi, or the
one at tho hi ad of the ?.vjAy tuniol, wo found it 113 fevt to
water. Ti'^t in, v/atcr waa floifing out of tho well into tho
tunnel,
0. 113 f e{.t from w}.at?
A. Frora r.ho S' rf aco of T.ho rround; at tho top of tho curb.
0, Did you meaoure the quantity of water flowing;?
A. No, nir.
Mr. Haskell: Thora bare been tw« orders of numhoring of
these well 8: Which ordor do you refer to—
Mr. "^'aters; He is doacribing the woila. Hia testimony will
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be intBlligiblo.
' . I have riracrirGd t'da one fs.B being in iho henr* of the
Eady tunnel,
ffr. Britt: C. I» t' at thewell reforred to in *hc other
©videnco as the 'Bip; Well»?
K Toe, airj it io t :at big wfll, T at ie all tho roeasurc-
ments I marie on that date, per.cnber 25,
Mr. Waters: ^» Did \ou umko aoino more?
K, Yes, air.
0. 'Ihen?
A. On January 50, 1907, I believe thia was. Tl^e next day
after tho bulkhead was shut d vn, I l^elicve- it wae ohut down
January 29, ?..t nine o'clock,
0. State your raeaaurementa, and wl^re,
A, At this date, J nuary 50th, I found the aj.rin^ vrator
2-l/l! irchea on a 20- inch voir, or 26.60 inchea,
Q. You uietin by ai ring water '.he CuGaij»nr!;a Springs water?
A, That io t>iO weir by the brick hotel. On January 30,
well no, 5 of the San Antonio string above Ba e Line, 127-1/2
feet to -he water,
0. Troci v at?
A. From the top of tiir curb. And tho Haakkll wll on the
saiae date, 112 feet to ^at r.
0. Prom w-at?
A. From the; top of the curb, And the we at end of tho Y
tunnel, 64 f-^nt to water from the top of the curb,
0, Y^H-r' in tVf.t curb, in the tunnel or at the top of ths
surf.xco or' tho rround?
A, There is a shaft at the head of tho tuir«l.
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'. I -i trying to ask whether your diatonco is Lioaaurod
from the surfaco of the /rrcund. or from the bed of .-he: tu" el,
A. The c urbirig atano's— th*'- dirt is thro>od up so tri^t you
can hardly statej but -.he top of the curbing on the surface
of the iTcund, It io very nearly the shcis^ Practically the
surface of the frround and the top of the curbing, loll no,
14 on the ^Oth was 100 fc^.t to rator.
0. From v^'iat?
^. Prom the top of the curb or surface of the ground,
T)i!it is all tlio aeasureraents I haarc on t;.at dats,
Q. Take the next ti»e,
A, The noxt raeasurcrjBnt is February 9, 1907, Tho s; ring
wa^er at tiiL weir near ^:he rick hotel was 2-9/16 inches deop
cvi;r a J^O-inch weir, I h-aren't run it out, i'^.T.o i'^ ches,
Mr. ChapFian: 0. You are cr&king all thoso moasur rnonts tho
8a£;e way, are you not?
k Yes, air.
Q, How many inches of at r would that make?
*, I didn't figure that out. Fot ruary 9, woU no, 5, 12r>-l/2
fetjt to imter .''roc! tho top of 'hocurb, Tht: Hri.nktll w 11 on
February 9, 110- 1/2 fat to A'ater frcra i.h« top of the curb.
The wcat end of ;».. Y tunnel well on Fo": ruary 9, 62-1/2 feet
to water from tho top of the curb,
lell no. 14, at ^ ho head of the E dy tunnel, tlio big well,
February 9, 84-1/2 ft-.t to th6 top of tht.' curb, Thot is all
I haere on th'it date,
February 2>, 1907, Th- s^-ring ater near t.he brick hotel,
that weir mtmsurod 2-3/) inches on a 20-inch weir, awaking v:»O.UO
inches.
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at
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Well no, 5, on Pobruary 23, was 124 feet to wa er from the
top of the curb.
The Haskell well on the nam date waa 109 fert to >*aiAr
f roffl the top of the curb.
The well at the west md of the Y tuniel on i^he tiae date
wao 61 feet to water from the top of the ::urb.
Veil no, 14, or bi« well, at ^ho head of the Fady tu 'ol,
wan 72 fe:t to water from t^o top of the curb,
IWra^i 10, The rpain^ orator naar the irick hotel over t nt
20- inch weir waa 3»l/i inches, or 59,60 inches of water.
Mrach 19, 1907. Well no. 5, 120-1/2 feot to water from the
top of the curb.
The Haekoll \«oll on March 19 waa IO6-I/2 f t: -t to the water
from tho top of the curb,
1^, The ^vil at the west end of the Y tun- el wa^) 56-1/2 feet
to water from the top of the curb.
Well no. 14, L>u) big well, wae 70 f et;t to ater froB tho top
of tho curb,
March 19, the Sjrini^ water ',aa '6 inches running over thi
weir, or abiut 55 irchoa of Sfrinf* v^ tor,
Ur, Britt: Th;^t is t>i)woir at the bri ;k hotel?
h, Y08, sir,
)lr, nhapnan. 0, Did you roake no other mBUnrmmntt then?
^ I h'vye friven those laoasuromenta on >.<arch 19 before that
of the balance of the wells.
On Avril 4, the oirir.g wa or near tho brick hotel was 2-7/8
inchos over tho 20-i oh weir, or 5.5 inohos,
lell no, 5 on A; ril 4 wao 117 f.'t to the rater from the
top cf tho curb.
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9
10
11
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13
5 = £ ..
< u o
M.i 15
EO 4 ui
— a.
« o 3
— to
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Tho Haskell well was IO0-I/2 foot to water from the top of
th« curb,
Tlie well at the ureat one of -a\o Y turiiel was %-l/2 fott to
water from tVie top of the curb*
loll no, 14, the big well there at tht; head of the gady
tunmjl, on Auril 4, was 67 foot to tho water from the top of
the curb.
On May 4, the apring water was 2-7/« i ches ovor lh« weir
near the hotel, or 33 inGhea of v^rter.
On May 10, 1907, well no. 5 was III-I/2 feet to the wator*
Tho Ilaekell woil on May 10 lae 99 fe^-.t to water from the top
of the curb.
The well at the wot end of the Y tun el on May 10 was
52 feet to ^/ator from tho top of \m curb.
Well no, 14 on May 10 waa 74 feot to water from the top of
the curb.
On May 19 the o.ring water wae 2-3/4 inches ovor the 20-inch
weir, or 30.60 inchea.
May 20, well no, 5 wae III-I/2 feet to ^^ater from tho top
of tho curb,
Tho Haekeil well wib 9b-l/2 fe^ut to water from the top of
tho curb.
The well at the west end of the Y tun-iel on May 20 waa
5I-I/4 f ott to ?/ator.
Well no. M on May 20 waa 85-1/4 foot to water from the
top of the curb.
On May 20 well no, 4 was 115 f m;t to \«ater from 'Mtt top of
the curb.
Mr, Cha iraui: 0. Where waa that well?
I
lU
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12
a 13
•I
_ >- f-'
2 •= £
a ^ 5 1:5
n < ui
— a.
-• 'J 3
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A. The well in theSan Antonio string juat north of Baae
Lino.
Q, fhttt did you asy ma the depth to water?
ft., 116 foot. Well no, 3 on May 20 was 115 fof:t to water.
Well no, 2 on May 20th was 116 feot to wator.
Well no. 1 on May 20 was 115-1/4 feet to water from the top
of the curb.
On May 20 the Kubio wo 11 waa 95-1/4 feet to watnr from the
top of the ciirb.
Now I have two other moaBurom&nts which I Bhculd hare giyen
Boonor, On May 10, 1J07, the water in well no, 4 wao 115
feet.
Well no, 3 on May 10, the water waa 115 feet to water from
tho top of the curb.
Well no, 2 on May 10, 116-1/4 feet to ',i.er.
Well no, 1, on Mm 10, waa 116-1/2 fot;t to water,
Mr. Cha}i-(«in: 0. liere is icii no, 1?
A, It ia ihc moat weBtern one— It is the one in VM.t string
of wellfi north of Base T.ine and furthest west,
Mr. Waters: 0. Of what?
A. The S n Antonio string of w< Ua juat north of Prsc T.ino.
C^i May 10 th« Rubio wo 11 wae 9r)-l/2 foi;t to water.
On Scpterarar let, 1907, I fneasured tho string of water and
fcund 43 inohoB near tho brick hotel,
September 2b, the same pi Me and the sini «at«r, 37.20
inohoa of ter.
On Novenber 19, 44,24 inciws.
On January lb, 190b, 49 inches, or 3-3/4 inohoa ovor the
20- inch weir. T looe are all the raoasurenB n ts I hawe.
1
0.
— : L .
What is tho )ate8t neaBure'ie' t you have i-rXven us of t,he
2
String of wells of t>ip «?aji Antonio W. tor Company?
3
A.
The 20th of «ay.
4
'\
Why did you quit?
5
A,
Why did I fjuit?
6
0.
T^mt is \? at I want to know.
7
1
«
The next tiiae I went back I found evon'thing all barrs d
8
up and ftpiked up wid locked up in such a ahajie that there
9
waB
no opportunity to lueaure any more.
10
0.
Did you have any talk with anybody in dixnrpp?
11
I d -i not .
12
Q.
Were th^re any notices poatxd tlierc?
X 13
■J
«..
I didn't ano any.
AMIN
EPOR I
COURT
4-
^.
When Hid vou s«y tho bulkhond was first closed'
z « £
«-.§ 15
(Q < u
— a.
A.
Abrut the 2' ^.h or 29th of January,
-•OS
In w' at year?
17
«.
1907.
18
0,
Do you k now from that tijxi on w* ether thrre was tny
]9
waste?
20
A.
I don't think there has b en any sinoo. I hnorcn't obserrsd
21
any
since then.
22
0.
Did you observe after that bulkhead waa closed any coin-
23
cidcnt facta happening with re Bisect to *'&ter rising or flow-
24
ing
elscihere?
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ft
I noticfid v'?ry quickly tVt aa soon as th^ water in
26
tho
bulkhead haxi raised up, fir tho first few days tho at^ r
27
roBo very fast in the bulkhead in thr shsift and on wll no.
28
14.
r.nd the springs aboTe there were raising vory slowly. But
29
tiia
hi^r the water oatns in ir • bulkhead ths more the
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wella above there and the B},ring would raise . As I hare
given the data it shows t at,
Q. And you observed it as ell, did you?
A, Yes, sir,
0, You nefjdnH argue it. You have 8^,atod the neasurofnenta
and w:iat you observed. After that bulkhead wau nlosed at the
tine wrhich you ^jjave of its closing, did it roiain cloaod?
A. It rerxsaineci clouod up till soios ticie in May,
0. Of w !it year?
A. 1907.
Q. Then w at happened?
A, The water was turned loose. They be an to use the water
for irri,5^ation,
0, Then what did you observe?
'^ The next raeasureaffi 't after tl-Uit I noticed woll no. 5,
liiiediately above 14, had stood still, while the wells on
either side, the further you -ot a ay from well no. 5,
i^ich is directly north of the kKXik k«t«± big well in the
Eady tunnel were still rising. The we; lis on the west side
especially raised a foot and a quarter, whil4 that other well
stood still} rsjid on the start before that well no. 5 had been
rising faster tnan the wells on either side.
0. And you noticed that the condition reversed?
*, Yes, Bir,
0, When aid you next observe any now thing hapi oning, or
chaA^e in tine coincidences?
A, Shortly after tr.aw-- I only meaeurod the wells once after
tr.&t till they v.ore locked up. The next tiae I «ent there
they wore locked up md barred up.
0. And whc'tlier they h ve made any iian.'^a sinoo t at or not
you «ro not able to ay?
A. No , 8 r,
0. Did you take any steps to try to {^t measurorr^nts of
tho ao wcila that were barricaned?
A. I die). I oaioa to Sfji Bernardino to «.^t you to ret con-
sent, or an order of tiie Court, ttiat v»e raUriht omke a measure-
mejit of tiioaeweiis; but I no er receiTed it,
O. Have you been -..licrc to ■ "lethesr t^ heve beon barri-
cadod?
.^ I haven't >)et)n bade. I have bac-n waiting ''or an order of
tho Coi'Pt or some p ermisaion to ^^o eind measure them, but
I hwen't n; -eivcd any,
0. During ttie time t'at you h'lve covered by your actual
rnetisurof ents here were any of the laf'. lis of the defendant
San Antonio Witor OoKpa^Ty being pumpc^d, or not?
A, I haven't observed any of t em pumping, except the Rubio
well and pos-sibly the Haskell well to irrigate tho orfilmrd
in thRt imrriediate vicinity, I h'sve 8e(-n tho Rubio well pump-
ing,
0, At the date v lun }cu made >our fixjaauroiiicnta were any of
the wells pumping? That is to say, did you make any of tho
uasurenients while the well was btting puinpi^d?
A, I believe the Rubio well «ae being pumped,
0. At w.'iat raeasur Clients?
K, Juno 10}ti^en I wnt h- ck to mMtaure the well a^nin I
think thoy were all locked up except the Rubio well, T^at
was being pump^'d on June 10.
0. And you hfore given the measurement on June 10?
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A. No, sir; it waa being pumped.
0, Did you meaouro it?
A. Not on June 10; there waa no 0}{.ortunity,
0. Did you obaervr. the depth of tho v-a'-er?
A, Not at that date.
0. If you h;we observed any oth^r coincidences of fa'^t relat-
ive to the fi ow of water or relative to the condition of any
of thosftwells or a.ringB, state it without my asking you
about it.
A. The 0' ly thinf^ I h.aro observed is tho s; ring watar. Ite
hme had twice as rmich spring vj-ater aince the bulkhead was
put in as we ever had before. And dtiring the time it went
down in the suirirnBr — but the bulkhoad was closRd after the
rains. Si?ioe t: at tiae it haR increaaod considerable.
0. IHien \ms thu bulkhead closed this Let fall?
A. I cm*t give the exact date, but it was during the week
of the big rain we had in Octo; er,
Q, You hare given all the nieasureirjente subsequent to that
time, so that any increfse will be shown by the raeasuremonts?
.A. Yes, 8i.r; I was at this bulkhead abcut a week after it
heard
was closed and I xxnaaaaiAxthe «,mter was up as hifr^i as it
was last spring,— about 8 foot from tho top. And trhen I
went up there (I can 't just give tho date^, but it was just
after those rains, but they had opened the bulkhead and befjan
to irrigate ) and the water had fpne down two feet. Other
parties have HMJasuremen s iince, but that is all I know
abuut it.
Mr. Britt: *'. Mr. Fox, this water which ran to waste below
what is called the San Bornai*dino road or San Bernardino
lAv
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SOS
5 a. °
< ^ o
M ^ £
B < ul
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Avenue, procoedea from wnat aourco on thomest eido cf the
rod hill?
A. Running out of Lhe big weii in tiio Faay tun el, cor] frora
the Kady tm ol it runs west towards Upland a in the pi^-e
line, and wac turned out at « at I think ve had an exhibit
hare of thoSun Antcnio W^it^r Poi.ipany, and on tliat exhibit
wao wiiat is knovm as the Stowell sjmdbox. Tliat ia a sandbox
150 yards or auoh a distance north of t,he avenue or road ru'
ning diagomiily acroae that flat about half a cile west from
th<; red hill. It was Uirned out of that Stowell aandbci.
Q. How doea the water ,^t to the Stowell aandbox?
A. From Vao mouth of the Kady tunol iix-ro ia a big pipe
line loading off towards Uplanda,
The Hoiirt: 0. Thia pi];6 line follow a ri^^t along tho d a-
gonal atroot?
.1 It runs ijarallel with the road dia^i^nally acrosB the o,
juat t.he same a a the road.
0, How does tliat aandbox I'^t to ti:e north of .;«- avenue?
A. The pip(;linc; is north of the atroct some 400 feet •
'0. I thought it v/as rL'iht. next to the street.
*. No J it is above,
Hr, Britt.: 0. Did all of that water which you sieak 9i
reiioh the Gandbox-- the Stowell aanibox — f 'oa tho mouth of
tho Kady tim el, or as there any of it that came through
the pip« froiu flon» other aource?
h. I C5an»t av/ear positively to anything of that kind, but
I followed through— I have been all throu/j^ tliat flacb there
and know of thia pipe lino running weat from tho lady tunnel,
and it ia the only one ^ at I know of tnat doaa run through
3
6
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9
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that. And this Stowell aandbox is where the water did run
OutxiJitoxJtiiexlJait in tYie fill of 1904 and spring of 1905, the
fall of 1905 ana the SjTing of 1906. But thun in the 8 -ing
of 1907 or the fall of 1906 and sjirinp; of 1007, aftor we
had made complaint about thiB water running to natte, it
was carriftd throufrh pipe linos anA turned out at oUer out-
lets lo'-wr down. One place where a flwod doal waa run into thjj
0):«n and into the flat waa juet below the ?5anta Fc railroad
near Bif^hth Street and eaat of riampuB Avenue, A great deal
of water was tur' ed out tJ-iere af t- r ic made cocjplaint.
0, What was done with it at t:i?-t point Triiich you hat«
last mentioned"
A. It ran to waste in t.he bniah arid rocks,
Q, Have vou over bn^n down the shift of that big well?
A* No, pir,
Q, Wherever you apeak of sring water in the course of your
testliiony }iere, was t at water that was measured at the weir
near the brick hotel in each instance?
A, Yes, sir.
0, That ia on the oait sidft of tht red hill?
A, Yes, air,
0. Md is t^'ttt the water which was taken out of the little
orepk,, the Hucaraonga ^rojik, on the oast side of thR red
hill?
\» Yes, sir,
Ur, Waters: "f. These neasoreiaents of water in shafts: With
what kind of an instrurnent were fuoh aeaturon-jcnts made?
A, Steel tape,
Ur, Haskell: o, IXiring these years of which vou hawe tcsti-
Z " t-
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fiod, do you know vhet er or not the f^an Antonio Water ^oni-
jjany ha^ pumix:d ary water f ron it a wella in tho neiajhborhood
of the red hiU during tho rainy season?
K I never knew of any being purajjoc during, tho rainy aeason,
0, You hti,ve bot;n to othor ?;eilB f remier tly durinrr thoae
soasona, hflorc you?
A. Oh, I have }.aa8od by there aonetirnoa,
0, find if they liad bci;n in operation when you diri pass by
you vrould hme known it, wouldn't you**
\. I think DO,
0, Now in roi-ard t^ thia sliaft which you hare teatif led to
aa extending into the K-idy tunnel, thc; ahfif t in which you
made criaaaurerjaonta, extend a down to the Ejidy tunnel, doesn't
it?
A. Yea, air.
0. Do you know how far it la from the top of '..he jcrround to
thu) bottom of the tuniol?
A. llo fc-t,
0, Hov hif^h did the water riae, a; proxiaiate ly/ at the high-
est point at which you inoaaured it, above the floor of the
tunnel?
A, While the bulkhead waa ahut dovm, from January till May,
it rose i 40 fs't.
0. From January till Uixy in the year 1907?
A. Yes, air, Laat year it roao 46 foot.
0. You have toatifiod, I believe, thi^.t tho bulkhead irai
Open ffuring tho irri/^^iating aeaaon of 1907.
'• Vos, sir,
0. Do ycu know hethor or not the bulkhead waa open wide.
2 2
5 0- °
7 C C
o
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SO that tho wat.er wouxh't rise in the abaft of which you
BW)ko?
A, I hjBi.ve never i'son p there and eoen thia water all turned
off in the ijant season, I don't bolitjve it ever was all turn-
ed off.
0. You have examined it during; tho irrif;ating season of
190V?
K» I have been there a few tiraea,
Q. And you h- ve looked down l.h« shaft ano seen the w^.t er?
A: YeSj air,
0, About how much of a drop do j^ou think you rave seen there,
at the lowj at juoint of tiie witer?
•''^ I was there only a alwrt time af er t at bulkhead was
opened, and I was there a^ ain thiafaE, and two or three
titles that T was there there ^as water— tht. v.ii.t.r ./as not
all turred off,
0. How near down to the tunnal would vcu aay the wnter was
turned off from the obaervationa that you liade?
A. The fir at tr.e I was there after the bulkhead wae opened
tJic water had f-one down about 15 feet, «id then this fall
when I '«i8 t' ore arain— I don't know that I wblb there but
twice-- then the water was up over 40 feet at the head of the
tuji nel . .
Mr. Waters; 0, Do you metm 40 f e' t above the tun el?
A. ft)ovo tho tunr el in the ahsift, at tho bead of tho tunnel.
At that time there was ab( ut ;-' fo<t, Tho water was ahout
two f cf t lo r tVan it was when I metjwrod it tho laat time
that a].rinr,
Mr, Huokcll: C. That would indicate that the bulkhead hnd
i. - y-
S o 2
5 a. o
7 C IT
J -I i
a < lu
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not been ope nod to ite full capacity, or the full capacity
of th9 tunnel,
A. It laifrht have be{ n in the sujoer or raiddle of the out: er,
and then raised a^ ain and I wouldn't know,
0. I mean at the t iaa you aa* it,
A, At the tin© I uaw it there was always water there,
CrosB Ecaxnination.
Mr, Chaprfian* ';, How frequently did you aec it in the aum'.er
of 1907?
A. I 8«nv it on May 20th £uid June lOth, and then I difii*t
aeo it a-ain U' til about the first of WovombT thf..t I aa
poaitive of,
0, Has thwro been any chan^.^ in the 20- in oh well? during
tiic time yonr raeasurtrents were taken, over which the oirine
water waR rneasured?
/L Any cJiarvP in the weir?
Q. Yob, air.
A, The weir baa been the aame now aa it ta-.^, ai' co 1904,
C. Did you laake any Kie^iaururiieiitB of rhR asrin^ s'.'ater after
Hay 20th, 1907, and before Septeita nr f irat?
A. I d dn*t Eoake any moaaurcifitm ta bet eon June 9th ar>d
8©j-teia cr first.
0* What did it hieaJiure on June 9th?
A, 2~3/4 in<j:hea ovor sha ?reir, or 30.60 i'lChsa,
Q, Did you ooake any JEjeaaureEi'-nta of t.he Y tunsel betwi^on
May 20th and September first?
A. No, sir,
G. Thdrc waa nothing to pm vent, your maaaaiing thoac plnea,
was there?
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*, No, ir; I oould have mcnour«d tVioae.
C. You say tr^t w ilo the wKtor lotred to some extent in
the 8)rinif5 or ovor this woir during the 8a'.rtor, you still
had about trdce as rnuch r/ater afi usual last year, as you did
the year previous or the year before that?
*. It haa run pretty ne.iiriy twice as much
0. Did you take any not ico of the water during; other tiaes
in 1903 and *4 down to the present tine?
A, Yea, 8ir,
G, Isn't it a ''act t'-at there was a frreat doril more ru^ ning
in ^he season of 1906-7 tnan in 1905-6?
K No, air; 1905 was a wet year.
0. I ajn sj.ieaking of th season of 1905-6, and by t;^at I
ara oountinf^ fran tho first day of Septerab r, 1905, until the
first day of Septoiri'«r, 1906.
A. 1904 and '5 was aa wet as 'S tuid '6 or '6 and •?.
C I ani only p.Bking abov<t the season. Not the calendar
year, but the rainy sc-son of 1905 and •6. Was t}k re not
yery much loss rainfall Vnm there was in ll'06-7?
A. K'sli, thoFio l&et three winters wore all wet .'.inters. There
was not a i.T'eat deal of dif ferei>!ce. Tney were all thrtc wet
winters,
0, Did you ' sy any attention to the rain records in this
section of tiie country during the time you hisare bot.n here?
A. Not in particular,
, Did you ke» p any records yourself '
K No, air.
0, And you think there was no more water in 1906 and •? in
the seaBon of rainfall than there was in 1905 and '6?
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h. Oh, thoro wa? possibly four or six i'n hea more; but I
havti obocrvod that t,ho rec r fl run from 26 to 50 inchee In
those In >t threo years,
0. From 26 to 160?
. Yf:8, r.ir, B\it <"hich w&b tlic wettest of the three I
can't loli vou,
''^. Are you counting th« calendfur j/eare or the aeaaons of
rainfall?
K I know tho first year I was horo it wai: dry, and in
tho fall of 1904 that was dry, but 'he a ring of 1905,
the 12th of March, v/e i^ot a flocd, and thti 12th of the next
march there war. another fall-- 1: at winter we h e lotK of
rain,
0. The eeaaon of 1904-5 was one of pretty ccnsieerable
rainfall?
k The lat--6r part wa'S; yea, air; very heavy,
0, I i'JQ spcaki»>g of the entire 8oar>on of rainfall, from
Septombor first of one year till Septeiaber firfit.
A. As I remember, there «aa about 26 inches tho first «t
yeiir,
0. That i8, 1904-5?
^. Yea, sir,
0. And 1905-6?
^. About 30 inches,
0. And •6-*7?
A. I think it was not so tnudi as the year beforr. , but more
th fl tho f irnt wet year, and kind of between the two. That
is the way I rtme. ber those seasons .
0. I speak of h; yonr 1906-7. You think that was not as
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much aa the yoar before?
^. Yes; I think t:j!.t is tho wet '45 at year of the three*
Tho middle year of the thi-e* ib the we tweet.
0. Do ^ou know wliat if any work Jiar be: n done in the foot-
hiila to increase tho quantity of u'lcierground ..ater?
A. At what point?
0. Above this ntring of wella of the 8an Antonio ter ^oi.t-
fany t'lat you 8i«ftk of and out east towarda the ere ok?
A. The only thing t at I know of, tho San Antonio Water
Compariy aoccd to b(.' satiefied with w at they rot in tho
untie rf low, but they went and turned th^ Burfa^-e flow off ao
we couldn't f^et any of it.
C. Where did they turn it to?
K. On the flats to the wcBt of it and so it has nev r any
chaicc to f^t lo u8 at all,
0. Give us a more accurate cioacrij.tion of where they turned
this surfaoo watior on to tho plains?
A, It ia a mile or a i.tilo ruid a half above 19th Stror t. It
ia a couple oT iiiiles above 16th Stroot, and it ia two milt a
or three mile a above our ajrin/'a.
Q, On niiich airie of ♦^ho creek, the east or t>^e west?
A. On the we at side,
0, ibout how far from the cre^k to whare they bsf^in to airead
it over thr : nrf aoa?
A» They throw a din acroaa the creek and turned tha aatar
into the waahea. There ia time a when the orottk up near the
mouth of tho Oucamonra C>uiyon ovetf Iowa in the flood timea,
and by pllin^^ a litik rook dcaa in there you oan throw
tho mter off into tho waahea off to the w© at of the cre(;k.
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0, Did i«hey divert the ater and spread it over ho aurfaoe
of the 'round and in th©se waahes that jou aijeak of to a
gn;ator extent last oprin^, in the season of 1907, t'mn thsy
h'ii before that?
Mr, Britt.: T at io not cross exaiaination. Diore are sone of
the 80 proceoBos set up in DiC' answer in the caao, and ii is
part of i\m ricffT* artt's case, if it has a value,
Tlie "ou^-t: It is prut-ty hard to t«;ll wrat is cross exaCiina-
tion. It deals with the question of interferences with water.
It is reeponaive to -.he ^n< ral proposition,
A, I don»t bciiove they did as much l&Bt cij-ring as they cid
thft yoar before. Of courr^e, they have b.- -n doing t ut all
of thoSGwet years, but 'he season that I noti^Kd tho roost
was a year ago last s^rii\o;.
Q. Th^;t «ouId bo 1906?
A, YcG, sir*
0, That is when you noticed it t.ho most?
A, Well, both rij.rinKB. I won't bo positive,
C, That Eady tunnel that you speak of, you sif thero are
more people and more companies interested in Vmt tan«lT
A, I h'*vn u"'i or Stood so.
C, Do you know -rat companies?
/^, The nuoai'Onfica W',ter ^Of.npan}'-,
C, Pricr to put ing in the bulkheads in Jtinioary, 1907,
had the?re boon any apparatus or d vicft of any kind constructed
in th/ut tunrfil to prevent 'he flow of -iter out of it?
A, I think not. Not that I could find out.
'^, Ths Cuca,'non;?;a W -er ''ompany furnifih«s water to a ftpod
many people, does it not?
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A. Yob, air,
0. Ann from t^at ttonnol?
A. Yo5, sir; they rot part of tho flow of the tun-ol,
Q, And how Tr oquently did you obsMnre this vaite water off
in the rocky points and waahes that you speak of, fron: that
tUIl'iCl?
A. Well, in 1904 and th« fall of 1904 and airinff of 1906
I noticed it most every v/eck, Fvery time I would ro to Up-
lands it ^ould run uncer the bridfj* , -.nd I have observed it
for weoka and laontha, I harn observed it posBibly every
we ok anc! sorjotiines onoe or twice a w«ok,
0. Isn't t at water used in the irrigatii^ Beason partly
by the San Antonio -f uople a'd partly by the Oiicmuoni"* W tor
Tomfany for irrigation?
A, YeG, sir; in thn sir.i or titr«),
0, At the tinis you observed it it was at a tint Whc3n it
was not employed in irrigation?
A. Yes, sir.
C. irhen the bulkhead was built in the tun-^el in 190? in
January thoy were able to control thi; flow of water from the
tunnels, wore they not?
A, Yes, sir; thoy controlled it till they opened thy bulk-
head. It didn^t fyt quite full.
Q. kid then they could control it to some extent?
*, I have my doubts abtut that.
0. Aftrr );.:i.y 20th or 10th, wrien you w«nt to this string of
wells t Mat you Sj^oke of, you say you foundt^iem burricaded and
loiiksd up 80 that you couldn't pjet any information. Is thtit
correct?
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A. T'iUt is correct. That is Uie condition I found tiem in
on June 10th.
0, Did you oako any ai4>lication to tho 5>ari Antonio "'
^onpaiy or tlio San Antonio— tho Ontario Power Clorufuny— for
j^anaisaion to laako measura.'fiontB in these wo. It?
^ I haci Mr» Waters phono over from his office to i^r,
Gro g*8 to 8©e if antisfactory arranwacntB couldn't be
made, HtJ tolaphonod ovt^r to mt. if he couldnH get tatiBfac*
tory &rraan>raents, or ht; would have to ^i, an order of the
court. And i'r. Ore g phoned hack that he th)u -t it. auld
be arraii' id all rirjit and thcjy would d low me to later on. But
I novor heard anything abo it it. I nevi;r reooived any p nnis-
8 ion or any orner or aiwthinf;;.
Q, Did you know .hy ttey had locked up and Isarri adod those
we 11 8?
A, No, 8ir.
0. Did you make any inquiry of thorn aft to the cause of it?
A. No, sir.
Q. Are you acquainted w th tiio president and secretary of
tho San Antonio atf^r Hompany?
4, Tho prooident, I njo^ !'r. Le(^ke.
:. Did you ever hare any talk with him about it?
A. I did not.
Q, I htiiievo I aaked you if you Ksde any raeasuroments in
the Y tun f el after M^y 10th or 20th, 1907?
A. Not aftor June 10th, I dicm't.
0, Did you nr.,ke a Baeasuroment in the Y tunnel on Juno 10th?
A. Yo8, air; on June 10th, 1907, It was f)l-l/4 feot to w ter.
0. In the Y tun-el?
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s o 3 14
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A. Yen, air,
"•. Han you give ub a description of t^^at weir ov^ir h oh
the meaaurGients were made of trr. ajrin/!; waler?
A. Yea, sir. In the f ret place there waa a concrete maton
work y.\it in thore and an iron or stocl weir put in there,
and thore waa a 40 or '.>0 i' oh weir put in there, and in the
Btt'-rcr of 1904. A sentlecian who took water measurenier.tB for
Mr, Ihrif^t here and casre his teetiraony hert- at t're oth?;r
session (I can't recall his name j-jnt now) he took a fieoe
of sheet iron and nade a slot in it on each end of it, 10
inchoa wifie and about four or five inches ^eep, blocking up
the mid(;le of the bif?; long weir, so tha.t over hero on this
aide of x-he «,'eir and on that side of the weir there are two
slots,
. Two ten inch slots?
A. YeR, air; tsw ten-inch slots, caado out of quarter- inch
or three-eif^htha iron.
0. Did yo« Measure arsy otKer wells in t' •.t dis'rict than
those a»a8urei.«nta of which you have s oken?
A, None exoe^ting the 01d Set lers* wsil,
Q. fheroaboute is t at?
^^ To !>n; northeaat of 'ii n rings and rod hills about twt
Liiles,
C, Hotf frequently did you make measurenents in t/iat?
A. I have pulled the pump a numher of times in 1904-5 and
•6-'7.
0, Have you '-ot a nemorandun of your measuren^ents?
'. I never made a ciiiQorrtndum of them.
0. Did l}w water incre ae in t at wll in 1907 as it did
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in the others?
^, No, sir; every spring thowiter st^ftnds 24 fct from the
curbin/t^i J\i8t about the 8fL.« thing every «>>rin^,
0, There wa3 no diffor^mce in the 8|jring of 1907 from any
ot er 8] ring?
A. No, 8 rj not a bit. le puin}^<;c' it a little lo. ' r in 1904,
and 39 fo^t frooi the eurfaoe wan the lowest,
0. When lef t to itsolf it cjotioe up?
A. To 24 foot from ihf: aurfacio,
Q, Will it regain t'loro during the entire leason?
\. It is at t^uit point w^'f n ?/e ca.if;;enc'; to pump every epring,
"•, Then vrhtin you oooee to j^ump in the fall does it rise
to the 8arf« hifjht?
^. Thoae dry years we pumped till it rainr^d. I dop»t reacm-
br Kbdi whet}->er it was Novarber, December or January.
0. WVien you cease to yurnp does it cone up to the same hiffit?
/I, I Toriiatcly. It coHifis ri;:^iit up,
0, Can you toil mc exactly where trf,t is located?
A. I think you v,ill find it near the northeast comor of
aootion o. Our well is rirht ^h^>re . (Pointing to a dia^zram.)
0, That is the northeast corner .f section 5?
*. I g^ieRs it is ri'ijit in tiiere on lot 8 in section 3,
Q, Near the north bouno ry of lot 8, section 3? Marked on
this dia^w/j 4?
A, Yes; rif?Jit ftbout thore. (x). T'lat is as near as I can
locfite it,
Mr, Britt: I tiiink thoae are l t: frong bunch of exhibits,
A, Yes, sir; they belong to the Louis Snith oaae,
Mr. Ch.'iiif.ian: 0, Are those tft-o ten- inch weirs both 0}X5n, and
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were you using bolh of those weirs i^en you wo making
thoBO aioasurci onts?
', Yob, B-.r; aiwaya,
0. hna w>iftt ia the width of the space 1/otweon tiie two
10-inch wulra?
A, I never measured that 8}-ac©, I think it was a 40-inch
weir in Uio first place, and ihv raid die half of it was
filled up. Then is at least 20 i ches between the two
Q, And thtin a 10- inch space on each aide?
A. .Yea, sir; 0}^jen,
0. Have ^ou any stock in the f^ucarion-cijft W tor Company?
A. No, air.
0. Or in the Oucamonga Irri^^ting '^o^n^.pjiy?
*• No, sir,
0. Your int<- cats are all with the Old Settlers?
A, Yea, air,
0. In 1 03, I believe you say, you first saw that country?
A. Yoa, sir,
Q. Is t ::at ri :ht? Did you sey you first wr.nt thjre in 1903?
.«, I think it was 1903,
G, About, vhu.t ttrae of the ye.x?
^* In the sii ©r time,, I went 'Jiore in Aj^ril four a'ld a
half years ago. It iviil be fivt years in April ex wssut
since I caiae to Oucaraon/'a,
Q. That will take it back to 1905.
A. I think ao,
0. Did you have any interest in the country at that time?
A, April yth was the date that I traded for the property
^, vJr^
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t^]at I have t^^ere.
C. Tfiat is the 20 acre tra t t. at you etill ovm?
A. Yes, sir.
0. Whore did you aa^ that «ib located?
K, Half way between the bar* and tb.t schoolhouse in Oucamon^.
On the north elds of San Bernardino Avenue,
0. 7)id you oh8<!rve the stream at that time? Did you take
a look over the country for the purpose of detemining any-
thing about tho anount of wa*.er that was t-^ere then ?
A . Not at t^at time •
0. About when did you fir at observe it?
A, About tho middle of the aur-er,
'^. 1905?
A. YcB, sir,
C, Ab' ut how m^oh water as there then in Ui^ creok?
A. I aJiou d jud;?TB about 18 inches; softfi where betwern 15
and 20 inches,
Q, Whan wis it -hat ycu conalnicted this drain ditch?
i, I did th?it along about January r-jid ?cbr\iary, 1904,
0, Where me it constructed?
A. We fiad a big 50- inch j^ii^o line t^ at leacis dcv.n from the
creek to thf- weir that ne have be'.n sjeaking about, where
the 8 ring r/ator is measured near the brick hotel. From tho
ho^id of tJ^iat 50- inch pijie line, about 90 fe- 1 north, ri;dit up
the bank, anri thRii turning to the left and ru»ining about
100 fc()t till we got ri/'+>t to the bank of the creek,
^, You say turned to t.he left. In which way were you f'oing
#hen you turned to the I'ft?
A. I ¥B> r} ninning about 11) do^Tt'- R to the ■sHt nf north, itnri
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I turrod and ran pretty near west.
", Ho» far from the crcf^k o-id you run t ;:)t cut or drain?
' . I kc|/t just m far from the creek as I could till I
turnod, am toen wiien I turned I turned and ran to croae unoer
tho creek, which I have ainoQ dono*
"• Do you know about how Raich 'ater you collected in *J:mt
ditch, or inoraaavd it?
/• In the ne i^jhborhood of six inchtis,
0, Has it continued to flo'/> in t ..t ditch ever sinoe?
A, Yes, air,
'\ To ab^;ut what extent?
A. Well, it ran do^m to four inches. Mr. Wrif-ht /a^ve a
raeaaureiaent in the other session of four i chcs. That is
thv3 lowest it ;^t in the su-; er of 1904, And it has usually
run about 6 inches, winter and ramner, till this fall I in-
creased it aj^jsin and laid a fifteen-inch stt^l pipe line umier
the bulkhead and i^a sed tho orenk and brought it up about
fifty foot from th© creek on th<i west side of the creek.
0. Waan»t affected during tho ipring of 1907 in like man-
ner with tho otner waters t at you measured over that weir?
A, No, sir; the ditch didn't seem to be a' 'ected at all.
I no er observed ary dif orenoc in it,
'. You dian*t o&ke any raeasuronx-nt of tho water of ti at
ditch diet if. ct from the sun total?
A. No, sirj I never nxjasured it separate from the cretk
water.
Q, Did you raoasu)^ the water in this string of wulls tnat
you spook of prior to 1907?
A. No, sir. In Decc Ver, 1906, just the one ■•aauraBent
n
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on Doocfrfoer 25rd ,
0. How did you i^t into the well then?
-. The wells wa measured at that ttoo were open.
^, You don't know who opened t..>iem?
K. No, sir.
Mr, Haskell: n. During the irri^!;ating season of 1907 have
you viBitfjd the mouth of the San Antonio '^anyon?
A. No, sir,
r, Britt: Where is that bulkheah situated in thu tunnel'' Is
it close to tVe mouth of iho t';n^-el?
^. Nc, &:r; it is not far "roin the middle of the t i^ol.
0. I think it has Uicn doacribc heretofore . I iicrcly want
to rcfree}! aiy o'wn recollection about it,
r. rDTapman: 0, I Trant to ask you one furtherq\testion.
You male no measure a ts of thti vraters in thr, s rinira from
Jw\ e 10th to Septe' her 1st, 1907? Did you bbJcs any other
iriertHur'' ents during that tiifi^''
*. I : .'jdr a Hieaaurft cnt or two, biit the w^ter was pra;:ti -ally
staridin^, about the sa. e, and I didn't make any record of it.
Th;r-: wasn't mi;ch Ghan*?^ in the water during the sur: rr, and
while T measured it a ti'/e or two I didn't .'.vvke any record,
^, Bet>^^cr;n June 9th ar.d Septec.btir 1st there was a c anpje
of how niany inches — 30. bO inches,-- and Sopte bor Ist, 43?
\, This charvre t' at you ha^u ref'^rfncc to th-re, thrrx was
dboiit 30 inchf.B o!* v;ater ru' nin^; down the crewk and in ; he
ditch tc,> thor, and when I extended the ditch under tht^ bluk-
head and undf.r t le crock and i^ut in the 200 feet of su^wier/'ed
pij.e— tv/o-foot joints of stctl pi}.e ana laid with open
JJointe — I increased tlv) water froi. about 30 to about 44
i
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inches , Tiat is t,ho only increasie.
0. When r.irl you (O that?
A, Wtil, I have a book at homo tiiat givwe a date iihen ray
men wero working tnero, but I didn't r^hink w bring it in.
I litivo a book sh wing the t>xact date when I starU.d to work
arui C02:ij.>lGttJd it. It wa!> Btartnd in Au^st and completed
in Sopte/riber, and I muaBur^d the water when I started in
and '. r was 30 inches, and when I quit there w&e 41 inches,
Thf3 laBt v.^iS the Se^torabor nieiaRurtii' nt. B\it the 60 inch
raeaoure- cnt I didn*t rnake a record of tnat, b t I increased
it '0 44.
'^. You 8i.y on SeptO'.^er let 4^?, 20, on thoZBth of Septerabar
57.20, and on Novtanl)f;r 9th, 44. 21 inches.
''. These ;af;.asur<;;'?ent8 are correct, beni^use in SepteM''^(r
j'jst ii'ter I ,t)t in this water, I tapped some lit if resor-
▼oirs and they draino' out and the -at^r aeon drOj i ed
f rofQ 45 down to 37 at 38. Tn at is corroct,
Mr. Haskell: 0. This B'rsuft that ycu a oftk of th;.t was driven
into the Kady tun el is driven tlirou^'-h a portion of ^i red
hill?
i. Yeo, fir,
C. Ana this well ti.Kt you s^^eok of as belonging to the
Old Settlors' '%ter Company-- Is that t^e nar.-je of it?
A. Old Settlers' >7 ter Company,
0. Old Settler's water dooipiifiy — I will first ask ) ou in
what dire(;tion docs thn red hill run frora this tu nel?
\ It runu towards the northeast. That is, you t>iko tht.
ranr^.o of hills, th'i creek outs tnrou/jji aJid runs northeaat
for about a mile.
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0, Do you 8oe r'T/ undulations of ihr: jDjround even b<;yond
t'Mit to th'J northeast?
^. Y(.3, oir; and it ia a little more than a mile, aiinoat
oat-a-Gornor across aeotion 4, It would make it nearly two
oiilos.
", In reference to this Old Sottl rs well, on \?^uch aide of
that ran;j» of hills ia it, in referonoo to the momrains?
A. 'Jl^?ll, it ia froa tim northeast cxtronity of thn moun-
tains, it is about a quar'.or of a iViiic nd a quar or
of a mile 8o;;th,
'•. Ia it on t ic south side of this range of hills?
P^ It is south and 9aMt\ about half a mile from the north-
etist point, south and east,
0. But it ia not hotwe«n this ran^ro of hiila and tht; hi;:h
mountainfj, is it?
A. No, air.
Her© tho Hourt i akea a re 'Gas until two o'clock P. M.
-0-
AFTEHNOON SESSIOM:-
J. B. FOX.
J. B. FOX, being recallen for plaintiffs, testified
&8 follows:
I)irc:;t Kxaraination,
Mr, Britt: o, Mr. Fox, did you in the course of your
explorations in tho neip-h orhood of Base Lino, and on the
de th of those wclla, the ap [t^ aranco of wa'.e • in th< crck on
the ea.t side of the mt*, hill, run any level to ascertain
the eiovation of tho lar^ w^dla which you call no. 14, and
tho first Manifestation of ater in the oreok on the east
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1 aide of thtt red hill?
2 A. I W! uid atat« tnat •■>. Oousins h-^' •>•?) level of th^ae
3 pel la above thoro <m thebig well, ..no ■ rtun the l»jrel from
4 the Rubio w^ll, where he had a station, do^vn trO thw miter
wlKiro the spring water raisee.
0, Whsit do you call ai-rinj^ . ^v^r?
A. Whero tho tfat.or raisea in the Oucan'Onga croek thatmakss
thia aprinf^, ater that T havo \ucn si«drinflj about nf^as-.rinp;.
C. Whic>' aide of truj rec* niii?
?. Tho oaat aide of thu biip; red hill,
'\ You founc; tl at cr. vat. ion to bo hov'/ ri'ich— Th?- elov8.tion
of the firat a^ carance of ' ( r?
• . I foimd the aurfaoc elevation timre to be 1356,90.
, At w.;at ticae din you r;ake '. at ohsfirvat ion?
A. On IS&y 10th, I believR,
16 ■'■. 'ff'Y'.-t year?
17 '. l^^O?.
IS '. T''«'' -h t I'OiiV. did you Beicct for taking th- . 1 .va^icns
19 in the we 11 no, i4?
20 '. I didn't help to run t^at lovol. ^, Houaina had that
21 levtl,
22 0. TVitn ,ou don't know what it ia?
23 .*. Only aa he gore it t© «•• He jrhvo tho Icvol at tho big
24 well on thf; surface aa 1406.94,
25 ?'r, nhay..mn: I aK>vt to atriko t' at out a:-. incoru<tent,
26 Tivo "ourt: Stricken out.
27 ^". Have vou ot thr elevation of the Rady tunnel at ^hr
28 point Where it inter ao eta wril no. 14?
29 A. I kno*ho.. deep It ia down from tho aurface. It ia 113
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0, What ia the elevation as cooiared with the elevation of
th<! f irst a>-}Barance of water in the Oucaraonp* Orock, if
you know?
A. It is loiror.
", Bo you know ho iinch'
A, 38 foot,
i^r, nhapr-ttn: 0, IBmt ie that point t^iat ia lower than the
water of nucarrijn.^'t Ore«k?
ft, 7''here the caaing ie cut off in the well at the head of
tho I5adv tunnfil where this vater has he'*n wastin/^ from.
Mr. Brit*-: 0, Tlie big well is the sanic one t it v u desig-
nate 8or..oti'ac8 ao no, 14?
*vi Yea, Bir.
Mr, yox, h?ive rou ever noti^'^r the conduct of tho water
which coraes aown the Oucmrion-a Canyon and tiienco flows
on the lurfaofi, 80ii» of it, in the direction of the Cuoajiun^ra
S^rin{j;8?
A, Yfts, eir; I ^-d up to the sprinra after every flood.
0, Up y. ert?
f. To the 8prin,^8. This ditch Kiiuru I dug and built, th.
bulkhead and kept 'he *ater out of tho ditch. I usually x>
up several tiroos afi^r a flood, since I have hac* ohargs
of the wat^r,
. That ia close to t>tO brick hotel?
.\. Yes, air; junt above t^ere. But it runs rirht up to the
orenk bed, I build a bulkhead to ko<. p ho cnnik out of it,
C. What T am directing your attention +o is the v»ter that
oomes dovm froa the raount^iinB in theTucamon^m ffreek, and its
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boliaviour after reacMnfO; the foot hilla or the slopa at the
foot of tho Dountains, in its nourse thence down aa ♦'ar as
tho Baae Lino or, w will eay, the Oucanomra aprineTS,
A. Yea, sir,
0, Have you be<}nu{) there frequently?
A, YoD, sir. When thor't ia a big ficoci it paBsea by tMc
Cucaimon,<-a Sprinf^ and under the bridgp and across tho San
P«riRrriino road,
0. Suppose it ia not a big flood?
A, For a short ticw there is a bip; head of water, but it
atopB very suddenly.
0. Where does it atop?
A, Usually stops between Base Line and the mouth of the
canyon pro}«r,
Q, W-^ist sort of laio ia t'nat l^et ssee.n the Baae Line end the
mouth of the canyon proper?
A. It ia nothinf^ but a gravel and boulder bed as docp as the
drill biR ever bfion put down, as ^ m- a a' yonc knows,
0, I don*t kno^v 'v-ethftr you sent down any drill or not, I
had reference to its a} oararic( on the aurfaco. If you have
drilled below the surface and know anything t' at you can
testify, let us have it,
A. I have seen whore wells have bft^n dug and drilltd and
I knot? tho mater iail that cacie out of it.
The -'ourt: Has the testiiuony in th^cPhorson case ben
atipulatof' in?
Mr, Britt: It hac not bef^n as yet,
C, This ^ccrnon/2;a flretik t; at you Sj^oak of aiongaide of tho
rod hiil, state w^^ether or not 'fit is continuous with the
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(7ucamon;-.a oaiT'on in the moun aine— a continuoue wash''
h. Ye 8, sir; continuous,
0, Have you ohoervf'd dirring your rosidenoc tv-ore , which ia
I think sinco 1903, whether ofc not every season, unless it
be 1903**4, #iidiwa8 a dry year,— v eth^ r the ater cams
down that wash as far -iB the sprinpjB on thr- surf rc;o in
■eaaons of conaiderabLo rainfall?
A, For the last three year a thero hblb big volumes of ter
ca."B down and passed the 8irinp;<fl,
Mr. Haskell: '^. I undrratcod you to a - that you ran a
levol from the Rubio well to *he point in th, crci k bed wycre
the fucarnoni^ 8prinp;8 mr water f irr:t risos. Is that correct'
A, Yes, sir.
^« You assmricd then t' at Uie Rubio well had a certain
olovation, did you not?
1. Yea, sir.
0. What miB the e ovation at the Rubio well that you aa-
Bumed?
A. 1460.61.
!Ar. Britt: 0. Inches or feot?
A. Feet. 1460,61 feet,
(Trras Kxamination.
Mr, Ghapraan. , Returning to the flo'«- of waters durin(^ the
lasjt three seasons, you aay it flows a large atream down to
the Hucacon.-a Sjrin(.^8?
K Yes, sir] larr;o bodies of water pass th<; sirinfra,
Q. Ar)d for v at length of time in the aeaaon''
A, Weil, those big heads of »vater would nin anyv^herea from
one day to a we«k or two.
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C. How l&te in tho Be aeon?
A. Once in a while y.'e aeo the irater in April, but usually
most of it in March, Thr^rt: ia no water passes af'^r April,
0, Is ti ...t iM<5 result of the rainfall in the raountainB?
A. Yea, Eir.
0, In Uikine; these levels th? t : ou a|Cf»k of with I'r.
HousinB, what ,art die you take in tho ^yC f onaance ?
K I vent ahead. and*«> I aupjjose X was vhat was a fla^^ian. I
would raise tho {9LUge or lowRr it as ho instructed. Of
courec, I aooietod r, nousino,
0» Wiiat is your occupation, r. Fox?
K Rancher a>>d oran^^ grower,
0, Have you ever betsn employed hofore in tr.kinf; levels at
all?
A, Y«8, air, I have had eome uxpericnoo in t*-at work,
0. I'.tai?
A, In Yon t lira county.
0, #at j.ort did jou take in ti at?
* , I h?^c aaaiated difTertnt Burveyors in running a rpod
Diary milcp* of m^<pn road grixiea,
Q, Wiixt aasietance diti you give?
A. In differsvnt ways,
O4 Did you ever tako i^hc levtil yourself?
^* Y«s, sir,
% With w at?
A. With difforcnt kinds of instni- erts,
•". Can you nacie soioe of them?
A, Well, tin. compaae, and I have uaed other inntruiamti
t'vit mve not iher gular eurvryore' inatniMntB, I hasre used
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surveyor's :
Lnstrui ents some*
0.
What surveyor's instrurio' t did you use ?
A.
A regular surveyor's compass . I don»t know what >,ou cjall
it.
0.
Don't you know the nacie of it?
A.
No, Rir.
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c.
How (id
it wt.rk?
A.
Tho saiiC
1 instruient tliat the Cteunty Surveyors use,
. I
have asaieted \>ho (^ou.ty Surveyor a gQod any time a.
*
In «r a.t
L^thod did you take a level with one of those
car.uj
[jassea?
\
You set
the instniT.ent and ,'-et your level, and then you
take your level to any point that jX)U 'want to take, or if
you
want to
rim on certain grades you set your instrument
on ^
fif' atevor
grade you want to run on. It depends on w
at
grade you nmt to run on.
n
How did
you take your levels?
.".•
I had a
fXS^duatod staff vrith a tar^^t on it, and :
'ou set
ti'iiat tarrct
and fror/i your instru^ient you level with t-
at fAT"
^t
at tho slartinf?; point, and take your levels up or
down.
eit
ler way.
4
You S'Sy
you asBuioed what clovationi> at '-h Ruble •.
vai?
A.
1^160.61
feet.
0.
Was that ihu surface of '^^ht ^^-ound?
A.
The top
of 'he cTurbing. The Lop of uho platforci that
the
derrick
sets on.
Q.
Why did
you as6ur;0 it?
A.
Because
f'r. Cousins hati run a level at t'rrit point
before
froiri othor ]
^.ointc, in ciaking other surveys.
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1 Q, kv.- told you t at t>iat aas the olevation?
2 A, Yob, sir,
3 0. A.nd that is all you kno ■ about it,?
4 K. YeB, air.
C, You say you ran a lovtil to the wa ore of fhicamon^a
S; -rings?
A. Yes, oir.
Q. %nr was that level taken?
A. I cirri*; d the fla^ or staff and went ahead and aot it
as yr, Dousins would want it, 8.nd he would f^ beyond mo and
h© would tako the level back and forth till we got the fall
from the Rub o woll whare the w{:.ter rooo,
Q. How did ho take the level?
A,. With the instrument hat he aurveya with,
'". Do you know xhv, i\bim of ihe instruf^ient?
16 A, I don't knov-f rhat you a^dl it,
17 0. What did you say the differ--; iftoo in elevation bctweta
18 the two points '.vac, betv*i;in f.nc Rubio well ar.d thf: nucamongpi
19 Ririnj-a?
20 A. I didn 't say,
21 '^, Did you know anything B.hout tho • evatccn or cUferf ncc
22 in elevation except what ^r. Cousins told you?
23 '. No, Bir; ail I know about it «as tho level that v)t ran,
24 ^. I undorstood you to say that the differcnoti in eitvation
of tJie^c ajTon.'^a S rin^^s and woll no. 14 was 36 feot?
26 w Yoo, £iir.
27 *"'• How did you know that the ujvation of cither place was?
28 *. I only kno ' from Wf«at I have been told in well no, 1 ^ ,
29 That elevation was gi^'on to dw, I aa those f i|p;ure8 cornparcd
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with^'r. Tft'if'ht. Mr. Wrirtit arrJ 'Y, Coueina compared fii^rea
on that and J'r, nouaiiiB had that Rubio Aell ae a at a* ting
point.
^. T>ie figiiniB themaelvea you b-iv© jc^t ontiroly from what
Mr, Houains told you?
'', Yea, air.
0, Bid you know at v?- at point on the ire 11 no, 14 the cor;}«.ri'
aon war. nodei of the : lovation of h^ riucaiiionf^ Springe
A. The bottwB part, 113 fe«t from the aurf aoe , is t,l e point
he mado ^he compariaon at.
^, ia The baaia of ^'^^^it cot.i ariaon, the data from whioh it
mkis Rjade, you derivod entirely fron hearsay?
»., Yea, air; as far aa ^fr 11 no, 14 and the Rubio v.cll ia
concerned ia jvst fro r,i hoaraay,
■', Did you knov. a^ivthing mor' abo? t Uic elevation at the
Oucttinon. a Springs than w} at iaa told you?
K I dic'iH know any irjore about it than the ate?- ting point.
I hel|,f!d run the line dovn there and helped run the level
to the aprinfjs,
^, But r,he lovf'la the-aelvoa ware taken by 'r. nouaina'
A. Yea, air.
0, And the result announ f,d to you by him?
^. Y^«, p'.r; and wc looked ovor t Ho j^iguroa tor-ct'-er,
Mr. "hav an: I ciove to strike out 'he evidence of thia r/it-
neas aa to Icvcla and comparative eUvationo between the
■lubio well R.nd +he Hucamon^a Sirinfii, and thfi Rubio well
irid well no, 14 and the Oucamon^-ia Springs «nd well no, 14, on
the rroiind that it ia hearaay and incompetent,
Mr. Britt: We will not rea' at the motion.
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The Court: Let it be stricVen out.
Q, At the point whert the ^/aters cominp- from the rucaj onf^a f?
Hajron
JUrtwat disapjflar on tho surface, about how far above t,he
Baao T.ine las it to w>!ore t ey disapi-eared?
■ , That ricionda entirely on the volume of water there is
coning down Vw nucamong C inyon,
Q. Bid }'ou observe it laiit year?
A, No, r; I d di*t ,;-p up— Yes, I observed it 1 st year,
C. kid at what time in the year did it disai^.ear?
A. I don»t tl^>dnk there is any crossed the Base Line after
C, And how far above the Base Line was it dry in July, 1907?
A. I di(h*t f!^ up the wash in July 190V.
0, rid you in June?
*. No, Bir.
C. In May?
A. No, sir.
0. How fiia y observations did you make in the year 1906?
h, I wish to corre^^t tmt a little bit by saying that in
IJay and June I wm above tho Base Line, butonly for a few
hundred yards; a short ways above,
, Not up BO far as tJie dry l^aid extends?
A. !lo, sir,
. In 1906 how was it?
A. In 1906 I was up Aove Base Line a mile ard a half , I
guoGB, before I c v> .o "pQ^er in June.
'\ Ana in 1905 how was it?
♦. I WHB above the Ba:;e Line considerable wayi, but I
wasn't up as far as the water.
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0. Were you in 1904?
A# No, sir.
0. Aod in 1903?
A, In 1904 I WS.8 up and aaw the v.^.ter running at the inouth
of thfl canyon out into the flat, out of t.ho mouth of the
oanyon, but I don't know at w 8*. ]..oint i<- sunk.
C, How far ia t ut above the Base Tine at the roouth of the
canyon?
A. It io between throo arti four miles.
Q. In 190b how far above Bnse Tine /ere you in tho auovaer
season?
A, I was a ; iile ar^d a half ^bove. P-iue T.ine«
^. No f anther?
A, I don't i.bink so.
Q, No wat^r tiiore'
kt No, air,
Q. Do you re o.'iibor how far ifcatcr flowod dt n— Do ;, ou
rorae her ^ ethor tht; water flowed do*n ae far as the
Sprinf^a at any tioe in the year 1904?
Mr. Waters: You iwiiii the aurfaoo atream from the mountains?
Q • Yoa, sir.
A. If it Oio I ri Gij't so*; it.
'^. Did you in r;y05?
A, Yes, sir.
0. How lato An the SfMnson vaa thtj lattst?
*. About A.ril.
'^. How lon^-; a lime did it flow?
A. The first time it cauio down there waa tiie 12th of li^rch,
and it ran for several days. At .ho time wo hai the big
t '- *-
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flood it ran a oouple of weoka, i.-OBBibly. ^nd after ti fit
uhon thf? rain and 'mter would com© down thtro inir.ht be a
bi^ Btrotom running thcro of Tmr or five huno'rrd incneB or
tc&y bo a thousand increB, imci it would all stop at once. At t
the tine theSari Antonio joople were turning the wat r up above
thore at the aouUi of Uie canyon hml turning it to the Bouth-
west, I h'lve been up there and there would bo a big volume
of water, und in a fev hours there wouldn't be a bit of
water. It depends on when t; fjy turjicd it out, how lon^ ii.
wouJd run. It ^'ould run all ihe time if it w^rsn't divrTted.
0, Did 1. ou a:.H thorn divert it?
A, No, air,
0, When it wa floAing four- or five h ndn;d or a thousand
incheo after a rain did you folio it up to a- e whether it
can» dcv.Ti frow the Gucaraon/::a Canyon or whether it '«a8 a col-
lection of surface ?yator thp.t fell on the plains?
,*« I did not, because I knov; the condition of the ground and
tho lay of the land well anoufrh to know that it carxj from th(.
moun'i-aina,
0. rid I'ou »3o the water accucriulatir^.g in that '^ucamonga
Oreek ,0 ho Springs, that it titi oaoxs from tho surface ct
in tho im!;£diate vicinity and not from the raountainx canyon?
^m No other lime ti an just d'lrin^:; a big storm.
^', Wasn.t Li.at the case w tii this 500 or lOOO inchoB of
water flowing down thore in A, ril, and irnrned lately after the
storm wasn't tnat Uie acuuxiiulation of the surface water in
the vicinity ai well as the water from the Cuoamon^^a Canyon?
\ No, Qir^ it was not. Because all uhe water that would
acouTdulate there would run off in a few hours; and I h ve
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8ocn this water run several days,.
C' . It didn't run several days in A}Til, I underataid?
K, I think it did, Thty had aaie ..rotty big raina in Mar-h
and April three yoars a^^.
0. That was 1905. How wafa v. m 1906?
.'. It 'Willi i-r. Lty .-:i ch 'he aauje. There fubn't UiUch di urc-o'. ,
^ . And in 1907?
A. T)iG rains vyero p-aotically the naxai\ not very inuch dif-
ference,
r, V/as the flew of 'iie water the aame?
A, Yes, sir; tbro wasn't lauch dif^en !x;e. It war pretty
much the aarnc in all throe of those years,
0. How late in the aeason of 1907 did vou a^f; thcwater
f lo.p down to Oucamonra '^reek?
'', I think it vf).:h about ?cl ruary. Wo tdcin*t have tj-ring
raina last Si-ring.
\ np»n ycu locate on ohis rnap whe^ro that Old Stittler's
well is?
A, I c?in do it better on a raap th&t I had laade of thia
businuaa, Wtj filed it h^re w th thoTcirt.
0, Can you locate it on plai' ti^'fs* exhibit 1?
Mr, Britt: la this th<) rrAp you ref c nc to'
'•. It io tht; raap th t Oouaira made, Thia is section o here,
and licrt is -'.e Old Sottlcra* well. It is pretty near tho
northeast co ner of section 5,
0, la it raarked'Old nettlera* Well"?
*. Yco, sir, (On Exhibit 8.)
^, k\d the place raarked"01d Setil- ra Well near the northeaat
corner of aoction 3 is tht. well which you hare referred to
-jjX4/-ajxr-- tnBt ijn ony? A, Yob, air , —
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W. T. LKVKK.
W, T. LK]<yE, hereto fore aworn anc exac:incc', being
recalled by plaint if 'a, tefitified as followB:
Mr. Waters : ^, You have already teutificd aa to your
official ca^ac'.ty with the dcfe>;d8rt,
f* YeB, sir,
. You are proaidont of the dcfondjjnt, I believe'
A. YeR, air,
<^, H- ve vou a» preaid;nt any control or poaneaaion of
any re porta, docu onta, hooka or paiiera, or anv thing in
writing bolon^ung to the ceferidfint, which will a how xhv. aii'ount
of water die char' -ed from the Fady tumjel in t)(C year 190?
<*. I r.hink wo hmv. auch a record,
0. ^^heiro is il?
\ I think it is in the of ice of ho company .
0, In it ahape ia it? In a book or i lot of looae ahocts
of paper**
^.» It is in the form of cnfi;inct;r»8 roporta— looac aiof ta.
0. What en^^necr?
^ . >«r. Trask,
0. And is it iiyde by him or rarely r'lturnod to him by other
employe a of the dofe ant?
.V, Marie !-y hini,
n. And 13 it made fro.n original inveatifrations or obsorTa-
tions of hia ovti, or ia it made 'rora rrporta recoived from
othor einployoa of the company?
K Made f ror.. hia own ori/';inal roportt,
^•, From hi 3 o n obaervationa?
A, Yea, air.
.^80.
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0. Have you in adc'ition to ihoBfi rej-orts anj' reportB of
p^to kfj p-r» or zanjeros or other o.ployes, ahuwinfr the aciount
of water cor in/y from f rX Bource, in the year 1907?
A, The zanjcro hat. f ilr d no report in the office. I pre-
81X30 he ha& a memoranduiri.
0, Is h« required ^a3 kof>p a book of any sort ehowin^ thi
output of t ut tuafTol?
K, No; he ifl not required to kcop a book,
0. -'0 vou know woth'r ho ^nr kept auch tt b ok or not?
' . I am confident he was a a» orandum* I don't kno how'
extensive it is. I havo instructed him to keop a i eracranda';.
of tho CO ditiona there,
0. knt. '.ivt -ou aeon the book?
s , No, sir,
^\ You don't kno.v "hether ho haa obeyed your instructions
or not?
A. No, sir,
0, Has any auch beok been returned into the office th -t you
know of?
*, No, air,
0. Do you know vhot'ier or not it has boen handed in to the
se retary or clerk?
A. I no of no auch action being reported to me,
0. Thon Tou don»t know whether it has be n turned into the
secretary or not?
^ . No, air; I do not.
0. You have a place into which to turn such thin^^s — an
office, with a secrei-ary or cl^rk?
*■, Yea, air.
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0. And he keopa the archives of the conjariy?
A. ynti, air,
^, W at iB hia ntme?
'. J* N. H-rtley,
C. Whoro?
A. Ontario.
Q. Whcrt; ia the office ke^^t?
1, Ontario,
0. Ib there kept or vaa thore kept in tb yetir 1907 a record
of the water tupplied from the Sady tunnel, and to i^ora?
In other worde, ahov-ing w^ at diBjOuition waa made of the
water whchoat-O out of the Eady tunr»l?
*. Only in a general /^y. The nu'or from the Kady tun ol
mingle 6 v/ith thf- water a of our jvjen ral r/atcm. Under the con-
ditions it iB practically impoebiblc to asoartein jwet w' ere
that waUr gooa, except it ^ea into a conduit of our oou-
pany at Ontar-io, or the colony of Ontario,
0, Ifcia the aai./e ij-iathod be n adopted with reference to keep-
ing recorda of tho aiiount of Uic: product of tha Rady tun'iel
water on the year 1906 aa it waa in 1907?
'^an we find t^v^t in the aaosa way aa you hare indicated t>Tat
i was in th*' 4thor year?
^ Yea, air,
C. In the aju* .vay?
A. Y«8, air,
0, How aa to the yejir 1906?
J/:r, 0>iapf.<an: T lat ia what he juat caid,
Q. How about 1905?
^. I aui not Bure about t>at«
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0. Did you h vb a f ire at some time?
^ Wo h'tJ a firo in V^e office, I think it Tvas in Vr.n winter
or 8>ring of 1V06. I know we lost t ^ od n&ny valuable pa^ vra
at t; at tia® , &rd I fu not sure about th« roporta from ttmt
Kady tunnol und from t -it tine b- dc,
'^ . Biit from t at tire down you have had no fire and con-
aeque::tly you have them?
A. I presu!.« t> oy are in the ©""fioo.
'^. Kov 'U.'! r'^ff^r^^'~(y: to * ho divorsion of the. flood ater
of fhica. ori^sa Giiriyon streaj^a aa diatinpiiiahed from my other
atreara, do you knov» .heai if ever your comj^iny in any wiao
construe ttid any levcca, ditches, cuts, or dama, up toward
the mouth of the '\ica:vion^^ Clanyon, which h\6 the result or
effect to divert the flood water of the ^ca-'onf^ Hftnyon in a
Chanel df^'orent from that which it woulr! naturally flow in?
'. I v.Tv.nt to ans or that correctly, arid to do ao I r.itiot say
t';at from the mouth of thf; canyon thfrc ere sevf -al chsjinela;
and riurin;^ and af er floods, or during a fl' od, aometirpea a
little drift wood oucurs and the waters on he debris cone
of the canyon in which the '\icar)on/.> atream runs — so otin-ca
it runs naturally in one chanfcl and soirxjti^f.'s naturally
in 'ho other, and it sprcuds over the cone., aa nearly all
nourte.in atreama do,
Q, Ail rlr'ht, T ^ 7'" r'^iornize as a fact, Nov7thcnj what I
im tryin,-; to -et at f.OL': ycu is .v • u.rr your ca--ij.uny has
interfered with t at atate of nature by artificial work.
In other words, did •■ ou do anything to ho.^ divert it over
your vruy over th ci i.ria cone, or did vou let it run?
A, We haven't diverted it for 'ho purpoae of running it
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©▼or our way. We havo eirply aaaisUd nature in aprcactjng
that waatfc sator over tho debris cono thA it, mi -lit sink into
thci gravels of triut debrie cono ani au^T^^nt and inoreaao the
undhrgrou d Viiiters belo* t'na '\icacaoni5^ Canj'&n.
Q, No#< then, can you V li ub .. • re you hare put ary obstruc-
tion in any of thoet. old -iaterways, or new onco, to divert
that flood ~aier to Vuc. t;H.8tcrly Bine of V^ • deh^-iB cone a?
A. Tn«i wuii-«rucuion3 aria da'.s t.'uit you .iuV'- re. wi rc-d uo are
siiaply temporary affairs, and can hfirdly be called daos, from
tho fact t at wo hare sent our rjen up there aftf^r a flood
and have instructed Vmm to spread the waters of any lar^.^r
stream in either direction, either east or .vest, wherever
they can apreaf* it out, so thi-t tl-ie v/at rs would not waste
down tovmrds the Santa Ana river but be retained in the gravel
beds ir?Modiately about the mouth of tho canyon,
0, I will put tJicquestion ri ht straight at you; Have you not
given the orders to turn the -'a ers to +.^*- wsEterly side of
tho debris cono instead of having your ::»n ^ up ti;ere under
orders to a^rcad it out irrespective of which sidft?
A, Ho, sir; I don't kno" of any a ch thin/^. It is a fact
that « hare no <;r paiii . tention as to the divernion to
the oaat or to the west, except to divert it from the largpr
channels so t/iat it mi/'ht bo sprr-ad o t over the? debris
cone. It iS not been tiij custom of our coi.jany '.o turn it
entirely to tho west or the eust, but. simply to spread it, and
tViat is t}if; orders I hive given our euploycs. This question
of 8|. reading it '-o the west is a nov. ono to r.jo,
. Have you ever been up there?
A, k j?pod neny times.
' . Have ;,ou been thrro siioe thia turning was dono?
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A, I hmo asoisted in turning it myself,
Q. I m'-i aaldn^r, you t,o nane one plaoe w «r» you over turned
it to the eaat,
A* I have nyself aGoisted in di :^ng a ohannel to some ox-
tent where it turned to the eafit.
C". Have t you ot a achodule of w at you h vo done in your
office? H iven't you a map of w at you riid?
A, No, sir; our instructiona have been to our uen to 8i>read
the water so t- at it s&y enter the fgravol, irreapcctiTe
of thn Btroanis running to the eaet or we it.
Q, It &•. u to rat fat tnat is three tirav-o you have aid
t>Kt, I arr) w^illinf; to paBB it now. What ia the timtt -^'on you
first be/'an that ,?ork? Fix the date? What fnonth or year, aa
near as you can?
A, The ork vme inau;3:urated practically in 1903— in *, e
fall of 1902 md winter of 1903, and orcera were given at that
tlrsR, as well aa I ren;0'rber, to divert luch fl od watera aa
mit-^t he ruming in the charuicl, ndiich v/ould extend to some
©xtont down tho valley to tho rivnr, to retain auch wat-rt
upon tho fsravela. But whether we actually did any lork of
any sniount thet year, I can't at^ite. I would hare to refer to
tho rainfall, because it waa in the yeara of heavy rainfall that
tho work waa practicable,
0. Can you nane a year when you first did any considerable
extent of t at wjrk?
K, I would have to i^for to the card of '.■lo rainfall to
give you an intellirjcnt ana» er on that Bubj«ct,
0. If we aasuffie t at 1V05 waa the moat pronounoed year or
most pronounced irainfall aft^^r Uvi dry year*-* oomporatiwely
ofy 'yrT'lrs — that would ]^. t^r- ens
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you didbojB;in, irrf;»pective of v at yoar it wao, the y(
yoii did l>ef^in, how much of tmt work did you do?
A. I c«iH 8t te froia nitaaory how nuch wri did. I know what
oi)A ini>ention was.
Q, I would really rath«r hm* wf.at you did, ov«n 'f it is
▼a^mo, than yoiir intention, however definite t^'cy may h«re
been*
*, We looked aftrr th« waste *'nit«r and distributed it over
the /J^'avel beds and throufrh the innumerable channels that
radiate in diffor«nt directions from that debris cone.
The Co.-rt: What %mB i.hc theory or pur}.o8o oft' at?
A. In order to au/Tnent the ur;dorf;;round rcacrvoire,
\ T ftt was your only pfUTj^^ose, — to kc }> ii : von. running
off?
A. YoB; that ma the only purpose,
Mr, W;;ter8: 0. You didn't divert it for i..j..ediate use?
A. No, sir.
0. But only for the ptir^ose of sinking into the ^ound?
A. Yes, sir,
(\ And keeping it from running away entirely?
A. Thiit is ri^^t.
Q, The first year you did any considerable amount of that
work did you seo any of it done yourself?
A. Yo3, airj I waa here myself in dif ""orent times in differ-
ent years.
Q, 'ttll you pleace describe the eoctent of t : t «ork thu first
year, about how :/iany trenchns and w-iat len^h and what direc-
tion th9.y look?
A, Thort; weru vory few tx*cnchc8 rasdt;. The idea was to just
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dietribata the wai:«r and disturb the bofiks in luoh a wagf
t'Eut tho water would spread from tho oha.nnel8 t at we vt
running,
0. As a laattor of faot isn't this the caM: That on that
debris cx)ne ycu would find certain irre/rular natural depr s-
8 ion 8 extending Xfi tk« aJunuDOc from up stream towards down
straam in varyinf^ directions, and you •> ul d find a body of
water in ono of these and you would try to split it. up into
soiae of these ether ditches or washes, and utilized the washes
upon the /round Instead of difr^ing trenches?
A. Juiit 80. Tliey all trand*^ in a southorly direction and
we tried to spread them.
0. They usually vibnt down hill, didn't t'oy?
*. Yes, sir.
0. How would you divert th« water? By throwing in a dam of
stone?
A. By sorbet imes di;-^';ing a little tronch for a few feet, and
SOf.ietimea by arranp^ing a few rooks so thiat it mif^it syill
over a little into the other ohan ols.
^. You would put some obstruction in th'^ streon an it ran anr'
find a low place for it to runt out, either by dif^ing, or
in a state of nature?
1. Yea, sir.
0. Do wo urKlerstajid ^'ou to nay thnt as a mat'^r of faot
wh<5n -ou t)t your work dono in any one season tliat there
was not a fxeatly prxlorainant quart ity of the flood atcr — t
that it wns not diverted to tho W" st instead of to ^hn east?
K, JySy impr saion is thr.t tho lar^r flood streams ran in
thei east chan ol—
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0. Naturally?
A, Naturally or un<iaturally, it ran theru) aotae timet drift
wood would CQEOB dovn and uak* a litUe obstruction and it
would work off into another ohanriol, and so on; ;jnd so -o-
tixayg it will work in on- direction and ao;xtii< b in anotloor,
0, Vhat I ^ant to ^^et at is aa a soatvjr of faot as a ^j^/iur-
al pro |.x) Bit ion, didn't your work or li.); «ork of th« car.pany
djfleot the wat«r westward instead of eastward?
K I oan*t isay as to that* Tivro was no atrjempt nisdo to divert
it to any point of thu compass, but simply to spread it on thfi
dolris oone as far as poaeible, whothor to the east or to
tho west,
Q. I jfill ask you for your vgnaory; Do you not roaeraber
that a greatf r quantity and "body of that water was deflected
and wan t ken towarti the west and the lesser and smaller
quantity to area the ea r. by your work?
\ I rei..eiiibor a li^it obstruction or (.am placed in there
quite a number of years a^, I presume by Lht; old L^uld and
W ter Oompany, in which i.ho water vas obstructed from flow-
ing to tiie; west and raado to flow to .,hy east,
0. las tiiiat allowed to continue?
A, The extreiue ainfall and heavy floods tore r part of
thi'.t out and then the .vator flowed in the natural channels
to the west w}iere it htui previous ^o the tiios of that ob-
struction,
0. And you helped it out, oidn't, you?
A. Vfe helped it out in every direction,
Q. You d idn't help it to the west, you are sure of that?
A, % helped it both east sid west; whearevor we could ppt
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an opportunity to r-et it out so that it would aink in the
gravel bode. The question of east or west }ud nothing to
do irith it, 80 far as w were conoemed. We cared nothing
abcut that«jadDn: Otir idea vae to r&t it out.
0. Did you go to ary conaiderable ezpeneo?
A, ^ spent several hundred dollars up t rrc in the i^ayr^-
Q. Don't you recollect tnat there was a Be solution adopted
by which thcit work was done, a resolution of your board of
directors, that t at should be done, how much should be ex-
j«nciod and w.hat was to bo the price of it, and how it should
be done?
A, I don't reiijeriib r it, I re «,t -er this: The board of direc-
tors /p; are mo author ty to ^ up and use ray discretion in
putting that water on the dubris cone, but not to t.he extent
that you haifo sur-Bstod.
0. And is that recort) extant, or haa it hc«n burnt up?
A, I can't toil you, I ari; not sure t^.at it is part of our
records or ever was. But I know I had authority to do that
work. It may be part of the record,
0. Do you reiQfjrabcr how hifi^ up to ard the mouth of the oan-
yon or how jlose to t/ie mouth of the canyon you did any
of this work?
A, Wo be,'T,an this work a little above Ninoteonth Street sid
w© went f rther up tho canyon as the water in;^roased, and
havo done ?/crk up-- I don't know -vhat you would call the raou^
of Iho canyon,
0. AsRuiie thr^t I would call tho mouth of thn canyon to bo
what you 7?ould under t&nd to be the mouth of the canyon.
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Km We »ent up to very near the mouth of the canyon.
0,1 undemtofid you to say t at you \^gan a little above
Nineteonth Street.
A. I was p;iyen aathority in the fall of 1902 or winter of
1 03 to conserve those atera in ^(hc Tavcl ho da, and
frcam that time to this I have carried out thi\t authority
to tiie beot of rny kno^sied.iTO.
Q, My question is whore did you bofrin on 'he lover aide,
A. la be^n above Nineteenth Street quite a diatAnce.
0, la that north of the Baae Line?
A. Base Lino ia just above Sixtonnth Rtroct. It nrjat be
threequa tr.rs of a rnile above or a luile, porhajja. That ia, tVe
atrfict itsfllf ia a raile above or threequartera of a mile.
We muat have boon a mile above in our o orationa,
0. Can you produce your en^^neer'a reporta ahcwinf? thie out-
put of th^! Kady tunnel, or ''.ill me hare to ^o to the exponaa
of sending a subpoena for them?
K I can bring hwo,
0. If you can bring them it will aave expense. And if vou
have an^'thing which will frive ub a definite date on yhich
this diverting of the flood water— If you have any docunien^
or resolution to show the date when that was first inau^rated
we will be pleased to h.-are that,
A. I will be glad to do that,
Mr, Haskell: 0, Have you ever for your caapany diverted any
of tjie flood waters of the Srm Antonio Water Company in the
sarae way that you hare the rjucarflonga Clsnyon?
2.. YoOj sir,
Q, fhcraabouta?
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A, Wo haro diverted t: em on tho land In the oanyon to a
considerable dietancse below the mouth of the canyon; from
the upjor jart of tit, colony for a couple of miles ahove.
Q. Tat water aoiuea from tho Sar\ Antonio Canyon, doeanlt it?
k, Yq3, sir.
Q, In which dir ction did you divort t at water, to the
eaat of the mouth of 'he canyon, or to ;ho «»at?
A. k larg'-r part of our diversion is in th: oanyon itself,
and we diverted it to the east or west as the conditions
indicated, '..o et ir into the gravels.
0. When you divert it toward n the wost it goes to arda
Pomona, don't it?
^« I can't int.y^
Q. The slope of the xTOund or debris cone at the mouth of
tho San Antonio Canyon is several hundred foet hinjior
than the debris cone of the Cucam^nga Oanyon ao it debouohos
into tho valley of Ssji Bernardino?
L I never have taken elevations,
0, You could toll t at by the eye, couldn't you, by looking
at it?
k, I have known peoJbple to becarte fouled by looki)ig for ele-
vations with the eye,
Q, But you couldn't be fooled on tfuit elovation, could you?
A. I would take it tha-t the ;»lovation is greater at tiio aouth
of tho San Antonio Canyon,
Q, Teveral hundred foot ?
S, I ci\n't give it to ycu in foot,
Q« And .'*Bter diverted towarns the west /-pes towards Pomona?
A. I don't know.
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0. It goes in that dirfiotion, don't it, if 'ou divert it?
, I don't know,
0. It doeo ae long as it runs on the aur^ace'^
»« But it doesn't run on the surfaoe. It j^eta into the
gravel as rav-idly as posaible,
0« There ia ono surfaoe chan'^el Pping out of tho Ran Antonio
Oanyon that /'pea to niaremont, ian't there?
A. I hare nover se- n it f-oing to Olaremont.
0. It ,<5oe» pretty near to r»laremont, doesn't it?
A, It goes between (Jlaronaont and the Ontario Colony. I never
followed it down.
0, You hsD/e Been t' at channel with large live oak trcea in
It, haven't you?
^ Not in the channel; no, sir,
0. Well, near the cha'^riel,
A. Yes, sir.
0, And there is a deep depr^ aaion just vsreat of this jcxxxz
channel where the wat«r now runs? Thore is a wide depression
with large oak tr'-ea and sycamores?
A, Where do ycu refer to?
t. Between Ontario 'i.nd nlaren^ont, or Uplands and fTlaremont,
A, I know it is to the v;ost of Tlareaiont, There is pi ace a
over there with oak trees etc.
•% %id ater rising there in place a and flowing on tho aur-
faoe at the preaent tirae, ian't tliere?
A. I don't know it from j^^raonal obaervation.
% Haven't you aoon those seringa and cienegeta along tho
lino of the Atchiaon, Topeka and Santa Fe railraod?
K No, sir; not during tho last year or two,
^. Ha ve n't " ou t r& volt.'id thvat way'
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A. I hajre occarionally passed over this Santa Fe, but T
very seldom fjo to Los AhtdIos on that roKd,
Q, How in diverting the flood a^^rs of the'^ an Antonio
ohan «1, wnat ixjrpose r d you have in view in spreading
those flood .a^ors out?
*, To conserve the floed atara and caun»^ ' ' ^^ "^o sink into
tho £TaveI bed of the debris cone, thr;t t. oy iai^ui, ^vOrcolate
into the lower strata for the cx)nBervjition of Un;^ vjjiter,
Q, And that supplies \our wells ard tunnels aroure! the red
hill? Isn't t'^at tnie^
A, T/iat question ib beyond rao, I don*t knov^' r r ary of
t «it mter e er r^t to the red hill or not. I luu not sure
about it at all.
Q. Vhat pur}.08t! did -/ou have?
A, Our purpose in divf3rting thaae waters above the diversion
dam was to increase the sui.yjw supply of ;yater. We belit:vo
wo hav e done t; at The increR.uo in thi t swnmer su; ply under-
neath assists xadDEKK Poanna ard Ontario.
C. You nave ai idoa t«.t the spreading out of the flood
vatera inoroaoos t;;Q flow of the ^MMgarfrt tunnel?
A. At the Ea4y tunnel ?
0# Ytis, sir.
A, PrcKii San Ant onio nyon?
Q, Yea, sir.
A, I no cr advanced such an idea, I v/ould have to think
about it for a while,
Q, What do you think abcut the si)rc)ading of the flood waters
at CuoaiflpTV^ nroek?
A, My theory is--
!&•• Waters. ¥e object to this wit no 88 statinf? his theory. If
the Interveners want it, &11 rirht. I think this r-?intl{3::ian
is loftdod, with all due reej^ct and not in an offtiniive
•enee, p.nl I don*t pro^ee to touch him off. I ineiat that
it iB incorapete/it,
?}» Court: His opinion or tlieory is not amtarial,
•L*,J'^/^t l^tJ ?"^y ^^^^® * theory, I don't know a thing
about It and I femk no ..crtal u^ kno^.. an> thing abc-t it?
Mr, Alters : I jjiovo to strike that out.
The •'^ou t: Str ck out. We n-jay find a rnan what docs know
so ething about it, or -.vho will testify th-.t ho does,
Tlio Co xt; "fes therci any undcrstariding at 'he forcier session
as rerards tho fnannBr of exar-iinntion betvfocn y curse Itcs and
intervenor? Were you in the sasae catejfTpry or what?
i*r. Waters : Th«;rc was no under etarilint^. There is a comity
betweenri us but nothing else,
Mr, Waters- Q, I would like for you ^o bring the oorrespond-
Ing reports to tho string-; of wells Dtat you diriof the tunnel,
if we haren't j.?jt it already in the evidence— But I think
we have ^^t tliat.
Cross Kxai'ina.tion,
Mr, Chaprmn; '\ The San Antonio Wator Hocnpa'-iy has got a
tonne 1 that lies below tlte diversion don in the Sim Antonio
Hrnok?
A. Yes, sir,
Q, And ti^at is an entirely separate tun' el from the Kady
tunnel?
A. Entirely separate; yes, sir,
Q. Ycu have tooe wells in there too, haren»t ^ou?
5/^
v»-e hacire two wells aorne dietance south.
0. And ^.he water from those wells goes w^tert?
A It t^»o» into thfl system of the San Antonio letter fJompany.
The Court: 0, Is the Flan Antonio Canyon a;id Hreok di^'"erertL
from tlie Oiicwaonif^a Ca-iyon?
A, It is entirely different,
0. It lies to the w st?
^ Yes, sir.
Mr, Chapaan: It is separated by a mountain rar^^?
A* Yea, Bir.
Q, This turnol below th« d«a, lAiioh I will call the San
Antonio tun? el , and tho one from these wells that are con-
duatea to Ontario, >iavc nothing to do -^rith the Eady tun el,
have t.>iey?
A, Nothing vrhatever so far as I know.
Kr# Waters: I think t.-at is calling for an opinion. If
tho question is more specific, or t^ioy hare a pi}:© line or
ditch cor:noction, that is all ri4';-:Jit.
Qm Tliat is w at I raoan. If the wat ers taken from San An-
tonio tun ".el and the water taken from Jcte aJBiucK those wells
, that thoy are not conducted to the Kady tunr^el, but carried
in other tunnels and pipe linos to OnUirio.
Mr, Waters: There is no objuction to t at.
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Q. ??o j^ny of Ui« flood waiera of S«n iVnt nio Ci ^
rii. ov<*r tkp country, to tJ:e «^st to word r Ouc:*;'7on*»»,''
i, ^'ot iivitiiir felly.
0. I mun •6}^r»iijd out ly yo-i?
^, '"'t>fi, f»ir; t>i<^r;. It- c naid^r .";>;-(. '^ .in-
te^J Xiw'.'Ois i^.iuu ^u.uF-.Jti . I'i .^I.Tuj a oiu gauv-tJitt, Cvruiai.o wit.
rM%'.AT9t Dy vvuy of I'r'Ul FtlMitU.
Q. All t;n«PB operatioi^c! om*ii«Vod *^y ou s*/ \,o ^^r >ir©nw Lho
f ocd water !'. from floii:..n. off in i-'i anno 1:5 riipidiy, , uiKi
^j.-ry&d. ivz; ii v.'ijr Ujio c untry, su . ■ i,.., ic .ull find ita w*ij'
mti'.; tru*«e r^''*v<«A hud a"
0, T'li.t ir tr,3 objt;uu oi -di i ..!>.-. cp-.ru-.ionij Viort#'
' . A'^ -'O'-. r.u.y you tn nk vou M;,y*, ,'nrr--.,a.>T 'ha ;viount of
».ui>..r . ir flowifs,^ m ihu»c; j^/" o-f e^. Dtiiu: ' •. a v'...t
in<:l«!io »xloo >jt5lo# Ihfi division r'sjm^
l^}<. HAJiKliU^L: I ihonr:\ ihi&L wus i?tri<it(.'n oai.
V«h', CHAP''A\': wfcU, yOU «rc raiciriJwfi!.
^'H. ' -I I object this ^i»ei tiv)r «.•.» l-u.^ ground that, it
ib not. rdeporibive to ^'h direct «xi.*iint«tion, -mt ;o tr«at
it ii.ti lu. oiroct "^ucfcitioi-i, uii'ttct "^' y.ion, it ie It-ouding
wkI Eu>;,?r«Btiv<;; dnci cri tli** ^Tv laid ta^t it iu im^O' limtant ub
cailirif f.r \M:A, 'h.-: i'lri^rR; in oUior . -rr^ hijj 0;>inion, »tiid
thoro h:» V'Ct;n 2io ;ow»; k4,-^l-.'j I;: I'o; i t : u oi'inion of
thiv. mtriiiBp ha cVicitaet;.
!Ui. C "i*i^'uil: •r, Tjceke ituttt<d in 'ue rii.rt«ct t»uti lunj' tVat t>ie
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oh.loct in divortiw th© *at r from thn Him Antoniv) Creek, was
to incr'iJiBo t* h v,ai,dru, for the bonofit of OntHTio u* ?%oll
uj Ontario; ho uaid that wu« tiio obj«ot of it linri l^cui'-ht
hft hK6 done it,
tuimel,
M!^, ' i<:i: T!m nurfacc walur vbich ^\'.j wa» , • i-f ua
Bpr'«n^iri'- ov^'ir iV^' i"ountr '^'^-^ •"'> inrrrc * t'-- f'^-^amt of
purcoi ,t*i;n, lu." fjiiic wao i'ur ;,jio lH>jiafit oi i'o-H^na, at
well UB Ontario, a- c oin;;ly incrRuoiiw Xi)» n^rmr't of wt r
|n;i*c;ol»tin':'; in ~>'f- voioe, urv' >>■.- "'-.v^-tii tVw^^r v. .■? i,f.f»o'n-
pliishixi that purport,
^ili. : I ^et;8 he Ciici togtify to that ;jyp to tho f>iaffoy
timnel; l-^i it '!;o,
C. Pood ti.at aoply as flt^ll to thoae icr ravel ' dj thro'v:?"! which
thu Sun Antonio Tunnel isj fud. ws th« tunnols unu .vollt on
this fcidtt,- whothar t^io oj) cr^rationB he npsukc of in the
Run Ahtonio Canyon, iir« intanderi to t. j ;dy the tj-ini' 1 of
tiuj Siox >'\ntonio Canyon «j! w«vll, with c k'T**-^*-'^ i;.oimt of
pcrcolntinf: y^tti&r th;in oth.'rwise would rO'.di it: In '.h^.t
thit cuao^
Mh. .%IT7; : 'A. object t.o tni.t. . -t i» to s'-y t-bit Stn tj\»
ttonio Hiinyon ir fouj- c ''jTO mil u {..wky to V-.^j j.^uw. ..rd from
th{? district of coiinti-y, about j.}iich ^ uto horu liti;-...tinAi;,
unci it ip not a pi-ojj^'r wAbieftt of inquire at thia Btiusce of
tfiin CH^oe ^t '.ny rate; m\o trit teatimon i(« : cciden mcoTj-
p<jtcnt, as aeVinr: for the conrli;rion und oy inion of 'r. T.«'t*e,
"I<. i^' : . khll ie the ,"•• n vrfio bLvj;;.in 'x' in-
quito of t>'in v,itn«8s about thoir opcrhticno m the fun An-
J9?
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tonio Owiyon, Bi>reu<iinf', Uio water over the ourfact"! there;
nil t.ht;.t I rji tr^'irv^ to -'ow \y thi" witnasB, th; t t^.-it h;:p
not for iLs object the country on thin side, anr uu-ir
.♦oj'kB, buL muiniy X'or Ihiut oun Antonio Tunnel, ..ith which
tlio Cunjinon.':-!i j30;)1c hriva no'.lin-' to re n.T f : r rs I k:iow.
It lii noi, conn .jotoa ::.n ury .-.y .;iLh -nuij* a, jiU;£i.
TrfK CQiitCx: It Eeu:3is to mc thoir otj act bjnc\ ^rjrpoce in tJiut
cuTn'on in er'ircoiv reltrvrmt "•lo ;j~.v inrair-.^ hero; h.: r jy tHll
whut uioy ruvti done, but *u Cwi;'- ti^-ia Ui a«; thci'u i.a uiiy
roledion hotf7!;«n tht^ twi cf.nyona; at Irai^'. so fdr um in slujwn
by th« ovidcTirG' !.8 yot,
^'H. BHITT: JL ti'iink th«i :vidonO'.i aiiovs i^one./'.ero vi.ui it, is
uboDt fyxar or fiv«» i3il«>a frcjm one stroicn to the other,
<f\{, WAy^J^S: Thip. -^itrieBa juet toBtified to th^t ^i-v^ofvi r.
["'.v. CO\m: Tho objection will be mlntain^=d.
•j<. PHA MAJI: Excei)tion.
0. ^. joiiwnoN:
f, Vf .TOlfNf'ON, fc. ivitneae caiod by plaint iff, being
iriit duly sworn, tOBtifi<;d .te folio <?o:
DIliJSCT >^^ a NATION .
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^^Hbi. RKFiT, Q, ^ere do you livu?
23J. ^'""'•■non/?;^.
2^- . 'it the Voi n of r\ictii:ioni:>9
>5A. I live pa.rt Moy b«t7/o«n Tuctinoi^u und UiAwid, on fhtxt ttiey
2(f i 11 Oucuno*^-,;, Av'-nue,
ij , All tht.t countiy ihort ie laic off into atroots of some
j^poignution, so'k; apfjoifxc doeieTiution'i*
'^''eo, Bir.
:<!■■
4 ^f^
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0. T*v ii' c; Hoc ^ rural dis-irict^
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A. Yes, £.ir.
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'^. ^liem you ^ws t<J.k i/hout uvemuoo and Birefits, vou dun*t
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rr;(?;.jj they lia m u It" n*^
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A, liGii iJ;.-i"--j.c-:.ii._ijLy , '>.}c;r':: I iivt no^ '-r. i"«- ,.;: 'bowTi ^-lus
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thore.
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v« ?Au!r<; do vou livft with rt^fwrerco l-o i^Jv t h'^a hov-ii cU.lod
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tho brittk hotel ii.nd the riucfa'ion/:^! uiuiripru?
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A, I live {>>iout t>iro« qUisTtea^u of a rniio to tlit lopt of thttt.
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•^n' rOTlp-?, 0. Font f t}«e red hill'
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A. Ytitj, sir; ;.ei3t of Uiu rw hill.
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'^?. BPITT, 0. T^at pro you eTij;a.^»d in?
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A. I {.in- f».;r'iin-' .••..t preoont.
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n, 'ToH- Ion." have yoti liv(;d in Jii.t noifjihorhood^
5'§
■> -^ £
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A. On ijifO off tsince IBBb,
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0, Po you T:no'tv hor. to mcaanre wiiter**
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A, Ye{ , fiir.
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Q. T)c you know hov; to take the de.;ths of v.elle'*
39
A, voB, fiir.
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0. Look at UiiL ehoot nov.- i.liov^i ycu, vuicli la cullea "Tt^bul:.- 1
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tion of neajiururacntD - * or huB the inacri].tion "Tj-IduI .tion
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of MoamjTO'ionte of W'ator I)t;vulO;.n<.!nt at pbd f'illr^ Ouci*raonp;tt,
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CuJafomiu", unci a-uto ikhethor or no'o yai rauit; the rasa»»
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uromento vhich tjrt; roprooentod in this piipcr?
25
A. Yee, uir; thoBO nrr thr; nc.nrirer.cnts that I havo n&de
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and 'landod in to 'r. i.ri^it.
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Q. Comericin.'^ July Vth, 1906?
28
A, 1906, anrl cmtin-itiri to .T;in;K,.n' 12th, l^tX.
29
0. Stato .author or not Lhu c )v i ' ;■ .■ rh ora
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li9£L
rcKtordan hem in thi« ahoot woro rorrectl}' natff*^
A. Yu:-, f;ir; correctly m-jicie,
Q, Cone !;■ r ud ex.ilam th« aevorul coluana, Tlie f irnt
coliTin hottd«(! "Name of ObBerv»^r", trnd umH»r that CM,
J(i^inuyn: Ara you liie p^rBon deoi^Tiutwi *ht» iiH4it; LJae
ohHorvutionu'
/. ves, fiir.
Q. Ditt next oolarm t,owitr(*e Uiu ri^^a "LuvO*, iwiut doee
U)ut, re])re8ont'
A. That is Uio (i.tt« of bhe riontii jAnci ^tjur^ Uioi;e : '.oava'o-
ritmie 'toro mml^t
(]. Third colw.m lioaded "Woir 'Jo. 1". Vhar-. io weir mmhrr one*?
A, At thr, raouWi of Tiuint:! "Io. ii or Kudio Tunnbl,
C, On Uio ^at .udw of the red hlll^
A, On tht; -feet t5idu of tho red hill.
Q. Tliu foiu-Ui coluL-m ?ioud«d "Woir No. 'ii*, .vlu^t cooa that
in(iicato'»
A, That io 4. combinntion nouBurinf; box, at the moutli of
tiainoi nurobor tiho.
0. And the fxfth colurrm ie headed u% Uie top, "TotU. ..t
mouth of Tuimol !»'o, 2": Does ti'iut mean tho totul of tiie vatcr
fiovine^ at tho two v/tirs, the rayasui'ontsnt of which is
roprufiuntod in tho third .lui foui'th column*'
A, That ifi tlie tottJ. rifeasiii'enont ; yun, sir,
Q, Sotit^ .rfiiut t-iioao figurtiB liiKior tlie ooliinm h«adod "Weir
1x0. i:" imacato, what i}\oy bJiov.-*>
A. It a)i0vvfl the umount of nincru' inchoa of water flowing
ov<>r t.idtfo difforont ..oira,
Q. Voil, on thib colurm headed "Veir No, 1", doob that indi-
A
y^
outd lijoru "than on© woir?
A. No, thai IB one i^air.
Q, Wiui do tho fifi^uroa in colutm heiided "Weir Vo, !• int icj.te*
A, The anount ol' watt»r flowin«i: over that phTticuli^r *eir.
Q, Wierc ig tliut uit.atod iwitli refaranco to tJio raouth of
tho 7Mifi '^\auwl'>
A. It ill practicidly f4>out I rfiould judf^o, 100 foot aboTt
tl2(5 mcutli of tv>e t Tin el; it ib a new division box thut was
taud?', u nftw JswuBurin^j; box,
Q. Miitt do the fii^uT'ee Ikjtq mciicate in tho fourth column,
undw t/io c&'tion "V^eir TJo. id*?
A. ThoBrt uro in that saiae combination box, frori u different
w«ir.
Q, T*o avoirs in the parne box'
A, Tr.o ..birEj m wio it. .tc- ^ux.
Q, Stato whotiitr t^hoy ^"oth of then*, meaeiire water i^roceodii^
fnjm th'^ 1 imnel'
A, Ii lu Uiiu cui,c-l flow of the tunnol,
0, Tn n tho fi^^n'Oij in the f ifiii column headod •Total ;it
racmUi of j.unriol -'o, 2", indicate ■/•j:t'
A, The^' ;4o luu cxnabinution of l:jo^-u l..u ..uiii'a, \,hu loLhI
rwuBurorKsnt,
Q. Tho H)\.i\l iWii of ?.at(!r frcm the ,.oir?
A, The tottj. flotv of . ui r from tho tumel.
0, StHto whether tho fi^^iroa in the fifth dolunin, imru-r tho
ca])tion hotuciint; "TottJ. .-.t "outh of Vunnol Vo, Z* . inricii.a
tJio wholo iir.ount* of . ut^r, on bru ^.cv-itJ. tiv.;,^ ^'.r-.u.n iv the
Booond colurni, flo^nin^; froa Uiu tjnnul?
A. •I'eB, fdr; thooe urc th»i totul r-rao^into.
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0. Foi the ijurpoije of illustrutin"*, t<J:inr: the date .Tiino l: th,
1907, »shat wae tho total <jnoun'>v i.i .,a.tt.r .t found by you,
to be flo«inf^ on that day out of tho 5^Ue tunnsl''
A, Thfj totbl friount v.as 254,6(0 rflin^jra' mchea of vv/itor,
0. »f8e.Hiirea uixior viiut huud or iireoaure?
A, Thai, ie \mdcr a four inch prochui'o; th/it iu fif^ored from
cubic fcot prtr BiJCC' nd flo^,
Q. At th;3 rutt) of fifty inchuB lJ^r cubic fojt?
A, At tho rate of fifty inchos; yea, sir.
Q« Mov$, then the next column; there it one bltoik, houc)ed
"Voir No. ^. , m 6-hich there ^ro no raeaEuropiento; tho coluran
followii^ th&t has thj caiition "Dopth of shaft to water, 4
an<i A A": ^tit is indicutod in Uiat coluran?
i^. Tfell thiit ia th« raoasurono-nt of the heiirht of Um .-■ • r
in ulio tjnnal; that ia from tho top of the curbing- doT.n to
<?h(>r9 tVjO IfcvoT of the mitvT would he in t}u; oliaft; that ir iq>
about not qnito thr ec- quart t.-ro of i>. mile frora t/io ..vjuiih uf
th«; '•t-.dit? Tiinnol.
0, r^o you knoTt? -."/hfre the well number 14, nisi'kwd on Plain-
tiff 6 Kxhibit 1 ie cituutod'* The L^-caliod bir -.oil?
A. Yo8, oir.
^', '!ovj fjir iii this shaft below that aoII''
A, I nevt^r mtaeurod exactly; I i^iwuld ^ua^p <Ouu^ ^lOO feet;
may be a littlo rioro,
0. In this colunn vvbidi beiu'e tho litiadinf: or m.-A icn "T^enth of
8>'<ift to water, 4 and 4A*, do tlioae f i^i t»c jju iCcXu Lue
de^ith of crater in the tunnesl, ut that shaft'
A. Thi?y ci;n bo fipared out frora tViat; U-i.y ;ndic.Aij Oro
Irtvol of tlio ..att;r from tJie u.irfc!.r. u dOAn uo *Jtiit iJuAjii,
a
0, T8 tbat ahtkft connected with the tiainel'
A, ve«, 8ir; it la connected with the tunnel.
^. Dof-^n ii afloand vwrtically from th« tiinncl to th»> to.j of
A. Yos, uir,
Q« Foi" insu^tiicu tii^Kft thut coluran, here ar« tho figurop, on
June ILith iijiiniur the fi^ree 56.6ii: Uluit do tlioiie uirOiil'v''
A. T'^at nijfTiifies th« lov«l of the xmt«r from the surface
of the grounti or tho top oi' the corbin^;,
Q* Is Uutt inc}i«8 01 f.et, tl?0B0 fxtairos'
A, T^^et iu feet and ttntha.
0, Well, I Motico for «xttiSj;io on Hti.y 4th, 1-06, utki y-r thtt
colurm at'poiiT thf. fi;?uro» 4.:.i.c>: Thoae el-^ow what?
A, TUxtfi ie tliu iovt'l of itti auL r froQ ux^ j-joim of ru€u»8-
ur<iment on t>io top of tho ehtift, the nurf-.r.a of tlit t^'ound,
Q. Wlion you come dov/n to SejAocihi^r ii'jth, and tho fi^^ir^iu ta^e
7i>.10, in tho BtiTio col-Jirari, that is Vt-i.lO fout'
A, vea^ uir.
0, ;'niHt doac tlutt (lifforcnco m tho fiji»^.a*<JB frof^ "ay 4th to
SojJbtjfabor iiJtii inoictito^
A. Fell, that la tiic riso and fill of tiie watci- in Uiat 8>iaft.
0, Tha next coliiLm to th^ I'J-Sht, hvMtiod dopth of JAiltiV -
*l)«pth of BlUvft U) Wiitior, 7A*, I supi-osd inaic»».'o©B ;.n feet
Mid tenths of <. foot^
A, v(?j;, air.
0. 'i^io «lovat^on of Uje «&tor bolon the ourfwie of the ground?
A. YeB, cir.
0. "Weir Vo, I., puiBpod water* no tMiauronent, •leir No. 6*
alno biiink?
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.k
A. Yef}, iiir.
^. Woii* Mo, 7; Iriat art thuaa Ti^rea undor thu ooloan headiod
•Voir V:0. 7, wV\i:.t, do thoy ahow?
A, Thoue art} invsm' indiob of wutar fXowirv; uytii* th«.t weir,
0. Uhero 18 reir manbor 7 aituulod?
A, It in tit Die mcuth of \»h(x\. tl^iey Cftll Uio horib Stui' Tunnel,
Q, The ikijit coluian is h«&d.ed "lair No, b* und Biio.i?B what?
A, Those eure ae&sureaents of «atar fiowinw from Uie ructdmoa^a
Sprin^^n, on tho eaat aide uf tho r«d hill,
0. Anr Uu.t *»5ir 'lo, B ia eitjuted wherw with r«forcnce to
Uw brick hottd?
A, Tt ia tji)out -*0 or .;0 f««t b^low tho hotol.
'), To you moM 'iiat^ wat^-r i» rneaaured at, t.but woir, and irt'iat
EatujLauri»^at;/it8 of \mttT uru B}ior*n in Ujxo oolurim umior the
voiulin^:: "Tuir Iv. H*?
A, ITio mtt;r 'vJiat I'iov^a froK th,t' aprinf^B on the east uide
of the rud hill.
;' ,. And tl^c fif<}xreiB iioru in<::.cato Uio floir of wator m t^&t?
A. In oinoro* incliea.
^. ^!ow, tfOclnf' the colurane n«Jtt to tJ-ft ri<?ht , sona eevon of
thom imdcr Uie s«iB» gttneral ca|)tion "Sun Antonio Conii>ti.nyiB
•..olltt", whut liiolla Hi'e then* referred tx>?
A. Well from 1 to No. h uro iJ:ov© lt>hth Stre«t,
Q, I nutioo '«u, l4, tliat the column under tb« hoiftflui^ ■No,l-(f"
i» un'oircly blank: Je that boouueo you nuda no maasuroraontB^
A. >*o, wt$ ifiado no aeaaur<MQent8,
0, ^{y dia ycu raiuce no awafiuraraonta on that i»ll if I «ay
in(juiro*>
A, igfell thoro i« no pun ing boinf* dona there ainco I
10
.^'UtiC
uturtoti to %tikti ai&aour^sontB.
0- Wi«re if thut mil Tio. l^** T>eBcride its location?
3 A, W«ll Ho, 14, it ic north of tho horA of tunnel No. 2
4 or t}io vftriie timnol,
Q. T)o you kncTrt^ rhut oorroBpondwice it baa if any with
#iut htiB bwm roftjrroc to ae t)ie bif- w«ll?
A, It ifl tho BttJne on© ac tJ-ic bir, woll,
0. Wh«»n you svy it ia north of the hea^ of Uie tunnel
t»tpl«iin yo\a'8elf , fthother thitt well ha* any connflction
if:ith tho i-iinntd?
A, I beli«Yo they have connocted iv now, ttlthou^j^ I have
n«v«r hcon dovn in to sec,
i)„ Tlioae cUior coluraiB hur^, under Uio fTHnernl head *^ui\
Antonio fbripany'a wells, unri Bubordinate or inftjrior haad-
in^^ Ho, 2,. No, 3, ^^o. 4, and No, f , and so on, contuin
ttOGW «ntrien hi>ro of Uui /.oi'd "ijumpin^?;*: wh.nt uo thoea
\sords Bi;^ify**
/-■ Thtty i»ero ] \BBi iiv; i^iter at tlie time of oboervation of datdt
0, f^ono otht** plucft thorn tsrd some other (mtirea btiRidea
"jiucijjinr;" ; it stya in two or t\xcov jilttces "San Antonio
wollB not ]>umpinfi;*: I cutpoati thut moiins wjiat jit sjtvs dooe it'
A, Yen, pir.
Q, Stute ^i<;thor tho cntrios there conctmin*; i.unping or
not ])uiai-inf;, record t>io ronult of your obearvatione on
t>iopo diitee*>
A, Y«M, eir; to 8(3 arn Uie retmltB of obatJrvation,
0. VoM, at the ri-+it of tv^in chart of tabulation arc two
ooluons: ono h«ad<3d •^'wllraan vrell No, 2" and the other
"Arteaiiin woll ''o, Z*: ?^at do the fi^irei in thoce
•yr
n
dh.
coluraziB indicuto'
A, ih« iovt 1 of \Aw vtkXar in tliotjo uifforent uhfeftu,
Q, In vi'ntiX'* In inchfiU cr rooB or w^iftf
A. In fool .uici '\t..n\.iM ul" u, loot.
Q. Weli, ejcjiluin: in Uyt; o^iuran b«jutiod ■Helln^iin wll llo, 2*
t>H fiiTt '.ntjy XQ of oate May «5rd, VJ07 and tho fii.-ur«a
ui'u "^....C: ahat cJotiii that aewi'
A, Well, ttusro 15S a pOint of obaorvution in the bottom of
tliat ahuft, ^iiirh ie 4ii«7 below the uurfuce, <irvi', Ihtit ie
4,1) bolov that point,
Q, Miiit io^
A, It would bo 4.5 below tho top of th<; Civsin^;, in the
bottom of tlic, shaft,
Q, nhut ia it titut ie 4,5 fout bolow that?
A, Tht) lovol of t>^c v/ator,
Q, YSIoll, etutc v^JifcUiU' tho nuno cunditionn aro shown on tho
diffcront dalee bs to tiie oUior figurora in tho column,
foilo*«in^^ the cmo yovi htivu juct cloBcribiid*'
A, Tinsy cjira from tiiti liuix point of obBwv.-txon,
C, Tho3'' ahoiv thfc depth to the water frOT< t)>iit point of
obB«rvation?
A. Yea, oir.
(}. In fotit tijiri twthe of a foot*> A, Yeo, rir,
Q, How tho luBt coliiran "Arteeiui v.-oll ^Jo. 2* conttdnt
ontrios in rt^-rard to v^iat?
A, Thttt ie t}io de^'th of tho water frma tho top of U\e
curbin/;;^ or point of obscrvi.t ; .-^n ir» f rl « mH tt*m,hB,
u, VKhurii ia ty»ia Hellntin uuii ,.o. «,v vvnor^ it aw Bituatod''
A. fell, it Y.H.R at til?.' hfiad of thc» Y tunnel, th;. ^ ia on
la
1
2
3
4
9
10
11
12
13
a . i 15
n < ui
- a
^ o 3
r" 16
1/
18
19
20
21
22
23
24
25
26
27
:s
29
ttio euat oi£;o of the red hill I believe.
0. Tc Ihio it here io tn-vich I poinf
A, TMf5 ir, the ei?st ^.'«li over hero,
Q, I ivfirt to know the yell you ciJl ^fbllLjMi moli ■1o, 2'
A, Tl-iat io the; v/cst one.
0, That ic th« ono t.t the hoic of tiic v/oet i>ronr,''
Ah Tho Jent pror:^ of the tunnel; yos, cir.
0, Art.^Bi^Jl - ©11 >}o. T", v^iero ic that oituat«<i'>
A. That viin iiitua.t©a on ivhat -^e c;.ll the 90 ewe tract of
tiht) CucamoTi/ja Waiter Cor^)tiiiy I boliuve.
0. Wan f-'at vrell uceH for any purpose at the timt? you '^ade
your ohoia'vutionn'*
A, Wo, it ia not conTH:^cted up with any tiinnels or whter '.vorkB
0. How if) it Rit ifited with rrfrronc?; to tlie red }!ill^
A. '^^ull, it is you r.Uf*^t aay on tlic lop of the red hill,
iit that point, pructicidly; i^rotly vvoll i;| .
^\ I notice in trio churt or tabulation concernin/!; -w^iich you
huve bt;t>n t ©etifying, unficr the colunn of ■Na'-e of Obeerver"
that a few of the entries or n]-fi.ces bear the name •F.T,
Wriiiit": Pid you t^uaiat "^r. Wrir^it in nakir^, any of tfioee
obBsrvutiono, vthich bc>>r hio ntrne, oo thjt you oun testify
hore ^lothrr tho>' tre correct or nof If not ve T.ill ask
llr lKrif;iit ubout thtw
A. Vo, I did not aesiet hira on thoao dutoo.
^1^. BRHT: f^o fur hm the witneoe hi:8 proceodc^, with the
oxcoution of u fev. yntrios there -rtt.do unrior i^" n.-n*} of
K.T. ?J!i-i0vt, we will offer this tabulation in oviH'jnce, as
oontttinin^- the result of his obeorvbtiona, during the tima
ooyered by the Eororal datea entered on hia ci'.art.
1^^
;^ t
ISK, (TrfAPWAli: I woiilci lik« lo uaik tho Y/itnessj a fow quostiors,
}fli. CHAi'''AJ;, Q. Mftio do you aa.y Ksaiutod j/ou in rn*.ki!v; i.h«
r«nieurw-i«nt8 to wiiich you htuvo testified?
A. I }uM no a£[}i»tunt.
(J» Ho* wore t>i« n9»a8ui'0i^;;nt8 riwjo*>
A. **itii a arti©©! 1,44; o ^jna a rule,
C. /\ncl lh« rAj«ui;)r«L:ont8 of tho *ator?
A. Thej wru madu with is. tvio foot rulo,
Q. ill© Autor Uiitt waa flovAm* ovor tlie ViOire, hov. die' you
raiike th« rneauiircf^om.8?
A. ffoanured it with i~ rule,
Q, And in ^.huX, uay?
A, By t*ikin«: the dopth of UiO water ut 08t8.bliR)ied points
nmir tlio v/oir,
0. kid tl^en what^
n. Hion Colcuiutod tjto uarao aiid Bent it in to *'r. Wri<iit.
0- How«
A. I ciilculatod tiia acrao and Bont it in to ''r, ^ri/3^it,
Q, By vdiat fonnuia did you mako tlm calculation'
A. Tlio «r ancle ?ornula.
Q, Wliat IB tliaf*
A. Thiit BhouB t«ne a-rount of cubic feet peraecond flov.im^
ovor a woir. under contn.ct.on or without contriiction,
0. '^.iat >»aa tlio width of the wair in thie tunnel in w)uch
tliere were tvw or t}u*Bf« -^oirB in tho tunnul**
A. Voll, Uiti wjirB vori-xi in width, b«Coai»e they wre
cluiji^^ad to suit th« ronditionB.
iU Havo you ^^iven thfa Lieaauiiif^onts on th«j diiigrtaa t}iat you
i4
^08
have tlier«, or th. 1, Uthulatod ot/atera'-nt, or ht.vu you riYan
tJu. ruuuli.?
A. Tiiati if? tho rctiuit of l-hc ra<3iinurum<»nt.
0« Hovf Icrv'; //.".vc you bi;ufi cut^iv-jocl in Uiat burin&as''
A. I couinntU Btiitd ©xwjtiy; I havo btftii WwitiAHj-; uU il.
<m and off, for tU or i;:^ yo^rs, mirv^yirif:.
Q, WiKU'tiobouts" In Uiifi eect-ion of U^t, ctointr)'''
0. liio laitcio UUB t&bulutod Bta^&rsunt^
A, I bwli.' vti thttt Hi from Ujts offset of F.T. Vri.-:'u.,
Q, Pron Vflutt GIG hto raiikt; it,?
A, From »Bii0ur«^junt8 tl.ui I aoni him,
0. In ^i&w furci clKi >ou sor.fi hxm Ih^ rrjeaourwitntrU?
^i. Sojao of Uitm Ci*Iculi:.t©(i, and some juot tbc depths of t)-Q
irater over tho weir, wtcI the vdd ths ol* th woir,
Q, Any oUior dutu^
A. Tluj ciOi/iJia of the xiuXar in Uicj ahafts, ti.e el«vution of
witer; yen, rir.
Q. I c5io«4n for t-ht lotiiiBura'wnoo of Vm '.*tl,«r over the veir,
tlio 4rf<iount flowing; Ihore, did you fiva bin uny other data,
tihtm fiicrply the widUi of tho w^ir, nriri tho de..th of the
mit«r im "ttio weir?
A, In nore inetoncea; in somo jnjjtwices the totul j^ount
C4ilOUluo6d.
Q. I UK Bi't'ukaup^ of thof<e inatwr)<:t>8, in i/tiioh you did not
B<md him your o\n\ culcidution, but Bimply ti-^ cet.th of the
water on thu weir, and ^' " v.idth of tho v;eir, v;b^n you did not j
raiiko tho calculution ^iHjranlf , did you .^-iro him tJiy other
data from wbich to aakt. it?
1-.
J09
,rmiiim\ •. . ir
uly
0, 'ii\iO ;>]?!.cfi^ fliccr 'tin t^ert'**
/*. They -oto ^dtCU: L::.:;j ;• :.7 Ih-u Siur» /rjtonio Wat' r Co
I l'eii0V«? i;iaccc': «u'!'tb(.r .rut -.Tui two; auir '.U). b, I
(•iii?.f not. r1. •-•t-:' sut to rttiO |..l<Lc; <! tnut; oro. '^c, ? vfae
'■, V-hiirf^HbcME o.ifi j-ou i>i.y t-iiut -waa?
A. Jr* V ?rtr fit ;.>'ii t«o»;ib of thti Lont: utta^ lunr^d.
'■ , ib.t: ( ur».;-.-i( nra ■ t.Lv,-.! .."onj^tji) 'j; tunnel*^
i'.. The (Mic&riunf-t.-. '^hl&y CiQc\Uii\y * u turvuii; yeii, oii -
0» v'c:r?.' ih^rf un:\' c* .-.nfrKO nudA'- in U'.ui idii-ce iiuriu;;; thtiro
.v,
v'o, air.
: . Tt r;""taine(J t?'C aar^jc all tht t/in»5^
A,. :nL Jijr'e fill ih(; uiPinj,
' . in ■'vi-.iK Itift }i;:nd colu'm I fino ^hu.;. '.he iiisK^t^ of (Ju. oh-
it(;?-vrtr i" 0.'', ,'o''v)eon, '•no tJwiur. x))^ 5ii(i(':l<r of Iho r'i.'.j:-rr^
i'l. *;-, .;''.. T, WrljR^-t: Did you -V!«7>-i v,yon,iofr co .':c -icn Uiojjo
noanurfr^oTittx tmc^r the h'Hi£iiivr C."-. Johnson uxui E.T. WrifV^'
A. undtir '..h.. h.:::r'irs,", C',K, TohrsHon i die; undw uk« h,;j/?ir!-
i'],T. '^V !(..;:,, no; I did nyl u^;«iai h.in in ihe ncuairwicntn,
!\ At anoth'.r pliico, &t two pl?:«fr or C'^rwit, it ao r,*4.
J«i}muon*a juK' .'.T, Wri.c^ t's nunt' hotVi ■■.ij)|it-ija': ».«rc5 i.rn>rc
iu(i<, jointly'^
i\, I tli.'.nk you will .find tli«.t at n<JptJ'at^ dutfts.
'], 'OK, 'iavt;':hcir 15 iJ-nr^ T'oyjtnb'ir 10, '-.rw i,P'n ir Jari«;;.r'; l'.*0^^'*
A. Vi H^ ,'{uiu<Lr," /th,
0, ■ --.ut xtt the nesxt ont; ultv.i thtj 7th **
■',. A''tyr V';u 'Mi - ■.,^•1]!, Tanii; r: SLh Tm^ innejrt^d >^^hirh w«
16
1
2
3
4
5
6
7
8
9
10
11
12
X 13
"16
17
18
19
20
21
22
23
24
25
26
27
28
29
0. Did you r\hif:v tb.use muuisurtTiunls'*
'».. J '^ad<> t^'» ^Ti« Jtinuar.' f)th, htk! Junmiry 12th, 19f; .
T. Wri^.) \, .. i.^tv; r.he nfao'irc.^f nlfs January 7t>».
0. ihi»: veir *^'o, 1 <tnri weir 2 ijXm both in tho tiirmrl ure V/'ioy
I', ynv , !.ir; ounMol *U>, ;;i
0. ?1- i. -i '^-e ^ .. -TiTHil'*
».. Yob, sir,
0. Aro thoLtt cloco l.o^'lher*>
, Yrtjj, iiir; in 1^*' 't.'-e Vox .
0. VAiut v.iit»T done Uztit ncas'-iTo'^ Wh«;r«^ rJcio it cone fron**
/I, Piirt of it flove to Ontario I ornBiLna^ utk' part '^curronf;**.
V/utcr Oocijiany,
Q, Wluch one of tbo vt-i: 8 ie it t}u;t r.etifi'j.rt>e the "wator
t^ at roon to tho Tuca'-^oTW, 'Vat^T Por* arr/'
Q, Weir }\o, 7 i.c i,v>Rt/ th«5 wnir tliat nt*aKVjrofi the nun total
of bot.h, or rio you tjJct; the v,\m totfj. fron the tvo weire
mii-.be.r cHv. tine' tv.G?
A, '■■• ir !;o, 7 is at the riuuUi jf V-.e ' • -tjiy^e
Uiir.ul- Uic Lone '^ti^r t'lnr-el,
0, Ami ^tl_'! '.-j^U :: i*.;, y.U ^ul.'. ::J.u;1> un L(!t;
iUiOuriL ('i)iU': over l:he two xreirv tof';othor?
A, JiiUflhsrF. one ;.iu; t.o; , ...
Q. 78 Uiu t oMV otriji" -u.Lil .•;t(.tui^c:n( '.'re"
A, Thoiu iji, j,on, u'^ JiM chiuft wc tv.ll 4 tncl -^A, i.ljero Afi u
o<ribi>iui.ion nnas^jrin,- box I'? 'hero, but '}tt V'i..o ho.-n sub-
JtO-
Ji
8
9
10
11
12
13
16
17
18
]9
20
21
22
23
24
25
26
27
28
29
XL
A. Thtfct oeBO^.-nateo t>ii© It vol of the water, frori the aurfaco
dun L-o tlifi Icvol of \hi: <-;.-ioor in fret and tcntViB.
. V.-o theae .■at-uii.a u::u.iiLb u: jic ..ullti uil :-!u.-.tu:i(-; \..u- .'itt.r
fi'oiii th*: Biirface of tho ground to the i^ater It.vcl'^
A. In all the .ell?; yea, eir, oxccj-t H<dlnan Vc, H, which
It. Lv.:x.t;n iru'i a j omt ciown in Uw; ohaft,,
( . '\)ou tbat /t»;iT« the oftj^th fron the point yov s^'ak of to
!; :.-r'^
n. i.J Lii': ^iUtcr i vViil,
", Those rac amir e^n till s of ?;t«IlB uro not of the Iwvel of the
olwvatioTi of the iiirfwti of the .utHr uhovB tVe ooh-levol'*
0, But juet thf; tepth from the eurftce to the vnXer^
!\. Ye:-., fir.
••U So yuu co'-Il no., -"woil iinyttunr; ;<.t?oat t^"S relative
olt;vt!.tionii of iho difforcnt welle hv Utj * r cdTtm
/>.. ; 0, L'lr,
'31, OKA^^IAT:: ^fit crt' ;ou offorin;: ir , -^
?'].. B>uTT: I w. o'T-rin;; in cvicenm i,V-r! i/hi^ltion,
«;;ce}>^«, :.noro ;.cri;icrG of it, thont; riiusiJ'r - ';hich ure
Uiuro i-ooordbd i.;iide by .'ui, V»ri rt,
^1i, rK,U^lA*:: 0. L^^v ^if* ^^-^ •"-- ""'. .'^'^'^rsrry, ^ :vr ^-mi tVf r
oonpjxrtxl thiti tahie; «'i'Ji liui ncLcr. o: y(uur o-..7i cbr-icrvution''
/i, voii, Jiir; I looked it ovix tbcrou-tiiy j^na ciicck<;d it,
C. »i, u: rnrrect ir: : t'>
^. Yea, r.ii'; it ia c;oi r«>c'^.
ih, c:
lU ^^hlT^ :
'. in uU.
■ i 1 iitk *.h!r tr, >:( -ri?-Vr<J Plain' iff 'a
-Xo-
12
K^mibit 11; th^; Hourt yiiW obrorvo it io rontimotiB vit.h
p).fi-lntiff*« Kx^^ibit 6; c.onnevc.QK juot uhou^ o <.,., Tjlain-
i,i.ff»e Kx>(ibit '6 left off.
M Redirect ' "i tior.
W., BKITT, 0, '^-iV" yoi) v^'t' '^' ' ^^ "'• nc co "^^ +^'' '^vjcuraonira
irti.ah hotvi'iein Uio red Idlle or ruci-^ion/wa f?|)rinrB, tinfi tVe
not-t^ f,f tho f^ura-jorra. Cany on to tht? north*
,\. "^"ci, , aar; .^t differont ti?t!«»8.
r. Ptat€i I'^tither you hfive bo«T) to Uu? raout>i of Uw canyon
in linos vA en tb^re vac any conBidcry-blr ptrcfiT: cf water
flcvin - from tlie »ncimt>»iinE liiy^ *" ■''• T'lcpin'' l<m<iB bclov***
/'. Yep, 1\n?t fifter u ndnffcll. , Rev'sr.- 1 t,.ir.ioB.
(>, Hrfn vou ra;" ?/ben you Ixirim to obyorvf tho flovc* of water
fron ihc cujiycn'
.'^. T coiild?i»t Rny to tbf» rrjitije! exf^ctly; I have *r«<'d© Bcvfirul
trips to the r^^nyon, durinj'- tb« 'winter ti^o >rvi alao in tht
rr I'-'-nf^r,
0, Pry y<?fiiri! end wet ywfirff*
A, «-«M«, nir,
'\ !\>nci corrpjoncint^ itbout »h<jt tin«* Wh<in did yci first be/.-^in
to obpfln'p thfl flov of vut«r ont of t>io cwun tb^rr , t»h<in
t>iftro wj'.e any to fl.ow' You BRid von bud b^^-^n in tb??t oountiy
nxnc** '^""^ or •f'^'
A, •^.> or 'fVi; yen, nir; iwll, I hH??; Vnown it <»t diffarent
t^n^R all t^rorrl' iho?*** peric^M,
, ". ••^ ^>'ir vou n7»-r bien uj) in !>"* r»Hnvon tcr.^ r'^ ^^^ ■•,.'^■^
of tho mounti.ns nhftro th« crn^k bt
A. Von ^ Rirj I h 'TO b- n up ovur -.drat tb^^y c«ll t^o 8«?ronri
fulln in ^nr/rion-'a Canyon.
JUl
JXcj
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C ^rof! w'nat eoiirr'"! dofc« tb*; uator rono T?}uch sr.er-'ia on to
th". Vl'^^'fl'> OJ' COLlpzir-itiVf*-; l;un t'i-:u-)trv'. ut t>'t: mouth
ox" UitJ (7uc?«:.ior;^':r!> "cm on'
r., ^ell, it ii3 from roinftdl, ur^^' enow tht.t ic cq rited in
» ('diiiu liUVi! yt-u v'biiLrxM^c loj v.o Uie 'ixtent. of the vXraua
■hlch /.n '-• ■!HJ8 of Cv,nRidt.r::l:l^i rn^inf'jJ.l • z froni ihe
Cjj!Vor5 at t>i<' foot o*" th^: ^-^.^y.^^.u ir^'*
U Vf;ll, thn .; :".it, b'j(.r: ui^::!t:; wjjt;n j.' ?;w, uui-n a-i ctjiubio oo
croet U:(i nUeum to f^^i't fro!?i t}».e went to i:.h6 uact or east
no +be v.-cj-t; I f^oiild ^ndr'-' !t ip 'A) or /iO or '0 ft-ist ride
ill 'i:a;uu; U-i'iti in i. ctr.LiC'^i.\.v)A: vvldn^ o: ..tiXL^r c-;'..n/^ ci'-n
/;., I'UBcribo the tUQpe of thn ) «3c! of t h« Ktrviaa ut the j>lfico
'.'■♦irtrt! il fiebcTirhrr, frriii tho '-'ub'nt.j ins t-n i^«- tAi i/j \a'n}\'^*>
.1, .;i;xi, Lhcro ^.uiic b« it rdopc ti.tr'; j. rob;. My u-" - i nuvc
lovtr i<;vt;lud it t;xu(:tly - Beit 1 Y*^r f ivh Viuntirttd ft«fct
^o tho !nxi«.
", i^osm .-iwtur fiov pr^^tby K.v.t'-u ;:;ert; in t/irue of rL.infjill'
A. Y^ii, «ii*.
'^, '■!.:. ^ t ^' -VO vc-.j .)>>?». -rrnv'' ::n to fro r-<'^ r'n*. t."i ■..hirh tV<
vHiJ^or ci;j,.vjvmai'a, in «iu.x, n.;jj bocr> toiras^iO the dohrie rone,
u*.i Uio r/ioiith iif tiin canyon'*
A. V>n-^ ?i 7;r!l f1;':-;L.->i>.- -r n^r.tt' r';,adly. ?''■••*. .- ccorriin";
I/O Uio vi>Avij'j.. or wuu.rj f3o:*..« '«;*j*r it flo^;(i 1. c naideruble
(ii«t!*iM!e froM *i»« can von b<'fo- <Hurin" alt^ r,
0, x.rat ]''vo you not in. r' *-.>>cnjt, iVp v.y r.^ if *^^r, riif(;,,,,.Mfa-anco
<j;. uit wU't/iSJ, V'0tw..cn U.o Cura- w, rin;"B, fcjri tht» ?«iouth
of th« c<ir>yon if hti '^
. " » il , v-Tu r< too r,trftcr! in y-^ry •e.^r;'", ofrir.?.-,- •• it tr Tolr
fL
IIp^
ao
^14
ovor tjuibt* i;. \jxx. cf t;i.,,ntry; othurwiatt it aini:ii bbforo it
jr«jt»ii to the BprirvB,
Q. Stuitt whfcit you tu.ve oblil^rv^^d if &nythin<^p ua to '..he
c<mt2nni-ty of U*€> ■' 1 o*- irfare of th«i tToiino, bc-
twctjn Uu; itout}! of i.hc ctui^on urid the Cue* ; . : in^** ?
/ « T-ili, ii.. floAB in a BoutheL.Gt:irly directittn fnc.^. the
aouth tif uhii cL-'-.jon till it i.usatjci - 'V .a I uif...!
!)<«(! of U'.e Cii ii. ^-.hIi i^uacon the ai-rin-r^t, - i.'o.B3e8
tfiiouf')!', isjittt Ui«j>" Ctill thfi rtj(i hill.
Q, toiioji thiiii strdiiT (.'iat; . cui'X ceiscriho xte naninjr of oia-
iii4*e«u^.:actt, Ci't,etb-sr it ^ettrs out firtjt u^ovj) or bolow ,
patera cut at U* i-'j^-ut}' of the ©{Jiyon firtit, or c»5t,oe8
.flojtii^', o'uv«n obouTi Uie iiaa^ Linti, or t-.t Uia Cucairiorif^a Kprini-R
fix&t?
. . It c:;ms--8 flowin - o»..'io\?, <iJK! frrmiaulr. cwaees -v-.^iTds
tMtJ north.
(]» Larir*^ w}ii»,t ^iarioc of ^k'/ulaiii coosiktion wriut h^Te you
aoticsjfi s^a to uiu recf-ptitclt for t"- vuttr' It rf.uni , y.' tosne-
nhcrti i orQ6im«3: mutt becowes of iu^
A. I prosuMb Ro; it ffc»»t! into iJi'-- ^TTound.
,, ti^mt lis tJiu u,-^.i a ... .. ^^,rouna acropa that strip tru/*
iM;re£^U by wie stroaM, iiiiire it ^racruciliy diG*^^ Ci^rs, bo-
t^>0:;U th« Qoutii of tJio ciJ'von ttrc tha flucanon?^ ;'!jriTi>'3iT
/.. Sfc-^iiiju^ly fsy-iX^l; tu .i> .. .. ^ v^.m' o,<er.
• , .-'••",«. y^^y ^^^, ^^^T^y rofurriii^ to the axiriaxin,
iiiif fJillT'I; I ittj <.«-.iiir :.iia about the jjv*rfaco»
G, /favo you evirr nwoic finy bori/v's, or t^>«ioti : '-^ -..kinf; ui^
borin^ca or til, . buaouth the tiirfuvM ovor tiiuL utrip of
IfU'ritory, b«tr«,\ton tiie ' . .,, Kmj the inouth of
ji.5
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n < ui
- a.
-• U 3
n6
il, Yoi-:, sir ; I H-.iVo.
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0. ^'hor»i'>
■'. ■'Ii- , I hav« ;d in t'u. i'lnneln t' i i'\ ivul
hnvf} ivvwrvi^nr *'^" tiUnnalinr- oor-^'' ^ ^'^ <^^ ''^'^
';. I jiuB 'ii:'/J»i.- 'ou 'ii^ont, that country bat'itcon the Cue
flprln^TB inif. the nm.ith f Vno c»nyon*>
' . ^'<;l.l, r.oEK* of thftm wool'.? luy ^^ ' n - not dii-ftct m th<»
Hml of t>if> o>uannel,- o-^'f to tbe Blrlo in the rod hill.
, ^hixt hiiva you noliceci in "fJ^at ecor-e of ^'"--^tr.vrr ^Vi^j-v
».<1)oiit flcattnred rh'nnelB if ar.yl.^unfr, ^hethtrr t]»6 chfinnel
in ntivdfrht, either i Btraidit or « BinuouF. well-cefmod
uat«ir courjjo, or w}K»t>Kir nhdrn aro .\ vm-it^ty of rliannele,
i. d?>orf5it>3- of chrnnclB''
\. "ftlX, m son« inntrnof.'^ it ia ono way and jjupih anot>ier;
tborf' Bciv-i to be '^tcrlcert dvinnalB in x.li-coo, and ai» v.<' rat
Airt>i«5r j4on«^ it f.ll oeonrd to b« in ona bod,
'\ ;, fiu-iiher fOLon-" '.4\Kt do ; -/u nwrn!^
A» l'\irt'.ftr in thf ti.innc:! driftinr.
'•« ?p11, X 'in) you mis nciorctood n© but thut lo all rif';>it.
'Vi<, T •^•^H nnVin'^ you i-^bo'it tbtj »>iur"^acr channel botweon Ui©
Oact. '>'u:!i ^)riiv»:8, and th« r.outb '' • •: can^on'i'
;t, '^cll, tboy arw co'n{>ofiet' or --i jv«1 iirinrir'tJLly, tutpI bods.
n. Pt.';t« ?*i»! h**r tboro ch'inn€»lr are oontinuoua, »»fdl defined
:««nr'<od by dofinod binkn, or •^(*tv>.»r i^uey wu-'u- • ;.i'^i >- --r loea
>)V»r the bwfacft of tho pround, • n T,ho rucuj-sonaiu r^prinp;B
imf\ t>'0 rv>iit>» of tbo f'ucti'ncn .. canyon*
•ol
f'uo L'^'orvf^ '*•■' 'b i"-H«lf : r? fr^rly v/cH defined;
.JJL6.
Thoro xt brijic! u 'Vo!n that vidiero it has becono fouled wid
ojireiid out,
;.■• Il<iva you rjotic^id therd any inciiCfetinna of u dobriB cone
at tlio noiTt,>i of t>'e CHnyon, wkI thence spread insr toward the
i)* I hiJtit been over oonw of it; yeo, oir,
r. Are you uble to cioncrilo it« diracnsionp' I oon't icnow
whothwr you mude u uufficiunt obBorviitaon for r. ; 1 *>
A, Well, thtit cone .vill cover Boverul equuro mii*.B; I t.oi^ 't
i:no. junt -jJiut the uroa Ib; I huVG novdr sToitB^u'ed imtl
oon.mtod it.
' » rtato rfhothor you uctod ae zjmioro for uiio diutribation
of vv&ttjr around the red liili, and fron the Ciicaiaon/'u 8priAi-a?
1^ T jip zoijero -froTii ^act^'b-r T'O,?, un-il AufT.iot of this
i<ajt yo.-a', Au^-na.t .iret,
\ Were you living Ihore eo that you r r - did you make
ijuob obaorviition ho tb<it vou rerierabtsr the condition of the
watar on tlio «aat fii(i«j of the rtti liill as ffu' buck uo 'B^S'
A. I coiil('.n»L Biiy t)iat I had '^t^fe any very e<irTy obaarvationfl
T,^it< r A ^i':V(>,
", '^'avo you any uocurnte recollection now as to the tine
M)ion tho vmtur b«fi;«ui to dinuuninx and dry uji in the
(?jicuwonra nprin^^ um Cione^rue^
A. Tt ifjiB Buvwrul yojiTB uftor I wat there thut it co>T'!flncod
to dry up; I coulrinit Bt»ite the dtite ex'^^tly; aou*' five
or nix yojiTB it co'^anoncod to dininiah,
''. '^b<n die you bocono zn.itro**
A, In lVJO</>b<il- I'vOi:,
'\ lou lijjd rv>v«r bendlod the Mattr b«fiir<' th«t'
_Eii.
IT
A. No, air.
0. '""or ih\on wert! you eanirro 'Vt.>n^
A. The Oncjsrr.OTu^tt Water r.ou,.i 7.
0, 'horf; vvtTfl you rftcoiviiv- tiio wat«»r fron fih^ Kiif^ie Turo»ol*>
.1. Fron tunnels 'md uwlls, (Tucn-^on^a Vi-i(?r (Io't u" *a [)roi»ertv
0, .li<; you h>indlf- .Jiy v»ftt»r for th«« tv' ••ji.vjjuu juoir
OoHjiarri'?
u Mo, Bir, £1:
i^ftcrooe Kxwn.n . .-.on,
"li. O'^AP'tA!!, 0, You B;)«nk of the r«c«non>''u uLre-.m fljwinr
bijt. . n '!>fK'i rod >!ille: v*i?it did you have reference to as
thi) rod hillR*^
. ''>'• tV>«r« tftB ^i d->drj of red Mils that you can ot, ; by
nho diR/;?*ii~i tJiere iMht l'?v in faction A and 4.
., What di^JifCT'^ri iio .^-u i '-5 i uu'
. T>UB one h Te.
rli;, .^hlTT: VvJiai, you ure lookin/:' :^t ia ruo-kod '^liuntiff'u
l?:d^ibit 1.
'.\ Nuw, en thin plaintiff* « ' it 1 -MA. roproBonta the
vix'i hillr t^-fit r'rr n-rx^ - of, <^»^C' Vot :orn v;^-'irh thr^
(?»iC<jji;ruTu i;rut t no u?
,. *'ell, it io thcue herf u\d on thic Hido,
. Jr^ I'tor+ion •'!'
:\, in ::L!Cv'j.un '* j^ni iP boctiori o.
. V}j ;ro Tio^ ip thf; flotp of tho ttirti:.^^
;■'. ';'*'- n T>ci^^ ri/'+it her ft,
('. ■•»!J*koo in 'i.-'C"
A, vci;, air,
0, TJo;; fiu* ivf uTt uro tiie two red hiiih botwocn *]uch it floi*8.
2^1
Jl.
A. Veil, thoy are i:ro.c\>ichl\y juincd; Uipre in aimi^ly a
ttoijreiijjion i'omdd thcro by the *utcr running- bt^twtcn thtt
i»i«o hillc,
■ \ 'ftliiit IK U'.G wiaui or vhii-U cJCi-rutiUxon bbtwotin the «vro
lulle t!iJ-ou ii arudi Uio «iatt»r fiowa?
A. ^fsll, tbe exJiCt idtV. ■■'■^ Uie uattxi itBolf,- the uxuct bt;(i
ol* liio \««kJih itBolf wili vwy all the way from uj to
j)robuhiy 100 or 10 ffot,
r>. Hc;t,^*iori r.ho hills'?
A. iiot\fiJ-n th.o hills, tho bod of the vvusli.
(>, Wlutt piU't. of tho vail«y bot-.nuen thoee hilie >.ill thiit
IDO o^ VrO fert or.ver''-
n, M'wix, iU covoru from Uio - vrell, it nmu Uuoudi the
bj-lls; I don't Know .^iiX urtsa it -.vill cover in inmnirig.
0, I ?aT talking; more n«irticuliii-ly abortt tiw plact Ahertj tJie
i/aaii oi" thfe ('ucainon(/;a Cr*«:t.k ab u/iiTlcfsd betwus-.n uhc iwo r«i
hilio. ^hat I am askinfr you is, w'lat U the (listtncfl fr<»n
t)t8 bauo of on-^ or thotje lulle to Uu; oiiier?
A. Ao I SKiy from -'iO or iX) to 1;/) feot •*i(l<*.
0, Vorth of *hi)UQ h.iils »/hut is t>'.e d^aruc^-or of ihw country*
A. It wafc conBidorubly brokt;n, coni:iBtB of thti fmxn waah,
iath ifi-toriefj liSMiiwj into «li(i muin via^'li,
(}* Hou' dooa thfc toijogrujjhy of that fcect.i.oft co'.\ ui'o v.ith
that pliuje idiero thoae two hille ni'v ryprobuntec"
iU Aft«r you ieavo the rod hiiif. thtr»j ia n. fr^ru'iual riee
toward a the mount urns.
'\ ■^^'l-., eant und *eot \i!^at ic tho cJiia-acU^r of t.ho country''
ProCojLCidHy Ifcvol^
A. rt is practically l^tyf;l oust fci.nii '*o»it; north una uouth
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ymi Yit'jfL c. f/JlI,
Q, Anr' t>*.B i>loln uhore thu ttyo hillH, abrsut "^h«.t is tho
ttidt)i of it from aatt to w»*tt
A. foil, I don't quitfc '.in^'TBttaid thflt, ^hat you vimt raa
',.> covtji' in l-hat (|ue8tion#
'\. '^1i<in you rome ovit of the rnouUi cf th« cwnyon, t^'e water
t)um poiiTB out. upon thi« iJltdn, or the ;..'3*ttvol bedR that lie
at Uk. foot of tbfi raountuln?
A. YoH, fjir.
C\ Kov.', froM eaat to %«st Kiut ie tlu: cr;untct' nof that
nouiitTj'*^ 1^-" etrfeijn ie not ^selled in >y i?m>un.':.inp all t>ie
way lU) <it this point of ii«luch you huva boon poeakinr'-'*
A. No, tir,
'„ AVh-uI. i'iii. ia the- nidth of th<;^ tnint zYa'owrh vhor*? to tlio
tnjunlainti on 'iitltor oidei ^f it, or uj'o thorc yi»y <jtt all?
A. Tliorfi oro no mcuntainB on v.ithor nicto . f tttr it 1<:hv«s
ttitj cunvona.
0, TToTji far ie it flrora tho (?ucuinon^ra Spriiv^ to tho month
of the ounyon?
A, I hiiyti ntivor inoamirud; I ahoul(! j'>rige four milog.
0. ^'hm'c (iif) y u gay th«» wui.t?r firat bo^ina to diaiiPpear,
on tlic r.'.u'f^ico of thcj ^-r.-unci in Ihts Cuci«iuu-u r^r- ;;k?
f'.. TO (iB'xmt'a un vi'.'.u u^-vw j/ ;,i-.-ar ; diffe.iuni. M.^.iee, frwn
t)i« moa1<h cloar to t}i« 8i)rinf)^B; at tia«o it wfcnt ty the
ii])rin/*B.
W. yi* rimri by .hu B^-rin^'-^a?
A. TcB, air.
0, Ho« Ion'- ( ooB it ccwtinuo lo do that' How laV-j in the
Kutoson?
*,v -
jML
^i^M.
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2
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6
A. Thojjo later years it is; not riannini^ by there so nuch as
horotofore; I huve uecn it rim thoru throu^'li the bod of the
wtish up till June, \nuKl the Ourtanonga ^prirvra; that haa
boon i>robiU)ly 14 or iij years u^o; I d<m*t re^ivribt^r eract,
0. You aay in rocwrit ^/^^^'s it docs not run Uu-oii/'fi there
80 loi){-: about ii&t time of the y;^^ &r do«e it run throurfi?
A, Well, it hSfcS I'un as lute as Miqr
Q, Iftiat year?
i\. In 1V06 - in 190L end '06, I bolieve it haa run pi.et Lhere,
Q. Ae lia.t<» ae ay^
A. Yes, fjir,
Q. Mion it be^sina to dry ujj entirely, at idiat place along
til a Ouca:nom^& rrook does it dry first?
iU It ccniioncee at Uio lower £>nd i;iui cries to ards the
mountains.
0, About Tdiero does it ^isuppear first?
/i. It «*iii ciBt4>i>our,- it doj^mcU; on tiio wiotuit of water
Gtmir^ dooHf* at Uie lower end it diBi4)i.'ti'irB first, ia\&
jtrof 8 towi^rds tha hill.
0, Vail, flous it depend en the quantity of water t>'.iit flows
dfWfn? Don't it beK,in to diu^^piaar at itbout t)ie ^aivu ^iitce
all the tiia«?
A. That I couldntt state; I h&ve never made any obserTution
direct 'vO Uiat,
Q, Dooa it diBi4)>it,;«r beloiif tho rod hills first, or doos it
disfij^peor above that place?
/\. It dinfai)puarB below the red hills first.
Q. Then gr<uiually tho dry lend recedes up to the laouth of
tlie canyon?
A. y«B, Bir.
(?♦ You aay Ui&x. the oause of tho diBUi;}'eter>.Jice of th»
3 Wit^r is Uiat it £^oo» into the fgroxmd^
4 A, Yoa, {iii*.
0. T>oca .^vo^por.'iiion havo nothinr' to do arith it'
A. pr ooifiiabiy tjo; yoe, oil*.
Q. Ik)n*t :Lt htive t* f'jrtiut dodl >-o do with it?
A. Not ill the; J36*iBun that the water 18 nainiiis? there
it '.vOUidi^iH have a ji^e«.t efl^ect,
Q, I Esaan wh«n it bft/igins to dinappoiir?
A* W^ll t}\at v^otilc depend on tho seacon, "whether it wm
oxceecliri^tly dry or dapj|).
Q, Svaporatiun *ouid Tuiy ofcoiurs© u^cordint; to ^htitlu^r it
mm hot or cold , a dr, wint! or a humid atnosphero*
A, Yoi}^ air.
Q, But itin»t wVi.poration vary c onJiider<l)le uLl tiie tisM^
A, Not ttll the tide, no,
Q, f!i«,v« you ovor WMla bny Utala of it to sot idi&t tho «nount
of cviij>or.-ition v.ae^
A, Not taiy direct teste no,
0. War© you ev^^r noticed -.^htthtar there ie & difference he-
t^roen tl» amount of v;fi,tter flowing :; there in t>>o eurlv
Koming wnd in th^ ttftemoon at three or four o'clock^
A. Tee, sir; there iii & f iffer«snco,
(}• ieucJi dilferoinc6'>
A, Hot :jny con«idere • lif> difergnco,
Q, About, how mucii wator flows down that streaa in «n ordinary
uvur^?fi neitBon, for t>Ki laet four or five yeurs, hm late aa
/ii)riX, in tb£vt place?
^ja
jje2
A. Wall, thero wui very liLtle water that would gt) dotm to
tlio B])ring8 ae late i^B t>>at.
Q. Woll, in Mardh Uicn'^ About how ranch flows uhuro in '•uroh
of tho avortifr.© BOaeon of the 1- »t four or fivo^
A. tali, Ji htvo nuvor cornijuted that bo tiiat I could aay,
roaeonably, on it; thoro b.a bt3!;n u^ ^^ uiov , buw I rover
took exact MuasuroaentB on it, <arjd i could ft atato tho
quantity,
{}, Navtir nmie &ny vmutaa-uci.n^s oi xl?
A, >lo noaaureMcntB ciiroct no.
iU I5ic you r.ukc any iipproiimationr: of it**
A, No, iir; no i».i-jjroxifl!ation8.
Q» Po you fo^oa about ^fiib^t t^ie ';a"ade of the country it,
^lat t}ie inclination is, belo^.v thoeo rwi bille towui'd
the BOutlri?
A. Woll, it %'ill drop off probably 100 ftjtit to t}K> rail*.
Aa you f^ further down m the va.lley -
Q, I EH;iin to Uib hill?
A, rdroct thtr<5 it would ha uhmil livO feat to the mile.
C. Tl'ie wi.t<.r from that or ok iu tdl diverted now, ©ithor
botveon thosd rod hiile, or btforo it (v^u fmy far into
tho ▼idley*'
A. Yob, air.
Q, Aqu tukun xn *hi.t diroction'^
A. TaU»n from tho Ciic^ioai^a rprin^'-a, t!i:on to the east,
ii. You tiuy iliat you liuvc boon diotribiain^ water for the
(?ucunonr"- ^'at«r OoriMany frora Docoibor, 1'jO'^, until when'
A. Prom Docoiibor, l^^O;,, unT.il August iirat, li>07.
Q. And that you Tiwru aupor.ntendin^ the dietribution of the
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wiitrr from the; t/unn=:;l8 imci ..idlr> of the Cuciwoiiga V^at«r
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P, Teii, Bir.
0, 'i*^»«id-, timnolo jJid ^^oIIh fUd you r«f-:>r to^
A, Well, l^iftii 7.0T'1(' h<; frw^ '^ = *' Kiidift tunnol, or t -rir.el
ViO, 7, or T.cmb Str^ir mnnttl, i»£ j.t in (?all«0,
0, And vrhiit .wlle«
A. Tl-sti 'rslb^ frora t,h« 90 acre tract a^v? -^ii^ i.one '^t.^,- tract.
Q. \%i>re is the 90 acre traot lo which y<u reior**
.1. jt ij^ on the ^^eftt isido of the red Mil, or [vxt of the
rod hill on ^'"^ -yeatwly side,
0, T\H'. 8(; !(a*« thai ia merkcd'*
A. Yen, thits v-oint h«ru,
0. ■?;!i<jre iO the Kaciie timncl located?
/I, 'H-iB lin« hwo deeifinateD it, the mouth, uy\ it runa from
t>lf, 6)1 14.
0. n r-mii thTon-jii the '^0 «jr3 tri;ct'
A, •<»««, pir; tlsrourh the ^^0 nc.rc trii,rt,
0» ?^iat mil a rtid you refer vo m the W &ore tr<-.ct?
A, The Oii(»riF!onf';a Wat or ('onj)tjJTy' » a v'IIr 'ire till on tJie 90
iiorc tract; thoy htive h Bj^etem of •oils in through horo;
v«ry f«v7 flo'fdn^-; now, excoi.t the one at th« cci^ibimition
divjoion hox, 'nri t-s^o ou':- on the tunnel No. ''•.
\\ Tnat one tih the combination aiviaion box ia niM*«red nhat
If it )■! p. i\ nunbcr'
A. Vt'll, I eon't -now ob therw is on« ri,c^l> therw at that
divi«ion hox; it ie .fnrt>»'ir in the tunnel.
:). Is that thu on« you refwr to ^e the bi§Jt w«ll?
'». ?<o, not the bl/r vwll.
m
j4^
Q, Tho bifl; .^ell io further ujj the l^urmol^
A. Dn the Ont<ii'io Pov.er Coni5)aiiy»B Itrnd; yaa, «ir.
0, The TK»e Star tunnel io on p^irt ol* iJio rJuctinoii«;t. Wc^tor
CutiiJ wi) • B |>i op or ty'
A. Y^B, Dir,
(), And i'cs welio aj-© !i,ll on the O'O ;.juru u-act'>
A. Then; h*.?ft wdlls on the 90 ucra tract; on uis Lori* SWo*
tract.
0, Dia ^^i}^ dlf i-ributo wi*.Ler fca* th« Cucuno'if^u. ^n-i^tinf^
A, The OucjJiOiV;^ yat.ir C<M(^"70diy,
0. Ilie i!u{;iij:.o;ii:^5E Trr;i.gt..tin»^ Com^iJiiy?
'U T^ in an irrimitiiv' ooraj<iny; yes, air,
'■). Did yovi )ii../o a7iyti'i.i/\" to do with th« dirtribution of
t}'.e wttttir of the Old Settlei's Oanj>any?
A. He, non« vhat**v<3r,
Q. Triouo Kteiiii on thi) "»0 cry xraat^ iind th« Londi Star
tuiin«l («nd the }<lai!itj oonrn^, conotituti^a all of tha waters
of which you 'xv^i^ the iitti •<«.•: orient ;-sii6 uifctribui>ion fuv Llie
Onctworv;.'* wu.tur Cot75it*?>y?
A. veti, air; 90 (cre •^r'.ci/ uid Lono Rtur tr^ict.
'?. 'To'-v lon^* did you Bay you hiid bc(m ?iucquainted with th«
divoruion iund ua(} of tho wit^jre of Uig r!ucaT.onf;£ir Oreek?
A. ^vhy, ainco 'Bi^; thut ia 7iot tir'^ctly; indir*rtly.
vi, \t)io ..'OB diyori-in^;; tli<* 7.atjr in lJ;i'!";, azici viJioro wus it
huii^r ui>ed tlion'^
A, It '^aa 1mjih<,; lUj-^d by trio ('uc.»raont;u l.'olony,
Q. About viiiut axtent of cocmtry did that cover'*
A. I don't knov Vixh ucreaga ^xatXi'j vX thui tizac.
Oc
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10
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5-il5
8) < uj
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. J" =
Q, Were tViO pIkcob di "f oront fron v?htr<; the water ie nov? usadt
A. ?o.u:. 3"* 'Jioia yeo.
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0. Hois it still biJcn oontinuoiisly div-rtnd, iJid uaod for the
t:' jt* p!jr.)oa8B ariri irriirttad the sJino countr>' s^vur aince'
/>. Yoa, ijii-,
Rc'oirect Rxa^^inution.
%\, Tfi-JVI , . L{;1. "K) unc* .rcturr' •.?>'.- 1 .'ou -ir :-.n Vy Ihe
(Jiiu...ione;v*. i^uion^ tavi tne use ui w.o wi..i^'wr '>nf 'luw iiB
it did u];on you firot hfid so^e indirect noi ico of it in *0r/.
\Avm. the? -.mLfir ct*ujjr<d to flav; in tho Oiirffiiori'ra Bpr.iTV'-.a, I
BUpi/OBa >ou don*t raoioi vmt Jjjiyboa/ \Ui;, uairv; it tht-n, the
ua"::c ioi thoy v»ere in lt*?:f>t
jU '.Vuil, thurt! hiifl 'Tv--V3 h(;<*Ti a p^r.l"! ri -^tmnt runniH'* from
thoao B|"<rin^r8 on th« '.;«!r<- sico oi viu. '. .iil,
'. /ou r^for to i,a the rucu "olsiny?
;■. -rcll, -«. o -If! bc; cf--': TJ HnH of f*iir.. nonr»ji, ^forth Purnnonpra
wid f;outh Cucunon; -0 .
C, To you kno«' if t]i(^y un^^d imtor fron thr Ox ar-ionf^i fhiringe
en thu CucKnion{<a vin<»ypr'''>
A, T>io (\xcaraorrf'"a vineyajra nut a c rtuin projiortion of tliat
mittjr I beiiov»j uxvA hiiv« to the proeent tino,
n, ^n1. '"mi f^nfn«t, Vno,? ^^nt .ronortion. r)o von Viirnlr the
\.uii.r loi ;,ii<) (Jia iiooii:i ." lor Comjuj-iy'
A. »!o, dir,
0, And ywu don't know Jihat proportion of thu .•Jtttfcr, or do
.-5 >n
1 iron kno.. .viiut j.>roijorv,xon ol' Uic wutur tiutt concern hub been
2 accu«t()med to iibo'* 1 ar'; opcakinf'; of tho mtcr fron tho
3 aiicu.*^iorvi;u f'prinf^u, iHio yaat aide Wtalicr?
4 A, Yob, fjxr; tho oaat oide; wliy tJioy la-e 8u -,>08'jH 'o bj vo lan
5 oi^aU. diviijion on it I bi^iit-vo up to u cortain amount,,
6 . '^ortj you {!;iviivi; n" acourut« attention to the une t>u.t
twenty throo or t'nenty four
una iUiiiii of the -wtt<.r, Buy JbasojBjcrikxKHXMrxfratr ycacn a^-o,
bjr t.>io pttreoni; W-io ufltKt it^
A. »o, sir; inr jroct,
'\ So fsa' tu'. tuiy distribution of tho .ii.tjr hy vou la oon-
curnttd, it iiiuj boon oniv in th« lust five or zix yoaru*?
**. Since '.■^act^ibc.r, lv02.
^fii, JOLIFFK, Q. Don't you knoM of tho tiivoiBion of the
vriiter of ..hut CuciUioiV'H ''ruuk, V;y tiie CuO';r»onrv- T\-v»:lon
nunt Oonpany, tiiktrn ovor on to tbe truck known .a thci
Xowu tract •*
;U "one of the R,..rin^r viator,
0. Crct;!!: viutur, ti*i:inf; tho water u^j neoir tiio nouth of the
cjunvwi"
A, lluit I oouldn»t ue.y; I }i...tw nuvcr mvoJitinXcd tv>at;
nover lookmi into it; the Iowa Colony I bolioTo hue wno
\;atcr from tho nuour-ion^.!;a Cwiyon, bu au to tho quzjitity I
(iontt know,
'\ You )mv«) not boon un to Umir works wharo thi.y divert if
A, I huvii bo- in thor; ; yon, ;'.ir; ntvor r«a8ured Ihv. wator.
i\ You -rno Ihtvy hiy^fv b --n Vikin,'-'' ->">c M.t,«v frT" "^Vie
OiicuiKjrif'.a cr<ok, n«ai- Wio (iK>uU'i of Mio otJi^yon, foi diversion
on to Uio loiwu tract *>
:6;^
:r^7
Q« Hov/ ■ onf^ haij thai contiinucd^
A, Finoo my knowledge of ihr. ro^iTrtrv ilu-rn.
(), Sinco about •8r>?
A. 'Bfj.
^Ot, RAf)K>]TJi, 0, TiO yi)u ' ajkh i.o >h: nndt-raiuofl !;n rtivinp* tVitit
Outuj lorv;';;;. nrook i,nroijrho\iT/ uu-. vnntcr, for i,r;r;UunCij of
«
1907, flovVB it. continrioue otrojjn of water frcpn tho nout]^
oj' tho canyon, tliro'i-liont '}^ti winter, down ^^aao tli^ red liill"
A, Not u oontmuoua I'tnnii'i; no, air,
0. Ho*.v' (!00£: the stroin flow" Intorrdttently'
A. Yec, fjir.
f!'. And aocordin*"; to tha qu<mtity of atona vsater'
A. Yob, sir.
0. nd orc'iniJ-iiy in o cb t-.. -intor ;u5 19()7 jifcout ho;, lon^;
^voidd bhat Btroufl flow i»fter a htvi.vy Btom dov^i puut the
rt^} hill'*
A. Wt5ll, I h/ive not b^n)n ov«ir thore ejidj nuccoodin?" day; it
Hotimn to HKJ I notictsd it u ooujjIo of i:iaya thie &©acon of
1907, i)oefiihly tlirey days.
?ai, BiiITT, Q. vAi«jn you n>iy yuu i»oanun, do you ration lv07-*0(<
or 1906 -•07?
Hii, HASKELL, 0, I)o you laean this v/intor or lii.Bt -^intor'
A. This ri-inter,
Q. V/ull, I taa a\jiiukij\c, of lh.Bt « in tor*?
A, Wfall, I couldn«t Buy t.a to tht dutos oxoctly; I only
jjiMiBod tberf? Rovorul daye, #"«n I v uo oi-Bein'.' ovor the bridge
bolow 3ajr) liernaj'aiiio Avonue,
Q, About hov nwiy days do you think Uia^ woul(; continue?
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A. I coiild not Rtuto u.b to the nianbejr of ciays oxuctly;
iioveral cUtyu.
0. Mc! then t}i.e ^mtor woidd ceaee to flow irntil another
tii.orra'^ W)ulci cccie, v.'oidd it?
A. Y«S5, nir,
(\ ki6 than it mv^t flow tw.;ti.in if tho atona was heavy
«»nou;d[i?
A. Yob, Bir.
0, In ot>wir words it would dif)Ui)pour Tfithin a nilc.- or two
of tho nouth of tho cttnyon \>oiildntt it^
A. Yojj, eir,
(U T>iro'U(.jhout tJie vdntor?
A. Yon, oil",
Q, And that is the cueo over^'- v/intcr i n*t it?
A, YiJB, Dir.
M?, JOTJ:f?*R, 0, Had the water flowed dov/n tho j)roB(5nt winter
a« far ;.:a the fi])rinp"B? Did you notice'
A, I bolievci :it. ; ;<. couple of aaye,
0^ How fai' below tho eprin^-a did it reach'
A. V/oll, in croBsin/' on the hrid^-e on Ran Perpardmo Aronue
I huvc notioeti it croBiun^;; uiK;er Uii;,t bri%«3; I oon't kno\;
hoif far b«low it ran,
0. T>o you kno'ii' Jd\ether it reached below tho Pejita "^o Railroad
A, -vu, sir,
Q. About ^i«n was it that you noticed ths: v.ater flowirifi; by
tlie bridf?;<i'
A. I coui<in»t Bvate aa Lo tho «jxact Lirue; it was after our
first rainfall,
0, Had you noticoci aa to that, after tliie recent rain i^ich
31)
I i«
C5Jrae a few days a(«>?
A. No, air; I did not.
0. You don*t know iah«ther it did then or not?
A. Ho, uir.
0. AboTit >i<it was t'le volume of -Rratar v/hon you saw it flowiiv'
))}.• tiio hridge dm-in^^: the early iJi^rt of the eeason?
/'. Tlwrii nust havu b»«n 100 ninrra* inch«8 of wttt«r flovdrv-
past that jjoint,
()• J)o you l:no'.v ho*-* lonpr, that continued?
A, No, I do not; I waE ovt^r t:.hory tvdo or \.hr9» df,yt taid I
noticed it flo?dnf%
C. How Ion/", '.-d'ter the rain wae it thut ycu notxc<xi it l;.st?
A. ^Vell, juet a day t.ftttr tha etorm.
V. Wc}.l, you aay you 8ai» it for two or Uii*«u aayu
I undornttind. you to bun?
A. yoti, sir; duriu'- Uic stona, fajid the d«i.yuft«r I htdiove.
*nj. BRITT, 0. In Uiin ttiblulaticn thirl hr-a boen preaertod
linrQ ao plaintiff's Kxhibit U, Uiera ju'e aorno cntrifta un-
dtiT tho hood of thoBO Btiae Line: 'Vdlln, i6th :'t, volls,, of
jnmi'inf;: Dit: you naka imy rao»i8ur6fnont.a of the quantity
]«rip«d at t)\080 daya*^
A, No, air; nono ^mtovor,
K.T. WBIPrHT.
F.T, Y^[U^HT, y. witneao provioualy wrom, hoinf"; recfillad
for plaintiff, tf^atifiod hb foUovra:
^1^ BRITT, 0. Rcf«jrrln,'. to thia p'4»«r, -adubit 11, whoaa
hiaidiT/ork in the ta>)l.vilation itaolf?
A, I tluni; it ia a dri-iiif^tanjin in ray office. TliC papara wuro
M)
30
f'iven tohira by rsytjolf - tiie figiree were driven to him by
njffielf ; tlie pup era Fcrc eent by Ifr, Johrmn to n© invi I cal-
{nilf)ted from the data fumii;bed mc, am; ^ui^ xl xn axriwra xncli*
<}. Tho foot mBaBiirorrcmtB, the cipth of wolle'
A, They r-ern t a^rn frv^. hiti };oper3 jurt &a ho sent them in«
(?, lliey v«;-c not : .< ^n mers indies?
A. No, sir. That only refers to raaacir wonts of quanti-
ti«c of wntnr,
Q, yt aj^>iKJu3*a here you mov^, the obstsrvor on a lev,- occiioiunft:
»Tiily 15th for inRtiincc, and uf^ain Soptornbor bth, and one
?.Htar rfjite*>
jU July li^th, and !'ov©nbor 6th, 1907, and Junujo-y ?Ui,
1908 .'srf) tJi» dates I neas^jred,
(J, f?tato 'A'botbrr tbo me?u!uro-i';r!t'j nnt<iro<l in t?:e ncvorjj.
colurm^j h^'.ro fclj.ovdn/* your m.jno aro correctly lauio?
A. Th <iiy x^oro,
0, f^tute ''f^iothor t>.c retnilto of tour ovm obrervftUons uro
corructiy tubulntttd in this exhibit ^}o, 11^ i., /ncy ua,
f\ f?tHtn v^H-thtr tho coTnj.'U tut ions of the dt.t(;. fui-niB^ied by
'*!•. '^o)iiirton, were oikce correctly, u:^ K^hctbcir tbt^y jj-o
<K»rr«ctiy noted on tliia tabulation*'
A. Well, I say thoy JvC-e; therw j at eiriply mi?:} it be a
tVactional j>«trt, a hundredth of an inch orror aomovdioro,
{)♦ Subutuntiully correct?
A, llioj' ctro correct, as fur to t^.at f^at.
ri. Subrttditittlly correct •> A, Yoe, uir.
m, mm: with tJio teatinony of Ifr. r/rir,ht >^ offt.r in
ovidonc© the renuindur of the datu nox» on this K^iubit
?{<j. 11, thb.t vfiuch ranfc-incd unvorifiod from tht> testimoniy
yal
-37
of }-^, IxiBddc Johnson.
l!H. CHAPMAfl: Who did you say made that (ia^rum, that tahle,
i»ho xmAe the figures?
A, I think it was either my son or ^'r. Jordan in my office;
Tiicanas Jordan or (George V/right; I don't raiienber which oae
mad© them; they ure both vjorking there.
Q. Fo'»/ did you say they ^t their information?
A, They n;ot their info rnat ion from the calculations t:mt I
miide Ely self and |jut right into ray note book, and :niidb from
Mr, JobjisontB raousurtsnents sent in lo me. The actual figuBis
on there are not mine.
Q, rave you co:iii)ared them v.ith youi' v»ork since they v. ere made
A. TeB, sir; I have; the orif';inal8 at least. Tliie is a ¥/hite
prinu from the original tracing, I will say in i-ridition that
T'r. Jolmson had one of the white prints for four cays and put
consider ijble tine in himself at his house to see if they
u^;reed with his o;,n calculations bud told me they v\ere correct
m, BRITT: t^e testified to that here.
0. Vis you make those measurements under your name there
yourself? A. Yea, sir.
m» BRIdTT: I v'ill ask you Tlffi. Wrifi^it to indicate at the head
of the columns, the instances in v.hich inches of water are
meant, and instances in which feet and hundredths of feet
are meant, (Witnesr does us directed)
Diugrain ^-.dmitted vixj^i^xi in evidence mtrked Exhibit 11,
inserted herein at pa^e . . . . )
Fere the Court takes tx recess until toTwrrow, Jan. 18,
iy08, at ten o'clock A,H.
x>
»-,
* i!'
.ii
DEFKMD/NT.
IN TH E
Superior^ Court
OF THE
County of San Bernardino
State of California
. Cue ariiprifja . V i neyard . Co .
Plaintiff... ^ ^^^^ y^
San Antonio Water Go.
Defendant
Dir.
E.T. Wright, 940
I. BENJAMIN, Official Reporter
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January 18th, Iy08, Tdn^h Pey.
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'OU \iAT}i;r: Will t>..- r'r^furnant •.)c:r.ut, that, thfc piuinuiff
d i'attlnrn* Water Corr^ corporittion at all times
rawntioned in tbt* ?orfTf)lainl'*
]0<. CHA?-'^ *: Ye:;; I t^-irik w© havu aet fortii m th& wiHwcr
<u1; it 18, and tV;o duto of ii-e incorporation.
"]l, WATKKS: T' nt i« dopnjBd ^c.niwi imdvr the att^tute.
:,:i(. CHAl^J'AU: 1ft?y .u- At U;at Uie Old Petvlora* Tik^uv Oo»nptiny
in a corporation.
'''I'. ^lifAPMAH: ^'ttve vou V^e d;.l,e of the inrorporatio?i 'hoi-e;
My rccolltiction le I'iu^t th' tir-o i« uTt-rr«d in thij; uis-rr.
?fli, WAT'i'RK! Plaintiff non o^ferp, in eyi( wnc* ^.art of d«ri.i n-
nont of title<of plftirtiff Old '"ei^lern* T?.ter Coriijany.
I uuhunfc thav couriBttl iwill coneont to t-.tt off^r of
nh.aine of title an c«rtifit»d t^ bj' t)^e ronfccli(ft.tod
Ahf'traf't unc Title Comjjttny of Btn H«rntJdiriO. They ij-c all
in th<» viQDM for'-, ijiid t^«;y all tcf-othcr conBi/Aiutc t^»at
.^i.^H inch«JF.,
^1?. HLV^JA?*: That ic U^fj eawj b,:."'! Jnchee rufer)-od ' o in
tii;- roijoiutj.on'*
'11. "AVKR*?: Yp8, sir.
m, C!(/U*MAN: TU) your rjeonlf i-il cluin oil unotu th«;t
8«ne aourcui**
'Mi, 'ii'A'i.iitB: Yii>B, tur; t-.nc! cluioi umUr t'.o other Bourco,
Piiantiff Old Sottltii.* Ut. r f'on,/wij offers in eyidencu
r^con' froT'i tho r»jcord*'r*B office of the Co'mty of ^nn
hv.mkjri\u\i> of ouch una ovor; of Uio cunvey^cxos set forth
wu; onjicribtod in d.ain of tit]* r ♦^ f^.*". 'itfiolB, coriifiod
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by Uaw (!om;olid<-tori AbetrtiCt and TitltJ luwtnty rompaii}/
I ;i;ik(i the offer in thie way to obviate the noceccity
<>■* "briv-irffr f>»r» honks hero, but I mak«i tho orf*»r juat ae
tiivV\;; '.iif; b'^.'iwt: -.vr-- }'s. ft: on I: v. tji.bl©«
M, CHA.^Vv!AN: Wo nake no obiection.
M, WATl'TiP: Tlie suno offr-r . 8 to ikv fcbain of tii].« of
!),P, ^inc>Aid, to bvj niia'kop Plaintiff li ixa .lUi.. i.^.
T>!'.< aiJL'ie offer i.b to thc^ chain of litlo of
]Y:jicit» 'V, rmitli, to bn ^rarkad PluinLiffr? ^rhibit l-^;.
The {5U..r uiTta ;.»j ;.u >'m.i c'fiain of i.it lt> of
V/. T. Aaia^v, to be narksd Plaintiffs* Kxh.ibit V\ lliat
uli:o uj!] liei; to the chain of ',itle of Oi»nar Williwju. in
th.t B*'r,y «j(.*'ibit.
Tht) jjarrse offer m to th^ chain of title of
W.". Penhun, to b« r.v-rkod Plaintiff* f» Kifhibit 16,
Thfc i5^'.«i offtr ^ir to t}u- c-udn cf tJU« of
n«a'.'ib 5f«3ichofltor, to bo rmrk?»*J Plaint H'fi«» Kxhi^it IV.
T!'« a<tfr!«! offer ur io Um cffiin of titlfj of
A. PtiMcbfii;16, to ho ^.isked Plaintiff?' Kx^ibit U'.
Th« r»i«i« o^^^r ae ^o the c^'^.in of tifi.e of
Jo\m Vtdif^ock, to bo »^fcrked Plaintif fr.' 'xbibit 19.
The n^'>'«5 f'ffer /.;.s to th- chuin of title of
?Uav (\iruun. , i-o b« Kwu'ke^i PlnintiffB* Kxhibit UK
T\w far^r. of for (.8 to Ui: c^ . in of titlr cf
r.V;. Allf'Ti, to be niarVecl Plian.iffR* ?Miibit 1^1.
Tho awntJ offcii ucj 10 thti ch&in cf title cf
M. M. Kincoid, to btj n^ri-i^d Plaintiff b» Kxbibit 2k,
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Tlio sapft offer ue t.o tJio d'.ain of titlo of
Kuto ;iurxfa. Keron, to >:o rvita'ked PXtdntirfn* r;uu>)il 2^7.
T^vj £!ur«« off^>r KB to tho cmiin of title of
Klizirboth J^nuth, to he r'icj-:-:«(l Pli^intiffc' ]-::jduVi. ^i.
Tho auio offer -c to the- chain t)f title of
'^'{uy J. "acre, to be r.u'ked Plamti^fp* Fjchibit iib.
T}).o 8£*/:«; Of for ftr no t,he ciium of txLxc of
]}.L, l^avenport, to y*i nva-kfed Plaxnliffc* Fjdiibit ii6.
I'^ie n?jji« off.-r ae to Vie chain of title of
Clurliucx- V. Wwidie, to b«j i-r?urkt:d Pifcirtiffa' KjJiibit 27.
Tho {ua;u:.. offor m lo thf; chuin of titlo of
)jj*fi.?: J, K. Cljo-ke, to be sswkao' •Pluinlirre* Fahibit '>^:,
""hfj Bi;.ne offer m to th^i chjiin of tiJle of
'.. l\ Norwod, to be in?irkcd Plaintiffs* Kx.hibit 25*.
Tht fjowo offtfr t'fi to the chuin of litlrt of
llio.:j P. Southworth, to b-^ rt-rked PiL.iru.affo' ''•.^iin^hiT, ..^.
(All of the above ar-o . (initted m evidtmcu iknc iv.rked
an deoif^iatttd in tho off«r us <axrubitp)
}B, K.AlirH'XL: I imti«rst^nf the itttoj-ncys on tv»e otJ^.er
jjidt; ai-t-i wiiim*'; x.^ Btipuluto a o^ rtitln ^.orticn wf
t}u8 oiila to ^tich I \£:^ Jxt/out to r-tfor. It ii; not
certified to; it is a criuin of title f'.n-nia'r'ttd by the
(lonBoiiOi*tt*u Abstjact hnc. 'litlf rompajij .
Ar» you willint-^ to utipuliitt^ t}^.^t thu unitoa i:tttttt8 of
Anerica by p&.t«)nt tr^T^effrred or fTtr-.ted the hu»;c'.o
CuctooTV:;a \*c t})ii oatj. .e of iiburcio Tajjia, «3 ^i-.eia'B of
r<u302"d in the office of the County hecordtj of otji }5or-
nitrdino Coimty, of dute tho i<:U: duy of locwnbci , Ib^Z,
turd rftcorded the Jrd ci&v of y«irchy 187^, in Rook A of
^JO'>
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PutontD at page 103'»
'IL C}'A1'»W: Y«n, Bir; Mic patort ilaclf r}' he conBic^rof' in.
TA, ''AnJQLXTj: And that by rooune conveyajiccs the Hrmc>^o
01' Cuntxion'> t;tic.'*fe VJBtod in I»f».iiie V. Hollrriwi?
'^^ nr- : ves^ »ir. /■ ' at hr- finally
iui.ju_it3u ohi;: v.i^uxu oj-^ic 'j:i u.<.u vui. u^_,^ ui' -;^'u_;' , It. 71,
h<. HA'^'ELL: By deod rtjcorded ay, 1^71, xn
Hook K of 7oedR, at ; afro 189.
"K. OflAP^AJh Y«fi, pir.
'ii. ilArfHiliS: Yoa !3tijnil6.tG VrL.i un that ritxte th« title to
t':-; - '!• -iicho T.as vcctod in Ifiaiitt \', Hullcan do you not*"
-'H. CHiir: ^ : laa, ':ir.
'Ji. WA!rEt;S: I Monlci like to be more Bpecific to thip effect:
*j!ut wjrh patent in fi:li f».i: rerord?jd, i\nff t-'ich ronve'-rjiru
in full tx rt^ccrutc iirt; co' cvicencts wk; Cii,v.niua retxi.
!H. OflAR •■ : it mirht ar/pour th/i.t tiie doesd to I.W, HellnyiH
v'iip cirr to th<' rritfrnt, but t''C p&tunt vill relutu buck
iill iL ..iJ.x Lilt!. Cli iLi: iUCe, i .;lll i:V>i,;lU{-ot. -'UL tntf
patent toTd deftd ftre both in evirt-ncf. and deemod ro«d,
i'HK C0()}<^^: ?! at Hti:;xil-.ticn inAVc: U-. tht hcn^fiL of ij.1
Uie ].i<ant lis una uie ixi;.crvonor*>
OU ''Af'/KT,"',; V'o off , r ,r i,v:f'r.:-ir ..nrinr . f iriilf^r Rt^ni;l.;.t,ion
o;,A. ontj iiuciK. wxui :'--r, Vca,<ij' ^vrouuction ui -ii©
record itoelf , a dood fror In?au8 Vv, riellman to the
(Mc'-Tion/'u Cornpttny, d."ted tbn )' tb Hj-v of Vrv ^ I'-'/l, re-
corded vh« 15th da.y of Juno, iv./l, i^) : i-oi .■. oi loofla, ut
jjuf^o HM,
Are you willia* to Mdnjt t^it the Oucanon^^a Oortjianv
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j^ :
mm li. corj;oration on the Irth (i&y of fj-;/, lrll'>
}i]i, nT?A^"'iV': Y«R, rdr. '" ;:.t c om|;i-jiy \UoR incorporutod in
JJuii "riiiiciixo, >-.4ici wiu^t i!j. ,robj.bly why •- ^ "- "^^ i
copy of Uiu iU'ticlt;B hiirt;,
" , 'Xl.: ?Iow, we offer u daeC of the rVicw.v n<t',a PoHi^iftny
to Ptiti'iciu xureicuno, tuited the liith day of AiuruLt, K'fVi,
rocordw' in 1^ ■ tvfficv) of tho f'ounty H«!Corc''r of iU>n Her-
njxdino County, on the fitii c.t.y of January, lb.86, in Book
44 of doodfc, at iJ'j^-;© 96.
>»]?, f^^AniJ^N; You htive not the doscriition of tV:ti land horo**
. AflOXL: '^0, £ir; not here.
'1?, ri^A'^^^A^f: Toll, never mina; ?ire Vfill conaidor the
dotd in uv.idenc«,
lOt. HAr^irELL: V.e oxTt-r in ofiooncti i; do«d from trio Oucucsonf^a
Coriiiuny to H. T. Hubdle, duted the 4th day of Vurch, 1B74,
rifrirdod t^-r; "th duT of ^ncnber, l'vH»^, in V-ook oii of deodc,
Tliotse offere ^u-o all from t}io rocorda of tlie County of
n.-m T^ri-nnT-f'i-nr Pnrcrd?-r*f: o-f*firf!.
iUU Ciiii/ : i ii-vt. uiu^. cujcu at^rt;,
"i<. ETiT.: " n (?vircnc« the docrtsc of the
f'tpf^rior rnnrt o^ flu-* Pity ii-nd floiint" cf ^•^. ^r;rritxo,
J5tat.u of Cv^l-Lioniii-, rocoruoa un junu «^^iu, iuiu, uu 10
o'clock iJJTM nutee A..' . in Hook Uib of deeda, i^^^e 72,
:,7i "■,-. of^->r^ f.f t>i!? bounty Pecorder of "iin rem-.rdino
CoiiiiLy, rtiuUi xy .. cucr . ii>u\.uuo^tii xjl v/i:v j.a*i.tor
of t} of K,T. 1< de( ortii to
''l'--^r;lh\'*« Ot .jrci.erty horrtofore ritodcn by the Oucanon'm
'w 1 ijiy 1,0 *..
-iclo, Lu /i^.i;.-jnc . mux', .wui
('•>
gg < uj
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lamolo, 1*11(1 Kva T, Rundlu, und J^althew Turner - nc -
)fl^ XIATIW: Vrl'.ere was t'lat aaUitb pericixnK;^
m, HABKiiJJ,: in Uio JJm.orior Coui-t of Uie City oixo County
iHJb, recorded Kt-bniury 'ty^Qi, 1>3V9, >:iU A.v. T'.r,ok K - 7 of
(■««dfi, j/ivrw 40 of iho rooordi.. of hht County of liui Bem'j*d*no
HUH*, dood }>oiii' from Ashland U, Tumt»r, Oecr^r,© G. Rundlc,
f!hi»i'lotut '", C u-iJiatUi, hVa 7. J*.mirowB, 'jndividef* on;-,-b/.lf
uuncro, unu atUi«w iunitu", unctxVidec* onu-halj ow.i.r,
i/iur; >v(j offer ?i di?«d rocardeci xn the office, -^f ^i ^^ •^o-mty
?;«>oord«a* of f^^an Pemiirrino County, rtjcordoc. Wuru .r, <>*th,
1. . '), at ii:/l A,?^. Book 267 of ^^eocitj, at j^^ui;© 44, from
Jjjijiitil n, ?''illikon, to Mut1i>>e* Tumwr.
AliiQ u. aubu recurdtKi ;'<»bruar/ ;i>,tn, Jl<.^.; in tiio officu
of Uia County Hooordar of Sttfi Bomiu'dino bounty, in T^ook
iioV of dtiida at pti/^tj 4o, fron Dunioi -^ '?iITikon, to rs^ilurv.
Urn 'iUiTitsr, Uoorj-i!i G. i>iUi(do, GiurioMti .. rhfa^>-:.<ji, u".d
Kvu T, Andrci.'B,
Nov, in rii;-ur' ." '•• • 1«orf;t> T. ^'uvon ^-roparty I t)iink
i hui t)titi.<?r aiioi* you thiu ubatr^jot, to nuvo tiiao, ^no let
you extjn.\no it; and itwre may be, uftci' a fui'thtr exaraxnution
on my piirt ont.- or tv.o oti;i;r daeda in rQlt-.tion to tiiiji i-.undlc
property Uiat X rucy wojrit tu intrHiuoe lator,
rfou, in 1; t do«d from th» r'.icihon^a Corni^un-' to hic)uird
'■'. amdl« thii-i »q Ijt'.ve juct offertsU, tliMre ip. u ao>^iiur
(;;Lj.irtJ8t3ion in r0»j<*rri to tbo a-iiount of wH.ter, Are yea ;iilliiv?:
to Bij^uluuo that Dutt b *8 <«lt>a.}8 baon trt'^Ueri rjci oonKidcred
-I?. CMh.^iV:: >Vi:at lifT- 1-. ifi t,r.iif>
'}(. HA;>rCKLL: L. is th« «;u*io kiry^ of d^od tK:ut I'r. TraU-re'
cli*nt,B in!5iRfc«d imon on* inch tc eif-;^!!, acr^a iuid roti it.
ffii, CHA^^^'AN: I trunk that wub tht; cobo; yon, eir.
Tii, HAJ'Ki-LT,: You i-rtj ..iiiinf^, lo Jio htiuul-ittt?
■Oi. OHAF'A' : ree, :ar.
■"1^ 'MKKfTj',: I think Ui«»t ;«.8 all 1 h^7Q .iast no-^', ijilii
after ^'ou hHV*i oxivMiM^n that uitaMact,
'Si, STr"V]tniii: IVjisi t'lut doori that you reforx'srt t.o thiit VBtted
title in ''r. ^Toil";»n ddtod «%y 9th, l.'<71.
r<»cor(!Hd in ho<)k K. y.t p^'^^f« li'i..''
*'H, ?i '■; : in b'.hij.lf' of th?? r>jcowc?>)r:)>j TTiy^ir/ar^ f^ompijiy, and
t>i*;' Cuoa'^onc"-. Ltinc rnir. rr)-i-^;,ii.tion OoiWiJiny we o''ft;r in ovi-
cjonco •: tioyd fro;;i lBai/.-.a W. Heilr.iin to Um CuCiino.'iJ-u ''in«*
v>ord C(>r»]T>Kny, -Ip.tefi Juno ..to, If^.?', roccrdec Juno y-.vb^
1^9!^, ir ^ooV: ::i.^, of reecij?, pa-e o7' . Anr' (,>'« r*<cow.' of
t?\;..t {'cfcc wiiy btf civniudertjri in iiny rrt<ui'
'1^ rTFi^''A"HS: Tbut ie tho oiiaci thra'j,;^' wnicj' t'ii. ' Ati-; vuvu-.b
to thfti Plei ntiff ti\i> C'.ic»..fr:On, ;u Vinoi'urr; Co^jJi'eny,
Wi*; ul"0 off«r m ovtdonoo! n (.,:rr frct^ Isi-U'.r . '■!;ilinun
to the rur;mon'.-fc. T.Jii'ic -^ic; Ijt >-J.iGi: Lo^it-it'iy, tutv.o Ak-ril
Vi'h, m^r, n-cordod April r-'n^, ]"^f', i'l Fcc-k 2M of dccde,
»?P. fnrAT't'Ar: Vr.{,t li-nr^ .J •-^'ui.'-.r rir ti'orc ct; ds , ur^ uri to
convo}/**^
»T. r';'Fnv:iP: Thlr Iof^ df>Pd furporiR to c«n?oy ;■ trtct of
_8
liffia doBcribod in the Oi.m]«laint, as btJloi¥',irvr to the
CiicwnomT;a Tiind and Irro^Htion Company.
m, CiiAi'MAM: Thfct ie the b'^l ucro i riict?
m. STFV-N'^; I rtully cm*t toil you tue-t. Thtr» tire two
distinct, trncte reprucMntod; ono ovned by t>i^ f!ucu"ionr:u
VAnev«j*G Canjxaiy, rjici t>ie oi:.>}or by the Cuc^mon/fii Liind ux^
Irr i^rt*.tion (lora^/tiny.
W, BKITT: T>5e f)24 acre trftct ic tho Lanci '^nd Trri^ation
Curajxtfiy, on ^ak^i the stater rxaye,
>^i, STK?>liS: How, the o^-her dood in an lo i/he Oiica>ion-a
lir.*yj^iSi\ Cm^tjany; wo mi^;^it bavo tf'o KiiTKi stipul^ition with
r«fGr'>nco to thul rocord boin'^' r<.naid?srftd m «vid<mco and
SS'., STK^%1i?>: V;ill you ad.'Ut tb.at tho Cucanonf^ '•''ineyard
CorRiiuiy, and tha nucit ion^-a Inaici uid Irri^^tion company were
j'otijtJ€.ctJLv«ly cur-orfc.tions at fell the tine.R aji lillc^fed in
tlie coOT'l^ant, ■-.& thorein sot forth. It ik dtjniod fcr 'Hsm^.
of infonriati on.
*iii. Cr{AV:^'.A!i: Th« Jucw.'ion^t Vinoyard Co%)(iny urticlua I htivo
hurt, orgwii zod in 16^5.
?m. JiTl^r^-: I t^unk thid is correct.
lij., CHiU'iAII: I'iO you «etnt the articles to intrviduco'
MJl, n\rn: ^fave ^cA y;ut i.hem hcrt.*'
IQi, C^IA 'Ar: vt),;^ I h&7« a oojjy of tiiaia.
'41x. BiUTT: Let ua b«6 tbiom,
!3U fJTA'^AV: hnl oth r co'n^^aij uic ) ou eoy' The iri-igutin/*:
oo'^itiny^
inu S7nVK5ir>: Uo^d tu^id TDifiation PC'ipany.
940
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jQi. C]^ : Tho «j*ti(:loa I hurifiat you, 'm)v:A .cwd thoB»'
^2^ ^^IfJT/E'in: TTds ia l.he VinMyjjrd Corflpuny.
ii'JU C;./i?iA'(: I Vriias "the incori)ort4t..an of tno Liuiri and
!i^i, BiUTT: That ie 'ill ri^^-.t; ihat tjdniosion B^trau to be
ira.n'ioi'mt, «httt it acini ts ;jic' -shut it failK to deny,
Jfli, .'*!*: in r*iferonoa to "iho roconia that I offered in
ovidoacis tViic raornirv", are Uioy coniiideri-d in t^jid con-
tj£dor<*(' '-A Y*y.'jC: in wid«nc«j.
yh, cm; : Yoe, eii',
-o«
2, T. Wi^-lit, u. witnaett ])ruvif.u8ly Bwom, heiim^ recoiled
by plaintiffa, teBtificd tis followc:
}UU BKITT, ('. Stuttt ifhoU^.ia' you &r» ticquainttio «.th the
ailu&tion hiir oonfinou of t-ho tracts of l<vnd «ftiich aro
<i»3Bcribod in the third iiinendod ooiaolaint of the i.'laintiffa
h«n*e? I for not 8i.ciilcj.iv?; of the plaintiff Old Settlers*
Wiitor Co^^tiny, "but ratlicr of thu two ciKni^unifja, Uie Cuca-
rion^ Vinftyiiird Coraj^any, 'mc' the nucaraoiv^u Land and rriij ra-
tion Coir4p»i.ny, There h«^a btaen eome «if?iGenc« haro ahovvinf*
the bounruirioK und aituation of those i<u*ct>lB of I'lnd.
A, iHn't thht hwo'm u^jon a mt^ \Aiida. min introduced here,
Q, Theru ftau a icciji introc'iC6t; yea; it hua not beon on t}»(j
hai*rd during/; t})c proaent aoaoion. I apk you if you aro
iUjquidnt*;d with tho»e bodiee of luno'^
A, You, air.
Q. !'ou lorif^ have j'ou b««n iicquaintod >vith tJauB*^
A. Pince 1065.
40^
941
0» Th«r« Ib <)Tidenc8 >ioro of a chain of title connecting:
with th« grant of the Ct»c«mon/^tt Kencho jiatent from Uic
Tfnited ^tatoB to the estate of one Topia: I will inquire if
you uj*o acquainted with the situation of the rucanonf»;a
Himcho, the l«a*f?;e hody of land knowi by that nane'
A. Yes, oir.
Q. ?tate whether or not those lanfls of the Cucunon^ Vino-
iird Oonpony and the Cucanonga Lanr* onA rrrifration no!^)any,
roepoctivoly , imd to which your attention nan directed,
corae wit>iin the exterior hounciU'itis of the Cuca'^onfi^. Hanclio?
A, Th«y do.
Q, Now, there is a deacriijtion in the complaint of thess
landfi hy aectione and fractional sections, as if Uiey hud
b«!<>n piirts of th.e public dowidn, and eiirvoyed under authority
of f^oTvress: r*o ytm know how that ht3^)})en8*
A, <lhy the rwioho was evidently subdivided into sections.
0, I thoiv??'t you }uid somot' in^- personally to do with it,
A. W<>11, I did do it over a-'-ain, but not t>io ori/^inal thinf^;
I found t}ie T^ase Line sections were all run throwh the
Hancho \?hon I coi-monced vrorkin^* in l&bH; and there was alto
a section corner, and accej^tcd, by the winery thero, inride
of th« fTont; it was not pe \yy the United States ^urvoy r,
bocioise I riin Uiat into sdctions, but I utilized the Base
Line, vjb it was run, and that one section corner >^ the
winertsy.
Q, State i«4ieth.r or not your subdivision into sections und
fi'';ctional sr^cticns was made to conform wiih the adjacent
liinds outside the frrant, the siarVoys of lands contiguous
to the f-^isait?
XL
94-3
A. Yen, uir; on the aatt ;and 3(>uth it waa all sectionised,
hikI t>iCB« conform to the govemmont aectionti.
n!K COUIff, 0. It conforrjed to the rovomjit-'nl survey'
A. Yob, Bir.
?0l. BRITT, ri. T)o you rnov/ what tho extimt of the ^^nt is
t(marciB tho nortJi thero'^ ^or? far it tixtendn with reference
to the Oncanon-'?:^ Oenyon''
A. Yo«, sir; I kno*. «here it ie on tho f^'ounct, althou^ I
\ucre novor re-run tho th.in/c^; Uie runch lint? a^iows hb you
piiBB it; it crofiHas tho mouth of the cunyon .iust to the
uouth of wluit you would call the Jkjuioa i>lac«, ru'-yx on
tho brow of the Jiill,
TTHi; COURT, 0, T)o you menn tho nouth of the Cwiyon ia on
the grunt?
A, ft is if the raouth of the cunyon ib cloue "^o the Runrioi
house; caiujVT down the bico of the hill you are on
f^averreien-. lajnri; it is within hjilf a ^"ilo of there the
^itnt lino ^-000.
??R. BRITT, C, The water of the streum ie diBcharf?;Gd on to
tlie grant, tho lands of tho Ouciiraonf^ fT^ait, about ho» fur
from the mouth of the cunyon ct the foot of tho mountain'
A* Well, it dwoende a little on what }ou call the mouth of
tlie canyon; it rewlly diachargea on the grant line, at the
MiOut>) of the Gva^mi, it ie practically,
Q« Now, between ihat point, and tho Cucuaon^a Spi'in^^s >iore,
luid the lanclB of the Oucaaonga JjHiid t»nd Trrif?;fi.tion r'omi)any,
ia there any interTeninf»; government lend a, or lenrn v/hich
interco]>t Uie rontinuity of the grant?
A. '"o, air.
X2
94:i
Q, Yuu Bidd you hjid been acqujdnted with uiiOBe l^nde uinco
l^Jft5: In dtiiit cttpixity wer you Uiore fir^t uml dici you
bocom© fic'juiiintod wiUi tiiem orii'inally'
A» In Itibb I bbcijflae quite well acquaintod with thorn, by bo-
seven
in^r one of four that iJurcliuBdd tiaa: thousand acroB
pjirtly in tho ^ant arid j;e4rtly outoide, anci ono htdf of the
watar flowin^'; frora thia l;24 aero truct or the 8ijrin^?;B.
Q. i*'rora tiitit time, Idtib, until those two corporations ro-
coived H dood frora Helltaan, about lfl9b,- I think nnxaf*
XkK - or diiotia frora Hollman about 1895, who w«i8 in pos-
ijofis-ion of t/iis 'oPA ucra tract?
A. Why, Mr, Bu^'-ners was in ftosBOsaion as foreman for I.W.
Hollman, Jolin 0. Downey, !•><, Hellnan, B, Drwyfus, and O.Vi,
diilfia, each owning; a ono-fift)i intoreet,
0, Well, he was there - -
ii. As forotiun for thera,
Q« Did >ie havu any possossion a^^ai't fr<»n his sraploy^es?
A* Not at all, except ats workinr, for those five individuids.
Q, Do you know an;;/t^!inp^ about whtit was done with tiio truct
known as the Cuc:_ , a Vineyard, at that time, cor»nnncing
in IfiBf)^
Aft Mr. Humaos was also there, workirv^;; for four of Uios*
parties; O.W, Clhilde nmvr htud any interest in tbn vineyard;
tlie othor four parties eai:h o\vned a foiu'th inix.rest in the
VkneytiTd at that tiaw
Q. V.>uit use was made of the vineyard tract?
A, Why, there was a vineyard of frora three to four hundred
aores, and they irrigated it frora tbe watar flowin;? fron the
5^ aore tract, and had a winery' tltere that was making wine,
i;^
944
iwid DOfao oihor fruit troes on the place, not ao ▼•ry mwiy,
}mt t>io miiin thin^^ tmi th« yinej^ard.
Q.» During the irrv^utin/y noaaon what do you kno Khoat the
UHC of the) vmtor in li\bi, Bnd tlienctifor. Jtrd iint,il the
jjroaeni. tin», on t^.t) two tracts of lard''
.!« Thay lUiod one iialf of ttie water riainf?: on thut 524 acre
tract to irrigate tlie voneyard, and for alfidfa, and aonie
yoars thoy had none little com, and alao for tht^ fruit
tro«8 tlittt there verc; usxi th«y continued upin/?; it ae faj* aa
I know of, to tiie ])re8ent day, ono-half of idiataver ttriaos
on tiKJ Itmd.
0^ The flour O'jn from Y/hich th&t Ymter rose bore nhat nane''
Any gonoral colloctive neme*
;U Thoy wero known nhen I wont thero ua the OucaEioi^a
r)])rin|t5a, tmti netu*ly • a larp-er portion or laoro,* two thirds
at Iraut, cwae tio^m tiie crock; and the firet year wb -i^ore
there and had un interest in the property, a thirty inch
pipe lino wuu built, in the Pall of 'Bi) or early in •86, to
|^>t the ^mtor out 'ry the 'fountain Tiow ^^otel, to divide it up
butwocn 1*h« tv/o conpaniea.
0, "our, reforenco in made here to the 524 acre tract: State
idiotlior it is the oiine tract n^hich ia narked on thia nu{)
I'idiihit 2, aa 526.97 acroa^
A. I iaoi>ji tht) aawD tract; thoy uaed to call it f)24 aorea
mitil a aurvfjy was n»ri« end it was found to bo h26; that is
tlio BUHO tract I tin reforrin^i; to.
C. That M inch pi^o line haa baon rttte.rrwi to aeroral timoa
in tho coiu-oe of the ovicionco. Will 3'ou point it out on
tiiia ciaj) Plaintiff* a Exhibit 2?
M.
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A, It conneTicttB rif»5ht at the ad«:t» of tbo wash marked here
"tread of %^ indi piue line", tmd nms for about 1000 fact
down to a )joint juet northwest of t^^o ronerroir, und below
tho .*4oimtain View '^otel; the orisrinul contru(?t «ib for 1000
foot of pipe.
0, T» that Uountoin View Hot«l you BiJOuk of, the same
build iiv? Viiat h^sj! bonn refi^rrod to in Bona of tlio oviderrico
a» tiio bricic hotel*?
A, Y«o, air; the. Ba-ie building,
Q, Ho\j, in what ytior was that .■1>0 inch pipe lin« conatructod''
-,. Kithor in tho Fiill of '85, or th© Sana's of *bi), i
oouldn't toll «*iidt.
0, J^tate ihothor or not that pipe line c-mtinuao until tho
preaent riiiy to be a conduit for tho oonveytknce of water U ere""
A. Ye.'?, Bir.
0. W; &t pert of the water of the Cucaionpia Spring! wm in
Uiosa earlier days taken into the ^ inch pipe line'
A. All of Uie Oucamoriga -^prinp^o corainr frora the • wiiat is
known ub the creek water wa« taircen in at once Yjhen it was
built.
0. And w^iat was done with if*
A. T>iero vas a diiision box at U^e end of the ^iO inch pipe
line, aiid it was divided, hiilf ^^oin^; into tho ree-nroir, or
at least turned to the r!uottsu»v^ Vineyard iind Jrr xfi;u\. xon
(Joni^any, and th© other .»ent throu'-h a 22 inch pipe line over
to Follman Avenue, for the benefit of the Cucfixnoncra Fat or
OunfMUl^', una Clase A anci Class B.
Q. ThiiJ ha f that was not token over to Hellmiin Avenue, was
it utilised at once on the conatruction of tho pipe line, or
JUL
946
hiid it been utiliaed before'
A. It hiud beon utilized before and th«y continued utilizinr
it; befor« that pipe line vaa built thare was « wooden
flume, nhat «f5 culled of a temporary nature, that brouj-fit
tliu water out.
0. At th.o time v?hen you first beofime aequaintod with t>e
l«ina tiiore, and the water, state whether irrifi;ation was
practiced, and whether the productc of irriration were
Ui>ptir«nt on the ground? Wnan I apeuk of producte of irrif^u-
tion, I tmnn irrigi-.ttici fruits of vinoe or cropa?
K ^ell, the main irri^R;ation vas the yineyard; there waa
tiuree t,o I'oiu' hundred screB of vineyard which was all irri-
<i;uted entirely; fiiui ofccuroe it produced ^Tapes, and thoy
wore fnanuftictured by the .winery on the p-round there; and
uIho Uie 'Viator was usad as a power, from the rosenroir down
to the '.inery, to run the raacltinery of the winery; unti
tliere ^^tm idfalfa pltaited uhoyu the ^ita^ road, quite a
little bit, for soma yours before the vineyjirri that is t^ ere
now was plf^ntcd.
0. I think it htie already appeared in the evidence that you
lu'c tsn enfiineor by profeeaion, a civil en^rineer and hydraulic:
If it has not so appeiurod I will in(iuir« if theit is so'
A. Yea, eir,
Q« To you knoft' hov/ to ntiamire wator**
A, Yes, sir.
0. Did you have that knowledge m lUi)^
A, YOU, sir.
0. Did you mako any Dsasurcnents of the ([luuntity of wator
diiBchtti-fTod from the Cucwnonga Sprin^oi at that tine in VM:^.^?
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An I don't tiiink bo; I t>iink ray first raeafliirar-^ent was mudc
in m'7 or 18^J6.
0, ^Tate yo\i uny rionor nda #iich rf^.ow the ■BMurenents Bade
tlum, and whore?
A, Ten, sir; I >iavo nomornnria.
(% Well, lot \uj know the yocO* of the n»aBur«n»ntB you made:
I am not roferrinf^ to Uie later raeaBurenente Which nhow <m
Uiie titbiilt.tion.
i\, 1 will i.vtj to rof r to this sheet that I htve in nry hanr'
to refroL'h »Ty r^anory, I couldn't roncmbor it otherwise.
Q, Any Beworijnda you have mwte hy yourself tiiut you know to
Ix! correct^
A. 7^\(i firrt neasurenent I nn^e wae July loth, lf;l'9.
('. W^\ore wufl it '•'Uixie'*
il. |t was a naeaauronent made ut the dlTieion crevk box, ulo ol e
end of the .-iO inch pipe line, which iu a riivinion hox
above the reservoir,
i}m Was that tlie di8tf..nce of a thousimd feet frora the in-
take of the pipe*
A. Yon, «ir,
0, Verj' .t'll, what did you find'
iim I foimd there was 1B4,U' inches then flowim^,
0, That was in the Su»^ner of Ir:- 9?
A, Tiiat was July l;"ith, 18H9,
()• IRiat water did that include, water froa vvJiat sourco'
A. That included simijly all the vuater that we p:at}!ered, at
least that m could gather, frora tlie tiurfttcr, from the crock.
Q, At that tine was there any so-oallod develojed watur
from the tunnel b**
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A, Mot included in thtii ijortion, not inoludetl in that
rjoitaureiont,
Qn liow did 'oJaut quuntiby of mxtor corroBpond wiUi the
ordinwy Burner flow tit tiw.t tin-e, 1 01^:0 other seusonc''
A, I tiiiTil; at avorti^d Lboui the aame; although it waa con-
akioru^bly Icao than itwua mctiBKroci three ycuxn >^oforo by
Ouiftr, uii toBtifioci to by }'r. lynch; ktiC it was coneidor-
fthly lt;j >r th.wi it was tho foUowin;:- yeer its m«a8nr«d by
Oulvur tmd tmyfiolf, but tuke the p<.rio(' of fiyrn or Hix yearB,
iti wufi ubou(/ Uifc tiv<rfif;«, ]jrohii>bly.
-\ y.t that '-ivfio ii'us th?;i*e any othi^r witor bvdiif; coll acted
from tho ruc?anons«;u Sj^rirvta, cjic; usod for irrif^.-ition,
oth'-r Uutn thitt «.'hich you meuaured on July i«5tii?
A. ■^'"OB, isir.
.t 'turn it''
A Thf'ro ;vii3 ti I ixf^e horly of wiit^r collected 'it U:-it tino
ut tho rjiiuth of v;hii.t it; Ctxllod hero tho Y tunnel, and that
wia till aswi, one half for tho vineyard j 'SojjI© and the
IrrjLf^iitiwi Coiapany, and the other htdf for the settlers and
t)}« Cucunonf;u l^anil isrJ 'vTator Conjiany,
Q Tlu) firiit htJLf thttt yo\i -aontionod wus UB«r i^ere? On
Uiose iiindfl timt you huvo }> on do.scribing, tho Oiicii/:onru
Vineytu'd '"otq)ni-\y*ii land, w.\(\ the Ifindf! of tho Cucar.ioTifi;a
L<md iutti xJi'^" ig'it ion Co/npony?
Yon, sir; uno h.df of tho vtutor,
'i ''uvo you BiOiUjiU'»>.r)ta inude ii})out the nwao tino of that
(jUijntity of wtttwr?
uivo tt LiuttBurenont »uucio tho Bura*; (<w. ,
V, »..>«,t was if*
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A 16d,b7,
Ihat wus it'
A 165. {)7 minttrs* inchoa.
Wier« wai that TTjeaBure-ient made''
A Tliat noaBur^Kin^ vac nado at what ie culled on this
aaf), oxliibit 2, sand box, at the head of tJie 16 inch pipo
lino; it included t>ie at^r from tho Y tunnol, and also
fr«ra tho oicnaga that the Y t»innel ilowod thiou^^^; th«re
was an open jointwi pipe that hrou/Tht the water into t>iat
Band box and collectod water alec.
Q State whether or not any of tuie watrr inrolvod m
timoe two r^oaeurwnentB was piiraiied water, or whether ii was
<dl gravity i&uter?
A No, eir; ell fi^runty wator flowinfr from the Y ti.innel,
and trim tvu) creek imd the cione^a.
Wiorft was no pnnj[>»d well boln^'; diBcharced into either
of thoBo pipes #iere t}ie meaoure'^^entB were i?ti>de?
A Ho, 8ir.
Q In 1.}ioi5© days,- I aa speakinrj; of the period fron *Bb
to '89, what did you observe aa to the ?ec;otation Rowing
<m thin crcok, on the f 26,97 acre tract, and I km directing!;
your attention to the channel or wash narked on tlie plain-
tiff's KxJiihit 2, on the east aide of tho red hill,- V ^a
in vfh.ara it is si'uated, i:n*t it on t^is east side of tho
r<id hill'
A Yes, rir.
Q IFell, now I will ask you about tiie mam fes tat ions of
veK«t(il)lc f!;ro^1:,h, t}ie trees and brush, and other j^lant
f^ov.'th, if any?-
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A, For liX)0 feet above the intake to tlxe iSO inch iipe
line it wao filled with uld<»rB und ^owtJi of trooB, wui on
oitht>r Bido, fairly well repreeented on Plaintiff's Eidiibit
Ho, 2, by l<u'p;« wiiito o]Jota intondori to rojjroaent ciene^^aB,
cione^^a raUior, that you couldntt walk over, unleaa by
jiBav'i»'; fron point to uoint, und ev»m tJum it wop >>j rd in
80R0 Of 18 68,
0. At vthat 8ea8on» of the ye«r was tliat bo^
'. At nil seaBone of tb^ -/pjir, BU'-ricr tmd v»intor; more wet
in wintior thou'ti.
0, State #sotb«r you obeerved t>^e nature of the channel of
\A\ii cr«ak, ortendin-'j' >■ from the Cucanon^a Pprin^ to the
nmith of Uia canyon, ut the foot of tJie mountain rvrifrv,,
in ihoRO tiiaoB'
A. I doT>'t know that in any of those years I have followed
it fror the Baae Lino north; I hwi frona the 50 inch jjiiie
line to thy Baijo Line; bn6 1 hvA driven over it, cronsed it
at other tine; I don't thin> I followed the channel
])articul!.rly,
(}, Do you ro or b r durin*^^ t>ie Supiior 8«&8<m how far north
the watnr roBe in tliat chtinnel, or wish, tow<ird the Baae Line
jI, I novcr rneaauBed it but I a}iould RUppoBu from oix to
oarht hundrod feet, poeeibly a thoucsand feot below the
Baae Line, w^iere the firnt \vator hof^tun to ajipeur; between
BIX hundred li^d a thousand feet; it was dry at the Base Line
dT»rinr: the BU"nor Beason always in those year a,
^Cl^, 0!AP?5AIi, . iVhat years were you reforrin;- to**
A. •wron *Hf> to '09 or '90.
tin, BiiITT, 0. Wiat have you obaerved with reference to the
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difichiirpin of wator from t;>ie month of the canyon durinfi;
iJOUBona of freuhot, if unythinfr,^ Beuaons of rtin^'all.
i«»uit qutmtitieB ti?id what hecome of it?
A. I tldnk I hcvo criiy i.i,uo uboiit twu tripe during, tho
vanter uraeo to tiie canyon, or duiing th« timen of hauvy
ruins. At each of thoue times, one was in the 90*8
HoratHviioro, and Um other was two or Uiroe years ago, thero
wtu3 a luTf',© body of water corainf^ from the canyon; I did not
noaRiiro it; simply the velocity was houTy, and it •r.tts
?J) to IK/ f-ot svide - botwetin th«j two- an it sank hefo'^e
it f'lot to the baue line at tbosa two tines I refer to.
(}. Did you observe the nature of tho eiirfuce coil betaken
the nouth of tho Cjtnyon imo the T?af!« Line, just north of
Uie (Jucaj-ionga Sji'rin>'j;fi?
A. ^y, it mm Binrply frp-.-ivelly o])en uoroue ooil, kif debris
from tho mountaino.
'■', Pid you observe .irrything of a debris fan^
A. Oh, yoB, it shows for itself on tho ground, thiat it is
a debris cone, ae you cjidl it, firct foraod in a ^reat many
difforent sraall branches Wiat jwi c«n trace down; soveral
different brioichcs you can call bianchoa of tho Cucuraonga
Canyon waoh you Cfin trace- for nilos.
0, T^urin^; tJie tirao you have known that territory sihich wm
tlie princii>tJl diarmel?
A, Tlie first years vnhen I vrae Wiero, the i;rinciiiul cluuinol
YML8 down •rnthe east chunntil,- comes do*n thi-ouf?^i t>uo crook;
and thon there was ono oet of years betweon 90 and '95, if
I renof:ib«r rii,>}\i, t^iat more water cantf dovin ont« of t>!0
other ch/Annols to the west of the red hills.
JJ3L
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t). How far to the weat of tb« red hill? I woul- raihor you
t»ould not confuae ua h«r« hy uoinf!; the plural; wo are hero
cliiefly concomod with a sinr^o red hill.
i'v, ^oll, these }nirticul r years thia large body of water
ciine (own til on/' the lines probably west of any of the land a
on thiti raaj); it was really weat of the 90 acre Iract oven ;
(uui I Hupt'OBe it ^aa turned there; we were told so; that is
all I i:no*(.
Tills; COUiC:, V, Tiio muin hiil is on the 90 ^icre \.cixt'>
A. Veil, th« eaat edge of the yO ixre t.ract is part of the
'fiain hill.
*{Ii. BRITT, Q, ov; far west of the jO acre tn..ct^
A« Ab. ut a qutirtrr of a mile; the Aaeh aiiowa tliere; it is a
larfo ■aash on the ^ounc! t}iore now, not cultivated even.
Q. L-o you jinow how it Bhifted '? ;-.ck'>
A. I know that it ah if ted V-uck,
Q« Watt that durinja^ the last few ; eara**
/I. It shifted b- ck so that durinr, the last few yeara, during:
the htsavy raina, the water has b«-;un comin-; throu^^i the
oiist channel,
Tn? rOIJKT, 0. Po you mean that it run down that l;u-f?;e wash
west of tiio red hills^
'.. Yee, Bir; for two or three years there,
0, There has been some talk of a ivaah or waterway between
t\iio ru»d hi Is: You don't mean any of it flowed down there'
A* Some of it did, the branch; the main body of water for
t'>fo or three yjars Mat d^ioi so that it did not touch any
of the f\icur?!on^';a Fruit Land Pompany's landa; it touc}it;d Uie
eastern part of tJ^e Ontario landa for two or three year a; I
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c»in*t rewenhor yf^reLt yearB; olonr in the 90*8 Bon^eti^ae,
^1?. WITT, ^, For a miriber of ytnTB L».Bt post, do you know
irhere tlie firinci]>al chtJiinel is situated?
k Yec, Rir; Wie cbuimel comtie down ii^«re it did when I
first \i\<m it, in the eaet chtmnel. I have no doubt duriiv;
lio'jivy etorrac it ^gnan botJ^l ways,
^*"K COUIfr, 0, T'O you knov whether it <J«ra© back to the old
chanriol naturally or Whether it vas aided ttrtificiidly**
A. ^:o, I don't know,
"I?, BKIiT, (\ You Bay there Jiro a nxinhor of channels of
viu'yinjr^ diinenBions on that dobria f>j\ or Cv-no'>
A. T>i«rr' are,
JfH, BKITT: Hould -^ j/reo on t>'0 ^Adnieeion of one of theae
United 'tj-tee rreolof-^ical *'urvey Cuctunionf^ja Ouadr«nflrloB, as
btdn': im approximately correct exhibit of tho to|)OfiT^[)hy of
t>>o nouth of the canyon, and Ihe country 6o\m ao far ub and
bolovj the Bafio Line
m> JOLm^K: I would like to aee it.
^(R. 0^?AP*'A>I: You can use it ao a ditipxorn for n^iateTor it is
worth, I oon't know liow accurate thoy are; I don't sui^pone
t))oy lire oztict, but about m close as Bnythiivc else you
Ctill fiot,
What section does that cover, wlutt ■"ea of l»»nd'
'fH. ^PITT: The sc<do in just about an inch to a mile, al-
rioat exactly an inch to a niile.
A. It covers soiaethin^ ovor a tovnsht>; and a half of lend;
it covors ;n»8t to include all of J!an Antonio r^invon, and
eant to include the Ftiwfinda Canyon; and nost of the mvnnit
of the mountains, end south to as far as rhino.
JiL
954
'Q?. BRIIT: We o^Ter t^e paper in evjidei^co, aa btin^' ttn
ttj)jt»rojac3ately correct dolinoation of V-' topogrej'hy of the
country, in the neighborhood of th« Cucanon/^ Fprin^B, anci
Uie Cuctttwnf^sti wash, the raountuini), focthille und Talloy,
(Admitted in wicotic , niu-ked Plaintiff b* Kodiibit ul),
}ni, PKI1T, <\ ^.«.t do you know ttbont th<J c>aractor of the
raountuin r^Ji^e in r.hich tlus CuciiBOiiga Crock haa ite rie*,
wliether eteop or othorwiia, >iih<»tb«r it io vootf*d or otbor¥(i«o'
A, Woll, it in Tory procipitouR, the Cucjinon/'u Ctinyon iteolf
in, ttnci there is co/apiiratively littlo wood in it; I hwre boon
up s little orar Uj-eo nilee frora Un 'nouth; Uuit Ib th«
furtheat I iiave oyer boon up in tht? cuiyon.
0, Mow, you spoke of the uue of tb< r in ll^yf), and for a
fow yeara aubsequontly! state v^oth.or or not or how lone;
aj'terwjird t>.e wator continued to be used in tlie siuM myf
:-, I coulci not state the ^;xa<!t date of when the water ceased
flowimf: t))ere so us to deprive thwsi from irrigating the Tine-
yerd, but I suptose it was about 1*JOO to 1-.I01, poaeibly 1V02,
tiioy /;;ot 80 short tliey coaldnt irrigate the rineyard any
nore, t^nd then tJicy ceased,
(}, Vvhat i went to know, wiiothor the ^mtor continued lo be
\u!od, ttfl loii': liS there was any water to be used?
ii. Yob, Gir; it was ussd as long as there vwm water in
sufficient qujjitity to use,
(). Do you know by whom it was used lind vhoro?
A. Vliy, it was used by the ^uesnoniB^a Vineyard f'omjjany, and
tlie Cucar3onf;;a Land and in-i.p;ation Coapany after *'ji}, v.hcn
t}i6y or)y;unixed the corporatione; that ie one half of the
water.
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0. I hfiliefo you were concom«d in both tbope co^^aniet at
ono tifflo?
A* No, not ac an oi^Tier; I was a coRiniRf donor that h<*li>ed to
]>iartitin them; afterwarda th«y threw away the partition
aiid orgunisod into a coivoration.
Ou l^iitt did you obaorvc in thosa 6ai*li«:r timea itbout the
continuity of the flow of water in ubout th« quantities you
have describod'' This noajyuursru^nt was made in July: v^tut X
aim to inquire ubout ie ^a^iethcr it r»in lihout the stmo way,
or 'ati6th(5r it coneiderubly diHinisJied ouriwr the renuindor
of the seaoun?
A. I think as a rule thert< was a ■mall j)eroentwo less vater
in Aufoiwt thiun in July; and fron that ti •« on it inoreaeed;
thoro fraa ulwayo more water in Boptornbor than Uiore was in
July, but I think leRs in Au/oict; the balfmco of the year
ofcoirsje Uioro was riore,
0« VAiat do you know about the historj'^ of i*>at has boon d»«
ocriboci bore or called the bif^ well, well >fo, 14, as marked
on Pluinuff'e libdubit !♦
A, W^y tho well voir first borod by oithor H.W, '^towell,
«ictin;': untior orders of tho Cuct»mon^';a Fruit Land Con^any, or
by Uie Cucjifion^^a T?ruit T,and Cor^ituiy direct, and I think it
was stiirted in liOl; it nifr^it have been in 1900; I think I
mm furniuJ-i those dates exactly p^ rh<i.ps; when \it ntnl down
vni struck ^s4iat we call a Tery liurre well; and o\ir tiyrmel was
Borae three hundred feet • I say "our" - I rattan the Oucanonfra
^'Vtiit Lnnd Company's tunnel was sosie three hundred feet below
liitj well; (ovi then we spent a ^eut doid of • oney in the
neiit yuar or year <ar»d a }ialf , tr>inp; to push the lunnel on
^u_
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to the woll; and at the tin« the Fruit Land Coiq>&ny cold out
tlioir inloroBt in the land the>' had not yet r? ; chori the ..ell
jit tho lovel of tho tunnel; t>Hiy had retched tn«j aoII vvith
<ai \ip]>e)r turoiol and hol^jed to eyphon it off, but not
roachvd t):io tvell ^tuolf.
0. Do you know by W'^oia that connection buji aaot Vietwten tho
tirnnel hr\A the voll**
A. t the pi OBont tunnel lovol do you laeiin*
0. Yea, oir?
A, I don't know whoUier it was ih.e Ontario Power Corapuny,
or tho r>4m iuitonio Watt>r Coraj^uny; it vtui nade by one or tho
other ovmora,- the oimors that houpjtii from tho Tuci ur;, u
Fruit Liind CoRtt)ttny •
Q, I WM aakin/c; you about your p«rBon':.l kntwedre on the mibicct
A. No, I don't know,
0, "Ho you kt^ow 'ffhon the iwator was first tekon out of that
woll into tJie tiinnel in considerable volu«o'
A. Well, it t/ttu ^lowinj:^ before the Cucitaon^ Kruit T and
Cwq^ttny told; it was flovrinct; throurfi a tunnel, Uiroufljh a
Byphon, hein^r ayphoned down into t)ie tiinnel, nixd quite a
voluniw /',oinf, in at tliat tirae,
Q, Have you ever obaoi'ved the quimtity of v.utor uhidi MM
riiochuj*;i:ed from that auII into the tuamol, Buy two years
tt^co or four yearB a^?
A, Only frorr the nwattureci nte dovn below at nhut ia ealltd
tho eement box of the T^an Antonio Co^iany; only from maafiur-
iiu^ tl^iero below, viiuch would probably incl\ide other wella
wliich connoctbo before it fot to that point; it ie tl;o bif^
woll of that neijc^iborliood, and flowed raore water to at art
m
9o7
with thta\ tmy of tho other wulle wc hwTo Ymjd bnyt}>in^r to
do with,
Q, ' hii-t ciu ^'uu .'.nun auvjuu u.'.t; MtiUury oi Ut« 80*cullud loth
ntrotjt wcilie of Uio Hwi Antonio Water Cot^jitiny t,o the north
of t>!e BaBe Line?
A, Vi/hy, I only knov tJ-mt tho 16th Street voll, v>ic>i I Uiink
iit woXl No. 1, of Uio Fan i'mtc^nio \l('atur Coiajjunv, tmA the
first one, and that cor^Tatmcod i i.mjiin^r in *V6 I think or
t)u>rauhoutB,
(U Do you BiJQuk of the KaRkoll well?
A, No, t^-e Haflkell well whm some years later; the ''uBkell
Troll co'M<iiiCBd t'Uianin;'- in 1899, arid I think Uio Haskell well
Moa tho next ono t^iat they did cownonco {)un;'iiig; tiiat ie ray
Httnory, hut hb far an koeninr: ciatce, laoBt of i,kioBe t^in/^re
I ]mv<m»L i*ot ajiy catuK, .xcupi, just gonerfJ. renembrtiiict;
to th(HB
(), V}:at die you notice if iaiyt'imr ub lo the diBbj^iJearanc©
of water in the Cucaraon^'ia iprin^-a, on tiv : :..rt. aide of tiie
r«Ki idll, ouhbeLjUontly to the optfratione of tho San Antonio
Wutnr rowRiany in the ITiiukell well, ariH ot^^er woIIb north
of Uio iji*6e Lino?
A. Wiy, tho water in the Cuca^ion^a Sprim^B fell quite rapidly
after iHS/v, as sKiovm by varioun neosurerromtB.
Q. Any of Uiorr. nsune by youraolf?
A, Yes, Bir; a pro'^t mnny of th«ri nade by ogytcif , and boom
b} oUierB that I have *5ot en t>;i8 dia^raia,
Q» In dopundontly of Uiose auaBurtcMntB that you haTo of the
flow of wator, what did you noi-ico ub to the but face indica-
tione on tlie ground, in the eraok, and m tho cienegai, und
J£L
95,
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•^UJifit l.'inc!, on ohia iur;:*? tract of &i26,97 ucres''
.rU l^hy Uiey b^^'-sri to dr,' ui), be.-'-an to dr.- out, tffid now the)''
4U u ail dry «it.'i3uj.uut?x^ i i L,.;anA oiiLi -J ij; :u cionogttn - >^e.ll
no ciontMrwj on tho property; th«;re it. Bin^lv r . - l<iiid
dtr.Ti in tihe ^^o*-; en of "':>iv cr«ck, on t>:> rir»), +^*e
];i'ut.-<3j:it.. i(i*,i-.■^i .:.ij(.ii; u.xU ...-.ta-u j.;. i.v c:i."JUw^*i*. lu lu'-j r.i» kl., of
irhtiro i(}i« liuv^t cioneruc aj-e sho.in on that imp; tnoy ririftd
u|> fn-»duti.lly; I t'^ink \h\m were all dried four "ouro ti'O,
iiv i .-Vc v'jfca'ii tt*sO i/Ui"tU4^u,
. You hjiV« )\i:o ftorstitnin^c to do wi^ ni.'. tract ion, I
t>Lin,r. of T«!ut xa cflled i,lio Y tunnel"
nm \hi\ linoB; r. LyncV; *a6 the ro.'. of t}!u corii'tuny »kt
t><at tine, ^tk ^a.;.n on the cTounr. fdl uhe '.^ino,
A, It i«us not oniarred; it w&is doop&ned in IvOO, .iunt uftor
■w*'at -.'UR c;'ll<!d tbo T'acKrierr.cn l;,WHuit; it v.-a? ccc/ncd, :^2d
tiie Ui)j.{;r piU"!* oi it co^.ynou tua jlv.;i., u;-iio ii un :, i. ;
iSTude, imo thorti^ was tw rift«^en inch wolle boi i«i oo^n to-c-
i-Vlri.- liVo 'OO ffV't ;,t, U-.P CT-.H cf t>c Y tuTirr-l in \>t: voar
ivuu.
Q. Ttmt i« Tidifjn the tvHi ^koIIb were bored?
A, Ye8, Bir; at the i.;.yCi and of the Y tunr\«l,
A, I t>)i7iK tj.<j sec^jnr yuai tney w»rc ; lituie; out-
»i:;(ie of Uuit tirtio thoy *or»3 nov<ir; m fact they flowed a
fCJ'oat dttitl of fcutor, itiid iTicrtj&Bod the nut'^r in t>"'f;t Y rimTcl
2li
1^.
tliut so&aon materially.
0. Vftien wiis tho Y tuyinol fir at conetructod'^
Am In lia.'^C and fininhed in l-h?, and tlocpGned in 1900,
■':. Ycu nny xkw i'lo^v of ..ii"L'wr .. :; :.)■ ...v . .t nattriiiiiy in-
ci'naaod at, the tine it was decpenod**
jv, Yefi, sir,
^, Buit "bectMuie of inn wjttor finuiiy -^n *';£. Y uunn'.'l''
ii. I Uiiiu, Tor about two yoai'a, it eritiroly dinajijieari-^d,
Rton::ori rio.'?in'- out frori th«^ t'.mrcl ita-.uf , and t^o -.vrllB
CiJikUcd uo r^ixje ^.M^cr lij.,,;,; ;,nau^';ii uo fiou out. Qi ;./;:; "lunriel.
C, I uupnoott tboBtt «&ilB vvoro ofooursrt boroij wells''
A, '11*0"'' woro borod v(;ilE f/cne fxvi ^unf'r'jri fr.tyt den from
tllft eijr'face.
0. Wcro th«y csieed''*
A« fj Rod ^.-Ith '^nd 1.*^ innV) f>ir)G tmd r. it. u" t^"e v.atf.r ctrata,
V. i^o you ♦r»iii. .jiyUvX"iif:. lUouw i./iut ic Ci..iiv^o v.ts C-unu
*-t«!rdfTi on t?!at trac!. of Ismd'*
A. Onna UaJ*den Spr'np^B wo unt-d uo know it t-.e, v^ifi, oir,
Q. fJud- »ort of i-oTir wub tlif^t**
ji» Wtsli, the cirne-^tiX tv^is &omv; fxve or nix u.crob that water
f).ov^fft fro"i; 1> fit MiO r».llo(i *.Vn Thinfi f'arr«"fr (i^rtn before I
Mm.h '..Uciu, huCtiiiFO one i^ir'.o bono CI irtcPtin r'-iBoo v^jf^etableB
IvjIov it; and it wot* always »« wator producer, up to «bcfut
liiOV or IVOO, tTid t?*:n iU b€fvj;n t.o friv« o'lt; i^ -d^-^^t
likve been fr.iliar? nocio before u.ui., ev«in.
Q, Tlwit beci^io of that tiTact oi* Ifjid »o far U8 JLtn muitture
id cor»<?; r^Mjd**
:'. Ihy-i'v uijspiy c;ri(;a up; i UunK it ^k nov. all in rultiva-
ti'jn; I know Lhore is no oi on^gu Iho/e,
its)
9«
J!
Q, Was that wut^^r ueed on the land a of tho ruc&'-;onfi^a V^ine-
yard nonpniiy, ttml the Ouciinorvra T.jmd and Trririttion Oorari&ny
for siny purjWB^B othor t^^an irriiP;ation, at tJie lime ^rour
firet tut! qurvJLni. line o ^sith it hufmn in VMii')'>
A. ^y, I prftoiinin thtit m.n h imply used for -
0. I thoufrilst 3'ou lived th.f^rn in t'ft neip-hbor^ ood '"d
knew «ibout it.
1.. It waa Jill U8ed for irri^ration, «:xoeii)t w5mt «&0 uaad for
running Uio winery, hdu poertihiy domoatic for a few ])»or)l«
on tho i*«no>i,
)« Was Uuitro any us« m?ide of it for dofleatic i>urj[/oeee?
A. T«B, »ir.
0, Wero pttOjde liviiVT there'*
j'„ -^oth by the oriff-inul p«o de, arid f*lBO tJie i-florle thict
lived at the brick bot«l, and tiiat lived m-f^x tho wmoj^;
whf^xover i-ooplfe livftd un the ranchj that is ull; that is all
that wup tinad for doK»8tic jAirposftR; out of the Vinoy.ird
{)o%any*B hiJ.f i mBim,
i\ T>mt is #Hit I v/ant to kno7», whoUn^r 'chia particjilia* vator
was employed for doacstic useo, aB vk;11 ;4i for iri'if^ation
on thoR» Ijmda*
A. vofi, ar; it aupjjliud do?n«»«tic unop for j>«oul» livin/r on
that I'anch,
0, Aivd i»er«; !^ollraan .incl }iis aaeociateB carrying on t>h«
buiiinoBB of fai'im^ on t}i08« tract* of land?
A. yea, air; ihey raiaed eone /^ain, if that ia T«hat you
noiin on the hall that wort not too wi)t to raiae frain on,
that wan not too rauch cionofra; and ofcourao th«y fai-nod a
cortain wmount of alfalfa t^>at th«y irrip-ated, and th»y naed
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it on t^ft vineyard.
Q, Yoiu' lurw?iiaf';c convoyc tho idea t«ht<.t you do not coneiclor
fruit ^rowing famiin^.;,- that it is linitefi cni.iroly to
ndciTunr ffT'iJn. I rionH know 'wlioU^er th-tt jib your 7.. . o:f
it tstrictiy.
(\ I ^;r.ve flreariy t-t.-itoff that they UBcd it on tho four hun-
(Irnd v;r-rt{i of v-nuysird ..jiu brvocted the vinuytird .
'^. T}ittr« wag f^on^i otb'»r famin"- was there not, frtiit troos?
. Thoy };•',(• L-t)'-i:> fr>.iir. tr»j(?LJ, or Ji"^ nnd lo;-j.ir treaB, n-.iite
<'i») or!Jn;-7.: oroi.rjrc .- re unc ira v.inen:y; and alfto lui ir-e or
tv;o of vaj.nivi ^T'on,
0, Did thuy in'ip5at2 a'iy rJ'-in f.r ;.rv norn'
/U Th'jy irrirrated coiti; I noT;*i. viunic "Uiuy u'fft.r irri.-uted
f'ruin; I ar! not pure 'hut I don't think no,
n, ^lucrc. v/o\!lr thf? c-'.m '^ov;?
.>, It yo'jlr ^-Tcv.' ncith of the '\j\ ;'t>j*ncirdinv) rotiri uk\ ».'0ot»
of Ucllr:ifccn Avijnuo,
'1^ pr^^.^^.M, ^^ *TC ;'or, '^ot, ro>r->r!riod T^U.h t^i:-; f^irr.noTv^a
Fi-Uit hand (,'orr.aT\\ nov'?
j\. "hy I ftjifion I fid; t' f:y are ahoolutBly out of exister.co,
tm fiir ;.:* r-..n:n:- jnv rnoorty,
'^a n<ji you ; roci^c; *Jki } ook of >axn;te£i of tb« corporation,
tht) Cucj-;;.noTj^^u "cruit Lnnd '^on iiny, .srd Imvo thw. >iore in
Oonrt**
j\, I ciM r>; to A.K. v:\intf >?y*i^ cffco; I thirk AnfVew iu)BC
in Bocratory, wwi< elt-cted lust Tprin^;,- h«o a ouowir^', tiie
first vir'H- Ir ft'i.r ^nr '*';rfi •> r ,ir? . ; ir T r ^^ . .nk tli^-ii C '' V>ir};
I don'tknov vhy '^;,Hy aiioUi.{;r:*t corje,
0. ,\re you oonrjoctwd with the Cuciimom'-u ^nnd w>d Irri^ration
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Jil ^
A. Mot at all.
0. 1^0 has chauTf^o of those?
i\, Willie CiuidB is secretary of that coiporution.
'\ I wish yuu v/ould 8«^ if you cm gi^t tiiora, becautje if
you caiuiot w« will navt- >.u take the depositions of wiose
T)«irlie«.
A. I thixik I ctoi got the Fruit Land Conji.any'e books.
-0-
TTero the Tourt, takes a recoss Tmtii Tuesday, Juniutry
aist, VJGb, al oluvon o'clock A,H,
-0-
Defendant.
IN TH E
Superior^ Court
OF THE
County of San Bernardino
State of California
CUcaraonga. Vineyard . C.Qmpsji.y . . et . . al . ,
Plaintiff-
vs.
San Antonio Watei' Company,
Defendant ..
Vol. XI
Cbusins, C. Q.
Haven George D.
Wri^!t, E. T.
INDEX .
965 964
979 962
987 1025
I. BENJAMIN, Official Reporter
Tuesday, January 21, 1908.
Eleventh Day,
S. G. nOiy^TN^
S, G. OOU-r F^, heretofore sworn and exaridned, being
re 'tailed by Intcrvonors, testified as follows:
Direct Exsinination,
.¥t. Haskell: n. j,(y unonrsta-ding is that the evidence
here — it is an equity eaae — &ni it is to be considered
in for .11 parties for what it is .vorth. Mr. TouspTa, you
recollect being on t>B stand hero at the foraer '.rial of
th.is case in which ycu testified as to surface elevations
of the ground at tlie Sixteenth Street wells, the Rubio
well, and other wells north of the :7cd Mill?
A Yes, sir.
0. Now I will ask you if you ran any linoa of elevations
frorn tae linos which jou here tof ore testified to to a point
whor-c the waterfirst begins to rise in Hue anon, -a S^rin^.'s.
A. Yes, sir.
0. Did you find Wfiat the elpvation of the water was at the
fMcamon/^a Sprin^rs ^h^re it rises?
A, Yes, sir.
0. You Liay give us that elevation and the date of taking
it.
A. On April 10, 1906, the elevation of the scf;paf^ water, ae
I call it,—
^, Of the riuc.'ii.cnga Springs?
A. Of the Hucaiiion^^ Springs, on the east side, or in t}»
C?ucanDn/;a Treek as it has be n shown on the map there, —
was 153?. foft above sea level.
0. Tn'it is, on t.ho east side of the Rod Hill?
" Yes, sir.
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0. And the laoat northerly ^oint wnere you found rising
water''
A. Yea , sir,
Q. Tliat water in its oourse south, it would f^t into ihe
wattir ByS'^era of the Cucai:ioni^ v-'atx^r Company, wouldn't it?
A. Into the Old Settler's and Vineyard Oompany's ..ater
■ybterr!,
0, No*- did you run a si; ilar lino c£ elevation ODn"eoting
with the Sixte;enth Street wells or m of those wells of which
you have testified in remrd to the elevation of, to well
no. 14 at the herd of the 1?ady tu; moI?
A Yes, sir.
0. Whtt did you find that elevation to be, stating the point
of riB asurerient?
A. At well no. 14 on Ai^ril 10, 1906, I found thf'. elevation
of water to be 1295.94 feet.
Q. That is, thewaterin ttie bottom of th«well?
A. In the hot*, an of the shaft as it caiies from the well,
Q. Do you know whether tl-iat is at the level of the tui el
or not at tiiat date?
A. Triat is practic lly tho tunnel level.
0. How much lower would the attr at ttiut point be than the
rising wat er in the Huca-nom^a Sprin/rs?
\, It would bo ,58.06 fct lover.
dross Examination.
Mr. Chapr-an: 0. What time did you rso/ you took that ele-
vation at nucamon^^ti Sprin/-;8?
A That was on A];ril 10, 1906.
^. Now doesn't 'iie water appear on the eurfaoe of (^icai^ionra.
Sprin^',8 at dif 'erert points in dif eront years and in
differo t Bcaaons of thfi aame year?
*. I pre8U/;« it does 8ori;ewhat,
Q, Did you take the elevations of Hucanonf'a Sj.ringB at the
point they first appear at ai\y other tine in 1906? Later in
the season tli&n April 4?
A. No, sir; I ran the levels, of course, on April 10, hut
that wab uiy date of observation of all the wells, and that
too. But it was on a lat r date when I ran the lerel
0. W>iat date vcuz it that you ran the level?
A I don't rc.iember; it wat, in July soi.io time,
0. Winat was the object of ruiini^ levels in July?
A. Because I cculdn't do it all on the same clay.
Q. You could do it in less than four months, couldn't you,
or three months?
A, I prosujie I could, if I [rpt at it.
The Court: o. Was it in 1906 or '7 that you ran these
levels?
A. 1906.
Mr. Chaprran: And at that time, on April 10, the elevation
at Vrie point where the OuGarr.onga Si.rin/':8 aj^ eared was 1332.
feet? \
*. Yea, Bir.
0. What was the cliaracter of the season of 1905-6 for rain-
fall?
A. I think there was considerable rain if I remerdaer
ri^ht.
Q. Did you take the levol at 'he point whero the .ators first
appeared on thoa\irfa:;e of the ^?;round at '\ioamonra Spring*
at any ot' er time during that year? A. No, sir.
0. Did you in 1905?
A No, air.
Q . In 1^07?
A Yes, bir.
Q. W}iat time?
A. Ori Eay 10, 1907.
Q. T at was another Beaton of considerable rainfall, lasn't
it?— 1906-' 7?
A^ I think it vas; yos, sir.
0. What was the elt;vation on May 10, 1907?
K. 1358.9 fpot.
0, At the tiae yon ti ok the levol of the Fonrte^jnth Street
well aid I understand you to Bay that that elevation was
thu level of the water in the well?
A. Well No. 14?
0. Yes, Bir. On April 10, 1908, Wasn't it?
'V. Yea, air.
lilr, Britt: Did you iiiean the Fourteenth Street well?
0. No; ^cll No. l4. If I said Fourteenth Street I didn't
me:m it. It is ttewoll at the head of tho Fady tunnel.
A. Yeci, [iir.
Q. And lKl elevation waa 1293.94 at tnr't tirae?
A. Yes, Bir,
Q. Well, that elevation was to thf; surfm^e of thR water in
the well?
A. Yea, sir; as it iesued from the well. It is the surface
of the water in thf? shaft.
n. As it issued from the well?
A. Yes, sir.
0. And that was how far from thoaurf aoe of the pround?
curbing
A. It was 113 feet below the top cf the xsxlbuES of the shaft.
0. rdd you take the sarrte level of that well at any other
time that season of 1906, or the elevation of it?
A. I observed it on December 25rd , 1906, thqt it was just
in the scm* condition,
0. And the elevation the Barae?
A. The elevation ''rom the top of the curbing would be the
aame , and the olevation of the v7-,ter v/ould be the S'^ub,
n. Had you ever taJcen the elmration of the Trator in ths
•haft or Will before thqfc tir©?
^, No, sir.
0, Can you define or describe to us aocurt^tely at what point
on the laid it was thst you took the level or elevation in
Cucanion^';a Sprinf^s on Atril 10, 1906?
A. No, sir; I can't rleacribe that accurately,
0. Could vou point out the exact spot on this map where
the nucamonga Springs ap>ear on tb' surface of the land
at that time?
A, No, sir,
0, How long hiNe you known the Oucai-ion^a Spriri^-'-jS?
A, About six years now,
0. Ha.ve you ev^^■r been there at the tiite the waters if those
spring first apparcri on the surface of the f^"Ound furtlier
■outh from the point irtierr you took th elevation?
A, I don't inderstaJxJ your question,
0. Well, you know v/hat the direction of the flow of Oucamonga
Creek is? A. Yes, sir.
Q. 'Vhat is it? A In that vicinity it is in a general kmj south-:
aaster ly direction. |
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0, At the time you took this elevation ycu say you took
it at the y/oint v'aero the spring did t en first a}/f8ar on the
fturface of the ground?
A. Yes, 8ir,
0, ^re you ever at t- at place at a timo when the watera
of Hiicamonga Creek first rose on the surface further outh
th/m iitiQ point at which you took this elevation?
A . I don • t re tmber .
0, Do you knew about wiat the grade of the cou' try at this
place where the Bikings rose on the 10th of A ril, 1906, is?
A. No, sir; I have no firjires on t^at,
^. %en you took these elevations didn't you discover about
wb-at the inclination of the land was and about what the
grade per mile is?
A. No, sir; I haci no occasion for t' at. Roughly sneaking,
I should say it was soujewh res about five or six feot to
a hundred feet. But that is rouf^ily s> caking.
Q. The Sixteenth Street wells, did you take the elevations
of them?
A, Yes, sir.
0. About wl-at was the elevation?
A, I presuinc that is Wells nos. 1, 2, 6, 4 and 5?
0. Yes, sir.
Mr. Britt: Vo object to t'at in cross exanination. It
may be proper evidence. I don't know 'vhat T.he infonation
of the /.itness is on the sul jtx;t.
}fT, Haskell: The witness 'nas alroaxiy testified as to the
elevation of those wells on his former examiration.
The '^ourt: The objection is overruled.
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Q. You say you did take the elevation?
A. Yo3, ,sir.
0.
Q. When?
A. I ran I'v. levels of those wells in July.
0. W ;at year? A, 1906.
0. ¥nat was the elevation of those wells at the tiiue you
made the obscrtation?
A, On May 10, 1907-- I will hanre to correct ray l-jst answer.
0. ^fell, correct it.
A. On th-e Ruhio well, one of the Sixteenth Street wells,
I took the l&vol of that in July, 1906.
^. The depth of the well?
A. I took the elevation of it. But ',he balance of the Six-
teenth Street v/ells I took the levels and the elevation of
the curbing on ilay 11, 1907,
0. kid Wi^^t ¥/as the elevation?
A. The elevation of well no. 1 at the top of the curbing
was 1492.43 feet.
0. Ho'ii was it With the Ruhio woll?
A. The elevation of the Rubio well at the top of the curb-
ing was 1460.61 feet.
Q. 'Shich is the most easterly of the Sixteenth Stretjt wells?
A, The Rubio well, unless you consider the Haskell well a
Sixteenth Streot 'well,
Q . W>iat did you say the elevation was?
A. 1460.61.
n. Was that the surface of ho ground?
A. No, sir; the top of '>hr curbing. Tho top of thf^ shaft
curbing.
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Q. iM that on tho level of he fround or aJrove it or below
it?
K. Some instances it, is nearly the sane and sor.ie it isn't,
0, lell, in tho Ruhio well, is that true, th-.t in some
instances it is ard in sohk! instances it is not, or oea
it reijain at ono fixed placed
A. At thf Rubio w«ll tho top of the curbing is at the level
of the ground as it wasj made there,
0. Is t lat above or below the /rencral level of tbs ^f^round?
A, I think that is bolow.
0. About how far below?
A. I couldn't say, because it is in tne back of ihe hill—
a nctch out in the back of the hill,
0, Could you approximate and tell us whether it is one
foot or sixty?
A. I should say possibly it is ten fo<;t below tho brow of
the hill or bonch just beyond it,
0. To the top of tho curb?
A. Y(^8, sir.
0. Have rou taken thr. elevations of any of those points
Bi>ce the adjournment of 1.h'. court last 8U^Tller — on May 24—
or the adjoumnent of this trial?
A . I don't think I aid.
Ifir, Britt: 0, The Haskell m\\ is further east than
the Ruhio woll, isn't it?
A, Yes, sir.
Q. fhen you si eak of the elevations of the wolls you in
« ach instance mean the elevation of the airbing— that is,
tho Sixteenth Street wells?
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A, Yes, air; the elevation of the top of the curbing.
That is how I hcore sijscified. it.
The ''ourt: 0. F-^at do you take as the hasis of the eleva-
tions?
A. Up in the upper ri/:hthand comer of that map there is a
station on Base tine marked there as "Gas pipe", and from
one of f r. Wri^ii.t»s ueLpa I took that as so ir&ry feet above
sea level, Tliat is assumed as boinc correct as a bench mark,
Ml^ RRITT:
Q. Did you ascertain tho distances between the various
appearances of water in the Creek or wmt has been called
the Cucaiflonga S}.rini^s he'e, and well No. 14?
A, The distance between them?
0. Yes, sir.
A, No, sir.
The Hourt: 0. Can you give it approximately?
k. About a half a mile I should say,
Mr. Ghiaptan: 0, Did you take the < levation of the Haakoll
well?
A . One of the ra,
n. How mary of them are there, — of the tlaskell vrells?
K, Two that I know of.
Q. How far apart are they? A. Probably about 200 feet,
^, And you aay you took the elevation of one*. Which was it?
A, The soutboriimost one.
0. And v/'mtwas tho elevation?
A. The elevation at the top of tht curbing was 1461.86 feet.
0. Was tho top cf the curbing thfjre above or below the
surface of the »«jround?
A. I think it is just about tht surface of the ground.
0« Wlien was t'-at elevation taken?
A. I ran thoao levols about -he sanie tiiiie that I did the
re at, in July, 1906.
Mr. Haskell: We of Ter in evidence a doed of the Pucaraonga
Company, a corporation, with its principal place of husiiiess
in tl^ oity and county of San Francisco , to E. T. li-irht,
J. C. Lynch and .'*.. L. Wicks, dated the 5th day cf Jamary,
13(36, recorded in the office of the bounty Recorder of San
9 Bernardino cou ty on the 18th day of January, ll^'-<6, at two
Lo P. M., in Book 44 of BeedL, at paf^ 169.
Li The Hourt: Wimt does it purport to convey?
[2 Mr Haskell: That purports to convey to the grantee land
water water ri^'iita ditches flumes ad all other property
in the nucruaon^Ta Radio and in and to all the jaroperty of
every kind of party of the first part in the counties of Loa
An^^eles and San t^ernardino, State of 'California, including
the property now held in trust for tho stockholders of this
i,s company by John Lynch, John Archibald and P. Marsicano and
19 M, Turner, said property being now assigr^ed and tra' aferred
?o by th(; corporation of this conj)any of the at ockholders
21 holding a riajcrity of the stock of the' cof..pany under and by
22 Tirtue of an a;?7*oement enter (id into by all the stockholders
of stock individually for the control sale conveyance of
24 aaid interests by a niajority in interest in said properties,
25 and said stock, prov dcd however the west 6,200 acres more
26 or less of said land are contracted to be sold t-o Oeorpp
and William (Ihaffey by parties of the first part and said
28 part of saici lend is hereby sold and conveyed subject to
29 said contract on which a bal -nco of $35,400 is still due and
unpaid, which contract with all noneya due a-d to /^jrow due
thereuridfiir and all rif';hta therounoor are hereby sold ad
transferred to aaid partie^^ of the second part, natiely, to
said i'. T. Wr ^^t, J. C. Lynch ana '', L. Wickfi Provided how-
ever tho amounts due to this ccrapany on co'itracts for the
•ale of lain a and wate by the settlers or others for lands
east of the vineyard known as the f\icajiion/^a Vineyard and
all the aioDunta heretofore collected ana all cash on hand from
whatever aourco deri ved are hereby excoptod from this sale
and reserved to the stookholdera and ihe party of the first
part.
Tlie Oourt: Thit was from the Oucaiaons:^ Company?
Mr, Haskell: Yea; from the Hucariionf^a Oompany to Wrir:ht,
Lyndh and Wicks.
The ^ourt: Do you und^'rstand hat that purports to be all
tho proierty re. aining in the nucamonra Hompary at that time?
Mr. Haskell: At that tiiof).
Here the Hourt takes a receaa until two o'clock,
AFTFJRNOON SESf^IOM:-
Mr. Haskell. Before the noon receas we offered in evidence
a deod from the Oucanaon'^ doinpany a corporation to f , T, Wrir^t,
J, n. Lynch and V. I, \'fick8. Will yen consider th/at aa read? ;
Bie OoTirt: If I rojuenJor rifht, at the former se aion it
was stipulriteri tliat all these e hi! its mif^it be doura^d read,
arid ainply to read bug h portions we mi^it desir. .
Mr. Britt: There ia another matter tKat ou^it to be mention-
ed and understood explicitly, and th^t is relative to the
teatiraony introduced on behalf of Inttrvenors and on behalf {
of plaintiff a respectively. We are making virtually a cotoion
i
oauae hure, and our understanding ie or, at leaBt, we desire
to iiave it una er stood that the toatiiaony introduced on bo-
half of Intervenor snail be decn»d as introduced on behalf of
plaintiffs unle: s ii is utherwisc expressed, «nd thit the
tostiiaony introduceo on behalf of plaintiffs is to be deesifid
Introriuc'id on behalf of Intervcnora unless other xse sifjii-
fied.
T'le ^ourt: In other words, the ovidence is dfjomed to be
applicable to all tho iscues iinlees othenrise specified.
Ur Britt; Ygb, air,
Ur, Haskell: We agree to tiiat.
Kr. nhitp:^a.n: I don't understand how any part of it can be
considerod in a' d not in.
Mr. Britt: An occaiiion mi^ht arise whore the intervener
it raaking corimon cciuse a/uinst bo^h plaintiff ar'd dt-f eroant,
in which the partios would be ory much euibar-raaeed to know
that tlie testimony cocaing in for the intervener or an ad-
versary is to bo rervarded as his or its testimony. But
that ie purely an acadMaic quRation.
Mr. Chaprian: If the intervener 'a tostinony is not part of the
case a/jainat dcf«ncant thf; intervenor ouftht not to intro-
duce it. Suj ] oge on the concluaion of the ovidefioe here on
behalf of plaintiff and the intervenor we should desire to
takn some action with reference to disposinr of this case
th«rf5. It would harc^ly bo expected t^r,!. ym could fro throuf^h
thoae voluI.^es of teatir.ony to see when counsel say "that
is not my evidence* and when thfy say "that is my evidence."
on
If the cviden-^r la in hen acxct tho case made a-Tainat ihn
defendant we iruaf^iue t tut it ia in here for all .!i. ]:ia\oat.a
that it can affect.
The ""ourt: I believe the 8tii;ulation ia broad enou^ to
obviate th&t difficulty.
Mr. Britt: There are one or two instances where we haare
expressed a dissent to some part of the evidenc introduced
by intervenora, and not more than two occaaiona. W •
have specified that, aone par-ticwlar mati.era of evidence in-
troduced by intervener referred to thCff.Belves and t' at wo
did not care to admit eatablisnod or to have considered aa
established on the part of plaintiffs. But it was of not
much consequence when it csine in and there is very litLlts
of it.
}lr. Gre,^' •:: And I suposie farther Chat this evidence that is
in is dowDod in only ao far aa it is relevant, to the isauea
made by the respective partiea.
The '^our t: When it canes to the defendant putting in
its case they raii5ht introduce eviaence material aic relevant
to plaintiffs' fjaae and not to Intervenora',
Mr. Greg^i;: The issues are somewhat dif ferejit and the evi-
dence would only be considered aa far aa it is relevant to
the isiiues made by the respective parties.
Mr. Ohapiiian: Tliat would follow as a matter of course. We
can understand how sonie evidence introduced by plaintiff or
intervenor mi.-ht not hawe any effect on the other because
tho other mirht not be r lated to that fact. Bu^ in so far
as the evidence upon tho diaracter of this country ia con-
cerned, and the boring of these wells ard tho sinking
of tho tunnels and the drying up of Oucawonga Springs, I
supposed they were all coming in as part of tho record on
behalf of both of tliem.
Ht, Gregg
: But there ie no issue aa to the tunnel "by one
of tlienu
The Hovirt: Technically speaking, the proper raethod would be
for plaintiff to put in his oaee and thun the intervener his
case. But T au :pose as a rna^-ter of cor.vonionce they are put-
ting it in in this iranner. It seoms to rne under tho sbateuxnti
oukdo by counsel there cannot be any ombarraasment about it.
Mr. Haskeli: We aeaire to offeer in evidence a deed to the
east half of the east half of I'l. northeast quarter of sec-
tion 11, toTunship 1 south, range 7 west, S, B. M., contain-
in^5 40 acres, tOj^,GthfT with four inches of water flowing
from Uie '^; caiiion^ Springs, under a four-inch pressure, to
be delivered in iron pipes at tho northeast corner of said
section 11. The deed is from !'^, L. Wicks, U, ^, Hod^ina, E,
T. Wri^t anc J. C. Lync to George D. Havens. Wr offer it
as recorded in the office of the county recorder of San Ber-
nardino comity, in Book 44 of Dcod&, page 166. The deed is
dated January 22, 1 86, and recordud on January 25, 1866,
at 10^30 A, U. Now, Mr, Ghapraan, this de.^d covers four
ind:if;8 oi a water rirdht . As to whether or not that 40 acres
of land described in this deed is part of the Rancho nucaaonga
I don't know.
Mr. dhitpriian: You have given tho dusci iption, hairen't you?
Tho east half of section 11?
Mr« Haskell: Tho east half of t.he eaat iialf—
The Hourt: T don't renjenber anv thing tliat you have offered
80 far deraigning title frorxi M. . Hod^ins.
Mr. Haake :li: Tho deed I offered before dinner was showing
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that the title was in Wicki, fri iit and Lynch. Hod,«.:kin8 is
simply a su^orfluouo party joini- g in Lh<: dotd,
Ife havu set out in our conplaint that wo are Uie or-neri
of tho east half of "iit eant half of the northeast quarter
of oecticn 11, township 1 80'5t.>i, ranf!;a 7 iwat, '^, P. v.
Mr, Ohap fin: tad your allef^tion ir> thn cast half of the
northaafit quan.or?
Mr, HaBkell. ^r. Haven owna threo or four hundred acrea..
but we hfiBra only aliegtd that he owns BO.
Ur* Chapran: That is, the east half of thu eav>t liulf of i-he
north fiaat quarter?
iir, MaBkell: YtiB; will you stipulate tht.t he is the owner
without iOing i to the title? The 40 in i^hifi uc u is Uie 40
which WD ■doacribe in the coi?iplaint,
i.ir, Ohfi,p:.a.n: How do you doacribo t at in Uie deed a lain? The
east half of wnat?
Mr. Haskell: In the deed itself?
Hr. Ohaproan: Yos.
Mr. HtLskell: Thf. east half of the ear.t half of north-
eaot quarter,
Mr. Chup'&n: That v7ouldn't bo BO acres.
Mr. Haskell; No; it v/oi.ld bo 40, As a matter of *'act he
owns threo or four hundred acr^ a there, or more. Tfc
introduf* the dtsed to show from whence we fqot water. Wo
got a part of this land from a dif forcnt source.
}fT, Jolifff}; Have you -ot aiy water with the other de«ds?
Mr, Haskell; Not with this :0 that w« ars putting in o vi-
de nee •
Mr. Oiap ..n; Doc a the abstract sho?. the t^itio ?
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Mr. Haskell: I think it doea.
Mr. nhap an: J^ij.pose you let U8 haare it and we will we.
W, Haskell: If ycu are //oing to look that over, I had better
reserve the rest of it.
Mr. Haskell: ¥e now offer in evid-mc^ a detd imrporting
to convey the east one-half of the southeast quarter of the
southwest quarter of section 2, in to'*nship 1 south, range
7 west, S n Bernardino Base and ''eridian, toother vith such
a proportion of the water belonging to the grantor- arising
from the sprinf;^8 on Uie '^ucairDn{;a Rancho as the lend here-
by conveyed bears to all the land now or forr-trly belonging
to said grantor which can "be reasonable be irrigated for semi -
tropical cultnfe from said "•ater. The deed which we offer is a
grant from tiie Oucamonga Hoinpany, a corporation, to *^. ?j?u8-
selman, dated th?: 20th day of Novemher, lfJt^2, and recorded in
the office of the County T^ccorder on the 12th day of Decem-
ber, 1 TxS, in Book 31 of Pceds, pa^ 461.
Mr. Haskell: Also, a deed purporting to convey the same
proj^rty , execut -d by ^, Xfusael an, grantor, to P. .\.
Holxheier, dated th^; 12th day of Do ember, lb'}2, and record-
ed the 12th day of Decji.ber, llshZ, in the office of the
founty Reccrdor of San Bernardino riounty, in i3ook 31 of Deeds,
pa{^ 463,
Mr. Haskell: Also, a deed purporting to convey the ei
property, executed by the following PTantors: ?. *, Holzheier,
S. Musneli.'ian and Vrs. K. KusseLian, wifo of said ^, Mus-
ael; an, to Goor^ T). Haven, grantee, dated the 7th day of
January, lb<36, recorded in the office of *he bounty Record r
of San pertiardino County, the 12th day of January, 1 o, n
Book 45 of Deeds, at page 6.
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QEGRaS D. HAVEN,
GEORGK D. HAVEN, a witnees produced by Int Fvenors,
being first duly sworn, testified as follows*.
Direct Ex^anination,
Mr. Hnakell: '" , You are George p. Haven, one of I he int<-r-
venors in this caso, are you not?
^. Yes, air.
0, You heard me just of 'or in evidence a grant deed to you,
executed by Mussel. -an am others, did you not*?
A. Yes, sir.
0. How (iiany acres are there in that piece of property?
A. 20 acres.
0. How long has that grant been under cultivation?
A, I can't st-y. It was under cultivation w-ien I bourht it.
^, Howmary years ago? A. That was, as near as I can raa»m-
bar, in lu86 when I bou^i^t it.
0. And it haa bef-n under cultivation ever sin-'e?
A. Yes, sir.
0. Plantf\d to v/at kind of trees and vines?
A. Well, it har! sa.ie oran^^e trees and small fruit tret^a,
and mostly grapes.
0. Have you made any use of the water?
A, We used it for irrigation rirJ^t along up to the time
thfit they shut it off.
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0. Row long af^o was it eh t off from you?
A, I think it was in July, '85.
0, You don»t mean '65?
K I mean '95.
0. Ten years a^o?
A. '86 was when I boufr^it it — About five years agt, I mean.
Q. Is that a character of ground that reeds water for ir Ti-
tration?
A. Yo3, air.
Q. And is benefitted by it?
A. Yea, sir.
Q. When t'cixt water was being delivorud to you in regular
turn how was it deliverod?
A.. When I bou/.^t the ground it was delivered in an open
ditch. Af er-vards, when the company came in there and piped
the land, it was delivered to thfc hif^ieat point of t'u; land.
0. How often did you -et the v/ater for irrif^at ion**
A. Twice a month,
0. In how larf^ a head?
A. We (^ot two inches of water — tlnat is, w) it)t 'he equi-
valent of two inches of v^ater for o yry day for sii months—
I moan every 30 dayaj and thnn we divided that a^d not two
heads a month. Every fifteen days we f,ot a head of v;ater,
0, Ho. largo a head?
A. Well, it ms 30 inches, or supposed to be.
0, Measured under a four-inch pressure?
A, They noxr measured it, Tnery turned out < at was supposed
to be that muc h water .
0. 30 inches continuous run 'or 24 hoir s twice a month?
A. Yes, air«
0. And that continuod up to five years ago?
A. That oontinued up to about five years a^ .
0. kid Bi'ico t'^nn?
A. We haaren't had any water there,
0. Now this other water ri^ht that you spoke of that ie men"
tionod in the deed which I read, comos from vi^iat source?
A. Tn at cameo from the pipe.
^. From the Hucamonga. Springs?
A. Yes, sir.
0. And (lid the water from the Kusselnian place corne from the
Cucamonga Springs also?
A. Yes, air.
Q. How long haare you been *he owor and user of this four
indies of water?
A. I think it was in '86 that I bou^t it from the company.
It was the first water r if -Jit they sold,
0. Aid you have be' n using that ever since?
A. Yes, eir.
Q. What uses hare you made of that "ater?
A. Well, I used it for irrigating around the different
places on thf; ranch and for domestio purposes.
Q. Have you a winery on your place? '. Yes, sir.
C. Wliat use have you made of it thtre?
A. I bou, ht it principally for use in the winery and for
doiaostic purposes.
0. How is it delivered to ^ou?
A. Dt^iivored at the corner of the 40 acres that I bouiit
with the water, Tliat is, on tho nortlieast comer of section
11.
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Q . In a continuous flow?
A. Ye 8, f>.r; ni'ht and day,
Q. And you tave had the use of the wator continuously for
these purposes?
A. Yes, cir.
Q. Has there beon any shorta^B in this water?
A. '*)11, since about a year ago they put in a meter and they
reduced the pipe iown from two inches to one inch, md sirc e
they put the meter in I can't ^t the amount of ..ater tint
I an entitled to.
Cross Exarainabion,
Mr, Cliap an: 0. What corapary was it t at laid the pipes
to this 20 aero tract t'.at you speak of from whi..h you gat
the water for the 20 acrcM tract?
A. This coaipa- y that bouj.;ht out J^ie San ^raiic soo Company--
that is, Wri^t Co.
0. Was it a corporation?
K I dont know -hether they were incorproated #ien they
laid that pipe or not. I supposed thoy were,
Q. To whom do you refer as the corapany?
A. This compary that you mentioned the naoes of tliem,
I can't odl them,
Q. Lynch and Wrif',ht and —
A. Yesj and—
The Court: Wicks?
A, Yes, sir; Wicks and Wri^^ht and—
Q. Ho d^^ ins?
A, Yes, sir.
0. What didHod^ins h ve to do with it?
A, He bought in with them aftT th o y p"rnh«.R ftri the Iand» Tht^s*
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other oar tie 8 purchased tho water right and land from the
San Francisco Goi.ipsny and then Hod^ins oarae in after that,
before I bou^^it the water from them.
Mr. Ojha.pLian: 5. Wliat pipe ia it that you refer to from which
you 3Dt the water?
A. The piping from the Oucaraonga Springs. They laid the pipe
all over that laid after they organized the ca pany.
Q. Jinri where did the pipe oactend to and in what direction?
A. The pipe that ca e to my corner — You moan the two inches
of water?
Q. Yea.
A. T]iat is separate from the other. It is a mile. I suppose
that cane down into what ^hoy call Turner Avenue,
0. The hydrant is ri,^it at the corner?. And in this pipe
that takes water from the Cucaruon^.^a Springs?
A, Yes, bir,
Q. You say tht: two tracts are separated by about a mile?
A, The two water ri'^nts; yes, sir. They extended the water
out beyond there to the cor er of tho 40 that I bou,:ht for
the tv/o inches of water, and delivered that water to the
northeaat corner of the 40 acres of section 11.
Q. Since the w iter was sh t off by the company where haye
you fpt '.mter for it?
A. We haven't hxl any water for it.ii-ce I owned it. I
transTerred it to anotlier party— I think they have had it
t?/o seasons and they have bou ht sonie outside water. That
is, they bou ht water that belonged to other people.
You don't ov/n it now ?
A. No; I don't own it now. I arn a little hard of hearing.
I<^r
Tou will have to excuse rt»,
Q, You still own tho 40-acre tract in section 11?
A. Ye 8, 8ir.
Q. Is t>'at .he tract on which you have tjie winery?
», Yes, sir; well, not on that tract. It is on that ra>^ch.
The winery is on section 12 in the home place where I origin-
ally ran the water to ff-.Qn I first bouf?;ht it.
Qi Do you om that place ary lom-er?
A . Yesi, sir,
0. Bo you know how much water you used on tJuit place about
that winery?
A. No; I nov:;r kept any account of it. I used all that was
neccssarjr,
Q. Have you any idea how much that las?
A. Well, it was all tiiat t ey w)uld j-^jive me of the four
inches, without measurement. I had a continuous flow and saoe
tijaes I used to save up the vater to .-^et anouf^h to carry me
throu^;;h,
0. How did you save it up?
A. I saved it up in tsuiks in the vincary.
0. W^iat size tanks?
A. I h d different size tanks. I h.d tenks that ran from
250 gallons up to 4000.
Q. How rxiany of thorn did you hanro?
A. Let me soc. Of thf la rgs tanks — I h-iri about 20 tanks.
Q. Alto^':et}ler?
A. Yea, sir.
Q. Do you know about t.he total stora^^e capacity?
A. Mo; soniotimes some of the tanks would be full of wine,
and Bomatlnjos to save up w?;t,er during the nipf\t I would rMn
TWiter into them tanks to save it up and have plenty of ater
in the morning. Supposed to be delivering four inciies.
0. Have you any idea how miich you hid stored in those tanks
all put to net her at one time?
A, No; I never undertook to keep any track of it,
0. You hao plenty of v/ater?
A. I had plenty of vatcr then. Yes,
0. You ?u*e still enga^d in the same business?
A, Yea, sir; I am not making wine nov.
Q, W at u 30 are you making of the water?
A, I use it for irrigating around t>he house and the pp.rden«
and my treoa, wherever I can r^t the v/ iter to it,
Q, How long since you quit . laking wine?
A, I guess it is ten years.
0. Do you know hov/ much wine you have made annually— how
Bftioh wine did you bottle annually when you were running
the winery?
A. I dion*t bottle it, I sold it by the piiallon or carload lots.
idiichever my I could sell it. I had as hi^^h as 5f)000 or ,%,ooo|
i
^llons that I would make tynrein one year. T'at is all t,he
Btora^~^e I h^,
Mr. Britt: 0. How many acres of vines did you have when you
were making 5b or 60,000 gallons?
A. I hid a f'lood many more acres of vines tlmn I could make
up into -.vine, I h- d 260 acres in one place and 40 aero a in
another ,
Mr. Haekell: ^. How many acres have you p^t now?
A. I have 440 acres under cultivation now into vinos.
!P,C
3
4
5
b
Ur* BRITT: ^. What do j-ou do with your grapee at preaent?
A. I am soiling them now to thcwineries..
ISr, Chap, an: Q. You day you havo about 400 acres now in
▼ineyard ?
A. 450 acre s now ,
Q. Do you cultivate that without water?
*, Oiit there, yos; I can cultivate them without water.
Mr. Haskell: ". Ib there any difference between the charac-
ter of the soil and the necessity for v.-ater for raising
▼ines "ffhoTc you grow them and the red lands ovor east and
north?
K, Oh, yea; a great deal . One mile m^es all thn difference
in the world.
Q. Which requires 'he most mter?
A. Th<: red lands.
Q. Will the red la-ds j reduce grapes without irrigation
suocess uliy?
,A., I couldn't litake a success EXJckflodE xoij^fciaii. after they
shut off the :, ter from the twenty aero piece. We have fif-
teen acres of vines and they cut down the yields to almost
nothing. And the vines came very near dyin^^.
Q. How does your 20-acre piece compare in quality of soil
to the lands of the Cuca;(ionj^ Yineyard Oornpany?
*. I should judge from that 20 acres, or probably a little
lower down, is those red laTcis that requires water.
0. The sairie kind of soil?
A . Ye 8 , sir.
Mr. Chapman: '. Are you including the "^ucaixnga Vineyard
Clorjpar^'s lands as aiaong the rod lands?
A. Yes, sir.
0. Don't they cultivate those lands without water now?
A. You i;iean the old Oucamonga vineyard?
0. Yes.
A. I don't know w lat they are doing. I think tliey are rais-
ing grapes there,
Q. And without water?
A. I suppose soj I don't know. I heard that the w ter wai
shut off J but they are not getting near the quant ity of
crop that the y used to,
0. How do you know that?
A. They tell me so.
-0-
E. T, -T^IGHT.
E. T. V^RIGHT, heretofore sworn and exaoiined, being
recall^id for plaintiffs, testified as follows;
Mr. Britt: 0. Referring to the paper which you have now
in your hands and which bears at the head this inscription:
Tabulation of Measurement of Cienegas and DevelopoientB at
Red Hills, as indicated in Miners' inches, — I will ask you
first W'-at is meant by the term ■miners inches"?
K, It ib intended to mean what will flow out of an inch
aperture under a four-inch pressure/
Q. If it is reduced to fractions of a cubic foot what does
it mean?
h. Ife practically use it as 50 miners inches making one
cubic foot per second.
0. A flow of water equal to that?
A . Yes, sir.
3
4
5
6
7
8
y
10
11
12
.- 13
|o= 14
«.i 15
t 16
o
17
18
39
20
21
22
23
24
28
29
0. What do68 this paper cjontain?
A. It oontainB, first, tho date of the uieaourement, next
the nanie of tho observer or obaervera iriio took the measure-
ments; and then there are three columns that represent the
flow of water from the east side, and a fouth column, totals
on the east side,
Q. Eaot side of w at?
A. East aide of t.ht red hills, including the"Y" Tunnel and
the Hreek flow of wat^r, and any ciene^a also on thfit side.
All the other eoluirjis indude the water flowing on tht; west
Bide, divided into different headings aa to whorf t oy are
lo oj ted ,
0. I noticG in the column containing the names of observers
that of E. T. Wri^^t, T at is named frequently. You are the
aa e j^ erson?
^. Yes, air.
0. By wliom was this prepared?
(^ It was prepared by rae •
Q, And contains 'he result of your own observations and also-
A, My own observationa and ty* additiona of oth.cr ilraerrYm
observations of some other people.
Q. In the third coluiim from the left, under the title
■Creek Division Box, 50-inch lino," appear numerous figures
and entries indicative, as I understand you, of inches of
flow of water. Wtore was this ^re^;k Division Box, 30- inch
Line, located? Wnat is tlie meaning of liiat kading of that
column?
A, It is the sai e place testified in this "-^ase as Weir No.
8, and is neasured at the avjiB box, and is the water coming
throu^ the 30- inch pipe line.
.' .T .
II,
\l
3
4
8
10
11
12
.- 13
■I
2 ►- H
20= 14
z « "^
«.ii5
QQ << U
- CL
-0 3
17
IS
19
20
21
22
23,
24
25
26
27
28
29
Q. W)»t part of the water of thenucaM)nga S}.rings was
nBasurod at that Oreek Division Box?
K. It m£i all tiie fhicamorvia Sprinf;B cooiing down the Hreok.—
Cucaironga Hrck — on the east side of the Red Hill.
0. And thoB'; meanirerrBnta then in the first colunm of fibres
of this tabulation show measuremorts of w' at water?
^. Of the water k nown a^ the Cr.ek Water, and measured at
Weir No. 8.
0. Then the measurerasnts of w at water are included in the
next column, being the second column of figures in tiiis
tabulation?
A. That is all the waters coming from the "Y" Tun;ibl and
the ciene a iEiraediatoly below the "Y" Tunnel.
0. And under wnat desifgiation, or how is that place de-
scribed?
A. It is describod here as "Division Box of 16-inch Line
and "Y" Tu^inel, built in l'-86 and '7." That is the date of
the building of the "Y" Tunnel,
(I The water, then, which waa measur 'd at tl-iat point, and
the results of the measurements tabul'ted in that column,
was w^ter artificially collected?
A. Not alto nether, because the ciene^^s flowed water be-
fore the^Y" Tunnel was started at all.
0. Th.; next coluaui is had d "nhiBa Hion^a,* That is the
third column of figures. What does thsit indicate?
A, That is from the cienega known aid referred to in the
tegtinony as "China Oienf {!;a8" on the east side of the Red Hill.
Q. And the fourth aoluitin of figures is headed "Total" and
contains tho totals of what columns?
A. Of thethreeother columns for that aaioe date
Q, Those colui^ins all refer to mBaBurementa and total of
meaeui-enien ta on the east aide of the Red Hill?
A. Yes, sir.
0, Now the second division of this tabulation aer.rns to te
flbbciiMd de Yot d to the est aide. Tiat means the west aide
of the Red Hill?
A. Yes, air.
0, And the first column is headed "Spring North vest of
Tunnel No. 2 Portal.* Wht-rti ma tf^at portal mentioned there,
and that apring? Can you locate it on Rachibit 1?
A. I can point to the place, becauao the postal of Tunnel
No, 2 ia at the mouth of the Tun- el No. 2. You aet; the
water practically ran out. At t' at time tliure waa quite a
stream of water in the creek bed on thewRst aide of the Bed
Hill.
Ifr. Chaprran: Which time are you referring to?
A, I am referring back to '85 and '90.
Mr. Britt: 0, You had your }.encil tl'iere on the particular
apot. Can you describe it so that it can be identified from
the record and the caap*!*
A. Practically whero it says "Granite Monurient, Elevation
1277" on h( southwest corner of section 4, township 1
aouth, rar^G 7 west, S. P, ''.
0. Then under the fHon- ral caption "West Side" the second
column appears to be "West Ciene^^ D," Where is t^^at aitnated?
A. That is a ciener/a as shown on plaintiffs' Exhibit 1,
aiii mostly located at the northeasterly part of the 90-acre
tract.
0, Has the 90-acre tract boen described on this map? It
9
10
11
12
13
2 1-1-
III''
a ^ 5 la
-; o 3
n6
17
18
19
20
21
22
23
24
25
26
27
28
29
io an L shaped reotaiv^ular figure appearing on this map, Ex-
hibit !,■ in the oastern part of w^Bt ia indicated as sec-
tion 5.
ThBOourt: Aa I remtober it, there was a very fpod map of
that 90-acre tract used in the McPhcrson caae ifeich shows
all those things very wbII,
Mr. Stt;vens: You have a nuraiior of corners: Why not describe
it?
A. TTiere are no course s and distances. There is a corner
monuijaent and the elevation of each monument.
Mr. Britt: I don't think t are will be any difficulty if it
is described as the L shaped rectangular figure in the
western part d section 4,
A, That wouldn't quite do, because here is an L shaped
rectangular figure on the west side of section 4 t! at be-
longs to tiie San Antonio people,
Mr. Ohapivan: Woulcii't it be a fficient to say tiiat it is the
L shaped tract trrowr^ which the line marked "Tun el "runs
northerly?
A. That would identify it, because there is only one of that,
whtjrc the portal of tu:n/iel No. 2 is, near the southeast
comer.
Mr. Britt: I su^'^^^est that ohe witness take a pen and mark
it "90-Acro Tract.)" (Witness marks tract ■90-Acr Tract.")
Q. The West Oienega. D is narked in that tract'
A. It is the ciene/:ra shelving on the 90-acre tract at the
northeasterly oo»ner.
Q. Comer, or pau-t?
A, Tlie northeasterly part.
1
2
3
4
8
9
10
11
12
.- 13
■I
z •- 1-'
- * " 1 I
2 2§14
$-"
« ^ S l3
< ul
-•3 I
17
18
19
20
21
22
23
24
25
26
27
28
29
0, No# the third colum is headed •Picnic SpririfTs", and it
looks like "Ciene^^ G."
A. Yes; it is C,
0. Whorr is thfit cienega — that Bering— situated?
A. That me the wate r rising practically at ^ho northwest
corner of the 90-acrc tract whor-' it shows "Granite Monunient*
on Pl?3int.iff8* Kxhibit L.
Ifr, Chap lan: What is it that indicates t; at?
A. "Granite Monument. ■
0, I mean on this paper?
Mr, Britt. It is the third colui/in.
A. •Picnic f>prin{-s, Cieno^ H.*
0. The fourth column under the caption "West mdf* is head-
ed "Artesian Wells, Nos, 1 and 2": Where are they situated?
A, They are the two artesian wells at t^o north and north-
e.'isterly sido of tho 90-acre tract, marked "Woll 1" and "^ell
2".
Q, Then the next is the "Tiburcio SprinfsS," Where is this
spring and where was it situated?
A. That was a srnall amount of water on the od. o of the 90-
acre tract between the two granite monuLv.nts marked "Rleva-
tion, 1303" and the other "Elevation, 1312." on Plaintiffs'
Exhibit I.
0, The next column unter that caption of "West Side" is
•Tunnel No. 2 on 90-acrc Trat."
A. That is '>he Tunnel No. 2 knovrn in this suit.
0. Is that the same as the Eady Tunnel?
A. Yea, sir-, the S'jne tunnel.
0. The next column is headed "W^^ ir No. 1" and the heading
'. ? . :
•loir No. 1" is followed by the further inscription "Cucamon^
Water Company from Mouth of Tu i el No, Z,'
A. That is the weir t lat turned th« water to the Oucamonpra
Wator IJoniiAny at the mouth ofTurinel No. 2.
0. The next ooIufji is "Weir ;'g. 2" with the entry follow-
ing "San Antonio Water Oonipary from Mouth of Tun j el No. 2."
What does that indicate?
A. That indicates the amount of water flowing over t'ne weir
at the moutt"! of Tunnel No. 2 that flows to the San Antonio
Water Hompany.
Q. Two weirs from t^:n.t tun el?
A. Yes, Bir.
Ifr. Chapfian: 0. Md they db asure the sum total coming throu^
tho tunnel?
k. Yes, sir.
Mr, Britt: <?. And ^.ho next column, "Total", contains the
Bunurary of w lat?
A, The sii;.r« ry of all the water as desi^ated here as meas-
ured on the west side.
Q. And the last colaim of ihc tabulation to Uie ri -^Tt, un-
der the head "Rainli previous season" indicates what?
A. The aiiTount of rainfall by the San Bernardino measurement
the seation jrevious to the dates of nieasuretnent, in inches.
0, The first entry in the tabulation purports to be the ob-
servation of Williari Fitzhuf^h, made in So]tomler, 1 ';5,
when 'here was flowing at thp Creek Division Box 225.36
indies, -Jid from tho cienega 01.7b inches, making a total
of 277.11. Whorb- did you obtain tho fi^^es aj-i-earing there?
A. ?raQ the testiniony of .' r. Lynch e^pearing in this case.
1
2
3
4
5
6
7
8
y
10
11
12
13
:"16
17
18
19
20
21
22
23
24
2b
26
27
28
29
0. In thiB caMf
A. Yes, Bir; I heard him testify to thoee facts.
A. The next entries api:ear to have been made, or purport U)
represent, meanuro. ents made by Culver: Where did you obtain
those fibres?
A. Prom the same source; in this case. lir. Lynch* s testi-
mony on the stand here .
0. Th e /noasu ements hero represented by E ton, I think
you have not verified, or do you know anything about Uiem?
A. I have verified this nieasnrement here, til with his
original measure lient turned in to me as one of the Cucamon^
Water Com, ury board a few years a^o. But it has not been tes-
tified to in this case.
Q, Coming down the oolumn to July 13, lo69, it sewns that
E. T. Wri(''Jiit made so. .e observations. The figures show there,
for inatana^, what anount of atcr flowing in the or tk at
that time?
A, 184.58 miners' inches.
0. And rom the "Y" Tunr©l^
A. "Y" Tunnel and ciene/:ga below, 163.57 inches.
^. And thi! China ^.icrwp^?
h . 13.27.
0. Making a total of viator flowing on the east side at that
time of how much?
A. 361.42 inches.
Q. Those are your own observations?
A. Yob, tir.
Q. Did you raake the observationi recorded and entered here
on t}ie vest side at the same time?
A. Yes, liir.
Q. For thepuri-oaea of oxplanation here , go on and say what
tha Boveral figur a i :aicato.
A. In the northwest of portal of Tunnel No. 2 there was
3.94 inches at t at time.
Q, Tiat iKis a spring there?
A. That las a spring and the cr ok originally, and the
first measurement made was 56 inches, and it had flowing
3,94 inchoa after the tunnel was run two or three years. It
only flowed 3.94. The next was niehe^iSL D, 40.53 inches;
Cienef» H, 17.35; artesian wolla no, 1 and 2, 15,14; Tibur-
cio Springs was 1,81; and flowing at the mouth of Tur. el No,
2 at tliat date 54.02 inches. And out of the Hhina Garden
Ciene£;as at tliat date there was 16.76 inches. Making a total
on the west side of 149.53 inches,
' . The next iiieasurenBnt was July 14, 1^>90, and made by
yourself?
A. Yea, sir.
Q. The f?ulvT zneasurenE; nt of July 14, 1(390?
A. It was made at the same date and the same time. He made
his raeasuremert s distinct ajid I made mine, md this is a copy
of what he turned over to our company,
Q. Were you with him at the time?
A, I was with him all the time. But that was his method of
meaauromont and his calculations, and they varied a trifle
from mine.
Q. The following measurement is Juno 29, 1893,
A, I ae.'o t loro is only one moasuraiient made that day, and
that was of Dienega f! on West Side, That was 13,29 inches,
Q, On July 14, lti93, you made another measurement on the
<v
I west side.
A. I made a raeasureaent of all the vr.ter flowing At the
mouth of tiie Tunnel No. 2, 36.45 inchet,
C. On Roptembf^r 15, lb94, and June 12, lti9ft.
f\, I made the entire mBasurementB on t^.e east aide on those
two dates.
0. And the results shown here show a total of 35b. 29 i' che»
on September 15, 1894, and 374,40 inches on June 12, 1895?
A. Yes, sir.
0. Now the measureriients next following purport to have been
made by P. K. Trask.In'Auf^st, 1696, August 10, 1897,
Angus t 13, 1898, are taken froa his testimony on the stani
hero in May last.
0, The measuroriient next following purports to hare been
made by yourself, a single measurer.ient,
A. Yea, lur; a single measurement of Hienoga D, 30,75
inc Ib 8 .
0. The next measurement purports to have been made by N. W,
Stowell, Do :/ou know am thing abot that personally? April
Ist, 1899?
A. I don't think I know anything rsonally abat it.
0. Aid the next, June 15, 1899, by E. T lrif:ht: Do you
know ai^thing about that personally?
*. It was evidently the only one measurement of Hianega
D, 13.46 inches.
0. An: st 21, 1699, another meaBureraent by K. T. "rirht.
A. I measured at t^^at time the flow from the creek at what
is called lair 8, as 91.58 inches, which included a imall
■aount of ?;atar that we carried down a little pipe from the
M = CE
M -1 c
1
2
3
4
5
6
7
8
9
10
U
12
13
14
15
16
17
18
]y
20
21
23
24
25
26
27
28
29
former Phina Oienofis. of the ISaat Side,
Q, Can you tell how much there wai of that?
A. So.'.iewhero from 5 to 8 inches of water; and also the
watr from the •Y* Tuniel Ciene^^ 00,95 inohea, nakir^: a
total on the east aiae of 172.55 inchoB; and also Gienera D
at t'liat tiuo, 3.15 inches; and artesian wells nos. 1 and 2,
as 2*68 inches.
Q. ThG next mcaaurerasnt, or rather, a measurement mado in
Aj^ril of tmt year, somewhat previous to tbo one you hare
beun describing, by Novsman and Pinkie: Do you know anything
about tliat persorially?
A. Was I with them, do you mean?
Q. Do you know anything about it personally at all?
A. I only know \7here I r-ot this datt., if t>iat is w'at you
ask for. I was not with than personally,.
0. Wher^^ did you f?;et it? A, I i^jot i+, from #iatwa8 intro -
duced in evidence in the McPherson case.
0. I will not ask you to verify the mt asureraints. The
following /ieasurenrnt, "February 11, apostrophe, 2 ciphers, —
I sup'pose t; at means February 11, 1900?
K Yes, sir,
0. Thon Farch 2, 1900, you seem to have mpasured all the
water on the e^st sidt.?
A. Ye B , hiv ,
0. 87 inches in the creHk'
A. 82 inches in the crctk; 73.26 in t! c "Y" Tun'«l and the
cienegMji below it.
Itr. Chapman: 0, Itiat date was that?
A. March 2, 1900. Making a total on the e st side of 155.26
inc he 8 •
0. The other (<nt.rieB follov.inf^ your nmMf. aa ohaeryer, they
were Liwlfci by youraolf , una witii the reeuKe ahovm in the
tabiulat-ion'^
A, Yes, flir; they were,
Q. The iiuxt netoBure-ent mad. by R.T. Wrigjit, Mas April
16, 1900?
A, Yes, Bir,
Q, hn therioo folloviru" on tio-ii to December, a number of
m«ii«mren<intB -nade in 1900 down to Decernher, all by E.T,
Wiprjit^ correctly set forth here ore t}iey?
/, Yes, eir,
Q, Thtjn follow' ftorae entries rwMl'i by ^i^st and ?obbo, com-
nencim!; January 2nd, 1901, and t)\e laat T'o'hriuirj' 11th,
l-.-'01- No, .Tfoiue-orj' 20th, 1901: Were thoBe mare by vou in
conjunction v-j th '^'obbe'
A. Jitr.iUiry iind with Bobbe. tinri January ■ 'th with '-'.L.
Cookr;, ann Jaji'iftry COth with Fobbe.
Q. FobruoTv 11th, 1901, K.T. Wri^^t, moKSi'Ten^nL of water
flovdn, frorj the Y tvuinel, iiiici. Uiw ciune^r-a bolow it -
A, The cienogii. bolov,( it.
0. Araoun^inf^ to -
A. b6.i>i inohoB.
0. And thft iH' abureroTitfi nude by Wi'ipjit nnrt ^towtll on
February firet, li^Ol: Pif o\i make tlioBd porEonallv'
. . I raace tr oae p(;rBonully; aa Kr. Stov/ell wtM with :je he
nuy hii.vo inarie hie own nieuBLiTe'ient; I otai't rnronber; I made
tliem poroontdly if I hare frot \.h(n riown here.
',). iTio fi^^uree f^iren in the Boveral coliaanB reprectnt cor-
rectly t^t) roBult of those meuRurera<;ntB'*
•h-
LiJ X ..
l:j i-^'i . :.'
« -■! *„
.A I (•:-
jv. I ;
2
A, Yes, bIj'.
^', ^ollo imr raeaflure'nentB, Us.y I'Jth and July iiord IVOl,
wn,m. to h.'uve bt.t.n muUu by yourself
A. Yob, bIt.
0. Corroctly Bot forth ht.re''
A. Yo{5, {.ir,
0. The Pwaeurtiirnent f July 2bth, 1901, purports to be WMd9
hy M.W. Stowwll?
A, There are no meaBiu*er' -n .b followirir" on that line; I
BUpMOBt* I intended uo huvu him fill it m, but it hua noo
bt on dune,
(', CoKtinncim^ July oOth, 1901, tliere b -^-...s: wu v uo;u'j fur-
tli'T nouBi)re»nent3 by S.T, ^^ri^it: Tiie roaulte si-i.t-eri h(^.re
usv ti'OBti obtained by youi'Bsif
A. Yes, sir.
G. The othi r irieuenrcsnonts -wJiich purport to be here entered
when K.T, Wiv^it *us observer, not.to rf^cjth.a- or noL they
are corrwcfly maao*'
A. They v^erc; iina Bet forth. ti.F rnfiaiflurod,
Q. (roin^'- back to tti*:; -<,o}) of Iha coluLin of rnoaeure lente on
tha ettBo Bide, I notice t>iat vhen Fiti'.hw^Jti mrtde >iiij 'i«aaurc-
mont, ooptt«!iber, V't,6f there t- pearti to have boen 22^,66
inchtn of watt<r m tha creok; t*)o next yoar 2ol,4%>, Cul-
ver's neaGuroa«-nt; whii** we come to your own nbaeurernent ,
Jnlv liith, 1W9, F.,T. Wrixr^t, 184. ;jb in the crHek, and
li)0,b7 ?>.B flo\vin*.r from the i tunnal win the cienera Vclow;
tho Yi/atr.r in the creok tjoenfi tu }iavo fallen off from some
of thoBti measuromonts aL>ove, for exi. i;jle that of Culver:
])(> vou KnoY/ v,h«th6i' thi-re had been any constiiiction, any
:)(u.
loO .'
."U
:■..•( '
TtJV
io
wtificial cute "aixdv. in the ciene^^uB or in the 8prinfl;B ttiero
m thu noigiiborhoud, botweon tlie i'lrat neufliU'e'^itsntB in lti85,
wnd the tino of your measurenent in lbij9?
A. The only tiling of aiiy conaequonce that I Know of waa the
buiidoiitS of Uitt Y tuniiel, nhich wua comtjietbci by 'b^J or
tlie yeui' rovious, t»n6 if«aa cor.iiieiic ed m li 86; that ib
conrpl.etsd ua far as it was finiahed for BOLie years following';;
there liue been some work do7io since that date.
0, ^'ell, thL.t Bubbcquent work »a8 dono in What year?
A. in the yciu: I'JOO ano jjiubabiy m IvOl.
0. That io on tHic Y tunruil'
A. Yes, Bir,
'). V/ejB that ViOi'k d^ne undur your o.vn supfcrviBion, or with
your own participation?
A. Yes, Bir,
Q. 'fthat aid yuu cbstii'vc with r«feroncu to the effect on tint
flow of water from the Y tunnal, of the work done in
1<K)0 and 1901'
A. V^tiy, it inci-eaeea the qu<intioy of water fluv^in^-; from 42
and sometiunfr inclies, at the mouth of the tunnel- jt was
then iifttaBured in April, 1900,- to aomet*:inf!; oyer fiO inchei,
aume six months folio m?^;; but that included the borin;;; of
the tv/o wells at the end of th<; hranchns of the Y,- v/hhteytjr
water vie fz,ox by aoin/r that,
(\ flhut are uiose two .\o11b called m the eTidenct here,
or on tVis Exhibit 1?
i*. Well, the well at the end of the west liranch of the Y
tunnel is called HolLnan Well No. 2, in the ajdn eyidnnce
in tlus case, Tlie other woll has not been mentioned in this
3i
tfM^V '•'.,- ,
t Jl.j
'J,'. IJ: \
. ,<! • : )
:;?l -
9 :
JLAd <.
cuRO that I kno?' of. It Ir a ell bored at the end of the
oust bruich.
f). You Bfiy there wt^s n tera. crur j increase of vawLr u.b a
rtiEult'
A. It incre-;uBec iAti^^ht alorL' fill *>at sunner; \tc lo'vered
thj enr< of the Y nearly \>un loc io<.<^r i^^n it- 'lui rv-un
htfore; alto bored thoae tv.o \n!liH; it was a contrart let
V.v +Vf> r'nca":or^'^;a '.*'ii.ter Hcirpeny, and th« ruoanonga Lan'^ and
Irr-^c^tiicn Company to ?!. \i, Sto»foll I t.hink tc do the* work,
*'T^, nf:AP*''/J', 0, Are ycu testify i'?^t^ fron ■-r.'-Msry or he Eheet
ycr.i held in your hhnd'
A. From r '00017 entirely.
U\, BKITl', Q, i-o.v lor^.-; did those l.jnnt.l& continue to dia-
diLT-rjo wator, afttr rtv- de.jponinf; \fiYic> ''•'•i ^^kw. ^-intioned'
A. I ciji refer <.o thfc neaa.ireaitntB tnuj^t on trit nhcct
butter Lmji <jiy ovher way: idl Lhrou.;:}i IVOl tr.ey c-ntinuod
dinchurginf :.. f;ood quantity of water until tho latti^r end -
I sees by September, IV'Ol, it had t'J.lcn to about t'>0 inches,
and t-hoGc arc the lijst j/ieafui'cmente that I have on thie
Bhrot of uny \vuttr flowinf: thore,
0, You r;ade rioaaare'itinxe of the v.utor flouinrr on "the Y tunnel
I Euppuce eoDotiTiie after thcit, or rauce ob6'::rTt.tion» if not
raoafiuronenta?
A. rin 1} f Y tuRiiti"
0. Yey, {;ir,
A. Vliy, I olu'served vhon it yiHA perfuctly dry,
<\ When did you obbenra tiiat the Y tunnel had ccaaec to slov
Wi.l.er t'.o all''
A. It riip;ht h.:v« been in 1^0.5, bat I i^\ii\k it vae in 1^04; I
b
waun't out, 'Aierb in 1902 and ISyO^i at all that I ronemlier of;
I was not I foci very fiire, ^nleoB po^h reference is mado
on tbia nap.
0, I noticD on Fehr.mry 2i)th, 1904, ^tccordin;: to tliib tab-
ul'tion that '"ou nude a 'neaeuro* '•«•■>' in ^^ <: stream at v/eir
Vo, 1, im6 round 11,9 inc^>«jn of wut-or*^
A. YaK, eir.
0, ■^e1'>ruarv' ?*ith. IVO-: ^o ^nn rfrip-^ili^r r-ih--^ '^r.r l^ -re was
LjT<''thm'' it hhat tiao flowin,-; fron iy}j(j Y turinci oi t.he
A, Ther- waB not.
r, State 'vhcther or not t;-,ore vraa tuiy^iurur then left at all
of th« r!ucr.'']orL^a ^prin,r,B, on th(; east aide, other than that
11.9 inchcp."
A. At that date Ih^^r- v.-ae not,
^\ Well, thi-t season you Beem to have rnajdcj a sorios of
.lor.Buro-Kmts {Ion-- throUfj;?! 1904, t.t the R«un»i lace'
.1. That wab ahout the time I t.^dnk I was tiraployed on this
suit and wae riakin*^ raeasure'^ents for this case
C. Iv r. n (.i'jtm to a matter of throe inchoB or Buch a matter
in Octul.or?
\. T^ie lort'est neasure'iont waa 2.fiy incliCB, ao Mr, peed
toHtifir-d to, in Js-nuijry, 190' .
'■OA, BHITT: Y^c 'rtiil offer this tabulation in cYiCbnce to the
(*xteni that it conti-ins tV'e result of -^loaBarerionte w>iich hare
h«ftn tfjBti^ied uO in Uie cuurco of thie tribl, and to the
Dxttnt that in addition to tuoee it contains th^ result a of
neasuroniontB testified to by *'r. lfri^:t at tlie present
time. Tljore are a few neasnre-icnto tiore, like the socond
dj*-.v ;;■<
rx Haua*^ JifTs; . r ,0'
.•iiij ,'jt-#i ,\ ji
;'; ,rlJ
.: I J- ,; ,-4 ..
ly iti-
vifr': '^-.vr
"T "if.!
f-n-
. I ' • . 1 ;:'. ■> *.
■sr^.^o ,i^
II
dl^
n\^ <j ;
,;.-, aijw V
?*lbJ<;.'v' '-
.^T, «i
'•'«TO-
rina jr
n t''
• ',g vH-l-'v'^-v
' I!.
."Y a si'v V «i»f ■
(>
100:)
laeasuronont of Oulvor ti.nd Leok«, una o)iat of Eaton, and one
of I'r. Finkle I think, and perhupe a few othora, which we
do not offer, but hope to supply tl'.om befora the trial ia
concludod. W« will uek t}iat it ho nurked the proper
ttxliibit (Acimittad and ?«arked "PlaintiffB' Ex)iihit 52)
Q, Wiat do you know uhout tho flow of water into v*iat ia
ctdled tho tunnol Mo, 2, tho Fadie Tunnel, leather after
the tunnel waa first 0})en«d, the water increaaod or diminiuhed
M^etJior the tunnol was aftorwarda opened, and if so at
w^iat time, and \viieth.er the flow of wator from that tunnel
wuB strengthened, or increaaed 1 y the horinr of any wella*^
A. Will I go on and atato the history of the tunnel*
0. Yea, sir"
A. Why, ti:ie tunnel, we cowienced it in Junu<iry - I aay we -
I raean the CUcamonfga ?ruit Tittfid norapany,- connenc'^d to build
that t\innel in January, IBiJti, and I think worked nearly
continuoualy on it, poaaibly for two yeara, with brajJcdovma
and 80 on, and ofcourae there waa no wat r running out of
tl-ie tunnel to start with, bef cause it was attarted in dry
land on the side of the hill, but we increaaed the flow
80 that two yeara later there waa between 7d and 74 mmera*
inches flowin/^ frcn the tunnol.
0. That vYOuld be in 1890?
A. yea, air; during the conatruction of that tunnel I think
there waa two we.lla bored, arnall ten inch jfolls, if I
ronenber right; but neither well ])roduc«d more than one or
two or throo miners* inchea; juat a mall flow; and we wore
very much disa; /ointed in Uien; and they were ahullow wella,
perh^a 200 or 2bO feet fron tho surface; then work ceaaed
^ 1 004
on the tunnel, and tlioro irels nothin,"; cione practically for
ai:jt youTB, until tho vvater Viej-'fji to r^t scarce, and tha
f\o I of tho tunnal hod decreanod, bo thore was only about 18
ninore* inchoa flo\?in," from tho tunnol.
0. Do you rneim anout li:.H]^
A, Tiii<,t vriiB in 18%; jind it v-'aB xn 1B96 thut t; d riuit Lund
ron])an^'^ lat a contract to ^^r. N/?, f>tu>.oll, to rn^rove
t)iP. tuimol, jiut in cement uipe, bore ^telTf fis H'i pj.t- fit at
i>lic northwesterly tortion of tho tunnel, slt'c to rKcondruct
tilt; -Aork, aiid he cornencod that yoar; u'^d I don't '-'now that
I nonlfi tell wit>iout lookirv it un how rnary '^rilB he horod;
hf' borQc, fmu- to five uolls mouj ti.u <^nd of the hmnel,
lUid luid coiient nijje in the tnnnel,
0. That was on the 90 M.crc tr^rt ■..;.;5 if
a. I Liiink thoBt; wells ..'oxu &11 hort»d .jutJt a', the north vest
iidf'py or 11. Bt off the 90 ."cro tract; md they v.^re all
outbido the yO bxjre tr-ct . if I rt^'' '^hor ri;?J>t; v^'t: cloee
to the line, horevtr. ''e mode ix coir..rac;t with the con^.azyj
thixt liti was to f^t 80 3uch waiior tit Biich und euch a [irice;
t}ia hoet. w«ill >;o bored, ht struck v^^ut • ; b kncvsn nr. the
ntowoll vvoll ftt ono ti^io, I thinr: .oil *'o. 1 o n our map
^.ore.
0. Wo Mctv 'Aunt to rrf'ir * ■-- tVnt later on: *'•*-■' if ''ii.t ie
doai'^muteci kb ?io, 4 on Plamtiffe* Iix>'ibiL 1*^
A. Ab io cullud Woll Vo. 4, 1^>6, olcvution 1^90, on
Plti"intif-<*'3 exliibit 1, T Vn{;v- Vi v?oro nftarl// r. "(jr r or a
year >jnt' a iiulf ^^ottJjv; iii-o un) ".,11, ,;i-win^ vHc i,anr;el
connoctod -fith that ?'ell; it wop q^'ite «. tcnJiotin tack, on
account of tho etron^'; flow of v/ater; and it vrae suopofted to
1 DOo
flow - it wtt« cQlod a one liundrad inch well,
Q. Ahout the. tunnel, aside frora those t/t.lls, jihich ua I
imdory ound fyoiti you v^oro luroJ to iuifgaent thn flow frora the
tiuinei, to \vr,;J, eac -oni cic tlie ^aiuici stratar dcsciine'^
A, It docliriBd from 7b or V4. incLce, in iO'vt), to about
ii) ^nchou ui 16^6,
(;;, Xiion iafijudu froM Uifc viator \.hich in fod to tha tun el
from 'Afclls coriroci/irxs with it, hue tVifc tu/inol ovt^r iiro-
duceo binoe th«.o time, smy 'Tc«r*j tlian say 1'"'' inchtb of v.ater''
A. "io, air, I can aa-y thi^t from the rncaBiii'OMVjntib txdo in
1":'04 tttid i\?05, of Uio rtuturi) ilo.:iii|w; ii)tw tkc l^uiuiol >.t
wliut itt kriovxii aa Weir '■' ftiid 4A, in Lhe aJutft at tlio uufjor
oiiti t)i' tii« i.uimtil - tvnd vu uiwaaurtid trio waour uruiTi i*.L
UiG ":ouUi, ain.' r,)ibr*> wa^ f^eriurally 10 or 1 inch* b more
at tile : iouth of tho liinnul Ui^tn v.iiurj it kvt.b -nchf..ur«d above.
n. Tiiat would l.o tlie incromont of tlio tunnel, letw^on what
70U v.ijolo Gciii Uiftj v;tjirB i and ^lA, nDil the nouth of the
t'.ainei'''
A, You, bir; ttJAt iiBO woiild includo one well, v»tdoh Ib
woir ;iO, o, in 1= r. i^oeu's rmjaaurttienuu, wiucii ►;;tinerally
flowed frcni two ro Uu-ee xnch^s of \*ator.
0, J)o you know anytiuni- about the eubaeqUHnt. connection of
ttio tunnel «.th the well No. 14. doBi^c;,tet! h^^^re on tlie
plaini.iff'8 (jxhihit 1, hevcnd vAiat you have idrejtdy seated in
dttBcribinfj; that ./eii?
A. I iiavo no I. doscribod v/ull l.o, 14 at all; i.t was fNtowell
well \io, 4,
0. YcH, I knov*, t,}iat ir a diffor«»nt v.oll, I an mcfuirinfi;
wiiet'ier you knov; anythin/r. about the subsequent connection
lOi
{{){)'^
of tho tunnel with well >!o, 14, of j'^our own hnovledre'
A, I knov/ the well, \ihich vma under th» control of th«
Fruit Iicnd Hor^any; they hored the well; the ^ruit Land
Oorqjuny bored ??ell Mo. 14, under >T. Ftowell's contract,
])rob;.hly, or imdrr hie F.u])firviBion at lewt, tmA th« tutanel
wiiB run 1c "A-ll *'o. 14, but they failed to crot thoro durinicr
tlieir ov/norbhij-; of the land; Lhoy failoc to get Uiore, t-jid
t}iby hud to rur u syphon np therft to leeeen tl'e quantity
of water.
(■'. ^'id ^ny of thope v;ellc flow L.t the Burface of the ground'^
A. Yer, pir; the P^towell -^ell flowed ovt r the purftice of
tho /9'ounQ; I don*L think I would dart; stuLe the tsr.ounw of
T/ater it flowed, but it floT\'od v/ater, quite a little quanti-
ty; also woll VroTTi v.E ?.f;ll ^'0. l4 of xhci San Antonio Water
Oorjipany flowed water OTfor the surface; when it ^as first
bored, and I rather think acrao of the other e f loved a little
bit, 03* comt; j-jretty close to the surface,
'■\ Nt-v/ thtjn, that v,oll Mo. 14,, and the otowell v.pII, when
tuj)ried bj' the timnel, -^on reached by tho tuniiel, tVeir
wator was drav.n off throurh t>i<; tunnel, int«t,f)ad of at
the Biirfu-co*^
A. Yep., cir.
Q. Do you know if tho tunnel '.faB nui so us to make a
connection T.ith tho T^towell >,oll, or 'oae the Stovroll well
borer' in the bottom of Lhc ttinntd''
A. llo; the tunnel wao i-un to nakc u connection Aith it;
ttiey h?x' a p?-oat deid of t!ifficuity .
Q. Do you imow ^\ut yuitr tJiat wae''
A. I tV.ink that I coulc ref«jr to the dates; I have the«
10
1 Of) 7
1 hore soraeisrhere ; I don* I see anyt'iiiv^, I huTt* checked in tr/
2 o\m bookH tiiat refure to that; it whb posBibly *98, or *9^,
3 or I'JOO, oiiti of thoae tlireo years.
4 i), Waa tiio otuv.eil »/«j11 Cu-^Jiied uX wiy time?
A. I tiiinlc not; I don't want to etatd iiositively.
^. ^as the v/oll 'lo. 1-. Capped .t tuiv ••-iir.e''
A. Not to iiiy^ knowlodji^e.
0, Look at this aarieisiiiat elon,-;atttd puijer, and which haa an
inBcrii>tion aiJi-arontly intended to describe its charucter,
elevation, dd^^th und bO forth, of woUb, near red hill,
rucanionga, (lulii'orma, from tabulations, und so forth by
K,T, M'riii^it: I'tato whether or not you lume this pL.por, this
A. I miiue it, or rather it was .Tiade from nr^ data xn ray
oxYici.
Q, Do you know «Ai«thtjr it correctly rapreaonte the data?
A, The data all came fro:n my note bouk, t?iken from teeti*
LHOYij in this Cfc-se.
0. V-liat is tiie purpose of this paper?
A, To show the Tarioiis voIIb in und around that nairihbor-
hood, (dovation of the nurface of the land, and tlie ele-
vation of Uie water m tht' vtolls at different dates, rela-
tively with oach other, and also the depth of the lells,
from the testimony given.
0. Foato whether or not it shows iJ.so the elevation of the
top of the well, or the top of the curb'
A. 'JTioBe elevations are suo(josed to be the ^^ound; the
elevations on the curb -Tiay vary ii foot or so.
^. Tt shouB the depth of the wells'*
11
1()()H
A. Yos, sir.
0. Vid the olovation of the wator in the ^vtjlla at Qw datet
wlien the obaervations htiVb been testified to liere in tho
oviduiice?
A. You, Jiir,
0, Thu firot onti h«ro is doacrihod i.B Uia "ourwino woll:
WJifci'fi ie tho fjourvinc aoII oitiutbod^
A. I don't tliink I could toll Thhat ^jiece of land it is
aituatiid on hy doBcrijjtion; it ib ui out u milo noi'tli of
tiie Buee Lino,
Q, In viuvt diroction from lh;s Cuca':ion<5a Rprin/TB?
A, Alrioa'o due nortli froni Uib (\icajiori^?;a wpriivKS,
Q, riion thd tiliuet ahowb rtolia of the San Antonio \ utor
norrpttir^, ovmed ana coni.x*olltid hy eaid con|)ttny, 1, .. o,
conaecubivoly to o and to y: What vvellp are tliose'
A. Fron one to oifijit, would })e the San Antonio v/elle north of
Baae Line, known txa the 16th St, vella; V Mnc o tiie Haakell
v»o11b, tiJid b the J^ibio woll; tho roet doaifTiaLed by numburs;
9 18 the Saji Antonio Water Oomphny or Ontai'io Pov^er
Oor^i^any's wll knov«i ae Mo, 14; I i.ut it Mo, 9 on t^at ratp,
bocauco I Imd it 9 at one time,
0. Tho colored horizontal marks on thia oia^j indicate 'irfiat'
A. Indicato the dpoht of tl;e wfcll, and the blue color is
Trhon they mc filled with water, BUi-i^OBed Ic hf^ ^^" dej)th of
tlie wll full of water.
C, State whether tiie riap correctly indicates the rolatiye
riepthB of tho aevortJ. 'rtells, t)\at h'.T<j b«Mm nentioned ht re
in the oviaonce?
A. Yen, sir; it ciooa.
l^i
Q. Now, these Tine roddiBh imee on oMs chi*rt Indicate vha"
didtance in perjjondiculia- olevuiion?
atjcxEach nforo.v interval, each of tVio amalleBt inteinride
nnrkec in finu rod linea, iiidicatoB W^iat distcjico in
pta^^jfsnciioul^tr el ovation?
A. Four feot,
0. I ohotjrve tliat you bKow on bliie, next follcAinf/ tb.e wtll
No. 14, a ro^>roB(mtation of wtll Ho, 1-:, en jilaintiffe*
Kxhibit 1, Lono Stttx v"olls: One fceenc to be under the
firurc "6" under rather hold letter ir^j;, liixd the other
under fiQire "1.1*: 7'hGro ij-e those *c11b? /.re thoy indicvtod
on Plaintiffs' Fxhibit l'>
A. They ixo I trink. And they tire i; and o on plaintiff's
PMiibit 1; 6 beirvv; in lot 11, Had an^^ Ji "heins'; in lot 12,
^. '^orth of the Paee LiBo'>
A. '^Torth of the Base Line.
. Pollowin;^; ther on thin diMf^.rem a|)j)eaj* to he re*fr<'ncea
to the Cucrinonga Water Porapany's welle on the 85 acre tract:
rviere is the Sf) acre tract on Plaintiff's Exhibit l**
-'v. It liec below the Paso Lino, and v;eet of i^ellman Avenue,
icid ip outlined on Plaintiff's .''Exhibit 1, with tunnel
runnirv; northwesterly throut-'i the tract.
^. ^'ovj, tlit-n there are three of thoce well a which contain
no imiioation of water?
A, Pecautjo I htx! no data to know how hif'h the water stood
in the wulln a?id fo I ('id not ;)ul '"> " "fRter on; I h;id no
data to L-hov;,
f\ Tliu ntxt is I^ullnuii well Vo, 2^ the woet briinch of the
Y tunnel: That it; the well i^' '^^ i^'. rtheaat jtart of section
1r»
•10 Ml
4 vriiioh you previously desoribed'
A. Yes, sir.
0. At t}\f^ and of the v/ost pronf, of Uio Y'
A. Y«r, p.ir.
("'. Thun you hi<ve arte^siDri v/ell Tlo, 2: WTioro ip the no-
culled artftsiajT well ''c. 2'>
A. V^eit I have fJLso described today, ae hsinr the northerly
inurt' of tho 90 'icro -ruct; it is a t..«11 bor»d ncij'ly tv;(;nty
yoyjTB tjf^o.
0. F'.'.H it ev(-'r h, producer'?
/'-. Yet:, sir; u sT.itill producer • vur the Biirfax^e, from eic^it
to ten or twelve inchoB of v/titf^r.
'\ lid it ccotae to flow at any time if you know*^
A. It cua««d to floY.' some yeuTB a;':o,
'\ T}i;rc ij'o other v.vdlfj there, Ontario Power ro'.:;jany,
and Cucanonp;^. ^ater Oorapaiiy, ftcverid deeirnationr as eliown
on Ih-: ria^t hand r.ide of thic fjhtset: A'lv c^nilrnction t>i8t
you c.-m ^al:(; of Lhose c.a to viricrc Diuv lj*o niLut.led''
A. Tlioro is well Mo. -;, knov/n -n the Stovcll -rell in 18^6;
t}ui,t. ib si.o.vn; cJK- tho ugIIb *''cs. 7, 8 «Jiri 9, ar ahor.Ti on
tliis 'aap of the Ontario Po\?er Coinpaiiy hf.re; they .>'ere wolls
bored by ^'r, r>tov»ell or the Cucfainonf^a Fniit Tsjid Oonpany,
prior to their oellin-- tht uro ^rty; ^d t'c otVcr 'Vftll
Iso, M, thib oto/vtjli v.'f.li; u-y nojx ip Cucaijonv.u ;-.c.i.ur Company
w<,'ll 10; that is tuo well borof- in 1U02 or lyOo, finislieri
in 1904 I kno>/, and in in tho 90 .crc trr^rt, and rirht ne{U'
BJ.aft 4 fci?id 'iA, -^riu fioi/a v.^loi j.:ioo uii-*. hhaf o, into Uiat
tunnel.
^1U rr . : You utiy that wap in 1902'^
14
10
A. ly02, 190*5, and 1904; it was fmislied in 1904, connoctad
in 1904.
■Ji. BiilTT, Q. Competed with wiiut?
A. nonnecto{i with the tumiel 'io. 2, tlio muin su,.:.'ly of the
wutor noii i"io*iiif3 to the Cucw.ion(';a Water Co.qibny,
}-'>\, CHAT15AII, '. Are you not mn^ ton veiXB in ad'T;.nce of
the tirae^
i\, I don't t^iink so; it i.aa finiB>ied four yearu a^';o,
Wu BRXTT: Uia-k thif. ch, rt aB Plaintiff's >bchihit ,6,. for
idontificcktion.
i^i, BKIxT, 0, Luok at this chuxt, which in inefi'ibcd
Ciictiiiaon^a Water Oorapany, total water flov.in^ fron .24
iijcrs tract, Oucajonf*. Land ana xrr^jo.tiun CoLii^tny, irora
ntjaouroTiOiitB r^^de by *Wrif?;lit, f-'itzliu^i, and Boveral others
nuried Uiere: lUd you muko this chart?
A, I will anBVier tlie atime ao I Imve the other; it 'aub made
in mj' office undor v.vy ch.ar£;e; jutiin^^ Die fifnjrea and
loiters on I didn't do.
: , V.'V.at is it intended to represent'
A, To ^graphically snow the az'^ount of inches flowing from
VW) up to 1907 or 1908; I tliini: it roachee to this month.
(,. It bhowB the viaximura ant! 'lininnTn of wator neosurod on
that trtci cf land during; thoso tirnee doee it?
/i. yon, Bir; thb raaximura was in 1^90 of ovor bOG inchei, und
tlio niniiaum wai. iii 190a L>m\ I'.'Ot, of two tav} Bomo odd inchea
0, TPhat dooe it ahov/ relativf; '.o thw date o^ ohtervation?
J\. It ohov.B the ctatee and ho ohBerved i-t uach of the times
f^ivon on U\e map, sliowirv; an interval of '90 to '94 of no
noaeurenento ttikon; tie lorf; line botw.itn thy tvo pointe
lUl'-^
JUL
1
2
3
4
5
6
7
8
9
10
11
12
13
2 2 14
"; ». o
< u"
z * 5
4.ii5
la < jji
_; o 3
17
18
39
20
21
22
23
24
25
26
27
28
29
sliowB tlicre was no raaasurements taken ^ that straiir^t line.
n, ThiR chowB ariiphically by moans of the line to i^ich
you refer, not a hrokon line, the lon^:; coTiLi.':ucuB linu huro,
but having a fa>od v\m\y anp:len in it, sJ-iovn.' the roBiilt cf
t)\& mefi.surenonts v.hich are tabulated in this e^chibit 32^
A. Yen, sir; and that Vo, Z2 covers then all,
Tlie noiTIil', ' , You L-ay tliis lon^-; line indicates no ^eaBiirenent
\71iat ar(5 thoBe figures here**
A. That i£ rainfall; you sec t<here ia no obcorvcr nnd no
dute r-.iven; that is rjvinfall for t' e season.
??!;. BP.ITT, 0. "Diese figures which the Court cuIIl your
attention to, arc thoee in the horizontal column, "larked
lit the left, seasonal rtiinftll t;t San Bernardino'
A. Yeti, nir.
0, Ho^A/, thfi dates of ohservatioTi ai)pear on the upper mai'gin''
^. Ygb, air; raid tho observer on the lower iiargin on the left
htmd. r>hall I 6X!)lain it*?
Q. Yea. I would like to iunow -AitX i& maicateo y these
a^iall squares raJirked with faint rod lines?
A. Y.iicli vertical square mecnG 100 miners inches, of tlie
larre squhres, and lon^^itudinally thoy represent time,
b«ir\/; im oven apace of tirr.e.
TfCIl COURT, n, v!\mt ie the period of time?
A. The period of time is one year. Tliey are spaced I think
exactly for time; the rainfall is ^ut on each yeer, Thos*
spaceK -'iTO b'-.ovji cxcxtly,
liR. BKI17, Q. But that is not so nUi t,ne observations: The
observutionn -were not tuken on the 8a*nt date each yeitr?
A. ^'o, uir.
f, ild
f lie
16
lUl
Tlie Court, 0, You referred to the se&Bonal rainfall: From
wiiat timu lo v<lia.t Lime do you cor^jute that?
A. I tliinlc it is Septenber first to September first; I
tliink tho8« are tJie cates.
M\. BlilTT, Q, If aac one of the large Bquares, or Bquaree
nwked with the htiavier red lines represented 100 inches,
euch one of the small sfjuares would represent 10 ind'es,
or one- tenth of that?
A. YeB, air.
Q. And the siJiaileBt subdivision then would be wiiat?
A. i&'ould be tivo inches; because there are fivu to a small
space.
^. TliiR chart will show graphically, and with an u^.proxi-
raation to correctness the rise and fall of the water dis-
cliargod from tliis tract of land, of the pi'operty of the
QiCttiJonga Land and Irrigation Con^jany, for the ])eriod of
years coLifiencing al:)0ut IBiib, to 1^06?
A. Y^«3, air, Tattrti is one year 1900 to 1<j01, the v/ater
shows an incr ase instead of a continuing goinfr dovm, owin^c
to the devoloiJinents of the Y tunnel tl>at I 'lava already
referred to, increased the Jtater for tiiat season.
0. There seems to be an increase between those neasurementB,
*9t] and '^9'
A. I haven't got any data with me to know >diy that waa.
0. W«ll, about tliat time was there any work being done on
the tunnel No. ii'
A. This would not incluae tliat if tliere was.
TTiE COTOT, Q. Vliat is the meaning of this legend: "i^imping
wells itl)ovo Base Line"?
1?
lot 4
A. That ia Bimply during those years, t>iey -jwre punping
wliat is r.nown as the San Antonio V<fci,ter Coiqjany'B wells
above the Base Line; I Biij;j.08e that is to infer they were
taking the water.
Xfii. BKIiT: We offer this diagram or diart in evidence
aa Plaintiffs' Kxhibit No. M,
A. Ctai I make an eaqdanation of that statement tiiat I said
I didn't know v.hy it rcised that year; you asked rae w^iat
tlie cause was and I told you I couldn't remember. It shows
tlie datoB of the measurement: One was made in July of the
year previous, and tho nerb in April the year following;
it hadn't yet got sunner time; and it was on account of
there 1 oing more water in April thtm in July.
UR, CHAI'J^AN, 0. ?/hat was the rainfall those two seasons'^
A, Vei"y light; between seven aid eipjit inches both years.
Q. That is '^6 and '^9?
A. Veil, it shows on the plat there that it is '98 and '99,
Q. Pot}' of those measurements would be included in the
season for vdiich the rainfall was cora. uted?
A. The raeasuiencnts will show tho date tliey v/ere taken.
0, You say one was in Pepteriber und the other in the
following April?
IflU BRITT: He said one was in July and the other the
following April.
A. Ono was made by Kr. Trask, io^iat liHh, imtt, and the
next -.vas rru^xie by N.W. Ttowell, April first, Iti'a^,
Ifli. BRITT, 0. This other diagran now s})oin you seems to be
historical of the flow of water at weir No. 8: Tliat is
water of the creok proper, isn't it?
a
lb
n
A. ves, sir; meusured at the end of tlio 50 indi pipe line.
Q. Whidi ie close to the reeorvoir tmd near Uie brick hotel*!*
A. Yen, sir.
Q. T»ill us the }jlan and scheme upon which you haye ^ro-
ceedod in conBtinictinf^ this chart?
A. Well, that is just simply graphically drav/n on the chart,
the measurements of the water dtdly, meeisureiaentB practically
for four years, nude by ?^arsh, toetified to, «id Reed,
testified to, and by myself, as shov^n by the tabulations
already introduced, as shown on exhibits 6 and 11.
Q, It st^ows conveniently the series of raetiBurcments made
at weir "o, 8?
A. Yea, sir; and also shows the rainfall for the seasons,
and who made the measurements, but it is all taken from
tliese tabulations, as far as the meaeureraents go,
0. What does this broken line near the middle of the chart,
iihat docs that represenf
A, That purports to be the amount of water measured on a
vortical scale, and the inches are put down every short
8i)ace; the fi^^res in black mean miners' inches to correspond
with the tabulation.
Q, This tf'Ows f?;ruj)hically the variation in tho measurenentB
durin^5 the time you describe, some four years'!*
A. Practically four years.
Q. Is there anything else there that needs exiilanation''
A. The last end shows a broken line, becwiso there is a
period of dates from June 6th to April, IVO?, tliat we had
no meaaur»»^ent8 at all.
Q, It IS not. only broken but it is an interrupted line.
JLiL
i(
A, T^ is iiot oontinuoUB.
0. Wmt makes this artraordinary peak here, about February,
A. It vtiM raining;; the proviouB day, and ci.nsiderfible viater
Cfirie down the pipe next day,
(.}, Ihero is the point of lowest de])re88ion.
A. One point of deoresoion, May, 1905, 1.68; I t}\ink that
iB because water ¥«,a turned out; I know Uiat ic becuuse
trater was turned out. Two and eif?Jity aorae odd hundred tha
inches, is the lowest it was ever measured; that was in
Docfjrabor, 1904. It also shows on the maqp the dates from
the testimony of the pumping; of water, of the wells above
the Base Line,
^. That is during tlie last season*?
A. Yes, sir; durinfr the last season, no; but for the four
years as shown hy the map.
Mi. STEVENS, 0. Where is tlmt shown?
A. All alon^: the line it is printed in.
^m, BRITT: I will ask to have this narked Fjchihit 6b,
Q. Look at this chart, which bears the inscription, "San
Antonio Water f!oii5)any,. water flo'Ainfr through conent shaft,
in tunnel Mo, 2, northwest of the 90 acre tract, from
toBticiony of 7, E. Trask, including the water from .veil V,o,
9, or ^0, 14, as per plaintiff's Kxhihit No. 1, ajid wells
Noa, 4, 6, 9, 11 and 12: Wiat does this re})re8ont?
A. "^y it simply represents p^-aphically the anount of water
flowing, bJB per 'r. Trask' b testimony laat Hay, and also
sl^ows the d/ites v/hen the pur«[)in/?; was K.oin!J: on, in the well a
to the north of the Base Line, and showa the fall of the
20
101
water durinn; the urn ing, and the riae when they stopped
piirapin^^ kbove.
0. And the broken line acroBO the rniddle part of the sheet
indicatoB wtiat?
A. Indicates the miners' inches as per '>. Trask's testimony
at the different dates, as ehowi on the ris^ht hand margin.
Mli. SIWENS: That ie at the top of tho diagram?
A. Yes, Bir.
m. BRITC, 0. Now this flow of water throurrh cewent shaft
in tunnel No. 2, northwuEt of the 90 acre tract, is a
diecharge of wator from these v-ells which are mentioned
here is it?
A. It includoB the discharge from those wells, and any
other vsflater f^ained in the timnel; it is the total a^iount in
t>ie tunnel, that is HUpj osed to flov, down tunnel ^lo, 2
bolonfsing to Uie San Antonio Water Corniiany.
Q. What if? the canent shaft in tunnel No. 2?
A. Well, it is a shaft, I think whicli was constructed by the
San Antonio \Wter Company, into the tunnel, just northwest
of the corner of the 90 acre tract on thtiir land, wid they
have a mea8ia'in/:r box and a weir in Uiere,
Q. Does all the water flowing in that tunnel, in the Eadie
Tiinnel or tunnel No, 2 pass tVirou^h tiiat shaft?
A. No, sir; all the wator supposed to flow to the San An-
tonio Water Co pany passes t>irouf;h tiiat shaft.
1*1^. f!^TA^'MA>': Did you say that was the San Antonio Viater
Coinpany'B lund?
A, It nay be the Ontario Power Comjjany's land.
!lli, CHAI^MAl^: We object to oral testimony as to tho title
'A IIOI
21
101
of the land,
TinC COUhV: The objection is «oll UJccn.
Ml?. PPITi': The evidence in not offered with a viev/ to
allowing; Lmy title lo tlio land, but ratlier the quuj:tity of
water in the almft at difieront times.
}fR, BRITT, Q. I notice there is an inecription on thie
chert, •P\iTflnir)P- continuously, Sun Antonio Company's wells"
'x)\iin tJiut iu followed to the rigiit ■ Not uumj.'ud 'los. 1 to 8"
and then it the inBcriittion •Piinrjjirv; continuouely* and
later still "Not i^umjin*^": From what data do you f^et those
inscripLions?
A. Frora the evidence as presented in '^ay last of the dates of
the Atriping of thooe v^ells.
<\ Now, the inequalities m the lonf: broken line here
indicate what, where it rieeB and fails?
A, Indicates each time the meaBureritjnt was f.iven at the
date, and I drew a otraif^it line i-o the nojtt tiato of
noasurer >ent , and it miJces a broKon lines all top;ether.
0. "l^at do those iire,r/;iilai'itieB corrosijonc with*^
A. Correspond with Uie araount of water flov/in^ throuf)i
that cedent shaft,
0. Now, here under this inscri^jtion "Pumping continuously,
San Antonio Corat)any»i[j wells", thits Ion*: broken line stem
to 8&{'; doisn from the top to the bottom: V^'.at is intended
by that?
A. It simply shows when they conmenc^d iiunjidn/? from thoie
wells tlioro was 2'dii miners* inches flowing throu^^ that
oe ent shaft, by Vt, Traek's testimony, when th«yy stopped
piirarjinf^ there was 121 miners* indies flowing throu^ the
Zii
101
cenent abaft,
Q. Tiie figiu'es on the upper ratiTgin of the Bheet, show the
dates between the respective entriee?
A, They show the datoe coneecutively, but the entries are
shown of the actual dates, as teetifiod to by ^fr. '^raek,
us aliown on the broken line itself, as testified to by him.
Ttiose are even cionths on the margin, and l^.e did not meeisure
at the same date every month,
Q, Now, on the rif^t }iand put of this slioet there is an
inscription "punii ing continuously" without other explanation:
W^iat is meant by those words there as pun^.in(- continuously?
A, '*hy it is meant from August 16th, l'./05, to about Novwaber
11th, lyOi), that the wells ehove the Buae Line were being
l»uiaped evei^f day, and the water fell in that time from 152
niners' inciies to 116 is the low/est point.
0, And after that time the inscripi^ion "not i.urapinf^" mofans
w'at^
A. Tliat aa tar as the date of this profile is concerned,
there was no pumping done after that date above the Base
Line, and the water rise,
Jfii. CHAPMAN: Are you offering those things in evidence.
I'R. BPITT: I have offered two of them; and I ani goin/r to
offer tiiis one.
}^\, niA'^'AN: Well, I object to it as inconvotent; it does
not purport, to be fmyUung except the artist's presentation
of how t}iu evidence in this case will look when depicted
on a piece of paper, to u distorted scale,
Tlie Court: ihe objection is overruled,
IIR, Chapman: reception.
2iL-
1
2
3
4
5
6
7
8
y
10
11
12
X 13
•I
z >- »-■
_ c a - ,
S2? 14
z * 5
a- 5 Id
o
5
_: O 3
16
17
1«
19
20
21
22
23
24
25
26
27
28
29
'fP. PRIT^: It is only to faciilitate the digestia- of the
figlirea which iiave b<^un introduced in avidence.
(Last c)iart referred to fid^iitted in evidence and
raiti'ked Plaintiff 'a I'bdiibit 56)
Jfl^, BKITT, Q, I think you stated tliat you are acquainted
with the liindB of the Ouctunonfra Land ^jnd Tri'ip;ation
Company, and of the Ouctmionf^a Vineyard Cora]jW»y, and their
relation to each other, and the quantity of irrifi;ated land:
I */ill aak you if you made thie map which I now exhibit to
you, or if you know it ie a correct loap*^
A. T}iat wuB coiuod uinply fron the map of the cotqian^ee
property,
f\ TT^o wu know whether it ie correct or not**
A. Yes, sir; it is; that ixi the outside lines are correct,
tuid the vineyard and orchard I presumo tliey are correct, -
0, And the situation of the reservoir, and the orchard
and the San Borniirdino road, and tiie bridf^e over the wash,
tind other features raurkcd on t)ie map, do you know vyhother
they are correctly delineated?
A. They ore; also the two pipe lines, the 16 and 22 inch
pipe lines.
0. You speiik of a ZZ inch pipe line: Has that any connection
with the so-called if) inch pipe line'
A. It joins it at the lower end of tlie bO inch pipe lin«,
and conveys the water to the settlers, and to class A and
Class B.
(). And the 16 inch pipe line?
A. Is a pipe line laid by the Oucunonf^a FVuit Lund ronqiany
and turned over to the Cucamon^a Water Cocapany. to carry
'M
104l
t}ioir o?io htilf of t}io \/ater from tho Y tunnel end the
ciunc^^its.
^?}i. BRITT: For the y)urpoBO of showinr:: noe clearly the
uitut.tion of tiioao Icjids ralctive to ooch other, and the
uituation >;f tlie pipo linea relative to tlie v/ash, the road
culled tVie San P/ermiTdino road, ixnd the ?in«y&rd of the
Qictunon^i^a Vineyard Oors^any, tho waatioB wtacb have bot-n re-
forroci 10 here on this land, wo offer tho diar^ratn in
evidence,
^'ih, CHAPM/l>I, 0. T}uB don't sj'.ov/ tiio entire Cucarpon^ huicho
dOMB if^
A, ';u, uir,
■">. DooB it ahou any ltLnf<8 not inaioe of the Ciicaiior\i^a Ranclio'
A, ])o, Bir.
^'l:. BHFi^, n. All the lujvfi here delineated are within the
Oncanon^;a Hancho?
A. Yes, sir
(?iap Lija'ked i^lointiffe* Fxliihit 57, juid ttdnittod in
evidence)
0. BY }'R, rnilTx, 0. Now, reff^ri-in- to this Plaintiff b*
Exiiibit No, ^7, you will nooictj indicated tli')re location
of 5?an f.ernfirdino roud?
A. Yefj, Bir.
0. Below that is a syucb which ia toiiXkbd "Vineyerd": r>o you
know w}mt tract of land ia indicated o^ thin ])lat or chart
or dn^-rum, and what is cailod tlit vineyaro Ja^re, fthat is
dofUiPTiated «iS vinwai'd''* A,
A, Yea, sir,
Q. i^hat 18 It?
m.
102
1
2
3
4
5
6
7
8
9
10
11
12
r 13
EU
2 :: ^'
- I (r -, ,
sog 14
<:"
7 X C
«.i 15
n < ui
- 0.
- O 3
i" 16
17
18
39
20
21
22
23
24
25
26
27
28
29
Q, \7?iat is it'
A. SupiJOBod to be in v.nea.
0, Po you know >/hat f«n(.>^<nt rhore is'
A, I Krow from Bcaiint% I know i)rohtt})Ly "within ona or two
jjorcent of t\\v. \.oU.l w\o\mt\ I have not eurvcyod itj tiiree
hundrod acres woidd be within one or tvc ucrce of connect.
Q, I'lo^^, on the Isn*-' of the Cucajionf^u T,aj")d and In':.fi!;y,tion
Comtitjny tlioro is cjso aoniG territoiy a lareTitly nurked
"vine\'ard'' on this map? Po you know tmythinf-^ about t>at?
^, V^.Q '>vord "vin'^^-'^jird" crop.Lsea the lino, inoludiru' both
Bome of T-hc C!iicano-ig£. Vineyard Conpuiy, ujic also Uie
Oicanomra Land j,nr' TJ'-i'i(?'^tion Comjpfeoiy; &jnd there ie Tineyard
on both portions above tho ^jm ",ern<.irdino roti.d.
(':. Do you knov Ahethor t\vA tcrritoi'y liats f-ver botn irri,";ated
A. |t has.
0. \^inr(:) from?
A, Tom the pipe linoe a? eho n on thifj map, and also from
a ditch lyin«? i^nediately bolov.- the ki2 incli pipe lino whidi
was used by the Virayerd people.
0. Prom \^at source?
A. From tho Oucanonp-a ^reek; and that iiJfidhB lover ditch -
the u])per one runn from tho Y tumiol,
Q. Was there any land of the Curuaiion/^fa. Land uid Trrigotion
nonrpany, belov the 16 inch pipe line that tj&b irri.c^t-ted from
tlie Oucuinon^.. Sprin^^u?
A. Yes, fiir.
0, ".^lat was it nsed for v^hon therw was Mater for irrigation'^
A. Tliere was some alfalfa, icmC. I think the vineyard reached
a little above the linc^ of the 2.? inch pipe, linn; I am not
26
M)
1
2
3
4
5
b
7
9
10
11
12
13
Z - i-
- ■ " 1 1
s 0= 14
z ■= S _
^.f 15
O 3
16
17
18
19
21)
21
23
24
25
26
27
28
29
Biire of that; thare was alfalfa and some com, and Boraa
(^iirdon to the west of this pipe line,
Q. Do you know whether all that territory which is repre-
Bonted on thin map aa holow the 16 inch pipe line wan
irri^atbd?
A. At vtirio\iB tipiBB it was.
Q, Do you know now loiv; that irrif^ution continutd ruli.tiTe
to the di8ap])ewunce of water?
A, It continued between the yeuTB 1W<7, and up to 1900; ho\pi
□uch lator I don't know.
0. You don't know whether it continued until the water
di8q)peared'
A. That I don't know much ahout.
Q. V.hat do you know ahoul the poasBBRion of these tracts of
land, by the plaintiffs in tliie caee, tlie Cucttraon,^a Land and
Irri^ution Cora}iany, and the r'nca/nonr^a Vineyard ^orrpany*
A. Why, I only know that w);at is called the 526 txcro tract
bolon^^B to the Cuoanum^ Land and Irrif^ation Compaj\y tram
statemonts made to me.
0. Have you ohaervyd anything'
A. I know they controlled it; the Cuoamonga Vineyard Conpany
waa organized as a con^^any in 1895, and tViay own the land
marked "Cucamonga Vineyard Coiqjany.
Q. I waa aakin^ you about ^ oaBeBPion.
'IR, ST?TENS: PoseeBHion and use and control.
(Question, linaa 14 to 16 inclusive, this pa^, read
to witnoBo)
A. Mr. ^unriers was there aa aupwr intend ent of the corrpaniea,
and controlled Uiem up to t}ie timo ''r. Balch came in aa
I
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2
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5
6
8
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M 10 > 4
miper intend ant tV^9 or nix or neron years if^.
Q. What con^anies do you Bpuuk of
A. The Cucuraonga Vineyard Company, uni the Cucaaonf^ Land
and Irii,';ation Company.
0, Sinne their orf^aniaation in 189J)t
A. Tliat was the time of their or/a;ani»ation in 1890.
Q. How far b.ick doee this iJoeaeBBion tliat you apeak of,
extend'
A. By their predecoat;orB since 1B85.
0. Well, by the coE^MinieB themselTetT
A. ^'ince they took pooBeaaion in 1695,
MR. HASKKIiL, 0. Do you know the land deeded to R.T. Rundle
by the Cucu«nonp;a Corapany, now ovmod by Matthew Turner and
othere?
A. If it ia the Turner <30 acre place on Hellman Avenue
I know that place.
Q. Ib that included within th<; ext rior ^oundariee of the
Runcho Cucamon/^a?
A. Yea, air.
Q. You know the property deeded to Patricio Marsioano, by
the Oucanonr:a Toi^^any, do you not?
A. Yee, air.
Q. la t>uit included within the oxt nor boundarioa of th.e
Hunch Cucumonga?
A. Yes, Bir.
0, Do you know the property deeded by the Oucanon"T», Comiany
to MuBBelman the twenty Mcre tract?
A. Yea, air.
a)
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0, T8 ttiat included within the exterior bounduriea of the
Runcho Cucwi;on^';u?
A. It IB,
0. You hburd tiie teetimony of Oeorfr,e f. ^fuven thie "noming
in roforenco to a cortein 40 a.cre tract dcbdud to him by
tiio Cucttnon^^ Co::i]Mury did you not'
A. Yea, sir.
0, Ib that included »ithin the exterior hoimcl*a*ie8 of the
Htrncho CacwioiigaT
A, I don't know; I wo old havt to ^.ook at M\e map to feel bure,
CROSS ^IXA'-IWAI'ION
Iflt. OlAl'MAN, Q. HaYo you 'n)t the map here'
A. I tliink I huve one at the hotel that will tell that
probal)ly,
^, ^0 you know along w^^at Bectiona the southern bounc-ary
Ixne of t>ie Ouciinioriga, Kancho nma?
A. Not from neteory; I have tliero all nifapped out. ilie mh^ at
the hotel I .ill bring in t>!0 "loming and hand it to you,
0. You say you can brinjr^ it in the raomiri^?
A. Yes, sir.
Q. What use does the Oucwiorvy-a T.and <snc liTigation Coiapany
moke of the bZ6 ucre tract?
A. At present?
Q. Yes»
A. I believe it is in p:rain, raoet of it.
0. Irrigated?
A. No, sir.
0. ?)mt crops did that oor|'uny ever raiia upon thtt land
that required water for irrigation?
ay
to •
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A, Thoy hac blfaltu un tiiw iuiic.
(". iViioroi-boulB''
(^ . At otj ij.nj ri«,-.r wh-ro the ;il..cc ^ ;d vin.' ;-rd ij-t
(U I nfnil. 'i* I'll vob,
.;, ov. lo;! cue il- ru iun ^horo''
/^. I should tliir • oo or u I :
0, flon vo'.i a.i .roxin!,.le llifs ij-our . L*^
/(. I GO ': U'l.iK L'O,
". Houlr' you toll ub r it v.aa un txcrb Oi drco
;. vi-y I ooj :c ; it wiifm** om; )iiinc*r«id tcrtttj; i
'..' >." o''' iicre,
ii, IVu'-ub y cevt.Ttil '.iT- op th«i/ , bui. 1 lio ' ' «■ oulf'
1-(>]1 j..>!'.in ^ifty p Tc^Tit of it.
r. Hti'/f "ou o"*" "i'-»<- n ' ov^-i-fin ."''■"'■■ ..tiun**
v. 'or, unlcBu I htivc eori« old n^ it; I
('on't ':now th6.t I over mP'-f'T'Ti it,; m *" . I never
tlio; unlcBK norno old "iij) ■ ub
tillod.
(|. \hun wtLfl that tdfiilth. Q'or-n on ^h" tract of j. ■ , ^i
i.outhttuctrrn par ^-'!'~ ' . u c. -
\ I t»in ^Z rly p- a; bt no date
■)r it; 'Jl, 'yi! or ' .
, 7 i: ' ^ <it, .*l*'alfb. j.atch the only cioio cuiwivautt; i^ l'o
..1') i.\..' .• ' , >. >d Irr
t' ut roquuttu wutnr for irri -it ion'
•db
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A. Well, t}'«7 had a n ina rarden t>tore for noma years that,
r«quir«cl irri^;at/ion.
Q. IhrroaboutB «* -a .iiu CiiAria j.';artitjn'
A. T>iat wafi eouthwowt of the cienefa by the Y tunnel,
Q. Tlial. ift t^io Btine one thut ^laa hoen B]»oken of frequt-^ntly
in tho course of thia trial'
A. As the Oiiria Bprinrs; yts, nir.
. About how t!ia!iy ucres did thw/ hare ir rult.vtition i>ere'
ii. So.iewtiera between ir* and oO.
0. I'hat ic all in cultivation now in »o'not>'in^ blse besid*!
\PB^(;etableB'>
A. I bt'liovi^ it IS m pcrain; it ic no; irrjtf;kbed now I know.
Q. Well, in the Cucwnorva Vineyard Company's lands, is there
any portion of it except, the 500 acreB of vineyard that is
in cultivation now*>
A. Yes, sir.
C. In vaiaf*
A. In vineyard; tliat oOO acres represents the vineyard south
of "ohe San bemai'dino road,
Q, How r'wch has t>ie Vineyard Hompany -ot north of the San
Bomardinu road**
A. I think tiie vineyard Comjjany own between i^O and 100 acres
north of the San Bernardino road.
n. Alto^etlier*'
A. Yes, sir; alt 'futhor.
0. How much of ii. xn vineyard''
A. Probuhlv SO or 60 ucros V\ vineyard: I couldn't tell
you oxactly.
0, When set out'
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A. Somti elf'^t or ten ears bJ^''o; poseibly IZ yeurt «t^;o.
0. That would take us hack to '96 about'
A. It nipfit h&T« be«n soneftiiur s <.lca^ ihose vetj-B.
0. And 11 has boun cultivated ort-r cince'
A. Yen, sir.
0. Ihere do they ^et wat» r for irrif-ution'*
A. I don't think Uiey huvo hi*d water to irri/':ttte it, for
tliree or four yenrs at all,
f\ Ifhare dif^ they p;et water on -iTially for in i^^tion''
A. ?rora the 16 inch pipe line fro". the Y tunnel, «oif' fro<u
the .-iO inch pipe line conun.- fro') the cronk water.
(\ They frot one half of the v*at<,r from the M inch pipe
lint did they'
A. Yen, elr.
Q. V/yiat proportion of the water cofainp- from the Y tunnel'
A, One hal*; that is one-half helom'ed to the Oucarionra
Vineyard Cofipany and the Cucaion^^ Land end Im^tion ^od^
pany; uno the nuc6rion^|;a. Lajid and Irrifj^ution Oomjiany owned
one fo\irth and the Cineyarf? Oorajtanr' owned ">^hree fourths
of the iialf .
0. Did tlie flucaion^a Land and Irrif^ution Con^any UM that
one fourth unywhtrw'
A. I presume they ustd u portion of it #itin they irrit^ated
thuir own land. Mow t>ie^ divided it - the etuv oupurj.nten-
dont nj.na;;ed both conpaniee, or both jieoee of land.
0, '^ot)? t>ie QicafDon.iiia Vineyard r'of»n)any and the OucimonKa
Lu/id t»ntJ Im/i^^ation Porapany?
A. Yes, sir; the sune nan was sup- rintnndent.
Q. Vho kad control of the waters from the Y tunnel'
o'^
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A. Tlie Buporintendent of those two corjioratione hud control
of the half of it, uid ttio r'ucaor: -ti at^r ^om^ttny huiri
control of the othur half.
'\ ^ff\wre was th« half that th« Wator fomnany hod control of
t liken to?
A, Throuf^ the lo inch iJii>« line to tKo rescnroir about a
qiutrt«r of a nile east of ^'oilman ATenue,
0. ]'OeB it evrr unitoit with *Jio watura of the 160 nrh pine'
A. It would -.inite if it was taken in the apcB; thu i>i co
ui'e connocted, to flow on down throiif^i the oaio j-ipeB, hut
not on that trac^t of l<ind,
Q. iTiey jwre connected'
A. Tliey were connoct«d xxJdix'kkiix in the liter To'npuny'B
pipo systen.
0. The Ouca on^?;a "^Vater Company etiil control that'
A. voB, bir; there huB been no watur in it for four or
five ye<irB.
Q, *io water at all'
A. Hot a drop.
0. Fron Uie Y tunnol'
A. "o, sir; not a bit.
'}, Nov., yuu B' oak of t)ie cultivation on these lands of th«
Ciioafflon^ \^ineyard Conpany, Ahat tliey \t«ro all cultivated
at tinos: lid you raeun all of it?
A. I didn't moan ull Um ciene(';a8; i meunt all below the 16
inch pii'e lino, tjw w^'at was not too htr with cienegaB,
BOuthwnst of the lO inch pipo line ub far us the creek.
Q, Wae it all cultivated ^t one 1 1*^0 or at different times,
or partb t- uno .i o und partB at uiiuthur?
M
V
ill
;-i;i
io;i«
1
A.
I uon't fjnort; I hv\k that bomo yuara 'w'.uy cultivated
2
11.
all.
3
0.
In wViaf
4
.V.
A lur b portion ol' it v.u- Ic be in c-ruin.
5
n
•
Kr\t' that thtr/ don't irriprute'^
1)
A.
Jio^ ( IC i.oi tu ^ louih when thty hac! lunty of water.
7
0.
'<nt tiJioy don't now"
8
1 *
f'O, eir; they don't now,
''i)\-, I buliovc j-ju paid tftat v^ r •.'istriction cf th© Y
10
UiiL^ttl \/aB • ' rod m V'f'C**
11
A.
Yet., tsir.
12
0.
/,nct t;-.'m^ Xv, '■• c nl'v^ui/ i-x li?
X 13
■1
K.
^/trll, it iif^ t hayo been tj^.o l;Atfcr _»»art of 'f 7, hut it
s 3 14
< io
i:.
-♦'l V.^Te nm irt \m *f3 ; wi^hin twc vflarM it -.ran ron«)leted
ui)y .. Oy .
-" ? 2
i 16
9
■ •
Arout MiJitt v;{v8 t}ie lo'iA-^h of t) e Iwo branrhne o^
17
■?--UTinc" -.h'Ti iz \;.:i.i: c :■ let,- d''
18
i\.
in Uisf xsci.^'iajuinu..u oi i"..vi' .'-.:, ttmc iuol rt«ujh.
19
'.'.
I UTidtratumd you to 8poa< of 1 Ojjdn j^-inted /ip»
20
iv.
fe I lene^-a t^ero: V 'mI ricm:;';! ..^.p j t. -f^at, tho o--.an ■'nintod
21
jix^fe Vu.8 ltt.j.( m?
22
A.
It wuK tlio cienop-K i , od. -^ of the mouth of the
23
J.
ur»» , 1 ». BUoim en lilamt ffn T^lxh:..' it fJo. ].
24
W*
.;o'.., -..iiuro 18 that? You Sit.> i- ib coutii of tn* Y tunnel, -
25
Of
Lhf louUi of tiitt Y tunn. 1'
26
A.
/e:i, »ir.
27
Q.
About iiov. iitr tJouUi*^
2S
•
As n' am on *''.i.fl up, it i» bc '" ih8 aouth
29
OJ'
tlio Y to liitirc) in ttu^rtced ciftntu?;a; this map wan made in
1
2
3
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7
8
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12
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.M
*\K' or 1900.
0. Wj.;. the outlinn o^ t.hn rlenaga rii'*fer'?nt al ♦Jic tine t^^al
Y tim'nol wBLfl roneiiruc^ud'^
A. T>iorf -.voB more cicTi>
^-00(1 real.
A. v-oH, bir.
0. ^^ow OT-inh ncu'cr**
. . Clcij- to it.
n, ''liero waB Uib o]Jon joinlod '.n.xa'^
A. >Yo{.i the iBouth of the tunnol Bontherly ae nhovri en this
"i»t^, to u point intJ*kt»d BhJici Vox, olovatioji ii>.^.
n. ThfM'n did it diflchar^?;e '«ator w>iich miA collected hy
t>u.t pi.e'^
/». YiiP, sir,
0. ^>ion ^TuB that open iointeo i/ii <j laid''
A. I coulon't tell i<(iiflth«r ix, wua in '; V or *ho,
n. I^i wao a^io»Jit, that tirno*?
A. "^efi, eir,
0. ''on lovy* ?!ftor ^^^'^ O'on ioinlfd i e rtf? l.-ur vas it,
boforo y^ui obBervru .:^^- effect u^jon bh<- '•icr^'';a i.-JKie'
A, T^^e lov/er uwt of Vjie pipe ntiTor did ai"f«ci^ '.he ciwnof^a
L'uid, or the. cifmora iran rot uffcctod 'n th« lower portion
of it; It tirian \i,j ti:v up < j" poji.ion ue^.-iun ur.'j yeuro '67
tmd I'.'OO, h^ra'ne ..1, -.tub «ill dr> in VjOO, tu -: the point
n.'.rkod riion -s -jn thin na^) and t} o -louih of f^c ttinnel, bimI
t)iore '-lir cicnf^ra '•. .ova in IH'''/, Lhuit- mao rjuaii narriir*'
wutiir from the cmno/n* i;,h< If into 'J)ir ju.m- i.j" >ox; a
nuturfil flm. of water.
M
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2
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A. ho, nir.
0. It ifl idl dried ujj'
A. Entirely oo.
^, And hhoui. y^hat tiiae did it dry up''
ii. I (ion't rinovk that I know, except it was all dry In
Jimuar\', 190^t, ubeolutaly.
0, Vaen't U'.cre a twry cii^rkod differonco before 1:'04,
in the (woimt of wator that was flov«iarr in that opon
jointed i'xuy.'^
A. Tlio o])en iointwd pipe also conducted the viater of the
Y tunnel vp. "wrll,
Q. You ii,-.j u.-ii^ro liiiU boen no water flonin- from liie Y tunnel
for t}u*«ie or four or fire yojira''
■. "ot for ^ he pai't throe or four or fiye "f-arn; no, eir.
Q, Did the ci.onui;a dry )j p;i"aciially after yuu iuio u.':ut
cj,)en iointod pipe in there?
A. The cienur-j. bor-n ^o dn; uo at the uu^er end of that oven
joinx.ec px^", bucuuue ii. v.ae ao^.-n lU or i: or L, f ^ ut
bolow tho mu'f (^cf .
(^, Tt was • ut thuri"; *.o dr-in '.hi-: -iRit..;rn fror^ tb.t ru'nojf^a
v,'iUin*t It?
rt. ,,eB, Hir; to collect tliu waters.
0. Am' i^ f'ir' ir.9
A. ^t (ixc it.
0. ?roTn the nouth of tho Y tonr-el down to the eand box, did
t)io waters of \.\\e Y ti nn<tl, r,r\r iv.« u<nt«r« collected by the
o]ion jointod ,)ij.e have t>' i. (-ont uit^
A. Yes, sir,
Q. Tlio waters from the Y t\innel flowed throuf^i the open pipe^
^
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A, Xoe, nil*. 'Hicre wfo r^l^n nno^^'-r •■•'^ ort riio line, of
ptirhapo 40 or 'jO feot oiuy , Viiu,\« nuiu' ^'uura ;»!. u.«»
lovyer ond of the cien»Jf;a and brourjit 11 into tho euno Vox -
v/*iat ■vu.tcr did rt'it rvt into that o-jan juintod .;iT)c.
0. You cay t^i^ir-j .'.l.b t-'io^-nur oi''**: ^^ftS thut sIbd oijcn j -intyoa
A. No, B;Lr; a tig^t pipe {/) or '0 foot lor -, on iron pii^e.
A. .-ru:: Lzi',* uiiTA f)uz m . ft08t.erj.y nil uct^ion ini-u v e
rinni /-u^ jiifit to nolTert tho rvetern of Ibo rienora that
did not 'nt into tho oi;en .ioin'.eo r:i')a,
Q. lie At collact i.nti'A'*
■\. It collected viiul c.vit- do'vn th«pe,
Q, Anr crried it intn *>in eanri hex?
A. Y30, r.ir.
r. ^Von wa9 tJrat pipe lidd*'
A. The Uitrie yi;-'«r in 1''.^'7.
0, rid you rmko »iny neattiLref^tints of t^e vrater ao Uiia sand
box then, fcJTtor the work ae done, the Y tuiir.il conBtructed,
and f^o optin pii-o laid ■Uroi' -^ '^e fu«no^a, und thic other
pipe IJ^at you epo-.k of 40 or 10 foot lon^'-*'
A. Yeo, flir; ''hey nro tabulated «inc' mtroducec.
0, Coulo you toll UB the datea vhen you firet be^':un U> maka
Kraeui'tf.ionOij of tht^t water?
A. The firct njeaaurtt'ont I have cf w^ ovjn .iork is July loth,
Q. How nucb '^oit^fr •. ae ut th.e uund bcx then, flowimr from
tho Y tunnel, with all of ita auxiiiuritu*^
A. 16o,(>7 inrfitB.
0. "rof»» '^lat ex ibit now art you re/idinr, or to uhat did you
3V
1
1
ro
rer'>
2
A.
I tiiink it it Fxhibit oii; tliut wae t.}!c fiiat one introduo<»d
3
xAi
is afternoon.
4
0.
Thrn «fta the nej-t "letriirmient Ihat you madf on thftt?
5
A.
I may hfe.Te riade 'rwMinremyntB bet ef«n timoe; the next
b
ncjtuuronen''- tlmt I litiVo iiti^ouctc ■iiiu tcucixioc: to ir.
7
July l-ith, 1/;V0.
8
0.
I'O vou krow whfn th« Vndie Tiinndl ".Titft conbtnicted'^
y
A.
Coiir.onc«.u coneUiic'.ion in J'ino *Ho.
10
r
•
To whit len/;.-t)^ dici thej' conctruft it lie fore work coaeed
11
on
It at all'
12
ii.
{'oiicLlunii over null a r ile; probuhlj x/i .no nci^borriooa
X 13
•1
of
5000 f ^.
- - =' 1 .
0.
By Uir.t cc54;«uij «»« that writ done"
i:ii5
a < uj
A.
Djut .juri; tms r?6nt y the Cuc...'non.-',u vruit Lund Company.
- U 3
r 16
0.
And nhat year was it coffipletoci for that dxBtsjice'
17
A.
In the year 'vO or *9l; it vma t> rne or four y^wa.
iS
0.
Tlion w)iut itaa riono with rer''fird ^o it**
1')
A.
Abaoluteiy nothing-' for flvo y. jtb.
20
0.
las any wator flowing" frori 11. durin^: that tL'je"
21
A.
lator ivaa flo^inf LV'rourn it all that time; the I'.ir^'.eot
22
in«»a«ur«i«nt is BOBitthiiv; like 74 or 7!) inchoe; in four or
23
five ;.^arB it had nun down to L' inclibP rsw .. friiction.
24
U.
Hoir a»ich die vou aay tJi<^r« was at firet*
25
A.
7'^ Inr'T^o; not ai first; after we ^t in Xva or Uireo
26
tlioueuwd fu3t.
27
0.
By the tlwio /ou Itad caused ibe Jtork th© firrt time on
28
Wi.At timaol, you hud aHicmt 7ft _nc!,«ti of wktM*?
29
A.
Yes, air.
3
4
5
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IS
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^ 1^>
IP — — _
!|9. And then it ran down to about 16 inches''
A. YdB, Bir.
. When did it run down to 18 indiea'
.. In **j6, about five or ax yeura later.
Q. And at that time sotao oUier work was undertaken you ■ay''
A. At that time commenced to improvo the tunnel by cleaninf^
it out^ and horin/^' wells at the upper end to increase the
wat«>r ttup^jly.
0, Did you do that or was it done under the Stowell contrart'
A. Under tiie Stowell contract, the Fruit T.and Company let
tlie contract to do it.
0. When Stowoll had done that work what was the increase in
tliat tunnol''
A. Includii^ the wells that he boreo''
0, Yea, the water frcm the wells was put in'-o U\u tunnel.
A. I don't think I could state that, because I don't know
juot wJiat tino the \fcenR were cut in, and I havo no measure-
nents with me, ejccoj/t conuinuinf; alon^: from year \.o year.
0. r'an you point out on this rasp No. 1, w^^ere those wells
were constructed by Stowell?
A. Yea, sir.
0. I wish you ..ould show us the place'
A. ^Tiere is one well constructed just west of the northwest
comer of tiie VO aero tract, marked well -lo. 7.
0. Isn't it a little south of the northwest comer?
A. Yes, sir; south and west.
Q, And just outsico of the 90 acre tract?
A. Yes, sir; there was anoUier well iust south of that, BQd
narked on Plaintiffs' esdiibit 1, well 'O. 11.
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Q. Vere thuee welle sunk ubuut the uitin* tim?
A, !^o, sir; bout two years uj>art,
Q. Vihich waa utie fir at one''
A. well Vo. 7.
(:. Tliut ib uoareBt oo Ute northweit corner of the ninety
acrti tracf
ii. Y»b, air; there wae also well No. 4 on the seae exhibit
una BunK in Ibvo.
Q. By Stowell'^
A. By U, W. Stowtoll, and was known ua tlie Stowell ./ell
ao it was the lar^et one.
0. Wa« that the second or the third'*
A. I tliink that was the first.
Q. The f^towoll well aub the firsf^
A. Yes, bJLi*.
0. Anri you say this was ratjrked -
A. Yea, air; well *Io. 4.
Q. Can you reiunber about wlien tliut well was coni|jlotod''
A. I think the well was completed in lHl'6, but it was not
connected with the tunnel that year.
Q, But whon cowi'letod you say it flowed orer the surface'*
A. It die flov over the surface.
. ihere did the water po'
A. It was picked up )>y the Gucamonga Watur Company in wi
iron }iipe line ri^t near there and went into thoir syat«i.
0« Anc^ their system was in part Uis T^aoie tunnel?
A. Yes, oir.
Q. And t^'at water was conducted into tilt Kadie tunnel by
the Cucamonga Water Conyany*
M.
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A, Some of it rot into the Fadie Tunnel I think, and tbty
ciirriud aojne of it to the oi'-Jit inch pipe line t' rourh
unothor line; the aane eyBtera,- the Cucitnofif^fc Water Cor|>any.
0. You Hay that was conpleted in 1H96, but not yet runnocted
with ihe tunnel: w*'en was it connected with tho tunnel'
A. ith.in the next two ye^jre, but it was a lon/:^ job and hard
work - spent rauch noney on it,
Q, From tho time it was comploted until us ronnected
with tlie tunnel, tiie only '^ater obtained from it was wtiat
flowed over the surface naturally?
A. or \hiit Me run in from tunnels to taj; it, and then
8)rphontid it down into Uie Fadie tunnol.
Q. fihisn did vou do that'
A. Well, At ,. -; ...Mvixnf?; on it in •^.7 and '98, probably
both yoara,
0. "ow Tlt below t)'e surface did you cnt the well with
your syphon'^
A, I think we made two cuttinp;B, two tunnels.
Q. At different linrns'
A. Yea, air; I know one \*aB about fifty feet bolow the
surface.
0, And the other was still lower*^
A, Tho otiiur ./as atill lower if toy memory servos me ri^:;i:i..
-0-
Hero the fourt l.;keB u recess uhtil tomorrow, "^nn, ii2,
IVOfa, at ten oMock A.M.
-0-
IN T H E
Superior^ Court
OF THE
County of San Bernardino
State of California
Cucaraori^ Vineyard Company,
Plaintiflf
/ Vol. XII.
San Antonio '<^ater Co.,
Oefendant
INDEX.
Wri'Jit, E. T. 1065
Stowell, N. W. 1095 1125
I. BENJAMIN. Official Reporter
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January ZZ, 190b. Tuolfth Ikj.
£. P. W.J^y?.
^, P. IciI(31T, ho. et/oforo iwi-n and QZMiinad, beinf;
raoallod liy plaintiff, tcitificd m followi:
T*'r. V . I wunt to maka ona oorraotion in thia «ac}iib-
it ^^ jf one {ifyr%,
"h. BHI T: I suppoae thu wi'..noa8 will ba allowa<i to aaka
th- oorraotion.
A It IB ,hr; dtl^ of % 20, ly07. i . ii; jn uj>i i 5i:,
a oorrooi'ion that I aa oaking, of ona fi nu-u, «^.ic^ is du Ji
wronf on tha asJiihit.
m, (S^lJPUkl: Q Vhbt IB it? A Where it raads atv.05
inches fron fair No. 2, it i^ould be lb9.ti& inehea.
ME. BJdTT: Q fhat is *hs datat A May 20, 1907.
MR. C^^AP?UN: Q Oi nhax. woir? A loir No. l.
Jfi . Pi\ITT: In tho multipliei-y of these plate and ajiiib-
ita, there ere two nhioh I desire very imoh to introduce,
and w^ic^ I omitted to ask "r, Wri-^t about. One of t^am
I vas undor tho imp ro a si on was made by nathar witjiaas in
thu oaso, or other itnessae in the taaa, ltxA tiie second is
one which we had intended to introduce, and in the huny of
the Bonent I oTurlookod it, and I tfouid like to interrupt
tho orooc exHninution of Mr. Wii^t, which haa not prooeedod
Tory fer, and aak him about \^ho8e matters.
THE COUi.T: Vory well.
)it\, BiUTT: Q I desire, in tho firet place, to interro-
gate you ubout this chart whicl' has the inscription of •Ouc*-
Monfm Water Ooiqpany, HelLnan Well No. 2, and artcaian well
Mo. 2.* I do not qjite undur stand nhy "water* is used
103"
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instoad of Tineyard.* A I Aq»pOfl0 it vovld b« ,)orfaetly
prop«r, baoausa thu Hollnan fall Ko. 2 is tho Cuounonr>
LiJid and Vator Comi)&ny land, but one half of the vater belongp
to the water oompmy: thF:t la ihe reaaon it ai^i have baan
used.
Thia nhart waa made by you? A Yea air; it waa nad*
bv those in my of fie > under say ahar^.
Q It wbB deei'Tiod to rapraaant lAiat? A Oaai mo'l to
reproaen'. fluotuationa of water in the aurfaea of those two
wella, meaiurad one from the toi) of the taain^^ in wall No. 2,
down in tho shaft about forty feet below the aurfaoe of the
^ound, and tha other from the top of the ourbin^ whi«h ia
about three feet (iboTe the /rround.
Q Vhere is trtaaifm well No. 2 aitu&tttd? A Arte ai an
well Ho. 2 is well No. 2 that has bean refened to on the
90-Ecre tract, known as arteaian well No. 2 on plaintiff* a
eyhibit No. 1.
Q Can you point out about where it is sitviittdt
A It is nsar the oanter of the 90-aoro tra«t at the north
edf^>.
Q Indicated by the vards "Artesian fell No. 2?"
A Yes eir. Artesian Well No. 2, lbb7, Qeiation 1410.
MB. nr^AP'AN: You .Tiaan it is near tha north bauniary
•f tha 90-aord traet and about the sdddlo of a line drsoM
aorosa t}iera? A On the canter, east and west, lut iiaar
the northam boundary.
MR. BRin: Q The HellMB woll No. 2 is th^ wall tat you
havo already statod is at the end of tha wast pronf; of tb0
T tun^iel? A Yes sir.
5^£
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Q I undurat^oud you to s&y that thii dh&rt ahowe the ^lue-
tucitions of water in thuoo woXls? A Yoa air.
Q nth referenda to «^at? A With reforen';^- to duttfo
and vdth r«for<.noe to tho wat<«r havinf? haan pmqped north of
the baae line. It ia a oontiniiouv data frtBi tha tijaa
they took the siaa«uraB»nt, b\it it ribiowa whan -^hay ware pia^i-
inf uboTo baao line and idien they ware not, and how tha watar
went down whon it wi^a pia^ad, and how it was whan they ware
not pirapinfi.
Q jQie maasurenientB indiontad on thia chart are taken
froi whut? A Chi tho HelLjan wall No. Z thuy are fiaaaured
dowri from the top of tho eaaing, i*iidi ia t^a top of the
well, where it ia out off to flow into thc> Y tunnel.
Q Wiero wa thaae fi/-Tirtto to be found inaay of thepe ori/^
inal exhibite? A Thoy are all to be foi^nd in olaintiff'a
axhi\;it 16. There ia one brecJc in a period of aoaa aontha
nvhen thero waa no lueaeurtici&nt token.
Q At what time? A From June l^Oo until A|iril 1V07.
The oolunn of tif^v^OB running: in an irragultr line near
the bottom of thia ;>iap indioatea the maamrcBent of i^ieh
well? A Tha HulLun wall Mo. Z, and tha diat&nce down
fro.i the uop of tho caein/^f uid the atraif^t line throu^
the middle of tha mi^ rupresonta the top of the oaain/7, and
they are raeaiured down from that aaaing.
Q And the ooluon of fifipraa— horisontal line of firtuea
drown neitT the top of tha m^p indicatea maaaureaenta in arte-
aian wall No. 2? A Artoaian well No. 2.
Q Tr.an ae t^ ia lino near T.ha bottom of tha map riiaa or
fcdle it indicatea the riae or fall of the water in Hellman
\f\Ar\
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1U41
Well No. 2t A Tee lir.
Q And similarly the colijnn of finirea r\Bbs ihb top of tha
aiap indioatot Iha riaa and ftdl of loll >Jo. 2? A Yea air.
It ie oontlnued ri/t^i down to Junuary 7, 190b.
fffi. (mmm: Q it ba^ina vhant A I think in January,
1904.
Q And down to what time? A Jonuary 7, 190b.
MR. BKITT: Q Tho dato of ^he aoToral maamiraaienta art
iRLTkod where on thia diart? A They ara mar*'ed on thi
upper ed/re. T^o deta of the aeoauranante end the obaarrar
who meaaiired thsrn ia maricad on tha lower adf!^ of tha map,
and they are hoth taken from ooopilationa on Erhi^it 3.
?/R. BRITT: Wa offer the pap.r In oridanca as a graphio
illuBtratio>^ of tho data contained in axhihit Mo. iJ end
aj^.ibit Mo. 11 forked esJiiHt No. Se).
m. r,",h7:mi: Q Ihon did you ooi^ila thia eAibit Mo. Jti?
A Cooipiled along in May, the fir at of May, aa far aa va
had extended thii.t datn, enr? I hare added the roat aince than.
Q Tho firat of May of what year? A 1907.
Q fhere (\id you rpt the data fran whioh you 00Eq)iled it?
A ?row BsaaauromflntB tvkrm ^nhicV i^-T^ i-^ my offioa end
which are all on eihihit No. 3.
And what othei data than what ia on eAibit Mo. li?
A None. T>e8e are all taken from exhibit No. 5.
C) You B&y theae howiaontal line a aho what the condition
of this voll No. 2 nond the Hellman wall ware when the Six-
tfienth atroot walla are or were not beinf p\iq)adf
A Both whon they were and ware not.
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C And t.Vt- dla^m -^111 show what the condition «&■ «h«n
t'rie noiti pur^txnff, ttooordin-' tA> tta0w» dain, tind <[^t ^h0 oon-
dition WH.B v/h n V. v, hhtq not ? A You i Bed ^- word
oonditioT^B. r. 'Vo,v the <!ifferonoe in - .ions.
( Thut ifl *hal> I liCfJi, the difference ii eiefetloni, or vhe
olciTationB whon the wtiiis «e;e piaped end thu elorati 'Hb
»/))t!n V o worti not loit/:'' pvtaped? lee «ir,
Q /nd nuv c. ut.ht>r? A N. .n.
You aiow >»ow fuwiy c j on thin rnaf) fr<M 1^^04
to 190<'? A No :ii . I liikvo not cou ited thtai. Much of the
time oT&ry day uiid eornetiiuee a week ipart, end there were
Buvcral }»eiiodB of lour ur five uionthB )ion th<sre wub no
ine< BuroMunte tcJcen, letwee ^ \<.'>'il> fc.nd t-.-jlv in lyOO,
0, Can ^ot. poi !(- ouu w .out; utax^ ulbcj i ii-u? Vhereeheuta
on t' is dih^ijn do the deliy loeaBur ntintB uppeur (jxid for how
Ion - do thev Luno&r tt an ontj time? A ftev anpeor blII tho
^^u:'J• jroii Au utt., ivO^, pzitc iclij QUiiy : uc ..: ... , t,h
occtiBioriHlly a Sijid&y intorvoninf^, until .T io, lyOo,
l>io a lOfi-iRireBoiita vers all t?kiwi hv h.;od?
/ TliUTw iiurii^ havo hoen ooct*eion*u. il,
but they wore til fropi Mr, &eed*8 testiniony.
ruhBtfcntielly they were t»kon from ¥r. hoed'e ieati^aony?
A YuB Fir,
Q DooB Ur. iieed meke an., ohaervixtionB aa to whether
o*>>.i> "/jIIb then theae Rixte "■'' ^ti.-ot. ^^ 11b were bein -
pLiii^)ud kt ohe aetae <.iMe or et wi tiaw lu inf; t^.ose obaeiver
tionB? A I don't know, I tMnic thut he ro^orto'! . ^n
^'« T.one St«u' well, which ib tbo U}>por well en the Lone Star
tiuot, wore bein. pua.iod. I '/".inK he ru,iuj to'i of that,
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Q Tou didn't put that on thii sapt A I did nut, but I
think ho nade rejjorti of it.
Q Tbos this dia^an riiow whether or not any othor ^11
in thht diet^riot or territory i»hioh is the BuVjoot of thli
controTaray was or wai not heim^ p ijipad, only thase Siztaent
■treat wolliT A Thare ara no othor valla in that isMdiata
territory bairip: pimpad.
Q f am not talkinr of tho inatdialo verritory m e
of being within a few f<;at. But wa hara V. t Cuoanon^
with wella acattorad edl over it. Tare any of thoaa volla ra-
pox tua w you, tj-]d uid yuu oaric on thia dia^aa tfhathtir they
ware or worb not punpinr; about thia tljae? A Thara vai no
vail reported to oia £.a beinf; pinpad unlaaa it vaa wall No. 9
of the Lona Star Tiuct. Ihat mi^t have been laportud.
Q And :f it vaa raportad it ia not laarkud on thia ou^?
A Ko air.
Q Waa any raport made to you or obaerrad by you oon«amin^
tho condition of th* wauthtr at i^haaa ' imaa — -tho rainfall — -
v^ athor it vaa or vaa not iainin^ A u-i-. Uarah made ra^orti
of the aaaauraBMnta mada by hia pvnarally in 1904 9jitrj iiam
there vac any rainfall.
Q Did you make anv nota of that on thia diaj^ant
A It haa no plaea on that.
Q I un not jaVkiwy; aakinp; yov. that. You didn't aakc any
report? / No .
Q Did you maka any obaarvation of the wunt of rainfall
in the different Maaona that thia dla^ai aztanda oTar?
~f. Only frir" '''^-! 'offlr^>
■vm^ff TT^ "^Bipr •:
L\J ±
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M ff E£
5 c o
HI ^ £
CO < u
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19
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22
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24
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27
2S
Q Tou did oxamina thaof A Y«8 eir.
Q Did you makt any obsenrationi on this ot^^ at tc i^t
the Mason's rainfall waa during Uia diff«r«nl. sab a una?
A I don't t>:ink +.^' rainfall is on t.'r.ia particular map.
Q Thttra is notiiing on this amp axcupt iiia pum^'iri^ or not
pupgoin^ of t^ie Sixtaonth atraat walla^ and tha alavationa
of tha watar in -vella No. 2 .-rd * } o Hailaan wall?
A And the name of the ouaarrer uno took tha racord,
Q I an BpeakiHt^ more of the condition of tjia ground; there
ia nothing olae noted on this tjap? A No there ia not.
Q Now wharaabouts is the Halloan wall? A Tha HelliMn
veil No, 2 is at the west end of the Y tunnol.
Q Tiie Hallman ^Tell No, 2 is the one w'lich t^ia diagram
axtiibit No, 36 de is «.th? A Yea sir; and arteaian well
No, 2 on the 90-acro tract. T^iose two well a.
Q Where is the Hfillman well No. 2? A That it; at tl-e
west end of tha Y 'linnel.
Q V/hero io HelUian well No, 1? A It ^.i^^it have been
intended to be at ^^-^ enat and of the Y tunnel. If bo, «•
have no me ';au reman to on it.
Q T\\ii Y tunnel ia ikirked on plaintiff's exhibit 1, azld
tho Hellraan well that you a^.eak of is Kixlkii near the est
end, or at iJhe northern end of the weat branch of Uio Y
tunnel? A Yea air,
Q Whereabouts are the Sixteenth str-.-et wells? A T\\9y
are all located on exhibit No. 1, and are numbered 1, 2, 6,
4, 5, 6, and then Haskell wells No. 1 and 2.
Q Doea your ^agram note what particular wells were being
puqpedT Dooi It 'iT« than a naie or a mabdr? A Tee sir.
i
Q In eaeh inotuioe? A It olftimt to, tacb ti,';e the veils
wvre pulping: but I soe tharv is a blank spaoa of tone die-
tunee, for sono months, and aoiBa of the veils were stopped for
a day or tvo at a time, I Vinom, But it is >'eaded such end
mi<^' noils puB<)i?ifr.
Q You a 6 reading? from a i>laoe on this dis^^ai vhio^ says
*8sn Antonio Water Oos^any puq»ed loll Me. &, Sen Ant'mio
Water Con^ny piaped veils No. 3, 4, saad 5, and Haskell Well
Wo.2— -" What ^)ae0 do^.s tha cot r? A July 14th, 1894, to
jHni.jry, 1905.
Q But yoi( knov during that tias (MM 9f thoM Villt ymn
not piJBif)in|^ A Sometiaea they stepped puipln^ for a dsgr, and
then uthdrs vould pus|) during the time, but they piaiped con-
tinuously.
Q All of th*m* A No. I a^>n*t vhink so. But oone of
thorn flftopped for a day «»hilu they voi'e being repaired.
Q There was eomo pusping ^in/^ on during thfct time?
A Yob sir.
Q But not frll bein^: puq»ed at once? A Thare was only
five lixJEiaBrrz there.
Q And they vero not all roinp"^ at one<»T A Sqbm daya toiN
vera bei nr: repaired, I know.
Hare y u any idea hov man.; of them? A It is vhat ve
eall oontiniaous puo^in/^, and we reported it continuous jtvupinr.
But seno days there vould be a veil the vould be eh«ni)!ed.
I knew that. When they had to fix the punps.
Q The first ono of these aatries ia *8an Antunie Water
Con9)any jptapinf; 2 veils." Does your disfrai shov vhat vails
L\;4o
w«ro 1>oiiV5 p«HP«<' ' ^- '^*^^ tira«T * WcjH, all Lh«» infur >-
tion wui? njp'OBed to ha ttkvn fro^ l.- iV.it ■lo, ^, ind 1 |>rte-
Biano it do OB.
wall end ^ • r • ' ^1. Oyer ./^ riod of ' i- . 'o b '
ontry r^? A It i.houl run ti^ . next entry is tj:;c; ..'luro,
'' "^'t, ''an Antonio Water Ooqpmy pun^in - }'a«koll well and
vs(ull lo, ^, Thut rune to the next ontiy? A Yea eir,
Pan Antonio fator Com;)fc.n' pi:; Jcdll well. That
1 .t u . > 'i^xt entry? ' "^ oBdd to, Tha is thu in-
tention,
Q And V'v. next ie ''on .*n*>onio ''ater . i
horo, v.'HiroTor you hayo made one of 'Mjbo rflracrk.!, tbi.t con-
i
d tion C'j^tlnuee till ♦^e n«xt one? / T^rt ic ''.ht intent ijni
^' .\i xj:i a.».;ici inBl.i-'.cuE yju r.jmti wn^u in-uni.i.o!) ic :iju gli- .
riud out? / I know for a bwrco of five or Bi> ' c — no
well c.'.n DiHo ^ire or rir :ont^t? ivhoitt r.to-j dn^. I
C' Ii M^^i-i, uivtuia nu un., GxBcrui>ttncy bo, a w.^a ai' i-.,
exhibit No, ^ii, and oxMbit ?Io, 2 — jcord c^ d in
.rhft-it »:o. 3, coulf^ vjx: roll up :' ir?- ir or.t litr^-. hi. j
oori't'.cL? A I ahokU-ci &u^|./0£(4i uxiUi^i;* .w, %i -uuia iu, i^i
the dia^am vaa 8Uy.)08ad to be taken f ro i exV.i^ it 5,
V And wae intonri..H tc. confo jtti *.o it? A Y< r rir.
I' iXiub uxhihi'w uo, u fihow ho coa'winutoufi ^u.i from one
day to unotber as you have > lo? A Yob air.
I dun'*- "fev 'Toi fu r^v, Miiy.ffwl . n, Ti«rM .ay ^« ^nti day
t' < I. ^nu Mttii ifi nuk< ^j •
C I :MLn ho awe infOiiiatiun iriiich you haT« on diarraii
jK-.
l04.
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4
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ejdiibit 3U will also be contained on aihibit 3? A Yes sir.
TIU^ C()Ui<T: You uean by th.-.t that diagrafii ^ is not mtaodd
to conttiin anv orie^inai infonnation? A No uir.
Q It Ib sinply a graphical representation of ..hat ic set
fo;-th on exhi it ^5? A Yob Bir.
MR. BHITT: Q Mr. W:i;-ht, look at that and state what
i!. represents? A That represents a line su^j osed to show
t.e fall of the land froa t>ie mouth of ttio canon to the lower—-
Q Wh t canon? A T!"-e mouUi of tne Cucaucmvja canon to
tf<« lov/er tiiid uf 'he Red hills, aad ciOHD: it takun fioia
the govonvriont goolopiioal ma^j by soale.
, On whai eca" e is this drawn?
/. 400 f e -t to an inch lonfdtudinally, and I ' hink 1000 foot
botweon each of these main linoi,. 1000 feet is marked on the
map .
f\ Te Bcalu in dio'crted, tVut iu, the lonf^tudinal soale
is fToator t^iwi Uio pependiculu'?
/. It iB 100 fert hotv/etn the linoB up und down, and 1000
fe-t the other way. Ton timt'S as rauch lon^ritudinally t)'.an it
is tho other way.
The Gomt: 0. It is mafyiifiod that way ten tiraeo?
A. Yob, air. The figui'os are all mai'ked on the map,
ahciv/ing thc! diBtfajicos,
. IThat is meant by the dotted line mai'ked respectiTely
e»i«t side hnd west side, nei^r the lower left hand come.
of the n.ap?
A. Thut is BuppOL'od to reprecent the ei.st side of the
cr'*ek or"! '>'•• Red ttih. TIiIr Iq takon from the fijeolof^ioal map.
0. Tbo Map of tho Cuoamonfz;a quadranfrjLo ulrf;a;ly in otidene ?
104S
In that the raap ro:er:ed to as the nap of the f^olof^ctl
P, Yen, sir.
C. I notice at one point on thialino ©xhihitinp; the profile,
appears "^^he inecription "llop Sirto^nth Ttroot well*
Vhut is meant hy the terra •top" in that connection?
AJt mefine th« curff'CO of "he fround at that point,
^. And vertfccally below that on the mi^ appear the
figuroB lCV/'6, elevation in May, l;/07, of wate.r. What
do thoBo t/ordc sifTiify?
/. The olttvation of thewater in the well at tht^t time, from
Ut, Cousiri^B teetimony in this case,
0. In thodottod lino which bears thti inscription "west aide*
appear the words "top well nO/ 1 ." That is meant by ibose
words?
A. The p^'ound elevation at well no. 14,
Q. Vorttcally below appear the v^ords •bottom Eady Tun^iel*,
with tho figuroc 129:5.94."
A. T^in* is the elova^'on of the bottom of the tunnel oi' tho
surface of thewoll where it ic cut off in the
tunnel at that point.
^, Further to tho ri ^ t and under the dottf.f! line apfjcar tho
words ■ Cucanonp?i Sprint^". What do those words sifT^ify?
A. Tliat sifTiifioB th(5 elevation from thi; tostlnor.y here
whero *ho spring rose ao testified to by fir. Cousins,
0. TI.e fifjiros ho ^vc were 13;52 fe-.-t . Tlioy are not-marked
there, but I inquire of you whethor that is tho measurement
to which you rof-: an tho elevation determined by him?
A It iE not: because those sprinrs are located on here as
— . .^ lot-
away below tlmt.
Q. My rocol lection ay bo at fault, T^iat was noroly ray Bamory,
Mr, Chapumn, Lot hirn finieh hie answer . Will you oontinuo with
thet? Will you explain what it is' on thut dia^an?
A. I should have aaid before, — whoro it ie marked as
Cucaraonf^ S})ring8 ie at the beud o^ the 50-irich pipe line and
not ac tuBtified to by ir, CouBina,
Q. What have you f^oton thu dia/^TQci? You havo not stated
what those fif^es are,
Mr. Brit-., Ho liasn't any fif;uroE there at all,
Mr. Chapian: . Wl-iat have you fptt.hore? You hive socie figures
here, have you not?
/. That is dimply the elevation li:l)0. It dooy not rufor to ajiy
thing except tiio ulovation of "Ohe f?*ound at that point. It is
BuppoBod to be tho elevation of the p;i'ounfi there.
C , Suppo sed to be by whom?
/, Taken fiom tht scaling of the geolo^-^col map,
C, And you put it th ere?
/. Yop, Bir.
C. %ich one of thoae linuB marked tht; liit)0 foot aleffttion?
Which one is it? Tho one lAiich is underneath tho figures?
A. Yofl, sir; the one rurining parallel with it,
Q 1/hut ar these olmrac era bore?
A. That explains itself. 1276 is tb. olevation of the
mouth of thoKady Tunnel.
Q, That marks tho spot at the mouth of the Kady Tunnel?
A. No; whoro tho water oomefl ou •
Q, I moun on thic dieiTon, tho place itself, the 1276 feet,
that is at tho lino itself rif=^t at tho words "Mou^ of Kady
10.. .1,1
Tirinel "?
/. Y'j«, Bin it is tho tsontinuation of tho atraipjit line,
A. And at thol250 foot nark is marked tha uleration of the
line which is underneath the fifruiee?
A. Yos, sir: itiE the riain line.
Q. VHiat it t)w differenoo botwuun those two? 26 fotrt?
A. That is the difference.
?. What is the ooir se of that lino?
A. It is about 14 def^preys south, oO — Sinply by the protractor
on the f^\»ommont map. That io c ppoaed to represent the bott>om
or otrai^t line of tho Kady Tunnel.
Q. And what is thu elevation of this ot^er extremity of it?
A. 1293.94.
Q. '*hat is ^he course of tho Kady Tu'-mel under the^ound?
h It ie south and about 12 to 80 degreus east. But it
meanders around at the i^per end, and "this line is drawn
sti'aif^t .
0. The ponoral course of itfrom the i;9)per extreme ity i —
A, About Sou^h, 10 or20 deffjrooe, eaot.
Q, l^iat io thtj line that intersects this Ion ^jr line betwutfi
the place on top of theSixtoenth Street wells of thsSan
Antonio Company/ no. 1, and theplaoe marked "two wells"
and runs off to the ri^ithand end of tho map?
A. That is supposed to represent the Bi.rfaoe of tho ground .
taking a straif^t lino over the center of Uie Hed Hill, and an
elevation narkofll472 at the top is simply from tho poo o^cul m
map and is the oluvabion of thtt hill.
0. Have you marked the Cucamonga Springs on that diagraoii
or tho place where they are on the f^o^ind?
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A. Ho, sir,
c'. Do you know ar-vih ing of a well orwolla owied by the Old
Sotile re' Cornpay?
A. No, air: I do not. I know by heoroay that they hare one.
Q. You have never ho n -^.o it?
A. No, sir.
Q. Aid you don't knovi v.'ho-o it ia?
A. I don't think I do,
Ur Britt: I would like to ^ispoee of thia chart, if you
are ready to proceed with youi* general cross extmination.
Mr. Chapmui: I don't want to lo ave thia ohart or nuiihor
38 till I aak enother quo a ti on or two.
Q. The Old f^ettlera' well dooa not fif^je on your chart
exhihitsa?
A, No, air.
Q, Nor on thia profile?
A. No, air.
Q. No difforunco botwoon the elevation at the Old Settl era*
well and the CucamonRa Springs, nor well no. 14, nor any
compaiiaon botwocn the Old Sottlera* well or anything else?
A. The Old Settler b* well doea not appear in any chart or
tcntimony that I have had any connection with, nor the
Lono Star wella. They do not appear on thia. But it dooa on a
ffpod many oth» thinp;a.
Q. It doc on 't on No. 56, dooa it?
A. No, air.
Q. Do you know where thoSunaet wella are?
A. I knov^ abot where thoy ure, bu t particulaily I don't
know.
Q. Tboy also do notfi^^a in either of these oharta, no .58,
nor thin ono which I suppoee ie to be no. o9?
A, Ho, 8ir.
Q. Nor on ibchibit 5?
A, No, Bir,
Mr. Brilt: Wo of;©r this profile \.o \ihich tho witnoFB tuKti-
fioB, aB Plaintiff a* Exhibit No. '69.
Ur, Britt: Q, Tlicre ie one question BUf^^etod by ^r. Stevens
abot this chart No. 39. Hereat the lower ri.tit hand comer,
tbe vonis "Cienogas, l&'J'i* appear: Vhat do thoae wordr indicate
And ther ; is also some shading.
A, Th se words tnd lettering indicate, the figures f i om
lo70 to I'ilO, and colored Ubcxxidi bluBih on the edge, repre-
sent the e '.; vation of Lho water ae it stood in the cier^pms in
1099— the elevation of the water on tha nurface./And the
figures '99 indicate the year 1099?
A. Yes, air.
Q. Mr, V rir^t, in lc99 when you had youi' neasuronont of the w
water on the east sidu of the Red Hill sbo t which you tes-
tified, WED all the wa rr on thrt side measiu'ed at the Creek
Division Box, or, ao it hac ■oaotijBeB been callod, loir No.
8? Vaa ther any other wat»r natiually discharging from the
sprin/j^B at tVat tirae, xAiida was not measured at the Creek
Division Box?
A, Yes, sir; there was a guod deal of water.
Q. I am speaking of the nuturul low*
A. Yee, sir. The cienefTXB wore flowing. The C>,hina
cionof^ and the cionog^ below the "Y" Tunnel was flowing
in 1899.
— — 1 0.^•l .
^ . You obsorvod 1.he wa'er in *B5 and '66?
/. I have none of uiy meEBiireaenta. H wao )Tr, Pitshu^ and
Colver.
0. Was thero any strom of water proceoding from tho cianogk
before the "Y" Tii 'lol was built, befb re there was any daTolop-
raent was thor* ? A, Yes, sir.
Q, Ih di .ioins the crook bolow the 30 inch pipe lino?
When
A./It was not diverted for irrigation it joined the
Crouk some 500 to tiOO fe -t below the head of the pipe line,
j pt above tho present county bridge.
The Court: Q. You mean 1>ere was a continuous strean unlep.siti
was interfered with?
/. Yea, sir.
;/r. Bri' ' : 0. Do you know ab'>ut w^at q:.an-ity of water?
A. Only by Mr. Fitzhiph's rieas rernent in 'ciS.
I haven't any neasurenents of my own.
0. You saw the stream?
/. Yos: I aaw the otreai:^.
Q. Did you eoe it moj^ than once in oaily timea?
A. I saw it a good niany times in those early days.
We measured it two month a before we co moncud work on fc "Y*
Tunnel, but we didn *t f^t it all, becauao a part of the China
cienoga was f-rthor west.
Q, T}at was before the construction of the"Y" Tu nel?
A, Yea, sir.
0, How was that atraam aa regarda being continuous?
A. I only knew it one aeaaon before we cornenced the "Y"
Tunnel .
Q. Were vou familiar with it after that aeaaon?
fif
lO-^i
A. Yob, oir ,
Q. How W&8 it then?
/. It waa flowinr: a p;ood otream.
0. Un if only? Tho botio size atream?
/. It was the aome collection as the other oienogaa,
gii. BRITT: Q. What waa the cieneRji culled fron which tlmt
sti'oan emanated?
/. Cfelled in theFitihuf^ meaaurcmient, theChina Cienega.
Afterward we calllod one cienopa below tho Y tu^-.nel wid tho
other tho China Ciene^a. At tho '.irae of Fit«hi^*B meaaui-e-
menta t'loy were oallod tho China Cienogaa,
T\t Court: 0. You never applied the term ■China Cionega* to
the ono west of the"Y' Tu nol?
A. Oh, no: itia abuut two or throe hundrdd f oct ,
0. Wher t'^e vegetable f^jrdon used to bo?
A, Yor, nir.
Cro aaBxaminati on .
Mr. Chapian: Q, How many cienop;aB ar*e ther in that
vicinity, orhow many were thcro ^en you firat knew tho
country in /085?
A. Thia exhihitno. 1 ehowa thi^t pretty fairly, axoept that
it dooB not ahow the area of them. They are oontraoted oonaid-
eruhly after lb85 yp to 10^9. Thero la one oallod Pic-
nic CionefTpi on tho northv/oct coi'ncr of the 90*aore tract .
That waa quito a litMo cierof^, and it ia not Bbovn on
lJiio map.
Q, Thoro v/ere aoveral different oioncgaa?
/. Yea, oir.
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Q. And *>^'oy wore of different elova' ions? ^
/. All tho cieno/^D would come wi'ldn 30 or ^lO feot of being ':
about the ame olovation. |
n. \71 on you conotructed that "Y* Tu"nel ^at effect didit
^-£lvo on tbe oionef^B whidi you hate been epeuking of, and \
the flow of the Btrean, in 1B85 or ••o?
A. The atrown certainly diminiohed bojio, as iho meaB' rmentB
Bhow, And t>n cio e^^s contracted at the hoad of the cienef^aa,
fbui- or five hundred fe;!t f am the mo th of tho tunnel. It
was pnictically dry in •99, ^
Q. Do you rumomber what tho aeanon of 'tib and '6 was aa o
tho amountof ruinfoll?
A. I don't think I do. I could refer to it, but I don*t
think I roianfcor.
Q. Don't you renianbor thi;t one of the bi^^-ect flooda we
ever had in thia country wao in March, 1866?
Wr. Britl: Thoee finiren are in evidonc on aome of these
charts.
Mr. Chaprion: Where ia the c'-art?
A. I huve it rirjit in my pocket. I could eay by refwrinc;
to one of thotablea.
Q. Well, look at It and nee.
>. 16B5 and '6?
0. Yob.
A. Tho rain all was HI ,83 here in San Bomardino for
tho 80 a son.
Q. And vVat waa it h-- year before?
A. 10.81.
0. And the year Bubaoquent? A. 14. &0
- Do' B t])b iiemoiandum that you h*YO there rl ov; Vc Uao
of the year the principal pwt of that 21 inchee took place?
' . Ygb, flir.
'':, When wae it, in Febiiiary orUai'ch?
. February there was Ji.52, March 4,16, and April 4«48«
0. What mo th wae t'e p^^eateet rainfall?
A. March.
Q. Do you r<jmumbor what exhibit it is that hac already been
int od ced that showB the outlines of the Cuoanon^ Ranch?
/.. There haa hocn no eud^ o^diihitintroductd. I handod you one
this morning that shows all of the land to be affectedin
this suit.
Isn't there
^. ia rk ani any map introduced hero yet that shows the
entire Cucaraonfca Roncho?
A. Not to my knowledge.
V. Who raado this miip that I show you now?
A. T^at is a white print ofw^iat is called part of the
Cuceoonga Colony land, and tho yellow lino repr eeonts the
outline of the Clicemonf^i grant, as I putiton tiyself ftiom the
patent, on tho east, south and west, ao far as this cap will
alloTiY it to be shown,
C. But it don't give it entirely?
^. No, sir;. it docs not rive the north part.
'" . In your diroct e raminaU on you testified that you re-
sia'veyod these ffiibdivisions and soctiunised inside of the
rancho, and that you oado it conforai to the Uhitod States
government sui-yey of pullic lands outsid : and adjacent to the
rancho ,
A. Yes, sir.
lOoV
C. DooB this nap ehov/ any of thoae outside lands on ths
eantorn oide of theCucaraonga ranch?
/ . Yeo, sir.
0. Is not the oaet half, the entire east half of section 11,
township 1 B0> th, ra-ifp 7 west, outside of the Cucanomra grant?
A. It is .
\ Is l>at txjue of any other portion except the east half?
' . No , air .
iix And the section 2 of the seme township — section 2, the
eant half is outside ond the west half inside of the rancho.
0. ^"^ croabouts is the oonter of sootion 2 and 11?
Does the Cucamon^'ja Flanch line run thj'ouf^ the center of those
sections?
' . Yes, nir.
C. The oast half is outside, and the west half inside?
A. Yes, sir,
Mr, Chaptian: If there is no objection I wuuld like to
offer this in evidence.
A. It is singly a white print from our Cucumonga Ooopany*!
lend that we hare a tracing of at my office.
Mr. Britt: I suppor.o it is o : ered to illus-rate -his
cro Rsexumination?
Wr, Chapian: Yes.
?/r. Britt: No objection.
(Defendant's Kihibit A.)
lOos
1
Q. Did you know theOucamonga panch lands prior to '85?
2
/. Only from drivinf^ over the ranch t.nd spending two
3
ortliree daye in 'b^.
4
Q . Wiat part of the ranch?
5
A. Prom Ontario north to the canyon, and eaetvard to
6
the Cuoamonga winery, and then east of that to the ranch liniti
7
Q. Did vou pay any at'.ontion ^o the watoBo of Cuoamonga Bti'oam
8
or springs at that time?
9
A. I think I made nomeasuiemont of wator in the west strMm,
10
at least I have no record of it, I can't find tho record.
11
C, What time in '85 was that?
12
A, I c>uldn*t ttill >/ou; I don't rem«nhor.
13
C
0. What do \ou refe to as the west straan?
°8
A. The water that was then flowing across the San Bernardino
-§15
is
county road at the west side or od|f^ of the Rod Hill,
FFICI,
SUPI
1 — •
CR
Q. Wasn't it flowing on thewost side of the hill at that
° 17
time?
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Q. '^as it flowing OB th« vest side of the hill at thut tiiil
A. It was VAter all rising wit/iin tat ■•ction froci th^
cienajogss and so on, and cams dcwi and flowud acroaa the
county road,
Q« Did the stream flow tVion in the sarae channel between
those two hills t at it did at the tias repreBcnted by this
map?
A, W at do you mean by ^ etween the hills?
A. T::'->.rv is a sort of a depraseion marked here W: ere this
stroa^i CO les trrou ti the Rod !'ilifl in section 4.
A. I understand t' &t this bluo nark represents the flow
of the wash of Cucaraonga Creok.
0, WHeroabouta did t]iat west e'roam flow of which you apoke ?
A. It croaaod t}i© San Bemsrdino road near the southwester-
ly i art of lot 3 in i- action 9,
:,;. And repreaontod on this piainliffs* exiiibit 1?
A, Tes, sir.
Q. And Tron wr at diroction didit cone in crocLing tiiis
road?
A, Nearly north and weatorly of north.
Q. It flowed on the v/est sida of the hill? Then it was
in thiij 90-acr8 tract?
A. Y»B, sir. It C0D8S on practically the saiae wash thht
is Uier« now on the ground.
Q, Tou say ' ou I'lave no record of tha t Mu r— ent you Bade
at t^ at tirae?
A. No, Bir; I was w;th Mr, Lynch Senior and we aade a r.Mas
uruu^nt, I an quite sure, quite ruu'^ly, as he was interest-
ed in it.
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— — — L.
Q. HaTc you any recoii«»ction of v at t>.« aoount waa?
A. Only va^c. I tan lell uu n at I '. ink it wei.,.
CU W'*at do yea think it was?
A. I U nk it was sorist^a g upwards of about 7b indiss.
0. But you don't rt» ©irber f e time of the ^uar?
/^ It ma quito warm weat' er. Tat in .^ o only factor
I can ramenbcr.
Q.I believe it wac in *iib tbi-t you firat bec»jne interoat-
ed in the lancu in t^at aection yuurablf?
A. Yea, uir.
Q. And you spoke of being one of four or five purchaaera
of a 8evon-th( uiiand aero tract?
A. Yea, sir,
Q. Wv^at die th>.t 7000 acres include? When' did it lie?
A. I could Tobably te.l a little bet tar from that last
exhibit, bocaui.e tiat practically showa the 7000 acres,
Q. The exhibit itsfdf?
A. Yes, sir.
Q. Did thut 7000 acres extend from the eastern aide of tha
grant to <iie wesl^rn side?
A. Kot to thewestcrji sido, except the Intertist t>»t we had
in the contract with the Chafffys— tiat the Chaf J'eya ware
to pay for, over to tVe west, and t-et is part of Onta io
now.
0. The brown or yellowish brown lines on ttiat diagnuB
which has been introduced as defendant*a exhibit *A" oairked
ths bounds ies of the ranch?
A. Yes, eir,
Q. Bid your purchase include anything alaa axeept what
-^x.
was in tRg"
ana
ir
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A, A oajority of our landB «aa outBia^ of the ranch.
Q. Ihich BidoT
A, Th0 OEHt cm isouth*
0. Dods D ofenduata' Ixhibit *A* show tie entire tnct t .
you purchased?
A* I t' ink the r.ntire map will taka in all of rhe purchase,
Q* How do you doacribe it (n this napt
A. It is Qoatly reproaonted by lines of subdiTiaion into
lots in the di fforent aections.
Q. Both inaido and outslooT
K, Insido and outside of the grant; and Ihter, the next
year or tli^it fall, we purchased aore insid* of vha grant,
from the Cuccunonga Homestead Aascciation, in section 4
and section 3.
Q. Thfit Wlb within ^he ^ont linu?
Km Yes, iir.
H, Did you buy any interest in the '.>26 acre tract?
A. No, Qir; except t at we had one half of thu water flowing
froa it.
Q. Boos this subdivision inside of the grant have any par*
ticular nana?
A, le always nained it in soctions. I continued tho govorn-
ment seetionising.
Q* Iliere was the Iowa tract?
A. It waa about a mile north of the line of the Cucanonga
HODSStead Association* That is on dof..ncants* ex>iibit 1.
Q. It ia notport of Uie lands which you purcl^aued?
A* No, air.
Q* Did you make no invoBtig tioi into thia water problea
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tofore you bo .^it into tKat?
A. As far em I >\ave any record of tJif BBaaurflnent, I htTt
not. I Ma ' t>.a #.iit«r fioiring, and J. C, Lynch idio had baon
thf; r.')anrL';er of t}ia CucMwagi C«Qjany for aona monUia pru-
tIous >iRd bexn over it lack and forth, and I boiv-rf-it in »ith
hiju,
Q. How oaiiy of you werr- intoreatod in the j>urchuao?
A, Originally thrao of ua got tho da^d. Mr« Wickf, Lynch
and myself; bat I took a half mtsr at— half of my
int(. roat waa intead-^d for Wr. llod/^ino.
Q. Tiaro i^^^ro nore tiian thrc:-. of /ou tl^t j .'^8 firet con-
cerned in tiia purcha a?
A, Four.
Q« Wio was Li) oti.or ono?
A* U« 'l.» Hod^ina*
Q. Tho rot ordof xhe firat aoaBUj-eiat^nt thtt you oada waa
that of 'e^^?
A • 'Die first record tliat I have yt of nry oim.
Q. Did you or your corapany ever cultivate any of thoae
lands voir solves? — of the 7000 acre tract?
A, I ti ink only by leasing to ot>;or people.
Q. What mn tlie first work t at wao done t ere to obtain
any water from tlie 526 t acre-tract a^*^ r your (urc ase?
A. I tr.ink the first w.rk th;.t -.'as done ^^a tho Inying of
tho 50-inch line from tlio creek division box.
Q« Abuii. w^ien was t at done?
A. Either the fall of Ifieb or early m *oo.
Q. Was i-he cons t.ruc ti on of this "Y" Tunnel a part of the
work that was done ^o obtain imtor f om that tjpact?
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A. y©B, air,
Q. By w at ccmjjany nia x ut done?
A. By tba Cucaniorvga Fruit Land Coaj^>any,
Q, "Sfae that a ccmpttny ori:3nii©d by you and your co-pur-
chaaers?
\. Yea, sir.
Q • And the purchaoo Uiat you made wan transferred to it?
A. It wan ail transferred to Frank A« Gibson and he trana-
ferred it to our cor,. -oration.
■j, TJie CucaDon(£p. Fruit Land Coriijany?
A. Yea, .ir.
Q. W-jit waa the naxt work done after the construction
of the y tun 'el, looking to ^h.e eazno ends?
A. The next inprovonent was on the weat aide of the Bady
tunnol— of any conaoquenc , I iiioan.
0, And t «t waa begun by the rucar::on£;a Fruit Land Conii^any?
A, It waa begun and con^jleted ae far aa that period of it
went.
C. 'i^o put down tjiia well no, 14?
A. I don't know v/hether it waa the Oucamonga Fruit Lund
Com]«ny or N, *, Stowell, acting for the cou4)any.
Q. If Stowoll did it it waa under a contract with the Cuca-
raon^Ei Fruit Land Oonpany?
A. Yea, : ir,
0. At t at titaa thoKady Tunnel had be -n axtanded up to this
well?
A. Well No. 14.B
Q. Yhb, tur.
A. N >, sir; it ..v^ ov jO foot from it or .. hundred, and
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1 poBoibly 200.
2 Q. How hif^h did the a^er 8 .and m wuLl no^. 14 w en it ?..:
3 first put down?
4 A. )fy nemory is it f lowed ov r the top,
5 Q» How der.p holR it?
6 A« I can*t tell you off liand* Tho aeasu eaDnts are in
7 here,
8 Q, Do ycu remember when t at was done? las t at in '9 ?
9 A, No, air; it w^is not *96, It was later,
10 Q. '97?
11 A. I think you will find better teetirrtony t^^n mine,
12 Mine is oemory only. I think it was '99, oyeelf,
13 Q. After it wa^! put dcvn — was it coiapletad or wae it
14 aftorwarns low rod?
15 A. I think it wat nevor lowered, but t' t I don't know; not
16 to ray poreonal knowledge,
17 Q. When was tliat well first cut down?
18 A. To V?' at dejth? You mean cut down to tjie tunnal?
19 Q. Not from tho Kady Tunnel; but vou say tiiat well was cut
20 down, if I romerabar rightly, some tims not a iffruut ivhile
21 af er it wao Bun|, or was t at well no, 2?
22 A* Tiiat w&s the Stowell (/ell, or well n . 4 that I testified
23 thsit to.
24 Q. W ere is that?
25 A. On the tnict a little northwest froa the 90'>acre tract,
26 and now flows into tho Sady tunnel,
27 Q. That is the StowoU wll?
28 A. Yea, sir,
29 Q* Welly no. 1 an d 2 wero not put d wn by Stowell.?
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1 A* No, sir; i.l ey vero put dowi by tb» CuetMOga ?ruit Lmd
2 CoBiiiany undur cor^trac t vith 80t»body, and 20 years a^ ui
3 !Bor«. I tldnk it is over twonty years •
4 o« That wo II or one of thea was cut down?
5 A. Yefl, air,
6 Q. \Wien wa- it first cut down?
7 A. Along about *90, I should judge* It watt cut dovm about
8 20 feot.
y Q. Was the water than siphoned into ther^ady Tunnal?
10 A. Mot et t at time, T at water ne\er did run ivto the Eady
11 Tunnel V' et I know of,
12 Q. How did they conduct the water froa tat well?
13 A. It came down through a lit*Ie ditch or a lower tunnel
14 t'&t waB nm into it afterwards, and then into a Masuring
15 box on the surface northwest from the 90-acre 'ract, and
16 carr ed d'wn in an 8-inch iron pipe,
17 Q, To whore?
18 A, To fhe. west Bid a of the hills to the CucaaongalaUir
19 Coiqjany.
20 Q. It never did enter the JS&dy Tunnel?
21 A, Not unless it ^as a s all portion of it. There was only
22 a small quantity antnrod,
23 Q. Did the waters fi-om the Kady Tunnel and th is well no,
24 unite at any place?
25 A. Not unloHB it was ri'^it at the head, unlossit ! ai>>peiiad
26 to bo turned into tJie a* aft
27 Q« It wan conducted by indopendent cOTiduits to the place
28 of use, w eroTer that nmy have been?
29 A, Yob, uir.
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(X Wien -vaa well no, 2 cut down the second tii»?
A . I don't know t at it was aver cut any lowar than ao ai
to flow out of the iurface. It is still standing at 60
fO'.'t aboTa tJio tunnel now.
Q. %F the watar divor^d by the sams means all ^he tins?
A. As long as the water flo//od out; but it stop>>ed flowing
years and years ago; no wator flowing since 6 or 6 years
ago.
Q. What w dl is that?
A. Artesian Well No. 2.
Q» Now, well no, 1.
A, I tJiink tJittt coaled flowing about twelve /ears ago.
It nevor did flow but t^ rep or four or five inc es.
Q. WsB t fit ever siphoned into the Kady Tu- nel?
A. Never.
Q. l-at water w^s it t at was carried into the Sady Tun-
|nel by siphons?
A. The Stowoll well no. 4. But tliat was only temporary for
Ithfet year, >«^iile we were drying to get the tunnel to tap
It on a t^ruxiQ,
Q» To tap wtdl no, 4 on a grade?
A. Yes, air,
Q, Did + ' oy do f-att
A. Yee, axr.
Q. W}i«i «ie the Stoweil Well N , 4 put down?
A, In 18W., it was started, I guess, and finirfied the
lyiane year .;er; &,;s .
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Q. And siphoned into tlie Kady Tunnel?
A. Probably ^^ia next year to y oorxienc^d to iiphon.
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Q, About how rauch jfat«r did it carry ti;«if
A, I don't know how -a txi it carriod* The well was oatuaat-
ad to flos7 about 100 inches. It didn't flow ^ at ove Uio
surface, biit it wau ostiiated at 100 inches at ^he tunnel.
Q, Anti ou don't know how cnjch of it flowed U.rou^ the
sip} ion?
A. Not all of it, but 30 to bO inchoa wont in.
Q. Did the Esdy Tunnel event -illy connect ^^ith tlv t
well?
A. Yoa, cir.
Q. About -rtien ^«ls that accmpiiB ed?
A. Soaotim) in '98 or 'Vy.
Q. And about how far below iaie surface of the <^;roui]d was
the Bady Tunnel when it did cut th^-t well?
^. Very clooe to 100 feet. I haven't :;ot the exact figuros.
0. About how Buoh water did ^he well give at tt\bt tiaa?
A Approxiiastely 100 inches.
Q. How long was it befo!^ the Sady Tunnel was extended to
cut that well no. 14?
A. That was idong in 1903, before U^ey got the connection
flBxle, onn posribly 1904. But t' '>it would show better by the
records of DioPower Coopany.
Q. By wliom was t t accomplished?
A. Tho connection was nado either by the Ontario Power
C«qpany or the San Antonio ^ater Compaiy.
Q. The Cucamonga ?ruit L^nd Cos^Any h ad before that dis-
posod of the tunnel and rtsita s t i axnndxlkexuddt well bot^ ?
A. It had disposed of ihowoll bnct t.ho land around thewell.
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Q. Hov near ud tho CucaAon^ ?ruit Land Company casie to
thla woll no. 14 with thii Kady Tujuiel before it dia-
pOMd of it?
A. I don't ti^ink I ha?e any record. Perhaps 50 or 60 or
80 fe«t. Toy \tiil already run in one lAumol, trying to siph-
on SOBW TAter OTor.
0. Did i.) ey accomplish t ett
A. Thoy holi>ed ease the water.
Q. How ouch did t ey get into the R^dy Tunnel when the Kady
Tuimel itself tap|)6d Well No, 14 on the ^rade of ti e tunnel?
A. I don*t know. It wau a god strtam of watur.
Q. Did you oake any tasasur m nts of ihe tot&l amount of
water flowing f^om the Kady Tunrtsl after Uie well 14 was
run through this up^ier tunnel and siphoned into the lady
TuiDiel?
A. Not unless the iMa8xu*eci(vitt nay V^anre bejn ohovn at the
wnith of the tunnel on ti-iis Sxhibit 52.
Q* «6uld Kxhibit 3 sJiow it?
A. No; t at only ahows from *94 down*
Q* What is it t at you have in y.-ur hand t at you aay nay
■how it?
A. Sxhibit 52 that was introduced yostorr ay morning. It na
show the aaount of ater running at different tines.
Q* Can you toll by the measurementa t>iat ajJiaar on ^ht-t or
foantities of ater ascertained by ■easurements that were
mde after t};e tapping of Well No. 14 with the upper tunnel
and 'he siphoning of tne water into the Sady Tun .el, and
#iere the Eady Tunnel had reached the fell No. 14 on the
gnule of the tunnel?
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A. I don't Uhink I could teil accurj toly. I don't kno* Uie
date well enoKxi.fi,
Q. 7 at vrero you Hkiiigx naking thoso oaasureiaoiita for?
A. Most of thase meaBuracaente at t^ at tinB were nade for tht
purpoaea of ^hQ UcPheraun caaa.
0. That caao waa tried in 19' ')?
.^• In Ptibynary and March 19<)0.
many of
0. And knc iaap; aJdlax thaae monmireracntM , which wara intro-
(iucod,w«re nada, prior to ^he c ^ , . .iir . *int of the auit?
A* Mary of Mie older onea wara oada before. Many of tham
bada to aatlnate— , woii, to ;et the amount of at r floving
for the purponaa of the stock of UieCucuvxnja ' < ^ i c .-
pany.
Q, Ti'.at ie, to d' liver to theai the atiount which ^iie etwck
called for?
/^ . To deliver to t on tha amount the slock calXoa for^ at
naar aa wo had it to deliver.
Q, Didn't you in the couflo of _/oui- efforts m uiut aec-
tion of the country to increa e tha water au^'ply, maka
oaaflureiatinta from time to tii^ to as ertain the of for t of
w at you had done with raBrf^nct to increasing it?
A. Why, yoB.
Q. Vien you aiphtnad part of iiiis wat r of Wall No. 14 into
tha Sady Tunnel didn't -cu make xaoaauraiziunta to ascertain
the extent to which \cm increased the watera of the JSady
Tunnel?
A, Aftor thtit Well No, 14 «aa 'oo^;un I only *ant tnuru par-
aonally by request, as I had alrendy 1< st or dispoaad of
all ny interest in t}io fruit Land CORii>an(y. I had no ^^araonal
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intevest* I wontout r en I was hired to do certain things.
Xlr. Stuwell was in entire chtrf^,
0. Had yf'U diBposeid of your interest in the Cucanonga
Fruit Land Coiai)any till aft r the oonveyhncc by tat com-
pany to the Onta io Powor Conpany?
A. I dispoaed of ay intcrust at leaat twelve ytart tgi*
I think it was *96 or U.
Q, Have you made your aeaaurooontB there for the purpoie
of aecertaining the quantiti«7! of ^^ater and the increasing
and dirrdnution ainco that tifjel youraylf?
A. Yes, air; as I «aa hired to (^o out and do it. I have a
recorci of r.jy laoaaureur nts.
Q. You were then ociployed for the purpoaea of tho contro-
Yersy with ycRierson and othera?
A, Yeo, air»
Q, Your first moaaurenent of July 15, iBtiS, at the DiTiaion
Box. in t^e creek showed a fiow of 184,56 incheo.
A, Yen, air.
Q. There, had boon a measurecidnt coade by Culver previous to
that?
A. The year previous; yas, sir.
Q. And Diore wao a considorabie quantity last in 'CV w!;en
you neasureci than t- an w en Culver f.:uasjroc?
A, Consif^oranle more.
Q. When you raoaaureo it?
A . Yes, Bir.
0. Ana whon waa your next meaeurerient ?
A, Tivi year fl lowing
Q. Whan vas it then?
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A 260.03 inches.
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Q, Do you reiaw bcr :- t urac-o vi vhe tLusi n v. i 'ov-VO
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as ^^ th0 qiian^^ty of rainfftil?
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A . Y'^p. , ^>i !".
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A. It was very ^ eavy.
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'•''»• It thr heaYiefit t at ^ ou have over kri . n in ihiB
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count 7?
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A. Not, tho BOBt irK}i«8 fall-- I thi»ik I knew ono tiiat «a8
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h6tivier, but It nite per ape the next heavieet.
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Q. ^\ava> «au the heaviest?
12
A. I t ink it ae in t e •70'b; bui t at xs only meiac/ry
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0. But Binc« you bou^^t into the Cucwrjon a country in •fab
5 S S\ ,
the eeuBon of 'B^ and ft90 was the aeason of ^ettest ruin-
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fall?
A, y<>«, tir; to ny knowled^^e.
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0. And your next OBasurecient vas nade - esn?
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A. TJie next neeHur'r.ient I bate waa S-eii^teinbor, 1 , 18V4.
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That ia, four yehra later.
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n. And wV'at waa it *^ ad^
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A. T^e Tiain b ream wab 160, ,51 inc>ieB,
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0« f^at tirjB of the year irae t^iat?
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A . Septenber I'').
24
Q. Then our noxt neaaureimnt?
25
A. Juna, the year fell -dn^; '90,
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Q. And was w'-at?
27
A. 19^<,53 incheB.
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0. Do you remember w at iiiu chaaacter of the aeation ofi .
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1894 and •:) waa?
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Q. Wl at w'lB if
A. It wns a <3;o(d e&son. It vas a wet soason.
0. And *>'o next neaBurwii^nt waa lf^9f) and '9 : low was t at
seacion?
A. !Riat wac & t^o-t n^infall.
Q W^en cii; ou nttaairo it?
A.I didn't perao ally meaaure nejct-- V--^. nar.t thrtj noaa-
urenynta I h&vo ware B»de by r. IrHttA,
Q And V.oy were f/'at?
A. 1«9.' . It waii 1.52,40 inc ea.
Q, And '.i,o next?
A. 104.90.
Q. And to next'
A. Jhoca 76.68.
Q. Hnw was l^e aeaaon of '96 and *V for rainfall?
A. Thut wuB a fair averaf^ seaaon.
Q, And w at waa the first maaaurei.ioii r, xn uiu joxii...iii^
■uczner or fall?
A. 104.90
Q Prom your ' baervation in Ui t aec'-icn ui ccAint:y ana yucr
eaqjorionco generally how lon^; after ri aoai-on of ruinfall ,
frtiother it be great or Bfiiall, la it before its oficct la
fUily fejt down in tho vicinity of tJeCucHcionaa S>iX'in^?
Mr. Britt: Objected to aa not proper croaa exaciinalion.
Mr, fri:^it has not be n introduced here for r^joae of
•o«oalied expert eviduncu, anc tJiia ia calling for opinion
and conciunion of the witne h about naat era aa to which I
don't know v ether he ia prepared to give acicintific avi*
AiBux
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HKt denco or not* I think X do know th t it ii not proper
croaa yxarunation.
Ikro Court: Wai ho axam nnd on ex ert lin^s on Uk. . nuor
heft r in/ ^??
Mr. ChaiJDMLTi: Thie is not export opinion, but it is on ob-
served fact frcHn thu tiaw of tho season's riiinfali when the
•treaa below was a'r'ected by the rainfall, und I ai; sj«eak-
in^ of this country during the tioo ha ha*. Imf.-Ti it, from
•85 until this ^iiae; and I submit Vtt u.tj croea cia;..int4i.ion
of this (ratnesB or arr/ other in this case on this s bjaot
ow,^lt not to bo broiviht within such ?ery narrO'/ limits as
coimo'd inaifits upon. We know that the sole oboct of all
the witnea«'s bxarnina' ion in chief is to suv^t^t to the
Court's laind tliat t.lie tunnel or tiie Ktidy Tunnel and the
Sixttijintii troist woIIb ana i,hp Fourteenth Stroot wells have
an fcf ect in dinini..hing the water in the Cucaniomria Springs
•nd periiit,>B in othor places whero tiiey aro ciaiuing that
the waters Irnve subaidod since theae U;in''8 wore oone* Now
we tMnk wo can s^ow tha same factoids that ' ey are en-
deavoring to proaent to <,he C urt were taking place be-
fore *.>ier© was any Sijctecjjt^Ji Stroit or Pour to -nth Str- t
wells conr^ecteo ith the Kady Tunnel, and even an oavly
as the very beginning of thcKady Tu-nel; ana we ou^it to be
permit 'od to show liuro to -ho ond u t u theCourt may jua^jo
of tbo value of the testimony, ana he proper inforencos or
conciuaions be dru-.n from the whole situation.
The Court: Your idea is t at it is not an expurt opinion,
but ruther an observed fact?
Mr. Oiupoan: An obuerved fact.
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MR. Britt: I a^rou with ccunuel t; t Uie witness taay be
intorroxj^d as o any factQ which would illustrete thu case
batwaon the boring of a woil in one piaco ana ihe disap-
pearance of tiie itream in another. Bui ho is aakbd hera for
a conci aion. And unlaes he is an expert wit.nnnr mr.c. ncvum"
tooed to sake thone deductions, tJie Ciurt li. au o nt to
draw such & concluaion as th© witne^iz;. And ho ouj^it not
to l)e iiitorro mt d, we not Viavin^^ off rod Mr, Wri ht for
tho purpose of scientific or opinion Viconc, , He ou not
to be inte !T0 -ated on conciusions at ail, but ;oy be in-
torrogatod as to facts and fi^rures f om which the Court
will draw conclusionB.
T^ie Court: T>ie o ly quoation is tho purport ana effect
of this question. (QuosMon read.) I 'hink Ihcquestion
involvt;8 not only obsenraion but ox^jort knowled,:e as cii.
Mr. Chapan: Q. I wi_l fraioe the question diffe.-ently.
Have ou obsorvod as a fact, Mr. frif:^:t, tlat af t -r a season's
rainfall, there does api^oar id\j ai forencc, in u*o aoouni of
water fl wing in the Cucamonga Crook at theCucamon 'a Springe?
A. I >'£>w observed t at tore is more; but we always use
A*)d I always used to believo and do qret, t>:at we 4on*4 fetd
tho effects in the Cuceunon a Springs or in Ois articular
locality the full effo< t the first season following the
heavy rain.
Mr. Britt: I ask t}iat t^e answer of '^e witness b« ttrioken
tut a.*^ not ret;pon8ive to thequestion am, secondly, it is
expr'jsaive of da ductions or oonclusions upon a natter —
l^ie Court: His ans er is like Jun ;t; Cua^^an's quest on. It
covers both branc>.es. He s .ys I have observed ano ttien also
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i > ^
■t&tas a t;6ory. The motion ^111 be ^rniiXAit, I thmk j uu
hud b«t?.er rtraci thociuoBlion to ^' <^ iitnofct and let ;.iifl
ans^ort
Q. Did yuu obs' :rv« as a fact t' eit after a season of honvy
rainfall there would bo an increase of i/ateis in 'ho rucazaonga
Spi-in^s sorjtt time or ot: r subaoque/iMy? Bon't Bfa.y *:;fen, b
Imt did you obsonre tl ut auch a fact foiiuMtd.
A, Yes, Hir.
j. Have ou obeu vod It raoro Liun cticu?
A, Yes, sir,
0. About how long after U-.e aeason's rtiinfall would it be
bef . re ou obat? -ved t' fit fact or i -it effect?
Mr, Britt: I think t- at is a le.;_^itiiaato question, relating
to the witness* obsotvalioni but I don't v/ant tiio .'it ess
to eab&rk in a tlieoretical ;;tateEient of ■;, at V.e buli<ivt;s ••
>. I have observtid an inci'eaae, soae ad. But lie effects
continuea ovur tlie ne^ct jpax ae&iion.
Q Havo you obao vcid after years of soall rairjfall tliat
it hais btjon fallowed by €tn obs^;rvud diaiin tion in tlie quan-
tity of 'ho Suream?
A, At futurt; nines; yes.
Q. At about .;!iat len/^ of time?
A, Before Mie sprim^ and cieno^^s ould shot the of fact
much it would be a year or more.
Q. About v;hen die. the CucanionQa Spria^s begin to dicdn-
iah in quantity from ystir to ye&r as you hate obsi-rvcd?
A, You ref'T *o 'ho cre'.k «ater?
Q. Yes, 81. ; tlie orcjk vat r.
A. They hate ,^env rally diioinished every year over tinco
kJ
1
2
3
4
5
6
7
8
10
11
U
X- 13
al
z « 5
«.i 15
a <
is
16
17
18
19
20
21
22
23
24
25
26
27
28
29
•vo
, txcept U-^year 'Vij whon
t>:(
jy
increaottd ali
'tJLy,
and
the
])a8t ^ar, 1907 ihb^ ^nc
reaaed
over tit
ojr •' y re
two
ye ra a,iO,
Q.
How WEB i.he yoar *9b ana
»;
and '96 and *'f
aa to
Lhe
tfli'
'int of rainfaii£ aa conpartKi
wii
t.h throfi or i
'our or
five
years 5)reviouyly?
A.
*9b and '6 t);(;re waa a v
ery
li
• t iainfall,
, '96 ana '7
watt
an aterage rainfall.
Q.
And how was 18V4 and *b?
A.
A /laaty rtinfall.
0,
And *92t and M?
A.
Vary li'^t.
Q.
And '92 ad '3?
A.
Thiat mB an averaf^ rain
fall.
0.
How L-! !ch?
A.
19,62 do n nere.
Q.
And 1901 and '2?
A.
Tiiat watj a /^ood average.
17,
.42.
>
Q.
Arid 1902 and '3?
A.
Hiut in a mistake. That ana-
er
of mine abo
t 1901
and
•2 ,
La wron^y. It wa;-. 11.1 >.
Q.
And 1902 nno M?
A.
17.42.
CI.
And 190jS ana '-i?
A.
9.57.
Q,
And VjOA -n 'h?
A.
20.76.
')
And 19013 and *6?
A.
19.M.:.
8
y
LO
.1
L2
< ^ o
a - 5
IB < jj,
_: o 3
- «
L7
L8
19
20
21
22
23
24
25
2b
27
28
29
. And 1V06 and •■/?
A. 22,61.
Q. In your diruct exaLnnation > u were aaked if >ou kiMW
about the hiutory of 'ho ao-cidied SiJcVj^nth S re-*! welle
of the San Antonio Watur Cou}.)any to the north of Bast Lxiiu,
and ou anew© red t -t you only knew the SJLxttitjnth Str-- t
well v^iich yi-xx thou ht wai Weil Ko, 1 of \h:: San Antonxc
Water Cooqpany that cot:?2encfcd in '96 or thtreabouta.
8. Conamced jjuaipiw^; yee, r;ir.
Q* And the Haekell wellwau soiric yeuru later ano co.x.enced
possibly in 1899, that that was 'lit- next one they did
cou «3nco pumping. You were then aaked w at dia .ou notice
aa to ^l,G diu&p;/eararK;e of the water in the Cuc&£jon^.;a
Springs on the Kaut aido of ha Red Hills aubaequently to
the operations of the San Antonio Rat r Coi:yany in theHaa-
kell wall and ot'ier wells ni^rth of Baae Line. You aji.^ crca
that th© water of :.hd Cucamonga Springs fell quite rapidly
after 1899 as shown by the various us aBuietiiunts. Did ou
no:.ice anything along in Uie yoars from •9i) and '6 down to
1901 and *li other than the pumping of the Haakeil wbils
t)iat concurred witli this falling off in the Cucamon, u Springa?
A, Do you mean any otiier developniunts or pumping in tiiat
Tic inity?
Q. Or diaatic conuitione,
A. The jie-irs were dry. Tiey wore v'-at we call dry years in
•99 and 1900.
Q. Ana any other years about Uuit tiue?
\. Yea, air; t ere was a se ioa of dry yeurs,
Q. During thai period of dry years did you notice gtne rally
■-'
[.
I • '
3
4
5
6
7
9
10
11
12
13
7 r c
5.2 15
00 < ul
- a.
-• O 3
16
17
18
19
20
21
22
23
24
25
26
27
28
29
in Southom California?
A, Yes, riir.
Q. In tho year 1900 do ;ou know ht if ah thing vm done
witii reforcnfo to t-hu "Y" Tuuncl?
A. Too, air; I do.
Q« Hiat WEB it?
^. It «ao dooi)e.m'd at *.he upper and and lowered neerly
10 ff) t so as to r»k© a bet,-v.or ,.;rade — not a r.tnftper grade.
Anb thore va>< two wells bored at tha up|jer end of each
branch.
Q. And they flowed?
A. Th>3y flowbd i" to the tunnel.
Q. That vae in 1900?
A, Tee, cir.
0. W^at tinfl in 19 0?
A. Co .cncod wtrk in May of t at 3'ear and they jjOb^ibly
coHpletod it t}iat year or early ihe next year.
TfiO Court: You ave «ivtjn soco fifjuroe on 'iio airfaii m
San Bernardino. How f>tr in a strai^t line ia tlie scene
of tbiH liti^tion fron San Bernardino?
A. I could atete better by tho rifip, but it is ap^jroxiiaate-
ly twiinty miles, and almost due woot.
o.How doeB he rainfall coupare in ^^o ^icinittee?
A.I think thi^- ifi noro at Cucaraonga Uian t.,.ure is hero.
^ Cpji you f^ive us nny idea of how much raore?
*. Only f;-on statements f on others. I think ^ ^^r* is 10
or 15 per cent, more thorc t^an 'ht*ro is hurtJ.
Ur, Chapman: ). W ere?
A. At Cucazaonga.
3
4
5
b
7
8
y
10
11
12
13
s ►- k-
< i o
M -. £ Is
n <
O 3
16
17
18
)9
20
21
22
23
24
25
26
27
28
29
Q« Rainfall?
A. Y68, sir.
Q. In tiiio plai!itiff*B exhibit 37 I boo that ^her« is a
square inaiclo of ijhich tb'^r*- ia tfi rked 526.97 acres. le
tJstt Q\ti a ;ne 526-acre tract or a rc^jroeentation of it on
thifi dia,-ron in the Cucamon<.ja Itend of which wo haia
be on Bj^eJcin^^?
A. Yes, air,
Q. IiiBide of the aaoB square is ca rked CucaiaDn@a Land and
Irri^^ating Coiapany, V at is that intended to desi^iate?
A • Intondad to desi'Tiota Ui5,t they ore t; e ownera of ♦.he
land .
Q. Intf^ndod to designate that the Cacanonga Land and Irri-
'.Bting roD]3any is *ho owner of t' et l<;nd?
A, Yes, air,
Q. Tltat ia ^he tr -ct of land of which r-ou say you boujit
one-lialf of ^he vvateiB in it?
A. In 1 0,
Q.^The Cucauorif^ Land and Irrirj;ating Comi^ny had not been
organia d at Xhut tiros?
A, No, cir.
Q. Ab I roLiefiiber it tifaa incorporatec* in Io'p./?
A. Yes, Bir,
0. The "Y" Tunnel ie constructed in that tract of land, is
it not?
A. Yes, rir,
Q, And the waters which it d.Telop cone from that tract?
A. Yea, nir.
Q« Did ou have any arran/'iement with the ownera of the
i »
_ C K
2 2
i «. o
< u "
2 ■ £
* * s
- O D
- •»
1
-y
t-i
3
4
5
b
7
8
9
10
11
12
13
14
15
16
17
18
19
2i)
21
22
23
24
28
29
ot>er half of th.at water mbout the con«l.ruction of timt
•Y" Tuimel?
A; Mr. Heilci&n repreeonted '-ho other ojmers. At that ticae
there was five ownora in the tract and he wa- one of the
fivo, and o practically controilod it as far as t.ho lay-
80, and he r^awe us tlie wermiision to '.'q in and conHtruct
the "Y" Tunnol and trench out the ditrhea and lay tnepipe,
and tl<oy received ^If ^he wa^ er and we received '-he other
h«ilf.
0. T^^at is ihe way *.he division came to be made? You oade
it vlth the owners of the ot! er half of tiie waters?
A. Yon, ir.
Q. Did 'hm pay any part of the expenses of dtjvel pnaentt
A. Unf rtunately tViey did not,
Q. Where is tho Lone Star Tunnol? Is tne place whore that
tunnel ia located includori within the bcunda of the iract
tliat is represented on that Exhibit 57?
A. No, air.
Q. It ie indica' ud on tiietract on Exhibit 1?
... Yee, air.
Q. The head of that Uinnel jb on w at tract of 1 .nd? How
is it aoBcrilitid?
A. It 18 in lot 11 — I dtn't aeo the block— of iho Cuca-
mon^^.A Homeatead Aaaociation*
Q. And north of Base Line?
A . Yea, sir.
Q. About how far north?
A. About a thouaand feet or a Itttle lass.
Q. ¥ ere are t)ie two wells of the Lone Star tun/iel?
\r
1
2
3
4
5
b
7
8
9
10
11
12
X- 13
u
Z '- ►-■
5.i 15
GO < uj
i 16
17
18
19
20
21
22
23
24
25
26
27
28
29
L Ti.ey ai-e ahown on Plaintiff 'a iuiiibit 1 at tiie haaH of
this tuniicil, and well no. 5w which is in the norrhheaut cor-
ner of loi lii,
Q. And how far la that kn. wuil no, J fron Vne Baae Line?
A 620 vv 630 feet,
Q, And racing from o at ',0 weat, which la tl:e laoat norther-
ly, thij Sixt©«mth Str^iot walla or '.ha Lone Star Weila No. 6T
A. Lone Star Well No, 5 and ''e Sixteonth Stre t wella are
all en oracLloally the aane lino oaat nd mvt
Q # Do you know ^iiat the contours are thert? T^iey are not
repreaantori on that map, are they?
A, I h^ve no data to tell me -he coo'.oura there any more
than the geological rap woxild tell, I >ihve tht elava'iona
written on every woll on this cap.
Q, VMftt is he elevation?
A, .* ell No, 5 la 1368 foot; &nci of the Mtst Haskell well
or well no, 6, 135*3 feet. Five ft; ;t dif-ercnce,
Q. And Ihe Haakall «o-ll haa :iie ^jroa-or elevation?
A. Y^ia, riir.
Q. How ia it with thn Rubxo well?
A. That is oown in an arruyo i.nn la 1396,
Q, W at do you ueon by "arroyo"? Do you metji in the Cuca-
aonga Witah?
A, I hiV'^ hoL-n roading tiioK>; oluvationa oi Lne bUvOr, I
dicjn*t H'^an 'o do Vnat* I do not aee the elevations of tha
two Lone SUr wells i.iiere,
Q, Howis it on theao other well a? Ie it 'J;e vati.r oiovatxo
or he surface of 'he ^;round?
A. T^iey aro both given on t)\e other wella.
]■
4
5xS
< S o
z ' §
2 -• K
a < ui
_ U D
L
2
3
4
5
6
7
y
10
11
12
13
14
15
16
17
IS
19
20
21
22
2i
24
25
2b
27
28
29
The Haiikeli veil, 1461 , as Ue »:round elev&tion, &nt iie
water .'RB 139ii at that date.
Q How waa the wa'er eidvation at the Lone Star No. b?
A. I5bti; and 'i^ie round elcvbtion is 1 . .
Q. Now oil these wee tern wells noe. 1 ana ii, are *iie «1 ova-
tions Li&rkdd t.i ore?
A. KlovaT.ion of well no. 1, 14^0, ^jround olevation.
Q. Anti t,' e water?
A. I dcn't Brte the wat**r thore at ail. It is aarkud on
soEie of these other exhibil.s. It is marked on an exhibit
tuiTied in by ':'>r» Couains laat May.
Q. Both the vater elevationa and Uib surface of the ,.uund?
A. Yeij, sir; tljoy bcth are marked.
Q . About when ditJ the China Garaen cienegao dry up?
A. On '.he t^aat aid'-, do you re't-r to?
Q. Yes, sir,
A. They practically dried up in 18W and then we dt3velo;>ed
ar trifcd 'o deyelop a litMe uore, so t^mt we had a suall
flow in ll/OO, But Uioy were mostly dry in '.y.
(.! , Do ou know aVout when I ey "^e'^yan to diy up?
A. They he -an 'o dry up, Uiat is to say, they ducreased
▼ery fast at the time of putting in Uie 'Y" Tunnel in *bb
and '87.
Q. And wtii: ti'o v'utr nov-'r restorua a: u;i- U:at?
A. No, sir; tiie tunnel and trench was too near thaa*
r ey ero novor restored back to w^at they wnro originedly.
0. Do (u know an>'thing of theChina oii, bo-cuiiod?
A. I kno.7 whore it is, and that is all.
Q. Do vou kno'.r v/hen it was borsdl
I » ^
1
2
3
4
5
6
7
8
9
10
11
12
13
aog 14
2 ■ £
a.i 15
S < ui
:*" 16
17
18
19
20
21
23
24
25
26
27
28
29
^. I know about w^uen it was borud. I laijht mien it one
year.
Q, Abov'* :n?
A. About 'VB.
Q. W ore le t' at well?
A. It is weBt and a lit, tie aouth of the Ifoiitaan W-.ii No.
2— bet ovn tharo and tho Creek.
Of No. 2?
A. Too, aj.r; at Jie end of the "Y" Tanned, it ib aou^h
and wtJBt of it.
Q. About how far? What are you deaignating ae Well
No. 2?
A. I!eHc«ji Will No. 2 at tho end of the "Y" Tunnol.
Q. And not thie well to the w at?
A. No, eir.
Q. How far from t at?
A. Sonewhore from 600 to 800 faot; poo ibly 1000.
Q. ihich wa«j the last of t.boao aprin-^o to ary up?
A. In l.he creek ilQHif?
Q. Yea, cir.
A. T^ oy no or c o dry entirely, T ey aiwaya flovreo aorne-
thin^^.
Q. Thsro wa^^ water flawing fron tho China Cionega when you
firt'.t kno V it?
A. Yoa, sir.
Q. And tiut, OM aay, has all dried up?
A. Yeo, lir, in Ib^j^J and 1900 tho China Sprijvra vaa all
dried up. Me tried to puah in a litUe ipe line and we got
■OLiothing for that Beauon, but it ran out*
. Tliat
-r — T r-
JT 15^
3
4
— M
9
10
11
12
13
14
15
16
17
18
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21
->->
23
24
25
26
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29
A. Yob, uir; 10 or 20 feot below,
Q, %B tlftt Uie laet of the clone ;,U8 to dry up after it
raisod?
A. No; bocauM at tl at time the oionoga balcm the aouth of
the "Y* Tunnel waa still running aoDie water in 1900 and
1901.
Q. And v/ an dia t t cease to flow?
A. 1 don't know. It wiifi all dry in January, 1V04.
Q. IIov/ long before had it dried up?
A. I don't know.
Here theCourt taJcea a recesB until Vtfo o' cluck.
AFTfiHNCK^N 8KSSI(*N:-
llr, ChupLaii: Q. Vbc^ 1lh:iv;ht, I spoke to you tiiia noming
concoming the Lone Star Tunnel. I bolievu ^i-ere is more
thtin one Lone Star Turuel, is ere not?
i^. Then; iu a Lone Stt^r Tu/inol that was du^ along in the
latter part of thb 60*8 at one m1 ovation, anc since then from
about 19C'0 tney mve connected belov tue tunnel that rxmn
throu/-;h t>ie 90-acro tract and r^oos up into tho Lone Star
tract, at perhaps 60 or 70 foot lower elevation,
Q, Ana w at is he l^^th of tat tuuiei last construe tod
that you spoak of, in IVOO?
A. I could only tuii it by scaling on the laap*
w. C€Ji you til Or. it to ua on iJie raap?
'X. Yob, Lir; 'i.e laat (onstruc tod tunriol etartec just
above the conter uf soction 3, abovo Uio Old f?^ til' rji* sand-
box, on plaintiffs exhibit 1, and is delineate c on ^^ uap
exliibi^ 1 to Baao Line, and f om t>;ere it io na.v conutruct-
•d to about Well No, 5 and tiie Lone SUir tunrel on tiie north-
•eaiT^-— V of fho Lc* 1":
I
1
->
3
4
5
b
7
<>
10
11
12
z 13
al
« 1 o
z * 5
m < jj,
^ O 3
i" 16
17
18
)9
20
21
22
23
24
25
2b
27
28
29
si, T at is ♦.he one const rue tod m iVOu?
A. That is t^e one oo net rue tod or I'iniB ec up in iVOl ana
•2.
Q, Conatructeci land finiahed up?
\. Finiahed up. It was coffowncuoi in •-'• .
Q. knc it is the extension of l.he sans tunnel?
A. It is one continuous tuinei I'rom the center of section
3 to 'iie northeaat coiner of Lot 12,
Q. And fron there abort?
A. There is another tunnel above, but th? t is '>hn first
eievation of about 60 or BO fefjt hi^or.
Q. Are t ey boU' connected?
A. No, air; they are at difreront olevntions.
When the wat r ia pumped at fell No, 6 it fluwn to Uie
•urfftce ,nd comes out at woir no, 5 on the surface of the
ft; round.
Q, And the other connects with wt ii no, y?
A. In the Ic-er elevation it coinccts Aith well no, 5 and
taps t^et well,
Q, What is the eletation of the ditch whicii u&ps U:o well?
A, I don*t believe I know he ejcact elevation,
Q, Do ; ou know th^^ el^^vation of the Lone Ster tunr^el?
A. I think I havu ,ot data that I could look up lu tell tViat.
Q. Will you do it? Wi.l you look it up?
A, I will look it up wi!ii pleasure, only th>at I don*t know
that I have it in San Bernardino, I rjay haie .o wait till I
go to Los hnfpldB to do it.
B
Silt
< i o
Rtt-Direct Kxwuination.
Mr* Brit>t: Q. You c^jike of the surfacu Btrtaa flowing on
the west side of the Red Hill in 'o5.
' . Yeu, I'ir,
Q. Vliat b6('->me of t^iat rface etrMH?
^« It coasod flowing as a suri'aco Btrectia solia tlL^e in
•6^1, *l\^J or '^0, during the Buaaer aeaBonB, after Tunnoi
No. 2 waij exchvatod.
Q. Tltat Turmei No. 2, ia BoneticieB referred to as the
Eady Tuiuiel?
A. The same tuniiel.
Q. How vaa thfjt const. ructod with reference to the surface
atresn that you ave c»ntioned?
A. At the lover end it is BOnie threo to five feet above
tho bottoci of Uie creok or stream, an(i runs on a (^^ruoe
line-- I tViink it i& a pretty ste^p grade — about .2 of a
foot to a hundred feut. But by 'he time it las i{,ono a few
hundred fut t it is be^ow the level of the Btream.
Tho Btroan t' »tt ;aod to con» out ri t>* west of t) n portal
of the Tuiinol Ni;, 2 hae cotbod to fiov.
V . Ab tJie cjrade of the tunntii a cenaed what was its posi-
tion witii rof 'r?nc ; ^o ♦hfi bed of ^ho stream?
A. It got buiuw iie bea ox mI;u citreaa, of course.
Q. You nevtir made any im aBureinunts of t; at stream?
A. I don't t'ink I ever got >.tny « aBur-a nts of t at. Tliat
wa:! witrc j.o uLi'oamwaB » asur^u by Fitsha^ ana Cuivor.
Both of thieir measurwn'.ints, I think, are dot;n.
Q. In ansver to a question by Jud(j;e Chapman I ^.hink you
laid yourself and sociO asBOciates laid a 50- inch pl^^o line
.h. 1 :-[^^n^;^^birurof vb. Irindl
1
2
3
4
5
6
7
8
9
10
11
12
i 13
•I
< i o
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a < jjj
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i 16
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29
*. Tharetbo ts. '66 o*- the litter prt of 'BS
(J State w^ier.her t>iat wae *>e first aj-jdinnco for Ihe taking
of ^b« wator of the Cucamorv^a Springs for irri^gation pur-
p08*jB«
A. No, 81 ; it was 'ho first appliance that the assocoAtes,
Hod^inu, Wicks and raysolf ijut in there. It is he first
work t at wo dici. It 'md bo' n used before in en open flumj
and a ditch carrying it aro.nd 'o the Old Settlors ano ^alf
to Tleiiaan et ala.
Q. When vou wwit t ore end accjuir^d t^ e interest t tt you
have laentionMd was the wattfr at t at tijo in use for irriga •
ing parj)© 3«B?
A, All of ii du ing the irrigating season.
Q ^as t at so of Vhe stn-an fron the China Ciun ;^ as well
as thrt which vms af'erwnrdB taken into tVe 30-inch pipe?
A, Yes, Bir; t at ia on the east side that you r^fer to?
Q. Yef;; on the eaat aide of Ihe Red Hill,
Q W!.erf^ we ■ t^at water then heing uc^d?
A. One hiftlf a. being carriod over to what is call d the
Cucaraon^'s Cclomr and ^ho other half is being ueod mostly
on the vineyards, vnd aoroe on the orc^arris— on H ilraan's
land.
'^. Refor«nct! as hern aade on proTious occaaions !o
(luc-'nonRTa Colony, fhjit wits trat Cucanon^ Colony?
A. Woll, it was certain settlors, yanchester, ?aitii et al.
that bou :h^ land of the Cucamongi Conpany-- the Son Francis-
co company.-- prior '.o our jjurchaeing the interest there,
conprising fcir or fivn l-imrirFri ccrss, and after.-.ai'rn £i
called OlauB A arm Class B, in : he aood that we mada to
a ^ ?
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the CucaoDivi^i Itter Cooqfwny
Q That colony and ♦.hOBO lanes that cu i)rM ion wore in
what direction f run the CucaiBDn^ Vincyara?
A. Ea»t.
Q. Abou'. UU.1 far?
A. T/icy adjcin the Cucuaon^ vineyard for about a Liile
north &.d south and reached over eaut, sglio of ^hem, at
far Bs a mile, rioy are ail ^lown on thtt exhibit no, 1
of defendants triat Jucir,i- CiTaprran intr«^uced.
Q. Wmt use did tViey make of tVie water?
A, Trey used it on orclit-raa tl at ^.v.v Usn planted.
Q. Concrning liiis arteeian woil n*., 2, who uaed the water
froa tut well?
A. The Cueamon^ Watt^r Coc:q]any. It ceased to flow aooe
oi.;' t or nine or ten years a{;o.
Q Has it be ;n used at ail since ihenV
A. No, ai •.
U I unde stood you to any it ceased to f iov^ about '94«
A* It cuaBod to flow on 'he sui'face about ib'-j-i,. But sane
tin ab< ut '97 or '8 or '9 t ore wa ■ a tunnel run in caller
Tunnel No, b by the Cucancii ;a Water Coapany connecting it
wit]^ the surface ab;/ t 500 feet to the west of it, and t,hor-
was water usod f roa it as long as t at flowed, which was per-
hai>8 one or two years.
Q Have you any correction -o make in your testiuony relative
to the connection of the Bady Tunnel and tho Stowell well?
I understood you to say in your cross axamina ion t.iat
it was in abaat iht:-.
A. That the Sto^ II well was oonnactea with the Jfaidy Tunnsl?
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Q. Yei3. I don't know that -ou ha«. I have heard ou dia-
oiiMing it Bitice.
'', Discus. In^g i*, sinco, which waa this noon, I /^obc I
nais wrong by about a year. I i.hink it was 1900 that it.
was actually connected on a levfjl. It wue Bip onou du: j.:j^
•9B and •91'— aiplioned into ^ho 1 \nnel coneidcreble of ^ e
Op I undo Btand ou lo ;; y Jvit the we lie at the onds of
the two prongs of the "Y" Tunnoi were bored about i-he year
1900, the tunr'^i then deepened, and t at thj» well 'hen
flowed into the Lunnel,
A. That is 80,
C. Do vou know how long thoao woile continued to flo* into
the tunr el? Do any of your ae»Euremont8 alio?'?
A. None of m y meaaurofjontB show. I only laoaaurod at the
mouth of the tunnel and m^^ jcxt laat noaaurefienta were 1901,
and '. ey aere atill flofling into '.he tanncl then, find I
hav« no meaaureraentB since.
Mr. Chapran: Q, With whom were you talking at neon whic)!
lad "Ou to chanf^ our ideas as to *he time w}:en the tun-
nel wao connected Aith ^he Stowell well?
A, N. W, Stowell.
Q. The well thst you refer to tht'.re is this rane well that
ll called Well No. 14?
A . No, sir.
Q. Which one is it?
A, Well No. 4. Rnr-.Ti aa theStowsxL Woii. It la Well No. 4
on plaintiff's Exhibit 1.
Q. Viare did you aay U)ii water was uMd tiiitvas takan off
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of 'he r'26 aero tract and taken east tfid used by thoaa
coloniatB —
A. I rale: h&lf of it was taken tact and ut«d by the colon-
ietn that p rchased land : rior to l^/'vfj,
Q, What were thoBo colonifl*8?
A, They are iridividuala t/at bou >it property cf j-.e Cu-
oaaon^ Company, ^he San ?ranciBcc corporaiion,
Q, '%8 troro any naoe of t at colony?
A. No, sir*
Q. lore {'.id t ay ret water prior to he conatruction of
the -Y" Tumiol?
^. T^iey ^ad ater from the cre^k waters, and their daedt
all read as their interest is to t.he whole xxasx water—
from the cieneg&tt— they used half of the water.
Q, Where did ''ley divert it f'-om *>ie creok?
A. Practically where *he i^O-inch jjii^e line heaOB. And it
camB out in the wooden ;'iuzne arid an Ojien ditch.
Mr. Tlaskell: 'j. Did I urid'jrstard ou to say that li^en *ell
N , 14 was fin?t constructed at t>,s head of +ho Rtdy Tun-
nel that tiie water vraB run into tjne r.unnel by loeans of a
pil>e line or •; siphon or Bono'lung of thut r-ort?
A.. I don't know as it wafi the first six months or the first
year, bui. ii c '•thinly was for socie thre- i: ,,. it, vaa
run into Mie tui/iel mostly by a eiphon.
0. Do you kno»/ at v, at elevation above the lunnol as tho
tunnel now p.Uinds tbat t ' e opening of ' r -li : ' ud?
A. Only from neiaoiy. I have no fitruniB wi^Ji me to tell,
Q. Could ' ou tell a,j,/roilinately?
A. I think it was in the neighborhood of 60 feet balow the
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■o-face, wticOh %ould hu r.hout 66 f«< t sbov* th« bot.t.«e) of
Q. Thoro M*o other vWiia t nt «»r« up oruc in for « tiiw
into the Sady Timml?
A. OnXy ono.
Q« ilT' at miXi WB8 t &tT
A. Thn Stoweil wall or foil No. 4«
0. IL '7 hitdi^did t^.. t pywiing: stand liboye v,c> llocr of he
tunrMuL iih«n It was •iphonoaxn— a^. roxk.telyT
A. I think t'<«rM wore tv xjucIa »*f j^*— «* tuu' eia run int<
thiit •«!!, by th« Cuctaon/p Fruit Ij^nd C-ci^iiny or H» «>•
StowoU, and i>vr>ap« on© was 40 fe«t and Mi- othoi- feet
or eot^thiiv; like V.^t, below t^;e aurfare. But tint la guess
work aiKi juat fron tay i:Mnory*
Q, Subaequttntly thoae wolla were cut off leyel trith the
floor of tiie Umiiol, or u roxit-iiaely so?
Q, Do you know 'y any asesurem nta or by any other osfina
of knowledge w: ether or not thu cutting of thoae veils
increased tie flow in Well No. l^» and in the well t oit ms
also sljihonad into iho '.uinei?
Q Increaaed rjore w un it vau mpiiuztuu in?
Q« Yes, sir*
A. Of courae, it did.
Q. About how tnuch?
A. I huTan't on/thiric^ of ny own fi^surea exre^it ineasureiaBnis
at the aouth of the tunnel to tell Just ho. auch.
0. Ctin you tell f t>a aeasureaents at the nouth of the tun-
nil approxiDsately.?
A. Not enou^ so t^ at I would want lo testify to it.
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T
Tho Maaurenont.B aro all in here and you can boo it at dif-
ferent txmoL dates.
Q, Do you know whet^ie- or not t' o boring of Well No. 14
di iniahod the flow of those welle that fed t at tunnel?
Mr. vChapman: Now are you asking for an aac^jert opinion?
Q. I an asking him as a matter of fact* Do \ (ai know as a
matter of fact if the other wells ^' ' + fed tho tmmol dimin-
ished in flow after wcill no. l'. wf;r. cut off at the levoi of
tho floor of the c'lannel, or approxii i- t.ely oo ?
A. I do not.
Mr. Cliafinan: '\ 1 '.eglected to e^iik. yuu vyhen t ut west
Itream driea up. You SAy after tho tunnel no, 2 was run
the west stroan thit you found in *H'6 disappoarsd.
^. I said within one or two years after the tunnel «^as
started thure was no water runnin^^ down there during the
dry season.
Q, How much was here running in the tun el at t s.t* u.-ie?
A. The Bje&surotaents show t'^?'t t' oro was in the neijibcr-
liood of <iO or 71) inches.
Q, Tbit, strt) . >v (i dried up bofon; the Oucnnonga Vruit
Lmd Coupany aado any transfer to the Ontario Po./rjr Cod-
pany, did it not^
A. Yo3, Kir.
tir. Fiaskeli: Q. Well No, 14 vas an artasisn vsll, that is,
a well thfit naturally fio (d'
\. I don't knov/ ayself rel. .er r tiio sur-
face or not.
' , But it did at tho point where it waa cut off?
A, I don't l)feliev« ws erer haa it trenched in to carry
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£ •- t-
s o = 14
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Jib water a. /ay, wheUier by carrying i^ bovo t.he surface
)r Biphoning it into the turuiel,
Q. At the point w}.ere it itm cut off it naturally flov/ed?
A. The main voluoe of the./atcr v/ac t ero.
Mr. Chapcian: 0. I underetana /tu .o . it the *.ater f i om
Veil No* 14 wa« Bip/ioned i^ to the tunnel,
A. It was.
Q. Do you kno..' hen?
A. Only from the .jatter tJjat it waa finished and oDopleted
in 1904 and the wall fas e'^rted about in 1900 or l&Ol,
and it wab betwoun thuee dates.
% W«il No, 14?
A, Yes, iAt ,
Q. You think it waa aiartixi in 1%0 or 1901?
A., One of ^Jioae two yearo. It wns eiArten by the Cucamon^
Fruiw Land C ocii>ariy.
0, Tney had made that transfer before 1900, hadn't tfaeyt
A. No, sir; they had not.
Mr, Haskell: Q, How near to tho surface did the water stand
if you knov/ in Wel!^ No. 14 when it was first bored?
A I have no record of aay own th t te la that.
0. Have you eny romerbranco of it approxinstely?
A. I think it came pretty near the surface aa far as I
remomber, bat I don't reueinb r. I hare no recorc's to tell.
Q. How near, according to your recollection?
A. I ca:i 't toll vou.
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N. ". STv)..i-.i.L, & witj; yroaufea by pia ntiff»,
b«ing fir t duly • orr, Ust.fi^ei as fillowii
Direct Exnrlnation.
EJ!r Bri**: '. Yfu r«Bide in Lob An^l^ b, I b<i,^^^.Tt?
A. PaB&d'^na.
0. Anri iiTWBrB fonaerly a good dtul of v e tine in tht
nei ±t)orhood of riicaaMOgB 8i:irin :l in ■.,.-.;: cour.iy of San
Bernardino?
*. Tea, «ir.
Q. Whan die you first obeerve -nc flow of :• water at the
rucar:f>nga Sprin »? T o flow of water on ihe bu face?
A. 187r>.
Q. Do y u knoAT wneris Ui« uocalied Rad '^ill ia in Uie ?i«in<
ity of t' e CuoesiORga Sprin/^a?
A. I &0t
V* In 1875 dia j^-u hotice tie a'.ex' « au^ ipna a^wea.]-in$
m t^e airface of the r;roijid on t}ie aaat sioe of 'e Hv,d
Hill?
A. I d d n't -0 aboTe San Bernardino road. I know the
wa'er waB runnin»>- aorosB tne road at that tine.
Q. Wat title of U^.e year?
A . Am il*
0, Do u know w};4t, wa;- caiiad the Y tujirn»i, con8lruc:ted
in t> 080 cienegaa, on . ' tiast Bide of tjie R d Hill?
A. Yea, sir,
Q. HaYO vou BOme taeaau enentB of atur ecmnatin^ fo the
■Y" Tunnel, con encin^;; r.b t the ':nd of the year IVOl,
anc) lasting t «n for a ^p^ut part of the foliowiqg yaart
4-J-
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12
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gog 14
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(Q < ui
1 A. I h&v»,
2 Q.I wiah you would r^ire us those loeaBure* «nti, Mr, St/Ovtll.
3 Tirat, I aIII ask ou if you know hoi to moftauro vmtor.
4 A I havo BBasu ed water, and I think I uncle -ate ndit.
Q. Spoaking roii^/^ly, Bta^• • other you hiaTe had Jiy ex^-or-
ience or extensive experience in the art end practice
of owasuring water?
A* Yee, sir; since ie7b I hate h^d sccasion to measure
wator a CJ^o&t aany titles,
Q« Oive us ti.w Doasureiaent, if you have it, of t}^ vhter
proceeding frow tiie "Y" Tunnel and the Cucamon^a Springs in
Dsc'-mbor, 1901.
A. I i&^v a n»asur«Bent Dsofflber 16, l&Ol.
Q. f- st are \Tiur fi^ires?
A. Tho de^ith on t u weir was #249, on n tJire -fout weir,
16 Q. .249 of w at?
17 A. Of a foot,
18 Q. Oror a o-foot weir?
19 A. You, air; and two end contreictions.
20 Q, Anytl ing furt' er to bo aaid in t « t connnection to
21 enable the caaputation of th quant ty of rater then flowing
22 to Ik) loada?
23 ^. I vill siniply 8t,R*.e t ut the weir was in ths auss con-
24 dition t ut it \md htn for a long tiue previous, w^en
25 otlior en^>rieurs Mid measured it.
26 Q. ^r v,'J:at length of tins, n)j)roximtttely?
27 A, The year piievious t e wsir had boon practically in the
28 Muas condition.
29 Q • Vith those figures thai you huvs thsrs e^n this ctaputa-
r^.. hv on» .ho kncva hoW
I ' -»
t thftt >v/u u 04?
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8
y
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13
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z ^ 5^
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A. Y©B, tir.
Q. What X8 the next
A. January f), 1902.
Q. Slate it.
A. Dopth on the w ir was ,246; width, 6 t t.
Q. That docioal .246—
A« ThouB 'ndtha of a foot.
Q, 246 tho afindths of a foot?
A. Yea, sir.
On Fdbruary Jil, I ; luve ona.
Q. Stata it if you lease.
A« I oaasurect on th^t dato .2^16 on a 5- foot woir. And
BMABuring the aaina water of the cienega touth of the "Y*
Tunnel it wao .174, over two .uira 27 inchea in width each
9^ fVem.
Q. It t nt the equivalent of .174 in depth and :>i inchaa
in width?
A, Tee, sir; thore ware four end contructiona. T- re waa a
bar aero SB the weir.
Q. Doea that afford aeana of coin|iut^tion?
K» Yen, air,
Q. T}iat was P*bniary fiiet, 1V02?
A. Yob, eir.
ZK. Tho next meaou eBiont ia March oO, 1902. Tl^o "Y" Tunnel
ia not in there on that day.
Q. How abowt. Ai>ril 2b, 1902?
A. April 2f}, I have a uaaaurenent. The ciopU\ on the weir
waa •2;'9, a thret*. foot weir, kui bcdo- '1. r*: tho cienetga
and the *Y" Tunnel toppther, the depth was ml76 of a foot.
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4
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2 K or
u 2
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two ii7-inch wairu,
Q. On May 11, 1%2, vas ther«' b maaaurtraent ui no "Y" Tun-
nel at tl.at tjLQu?
A. At 12:41) P. il., "Y* Turjiol, da,)th .20V, width 3 f t,
Q. On May a?
A. May 21, 11 A. H., "Y" Tumel, dopUi .l.'>8 of a foot,
width tlirt»-3 fc -t.
Q* fai thorc t moaau ecient on Jvine Srd?
A, I don't find any on tcjut date,
Q. July 11?
A. I find one on Jiune 6.
Q» Givo uo Ui^t ueaaiirer Jtmt.
A, e:4C) A. M., "Y" Tunnel, dc^jth ,116 of « foot., width 3
feot. "Y" Turi;ol .ind cienef^n, depth .079, two 27-inch weira.
June 30 is the noxt one. 2 P. M, "Y* Turinol , (k^)',h ie .08
of a foot, width 3^} inches.
On July 11?
A« July 11, tM-^ "Y" Tunnel ad the cienega, depth 3/8
of an inch, 2 27-inc woii ■.
Q. Tl^^at .fould be Mbv)ut how much ^ater, if cu can state
without en tori ng into a coaputationf
' . LouB thun five inches.
Q. &:pt»)aber 2, lWd,»
A. On Stjpvuubt^r 2 than) was no watar Uiora*
Q. Or froB tho cienega?
A. No, sir.
Q. Did tlie vt.tr^T ever return there to your kno«ia4ge?
K It nevtir as*
Q» You law Ujat place and obsenred it aftarwards?
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A. TaB, sir; the water was several feat below '. c surface
at that point when I was there after tlat«
Q. Theea meaturoniontB indicate t at the water disappeared
at that poi^i between July 11 aiid September 2, 1V02?
A, I liave no measurements between those dates.
Q. Now, iViT. Stowoll, do you know ^iia locality of tho Old
Settlers* hox?
A. I do.
• Is tliat a measuring point?
A. r^at is a division point for dividing the /ator that
C0B»s f 'om the 30-inch pipe. It is aboit the canter of
section 3, on Hellrnen Avenue.
0. fjook at this raap, Plaintiffs Ex^ibi' I, and seo a point
there marked "Old Settlers Sanboac." Wliat water wae divided
at ti'ftt point?
A . The ater that went to the Old Settlors— w^at we called
the ■Inch-to-8" people. T at waa taken out of i>ie stream
goiif^ to the Cucaoonga Wator Cwapany at that point,
0« What waa the relation of the water flowing at t^ at
point to the water at ^he place called the Creek Division
Box?
A. The Creek Division Box tcJces the water from the CufWiflK
Creek below thu cienef^as, and at tho Creuk Division Box one
half of the y/ater went to the Cucamongs VinOjard Company
and tho otiier half went over the 2ii-inch pipe to tho Old
Settlers Division Box.
Q. What sort of a conduit was il bt. tv. c.;n i-hoao t.vo boxes?
A. A ceraont pipe, ti^'ht.
Q. Laid under ground?
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IS
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2b
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K* Yea, air; without any o^ninga in it«
0. Then vhait nwt tint relatioD bet etia *iie vater fluving
t^>rotu^ hu Old Settler Box, so-c^lltjd, and ho quantity
of mter a^ the orejk Divxaiun Box ?
k» It would bo )iaif of ha »rhole flow of ihe atrotB*
Q. Now I inquire of you w et vr you liflre a aarieB of uuas*
ursmrnta laado by youraalf of j\e watnr at the Old Scttl r*a
Box?
K» I hate aoTeral meaJurflnenta*
Q. Stato UiuLi in your order and atato t lea or ao laioh of
tbeoi aa will enable one who knowa kow, to coaipute the quantity
flowing.
A. I will atate Vtat the Old Settlers* portico in tha dJ.via-
ion wa» U rough a alot two incea in hi^it and ilkx 1 »9Z
inci:oa in len^i^h.
Mr* C}iB:42ian: Q . Over the weirt
A. It ie not a weir neaaureeoent . It ia t rou^ a alot,
undr-r preasure.
Q. Do ou know how many inc> ea it wasT
A« It wae Buppoaed to be 35.84 inehea, under a four- inch
preaaure* The box wab ao conatructed D^tn if «oru t un
that water ca le iitto t^ie box it MBdcot micfe want throu^ an
OTerflow which vaa l)ei4 inehea Icmg, ao thilt quite alaj^ge
surplus over the ;i.t>.ti4 indiea would loake but vtry little
difference; in tho hi^t over the alot, buing a very I<nig
oterflow. At ti\ir.X, date th.eru waa no ove flow.
Qi that date waa t) atT
A. January b, 1902. And they mre taking all tiio ater
which came throu^^. Uio alot under 5*7/6 inch preaaure froai
Ill
n < ui
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u u a
— CO
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3
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7
y
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39
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Mj% Brilt: :)• '6»7/'r' otor Uio e«nter of *ho opening
A, Tes, sir.
Q • %■ th&t all the water at t at point?
A. Tbt it) all the water ' ore rmB, The next uoaaurarntvit
I hate waa on tho Hlat of Fe ruary, 1V02, At t^ at tiaa t>"iey
were taking tho ajaount or quant ty which would flow tlirough
t &t opMiing under a-1/16 inch yroKBure.
Q, The ojjenin,!; being 16,92 inches long and 2 inches hi r?
A* Yon, air. It wau a slot cut through a steel or iron
plate and beveled to a sharp od^.
Mr* Chairman: Q. D dn't you a&y Bojuo-Zhing about ^i-i/i6T
A« That is ^iie pressu e behind the opening, aboTe the een-
ter of the 0|;ening.
On April Z)f 1902, at 11:55 h* U., liie same opening vma
filled with water una or a 5-l:;/lt inch preeBure.
Q. Haitt vou snot er neaauremont on May 11?
A. May 11, 1:10 P.M., it wao flov?ing tlirc sr;i ' o opening
under « 5-3/8 inch hoad.
Q. On May 21?
A. May 21, under tho eane conditions, at 11:55 A. U.,
tnder a 2-5/4 inch pressure.
Q. June 3?
A. On June 5 tr. r ..as not water enou£^ to fill h ; open-
ing.
Q. Wat WAS the depth of lie stream?
L Tho depth of Uu strea..; ae 1.61 inches; in de^.th, 16.92
inchos in width. It foi-aed a weir at t^ at tinw— without
pr«B8ura«
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Q. July 11?
A. July 11, 11:05 . I'.,, tbe t^yux was .17^ of a fuou ana
16.92 inches in width.
Q. Not enoiij^ water tien to fill the opening?
A. No, i ir; Thoru wau about 1^ or 17 inchei,
Q. Have you any la tor meaiure: ^nta at tit point that
y««r?
k. I don*t 866 tfiy ot}'er meaauromentB. Yeo, r ere is another
meaeureraent on October 16, 10;10 A. M., 1-5/4 inc> ob in
depth, 16.92 inchea in width. I don*t aoe any ot'ior aeaiure-
aenta.
0. Now are you arquaintud w th *h9 woir or locality of the
weir or ineaauring box or ot>o!- ^yvTyr^w do vice for caoae-
ruing water, some distanoo west of >Ke oiouth of the Kady
Tunnel, tihrou;4i i^xch water taken by the San Anton o later
Canjiariy wne carried to OnV io?
A. Yes, iir; I built ?he box.
Q. V at is the diet nee?
A, About SOvOO feet from the Kady Tunnel.
Q. HaTe you eoae abaemitione or reeults of obaerrations
of the quantity of water flowing at t at point?
A. Yea, air; a (preat many of t^en.
Q. What «citer is that? F cm w at source doob -l . reach the
box?
A. It it taken out froa T unnel No. Z about 50 foot fr«a
the Bouth of the tirnel, at the diTiaion box in the tunnel
itaolf..
Q. Very wall. You aay give the aerios of ■easureaenta that
you have, and the quantity of watar flowii^ at tliat point.
i •- >-■
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SO?
< i o
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7 e (C
w -< 5
« * $
-1 O 3
- «l
I and the dat«B*
1 ^, Th« wfir in Ui t box j.e ^iu mcncti in wiaui. On January
2 5, 1902 the depth was .;57 of a foot,
3 Q. The loraon over the weir was 40 inches wi<e and .37
4 ef <> foot deep, ia V'et the ideaT
5 A. TJ-.at is rif^t,
6 Q« Proceed with ho ot nrs?
7 A« January 11:1 the depth was .S^' ov jr tlie aene weir*
8 Q. Wiat year?
9 A. 190J>.
LO Q« The aane width?
1 A. The aaroe width.
L2 Fe bruary 13, the aaae year, the dept^ was •283«
L3 February 18, .3^^ .
L4 Feb uary 21, it waa •3^)3.
io February 27, 4-1/2 inchon in dopth.
[6 liarch 4, the depth wao •i(yl»
/ March 6, .365.
L8 Ipril 1, .33 of n foot in depUi.
19 April 19, ri-l/32 inchea in depth.
20 April 22, ,2n(\ of a foot in depth.
21 i^ril 2'), .379 of a foot in do )th. That wa at 9:20 in the
22 noming. Thore wlu cafiother laeaaur anient la ♦he afternoon at
23 3:20 P. U. which was 6-1/4 incea in deptli, I uon*t
24 think t^uru are any aore BMaeureenta aft^r t^at.
25 Q* Do you know am^hing about the fOndage beliind t^at voir
26 *t the tine \'<mi nade thoae oeaaurecienta?
27 A. The 22 ir>ch pi}>e which fed the box was. full at Uiat
28 tiaw and backed up nearly all the way to the tuiuiel, and
29 the pondage wae about four feet in width and six f e* t long .
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It Vftfl quiot vmttr and a voiy accui'ate ■Mtsuroacnt ccuia b«
Q« Ob or about thone aa • da tea din you aaka aeaaurecacinta
of the woir or the watar at tho veir at the no^th of . <e
Kady tunnel idiich trans delivered i ^a the pipe of *' '^ ^'iceiaoa^a
faVir Corafjany?
A. I nadte cMaaurecientB on aotw of Uioae d' tea; yea, isir.
Q* Let Ufl haTo th^ advantfi^e hf you please of your data an
thht uubj'Ct.
A. On D»c.;i>iber 14, 1901, the depth on the ■•ir aaa .14
of a foot and Ihe «idth 2.f^ fe^- 1. That ma a weir at ^ho
■outh of Tuniifi 1 No. 2 ana u.^ cum^tiaat wn%,mry |^od for
asking an accuicita laoasurement . On February 27, 1^ : ,
12:;^ P. M, .112 of foot du'p, width 2.0 foet.
April lat, 1902, 7:40 A. M., e^th on the aaaa veir aaa
xk .157 of t foot,
Ipril 25, sani yaar, 3t;50 P. M. the depth «aa 4-V'^ ine^le8
and the width was 30 inc ea. The woi was riiiftad and titu
Qiiti «[ts shifted and at 5:^ P. A» it oaaaurod 5-o/-. inc oa
in depth and iiO InohMi in width.
it 3:45 I jBoaflurad the entire «aU)r vhicr. went t :e ot or
way. Tliere aaa r>-l/2 inchoa deep and 40 inches vide.
Mr. Chafnan: You Ivid oaaaurod t^^ entire ffater t at aana
day?
A. Taat coopnaje all Uie water ttiat coaea out of TunDol
No. 2 on t: t drite.
Q. And wlittt uxc, . XI rmke ^ at?
A. 5*1/2 inc^iea in de^.th, 40 Inehea wido.
Iby 11, Tunnel No* 2 voir,, j-l/lb inohoa in depth, 00 inehea
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in width*
Mr. Haakeil: Q* fl^rtt is tiat «*ir looatodT
A« Tunn«I Mo, 2 on th»v«it • dt* of th« hiiii*
Q. Ho» far ia Uuit luc tod from tht OnUrio «eir?
A. dOC>0 feet*
Mr, Britt: I will a^y for your infor ^tion t/ .• t Uiis ...iir
it th9 ono X^jsit «o bavo boon eaiiing loir No« 1, &t Um
■PutJi of tho lady Tunnol*
Mr. Chapoant And moasuroa tht> viator t at r^ooa to the Cuca*
mnvf^ Ooopany, &-!/<' inches in de, th on a oO*inch voir?
A. T at ia ria^t.
June 5, 1902, CucaflDOga loir at the south of tho lady Tun-
nel, 4-ir)/;S2 inc ea in cepth, 50 incrcs long.
Jiu\e ;50, 9:40 A. tt«, Mouth of Tonnol, b-V^ in dOith Ad
30 inchoB in width,
8epteml> r Z, 1902, 1:55 P.I!., depth on the wair &-I/2
inchea and 30 inches in width at Tu/:nel ^v>. 2.
I think t at ia all 1 haTe that yearx for u «it ^ilace.
Q* On Soptam^er 2 did you oake any oViau'TationsT
Mr. dAp aan: He has just stated it. b-l/;: inchea OTer
this woir.
Q. SepteaiVttr 2 have you stated the ruault of any obseiva-
tions on t' f t Ontario maasLiring box?
A. At 1:2 P. M. the water was flowing o?er the weir in
■och a way t at I c uldn*t moa«uru it; but I eatiiaata4
Vat t'^ore was 2rK) inchea going ^^ Ontario*
Mr* Oiapnan: 0. Ov r *he weir at the aouth of the tuiuiel?
A. No, air; aC)()0 feut woat of 'ho tjjpnel. Ihe aator flewed
ia such a way tlAit u.h« pipa couldn't carry it all, and the
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WEtar miBed above the w«ir. TlvjrtJ "aa too oiich atar for
tho pipe from t at puinu wuat.
Q. laa there a voir by which t^io Ontario ^ater could bo
vaaurad at Hui mouth of the tunnal? Aro :/ urt: t«o waira
tharo?
A. YeB, sir,
Q. And ono of the moasurariiontB you gbve hare, 13-1/2 inchaa
over a forty-iiich weir, t^at ^b at tie south of Turuial No.
2?
A. At tJat tina it was 6*l/2 inchea over a forty inch
voir at <he BK>u^h of t}:a tu nel.
Q, And back in April vdu gave ub 5-1/ ;i inclioa ovar the
40- inch weir?
' . T at is '6000 fe'-t waat of the mouth of the tunnal.
0, And not over *ha wair in t e tunnel?
A. No, sir; but Mor tho Cucamon^ weir in Uie tunnel at
di'.'O it meaaured 4^6/ ^k inches.
Q. And after tJat on the aama day, S-sA?
A. Yes, sir. It war tumud in such a way that there waa on
ly 5-3/4 there.
0. Both thoBe oeaBUreraenta, 4-3/4 and .5-o/4 waro over the
30-inch v/oir?
A. Yes, sir,
trx. fnd on the samB day on the 4D-inch weir it was 5-1/2
inchoB ri^t at the wair and 3000 feot waat I mea.ux-ed tho
OntA'^io water at the aame place at 3:20, und it was 5-1/4
incher by 40{ and/want past *ht) Ontario weir goinf; up lo
the tunnel, .nd I passed there at 3:20 and arrived at the
tunnel at 3:30 and maaaured Ujat <Matar. Then I ciiaas**^ the
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the i^ate and at 3:38 I ueasured ^hot water a^am and *..'ien
I ":;nt hack 'o tiie Ontario weir and measured ' iiat one and
it was r^-l/2 by ^UJ. Tlie water wouldn't • ave ,^ot there at
t]is.t time, but the^-e seems to have been a quarter of an
inch in dept'i more ti^n •,nerd v/as before.
Mr. Britt: Q, At the same point of time, did ':he v/ater
flov/ing ov'^r those two v/eirs — the one you call the Cuca-
mon^a v/eir at the mouth of tie Eady Tunnel or Tunnelx No. 2,
and the weir at the point 5000 feet west of v/here the water
flov/ed to Ontario for the Antonio Water Company, aid
those tv/o quantities of water flowing ov.r tnose two ./eira
respectively embrace a.l the water of *':;e Eady Tunnel?
A. Yes, sir; it was supposed to. Tliere was a little used
at the watorin^^ trou^jii, and that is all there comes out of
bliat virtually.
Q. You are acquainted v/ith v/l;at is called t.e Stov/ell v/ell
or sometimes referred to as Veil No. 4?
A. Yes, sir; I have some acquaintance with t.';at.
Q. It bears your patronymic?
A. It does.
Q. When was that well bored?
A. About 189^-..
Q. Bored under your supervision?
A. Yes, sir.
Q. State whetr.er it was an arteL-ian well or riot?
A: It was.
Q. And v/iien you call it an artesian v/ell wnat do you mean
)y tnat?
A. I call an artesian well one that the water rises in
1 ,A il.
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above trie ordinary surface of the water.
Q. Did that v/ell flov/ at the surface of the ground?
A. It did. It flov/ed aoout ten feet above t..e Burface.
Q. Was it piped to a point 10 feet above t .e surface?
A. It ./aa.
Q. Did you keep measurements or dia you take meciSareuunts
of all 01 that v/ater?
A. I did.
Q. J/liat v/as the disciiarge in tue v/ell
A. I don't reuember nov/. £ think about 25 inches at t e
surface.
Q. Was tiiat v/ell all any time connected v/ith the Eady Tun-
nel?
A. Yes, sir.
Q. VWien?
A. I think about two years after tiiat.
Q. In what way ?/as the connectioa laade?
A. It was made by means of a six-inch pipe.
Q. A siphon.
A. Siphoned; and turned dov/n sometliing like 50 feet
from the surface. There was a cut run into 'he v/ell so it
came out by gravity. I tiimk the cut v/as about 6 feet deep.
At tliat point it flowed abo\it fifty incies of water.
Q. .'hen v/aa the tunnel connected at .-^rqde, if ever at all?
A. I think about the year 1900,
Q. Do ^-^ou know ./pat time in tne year? Have you any fagurea
or da"ba?
A. I have no data he e tiiat I can tell you exactly.
Q. It there any data w ich would enable ypu to tell whethe.
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it waa conr!urted as early as ftihruHry, 1900T
A« I couldn't fix th« exact date.
Q, Anything to t^how the depth or hi ht of water ^roa the
surface of the ground in Fob^uary 1900?
A. Yob; on February 18, 1900, 1896 wall itt 11. ti fu-u to
water from the top of the curb.
Q. Tha cuxi) naa at the surface of the ^reundt
A. At the suifaca of the ground.
Q. You speak of lb96 wall: That is another nscie, I supitota?
A. T};&t Ib w at I called it in those days. I tidnk it is
called No, 4 on one of theso c arts.
Q. The Will called the "Stowell well"?
A. Y«i', air; t/iat is tJie first woil that 1 borud in Uiat
coun*,ry.
Q. Then tlie waer etenoing at 11 fe it rtxd a fraction be -
low the t«p of ^he cm-b indicated what, with reforunce to
any connection with thie tunnel?
A. I c&n't tfdl w> ot}^er it waB siphoned at that tice or
ran out by graTity at that depth or not. I have an idea
that it was connected with Hm pipe that drew it off.
Q. Any connection at t>hs grade of the tunnel?
A. Oil, no; there sas no con/iection below V:at*
Q. Any observation aB to the hi/^ht of ^atur in t ^t well at
any ottier tine?
A. On the 5rd of February I measu ed it at 4:20 P.ii. and
it lao 12 feet to water.
Q, Froia w^jtt?
A. From ^he surface.
Q« it t:ie Stowell Well, yoa are speaking of?
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L
A. Yea, sir,
^ . If :;:1. o .:^rt xiuo boQii ft direct connection
betwcon ihe water and the well, could tlie ater -- and
I ftiii not asking for nr.v opinion, but as a cmt or of obaer-
▼ation,-- w &t «uuiu li^vt; u<j u uiv hx ,1 of tiio ator in
the well?
Am After t^iat tunnel was cut in>- t at mII-" cut inu>
the tunnel, it neve r roao above Uie tunnel*
Q. Do you know at w'\at depth bolow tlie eurlace of the
!:^round the tunnel intercepted the .veil?
A. About 110 feyt.
Q. State for what length of tine after the water ba^^an to
flow at the eurfaf e, which I ^hink you said waa lci96, it
continued to flow to the top of the round?
*. Ifeit 1 it wae connected by eiphon with 'he tunnel. I
think it was about two ysara before— 1 t ink it was in
•98 when it wao con' acted up.
Q. By v at moona?
A. By a pij»e and eiplion.
Q. The question ia wtieUiei- it continued during t at tint
to flow at tlie aurface of t.io (_^round«
A. I am satiafied it did*
0. Do you knon w^iat the depth was of the water plaae above
which water rose in tiie well?
A. I t} ink wt got aurface water at abu^t 10 or 12 feet
ihon he well wae bored*
Q* Wae the water continuoua t «i ail the way dor.Ti? Or were
there frequent intervals wJien i ore waa no vmter"
A* It was wet all the way do^* fe couldn't tell* Iho water
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would folio* the pipe in doing the work..
Q.
At t}ie riak of repetition, I will ask
you if ^ uu kiMv
whm the gnde connection was mad« ..ith xho tunnel and
t'-iO
well— in wliat yaari?wxxtifytTW»tt
A.
I don't know; I don't reieAer.
Q.
WaB t)'?^t wll ever jjunigped, Mr. Stowell
, by tu or under
you
r direction?
A.
I don't think eo*
Q.
The Stowell well?
. A.
I don't tJ^ ink it w s ever iMoped*
Q.
Thoro is another w 11 in the nzne ficinity called here
wqII no. I'l, Do you know wherr. it ia loctted?
A.
I do. I located it.
Q.
Do you know nhout i*^at ite dietancy ia
from tho Stowoll
Well? But t}, t ie not ioitortant. Wn hm& t>
in neans of
kn(
fduQ oxactly.
A.
I couid state it by IcokiPig it up, but
it would take
rans lit'le time.
Q.
Y u Bay you ioc tod '}.& well?
A.
It war. borod under my direction.
Ur
» Clu^pman: You haven't finished. You a
•n't given 'iie
diotanco. Have you ^'ot it?
A.
I hiHVon't found it. It would take acme
little tine o
find it, I can f^ivo it atf)roxi:T6toly from ^
^he nap*
Q.
If vou have the exact distance in your
not'^s, I would
rather you woold take it.
A.
It is about 4C)0 feot from tho scale.
lir
. Britt: 0. Wlien die; tho bo^-ing of t> t
we 1 be^iaT
A.
Nove^r, IVOl.
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(X You know that lo bo cor act?
A. I havo a rnonorandum of it, Trom recoi lection I don't
knc.^ the :y.act date,
Q. Can you give ite rato of progreBs from time to time?
A, I have a oaaora^dum lie re that on HoTcmber 23rd they
put in the anchors and Btartod to drill, on the i:Vth. That
wae in November, 1901.. Dece£al)«r 11 thoy rfere dovm 31ti f^-ut
witli a fifto«n inch pipe, and iJien it «aa rduced to a tw^iv
incli pi|)e. r ey arjaehed the starter at tjiat point. On
Beceober 20 they were 440 fe^-t in depth ana a nort er jjd±i-
Uew the ig down and Uiay started up ai^in on the 5lBt day
of December. On January 9, IVOii, they had finiBl ed down to
53ii feot in dopth.
Q. Wae t' at the eoctrer.io dupth of the well?
A. I can't my* T at is the only memorandum I have
Q, W at do you knowabott the v- lume of water which flowed
from t nt woll at tV t time?
A. There was no v»ater eveo flowed from that well ov-r the
•urf ce.
Q. Do you know how the water roae in the will'
A, Yus, oir; the water rose in the wull, I don't rucisabor
how Duch. Not very much. Wo struck surface water at ab .t
80 or 40 feet and I don't tlink it ever rose more than 5
feot at any tinie in tiie woll,
0, Do you know anything about obt^dning. water by siphon or
tther means from the well during the tintu ou controlled
it?
A, We pumped it in tho spring of 1^^02 to tent howoll and
to sink a oliaft a ound the well, and xia^ I think I can find
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I i» .oranduma of it htre sorrMwh^ire. Sorietiia* in tiia e&r*
ly part of Uarch «d atari d to puijp that well and to aink
a a'mft.
Q« W)Mtt year?
A. 1905i.
Q* With what buocobu and «. at effect?
A. I notice here that ae set up the piuqp an the 4th of
llarch. On Uarch 12 I have a QfemorandUB which laye "puqp-
ing the wall. Motor rune 740 rovolutiona; purjp 720. Lo^ore
the voll 60 fact and puc^a 90 inchea of M-at r«
Q* To what extent did it lower the water balow the laTal
at which it a toed?
A. I belit^ve it ie about 55 feut to water. The next day
■no jttice. Well Mo, 14--
Mr« rhapMan: -•. No /.at?
A. No ele tricity to puaop with. On Uarch 26 mo inat&llad
anotJiar motor* Uarch 2/0 punqiing with a 20-hor8epower
and a 40 horaapower motor. Discharge five feet abo?e tha
ground. It dra^^ra the water don 65 foot.
Q« Does t lit EBan 63 foot of r.bbolute low- ring of the water
levol, or til t mch below tlie 8';rface of the ,;xound?
A« It lovarod the vm^^r 25 feet. It was 40 feet to tha
water W'ion not pumping and it lo/fe ad the water 25 feet,
laaking 65 feet.
Mr. rhap:.xin: Q. Does it ah(w in w at length of tixaa it
lowered it?
A. Ihu pucip ma nuinin^; day and niic^t, ri^^t along con-
tinuously.
Q • You have only given tiia date of March 25.
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km I rtreuiber we were sinking the shaift and we ran day
and nv;ht, the20 horaepower netor runni!!^ 942 reTolutione
and the other at 745 revoluotlons, uaing 75.6 horaapover and
imping 1('^ inches of ./ater.
lir. Britt: 0. Do you know for what length of tiae u :&t .<iu
run? You said it was for t^ie purpose of sinking a shaft*
A* Yes, sir; it was run ct.ntinuuusiy ni^,ht and day.
\Jl» v:>iat was the object of pumping liiewell then ?
A. To ke-jp 'iie wattsr out of the way.
Q. Vnor-i -.ore you sinking *he shaft?
A, Ri iit about the well. The well was pretty neur in the
center of ho abaft; nd the idea was to sink as low as
we could and *.>.on tunnel acres s to another shaft near there
that wont into the tunnel— the S?idy Tuniiel— and to
lover thu water across or siphon it across into the lady
Tujmel. Tliat was ih-j schame we were workin^^ at that time.
Q. What su cess did you make of it?
A. It was not completed when I prot lhrou*;:h with the job.
Q. What did vou observe as U the c^uantity of water in the
ihaft?
A. fa pusqjed as hi^ as 21fi or 220 inches. Af'er#arria, I
notice a mMnorandum here, I changed 'he aise of tho puiluys
and 'ot better efficiency, and after that le pumped ov^r
200 inc!ieB.
- . W^ist effect in lowering the water?
A. That is the only record I have of the d pth; 63 feat.
Q. Did it lower it any beyond t^ t?
A. I t> ink so,
Q. How flsich?
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A. Vory li+llo. It would uUnd abrut t fit point.
Q» You ;;;y x.nt job w&B not coB|)lot«d whtti you fnv \Hj
and abandoned it or quit it« How long afterwaras did you sue
W)at ^Jiey did to sink the el.aft?
A. I wfinH in cfjargi of U)<> rork aftar t at ticw,
Q« Did you nakt any onnection by siphon betwaen t at wbII
and tho Sady Tunnel?
A. I didnot.
Q« Or by any other atm?
A. No.
Q* IXaring 'ho ti«s tJiat you wore punqtiag tixt we.i nA
you aaka any note of the water in the wall above BaRO Line,
further north above BaJie Line,— theSan Antonio Weil No, IT
A. No; I made no obeenrationB.
Q, Wen you were siphoning tho Stowell well or piping it
off did you uake any note of the wa-er in the wella tiiat I
have mentioned Just now, San Antonio Well No. 1?
A. I laade aome obeo rnrati onu there. I don*t know ' or it
is Well No. 1 or wli&t t was.
Q. Describe the well.
A. In '96 I famd tho hi ht of the water in the Stowell
wall ap})arently infiuoncod tho leval of the water in the
B af t above Sixteenth Streot.
Q. In liiat way?
A. When wa drew the wator down in ^hm well the a) aft was
dry, cOB^ratively. Wi en we allowud the water to rise in '
the Stowell we 11 tiiero aas wator in the bottom of the
shaft in tlie Six etmth Stroot veil.
Q* Do you know hen thbt Sixteenth Street well thttt you
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A. I think it wna sunk in about '94.
Q, iTatwap the distanco af proximately b«tweun the Stowell
well and t'la Sixteenth Street irell ti^at you hate oantion-
ed?
A. I shculd aay it wao about 2(X0 feet,
Q, Did you make U:at obaorvation at acre then one time?
A. Yea, sir.
Q. How cften?
A. I t)iink I was up ^itre ti^ree times.
Q. Did you obeerve that wi.en \he water wab imm down in
the Stowell well it was do*n in ti. t al af t?
A. It was, about from 12 to 1;> hou- a aft-jr waras. After
the charge wa made it would be noticeable in the sluLft
above,
Q, Did yoVL notice at ay time i^iether the water entirely
disappeared in the shaft?
L Well, it wa;i comparetivoly dry div^ing, Tlioy were sink-
ing the sViaft at t ::t time. That is how I happened to kiww
about it.
Q. HMttwas the depth of t}ie shaft at that tisB?
A. 40 or 50 feet.
Mr. Chapnan: Which ihAft are you speaking of now?
A. The sliaft sunk by Prankish k Stai.ia north of Siitetjnth
Street. I don*t knew .n/thing about the nuni'oer? It was
the most easterly shaft of the two that I knew of above
Simteenth Street.
Mr. Britt: Could you ^joint it out on this exhibit No. 1?
A. I couldn't loc.at.6 it from the oa • It was alsK>st iciaed-
iately north of the ./ell No, 4.
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A. Tei, sir.
Q* And ab(Ut how far north of Bate Line?
A. Abo- it 600 foot,
Q. Isr '(h'^TQ any othtr v«IIt at t. t tiae north of tht
Ba? e Line and d>out the distaroti ti ot ou have nontionadl,
•iher than this s'aft t' at you Sj eak off
A. Tliore »ero two s! afta. One wae f r :iier vest than the
•no I ap<^;ak of.
Q« It nay not bo l<citedon Vat tsap at all*
A.I think it was about north of the dividing line ba-
tveen tihe Ontario and the Cucacioaga Conpany'e land.
Mr* Chapuan: Q. la that marked on Exhibit. 1 — the diTiaion
line botwean Cucaraon^ CotQ)any and whit other cctipany?
A. The Onta io lands and the Cucanonga Comjiany'B lands.
Tho line running: on the west of the '.raet is v< ry nearly
■outh of the well.
0. V'oot of w. at tract?
A. The CuctuQOnga tract— betvieen the CuoMMnga tract and
the Onta io lands.
Mr. Britt: Q. 'Nhy do you distin^^uiah that pa ticular hole r,
in the round aa a a "aft rati-ier than a well?
A. The only thing Tieiblo from the top ia a shaft. There
is a well borod throu^ the are ft and cut off at the bottom
of the B^aft. I don't t ink tiio ot er aiiaft wett of I ere
had any well in it. I tidnk it waa the only bored wall north
of Base Line within a thousand or* two fe^it of Base Line at
that tiiao.
Q* In what ye r did you notice tl at influence between tha
Stoiell well and the atiaf t?al iJoa IMM
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A. 1696, at the tine Mie well was cut.
Q. Do you know abo t '«,- at tlcie . lapaed between Uiu first of
tJiat serioB of threo oboorvBtions and ^he last?
A, I think it was sovenal days apart.
Q. What amount of fluctoationx in tht Stoweil well waa
Uiere at thoso times which had tr.^ effect t tit you have
desc ib^^d, or at aiy rato, had the coinciden t effect t at
yai described in the sliaft nortli of Base Line?
A* We piped the *96 well up ab^ ut ten feet above the s r-
face of the grcund whicti practically stopp d 'iio flow;
and wo also cut the well down ab( ut 8 or 10 fe^.t below the
■ urface, winch oade it flow fil"ty incheo of water. There
MkS 15 to 20 fo't difforwnco in *ho elevation of U.e water
at tiio Stoweil well,
Q. Stnte wiiether or not you were canging the clovation
of the watior in tho Stowoll well in purpose in order to note
that effect?
A. Yes; ay attention wao called to Uie fact ti at the wster
went out of the bott,om of this shaft. Tat the men were
w orking in the shaft as do<p ss tliey could work in mter.
And when mb cut the well off ten fe<3t from the surface the
water disapjoar^d there the next day* Uy curiosity .as aroused
and I experinentud a lit'le to Be*^ if I could find out
if thero vfa>') any connection botwoen the two.
Q. On su^estion of Jtir. Stevens, I inquire of you w^^ether
you cut the Stoweil well aboiH ton feet below t) e surface?
A. Yes, ^ir«
Q. And when t^iatwas rlono, in 12 or It) hours you observed
that the ivater had e;one out of the iliaft wl«re the nsn were
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at work on SijcU-tnUi Street?
A. That was the idea*
Q. An(' after ti t ape -ture in the ; ipe was cloaed did any
corroBponding effect followf
A* In a d&y or so o water i«a in the ehaft abova ann it
waa wet di &^ng a^in
Q. You didn't make aiiy note or ostiaata of the flow of
the t well No. 14 at the level of the tunnel— the Eady
Twv.al?
A* Yes; I have bad an idee about w at it woidd flow.
Q, What waB it?
A. Three to four hundred inches. T^ at is tixe eatiaoate I
nade of it.
Q. Do vou know what dojith the &idy Tunnel at Ui&t well
bolow the surface of the ground was?
A. I nhrtild judge it wao ah ut lift foot.
Mr. Chfipran: Q, Are you talking about the eame well now?
A* Isll No. hi, he asked me abvut.
Mr. Haskell: I call your attention to Plaintiff a* txliibit
No. 1. Thort! is a point hero markad Well No. 14, wliich is
at tiio nortlierly extreuity of the Kady Tunnel as aarked on
this ma|). Is t^iet the well you havo referred to as woll no.
X4?
A. It is.
Q. And 1 alfciu oil your attontion to a wail marked Well
No. 4, 1896, El. l.^S5. Is *hht the woll you hate referred to
in your testimony aa woll No. 4 and also as Qvo Stovell
well?
A. It ia.
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Q, Do you know the proparty knovm aa the Patricio Maria-
cano property, within the ftxterior boundariei of Uie Hancho
CucaxnoTv^a, consicting of 80 acroa?
A. I know t}>e iXariacano p ace.
Q« How long have you be« acquainttid wiUi t at propert y?
A, f?ince about 'e?,
0, Have you had anything to do with the ubo of the «i^nr
on th^t property?
A. Yea, si r«
Q« Do you know how much water Yab be> n la ed on th t prop-
eH,y and in connection niih it?
A. I t)\ink it as be^n rmted with ei^t inches of water,
0, Have you ever Xeaaed t.h t j^rojjorty ycureolf?
A. I had it fron Marsif ano for a ntunber of years.
Q. W^at did you do with the water and '- e l^^nd?
A« I let it t.o a Chinaman.
Q. Wiat wae i^jrown on it?
A. Strawberries and v> tables.
Q. And was th'<t water usud on the place for screwing wegtt-
ables and strawberries?
A. Entirely.
Q. During w):at ^^Briod of time was that and w^<aB was t at so
Qted to your knowieci^?
A. I think I had it for aix or sov^n years,
Q. And ;^/: en did youv loase expirsT
A. I t><ink it has irpt one or twf ^ftmrm to run yet.
Q. You are a till ao using it?
A. Yes, uir.
Q. frca what source does that viator cons?
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A. It com a ^rom the Rod Hill
Q. From thy f'ucamonjgfc SpringB?
A. SOB» of it«
Q. T rough w^iat pipe lines is t at conveyed?
A, Of theCucaracn, ■;& a tor CoBipany.
Q. Through nl at pipe lineais t e water conve ed to thi
Matthaw Tu ner property and his asBOOiateB?
A. The lines of the CuctBonga Vator Co,
Q, Georgo D, Huven?
A* The saias.
Q. Do you kno'i the UuaaeLjan property, con&^..Ling of 20
acred, xathin the eocterior boundaries of t-ho Ranch© Cucamonga,
now owied by (kor-ge D. Haven?
A, I don't think it is in the rancho Cucanon/^a, but I know
the property,
Q, Throu(;;h # at pi]»e liaea wae tb t imter conveyed?
A. CucaMOn0ifater Com{)any.
Q. And the Cucamonga acted in a carrying capacity and de-
liverfid the water to them an the ownera of the water?
Mr. Chapoa : Objected t^ as incoqpatent.
The Cvurt: a.Btained.
Q, Have >ou evee acted in any capucity as an off icor of t
the Cucamonga Water Otppany?
A. I have; as preeidont, fora good niany >>ear8, iocx of liie
COBQMUqr*
(i How jnany years? A. I should judge ei^t yeare,
Q* During t ut time riidyou hive ciiarge of delivering the
water to the persona I have narjed, or did ycur ccmp9Jijf
A. Tho conpany delivered watur to Turner and to Ifussel*
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!• I don*t think *-hay mer -"liy^^r 6 any to llarBirano,
Q. Didn't it ;^ throiv^ thoi; pipe liiis?
A. Tham was water used on tho place that tont throu h tha
pi]>fl lin<^8, but I cion*t baiiaTo ti ay aver delivered any to
liaTBirano,
0* But it wau deliver'^ on ^iw place, «aa it not?
K Oh, yes.
Q* And Uie aains with Kavwi, was it not?
A, It wa» delivered at a rart.in point; yee, ir.
Q* And t't dolivary laa aada by your coopany for t:<aat
A. Our unjero delivored it.
Q. And you chai^od th«i for tho service of delivery?
Mr, Oref^/ : Obj^icted to aa leading.
A. We c>mr|B?Kl it, but hey novor paid it.
Q. And ^bo conqjany reco^^TTiized tJ-em aa the owners of the
water, did it not?
Ulr. Chap an: ObJ cted .o aa lending and incoopet^nt.
Tlie Cou rt: Sustained. In^^frenor excepts.
Mr. Britt! 0. I dftsire to dirort your at. tent ion h«ro fsp
a f e - nrnnonta to aona ontriea contained in plaintiffs*
exhibit 32, in wir ch N« V. Stow 11 is mentioned as observer.
Rave you any record of an obaerv tion or measunsaent of «ater
mde by you Sopteaiber 19, 1901, of the water fro« the *T*
Tunnel and cienoiP^?
A. Vhat i« the aaount?
A. 30.70 inches.
A. Too, i»ir.
Q. Wliat ia Uiftt measui'— Bt, Mr* SWvoUT
A* I chucked over the Ipasursasnts sn the blue print and
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I fcfund hem correct,,
Q, Wliat meafliJ oiijont have you of Sep- er.ber IV, IVOl, dO and
ft fraclion incheii of wat^r — 3f).70?
A.I chockco all those meeturamsnts ovor.
0. On this exhibit 32, Let ■» call your attontion to this
date to which your attention /as diroctod.
A. Triat ia tlie "Y" Tunnel and cient)i_;a?
Q. Yqb,
A. Hiat ia cor'-ect.
Q. You made that aeaui^rurKnt?
A. Yes, air,
Q. And found that amount of water?
A. Yos, sir.
Q. I now aok your attention to another antry of Apnl 1,
18V9— leToral raeasurea n te .
A. Un'er 'he firot colunm, Croek Division Box, 107,25;
16-inch, 96.20,
Q . 16-inch pipe lino?
A. Yea, sir; tho socond column,
Q. Making a total of —
A. 205,4*3,
0, Novariber 11, 1901. N. '»'. Stowell moaHuroa at Cre« k Di-
vision Box, 46 inches. Do cu know anything ab out ihat?
A. I don't find it,
Q. Thorti ap^roar here bobib oeaBureoenta oftde by you the 9tm>
d.-ite on tho west side, 32.12, at Cucamonga well, &h you
call it, and nmrkod here as w«li no, 1, on Nov«uber 11 1901,
and aome 116 inc es of water of the San Antonio Wat^r Coia-
pany.
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A, I don't, find any nersorandum of it.
A. W»*ll, ail ri ^^t. I vili not atop to haYo you run . cir
data doim now, but I may want you to do so lator. I will
inquire of you w;ethor you hare ©rer obsarYod the nature of
the naterial in tho round on Uie aurface and below the
■urfuce by Means of wells or borings of any kind, wdbher
by yourself or other persons, in the territo y between the
Cucanonga Springs and thence up toward the mountain and the
mouth of C ucamom^a Canyon?
A. I Ywifo observed it,
0» What ie the nature there, speaking generally, of the
material on the surface of the -round beneath the aurface
also, as you have observed , from bcidngs and excavations?
A. After leaving the Rod Hills the surl'aco is nearly all
covorod with ^yavel and boulders. The #olls and i.hafta
dug th'-oijgh it show the strata to be alternate clay and grav-
el and boulders, witiiout uny regularity. of formation. It
is very irregular.
Q. '*hat do you mean by I at?
A. Til at there is no regular stratification,
Q. No continuity of the strata?
A. No, sir.
Q. Were there no itratas of clay that you passed t- rouj^
la your borin^;a?
A. I haven *t any records here. I haT« recoras of all
those wells. There ware some strata of clay that were 40
faet thick, and other places it would be very tiiin— a foot
or a few inches, and sorje of t>iflB 10 fe^t.. As a general
thingi Mout of the wells were about two-thirds gravel and
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bouldtri and one-third clay; but no t*o of ':• em cc rreepondod
at tha BABM d'Ji-)^ or the ■aiaft thickneBS, It would be im*
possible by boring one well to judge what kind of strata
you «Duld strike in mother w 11.
Q, How nany wolis havo you put d vm in t t Ticinity?
A. I BU[ipot<o of wells and sliafts, 20 or 20«
Q. And you hbd an oppor^Ainity to know,, all the wells?
A. Yes, air; prrxtically all *ho wells bor'id in ^h t coun-
try, the work as it progressed*
Q, State wheth^^T or not th^^re was any siaiilarity between
the formations of those various walls Uiat >i'U speak of?
A* They were siDiilar in their disiiirailarity.
Q. Wiat 1CLS tho '^Goral nature of the material?
A. ^le nature of the material .-md tho stratificntion were
very irregular, so t) at 'ou couldn't teil from ono wwll
w' at you -lould otrike in the nort one, even cioso by.
The Court: Q, How did the clay Uxat you speak of finding
in Uie wells casopare with the material found on the surface
of tho RcdHill?
A. It was the sane thing. On tiie 90-acrfj tract we struck
earth ani a similar fomation tliat tho surface is on top of
the Red Hill. T^iat is, in \h& tunnel. We found the remains
of briish raots and gpher holes and squirrel Moles at 80
fetit beiOi« the surface, shovdng thut at one time it was the
■urface of the arth at th t point. Above it would be wash
gravel and above that other stratifications cf clay and
sediiaentary deposits ,
Q. State wletlior or not in all l^e wells you found sooi
fonaations of sand and gravel and cl^y and boulders?
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Mr, Haakoll: Q. Did the g-avel that you found coming from
theee wo la ihow any evidence of having be«n worn acie th?
K» Soue of it was smooth WEiBh (V;ravei and some of it w&:.
very b arp. It varied in t. t respect, Sotae of Uic boulders
were aoEOooth wauh gravek aiid bouidors tliat it was alsx>st
ia|)oauibie to get throii^. It ia& very bard.
Mr, Britt: Q, Wat characttir of stone?
A, Grtnite.
Tlic Court: iiow l&rgo were the largest boulders tliat you
encountered?
A. In tiie '^6 well, we bo rod to about 30 feet in dopth
and oiruck a bed of boulders and had to dig a shaft to get
them out. '^ome of them would weigh a ton, and very iiard
and flinty.
Q. Were th< ae vjashed roimd?
A* W&ch bouidors, smooth and hard.
Q. How did that experience compare with t;>;e other wells?
A. The *9C well we }.ad the moat difi'icuity with on accouit
of U:e ; ardnoss of the material. It is possible, thou>^,
t' at we HQce using inferior toole at that time to w at we
were using after/rards, and the to ;ls may huve i^id MOBthix^
to do with the difficulty.
Mr. Haakeil: Q. Is well no. 14 perforati4?
A. Yeo, ^ir.
Q. From <ii&t dietanco?
A. I couldn't ill that .v htout the record.
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CroBflKxmmination.
Mr« C'\ p jin: ., At whiat depth below ^he Burfftce did
you strike wat^r in the '96 or Sto-ell well?
A. About twlvt feet, if I rerwniber ri^jht.
Q. las the water then continuous from t ere dcioi to
tli« bo t ton?
A. I think bo. We couldn't IhII Wcause the water would
follow down wherever we d g«
Q. As well as you could dotonnine it was continuous?
A. At 30 or 40 foot down w© had to sink a s' af t to ^ot
throng, and after t' at we encountered clay which was com-
pftrntively easy working; but on 'op of t at clay we
found K modx an immense nest of buuldurs which was very
difficult to 45et through.
Q, And at what depth d?d you strike that pile?
A, Between 30 and 40 feut,
Q, How thick was the stratum of clay?
A. I don't nnnernber. It was ciuite a thick strata, Diere is
are cord of it here in the court that you could find out,
Q. In theMcPherson cose?
A, Yes, liir.
Q, Can }'ou locate on plaintiffs exhibit 1 the Stowell *feill
and well no, 4 and Uie '96 well, irtiich are several na:.iOB
that ti'o well is kno n by?
A, It is l^cated at the angle of the tunnel and
elevation 1396.
C. What designaiun is given to the well?
A 1896.
Q. And elevation 1396? A. Yes, rir*
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aog 14
< S "
-^ = 1
i 16
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0. Do vou know w dtht)r t^->it ma.rki tho •levaticm of U:e
water '' n? you orif^nally etruck it or Uie sorf&co of ^he
ground?
A. The nlovation of thesurface, I be ieve, Accoraing '.o
the cwi'our it is the slevation of the aurfac*.
Q. Tould 'cu tell 4\en you wee ;i'/'ing throu^^ this atratuli
of c i y ii^mtlier tlifjro wae any mtor in the clay to amount
to anyt}iing?
A. I couldn't tell,
Q, ^^at tiiae waa it t>i::.t ,c.u cut do^n thia wt»il first?
A. I rton*t raneciVer UyQ date,
Q, Do y<^u r'riesi)er the year?
A, •? .
0. Have you any lae orandura hery by viri-,ich you can ahow
when you com need to sink that well?
A. I h?'ve not,
Q, Do you rfi! member at #at tiLie of tJ-ie yaur it was that
your attention «a« called by t}ie ownera of the well above
the Ba e Line— the Sixteenth Street well— as to 'he
B^iposed effects of tho cutMng of your well jbuL On the
shaft there?
A. I don't rerienijf^r the data.
Q. Do YOU know how deop .ator waB in Uie abaft before you
ait tho No, 4 well?
A. I t'; ink it waa about 40 fett, the depth of Uio ahaft,
Q. How deep ma U.e »& r in the abaft?
A. T at I don't know. I don't think at Uie tine the w«ll
waa bored tbat the shaft was down ^jo jater,
Q. At the time your well waa bo rod?
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A. At the tirae the '96 wall »»?• boned I don't think the
■liaft at ttiat tine re^cliBd quite to wter.
Q. Ana you know how de ;p the water vtiB there in the 8>jift
exactly or . jj jroxii:ately at the tirae you c .t the Stovrell
well the firat tirae?
A. Ae I reoembor it they were sinking at Uie time,
Q. Sinking tJie shaft?
A. Sinking thooh.aft at tVni time, and at A out the tiw
we were cutting the well they had aiink down so tl at they
got a little water in .lie but ,offl of T,ho ohaft.
Q. And you cut *iio Stove 11 mil about tan fo.-t below
tho surface of the water?
A. Below the sirface of *Jie .-round.
Q« *iat dtpth diri you any you struck mter?
A. About +Jie aat:» dopth. 10 or 12 foet, if I rerieafcor
ri jht,
Q, How deep hsd ;.'ou sunk the well i^en the •? +er rose up
to the eurface?
A, I don't r^^'-^rabsr.
Q. You Bay ■ ou had a pipe about t«R feet above the surface.
A. Yes.
Q. And thewa'er rosa up to the top of tMat pipe?
A. Yes, sir.
Q« W;» t at after ,ou h- d nompletwd the well?
K, Yes, Hir.
Q. How d^)t p Mas it when '^ou conyletod it?
A. I have forgotten.
0, Do you rwrteflfcer hrw nd'O- to the top of the ^j;round the
water was when you cut Jio voll 10 feet below the lurface?
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A. Flowing OT©r the top,
Q, ^en you cat it t en as it juet biuroly flowing over Uil
top?
A. Ujr ic^r Bsion is t! at it f loved about 20 or Zb inches
over the top at the : nrface.
0« '^len ycu cut it at Uie dopth of 10 fet^t do you know
how ouch you incroated the f loir?
A. About d-ublod it.
Q. You were then taking about 40 or 50 inciiee?
A. About 50 inc'fts,
Q. Then hov long web it before Uie effect in the ohift «ui
obaoivod?
A. Thv boye Uuit vevt working in the abaft cciao dom
DBxt morning and aaid that the water drO);jed out of the
& af t, and wanted to know liiat we were doing, tfid I ahowed
thora w i>t we had don-a,
0. But you don't know how cuich tiie water subaided in that
■haft in ordor to get out of the shaft entirely?
A. No, : ir,
Q. It nuj-iat not have beon ov er two inclea?
A, No, sir. Pr-obably not,
Q, After .^hat, /ou sy , ,'ou escperimented with well no, 4
for the purpOBu of deturLiining to yoir eatiafaction whetlier
there waa any influenco exert d bett/een thene two veils.
Do you know about how 1 ng aft»)r the f init oboervation it
vaa before you aade any cVAQgjss in your observation for the
purpose of Booing w'^e t influonno it would Viave on the ahaft?
A. I Uiink it was within a day or two after t nt trat ve
put the pipo on a^Tiin.
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Q. And f en th« effect
A . To cake the water rise in the shaftac above next day.
Q. And in the mean time O ey wore working on he ahaft?
A. Yef5, ir.
Q . Y u don't kno^; //hether thoy hiid lowered the s aft?
A. No, air,
Q. Then hiwi lo/ig ;ai; it before you next experiiaented?
A. A a Boon as I wont up and found t at they w? re b^ oTeling
out mud I opened the woll belov? a Bin, to let *Jno thing dry
out.
Q, !Iow long wao it h efc^re you diecovored it?
*. At I recolloct, it was overj' day. That ie, if I went
up a^;a found t' ..:t the y wore slioveling, I i r.odiately turned
the water loose and t}io next day I wont up and found
it dry. There mi -ht have be .n anotJior day between, but near-
ly every day.
Q. All oftheae axperiuents were within a tm days?
A. Yea, Ldr.
Q. Prohably five or six?
A. P oljably w;.thin a wook,
Q. Wien did vcu next cut tliia Stcwell well or '96 well low-
er th&n tLo 10 fcot?
A. I think it was abcit four yeans aftor.
Q. Tl'iat would bring it d^wn to abc ut 1^00, tooetiae?
A. Yes, sir; sosiewhere about t at.
Q. And th^n how far below the surface of the ground did
you cut it?
A. It was cut in the twmel V^on it was cut ut all.
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Q. Tou did*t aaks anothar cut in 'J.^t tunnel?
A. No, »ir,
Q* And ^'he tunnel v>a8 aboiit how far belowf
A. Souetiiinei like I'lO feut or a litMe acre, p/x>bahly,
Q. I beiiovo you s'.uted t at t it well t-.bt ; ou hare referred
to above the Ba o Lino upon j^iich these experir;i«ntB were
ACe wuo diig in *94?
A.I Uiink it waa dug at or before t>.at tine.
Q. Do you r&uoiifccr w eth^-.v it was thre-; or four years be-
fcx-sf
A. I had no occasion to note it, so I don't roraAer vimn
it WHU, It -ma the Frankiah & Stainm well.
Q. Dicr'i »avi a V'eM bored there?
A. Tn r 'to a vaix bored in the bot^oni of Uie shaft,
Q. How danp was the shaft?
A, About forty feet,
Q, IT s9i iii tile liitLt tiioe you saw tliat?
A. SLc or sQVon yetirs ago.
Q. Was i' in ui;u tJi«n?
A. Yea; there wau a puupiiig pian\> on it t}ie l&st tiae I
sftw it.
Q. How «aa it w^lu \,i:a oUior woiia? Did you oVbr obeerre
the offact on any other veil above the Base Line than titat
one?
A. No; tiiat is ..ne only on« that I evor ^aid a'.y alle-ition
to.
Q. You Miink t fit was the one V at was first i)ut down by
StaioaT
A. I tiiink it is the only one that they had tmx k xkiim
} i.
wiih a woil in tho bo I vera of it
Q. Of thfit Btring of wells above Bvte Line it ma Uie first
ono 00 riB true tod or put down?
L I don't knev/.
Q, iftio was it? Stauc and--
A. Frank ish,
Q. Did t.hoy put dovfn mr- . n ono «>il?
■1. T)\ey put d wn two ahafta ri t^^ n«*r there, but I V ink
tl'iere was tmly one well bored in the bottom of a b^ aft.
Q The other ia a dug well?
A. Yes, eir; a dug si aft,
Q. Do you knov which is (i.e firat tat w&s put do#n?
A. No; I do not,
0» Did ou aft rwardB oake any obeh: vationa aa to the ef-
fect upon tu'ieao vails aboye 3a8e Line, of t,ho operations
of the Stowell we il?
A. I ne¥«r dicl»
Q. Whun you laet &aw the v kll above Baae Line dirt you
ffleaaure the diatanco to the surface of tlie water froa the
surface of the ground?
A. If I r:!aefliber ri/Jit there was a puaping plant there and
^lere was no clmnce to meaaurs.
Q. And waii Uio puii^ in operation?
A. Yog, .ir»
Q. You nevrr didmske any tach aeaaurenenta?
A, I have maaaurod the wr. ter th«r a number of tiaea coo-
ing from tiie well.
Q. Iftiore. ia tliat taken?
A. To Ontiirio.
Q« DoQB i^- jy^_^2l^2f^l}i^L-lhJJLzjL-d^^iL^mi^ML
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wells go thro pji thewoir or Beaiuring box y'OO fo t west
of tholftdy Tunnel?
A, Nothing north ofBaoe Line goes throu^ ti at tunnel.
Q. f at are the waters t^at come throu^ th t bb enuring
box weat of the lady Tunnel?
A. The aters cooe off of section 4 and 5 and south of
BsRe Line and no^-th of the San Born/rdino road.
• Any water which cameB from the Keidy Tunnel and t^e ..ells
with w* ich it is connected?
A. No.
Q. 1)0 you know of the sinking of well no, 14?
A. Yea, yir,
Q. Bid ou see the Material that nan br':U"j v. up in the opera-
tion of R inuring thct woll?
A. Yoe. , iir.
Q. How iid it coopsrt with t at in tha St w.ll well?
A. T1:ie sajDO general character.
Q. The sane gonoral orjiractbr; but how was it with respect
to boulders? Were t)ia bouldora a s large or aa nuneroua?
A. I don't think tho boulders wero so bed cloi.e to the
surface a» they were in the •96nwell, But it is difficult
to tell. They had a very pow rful set of tools nd they
didn't mind mich about boulders so cxich ss we did with
the li^t tools that we had in the *9(\ well.
Q. And you cai*t r, 11 what the comparison was between thMi
in that respect?
A. No, sir.
Q. Row ab'Ut the clay?
A« It was about the aama average formation; a strata of
n < ui
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oi&y and a strata of gravel.
Q, lid you d«te nine anyUiing about the clay naterial that
oaiio from v/ell 14, w atuer t at clay 8' ratun or tatBO, which-
ever it iU/Jit be, was jjormeat d isrith water?
A. It was v/ithout water.
Q. Clay without intennijcture of Band or other :^T.erial is
generally impervioua? Sa&t wtB the fact? Was it pure clay
or a conf^iomorate?
A. Thcro is no pure clay that I have ever found in any well.
Hher? ie eno\uj^ clay mixed wi+ii Band to make it tou^Ji and
laake a ball, but not pu-e clay,
Q. Froo j-our •yo and kiiov;lod/';b of 'he country, how ia i>he
representation of the Red Hill 8 bo 'J: on the west arid eaet
on Uiia raap, compered with witat they are actually on the
ground?
• A very >jood repreeuntation.
Q« Do yua know whethar there w^s any wells uunli on those
hi*ilB?
A Yes, sir.
Q. Whore?
A. In the upper part of the 90-acre tract,
Q. How f^r from th^) north boudary of the 90-acre tract?
A. I think it is ahom on this m&p at this point, about
260 f eot from the northeaat corner of the 90-acro i.ract.
Q* That well that is represented th>3re is ju st outside
or aaid" f^-oa the hatchua which represent this hiil, isn't
it?
A. Ihe bluff of the }iill ia nearly tiie wostorn boundary
•f tlie 90-acre tract.
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Q, By t^he contour llnoB wculd 'J ''t It^ave tho wull triat you
hay© pointed out horo— irimt ia it?
A. fell No. 1, I tViink.
Q. E ovation I'iOV,
A, Well no. 1 end no. 2 are Mie two highest welie on the
tract,
0, Neither of t' em is within these aarke represfnting
mountaine?
A. YaB, nir; both cf t: em aro on the oDea and the red
hill.
Mr. Britt: If ,ou will allow the Bi*j^:oBtion, Judge Chapman,
the hatches repreeont the cien*^, r-jther 11 ^an Ihe hill.
A. The hill land is ri.t»*. >'ir«,
0. What do you mean by the bluff?
A. Thero ia a 2,0 foot diffe nca in ol ovation at the point
on the caet side of tJie tunnel and the point ri )it over
there. This is +he bluff for a mile following from the aonth-
east comer of the 90-acre tract, alracf t diagonally to the
no'th^reBt comer; tliat is the lin'j of t>^ie bluff.
Q. Now thowell t^^ot 3rou point d out first ian't anywhere
netjr the bluff of the hill?
A. It in up on the ^lill,
Q. W at do you mean by the bluff along this line?
A, The hill is on tliat aid ; a v ry abrupt bluff.
Q. All ofih above the tract liiich is east?
A. All of it above the tract just west.
Q. And how ab u t the east?
A. On the eaet there is a r^d^e that is alittle hi^er thm
it is at well no. 1.
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Q. Ib it hi^ar t(an thii bluff?
A. YeB. Tna Id^ieat contour line eiiovB 1460 faet, vt^iich Ib
50 fet;t higbor tiun well no, 2.
Q. Whera IB t>iat 1460 fuoL ccntcur? f>.at la th« ono juBt
to the west of it?
A. 10 fcvt le«8.
Q. 14%?
A Yo8, sir; Tn re ia a raiaed oap of t*at territory in th
covirt, if you wsii to aee it.
Q, You tiado it, dia ./ou not?
A. Yob, sir,
g. T at iRiB used in thm McPherson case?
A# YeB, eii',
Q, Did >'ou Hou V-e laaterial t tt earn* from t«t well no.
2?
A. No, sir.
Q. W at waa the Wfili numbered?
A. 1. No. 1 la aaat of No. 2.
Q« Viat ie ^iie one tiiat iBweat?
A No. 1.
Q. No. 1 is eat of No. 2?
A* No. 1 it; on tha eaat line of the 90-acre tract and tk .
2 is aboi t 5f)0 fef^t of no. 1-- no, about. 600 font weet of
No. 1.
Q. You have atated that you ^aare a wit n as in th UcPher-
Bon nauo.
A* Yea, nir.
Q. And tBBtified in 1%0?
A. Yea, bir.
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Q. Do yuu rowiriser that w en you wo e axauincc in tlxat
caB6 that you wore asked the f lioving queBUons, and ^ve
the following HVB-mru:
*Now ycu hava heard the teetimony aa to a conveBtation with
Mr. ArmitA^;© a b to the rffect of the pumping of thht well
on the flow of the water from the weiia knovm ab tiie Btowul
wells, Whfct hafe you tx) say afi to thiat converiiation?
•A. I thiink he ntatod the convessation quit© correctly. We
were joking ab ut tl'ie matt r aiid I was really ridiculing
tho proposition tlmt any water puiuped out of ono of the
nunerous wells noith of Base Line would affect tlie otr.t^rs
be lev, especially as th<:« aaiount boing puiapod was only f oia
about 11 to l4 inches. At the Bairie time, I }ia d no objection
to his juLiping on the San Antonio Water Corajj&ny if >ie
felt like it,
•Q. Did ou tell Mr. Armittige in that conversation t at you
had notir^d the effects of pumping the Sixtoonth Street
wells on tho Stowoil wellts wittiin 10 or i:^ hears?
*A. I don't tidnk I ioade any such stat ecriCffitc/Uiat becau..o
t^iore were no facts i.o justify it. There Yien, no possibility
to aoasuro tho anount of water at tJ-.at time or any previoua
iioB onaaqfi iuacx iiygytatnt la. a long ticie provious as to
how taich was coming from tlioso woiis as trey wfjre diachiarg-
ed in the Umnol," Did you ao testify?
A, Yes, air.
Q, Wern you at that time hating reference to the saoB
Stowell wells and the wells north of the Basa Line of which
you haTe benn speaking this af term-on?
A« The well thnt I spoke of north of Baso Line is on* of
4the
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\ i it
the eertoB tli'it miS thero when tiiat teatimony wte (^iven.
](• And at t- et tine w^en your tasticjo^'y waa given t-oru
had b0«n nothing to indicate t at the puoping of tlie Six-
teenth Stront well would hns • any effect on thoStcwell
wellB?
A, No, air.
Q. Was t ore any obBenred influence at all between t at
aeries of wella and the Stowell welle o^her ti .-.ix . :i..t you
have t/eatified to thia af •ernoon?
A. No, air. As I aaid i) en, it waa it^oBBible for such a
■nail amount of wator aa th&t— it would be irn}>o8Mible
to detect it in aovt ral hundred incl ea down b«iow.
Q. And as a liiatter of fact at Uiat ticie there weren't
any facta open to ou to justify tVio au^ijoaition thot the
pumping of tlie Sixteenth Street wells would hare an effect
on the Stowell wells??
A. I WEB asked aa to the facts; not my opinion. I h.<i no
facts* Uy opinion waa not aakod xt xkK. tx of me.
Q. But ou were ridiculing tho idea that any such effoct
would come?
Q. Ann I r.till aay that the pumping of 11 inches, you
cou dn't account for it below, becj.uoo tho daily fluctua-
tions on t nt water diacharw;ed is moro thi^n t^at anouni .
Q. I will call >'cur attention to another question and ans-
wer til' t tollofta inciediately thtat vi^ich I hate read:
"Q, Had ou ascertained in 'my m&nner whether the puuping
of that well did affect ibc Stowell wall? A. No, air." Tba±
\. Tl'iat is true.
Q • I belie vo I asked you if ; ou h^d any meaoranda f roa wh i«h
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you cuuld (loi^noine wl:iflii t' at Stann It Fmnkiah well th^t you
raf erred to was sunk?
A. No.
Q. It wuu in *96 that jou had th*M oonverBationa wiUi th«
loon that were wo « king in *Jrie shaft?
A. Yeo; I *hirk it -Jtni. *96.
Q. T^iat i& the year in i^cl you were b inking ; ^^Stowoll
well?
A. Yen, t'ii',
Q. Va& tlie Stovell woll coo^letoa that Mcie yoar and fin-
ished as far as the woll boring wau concerned?
A. Yen,
0, Do yuu remonlMr who wove t}i» rjen thdt wtro working in
thi.t 8 aft at that tiias?
A. I cciddn't toll ' ' ei riariiee. I fion*t know tfiat I uv.n
i'iavu a nemoranduffl of iiiem. I think I ccuid find out, if
you wish to know yery b d,
Q. I wcTuldlike to know.
A. I pryBuutJ the San Antonio Water Com|)any can ^ite >ou
the nana 8.
0. If , ou could give us Uio dJiact date t ay doubtless could.
A. I think I could find ♦he date. It v.a 'J\e first BH^cing
done by lie S&n Antonio %tur Cooqiany on t>i0 8s shafts.
Q. Tho entire depth of the slaft you tJiink was abiut forty
fefat?
A. It wae fat t^nt time about forty foot.
Q. And how uich wii; it lowered?
A, I think V.-^ty lowored it about twenty foot.
Q. So it was ab^t 60 feut in depth?
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A. Yea, air; I tMnk ao,
Q. In 1902 wlien you were aaking Uieso obBorvationc on
tho vrsir* at the Diviaion Box and t' e 30 Inch pipe azki other
placoB, n^t objoct '.ad yi'u in view?
K It was a loa'^. or of habit «it,h ma more than enything
elee.
Q. Had you parted with your intoreat in t ;;t soction of
the country at that tic»?
A. I had.
Q« Whtn you were superintenciing or obaenring the sinking
of well no, 14 did vou itili have any interest in t Lt
country?
A. I had very lit Vie intemst.
Q. You stiii had sofae?
A, Yeu, sir.
Q* Are you still inli^rested in the CucaMi^pk latt.r Coo-
pMiy?
A» No, sir.
Q. When did \ou cease to be a director in t bt company?
A. 190Ii, if I remember ri ht.
Q • It WoB in 1902 that you wet-e ranking these obaenrations?
A • Yea •
Q. Were you a director then?
A. I think sotne of the tine, yes. I think I reaign'^d dur-
ing the ouriner.
Q« Were ou a dir^^ctor in the rucarionga ?ruit Li^nd Com-
pany at that time?
A, Yes, sir,
Q. Was thftt well begun before or aftnr the Cucaiaonga Fruit
1
Land Conpany had conveyed its interest to the Ontario Com-
2
pany?
3
A. It waa be^^un and finiahed, if I ra— nbtr ri(£j t, before
4
they tranaferrod. I *hink the iranofer m» made in April,
5
although it was a^ef)d to be conveyed eotne lit le \iae be-
6
fore that.
7
Q, Md ^h9 well was finished about #ion— woll no, 14?
8
A. I think I igut you the date a few minutea a^«
9
Q. If ymi e^Mve it it ia not neceaoary to repeat it. We will
10
hove the evidon^e to-Bior?t)w morning. Did tl e Cucanon^ Fruit
11
Land Ccmpany aake coniiection between the tunnel and wall
12
no, 14 before it traaaferred its intereat?
X 13
al
A. Ro, air.
AMIN
EPORT
COURT
1—'
4-
Q. Had it bugun ii to make it?
M -.§ 15
B < jj.
A, No, air.
•^ i? 2
;"16
Q, How near waa tJie tuniiel to foil No. 14 at tiie time of
17
the tranafer?
18
*, About 40 fo t, if I '«iBMDber riffit.
19
Q. Up to t}iat distanro witJiin 40 f a^^t of the woll t^ie work
20
wafs dono by the Cucuraonga Fruit Land Corapaiy, was it not?
21
A, Yes, sir.
22
Q, How long had fh&t company be )n at work on 'h. t tua el
23
at that time?
24
A. Since •9ft.
25
0, That Vita in 1902?
26
A, Yes, sir.
27
Q, The Stovrell well had bo-n eiphonod into nddt hkx k Tun-
28
nel No, 2 befoe the tranafer to tJiapcwor Conip&ny?
29
A. Yea.
3
4
5
6
7
8
9
10
11
12
i ^^
20= 14
*-^
z « £
M ^ 5 lo
CQ < ui
^51
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Q« Had the tuiL ol reached woll no. 4 or t,he Stowell woll
beff e V"ji traim^-^^ ?
A • Yob, ."ir.
:. So V.fit tlie atura of th&t well wert floid^S ^'^^^ ^^*
tiiinel on the; ^^rrade of the tunnel?
A . Practically; ye»,
Q, AbcAit how ranch water was flowing?
A. I don*t r«Q8Bibor«
Q. In thti ueaaurooenta Uiat you aade in 190<: I have obaenred
that you made measuronients on Uie naat day BometimeB in
different places , and at other tii/iea the BMaaurenenta ^ere
not on the suaa day. Do you know why t>i8t ma?
A. SoBostimoa I nover want on the oaat aide at all.
Q. On January 5, 1902, you oeaBUrnd t>.e water at the "Y*
Tunnel •
A. That is ri.^^t.
Q. On the aame date yoa aaaanrad at the point of Division
between the Old Settle ra and aoraabody?
A. Yea, eir.
Q, Iftio were ^he jieraons that "ot Ihe ot^ er part of t at
water?
A. Tlifc Cucawng^ WatfOr Coupary.
Q. Ind the division dam waa ao arran/Tod —
A. It was autoiratic.
Q. — that wren *he Old SetMora ^^t 3.6.84 inchea of
wmter then, if thore waa moro, it would flow over into another
pipe lino?
A. Yea, sir.
Q. Thjit Kia Uie Cucaiaon^ .^atar Conpany'a?
JL t ^ -^
1
3
-I
5
6
7
y
10
11
12
13
- a: a , ,
S Og 14
Zx o:
to < uj
— «
16
17
IB
19
20
21
22
23
24
A* Yes, Bir.
Q, hnr conducted '^'« a^er w «re?
A, To the reservoir in Bection o,
Q. And there to w at places was it diatributed?
*. To all theaottlora »outh of ^^o reBorvoir,
Q. In ido of theCucamonga Pane o?
A* SoTJO inside nnd Bocie outside.
Q. On Janijary 5 you meaaured aloo at the wolr 3C>00 fe t
west of the lady Tunnel?,
A. TJiat is tJ-.e first weir- I measured t' at day,
Q, You had no moliiro for V nt eace^)t t^ ut of curiosity?
A. At tli£it time I was preciaont of la Waier Conpany,
Q, The Cucaraon^ Water Ccnpany?
A. Yes, eir; and I vnas in charge of the affairs of tha
Fruit. Lund CorjpGny, It wub ay bitP.inf; t to look after the
mtor at tliat time.
Q, That was the reason tat you nsre doing it?
A. Yes, Bir; thj t is why I vwas doing it.
Here ^ho Court takes a recess until to-aonow, Jamazy
25, 1908, at ton o'rlock A, M.
oOo
27
28
29
Defendant.
IN T H E
Superior^ Court
OF THE
County of San Bernardino
State of California
Cucamon^ Vineyard Co.,
Plaintiff
vs.
Vol. Xlli.
San Antonio V/ater Co.,
Defendant
INDEX.
Introduction of Deeds 11 ^i3
Stowell, N. V/. 1148 1182 1188
I. BENJAMIN, Official Reporter
CI
7
S
')
10
11
12
13
Z >- I-
z »: £
a -I £ l3
- f !!!
_ O 3
16
17
18
19
20
21
22
23
24
25
26
27
28
29
January 2:5, 1908. Thirteenth Day.
Mr. Waters: Plaintiff Old Settlore Wat.r Company offers
in evidence the following deeds:
Mrs. L. M. Nichols and A. L. Miller to Ola Settlers
Water Company. Dated Decem'oor 8, 1902, recordud January 7,
1903, in Book 3i:4 of Deeds, pa-^ 2A6,
Conveys water r. J^its apyurtunant to certain tracts of
lana in Cucamon^. Exhibit 40.
T. L. Hall and wife to Old Settlers Water Com|>any.
D(it6d, DecoLiber iiV, 1902.
Recorded in Book 327 of Daeds, pai^e 11.
Convoys certain wBttr ri jits apj^urtenant to lands in
Cucanongn. Sxhibit ^U.
Deod frou T. L Kilbourne und Alice E. Kilboume, his
Wife, tu Old Settlers ./ater Company.
Dated January b, 1903.
Rue ore ed Jauiuary 7, lS>Ob, Bock 327 of Deeds, pae^e 14.
Conveys certain wate r -hts ap^jurtenant to certain lands
at Cucam..n,;a. Exhibit 42.
John W. Moore and Mary J. Moore, to Old Settlers Water
Con^^any.
Dated December 2, 1902.
Ro<ioraed Jan. 7, 1903, Book 327 of Deeds, pa^^e 18.
Conveys certain water ri h' s appurtenant to corbaxn ioiias
at Cucamonga. Exyiibit 4j.
il-.
1
Uary M. Keller, formt.riy Uary W. Ciumins, to Old Settiuri
2
Water Company.
3
Dated NoTember 25, 1902.
4
Recorded January 7, IVOi, Book 3ii7, Deeds, page 1^.
5
Conveys certain water ri;-jitfl U|^^rtenant to certain
b
lands at Cucawon/ja. Kihibit ^i^i.
8
Francis G, Smith and Annie, fib vrifo, tc Old Settlers
9
Wat or Company ,
10
Dated Decrxnber 1, 1902.
11
Recorded Jan. 3, 1903, Book 3^7 Deeds, page 31.
12
Convoys certain at«r ri : ts aiJ.urtenantKJcc certain
.- 13
riis
B<jj,
lands in Cucamon^. Exhibit 4l>.
John W. Moore and Mary J. Moore to the Old Settlers Water Co.
t 16
3
Da^^d Doc. fatt 2nd, 1902.
17
Recorded Jan. 7, 1903, Book 327, Deeds, papce 23.
18
Conveys certain water ri/j;htB ajt^ur tenant to certain
]9
lanas in Cucamon^a. Kxhibit 46.
20
21
W, H. Denhaia and Grace Deriiaia, his wife, to Old Settlera
22
Water Company.
23
Dated Docemher 27, 1902.
24
Recor ed Jan. 7, •03, in B&ok 327 of Deede, pae:e 31^..
25
Convoys certain wate^- rliita appurtenant to certain
26
27
28
lands in Cucamonra. Kihibit 47.
29
45
1
2
3
4
5
6
7
8
9
10
11
12
13
z ' 5
«.i 15
a <
- 91
16
17
IS
)9
20
21
22
23
24
25
2f)
27
28
29
K&te M. Feron and TbomaB Feron to Old Settlers Water Coupany,
Dated June 3, 1904.
Recorder! Juno 20, 1904, in Book 349, Deeds, pa^ 166.
ConvovB certain water righti appurtenant to certain
lann» in Cucamori;^. Exhibit 46.
E. L Df.venport and wife to Old Set'.lere Water Cotopany*
Datea December 30, 1902.
Recordod Jan. V, *06, in Book o2V oi' lX;edB, page 12,
Convoys certain water rir,ht8 apijurtenant to cert in
lands in Cucamon^'^a. Exhibit, 49.
John Mnddock and wife to Old Settlar* Water Coi.ipany.
Iktoa Doconiter 3, 190i:,
Recuraod Jan. 7, *03, in Book 327 of Deods, page 24.
Conveys certain water ri htB api^urtenunt to certain
lan'io in Curamoru^. Exhibit :jO.
E. P. Nor^!.w.jd and wife to Old Scttiert faU;r Coj.ipa/iy.
Dftttjd Doceml)er 1, I'^^O^.
Recorded Jan. 7, 'Ov), in Book 32V of Deeau, page 17.
Convoys certain v/ater ri-^its appurtenant ^o certain
lands in Cucamcnga. Sxlubit 'j1.
Elizabeth Smith to Old Sottlere Wat r Cufflpmy,
Dfitod December 30, 1902.
Ro' ordeci Jan. 7, *03, in Book 327 of Deodo, page lb.
Convoys certain water ri/^its j^ppurtonant to certain
lanciB in CucacioaTa. Exhibit 52.
LI
ii'-J
!i..
' 9 T
1
2
3
4
5
b
7
8
9
10
11
12
13
" e <t . ,
z ' £
g.i 15
03 <
O 3
16
17
18
]9
20
21
'>!
23
24
25
26
27
28
29
Recorded Jan. 7, •03, in Book 527 f Deeds, pa;;:e 20.
Conveys cer'ain water ri hts |ip|wrt«nant i-o certain
lanus in Cucam n^j^. Kzhibit b3.
Sarah A. Manchest^^r to Old Sottlars Vator Corajitmy.
Dated Doctml-ar 9, 1902.
Recorded Jan.7, •03, Book 327 of Deeds, pa.^e 13.
KxTiibit M
A. Stinchfield to Old SetM«rt Wator Cotipany.
Deiod DeceiT! er 1, 190' .
Recordod Jan.7, '03, in B' ok 32V of Docd^, page 6.
Conveys certain water ri te apiJurtenarit to certain
lajid.H in Cucamonf^a. Kihibit 5w .
Alice P, South /orth to Old SottierB 7ati;r Com|jany.
Dated Tieccnbor 3, 1902.
Recorc.ou Jan..',*0o, in book Sc.7 of Deeds, page Zj,
Conveys cer ain water rif_^\t8 ap^rttneint to certain
lanris m Cue inonga. Exhibit 56.
Martha J. Kincaid to Old Settlers ater Company,
Dat^d Dece^iib r 2, 1V02.
Re( ordod Jan.V, '03, in Book 327 of Deeds, pa<;e 10.
Conveys certain v;atar ri'tita apt^irtanant to certain
lan'Jn in Cucamonga. Exhibit 57.
i.
tt
5zS
--^
Z °=§
M - £
n < jj,
^ O 3
- «
1
2
3
4
5
6
7
8
9
LO
.1
12
L3
L4
L5
L6
7
18
19
n
>■)
i5
2b
17
IH
29
Jormie P. ano . J. Hincaid to Old Settlers Water Cou^ay.
Dated Deceuber 25, 1902.
Recorded Jan. 7, 1905, in Book 32V of Doodo ]ja^ 22.
Conveys certain ater ri jita a^JiAir tenant to certain
lands in Cucamon^^a. Exhibit 58.
W. T;, Aahloy and fintga T. 4. May, Oecar Wiikine and Uary L.
Wilkine, to Old Settlers Water Company.
rated March 24, 190r).
Recorded Feb 6, 1906, in Beck 370 of Defidc, page 4.
Conveys certoin weter ri ^ ts fepjurtena/ 1 to certain
lands m Cuca.ton^6. E3:hibit 59.
All the records referred to here beinr; records in the
Rocordor'a offic^; of t;;e County of San perriardino, State
of Califcmia.
--0 —
Plaintiffs make explication to the Court for leave to
•mend tl^;e complaint. Plaintiffs' counsel j.re instructe.-d
by tho Court to prepare their acondment and suboiit the sams
before two o'clock,
I'he Court taJces a recer.a until tvr o'clock P. M«
li
I
i!
8s:
z <- >-
Z I X
2 3
5 0. o
< i o
M J Q-
B < jji
- «t
XI:
bo.
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
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ATP ERHOON SSSSION:
Plaintiffs* ccunael present their proposed amendrpent ,
aiid ask leave to file tha same.
Mr. Ciiapmiin: We object to V' e filing of this coaplamt—
aoendinent to t}ie complaint in this cu e for tuese reaHons.
This ncming when counael propoaed to amend it wae pr-oposed
to })ring in ne-^ parties osRential for & final enc coaplete
deterLiination of tlie controveray. This winer chaent does nothing
of t; e kind and there is no excuse at Uie presont tiaie for
tho anenoiient e:i:c6pt ac aji auendxiont Lo the c<*iplaint against
the San Antonic Comijariy, and the only amendment is to bring
in the tunnel and veils number l4 and number 4 w^t'iin tlie
scope of the cwapleint of plaintiff that has been before
thi'j court fcr mors than thrae yearu« Ther*^ is no r'':.si.8on
w) atovor ahorni for the araendnent,
(Biocuosion.)
Tho Court: oyer rules tha objection m<\ poniuta the proposed
amendnent to be filed. Defendant oxcopts.
N. '^. STOWX.LL.
N. . STOV/llUi, heretofore swoxn aid oxauinod, being
recalled for Uia roauroption of hia croua axtuninution,
testified aa rollowa:
Cross Examination.
Mr. Chupm&n: Q. At t! e timtb you were Ljakin(5 tiie measura-
bionts to rtliicy; you testified yestoniay, in the la' " er paurt
of lyOl, ariG more particularly m 'he year 1V02, did vou giya
us all t e uuasure. tents that you oiode of tal div welis and
l<-
1i
1
2
3
4
5
b
7
8
9
10
11
12
X 13
« ^ £ 1^
n <
O 3
- «
16
17
18
19
20
21
22
23
24
25
26
27
28
29
waters th&t 'mre flov/in^; in t at district of the Cucainon^
Springs?
A. No, Bir«
Q. Did ou Bfcko any raeasurerjonta of Me «Dunt of the flow
at i.he Ba/ie t,ituo from the Lone Star Tunnel and Uie Lcne
St4ir wellB?
A. I presucje I raade aoae during those tiucb.
Q. Have you ^,ot ^hout ith j'-ou?
Q. Wiii you produce thaw?
A. W; ut date do you wieh?
Q. You e £in, if I reweiiuber ri^^-Jit, with ac«ae tiioa in
Deccoher, 1901. You were acquainted with the Lona Star
tu-nnole, wo.e you no., and the Lone SLar woiia?
Q, Yea, mr; 1 conatl^lcted a guod p^.rt of Lnem.
Q. And w en did you construct V em?
A. I think *97 and V ^' .
Q. Diu ; ou re:er to tunnels or the welia or boui?
A. Both.
Q. Ko* ajaiiy of tiiosa tunnels vere tliere?
A, One .Muin tu/inel.
Q. Anu 30iao adjunct Lo tiie tu/uol?
A. Weil, Lure ?jiay bo ao.ue aiioi-t bmnch-ja.
Q. Waa it all oonaUnicted in *v7 or 'l-ci?
L The ori^nal tunnel waa conatrucTiea in IbrsJ, I Uiink.
Q. T£^0 oritjinal Lono Ur ruiinei?
A. Yua,
Q. V/lia^ >-ork rfa3 dono on i-. in *9'( or *cj?
A. It Hii^ cioanuu Ouo, ro-tiiiibereu anr. extande up '>o
walla tliat woro boixid in *97,
A
1
Q.
How many wells?
-)
A.
Two wolls.
3
0.
And they are known as the Lone S^ar Wolia?
4
K.
Yes, sir.
5
Q.
Were puoping plants erected on those?
6
A.
yos, 3ir.
7
Q.
W}ien?
8
A.
I think Ln *'JH.
9
Q.
And did i^'ey begin pumping?
10
A.
Yos, sir.
11
Q.
W' ot was dono <vith the water taken from the Lone Star
12
wells and tunnela?
X 13
A.
^n^.atwas convoy-d in tho pipe lines to tho northeast
as ►- 1-"
_ C X ^ ,
comar of Let 6, section 3, aid connected with the Cucamongft
M -. £ l.->
ga < u|
Wat
r Cofdijany's pi^e system at t t point.
-■2 =
i 16
0.
And who conducted it fz-ora the Lone Star tumiels and
3
17
wells to t at point?
18
A.
The Cucamonga ?'ruit Lana Ccupany,
19
Q.
Bid that coapsny construct those tunnels and wells?
20
A.
Yos, nir.
21
Q.
Doo3 it own t aci yot?
22
K,
It belon^.^s ^.o the rucaraonga Water Company,
23
Q.
Wion did Hey acquire it?
24
'•..
In 1902.
25
Q.
W' at -Mas done ath the waters fiom Uiat tunntlf Wmrt
26
we-
B tliey used?
27
A.
On sections 1, Z ana 5, and tha section soutii of that.
28
Q.
You still iia?e reference to towiship 1 south and 7 west?
29
A.
Yes, sir.
Z ^ t-
_ r (t
2 ° S
5 1 o
■~ T CC
O
^ J £
1
2
3
-I
5
6
7
8
9
10
11
12
13
14
15
16
17
IS
19
20
21
23
24
25
2h
27
28
29
Q. And neither eection 1 or 2 wab within the Cucamongm
Ranclio — Section 1 wasn't?
A. No, sir.
Q, And the eaat h&lf of aoction 2 waii not?
A» No, sir.
Q. Dfliat «R8 the ot>,er section?
A« T^ie aectione i :.eaiatuly south of those bectiona.
Q. And all of thoae which lie e ist of the center of Bec-
tion 1, 11 and 24, lie outside of tiie RanOio line?
A. Yes, . ir; I baiieve bo. And coveriiig the land inside
of the Cucfluaonga Ranch© up to *hG Vineyard Comi^any's land.
Q, Now these puops were erectea w en?
A. 169ft.
Q. And did they conroence pumping then?
A. Yeo, sir.
Q. ''ere thoae aters used continually f -om i> at time up
to '98 in the irrigating season, do„n to au far as you knew
anything about it?
\, Yea, air.
Q. What wore the cieaaurements of he aaounts of v attr tak-
en from this Lone Star Tunnel and 7/oll8?
A. I have no cieasur omenta of those da be a. Fram 40 to 60
inches v/au the aiODunt received from thorn when we firat put
ticm in— tho pumping plants on the wells.
Q. Have you pt the exact anount?
A. 1 think 1 could et it off of a c lart in uhe ot ler case.
Q. Do you reiOBmber now about when the tunnels were first
put in?in 'ey?
A. No; '97 and 'b.
1
3
4
5
b
7
8
9
10
11
12
13
« !; *-
ZEE
M -. 5 Id
B < jj,
J O 3
17
18
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20
21
23
24
25
26
27
28
29
^ — i.i„,J*Z
Q. Can you friive ub the greatest amount that Wire obtainad
from t <;t tunnel and '4bHb?
A. I tl-iink as hi^ an 60 incheb haa betm obtained at one
tine, I tnink t at is ab(>ut tho mAYimiim araount.
Q. And ^/i j avera^ during those years waa about w^at?
A, I should jiAdge betw^j^n 40 and 50 inches, as long as I
knew anything about them,
Q. Ihen was tho last year?
A« 1902. Wlien it. was convtyod to the Cucamonga Water Company.
Q. ^hen you were raedting nieasurwajnts for the Cucamon^ia Wat
er Company tat you gave ub uhu other day, die you mke
measure/iientB of t?ie flow from the Lone S'ar tunnels and wells?
A. Yetj, sir.
Q. fill you give us those ueysureraents?
A. I don't fina any in IVOl or •2.
Q. Whan you were making those meaaureaientB at the 50 inch
pijie and the weirs Lo the west of the tunnel, ^00 feot
west, you were not ijaking nny laoaauremtmts of 'he aters
which cano from the Lone Star wells?
A. Te«, sir; I did nake sofiie . I find one here May 29,
1^02, from Uie Lone Star woll, at 9:4.") in the morning.
The depth on the wrir was .292 and th^ wxdth of u- e weir
was jO in ones.
Q. Whoro ./as that weir set?
A. Wy recollection is thfct it was very near he mouth of
tho tunnel, which is at the northwest comer of the 51)-acre
tract, near the Bale Line.
Q. Is t at noiur Uit mouth of tho tunnel?
A. Yes, sir; probably a few hundred fe«t from the mouvh.
JJJ3
1
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5
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X- 13
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20g 14
M -1 i Id
i 16
o
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22.
2},
24
2;
26
27
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29
There was a noasuring box.
Q» How laai^ w^ila were there on Mnt Lone SUr t/ract?
A, Tvo.
Q, fto raoro?
^. ^!ot that I raneal>er of.
0. Did this weir t at you upeak of sraamxre bli t^^e .>rfctur
th&t vae proceeding b^th froa the tunr^eis br?d the well a?
A» Yen, (sir; t ere 'an no ot ar pips line or other naana
to convoy tiie a-or a'^ay except ti^irough ♦*! &t diTieion or
meaburiu^^ box near the northwest cornor of Ui.e 5L>»acre tract.
It ie marked on thia exhibit "Weir ^:n, s,"
Q, On •? at exhibit? Plaintiffs' ilxfiiLit 1?
.'. It 18 marked on Exhibit 1,
Q. Did thia Lone S^^ar tract haTO fcny other dteignation?
A* Yea; lot 11 and 12,-1 dcn't know i*.at 1 bluck ia,«of
tho Cucomonga Homes toud Aacociat^ion.
Q. Do you knosy the niribor of ecreo?
A. 40 fiCroB,
Q» 'Vaan't il oor.^etic^e kno«n as tiic *j.--acre t.rtict?
\ >Io, Exr.
(>. You were a witness in tho McPhorson c^ac?
A. Yob, sir.
.', I want to read from your eiidence a moaient, and a k you
if you rj xiuber f^Ting this testinony:
Mr. Haskell: I htvon't objected to thiE line of t«Htiinony,
but tho testimony now brou ,hi out by tiie dt)f v^nt ant froo thia
witneaa is in tho lino of ori -,inal testimony, not /;ono into
in the exataination in chief* No w'nen a ^oation is ans.ero
in a way that does not aatisfy their interusta, ti^ey seok
i ■
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i >^y^
to croBiiex iiaino their own original testimony.
The Court: Aesining t at ho is t' eir onm witnesa, they hacr
ari'^t to ir;ipeach him by ah v^ing t bt he has oadf other
statement B at other tiaes.
Mr. ChaptJian: I ari not trying to impeach him so a&ich as
to rei' reah hiB nitaiory. I am reading f : Lia page tki5.
■Q. You have bo n I'amiiiar with iocalitioa where places
were sleeted to put down wella, and with ti e wrater busineas
geno rally?
A. YuB, air.
■Q. And you selected it becauoo you thou--ht there was ater
there?
"A. If I hcidn't thou ht I would ijot mter I wouldn't he.Te
put it there,
■Q. T' at is, you put it dovm because 'ou thoujit you would
f3st ;ater tiiert?
■A. Yoa, sir,
■Q. Why did you think so?
"A. T' ey tried e orywhere else and liadn't found it, and I
thoa;;ht I ./ould try a nev place. Tliiit is the only reason. under
heaven. If I vfeti going to to-day 1 wouldn't do it t ere, I
would box-e on the Red Hill. It is better ground.
■Q. They iiave n't put any tiiere?
"A. Yes, Bir; I have one on the Lone Star, 'Jid it is the
best one we have .
■Q. Tliat 13 not on the Rod ^Tiii shown on ihis njsp?
*, Yes, sir.
■0. Tl:e Lono Star?
■A. Yes, sir; the elevat-ion is l4b7 feet,-- the highest #»11
1
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the©.
Tlie Court: t^. jo t t Uie Rtid Hill?
"A Y0B, sir. It rune ri ht back heB, These contour liiios
run around like 1^:at, T at ia \ha high point there it any-
were from Lytle Creek on that line till you get clear
over here.
, But thor^ is a ridge running up to the raounttj ins?
■^. Yea; about here. And below the Lone Star there was ui
old spring years ago. The Lone Star spring is locatod below
where the Lone Star wells are?
A. Yao; air; southeast from there,
■Q. And i oro ia a sort of a a^^ale or basin running up
throu^ there towards the mountains, and in the other direc-
tion filSO?
■A: TJu .• IB, pediaps five or six hundred feet to the
east of it and perhaps five or six hundroa fe&t to liio weit
of it. But that particular v/eli is on the higliest point of
the land.
■Q. How deep was the well?
"A. It is aho.vn on tJ;at blueprint. It is well no. 6.
"Q. 459 foot IB correct, is it, Jr. Sto^/oll
"A. 1 think t-mt is t.ho dupth,
n. There is an old water coairae running up U ere down be-
low the Lone Star?
■A. I should judge it was the Divide
■Q, Where tht.t well is?
■A. Yea, sir; at the hi^est point. The water will run
from there oit ler way, a it or west.
Q. There is a water cowrue below the Lone Star, ian*t thure?
'y
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■A. There is a littla draw up there and there uood to be a
8i ring perhaps ir>00 feat from ti.urc, ana 'he extension of
it north would be aevf^ or ei fit hundrod feet from the well,
Thon thf^rt is another dra. ove.' on the other side that rxuia
up to w at is called the Haakell placi on this :.iaiJ.
Q. At each of those placoa .vellB are found?
"A. Yea, air. Anr^iere in tlire ; lailsy fron there, either way.
■Q. You only know r,luit when, you put th«n ciovm? You hjiven't
put t am dov/n anyv/^ or?i?
A. foil, ther'i is a wellaray out here on tho edge of the
map; pdc obacs £nm k ikxit I ^uut down tro sliarts on Lot
Ic myself, Tr ore is ■<mtor flowing in Uiie welljia th re la
water flowing in t at well in de endant'c exhibit no. 4
on Uie east edge of the map about the Hernioaa Colonyi there
is a well vith water in it. And on lot 12 end just east
of ___ Avenue above the Base Line t' ere are two ahal'ta
with '«/ator at an elevation of 1524 fe-t and 1325 feet re-
apt tively. Til re io water on tho 55-acro tract at the
nortiieast comer of HoMcian Avenue and Bate Lino. Diere
is five wells on tat tract, til of wVich prudace ..-ator,
70 or 7t) inches boing puiped from them to-day, and tr ere ia
a turmel on ■Uiat same tract t*^at flowc If) inchee of water.
T^ien t; e Lone Star Springs on Lot 6, tLor« is some water
comi^ig out of the ground -ere yet. Th're is a well on
Lot 12 adjo ning, with water at 1388 fe^t."
•hat wells were you speaking of on the 55-acr6 tract?
Mr. fla akttil. We object to the qunstion on the j;rouiii t)iat
the witn us is entitled to hare the nap ehovwi his to which
that testimony refors, before aris .ering it.
/
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6
7
8
9
10
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12
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Tlie Court; Yeo. Do you underBtand l& question?
h I underatand the testimony perfectly well,
Q. What is v.. a 55-acre tract there awationdd?
A. A tract of land south of the Ba:ie Lme,
Q. And it is not t^e Lone Star tract?
A. No, sir.
Q. And T.ot 12 is a part of the Lone Stur tract?
A. One lot 12 is. The other lot 12 ref-r ed to in that
testimony is in anotSior bl ock.
'', You were not there testifying as to itelia in the Lout
St'ir tract?
A. No, air.
''■■ , TFio tunnel t' at you refe red to, is t at a different
tunnel?
A. I me referring in '.'at testimony to the Lone S'ar tun-
nel,
Q, W at was the Lone S ar Spring?
A. On Lot 6, rid t adjoining Lot 12.
Q. How far re the five wells t hat you speak of on the
.^:i-acre tract from the Lone Star?
*. The nearest one is probably 300 fe^t from the Lone
St^r Sprin/^8.
'. . And the furthest hov/ far?
A. Diagonally across a 3.'^-acro lot,
0, Did you make any measuremcmt of those wells in 1902?
A. Yes, air.
'" . How much did you find trere?
A. I can't tell you tne indiTidual wells; I can tell you
the a<7;^re jate.
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Q. Weil, l.he a^re^-^te-- of the five, do you moan?
A, Do you want t.hem on tho eame date?
Q. Ab nearly wlb you hav* any of those dates. Qivo us hat
too*
A. I liave got this twice a .vsek all thro\j^^ trie year,
probably,
Q. 1902?
A. Yes, sir; Uie early part of it; but it would take a
wook to read tiiom throu^.^.
Q. I don't v^ant to take a week, but give us Bome of the
dates, close to the co responding dates.
Q. Do you v/ant all tJie meaaurernentB at all Ih© places?
It will tiave time if you take tliom all.
Q. GrO ri/.'7:it ahead t an.
A. On Decomb er 2, 1^01, at 10:20 A. M., I measured the
Ontario water. »'67b by 40 inches.
Mr. Britt: Q. lere was t'lat?
A. 3000 feot west from the mouth of the tunnel no. 2.
Mr. O^pnmn: That is not the five wells referred to VieB?
A. I aci '^living cu all the toaBurementB on t at day,
Q. You have /^iven thoBe,
A. I don't think I havo given you th&t date*
Q. Then ^;ive us tl:at.
A. 10:2f>, Cucainon^, .lob by 30 inclieB. That is at the
moiith of Tunnel No. 2.
Q. T}iat is, Cucaaon(^ Water OooqjBBy?
A. Haskell woll, apprx)xiziifitely 2^56 inches.
11:25, t>ie South Ride, as I call it, wliat :< ou call the 35
aero tract, .301 by 30 incliea.
Q, Doen that laeasuro all five of those wolla?
A. Yoo , air; everything iimt coraog from the 3fi acre lot,
and an/thing t %t mif'^.t coae from i at otlier lot IZ,
Q» %8 t' at OMUBured over a veir?
A, Yob, ir.
Q. Vtiat lias its width?
A. 50 incheu wide. Tliatwtir is tit the eame place tliat the
Old Settlsro box weir is, at tht c«nter of necuion b, on
Heilnan Avenue.
. Ii3 that where the ater is divided?
A. Yob, air.
Mr. Britt: This io incorapetont fividonce. It la not cross-
examination.
lie* Chap £ui: I am putting it to hira as crossexuiaination.
Sfr. Britt: Wo object to it a'- not proper cross examination.
Tlie Coulrt: The objection is overruiod. I can't t 11 hat
its a tect will be at this t,ime. It is till in the tame gen-
eral controversy.
Mr. Britt: We haven't any disposition to be very captious
or tttchnical, but it looks as if it ss inouponuont testi-
mony of the defendant.
TliB Court: I think you are bound to got it in before you g t
tlie caso submit tod, any way.
A, I have a measurement of December 14, South Side weir,
11:35 AM . Depiii ,olo; width 50 inches. Ola Settlors box,
2-o/b inches, pres.'iure over the center of tiie aperture.
Mr. Haskell: Q, »,at dona ho South Sido refer to?
A. The 5f) acre loi, .
Janualjy j, 1902, 11:20 A. M. South side .279 by 50.
M E s
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Q, Were thoee five woiio t at you spoke of p\jmped ri iit
gtrai^t along every auci.ier, during the irri^^ating eeaaon?
A. I couldn't say aa 1>o t at«
Q. Did you evor measure i em before t at ticw?
A. Yea, 8ir#
Q, How long before?
A. From the time iht first wall was bored.
Q, How much v/ati^r m.B yielded by those welle ] en they
were first borad?
A. I tjiink some of thewells flowed as hi{^. as bO incjies.
Q. Do you remember w at all together furnished?
A. I could not. I ahould judge the yield was about 60 inches.
Q. Of the vfhole five of them?
L Yes, sir; some of t^iem were pumped at times, but gener-
ally it was j'^ravity flow.
'J-i\ Britt: 0. Do these meaauronenta t'^at you are ;iving
about those wolls include meaiureiaent.s of puftjed v?ater
as well aa natural flow?
K, yty impression is that they were being pumi;eo at t at
time.
Xlr. Cliaprian: 0. All of *.'.em?
A, I ttiink t ere ./aa just one w^ll pumped.
W. How were the other four being used?
A. Well, the Ki^elle in Uiat tract were sympat' etic. If
you pumped one the others went down.
Q. And if you pumped one you would practically pump all
of 1 om?
A. Yos, 3ir.
Q. Ttiey wore not artesian v/eils tlen y^m. they were ori-
i ii-^
1
ginally borad? Wren was t*jit?
A.
I ttiink in •98
3
Q.
Ho<« vouCIl .^ater uid U oy pun;)?
4
A.
I t ink about t)0 to (0 i^ chee.
5
Q.
Do you renenber in 18'-9 in Karch of negotiating a sale for
b
■t the C'lCaiQonga Fruit Land Coupany to the San Antonio
7
Water Coorpanyl, the defcindant here, of iJio developed water
!5
on the tract junt woet of the 90-acro tract?
V
A.
YeB, air.
10
Q.
Were tiere well a t ore tlien?
11
A.
Yea, air.
12
Q.
How riaiiy?
.- 13
■J
A.
One.
Q.
Only?
g!ii5
(0 < ui
A.
Tluiro waB one wuii t at I ma negotiating about.
r 16
Q.
Anu w ich well was t at?
17
A,
Number 4.
IH
Q.
Tat ia the Stowell well?
1')
A.
Yea, air.
20
Q.
Had you sunk another well cloae to ti, .t and prior to
21
the
80 no :otiation8?
22
A.
I think in '97 or '8 there were two well a sunk 9oxy
2.^
near there •
24
Q.
How far apart were tiiOy?
25
A.
I ti'ink about 100 feet.
20
I think the two vielle were about 20 foot a.>art« I Ui nk they
27
were numbers 7 and 8, if I lum. mboi- ri,.^.t. I couldn't tell
28
wilhout iookiri^ at the old dia ;ram.
29
Q In the coirse of those negotiations do you nsioumber moet-
it >
%-
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7
8
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ing MiH. Finkle, the engineer there on behnif of the San Antonio
l^tor Company, and X(r. Shepherd the aecretary of that com-
pany, out on the round, and discuaeing t'ne Blatter with
t^em?
A. I preaume I met them there,
Q. Do you remembor on the l')th of March, 1819, that they
were tl^ire and aakod you wetlior thotse *elia were likely to
afi'act or bo affecteci by otlior woila in Uiat Ticinity, and
yoiir telling t; eta t et tr;ere waen^t any danger of any in-
fliionc'. exerted by ono ovor the otiier at all?
Ur. Britt: Objc'Cted tc as not proper croBsexeraination.
Tie Court: Sustained.
Mr. Chapiiian: He testi ied yesterday aa a aatt.er of fact
tliat the Stowyll well vhen it wac cut down 10 feet below
th'3 leyel, he took the vrater out of the ahalt of & well sunk
by Sta;:ii-i & Frankiah above Bauo Line, and I ant t^ prove by
this v/itn '88 or otriera, if he dispute e it, that when Finkle
on behalf of the San Antonio Water Coupany and Shepherd the
secretary of ti et company were negotiating for the purchase
of the ri f^t to develop water on this tract, th.at this wit-
ness told them that tiiero wan no dang»r of an influenct of
one well in t' at section on another, where there *.,s t
distanco of 100 feet, and t at V ey asked him ]jarticularly
about the walls above Base Line, whether one of ti;ea ex -
ertod any influence on the other, :jad he told them they
26 did not. r at wau in 18V9. when ha eays he cut down the
27 wells and eoptied the v/ater.
yi, The Court: In so far as you aak for his obaervaLion aa to
29 the facta, it is all ri ht.
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Mr# ChapmsLn: I au not sking him for his opinion, but as
th the fact.
Ihe Court: Anking a man if a thing ie likely to hapijon ie
the same mb asking his opinion if it will happen. Sustained.
Defc^rKiant excepts,
Q. I will aak you if on the 15th of March, 1899, Mr,
?inkl8 and I'r. Shepherd did not enk -.ou w! ether the Stowell
well no, 4 had affected or had be>-n aJ footed by any of the
wells north, including the Stajirn and ^ran^ish well which you
apoke of yos^eraay, and did you not tell them that it was
not affectod?
A. I don't rociamber any conversation of that nature. But
I did point out to ■iem that wella a^:.anding 20 fe< t apart, -
tliat on© sunk in tho tmnel did not affect a well 20 feet
disUmt wiiere tiio ater stood 80 fe.;t above the tne t'-^at
was cut off bolow,
Q. I don't think I exactly unaorstund t.ut a?., ar. f . ore
wore th se wells that you spoak of?
A. One WHS in tunnel no. 2 and the ot er was 20 fe-.t distant
from it. If thsy were sympathetic and one acted on the other
thH one that was cut off in tiie tunnel woulc drain the *oll:.
adjoining.
Q. But ii didn't?
A. It didn't.
Q. The .ater stood hour hii'h above it?
A. 80 feot.
Q. You did tell them t at?
A. I showed it to them on the ground.
Q. And showsd *hem that t bt was the fact?
^'U
II
£1
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4
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I 6
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A. That in that ground thoy didn't affect one another.
Q, Did they not at t»at same time aak you in ro/jard to
walit had be^^n observed with referenco to the weiis north of
there and including the Frankish k St^ama well idiich you
spoke of yesterday, and did you not tell Uiem t^ at neither
was affected by the other at all?
A. I can't n<4ite w ether I made any such 8tato:.:ent as that
, but I nev'ir did notice that any wells on Uie 90-acre
tract or ab( ut there were affected by any wells above.
Q. Fow many wells have ytu sunk in tiiut section of the
country?
A. A couple of dozen.
C . And voii have knovm a i^ooa many otliers?
A, Soveral.
Q. Did you in your experience there and in the manageoBnt
and condTict of your ai" fairs pay any attention to ti.at par-
ticular question?
A. Yec, sir.
Q. And didyou attempt to observe as a fact how one well
was affected or socraed to be affected by the operations
upon the other?
A. YeH, Bir.
Q. And 'ou did t'at at this tunnel no. 2 when you were
boring those wells, did you not?
A, Yes, sir. The only place v/ ero I ever found any direct
syLijjathy between any wolls was on the '6'' acre tract,
Q, That is oast of the Curamonga Springs?
A. Tho furthest east of any developtoent with which I
was connected.
11.
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Q. You are ai.juaking now not of any opinion but of facts
observed by youi'aeif ?
A. Yea, air.
T^ia Court: Did you itate to t)>eni tha abaolute facta?
A. I tihow ed \):Qa ri^ijht on the ground,
Q. Whatever a fceaente you m':de, were in connection Wxth
the facts tliat you illu8trat^:ci on the ground?
A, Ye&, bir.
Mr. Chapman: Q. Did you tell t (n or either of t) em in
t lat or any other converaation #ien t^ey were negotiat-
ing for this rii^ht of developuient, of \.he fact tiiat you
stated yesterday, that in '96 w- en you cut the woll No, 4
10 : eot below the level of the water that the water in the
sliaft of this wall of Frankiah & Staam went out?
A. I dicfri't tfell t am t at. It waa a mattor of cociion
notoriety.
Q. You didn't tell t em?
A. I probably did not,
Q. Ur. F inkle did make m great many inquiries in rer^ard
to t t mat 'er, with a view to knowing how raiich land to
got to protect a well from influence?
A. I t ink w. tedked it ov<:)r soae, I don't t.J;ihk he in do
any inquirios. At least, it as not iiuprcBsed on my mind.
Q. Do you reriember a conversation t' at has be n iven
here that Mr, Shepherd was present?
A. No, air; I don't remer.iber any particidar occasion wlien
I tiet i 'jm 1 o^ether,
Q. Do you reraembor any particular dates?
A. I suppose f -oi. moaoranria I could tell i^o was therei.
1
Q. Have you f^t the ruemorandum with yu?
A . I may have , if vou giTo rae the date .
3
Q, I iriah you /ould turn to the date March lb, 18^V.
4
^. I haven't any date here au early as Uarch. The first
5
I have ia April 4, ie9V.
b
Q. Do you remoni)er when you ccncludud that transaction
7
with the San Antonio Water Cor^jany?
fci
A. I think the first transaction '«au closed up on April
4
8, 18'.'9.
10
• And w at ia the first dt to tht you have?
11
A, It say Tuesday, A^ril 4. But I fina a date March Z/i,
12
Q. Haven't you ,^ot one of March 15th?
X 13
■1
A. No.
- ' «' 1 .
g. Who was present on March 22?
2 « S
a < ui
A, It says "F. C Finkle's oeasuronent made March 16,
^3i
ri6
IBi't.-
17
0. It aon't contain any notes made of a conversation be-
18
tween you?
19
A. No, sir; merely the sumniary of the tieasu eounts which
2U
he oade at that dhte.
21
^, Does t t aeciorandum aho-.' that anybody else ^ms pres-
22
ent?
23
\, It is juat a r»morandui!i of he meaBuren»;ntB; it does
24
not sliow t! at anybody else was present.
25
Q. ere you an ofiicer of the Cucanionga Fruit L nd Coapany
2b
at V hi time?
27
A. I ms a director.
28
.}, '/Hio wan president?
29
A. I. •'• Ilellman.
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Q, Did you hold any other o'fice than t at of diructor?
A. I raiptit, ave been Tice president at t at time,
Q. Do you kn w who negotiated the transaction w t the San
Antonio 'A'ater roo^jany on baha If of IheCucamonga Fruit
Land Company?
A. I think it was done throu/^ an agent in Ontario.
Q. I mean on behalf of iJie Fruit Land Company?
A. The board of directors.
Q, "Didn't you yourself cwiduct tho negotiations zataniy?
A. To a certain extent, yes, ^dr,
Q. Did you hold any office in the Cucsinon^ Wbter Cooapany
at Ihat time?
A. I tb.ink I was president of the Water Cofupany.
Q. And how long dia you continue to be president?
A. Till about midsummer, 1902.
Q. And how long before that !iad you beon proi,iaent?
A. Probably six or sevon years,
Q. Now have you f/;ot he memoranda or notes from which you
can tg.}Hi us the mtasurenents which you made of the walls anc
all other Boasurements on the eatt side, from '9^^ down?
A. I don't find any measurements in '^^ on those wells,
Q, In 1900? I am Sjjeaking of tht East Side wells now.
A, I understand. Here is a measurement of UieLone Star,
Friday July 14, 18'^y. T^iat is the ^jearest.
Q. How raiiCh?
A. 3-ir)A'' ^^ depth, 30 inches wide.
Q, That is over the stne weir?
A. l!ho same sixe weir.
Q. Not ^he same weir? A. I think so.
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at the Baz!w place? ~~~~
A. I think uo.
Q. Did th;>t include puiq}ed water?
A. It do isn't say. I don't think there was any fixed weir
in tliere to sea iure that in '^^V.
Q. Wrb there in 1900?
A* I think r r. Oaffy made a number of moasuraoibntB
there at tliat time, but I don't think I i^u-d any weir to
jiBfcBure with.
(). In 1901?
A. January IV, 1900, is a mBasuroiaent of thu Lono Star:
2-5/8 in depth, 30 inches in width.
Q. Did that incliide puLiped water?
A. It doosn't Bay.
Q. Can't yiu state ^iiet' er t ey were poqping at that time?
A. These memoranda wore roade for ny ov/n use from day to
day, without roi^^ard to the future, I never had any idea I
would bo calleo on. I made thnm to make my report to the
board of directors. If I had burned the books then I
should lifevo be;;n Tory hapjiy now.
On January 27, 1900, at 2:20 P.M., Old Settlera Box,
it was running ovc:r the overflow 7/l6 inches. Thu South side,
the depth was 2-9/L6 inchea and th width 30 inci ea. Ti at
was Burely at th t timu gi-afity water.
On Fob>u-;ry 18, 1900, 3:50 P.M., South Side, 2-7A6— No,
it iv. *30" instead of Souti' Side. Tliat is a measuroBient of
tho :^-in(h pi]je over at the Mountain Vieiv Hotel. I meaBUi-uci
tho Old Settlers wiki/ Box at 4 P.V.. and it was half an
inch over the overflow.
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The Lone Star at 4:30 ne<.Burod 1-1/2 inc ee by 30 inchea.
Q. Did t'at i cludo pumped water?
L I don't know.
At 5:45 I laoasured the «a er cociing frco the 35 Acre lot,
South Side water at Ninth Stru'^t in Onta. io or w at is now
Uplands, 3-1/2 inchaa deep by Ih in(' es.
Q. Were wm t; at?
A. In Upland; in the Ontario colony.
Q. T at ian't on the eaat side.
A, The water carie ^>ora the 35-acre lot.
There is a memorandum on liarch 8, 1900, that they w«r«
getting tlie engir ea ready on the Lone Star to i)\}irsp water.
The South Side or 35-acre lot, or the South Siqj box,
meaaured 1-3/4 inc he a deep by 30 inc lie a wide.
Q. Are tlioae T.one Star welia ayrapathetic?
A. No, sir. No ether weila anywhere Uore are ayupathetic
except the one a on the 3;) acre lot.
Q. VP en was t at aecond Lone Star tunnel conatructed?
A. There waa only one Lone Star Tunnel.
Q. Wail, you extenaad it at one time?
A. Yea, air; in •97.
Q. Horf far was it extend od?
A. I think tlio original tunnel waa about 400 feat long.
Q. And the extenaionma from the north and of the Lone
Star?
A. Yea, air.
Q. And the watera obtained by t at extenaion war© carried
thrown the main Lone Star Tuiu^el?
A. Yoa, air; I U-ink it waa extendod abv it 1000 feet.
.^g)
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Q: In 1897?
A. MoBt of it.
Q. Wrien was it oompletod?
A, I aon't kno.'i tlmt was aftor my day Af t- r 1^02, I think.
Q; How far ■«i8 it extended in 1897?
A. About to tile first of the welle.
Q. Of the Lono S^ar wells?
A. I don't kno,.'; it n^ ht have connected both of the welle,
Q. And w at diBtarJCc would tl^at be?
A. 10C)0 or 1200 feet,
Q. Do 3^ou mean now tsat it rai^t have heon extend d to
both of those wells in 18V7 or '8?
A . Yee, sir.
Q, Weil, proceed with your measurenientB,
A. Ttiere is a jemorandura here about well no. 4 on March
8, 1900. Wall No, 4 siphoned dcv/n about 60 feet. Well No,
8, 25-I/2 fe-it to v.ater. T at ia the well ri tit adjoining
it.
Q. Have you ^ot any measureiaent of the wella on the east
side about t at samB tioie?
A, The only thin^ I m asu ed t-at day was the Ontario and
Cucanioniga .
Q. Tat ia not on the eaat side.
K, And on the south aide of the 35 acre lot. But I gaTt
t^^at nieasurenent , On March 14 at noon, 1900, Lone Star
weir, jfadt^ 'A-V/lC incl\')B dOijth by :60 in width.
On the 1< th of Manh at 2:10 P. '. Lone S'.ar pua^ed, 5-1/4
in depth and '<iO inches in width.
At 2 o'clock P. M. the SouUi Side, txi;^ l-llA^ inc es
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L^-i
in depth and .60 inches in width..
The Old Settlerb Box disc' nrging ator under 4-1/2 inch
pressure.
Aj-ril 4, 1900, Lone 8t.ar, de^jth ;ii-loA6 incl.eo, width 2iO
indies.
South side box, .14 in depth and 30 i ches in width.
April 1 , 1900, Si.Of) in he morning, tlie Lone Star, '6
inches in depth and 130 inc^^es in width.
April 13, 1:40 P.M., South Sido box 1-3/4 inches in depth
and 30 incl.es in width.
April 16, 3 P,}',, Sojth Side box I-II/I6 inches in depth
and 30 inches in vadth.
Old Settle ]'8 box discl-iarging wator inder 4-7/l6-inch
pressure.
AQril 30, 2:15 P.p.;., Lone Star 3-7/32 i.iches in depth and
30 inches in width.
2:55, Old Settlers box discliarging under 4-3/8 inches
pressure.
May 5, 1900, 1:35 P.M., Southsioo box 2-3A6 inches in depth
and 30 inch.os in width.
Q. W at place did you say t at was?
A. In the center of section 3.
Q. South—
A. South Side box.
Q. D:!ore is thnt?
A. The centf;r of section 3.
Q. inhere does th^t water cone froa?
L Tl:iat wont to the South Side tract , Ontario.
Q, ¥ ere did it cotae from?
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A. Prom the 35 acre lot,
0. Is t -t all the wat^r t at cazoB from the 35-a ere tract?
A, Yes, air.
May 28, 1900, 2:10 P.M. Lone Star, ^l/4 inches in depth
and 50 inc^iBB in width.
Juno 9, 9:30 A. M. , Lone Star, ,116 of a foot, 30 inchei
in width.
June 20tJi tJiere is a note "finiBhed well on the we at branch
of "Y" Tumoi."
Q, ^;at year was that?
A. 1900/
2:10 P.M., "Y" Tunnel, 3-l/4 inches in depth and 36 inches
in width. And here is the log of the woli.
June 24, 3:50 P.M., Lone Star, using ccwuprusser on «ell no.
6. Deptii on the u-ir 2-1/4 inc es, 30 inclies in width.
June 27, Lone Star well No. b, itajoJck well punp Z-k revolutions,
2-I/4 inch a in depth by 30 incntjii in width.
5:15 P.M. South Side 2-3/4 inches in aepth, 30 incites in
width.
Friday June 29, 3 P.M. Southeide box, depth 2-7/a inch«t,
width 30 inches.
June 30, 11:15 A.M., Lone S*.ar pumping both wells, ,5-7/16
inches in depth by 30 inches in vddth.
July 2, Southside, 2-7/8 inches in depth by 30 inches wid«.
•Y" Tunnel, 4-I/4 inches in de.-th, 'iiS inc^ es in width.
Jul^^U, 1900, 12:^10 P.M., "Y" Tunnel, o-llA^ inches in
dej)th and 36 inches in width.
July 13, 2:2r> P.M., Lone Star, 3-.>A - inches in de.th by
30 inc}^08 in width.
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July 27, 12:15 im iKjc±k P.M., Lone Star 3d 3-1/4 inchaa in
depth and iiO inches in width.
Southside, .147 of i foot in depth %nd 30 incboa in width.
Au^ist 8, 1900, 1:5C) P.M., Southaide, ,Zk6 of foot in depth
and .50 i nchea in v»idth.
kuf^Bt 24, 12:56 P.M., "Y" Tu.nel, dopth .274 of a foot,
wid th thre ' f e et .
1:35 P.M., Lena Star — the figure ib so blurrod t at I
can't nay.
Septokber 4, 1900, 12:50 P. M., Southaida, .228 in depth,
and width 30 inchea.
Q. ,228 means thous-jidtha of a foot?
A. Yeo, i:ir. Septenher 19, 11:10 A. M., Soulhside, 1-9/16
inchoB in depth and 30 inchea in width.
ll:h:> "Y* Tunnel, depth .253, widtli 3 fo«jt.
12:10 P.y. , Southside, .23.5, 30 inchea in width.
October 3, 12:35 ?JL, Southaide, depth .129, wioth 30 inchea.
October It', 12:40 P.M., Lone Star 1 inch in depth and ^
inches in wj.ath.
Movember 12, Southaido, I-I/2 indiea in depth, 30 inc?ie8
in width. L ne Star, 2-l/2 inrhea in d^pth, 30 inc^^ea width.
Ur. Grreg *: Q. You are turning no / to meaauromentB of another
year?
A. Yes, iiir.
Q. W at year are you in now?
A. Tho yt-ar 1900.
Q. When you give ducimala what do you mant
A. ThoiiBandtha of a foot,
Deceniber 4, 1900, 10:55 A. M., "Y" Tunnel ,29^, width 3 ftet.
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Here is a fact about well no. 4, if you wiah it.
January 11, 1901--
Mr. Gre^j: We ure just ai^kiiig you about the a&st aide.
A. T at is the time tlie well wu cut iiito the tunnel.
Ir, Briti-: Q. la this a raeaaureraent on Well Mo, 4?
A. Indiroctly, yea.
Mr. Briti>: I v^ouid like to know w)iat the infor;iation ia.
However, you can pasn it and I aill return to ih on re-dir ct
d:>caxaination.
A. F b. 11, 1901, 1:50 P. M., Lone Sl-ar, .029 in de,>th, 30
inches in width.
April 16, 1901, 2:25 ?.U,, "Y" T rinel, .552 in depth ana
5 foot in width.
2:45 P. M, Lone Sl.ar, .148 in depth, 30 inches in width.
May ^, 1901, 1:45 P.M., Old Settlers box dxuchai^^ing uricor
four-inch proaaure,
2:4'"> P.M. Lone S'.ar well No. b pumping w th air. De,>th on
weir, 2-I/4 in(h6B, width 30 incnea.
May 18, 1901, 10::).; A.M., "Y" Tumiel, .517 in depth,
3 feot in idth.
Lone S'.ar, depth 2-3/8 inc}ieB, widtli 30 inclios.
Old Settlers box, .3'i 1 in depth throu^) uti aperture 16 ai.d
a fraction mcles by two inchea.
SouthaiiiG box, .017 in dopth and 50 inches in width.
July 2b, 1901, 10:45 A.W. "Y" Tuni;el, .356 in depth and
3 feet in v/idth.
1:20 P.M. Southside box, .248 in de^tli, 30 inc „;- xii width.
Mr? Grof^;: Q. Wore I oy pumping the wells at ihe "Y* Tunr>el
at that time? A. I think not.
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Aufiuat 18, Southaioe, 10:4*^) A.M., .328 in de^th and ^
incnee in widUu
Old Settle ra box discharging under 4-inch p'-cBaura.
2:20 P. W. "Y" Timnel .224 in depth and 5 fe^t in width.
Triorti are a number of oeaaur omenta here t' at I can't make
out, 80 I won't read t eoi.
September 17, 1901, 12:20 P. M., T" Tunnel, .175 in depth,
56 inc '08 in width.
Dec.;jaber 2, 1901, ll:2r) A.M., Southaide, .501 in duj^'u. and
30 inchoB in width.
De<oraber 14, ll:3n A. M., Southaide box, ,51b in dopth and
30 inches in width.
December 23, 10:60 A. M., "Y" Tun a, .249 in dewth and
3 fe t in wif.th.
Jamary 5, 1902, 11:20 A. M., Southaide box, .27^ in depth
and 30 inc^iee in width.
February 21, 1902, 5:12 P.M., Southaide box, .260 in dv^pth
and 30 inchea m width.
T" TuTi'iol, .24^^ in dept' and 36 inchoa in width.
April 2!», 1902, "Y" Tunnel, .259 in fle; th, 3 fout in width.
Jun 6, Southaide, .276 in depth, 30 inc^iea in width.
■Y" Tunnel, .118 in do^jth und 3 feet in width.
Mr. Gre@^: Q. Have you any meaaureoient of the Lone Star
and the 3^^-acre tract on ti^•'t dey?
\ I have no measurenient of the Lone Star on theae dates
t t I have not read.
Septe bor ; , 1902, 2:10 P.M., "Y" Tunjiel, no water.
2:30 P. M., 50 inch pipe line, 7/8 of an inch in depth,
two weir a, 36 inchea w de.
October 16, 1902, Southaide, 2-7^" in depth, 50 inchea in
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width.
A. I don't think I have s^t any othar meaBurenenta after
t:jit data.
*.(r. Chupraan: (\ Do you know •7horo the f^ina well in?
A. Yes, lir.
Q, W>ieroabout8 ia it located?
A. It ia locatfciri in the tkp par part of tliu cianaga on tha
east aide, I aluwld say 700 feot v/eat of the weat branch
of the "Y» Tunnel.
0. And how far f ^ « the Oucamonga Spriiv^a?
A. IcLBdlately north of tie Cucaraon/ja Sprin^pi.
Q. How far fli8^.ant?
A. Parh&pa 150 feut,
Q. Do I'ou know »'hen that well was put down?
A. No, air,
Q. Do /ou know Uie depth of it?
A. No, sir.
Q. Do you know wiiether it was pumped or not?
A* Yee; I have seen t em puB9)ing it.
Q. Did you ever make any nfeBurements in t}:uu null?
\, No, eir.
Q. At w at time do you know of its being paB9)ed?
A. At the tioa I -.as working on the develppmont on Helliaan
Avenue
Q. Do you remAer hat year that wwt
A. I ti^ink it was abcut *V9 or 190C). It was a very anall
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27 if fair and a very poor pump, and t* ey pumped very little
jratar, PooHibly 20 inches at the outside.
Q. That is the China wull?
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_
h. Yea, sir,
Q. What woll was it of wl ich you eaid ycu had the lot^?
A. On the branch of ty^e "Y" Tunnel.
Q. <.? at wafi the ciTaracter of the catorial found 1 ort?
A. I can f^ve you the lo^;, if you •"ish it,
Q. Can't ycu p,iiQ tib a f^ oral deacription of it?
Mr. Britt: Let him give thy log,
Q. All ri ht: Grive us the log of thit »<oll.
A. Wobt branch of "Y" Tunnel. Sii&ft 42 fetjt in aopth.
A. Froa 42 to 61! foot, hcaty ravol,
62 to 108 feot, watex- gravol.
10b to 110 fp t, clay.
110 to 1^16, wa'.tif ;ravel.
146 to I4i^, clay.
146 to 176, gravul.
17(. to 160, clay.
180 to 186, gi-avel.
18(i to 190, clay.
190 to 212, gravul.
212 to 2^0, hard gravel.
24^1 foot of 1.) inch pipe.
250 to 2i32, dead gravel. T at is jjravtl without water; dry,
252 to 514, hard >tt vel.
314 to 320 watei- gravel.
320 to o?A, clay.
324 to '67A, water gravel,
Z^, to 3^, yollow clay.
358 to 5^)8 cijgc.coarao clay.
358 to 3>2, clay
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362
to 370 dead /gravel.
370
to 374 clay.
374 to 504 gravel.
414 fet^t of 12-inch ca fling; balance 10-
inch casing.
Top
24^1 feot Iri-inch casing.
Mr
. Haskell: Q, W' ere is t at well 1(
3catod on thiu
nap
eadiibit 1?
A.
At the extreme end of the west hr
.nch
of the "Y
• Tunnel.
Q.
Could you locrat! it on plaint J'fs
exhibit 1? Is
it niark-
Hd
■Pellmn W«ll Mo. 2"?
K.
Yea, nir.
Q.
On thiB exriibit 1?
A.
Yob, Bir.
r
. Chapman: Q. Does the jlace wV^ero you
hate the
entry
of t at log Bhow the dates whon they were
observed?
A:
I have ^hom scattered throt*^ t}ie
bi.ok
, at thu
Liuei
that I was there .
%
Could vcu tell oiactly wi^en tliat
rdl
vttLS sunk?
A.
I C'uld, by hunti g it up.
0.
W'ion did au con «nce it?
A .
I couldn't roll off hand, but, probably
sixty duys be-
fore the 24th of June.
n.
24th of June of ^'lat /ear?
A.
190(;.
Q.
Ib t' at th') first wull bored in t^
"Y
■ Tunnel?
A.
That is the second well, ^or instanc ,
on Ucnrio^
•
/» Msy
28,
1900, in one of lay tntvelB around
^(. 8
.0 w^iat vaa ^.;C'ing
on,
I kept account of wi^at work wa: beint^
dono and
I set
it (
jown. At :;i;40 p.m. on Monday the 'Y* Tunnel «ra8 :
in gravel.
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Q What day of the month?
K Tv>o ^^tii of May, 1900.
Q Have / u in tliat i ook the 1^; of any other well?
A. Only t.itt one,
1.. I moan in tliat way.
A. Dion I paBsed a woll I found oit what .. «...> wuro di:ri;ing
and I set it, down in t e nook.
Q. Have you the logs of any wsil on thewast Bide of that
Red Hill?
A. I iiavo logs of all of thom,
Q. In tl-iat bo^>k?
A. No.
% Have you the log of any of U.em in Ui.at book?
^. I preoujt3e wall no. 1 would be in triat boo> aonuwiivre,
or in soLiG of the so books.
C. Whtt do vou alludo to aa oil no. 1?
A. Tlie "Y" Tunnel well no. 1.
Q. But you have no woll on thowbtit aido of the Rod fUll
in that book?
A, No, air.
Q, When was wull no. 1 bored?
A. Imrndi&toly preceding 5 wtll no. 2. P obhbly throo months
proce-uiinA;.
Q. IIow fer f»-om it?
A. I judge about SH)^ f«3t.
Q, Plavt you p^t t?ie log of t>i«t well tiicre?
A. I couldn't locate it just at, this moment. They boo 1 to
bo 600 feot apart, atcorain^; to tho loala on the nap,—
betwonn well n . 1 and well no. 2
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■ .?0
Q. And which ia the aoit northerly?
A. Woli no. 2 IB a fe^i foot further north,
Q. You Bay you have ^he lo/-; of w 11 n . 1?
A. Only as it ia Mcattored trrout'Ji by the different dates.
I haven't /^t it compilod in any one place.
Q Did ou in ke^-pinf^ a record of the wells ke.-p a record
of tho temperature of thu *ater in t' em?
A. Yee, sir.
Q. WiertiaboutB?
A. Tho "Y" Tun/iel wcll^, I had the tenqjori^turo of those.
Q, Did you have any on tho we at side?
A. Yes, air.
0. Which one?
A. No. 4.
0. Have you -ot it thcire?
'. Mo, Bir.
0, Do ou know what it was?
A. IJy iupresBicn is that it was about 7:^. TJie "Y* Tu/jael
well was about <j.
Q. Any other well ttiat you kept the temperature of?
A, I don't think I have any record of any of t' {«i,
Q. Do you know \i^iether the temperature varied as bhe w^li
went down?
A. I don't remcnber anj'thing about il. I don't iiink 1
ever took the temperature except after .i.ey uru finished.
Q. Dia you over take tho toDiperaturo of the ciencjao?
A. Yob, air.
Q. What ms it?
A. I don't reraiii.ibur .
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Q . Have you no rusraoranduja of it?
A. Soiijft«f}ier«, yee,
Q. Y<u ttiBtified about toupu rature in the McPlierBon caet-,
did ;vcu not?
A, I don't remomber.
Q. Do you re.-itJuVier t^jstifyiii- at follows:
■Q. Did you in olio coiiraa of puttia;^ duvm tho8»i ^elle take
tho tenTjora"':riro of tho water t/iat you wsro rfjctuving
which f lowod from these wuila at theafl great aujio t, in the
suj.itjor tirao?
A. Ye I-, air.
Q. ^iat ma t-iiw \.c-mj;9r'.-.tur<) aiid ho?/ die it ao apart v/ith
the temperature of tho aurfj^ce flo^; throughout ti^at count, ry?
A. TVio wallB Taried from 70 degrooa, tho «;art;o8t, to 60 do-
grof-p, the coolsst,
■Q, Tltat wao in the Bumiiier?
A. Yen, Bir,
"Q. And at wa^ tjio t-araperatiire. of tho cienegaa?
■A. The iML^K'.fir touperitura varioa froa 64 to 6J,
■Q. So "Ui it tho cionoifja water is cooler than w}iat cobmb
from tlio de'iij v/uila, evtin in tho auijuior tiuo'
A. Yaa, axe; very pjiich cooler." Do you remombar thut
tebtiaaony?
Mr. :ia8kv3il: Objectod to as incoupetont, irrelevant and
iiaaateriul and i^jas noV ing to do with the isauaa of t};e case,
and from ivhich m i.nf ornm o can he dravvii. It is a well
known ffict tiiit \,-ni character of t>io soil thro ^^ which water
i.>a«i;a8 end otJier rjonditiont. changefli itn torapenjture,
'a't, Chapi.^an: If you are correct Lbout that you oji't be
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hurt by the evidonce,
Ttie Court: Ovorruled. Into "venor exco,>tB.
A. My recollection of thoue thin^ w&e fraah m ay mind at
that tirao, and I ]jrt)sui.ie I testified to it as therti stated.
Q, And if vou did so testify t' ere then it wau correct?
A. Yob, air; much moro apt to be correct t>ian anything I
could gue.:B at now.
Re-Direct Examination.
Mr. Haskell: : . In re ;.rd to this well of which you haTS
given "ihe lo^, you have /^-iven a part of the log dA consist-
ing of yellow clay. Can you describe t'^ut yellow clay?
'. Only the difference in ^he color.
0. '^afi it of a fine nature?
A. I don't reuijraber ,
Q. Or cofopact or nixed with graTel or sand?
A. I can't t:::ll vcu anything about it at this late date.
Q. Of this water gruvel: What kind ofgra?el did ;, uu do-
nominato water gravel?
A. Any co€LrBo jf-^ravel that has water in it— not dry.
Q. Then you denoiainate anothor claaa as "gravol". fliat 4os
ttat?
A. That is .'•ruvol that is more of e cemented nature. That
does not h Id water. Ihen a well m&n pulls up his pump he
can tell whether thero is free gravel in it. And free open
gravel is called water gravel, wliere if he pulls thd ^Aimp
up the wator follows it,
Q. And t>iat which you call "gravel" is y^iat?
A. Dead gravel won't respond with water when the pump is
puilou up from it.
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Q. Y u also clasaified a certain portion of thia as being
clay. What wae that?
A. I hnven't any definition of clay. It ia clay, thiat is
all.
Q. Purri clay, not interniingi ad with anything oIbo?
^, It is intermin^rled witv^ sand. AH clay there is.
Q. You also denominate dead gravel.
A. That contains no water and it is fVnorally between
two i:npe-viou3 s' rata of clay.
Q. Does this dead gravel solid -fy in any way?
A, Ii/ aay, of ton; if it wau solidified very much it //ould
be called cttiaentiad gravel.
J. And in your CLaabification dia you distino^uisii between
Quad gruvol ana ceri nt^d f!;ruvsl at all, or did , ou cill it
all dead gravcil?
\, No, sir; I ciill it ccuont gravel. Cenent gravel :..a hard
to drill t roUf^ and doad gravol in roJiparatively easy.
'■:., No?/ wiUi rufcronce to Uas Eady Tunncil wliich ou refer
to a well flowing ijito it aai anotiier utandin^r, not far »way,
with 'fl&te-- at a hi^er elevation. Will you locat. -.hose
to wellc on this rnbp Exhibit, 1?
A. 'fell no. 6, wiiich is clcae to '- e 1896 «ull, I buo mazlL-
ed on ihit inap.
Q. That is which one of trie wails in regi.ixi .-o rfiich >ou
teatiiied?
A. I Qon't reiueciber.
!. And vhich ie the other well loarkeu on this u^p?
A. I don't recofTiize it by this map.
Mr. Brit : i You mentioned on March 8, I think it was.
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119^
1900, Well No, 4 wan siplioned dcwn about oO fwot. If you
can find tl^iat entry I .vould like to ask you a le** queationB,
A. I j.,:ve found it.
Q. W at Ib the witry at lon^h?
A. It Baya 20 feet. Well M . 4 siphoned dovm about 20 feot.
Q, That is the wall also called the Stoweli woll?
A. Yy8, ir.
Q. -'ai; t at Uie first time that thttt woil was lowered by
meanB of a siphon?
A. Oh, no. I th^nk it wa- lowered away back in '98, but
there is different roenorandiuas in dif'erent ideces, Rifjit
in this it Bays Well No. 8, 25.5 foot to ^ator.
0. And wiiat you call Woll N^. 8 it how far distant froa
the Stowoll well?
A. Just will in e few fe=it of it.
Q. This aiphon process w^^b frcm the well into the Kd%y
Tuiinul?
A. Yob, sir.
Q. And the 20 fe^t lowering by means of the siphon was
from i«^t level, if that is w at it means?
A. Fell No, 4, when it was not siphoned, would flow over
the surface. When it was siphoned down it went Go*n
BOLie times 20 feot aund sometimes more and some tines
leas, a cordintj to how well tiie siphon would run. SoueticisB
air v/ould ret into it and it wouldn't work so wjII,
0. The siphoning of a well, is it an intermit Lent process?
A, SoraetiLies the water went over by gravity and soneti/.ies
it v/ould draw down 20 or 26 feut .
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dQ. V^en you uk© this expreae ion "trio well waH oiphoned
dovm 20 fecit, does t>iat eaean that it roraeiined portMinent-
ly Biphonod d"vm t}i'it far, or t at it w&ts juot a aingle
occurTonce, anc t .it it roee a^in?
A. It was supposed to be a permanent thing, to sipVon it
downto the limit., Thore wae an arran^^mont in 'ho siphon
wher(.' the workman could open a valve and open the vent and
let t e air ■;et in or out, and t.> un le could close it, so
that it .vould draw the ater down a /jood deal more than if
thfire waa air in ^he siphon.
Q. %8 the siphon a fixed appliance?
A , Yes, sii-.
. And runs constantly all the time?
A. Yes, sir.
Q. Did the siphon require constant attention, or hen it
was fixed in place did it work tutornatically?
A. They f^nerally look after it once a weok.
Q. So t)iat t at entry means that the w-jH was at that ;^im
pum^/ed do'.m from the surface auixa of Uie j^round about 20
feet?
A. I had the habit of measuring all the wells to aee how
far to the Burfac© of t e water it was, of ,/hich I have
hundreds of mor;ioranda ana measureaents.
Q. Does that signify triat by means of the siphon tlie water
was lowered 20 fo t lower V.-.n *he curface of Uic ground?
A. Yes, Bi.r.
d About how long did it remain at that level?
A. I didi't take any other memorandum of it, T> 'To is of
otlier wells, but not of Uat well.
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J
Q By thiB cjention of the siphon producin^^ a lowering of the
wat r, I suppoBB it indicatea that iiie well lad not ben
ccmiected with the Kady Tun? el?
A It wao not connected till January, 1901.
(^ Have you a niemorandum of it, of the ticje of the con-
nection of thnt well with tieEady Turmel?
A. Yes, sir. I think it wat: January 11, 1901. The siplion
•topped about 10:50 ana the water broke in at the face of
the tunnel and t t a vOp^^ed the siphon on the surface
about 10:50 on t .e morning of tl-ie ilth day of Jan ary,
1901.
Q. And tJiat connection was mado at tiie <^ntde of 1^ e tuiir»l,
I suppose?
\, Yes, air.
Q. W ATI that connection was made w; at was the effect on
the vfells? Do you know whether it increaBed the flov/s?
A. Pixiifl the mea8urof:Bnt, it increased the flow of t^ e
well aboiit .jO inches.
Q, Do ;/ou know how inuch it discharit^od int^ 'he tunnel?
^ I do not.
Q. Do you know at any tine af ' erwards?
A. I don't roawmbftrx ever ascertaining exactly what that
well flowud.
Q. Aft r tiitt connection with tlio tujinel, I suppose tlie
water did not stand any hi^er in the wt 11 above tho tunnel?
A. No, sir.
Q. It £J1 poured out into the Kady Tunnel from ^he well
dir'^^ctly?
A. Yes, sir. That is it.
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Q. Was ^.hat Stowall Well or Well No, 4 ever capped at the
Burface?
A. Yes, sir.
Q. At w At tine?
A. When it waa first bored we plu^^^ed it up for ^ho time
being.
Q. How long was it kept capped?
A, It vy&sn't capped permanently. The way we Btopped the
water, vta extended t .e pipe higher up bo it wouldn't over
flow It. Wo regu atod tiie flow by the eleYation of the dis-
charge.
Q. It dischar pc* 10 feet above t, e surface?
A. T at wati aboii the limit, vwien it wan firtt boi*ed.
Q. And you regulated the flov.- by cutting the pipe lower
down or below the 10-foot elevation?
A, Yes, sir.
Q. And you dictn't rely on tho cap to restrain Uie flow?
A. Not necGBsarily; no, sir.
Q, W at became of f' at water that ran into the Stowell
well Iraa tkii after tho tunnel reacjed it, in the winter
tine? fab it being used for irrigation at that time of tiie
year?
A, I think 80. I think they used ail the water those yeare.
0. In the wini-er bb .ell as the bu. lier?
A. Yes, sir.
Q. 1901?
A. I believe it waB a pretty w«t win" er but I Uiink tiiey
used it all.
Q« About tii&t Helliaun lell Ne . Z, did you BUpei intend
« I Hf
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IXM^^xiMoa. the putting down of that woll?
h. Y-^.n, air.
Q. Do you know wheth v the caoing of the well hhb perforat-
ed so ati to allow the increaee of water?
A. YttB, sir.
Q. Do you know at w;.at de[.th below the lui^ace?
A, I don't reaeirfior.
Q. Was it ^jerforated mot-e than oncet
K, Oh, yos; ail the water bearing atrata — do«p onea--
wei'o perforated.
Q. You mention in ^^ •..' log of t>!at well that for a^'out forty
feot or such a matter there was heavy gravel. Do you mean
boulderfi?
*. Mo; coarse gravel; the size of one •a fiat.
Q. Is tliat water bo ring /jravel?
A. Not necessarily,
Q. Do you rerjBmber whet er the wells 8topi;ed in water b ar-
ing mutoriala or in dry la&torial?
A. I don't ro: -J Liber.
Q. W^iat waB the diameter of t' e Stowell w 11?
A. The firat 100 fet:t was 12 inch; after that it was re-
duced to sevun-inch.
Q. Soven inc es where it nitTwrtw inter sec tea Uie tunnel?
A, Yo8, sir,
Q. Soven inches all the way do«n, fron the tunnel down?
A. Yes, sir,
Re-Cro8& Examination.
Mr, Chapcjan: 0. When »!r. l^'inkle was there in March, '^C-,
was theru a well t>^en connected with this Eady Tunntl?
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A The'% weilB? No.
Q. Any well connected with the Kady Tuiinel?
4- <^fti^**«AB t 8t?
A. 1 t^ink well no. 9 was conr.ected in. And there m» a
well in t^ e a^aft at t at tioe.
Q. And what well was that?
A. I think ^5c. 7.
Q, Who sunk t at well?
A, I had t' en sunk.
Q. By w at compe' y?
A. AnderBon sunk two wells ti:6ro.—
Q, 1 n»an by what conpany was he eci ployed?
A. Ttie Cucarnonja Fruit Lam Compcoiy. All Uiewelis sunk on
the west side end outside of ti-e ^0-acre Iract were sunk
by the Cucauone^a Fruit Land Comijany except the laet end of
well no. 14, «4iich iiio Onta io Power Company paia or.
Q. Did they sink *iie last end of ti.e well or did Lhey oak*
a connection?
A. They took it over bof re the work waa finidhed.
Q. How deep v«B the well ^en they took it over?
A. I don't reiaeniber.
Q. Was it as aeop as the level of the tunnel?
A. Oh, yes.
Q. And a ^^ood deal deeper?
A. Ob, yeai it «as practically coiaplotoo.
Q, Now this siplion in well no. 4 or ^he Stowell well,
did,vou haje any aj^iaratus in that by which the siphon
A. Yes, sir,
Q. V t waB it?
A. An air vent in ^iie top of it.
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Q. You gave the meaBU: eiuent of t at i»ter?
A. At one particular date.
Q. Did you measure it ht ajiy ot er date or tiae?
A. Yes, cir.
Q. It varied considerably?
A. Yes, sir; sometimes it ran by ^;ravity and sometimes it
would be 20 fe ;t down in thewell.
Q. The cut in the pipe was about ten feet below the surface?
A. Yes, sir.
Q. Did ou ever cut it any lower?
A. No, sir; not till it was cut off in the tunnel.
Q. I mean before it was cut off in the tunnel, w' en you
lov/ered it 20 feot you did it by means of the siphon?
A. Yes, sir.
Q. How deop in the well did the siphon ejttond?
A. About 2^ or 50 feut, I suppose; one joint of pipe.
Q. Belov/ hore it was cut off or below the top of the ground?
A, Below the cut.
Q. When this water was siphoned into that t unnel what use
was made of t At water and by whom?
A. Part of it wont to Ontario. I sold the water at Ontario.
Q. Ttiat is the 30 inches that you sold?
A. Yes, sir.
Q. And w at waa done with the rest of the water?
A. It went to the Oucamon^ Water Coiipany.
Q. How much?
A. Probably 20 incbee.
0. No more?
A. After it was cut of fin the tunnel there was more than
t at.
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Q. I mean befor(j it was cut off in the tunnel,
A. I can't 1 oil how it was divided. I don't reneober.
You mi ht find it in t t old taatiiiiony. It wab ail worked
over there at Uiattime. In the McBierson caae.
Q. But you don't reaember?
A, No, sir; I Imven't the meooranda here.
0. The amount t>tat wont to th« west side as «60 incliaty
and you don't kno-j *hat eiraount went to the Cuci^._.\ja Wa'.ar
Company?
\, Mo, oir,
0. How were thoy fretting it?
k. It went ti. rough the tunnel.
Q. Bat from v/hoia did tjney •^^et it? You rentod it?
^ No.
0. How did the Cucaiionp^a Water Ooi;ipany obtain the cater
that the T'ruit Land Con^iany d^voloped?
A. It wen' into ♦heir ay atom— into "heir pipe ayatiB.
Q. Under w at arrangeraonta wit.h the lYuit Iiand Company?
A. No arr*int>*>'^nt wnatover.
Q, Didii't you leaee it to the Cucacion<^ WkC^r Company?
A, No, sir.
Q. Did tho Cucamonsa Fruit Land Coo^any lease it to the
Curar.>onf;ft Water 'orapany?
A I did loaae li:em pnother 50 incliea Uiat I had.
Q, W>:ercabc.i:t.a?
A. I h^d 30 inches that beion^d to the Townaitd. South
CucQEQDnf^a. 30,8. I rented that,
Q. Where uiu tliat come f^-om?
A. It miblB part of tJie y&teci.
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Q« But from w^ at particular aource aid it oontf
A. Any wat«r thht »iB unrier the control of the Cucanongn
Wator Comptiny,
Q, TVioy l)a6 all the watt^r ttiat ccmje ^>om this Sady Tunnel
except thin 30 inchea that you Viad acid to the San Antonio?
A« Yo8, t'ir,
Q, Hoy had about 30 incheu beeidee V'ht w ich yon did
lease them: Whfsro did t •t 20 inchea cone fro«,—
A. I didnH apjak of 20 inches.
Q. 30,
A, 50 *C inches of water.
Q, ^lorc! eir! tV-jt cone from?
«. It oasie from anyirtiero # ere the Cucarion/ga W.'ar C<Mi*
pany had watorl, on tho eaat side, north oido, vest »ide,
or Lcno Star.
TiKJ Court: O.'fcLH it reproaonted by atock in the company?
^, It vae ropreaentod by actutd dood of t e v^ater givon a
groftt nany yenra ago. that went to South CucaoungaTowr.aito,
and I .rot it from t' cm and afterword a exchan^^d it for water
•tock in tl^i© Cucanonea v"?ator Coci|iany— part of it,
Th' r*' is ono correction i .. lah o tiake, I read ov eti-
denro or tranocript and it b ^-rae V\r,t 1 aaid tl.at 1 i- no
intoreot in UieCucaraon^ Water Con})any, I have aoue a tock
in t -it company, and aliiu in ^Jio San Antonio Water Coqpany,
1, How?
A. Yen, air; about t>/o-thirda as aich in the CucaBX>ngat at
I have in ^h^ Sm Antonio.
Q, You don't JiOiri nny of i xci. in ho Cucaaonga Water Coo-
i.^any now?
M<K^
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A. No, air. That ie >" at I had in mind r on you aakad tha
question. ^
Q, Do ytu rsrenber toeti ying in *.ho McPheraon caoc to
the following orfect:
*Q, You stated on cross tJCBBination U ut you vuuld find
out from your record the torr-B f th« Itaao to the San Ari-
tonio people, ae tc loosing 20 incheo of .'atar, IImvo you
got tliat record now? A, I can r.;iT« you the amoun** Daring
•98 I rented (50 inchoe of water for which I ret aited $5105,50,
Q, For hoi» lon^?
A, For tho aeaBon,
Q. To whom die you rent th?.t? A, I rwated part of it Ai ^.h
San Antonio Water Company and part of it to the Cuceanun<>
Water Conpany,
0, How BTich did /ou rent y.o the Sen Antonio at or Compinyt
A. The oxact anount I can't fif^uro up It ran by noBttr,
Q, Couldn't you approxii,ate it?
A, It waa ai^jrojciiiiatoly 26 inchoa,
Q, How much did the San Antonio 'ator C0':*ny n-roa to p»y
you ff>r t^ {it 20 inchee of water''
A. For w at t)iey had in *^b 1 ^^ot $2b per month per inch,
W at th.e Water Tonpany ])»ad me was $10 i^r inch per annum
for wlat thny ad,
>i. ut .aLer company do you raoan?
A, Tho Cucaoont^a Water Co ijaiiy,
Q, The San Antonio ^'ater Coipany |jaid you $25 per inch
pei' Eionth?
A. Yos, oir; for 30 inchos, as near ae I could mi^e it*
Q, T oy took the balance t^at the Cucinonga Water Coopany
didnH got out of the 60 incheet ^ They tcok the bilanc.
Ce
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of the 60 indiea fron Uib Cucamcn^ Waicr Com*ny, dici thoy?
A. Thoy U^ok the balanre which the Cucaaon^ ..ater Cocapary
dicinH take and thA North Ontario Do eatic lupply ditfi't
take.
Q. ^'liere did the Iwigartrtr WnqmWf. ytrttt balance com fron?
A. It was w' at '^ left of the ^0 incJea mS. idcat that I
h>d at t'Qt time.
?. I aaked you v»' ere it cans froa. I cidn *i ask you *f at
you had, but "xhoTv didf'^at watsr cooe f^on?
A. The QourcoB, do 3/cu nean?
ft, YoH, air.
'. It carao from the '96 well and the west aide of the Hi 11.
0. W .'it portion of the wost aide of theHili?
uncior
k, 30 inchey of It '-aa water which I roceived ixam that
to the
dc(i(' fron thuLand Coni>any BJf '<''ai>er Conuany, and I u other
30 inchoB waa w at I wae entitled to from the '96 w«j11,
Q. The do -d f om t^.o Land Co mpatiy to the Weter Coauany? Do
you mean t t 40 inc' ©a? A. No; t::ore ia a ClaeaD, if I
rfvK'inber rigjit, nnri ui-'dor t at doi^d thore ia 30 inchoa
of water which I had at t! at tiraa." Do you renieoher
80 teetifying?
A# Tt\iit ia juct w^ at I have bo'.n taotifyin^ now. I remaaber
teotifying that I ^ad 30.8 inchoa of wator in the; D claaei-
fication of +hot deod, and 30 inr^ oa that Ini purch&ood
from tho Fruit Land Coinfjany for paying for 'i o work that
I }tad done and the cionuy advanced.
Q. You af^nv d to take ao much per inch of water dovoloped?
A. Y«o, air.
q. At $600 an inch?
A. Thot ifl ri .1 had $18,000, and I took 30 inchea.
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Q, T at in the work you did of putting th« lady Tunnel in
repair and extending it and boring the velle?
A, Yea, air*
Q: And you fjot 30 inches of water aa your cc j*,ion in
going t .t?
A. YeB, Bir,
^. Tfttis t,ho atw you aold U> the San Antonio ' cr Com-
pany?
A. It ni^s^.t h- Ye be.n t nt or the other 30, but it vaa
part of the 60,8 ihich I convroiiea at tluit tioa.
Q, At any rate, in t.ht< teotiuuny «b 4di I heire juBt
roari, .cu ).(iTe given *hc correct atatonunt of rh< r« the
v/at r cai.jc froa t at >ou w^ro uu.r i ^ uf , both that
which the Cucatjonga Wat er Corapar.y ;;^t and t>iat thich tha
Sen Ant onio Water ronj^any •;ot?
'. 'lo doubt of it.
Mr. Haskuli: -• Can y^^u tell us ai' ^roxinritt^Iy hov aaioh
water camft frrm the ftidy Tunnel at Uie tlna t cro vaa 30
incVes hoing c iivurnd to Ontario aa you tc toatil'idd?
A, Tht.re io recorda up there that will thow it-- on that
exhibit.
-0-
l^e Court takea a re' oaa until to«aorrow, Jan. 24,
IVOB, at ton o'clock A. M.
0''0-- —
nn-lTT^inAK^T.
IN T H E
Superior^ Court
OF THE
County of San Bernardino
State of California
Cucaflorii^ Vineyard Co.,
vs.
San Antonio V/ater Co.,
Plaintiff
Defendant
Vol. XIV.
IKDEX.
Purcell, G-ervaise,
n II
Stowell, N. W.
Deeds, Introd'xtion of
1196 1218
124^)
1228 1232
12/W
I. BENJAMIN, Official Reporter
11 •)6
Januai-y i^4, 1908. Ftourtconth Day.
OERVAISS PUBCEIJi.
Gervoi ae Purcoll, a witnasB produood by thd pl&inui:f,
beixv' first duly sworn, testifiod as follows:
DIKECT EXAMINATION:
MR. BiilTT: Q What is your profession or occupation?
A Civil and hydiaulic enf;ineer.
Q Wiat is ■'^ho length of your experimoe in the praotioe
of that profession? A About thirty-five years,
And in a renoral way what has been your lines of profes-
sional practice in the wa, of water mtmifo stations ami watt*r
dovelofaaonts?
A It coverB everything in relation to thos* matters,
water developments, projections of water py stoma, investirji-
tion of supplies and the detennination of their permanency,
and all matters pertaining to the use of water for domestic
and irrif^tion purposes and power.
Q Have you had any term of service or poriod of extended
sei-vice in the line of your orofession here in Southern Cal-
ifornia?
A Yea cir: I hafO boon hero since 1680. And fron '67
on I think I praotiood exclusively in hydi'aulics, except an
occasional excursion in otVor branohos of the profession.
I have boon on?)loyed by almoat orviy water 9oap9Jij in South-
em Californiu — tho larger water oo^fMnies, and anyway in-
cluding the Lake Hornet, the Lytle Creek, -i;- North Fork Ditcb,
the Cuoamonga Water Coraoany, tho Piraonar— the city of Punona—
the city of Pr^sadena, the city of AXbMfera« the city of Los
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Angles end quite a ninbor of others that I don't ezao^JLy
remember at the present monani.
Q State v.liethor the praotice f your profoesion haa involT-
ed the inToeti/^^tion of the eouroo of water 8u;j.)ly and the
oaiiEio of tlio diBappeanmco of water in thio, that or the
other looalities.
A 'Hiat IB OBBentially one of the ■»ft inportant points
that are put up to us— the permanonoy of iho rupply, its
pOBBi>>le disappetirance and the poesible causes that msj oauss
thut dlBappeiij'iinoe, and in sons oasss I hare investirjated
whothor tluit roflult bra occurred by their being affected by
other improTements, oik; I have /^^ven an opinion ua 1,0 the
cause of the distxirbfrnce, wtiatorer it was, I rii '^ t also
add thfct I have acted ^or the (lorona Watar Gomfjan. , the Tan-
esoal Water (>)mpany and boh» of the ot^rs in that diroe**
ti on, the St-jita Ana, and I an now conB\J.tin/r on/ijineor of
the 8«fita Ana Valley Irric^tion Osmpany and the Anaheim
Union Water Cosnpany,
Stdte v^hethor or not you haTS basn aoiitsswd to rendsr
opiniunB in the course of your orofeBeional cn^loynent on
thaae various oubjeots which I havo indicated to you in ths
course of these questions.
A Yen sir; I do that constantly,
Q State Y/hethor or not yo-> consider jourBolf conpotent
to render an opinion on the ori/^n, the flow, the surface
manifestation and the gauaea of the disi^paaranco of water
in the locality of this part of Bouthern California,
A i bolieve I aai, judf^Ti// from the satisfacUon expressed
by my clients dux inr. my prof«*saienai ear«t>r. 1 think I
nns
em, satiafied that I ai.
Q Do yor» know tJ\la locality known as the H/bd Hill in tli*
neighborhood of 'ho Cuomaonf^ Oreek in San Bomai'dino County?
A I buve l-niown that country for qui^^ a lonr- ti-no, and I
have Icnown it intiinaloly oinco Idvy,
Q Do yuu kr^ov the situation of the Cuottnon^ Canyon-— •
known aa tho Ouoemon/^ Canyon- — and *ho Cucaoonf^a '"reak on
the oast aide of the Ked Hill and the other surface water
manifeBtB-tions end tho streaiiB ieouing fron it called the
Gucwnonr;!'. Sprin^^s?
A Yea air. I hare aoen than vory roany tkiea in t>» last
Boven or eif^t yeera.
Q Have you eocaninod iho territoiy in Vu^ iniaodiute
vicinity very much?
A Yea air. I have meaaurod the water peraonally i'^ con-
iiTio*ion witv 'r. Koebi/n; und ilr , Wri-ht, end I had it for
Bone yeara oonatantly maaeured by Ur, ?rederi<dc H. Beid who
I nent there, and at intemittent timaa we inveati^^ted the
f^a tor und felt sure thia work waa correct.
Q Do you know tho renf^e of mountaina called tho Sierra
Madro nuifw?
A I do.
Q Where is it aituaiad with reference to the Cuoeaionrsi
Sprinf^?
A It is aituated, f^narally tpaakinr:! northerly.
Q fhat ia the trend of that rtn^jB of DOuntainB?
A Northsaiterly sonevhat: protty near eaitcrly und wub-
t«rly.
Q And about how far noi^h from th«i0 Spring ia thia ran(^
11^9
of mountains?
A About five or six ciilee, dep«ndinf^ on th« point you
otfcrt fr on.
Q Wiat is the 8lo])« of the surfaco of the f^ound between
tho foot of tho rwfi/^ and tho Cuoenon^ Sprin/^?
A Tho slope io about l&O foot to tlia mile, ae I rscolloot
it.
Q And in whio}^ direction is the slops?
A Gonorall:, opaakinf^ it is aouthorly wid ali/titly south-
ouBtcrly boflidos,
Q Do you know what is the nature of the material and thi
Burfaoo of the rround at well as the material at socie eon-
I i durable distsnot below the surfaoe of this elope?
A Yea sir. It ic an alluvial deposit. The plainia
filled, oi^uBod by tht* denudation of tho mountains norV of it,
Q Tliat is the character of ho material without 'oin^
into the f^iolor^cal or oheiaical character of it, but what
Lb tho char actor of it?
A Gravel, bouldors, sand, silt, and I don*t know of Jtikan
20 my thi n/^ el so, Ttiore is no «<»?idt)noo of there boinf^ anything
21 i)l:-,o.
22 Q What it the chaiaotor of *ho raz^ innediately to thi
23 torth of the Cucanonf^ S^^rinf^s with reference to tteepneat?
2^^ A It is Tory otccp. You nean t.ho Siena Uadres?
25 Q Yos.
2^ A It is a very stoop slope, the one faoinf^ this m^j — fao-
^''nf', tho ocean.
2^ (: That it the toutherlv escnrpment of the renew?
2^ A Ttitt southerly vsearpaoai* ui .vj i \>, joo axx ,
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Vhat have you to say aa to the naiixre of thio rit.turial
between U^o foot of the moimtaina and the Ouooaidn^ Sprinf^a
relative to ite permeability to water?
A It is quite porous. It is :..ore porous in sono portions
thwi in others, as 'hope fills always art. Some places
it is very >orouB and some places Huoh less so.
Q Have you observed tmyth.nf; of the surface channels tdon^
Uiic slope, fiori the foot of the mountains to the Cuoaaonga
Spring?
A I )\fk-ve»
Q V/hat is the nature and diaraoter of the channels there
as to beinr sMftinfc or fixed, whether they i^o few or nuner-
outs, nnd whether .yiey are daap or shallow?
A Ae they start out from the laountains they are pretty
dtJcjp and f^orally consiBt of about one channel. As they
^t further down this channel separates up into a nunber,
fonninf; a delta of smaller channels, thsss representing them-
selves as sofoo fnn-Qhape spreads or fan-ahapa conditions,
or Vhat nirint he rsprosor.ted hy yoiur wrist end the fin^ri
of your hand.
Q Have you observod personally as to what ohannel there
ie the ')rincij)al conduit of water flowinf; from the mountains
in the neif^Vorhood of he OuosBK>Qga Sprin^^?
A You rauetn the ionediate start from the mountains?
Q Yos. The lar^r channel at the foot of tha mimtain
run ti.
A Yos. T).o largest ohanndl there is the Cucaoon^ Creak
itpelf.
Q What do I) 8 this come fro.n?
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A It cQtsiGB from t.he f$l«rr« tfountaini direct and h&i a
r'.^v+b.^rly tr«nd end fiono portr sotrthttiterly as It pj»\9
fiu**her down.
Q Are there any nailer ottnyone in Uie nei^borhood, the
waterB of whioh debouch Into thie ni ■ rhood?
A YeB, Ther© ore some oenyone fmther east. There is
Deor Canyon that adds a quantity of water to the saturated
ncBB bolow,
Q Vhat hfive you not! cad as to the disappearance of -
water ooninft down fron these canyons onto the slopin*^
(:TOund "U?&t you mentioned at tho foot of *«he rwiir^, ..bethor
it dise^peorB at all, and the country or district nithin
which it diB8|>}«ars?
A I studied that ter carefully nnd I oms to the conclu-
flion thr.t the abBOrptive procMjrtios of thnt plain were so
rraat that fran the flood water a that I obsei'ved they don't
fro very t^r before tha run-off was entirely absorhed or taken
into t^:e rround. I n,-' t montion one particular instance
in which I think you were a pert/, Judfje Britt. If ay re-
collection is ri,s^t, it was in t^e first week in Uurch, 1905.
We wero ther^; with Ur, O'UelTeny end Mr. Wrij-ht, and you
were tliere und I was there, and there was a flow ooning
out of the Cuc«iionf:a Creek. The Boiount I don't know, be-
cuiipe no dir^n't meawure it. But it was about fifty feet
wide and po^ sibly two and a half or three feet or even more
do op as it debouched fron the mountains, and when we ^t
down to the Red Kille it had alnost disappsarsd, althou^
there was still a araall itoount of water passiiv; down tHe
«»feBt chrjinel an<i some iown t>;c wt^st ons.
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Q niat about tho velocity of the flow at the mouth of the
canyon?
A It is very great, as mipjit be expected, because the
f^ade is very hi^. That would repiesen!. quite a larr^
amount of water. We went there on account of there being
a heavy rain previously and it was the wish of all par'.ies
to soe the conditions that would result from the expected
flood.
Q During the time that >ou have observed this country,
where doss the orincipal surface chamiel from tho mouth of
the Cucamon;:ra Canyon run over the surface sloping: plain that
you have described, relative to the Red Hill which has been
a good deal talked of in tJiis case?
A i^ometimea doym the west sit'e and sonetimes down tho east,
and sometimes both of them. There aro channels on both
sides. I mifdit mention that a tour of the country shows
that there is very little differonce in the elevation of
those two channels,
Q Do you know of any surface manifestations of water at
the CUcamonga Sprinp:s within the period of your own observa-
tions?
A I remenber in 1900, I think it was, or the latter end
of 1899, there were sienegas there on tho Red Hill throu^
producin*^: water.
Q Do you know anyUainf about the flow of water in the
Creek on the east side of Ked Hill at that time?
A No; I did not make a very careful examination of th0
amount of water at that time on the oast side. I was more
interested in knowinp: the condi^/ion of things on the west
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ridv.,
Q Do you know what af te yrrrds baome of tho Btxrf non tp-
poarunoo of water on CTUomoz;^ Sprin^^ on t»he oast sj.uo of
tho Red Hill fron peraonal obaervation?
A The sionagas are dried vp or have diaappaared.
Q Sono years later?
A In 1904, 5 *nd 6 and ulon^ t^«re, ard I think back as
etu'ly as *Jhe ourly part of Juiuary, 1904, or tha aprinf of
1904 I noticed it disappear to a ltt*f::;e ertun». I lO&sured
tho water oonotuntly fioja Die uionejo^B on t> ,
either di/ «otly i!^s«lf or throuf^ ^ho instrunnntnlity of a
»arty that wo iiaintLined there for tV.at purpuau, £jid tho flow
f tho Be si enei^B was idwayp. ftjottin/r; aoaller tJid vtaller, and
:t fpt down to UB low CM tliree inches and I hare tho iiaasuro-
nents,
Q Are you Sioqnainted with the oituatian of tho sirin^^ of
woIIb 200 feet nor^.h of ^nse Line end dsoi;7»»tt)d in tho
CO reo of this evidence, oonaenoin^^ on the wos'^, as one,
two, three, foiir, five, six, seven and ei^ht, which in soms
ymxTR }Si.ve been punped by t}:e Sen Antonio Water Co.i.pany?
A I mi very well t'.cqu£.inted with thea, imd I have oeasurod
ho flow of socae pereonally jayself ,
Q Do you know their oituation relative to the Ouosnon^
?prir:^:B? A I do.
Q You are acquainted with tho situution of thu tuanel on
^he west nide of rha Red Hill known as the Sady Tunnel?
A Yob. I msasurod the waLor out of thi.\. also over weirs
jnnswn as mnber one i<nd nuaber two in this case.
TV) yju tirow th^ loci^tion of the well called tho Stowell
Il'
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veil on t.he weat aide of Iho B»d Hill ind ad so tho «»11 deiii^
naied here ae No. 14 At tho «nd of the Eady tunnol at prasoni?
A Yes, I Vjiopw tbo locution of both those wolls.
Q fltato whether you have ozaBiiie<i tho condition of thoee
wells at thti tunnel with reference to the CuoanunRa Spring
and the noir^ihorin^^ toporj-aphioal foatui-ei,
A Ver om-efully,
Q You said you had nade wia» nMaturemtnts personally and
throuf^ tho apioncy of other parties of the water issuing
fro-1 tho Eadv Timnel?
A Yes sir, over weir nunbor one nnd two.
Q Have you nade any study of the data containod in tho
plan, map or chart or tabuletion of ''ered in ovidonoe as
plaintlff'p. exhihil three?
A Yes air.
Q Lookat this chart or profile now shown jou and itaie
what it is.
A It ifl a profile find hts wi'.ten on it •Tucaiion^ laWr
Flowing; from tho Mouth of West Side Tunnol." That dof^sn't
refer to the ownorchip, hut -ho water corain,.^, iroa ti/j •,
heinr* over weirs nuraher ono t^nd two. Those are ne
by WrUit, Purcoll, Ooebif^, iteid, yarrit, Saixnders, Tiask uid
Johnopn .
Q State whether or not this is compiled froa exhibit throe.
A Yea sir. It coincides wlth---eTorythi'r-- fou*'f» on t^^is
will be found o/i oxhibit tVauo. ' c -i^-
this one so as to satiofy onrsolves of the effect on the dis-
charge of tunnol Ho. 2 or tho west side tmnel,
|j Q Is that the smm wi th«.^ K<.dv TtmnelT
1 '305
A ThB.\, it Va9 imm thing as the Sady Tunnol , und of tha
piznpinif': «bov« Baao Line, «nd tlibt la tho reault,
Q Ihan you apeak of pun(>in - i^bova Baae Line, irti&t parti o-
ul&r pvai^inf; do you refer to?
A I caean Uie pinping of walla one, two, three, four, five
And aix, either lb & whole oi- in portion. As th&t pui|jing
ia indicated on the chart exhibit three- — aa it ia ezhibiiad
on the ttihulation exhibit three, la atartod in here on Jaii-\^
uary li>, 1W4, and I took the heigjit of water at that tiaa, ^
They had juet conxnenced pimping iind I filed daily :.iaaeura-
oHintB dui inf^ that 3raar and tho ooiTosponding your up to Jtui"
uary, 1905-—
Mh, CHAPMAN: Q What do you oian by tlie corrcapondinf; year?
A T^io following year. Did I eay coi responding Veil, I
romed5or down to Docemher 26, 1904, when they stopped pu?q[jing,
and the water flowed durinin; thuv period down to its lowest
point.
Q Indicated by tho broken line on thia profile?
A Yec. T^ion they stoppad p^iqpin^ and the water bagvi to
roBUQe its orevioue elevation, althoii^ it noTor arriTsd at
itc asma heif^\t as before. Then thasa wella oo&xuonoed
puB^pinff on Au/i;uBt l;;i, 1905, tnd tho ame oonditions or thing
occurred as tho result of that piiqping and the mount of
water flowing: from those two wells baoame leaa and lesa,
as is dunonstratad by thie chart. The last is hare ia
NofSi^sr &, l'X>5— then our assistant Ur. Raid did not raaka
am' ciore Mecauruomnts. There were occasional maaflUTiaantB
that va nade ourselTee afterwurdn which don*t show u ) this
chart.
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MR. BHITT: Ve offer Uiis i)lat, chwrt, dia^^w or profile
in evidcmco, to b« narked na Tolaintiff's axhil:iit sixty. ^
Q Nyw A.i . Purcoll, !'ro... yjur obsenrtitionB there wid the
study of these meaiurementB, wl &t conolusiun did you deo'uco,
if any, as to tho effect on th© water dieohaj-gs fron the t-n-
nel by piaapirvs vella noruh of Baeu i*ine-— the erin. • oi' *\.xj.8
iiioludinf^ t>>u Haskoli well and wells nu iher two and tliree and
othors?
A There is a direct sympathy between the two. T^le punp-
inf of tho wells you hate mentioned and the outflow coroinf^
thJ'ou^''^ weirs nunbar one ::nd two in *>r: Ja^jy Tunnel.
Q Iben you say direct r t j t^y, w .u'« do yju neon?
A I csesn vrhen you wit^/irc.., water by means of wells pt4V*^c^
above BuEe Line, you ai'o lessen! n.r; the flow from the Eady
tunnel, end if you stop it you inereAse it,
1 16 Q iBrhy is that, yoiar opinion?
17 A T^ie faotB show it.
IS Q Mo, what I want, is the fact of tho dimimition of vator
1^ dif: i from Uie twiTiel produced by takinr water by means
of puaapinr froa tho wells?
I I would say that tho pi japing; of wells roluced the entry
houd, and in that way reduces tho pressuie and diminis}. w
23 tho flow.
^^ Q How is that reduction uf heed c^'^o effocllTO, tho wello
2^ boinf located secie I'JJQ feet or uore to the north of the head
2^11 of tho Eady tunnel?
^'' i A It is jaado offootivu by the tu3*-iun uf the wutor, being
^^1 In touc); all throur<i thut 1500 feet more or lens.
^^1 Q Would you know about the hydraulic fi^ado, if my in that
1 r?07
1
locality, batweon the well p. mrth of Bam Line and *.ho Viei^-ht
2 of th« K«dy tunnol?
1 North of ^a«* Line t^oy are M/^w ^1 an in th« veils in
the Eady tunnel,
Q ABBuning, as has appeared in tlv •vi'; noa hero, ^hat.
pr evioun to 1904 on the east sidtt of the Bad Hill there was
aurfaoe appsarenoes of vater in Cuoanonfija Olrook, f lowinf^ on
the oast side to the 8ienoi:>^B and the T tinnol — you know
where tbo Y tunnol is si tutted?
A YoD, I an quite well acq; ainted with it.
Q —that there was a conaideroblo Btream flowinfi; on the
eaat side of the Bad Hill, conBiderable quantities of water
flowinrr frori those sienegas, a Itarf/p area of molBt land on
the east sida of 'vhe Bad Hill, a so«!Wwhal axtcneivo disohargs
of water fion the Y tunnel, und assminp; that that water
?dll frequently dry up in the Creek and in the sienegas and
in t>^.e tunnol on the east side of the Bed Hill, end that it
dieap )earod after those wells north of Base Line be/a^ji to be
piR^ad: in view of the testimony whitf- you hare fylTan here,
what is your ludpfsent and opinion as to tho effeot if any in
produoinf; «uch diBii^'>aarfinoe of water on the east side of
the Red Hill by tho abstraction of water by toaans of puapin^
fron the wells north of Base Line?
A Taking:; till thoee elonentB inlo oonai deration, ond froa
my knowWfjB of the oon''ition of thin/pi there, end from njjf
own personal obsarvjition— -
MK, ClfAI^AM: la raoie to strike out that portion of the
witnens's answer . Ve wont to know what hie opinion .s
I founded on, ^
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T^m OOUliT: I think that it ri,*.t. So far a* it ia cov-
eroc! by thw que ■' ion hie opinion it all ri^t; but counaol
aro entitled to know tho buoia of the opinion.
A I vould B&y thcit the puc^inf; of thoao valla north of
B&ee Lino vub one of tho uleraentg vhich tended to diminish
that water.
Q For what retson?
A In my invoaiiicrutionsi and in the ixiftsti^tlona Itf my
aooooiatei with me, whioVi wo have plattad und put in here
before this oourt in exhibit throe, it ebown a ayapathy
between the piajjjinr of thoee wells and the oaat aide,
Jliv. QI^BCjG: I move to otrike out thi*'. part of thowitnaaa'a
teslinony which eayo •and E^y aaoociates." I thin-s the
ojjinion of the v.itncBP sho^dd bo his own opinion and not the
opinion )f others,
mU BiilT': I think hie Btftteoont was relative to obaer-
Vfetiono recorded here.
TIffi (X)Ui<T: Takin^i; thoee .i,'>i( n rcpoited by hiaaclf and
others, asssiming thone to be facta, that it; whut he baaes
hio opinion on.
mi. ORKrX}: If that is BO I have no objection. I thou^;Jit
he was bringing in the opinion of aaaooiatos.
A I think I referred to eodiibit nniJbsr three.
MK. C;lAP;iAM: Boforo you px^oead, let oe aak you. In tfua
Itict opinion that you liavo expreosed you 4*re not etatinf;
thut is youi* opinion fror.-i the hynotholionl question put to
you by Ur. Britt?
A It iu hard to diaaasociate one froa the othor---your oan
personal knoTfXod^ from the opinion that you would bait had
if you did not have that knowlod;^. But if you went me to
answer- --
You ore adcod your opinion on a oortain Btat« of fcote
given by Mr, Britt, Ae I undorettind you j'ou have riven the
opinion that the piinping of wells did have some effect on the
•aot side, hut you don't haae it on the hypotlietical .(Uco^ion
but do on your personal kno-vledf^e wid personal inve8ti/?;ations
in those dirootions,
A I don't think m answer would hardly bear that oonstiiAC-
tion.
Mh, CHAPSJAll: The witness introfjuoed a particularly gener-
al sw^opinp; asaorl/ion thtiv inoludua his pttraonai knowl«Ki^
end his pcrsontil investipt.tion, which we know nothing about
and don't know what the facts sro in his mind thut really
rovern his opinion.
TUi COURT: Your opinion is called for based on the data
in exhibit tliree, The raere fact thai you did sosMtliinr in
takinr those raeaff.raaonts cuts no firure. It would be the
seme if it wuo taken by somebody independent fi-om yourself.
But uasurainf*: those matters to be faotr, what is your o^iinion?
A Uy opinion is that the pumjinf^ of those wells north of
Base Line is one of the prime factors that tonds to moke the
water dioq^pocjr on the east side.
UR, BrOLTT: Q I woul like to know the reason why you
think the pia^ing there affects the appearance of water lowor
down in the doprossion and at Ouo6monf;a (Jreok.
A I don*t think I exactly "ot that,
Q Wh;; does the pvBq)inr of Trator in the Haskell well, *.hiit y
simply, affect the water m u;u aionop^s or in the Cuc»no-.;a
/
IMP
Creok or on the •ttst tide of fho Hod Hill?
A Yor the B«ae reason as it does in the Ssdy tunnel. It
wt.B lowered further down and reduced the htad and thsreforo
reduced the diBCharf^,
Q How is the reduction of head in the uppw looeliiy ««d«
operative in tho lower loculity?
A Bcoauoe it brin/7;n tho saturutod pluin bolow ths pritious
point of exit, Tho water docn not discherir?) there ary noro,
C Gould there be any syjipath}' of tho water, b>t— n the
water in the one locality and r-he othor unloos there was
some oontaot or weans of tronimittinf; the preesure?
^ Tliere oould not,
Q What is your view of the oontinuity of undor,'To<ind water
there if vny?
A T'C urAwrr^V'Tid wator ic in continuous toi.c; t-ll the
way through,
C What is youi^ vie^r as to the pemeahility of tho ciaterial
h«tw©c»n the Btrinff; of wells north of ?aso Line vid that where
tho CuoiooiMja 8prinf?B sppeared, so as to psrmit tho movement
of water?
A I wuld say th^t there was a fre<j psrmekbility that
enabled th« waisr to flow down in that direction witli prob-
ably more facility than it would in aiy other direction
except the west sido---
l!-M1
Q. VT' at 1b your vieir as to the ■irailarjity betvtien the oaat
and woot aide of the Red 'ill— the deprioeiona, I moan,
eect aiui wjat of t)\e Red '^ili, both on M;o aurfate anc
und on/rouiui , bo ffr as ^hat ainilarity roiatoB to tro uixler-
f^round vntor in the neif^iborhooa of the utr ng of veils
north of Bttoe Line, and th t aatt and weal of the Red 'ill?
A. Tlio coTKlitionB are almost identical on bo h Sides as to
elevation of the ourfata of vhe ,5ri>uiid, and 1 ata of \)ij
opinion that the Baterial is Biiiilar in &11 ra^^acts.
Q, Tlon, if I undoratand >x>u, your vi< ./ is rubatfcnti&lly
t>iat tiiorc is an arcuauJation of ?;at • in Uat Iccal ty
vrhi(h nouth of the atring of wells north of Base Lxne,
punujoci by t e San Antonio Water CoBq)any, forkii at the
Rod Hill?
K, Tho ^^roator penatability of contiitionn fortes witli the
Hod Fill, and the wost aide channel end Xho east side
channel am more pemeable thar any portion of *^' t-rriV
tory tlioro. Thorefcre, the accumulation-^ wauts; xn - u
noir borhood of those wells would be drairie off throu^
t at direction, eit^ .er the east c^iamiel or the wost diannol,
with ,'jsatur facility than any ot)ior place
Q, ? oa your exaninfttion of the conditions to which you
hate toBtifiori here, what is your Tiaw as to the origin
of the tmter api'Oaring in tiio Cuoamonga Spruv;a or which
formerly ap.)oan)d in Uie CucBMomtga Spring, relative to
tho ater alied of Cucanono Creek ann the adjacent mountain
ahod? la thurc< any conr oction between then?
hm Ihoro is a diroct conr.ection be two. n the run-4f f from that
water a^ied when it debouchea on to the g( arels balow, und
I-M2
and tho raina on thoae ^avela irv:? diataly, are abaorbed,
and tond to percolate and oose anu sti-.p in a southerly
diroction till tney c-ot oown to arde tho Red Hiii «hor-
there ia aoiaewhat of a chant^o of :rade, naking the ToXocity
slower, and it makes an accmulation.
Q. What do you think about U)c effect ui u.-j Stowali «jxi,
for insta ce, which disc'mr/:oB into the Kady 'iVnnel, the
iiat' r in i.h© same rising f ro-i a doptf: of sontj stiTtirRl nun-
drod fo< t (I believe above dOO foet)eLQd -« Tolu/ao of
water probably originally 100 inc^ -j;^. or bo,— *'at do
you t/ink voula be the effect, if any, of sue a woli ae
th&t (you have stated t>iat you know what its locality is)
on tho surface n»nife stations of water oaet of the H'-jc Hill,
t>"f> cret)k, tho ciensjBgas and the Y Tu. ncl?
A, lo is rjy o.iinion that well no. 4, kno^n ^l Vav Stowr;li
well, has a tondoncy -o r duce tho amounts of ater a,;year-
irig on the surface of the eaet side c'annal at well as the
west sidu.
Q. ForWlai reeaonu?
A. It rotiucoB V'.ti plane of saturation and the elevation
of it, quickena the it^rade and gives a fru. r dischjirge,
arid by that nea..B it sure ods in lowering the water.
0. Wat do you U.ink abuut v.u tv f«ct of fell No. 14 at
tbs batuD of ti • Sady Tunnel #iich, according to to &vi( ence,
discharf'^s a good deal ucre water tJian the 8tow«il v«}il?
A. It would be in proi^rtion to he sue of tt e w«>ll and
tho iij;reater depth. Tne nfoll ia If) inchoti, reuuc.ed -^ 12,
as :^r. St^well testif ijd, an' also well no. ^^ ia 7 inches,
eonsoqucntly, ... dana^^ done by w 11 no. 1-; aould, I presusw.
< >
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be Tery auch ^T«a*er than that dona hy wall No. 4.
Q In idiat way doaa ouch an abatr&ction of water in that
local ty operate to reauce the water on Ui* ebit aic a of the
bill?
A By reducin*5 the ,:«erai plane of aaturatiun north of
the Red ill; und here may be a i^oo^ible percolation eion
under that Red 'ill, and I am not prepared to eay there ia
not#
liiK '-oU'/S: Q la there a crown of epiiaja around the Had
ill?
A On the toutherly aide just ^oiow tiie auadt. That taa^-
cozae froti a hi^er eource, ^Jid there cmy be a cioaer strata
i^ieh would not ahow a connection, and there may be a looser
atmt beictv that again. Th' t ia -l^&t taade me nmke that
reBorvation in ny answer.
l[r\ B^<ITT: Q iihat ia he effect of tapping any water
be?irim: atratuia on t}:>j rapidity of the nioveoent of .ater?
A It ^i'voti a froer vent md generally cleara out a ^r^uod
deal of the silt in the interaticee below and enables the
water U> corae out in a larp;ar acioimt tiian psissed throu^ p e-
▼ioualy under "he actJ.on of nature.
Q Ihat ia * he effect of borin"; or ainkiar, a well into
wator be/irin^ strata fro.j which the water diachargea thru^ ';h
tliat wall, on the hydraulic plane in tho iauediate neighbor-
hood of the woll?
A It will undoubtedly lower iti but tho SKact aiatance it
will lover it to depend a on the porosity of tho oMiteri 1.
In s-nie cases I have in riind, and it has coue under ^ per*
sonal obaenration, that it hsts be«i quite a distance; ana if
li IB rar!v.-r ( i oae so \\viZ t'le volocit. .S
I '31 4
undur Tound flow is alow, th« effect will not be felt i
diatoly or with auch r.pidity aa i?.ere the porosity ii ^eat,
and coneeqiiently It nit^t not ho ■Li;>t>oiod thet it didn't
affect it to any ':reat extent. But in reality I think the
effect of borin-: all thoee wellt ie detrimental to a Tery
':qriMLt dietance,
Q You think it oxtonda to the Cucamonga SpriniK;8?
A I am of that opinion. Frora tie evidence in t^iis oase
it extf»nda to the rucaiaonr^a Spria^^a,
Q I Cfill your ;itt«ntion to thin tabulation, exhibit 11.
I #ill aak y-u firat if y -u are acquainted with V •< location
of Hellraan well No. iJ?
A Yeo sir, I an familiar with it. It le the ^op of ^Jie
woBt aide, or the top of t>« w«oK fn-k of the Y tunnel.
Q ArtoaiiJi well Jlo. 2?
A That ia on the west sir:e, and ebout thirty fe«t in ele-
vation above it, and easterly <'f thoae shAfto ffhere the
No. 4 and 4*A woira are.
Q You Bay it ia on ti^ie wwa^ aide of h;*t?
A On the weat tire of tVfl Red 'ill. It chowB hore on
the face of eid^.ihit V.o, 1, It la pretty well on the line
of whiit ia known aa the VO-acr" trKct — on the north line— -
and [xretty near t> o censor of it.
Q The Hvidenre tonre x ahov/ ero t- i.t those >ellB north
of Baae Lino— -the San Ant>onio Cook .any 'a striric of vella —
was not pumped Itiat year (the a^non of 1907) until naa
tiiBS in Septeober, and U^at then idbw of thoae wella w«ra
piiBped, aa indicated on i>laintiff«e eihihit 11, ^r\d the
fi(.>ireo on thia exhibit 11 shew that tlmoat isiaed lately on
'- x)
the pujapir\': of thoae wells t)ie f ei''".! of the water in the
iiollwn *«»11 No, 2 and also in the Artesian well ^o, 2 hoF^an
to doclino snci die* decline. Ih&t if any indication does
that offer to yoii of an- effect or any relation of cause and
effect, takon into consideration with V r. t.opograp;y of t.hs
country »ind the undtr^und conditions wjiicn you have already
described?
A It ahcv/a a direct sy/n *ithy between tVe water jAinqjed frcn
those v/ellu-—
MK. CMAPfl^.N: What r.olls nowt
A Ton v^elle '-^e.ntioned in * is qt»8tir>n. I ^n makinti q>'
answer to corroopond with the question. I on the Haiksll
well and thoao nor^h, and the Mellnian well No, 2. I v^ould
liko to fltatn ' nro ^^ * v^ater beint^ :.ractic«lly an indostruct-
iVle fluid, iL xs ir '.ourr. 41 throu-h where it is on a con-
tinuous line — -it in in syta. athy oil the way throiija^ whore
;t is in touch, and anj^thin,- dmr en one end of it is quickly
felt at .;;o other one. Conso.iujntiy, if you abstract the
water fron the hirh«r portion by pum.in^'^ the wells yr-u find
Tery cfiickly a subuidence of the water at tho lowor end,
Q I nov; call your attention to tho (ircujost^nco of the
subsideinct of the water ii\ tho HoIIbuji well No, 2, which is
on t>e east aids of tho Rftd Vill, and in what we rail the
Cucnraun a Springs here; that occurred siiaaltaneouBly with
the subsidence of v/ater in Artesian well No, 2, w).ich is on
tho est aide, 8tnta -^rhet^or thd tends to indicate any
connection })et»»een the water on ' o two slri^s of tho Rod Hiii,
A Yob sir, T)ie sane rsasons in irty last Diniwor v/ould
show thfit they are in direct sym^jathy arii in dirctt Louch
t - u
all the vay t^irouglh* It is ^practically the sane vrater.
Q Referring again to oxliibit 11, I vili aak you ajj^uin whan
Uie pumping ceaotid north of Base Line then t e water roae
a^nin in Hellauin well No* 2 and Arteaian well No* 2. Duea
t)iat circuoBtance afford any corroboration of the fact you
Btated a m<>ry^n< n 't>*>
A If lay opinion aa atatod a noQ^r.t u ;o is correct, it la
exactly *rtuit would occur; and if it did occur X cuid feel
more fi?Ti in tl.at opinion,
Q State if you }mvo rande &ny axainiiAtion of ti':i8 exiabi;.
threo wiUi reference to oertBuremBntB on Artesian well No, 2
and tho HollctJi oil No, £, and the correai^ orrior.ro or mtner
the rolation of Uio /ieo t-nd fall of tiiu wutor m tnooo two
A'olls to tho puniijing of water from tJ-io Sui Antonio ('oapany*B
wells ?iorth of Base Line?
A Yob; I have uado audi obaervationa.
Q State now whetlvsr the reauit of your axauination of U""^
tiie data ahcwn on thie exhibit threo ia ^rrajhically illuB-
tr: ted in this exhibiL 5c, aru. aUki.e ::o.> una m c.i^u ;. r.
A Ye£>. This iS a graphical |>ortroy&l of the data in
plaintiff':-. («: ibit Ihr^.-e. It ^owa tho effect en tl-icne
two vellB ir. rxuin^ or xOMurin^j of water accorai:^ an thoae
well 8 abovo Baao Line are pumputi or not ^)UB|^ed.
Q I ould like you to deitrribe wlwit you it>n.
A N('r; m t- m ojdiii^^it 36, made from M^e LB^aurjotoaha uf
lieaars. Porcell, Wri/t^t, Koehig, Tr ak, ilarah and Reid, and
all of -^hich a-TDcara on , Inintiffa 3iJiibit Uirae, it 7?ili
bo founci V. w uB ui-ui Lti Lao vella of the aefe^iu^no (or, we
will aay, tl^e walla north of Raae Line) are punpad, that
S -
tJiora is & BuhBidenre of the water in both those walls, this
heirX^ Artoaian «eii No, 2 kt tho top of this ejdiibit, and
]f«llrv;n well No, 2 at the tOttoia. And when tho sourco *iiAch
we ceil 1 the Sen Antonio Water Cou^Any's .i^olls ato^^imc piuap-
iii^ in January, 1901), Uio water bag n to ruisa ivosdiateiy,
vory r ..idly until it found its hi hest :;oint on May 11,
1905, Thon Viero was no* dvrin'/ the next thr o ays any
observutiorjfi ii&do, owiij^^ ^ i; u death of a near relative of
Vjr. Raid, and thare was a ouddon drop in that well, which I
iccaint for by the fact Uiat 'he well is about 500 foot
dod}), &o I ar. infox-med, ond it is cut in many places to let
tl & vator in. Duriru^ the seasons of the dry years, whan it
was lo ■;, the strata bein,j: dry, these silts were probtbly
tacked ti -^ tly so that tlic water didn*', -^et throU'ti th caii.
As soon as it -o*. to such a height -nd sucli flows having
tlioroiv^ly saturated tliese little obstructions and forcod
t}ien out, and it went xntu the sui-roundin^ji dry strata and
ccntinued to wet feai, as evidenced by subsequent elevfitions
w}iich r;ioi ntained ^^enselves protty well at tho sane hei }:t,
until wo couo to Au ^ist l.;, 190'', w^^on ^Ve StJi Antonio wells
corrior^ced to pump a^in, T on it ( om-oncec 3^.ti\dily to /^o
do/n, und at th^ date of November 7, 1V05, ^ l n t) oy ceased
i^uianing t}io olevitions in ' (--^'f^ these whIIs iimediatnly ' ■ •'-
monced to cojjjo up a^^nin, alt- ou,-^ t'ey never in either oi
thoin reac" ed t'.e at olevation nith which we started.
We sto 'jjed our caeasur-ments then and ^^ " ave a gap t' ere,
aftor Which thare in u rio vnfonn.'ition v at we obtcinod in
the year 1907 hifh ;,howu ty^ t t.}.© water had continued to
riao until it hf.d almost rrrs: up to i*iero it had originally
started froa, ourm: 'Mcu tiioe t.'.ere was no puapini^ to any
r'Twt. Amount done,
Q "Shon there vas any pumpin done-—
A Thero wae a little puia in - riono in October nnd in the
latter part of September, 1907, and irtr^diatuiy ti;en) was a
Bo/j; t)ien vihich, w en the |>uinjt 8tO;V«cl on the 15th of October
(an unlucky day) it corvonced to cone up til' it reached ita
hi-^ieet point «t ebout the SOtli of Kovonber, hnd ^lien vella
No, 2, 4 rind 8 were pun ing; but juat when they ccnfienced
*^o do not know. And on December 8 there is o sai* there aho;-
ing the ef facta of tho pum in/;.
Sa^s in what?
A In tl o Burfuce line of tJio water of "alLjan «ell No, 2
and Artcaian v/q11 No. 2.
Q If thoro ip. vuch a conrwction iy>t mrn ■'hr. puoi^^ing of
the wella of tb© defondant and the two weiia to *hich your
attention aa boon di roc tod in thoat* luat fat; ^ueationa- —
the Mel loan well Mo, 2 and tho Artnsim well No. 2 — atr.'o
K^iether thoro is any reaaon tv su^iyCro *. t wiero la nsi-t a
aimilar connection betwcan t!.© inm^ ^ " U.ti '?rclla of tho
defendant norUi of Baae Line ? nd tho water ahich apjjeara by
naturci in the Cucjimcn, > Sprin^<;E, including; uic cr^ek /bnd
aiene^^ a.
A T)e inference ^oiilri ho tYjx'. there in such 'in exactly
aimile.r connection,
C:'K)SS KAMINATI ' .
MH, f'^'AWAM: I T:nriirstoixi yiu to aay that you had been
oakin; au .c inv^BX.itj'-^'^^^ ^^ ^^■■' ^^ auraoenta in comon
»ith )'\r, V'ri't^t?
A. In U ia locality?
! ■- ^ 9
Q Yob.
A Ygb sir, t?ith Mr. Wri ^t and Mr Koobi^.
Q Ifhat rir;ht did you refer to?
A K. T.
Q The hydraulic eminrtor?
A Yoa air; a well kno n anineer of Loe An<*oio8.
Q trnkxAay^fiMMyiami. And t e sajne -oDtleuari v u ^laa been
on th'i witneaa at nd here?
A Yea air.
Q Wien w«ra thoa© inT08tif.7:Uon8 raade Yy you m conjunc-
tion with Mr. /.ri^it?
A Soiao tide in the a ria; of 1904 we corv encod on them and
%'0 continiiod thoci, I rd 't any, up to d:t«j.
Q U^. ^c a int date?
A Up to a few daya befor-e coming into thia court,
aH he vith vou dur.155 all theso flOMmiraMona and in-
voati^atiuna v.u.x ycu aora ijakii\j ui um j&bw 1904 md 5?
A Pratty nearly ao. Tliero cwlj ^Ave boon a dgjf or ao
that ho wna not, but I don't call it tc nind.
Q hoi you were nakin^; iiioae xrivoati^-Lxona in 1904 and
5, w'io waa tiJcin^^ the obaonrationa ^nd levola at the Tarioua
wolla • r,d obaervirv* the inoin in;^
A Dunnf^ uio Uiau we ore u^j -jure ^raona-. ly 1 took thotQ
cTv^ae-f , and ny aaaoci&toa Mr. fri t^t azkl Vr. ICoeVig, and our
aaaiatfljit Mr. Haid alac took t* em.
Q Wort! you tiiero evof_y uuj' uuiiti^^ u.ao i^ine?
A No, but kr. Raid wua.
Q About b.ow ciany duya were you on the ground?
A I iiavo noTor counted. 1 ave the different taaaaure-
menta and dataa and evorything.
i
t
r^lt
Q But you don*t knout about how many timoB 7
A No, I nev«r imdo ajiy count of t.
Q Ihi'X mis Mr. lieid'tt function in that inveatit^Aion?
A To carry out our inatioictioni,
Q iliut inatructiona did Ve have frori you?
A To rasaaure Uxq saiai piacea that wa toba^uj-ea, to record
them and report to laa muckiy,
Q iSeiBurd #-at?
A Tlio flovfl over the woira t.u-l .ve had oiusurod ourselvea,
and indicated to '.iia, tiio depth of Artuaiun well No. 2 and
HollfiBin well No, ?., and ny.ke > •? >okly report aa to the re-
sults of his inv )BU,;;utionB.
Q Wiat weir was he cieiiSuring?
A All the weirs on tv,<^ veat si' e, the weirs on t)>e ee^at
side, t} e v'eira jf Uio walls above Base Line*
Q Did itt» iueaaare ovor the weira in *Jm tunnel?
A He rasasured over t)j6 weirs in tunnel No, 2.
Q How B«u»y wore there?
A Nu:nber one '.xnd two,
Q Were t oy cloae toi^ethcr?
A Yen sir; in Uio mouth of iho tunf.ci.
Q Did he r«?»surG ov«.r buWi weira?
A X I'reiNUBe ao. His notaa shew it. T^iey are hare in
ex) lib it No» b.
Q And all of his ifltasurtHients are on exhibit No, 5?
A Yes sir. That I kn: , because I > ave checked them over
Qiysolf ,
Q 'Wbioro were thoae two wain that yv,u apeciL of — woira
one and two?
A Juat noi> they are-—
Q I msan t) on?
A At tluxt tirat- they wore in the mouth of the Kady tunnel.
Q Were t- ey aide hy aide?
A Nc, There w&s on^' eir back about fifty foot.
Q 'What dici those two woirs rjeftsure? fhat water?
A AJ.i the water that case throu^^ thio Kady tunnel,
Q 'fiihj.t di No, 1 measure different froc what No, 2 neaaur-
ed?
A I only know th- 1 ly hearsay, I have nn aured V-e vsira.
T ey L^aauro wator comin,a; out of tru. ivady tunnel.
Q Did it tiike Iho as. sure of h^oth of thoae eira to give
tliO ana total?
A It look tho t.'0 'jreirB to /?;ive t e outi Uo<.i.
Q \nd weir .^lo, 1 lae aured wliat?
A Tlfio w&ter conizyz; from t.;e iiady tunnel, diverted at ^lat
.jOint.
A
Q And weir No, 2?
A Tho water eoning frow the Kady tunnel diverted at thfit
point,
Q ^y ware the ^wo ae pa rate?
A One utxe tnkeri out before it Cbtm to the other.
Q Which one took it out before it caae to the ow.er?
A Weir No. 1 took water before weir No, 2,
Q Which ont) of thoaa woira belor^od to the CuoAonga Water
Coiqjany?
A I only knew hy hearsay,
Q Which one din you underat-iiid belon eo to tho Cucajaon a
Water Cai^any?
A I think the one of t' o CucaioQgK Wator C0Qi|jany"'-
Mri. bi^ITT: fe object lu \.:axt, I don't ^hink it i.«
material, atid <^o ave actual ^roof of it horo.
T' A CCAJi^T: l>io ffitnesa can a.ocify vr'iaro the aaaBuroaant
w<i8 t.keai.
Q Do you knc. w<;at watera thosa t^ro wairs waro au^ oaod
to rwaauro?
A 1*' aa not .;art of uy ap^wyi^nt t^ tioct;x'i,c.x.-i m..er9
those watora went to. All I Vjiow ia b>' hearsay.
Q Do y u know tiiat there waa another weir hi her u.) in
thrt unricl?
A Yea air.
Q Do you kno to ihom that weir balon.-adT
A Of riy own peraonal km ^led;o I do not.
Q Do ytju knof tliat one of tlioae weira waa intandad to
{HAaaura tj.e water into that tunnel frou out aide of the 90*
acre tract? and the ot iier the watera t}\at cum» ^Wu^ Uae
tunnel froi; watera irj the S^O-acre tract?
A I uay i ave haaro ao.
Q Did you ^a,y any attention to that fact in the meKBure-
mont and in forming your o^jinion?
A No.
Q To ..lat extent dia t^e water of that tunnel fall off
during the proceaa of pumicing thaae wella during that aaaaon
of 1V04 and 5?
A January 21, 1904, which ia fir at oentioned on ti-iia
plat and on arhibit No. '6, ^f) inchaa, after which the wella
wore pvinft)©d-—
Q laa that iia aaount of water flowii^ in that tunnel?
I
1
2
3
4
5
6
7
8
y
10
11
12
13
f y-
a -. s lo
-i 'J 3
16
17
18
19
20
21
22
23
24
25
26
27
28
29
A That, is t) e araount of water flowirv: OTer woir» one and
t»fO. On Jpjiuary fith, 1906, ir an they eto pod pumpia; aftor a
^eriod of continuoujs fron V e former date, t>j6re waB 171,^«
Q kitk A difference of «>iat'
A About 184 indies.
Cnit of a eupi t^tt'l of 3r)r> Inchei, That wae frcn
Juniviry, 1904, to January 1905. Did ycu tka any ^Ains to
aBcertirt 'jhothor the f^eator |«rt of that falling; off imd
tfiken place in ^Jie waters th.t c/ma into t at tunnel froa
outside of the 90-acr8 tract or inside?
A Te i/aters which cane iron inside, as ahoum by th<: evi-
dence introrucod before thii court amcunted to from tan to
eif^toon in'hes. Therefore ^he larj^r j^ortlon of the water
must have come froa out oi fie of the 90-acre tract.
You toll T.)o -.v'lat ihti avidonce in ti-is case shows.
But I usk you if yuu took any ains youreelf to ascertain.
A I couldn't do it, hocause t>.e .>ater was all rain,_;led.
There was no differante of ppeciranca in the water north of
the 90-acre tract from the ot er.
Q Tnem was a eir in that tunnel for ' e diviaion line
and
between t];c .vatere t)Ktt cone fron U^e 90-acro tract from
outside ?
A rr^ere was what is called the oeoemi. a^iaft. Is that
#at you allude t^?
Q Yes. You didn't naks any rnoosurements in t>iare for
the jiUrpOBo of ascertaining the fluctuations of the water
coain^-; frora the outside of the ^0-acre tract?
A We oade some neafuronents, but not constant msaiureuents,
because, if I romeai^er rightly, the San Antonio Coc^any did
n't allovr ub, aJid we had a ihaft aociai^t eouth of it and on
the 90-acr« tract a few hundred foat south of U-.at, that jaTe
»u atrintiaily t'.a aanB infonation,
Q Did you noto th&t on exhiVit lhr«to or in ►ilevon?
A Yea sir.
Q Th&t exhibit ahowa ti^.e raeaaurementa at both plecaa?
A Yes air.
Q Fron wi'at part of t- o arid
ijfttion t} t th") wator '"ror, t.l "r-
ueixve \h€) infor-
< . ill t at tunnel
i& only olovon inci:eB?
A Mr, Stcwell tcntified hero t^^rt it van eU^fit^on inches,
if I romenh«r ro»-roctly, onr I think Mr. SJuvaUc Wri/Jit in
8or.ie of "• m iu:'Ui.tvtionB and ri,'.>ireB ahowed it.
Q "Shit do your fi:7jr9a for thoco twc weira durin>;. tl;at
eriod glow?
A T
.. ;0W th'.t *. 'JD
4 ^ .
^-utu^ ed---
Q I mean about tho quantxt^ea of water flcwin - froi maide
of the 90-acre tract and that outside. Doea it a^iow any
Buth di8prO|>orticn as tha*?
A I don't oxactly gdt your quegti<?n.
Q There are * 'O weira that you were me .Burint; ^11 the time,
you or Mr. iteid, weira No. one -nd \- '-'*
A Yea, And tl^en we laeaeured No. 4 «nd 4-A, which was m
tliat Bhaft.
Q Y/hfit neiBurucionta hav j ' < Vi'-n talking ti>out here w)ien
you were ahowin;; ua the totr. i output of Uiat tunnel in
January, 1904, as compared with what it waB in l^Of)?
A Thoae were weira nurnbera one ^nri two ne; r '• f? nouth of
the Bady tunnel.
Q That tavea ycu the eian total flowing fra: tht^t tAumel?
26
27
28
29
A Yee air.
Q Ihat was the i^ro portion of tho waters bctwton veirt
nunberw onewid two that were fiowinf^ at thoee reBiiective
dfitOB?
A Exhibit, nufQi-er tlir^e would ehow xi, but wo ' ave not
Q ?,'© took or»e fieri od in Juiuary, 1^4, >.tjich, if I reci -
ber rift^tly Wfts the fifth?
A It wau tA<e hi;iioat.
Q ^nd that uxm tot' 1 was tliroe hundred and what?
A Sena ;«)5.
Q nd at that tune of t)iat 3.')i) inc)«j« how L»uch was oooing
over ^eir No, 1 arxi ^.ow ouch over weir Mo. 2?
K C»vftr veiy Wo, 1 lir.,9 i-whas end or^r woir No, 2 236,4
incheft, tnd I quote from defend sir. t*B exhibit thrtie.
At +he cO'reBi;onding date in 1909 whut was the jjropor-
tion'
A I (ion*t thj.ni; I ftave you that date, I t.ainK it was
Jnnunry fifth.
Q %11, Jnnuary fifth, Tiiat i- -ihen t^iey coased puBijjing?
A ^eir Mo. 1 ie 111,15 rinri woir No, 2 171.93.
Q How raich did you aay was n.owin ; froi't both weirs in
1905 on Jfuiu»ry 6?
A 171..%.
Q Now will yuur exiiihits 36 nnd 3 and 11 show the disunu-
tion of wator from d*iy tc d^iy or fron rmnm^rnntint to os&sure-
rx'iit?
A Which eochihits?
Q Ihrdo and elovon aro tiie aata froLi wi. ich thic ciu-rurj
was constructed?
A Yee air, that io ]^rfectiy correct.
Q Ana a reference u these e^diibil:: Mill ahow a diminutiun
of tho water frai day to day in that tunnel ae this pumj.ing
profr;r eased?
A That ia correct, Kyerything th^t xb on any- of theee
prof ilea ie on ejdiibit '.hree, as T-r as I kno .
Q lb Uiera t.nyUiiri<< on ejdiibit three that ia not on U^e
profile?
A I thmK not*
Q Trien I uiu correct in eay^n^ tn&t tiiia xe nothing; but a
diae^am cons true ted frcmt tne data on cochibit three, and m-
tondeci to ^refeciit to Uie eye tne rei^-tion« and flow of t^iii
water dun/iei thai, yoriod of time?
VW, COUHT: You refer to ejd.it' it '^ iir. Chapman?
i^u CHAftiAi»: Yes tir.
A fixiiAhxt, 36 18 a viBUi.l reiireantation of the fi^^urei
on oxhii>it Wur.e.
Q Ahl. during the time tiieao oboenretiona vere t^oin^ on,
did y( u make obaorv&itiona of any other fact or iiienoonnon
in t'l&t count 17 other t fi treae welie pum^-inf^ north of Base
Line?
A 1 tiiaae qockj Ejeaaurumcinta.
Q Dio t oy onter into your ff neider'tiun of *» 1m >^tter
for 'he purpoae of formine5 n opinion?
A Yed uir.
Q What of* or oh onrritiona ciia you oiJce?
A I aauu be .' .^^., ■ .. .4i V. 9 Lont; Star.
Q How iifiny?
A Quii.tj a nuaber I tnink* I went tr;e i^und and oade
I
t^iem, I liHvn't rot them exactly in ay mind.
Q And are ihey on ea*ii>)it thr^ja?
A T^^oy are nc , that I seo.
Q Do you know d) out ^:ow ueny or ourv^iti c-o v;©re 'TBtcio in
the pura in^i; oijerationa in t, • e f^ne Star well foid tlie amount
of wator flowing from the wells nnr' '^ur^nfjl kro^ ne the Lone
Star well a and tunnel?
A Not at 'his jiartifular nioment.
Q Hate you isny ide'i?
A I could tell y<-u lw iaany obserY^itxc . i > .-. e
usuiiUy found ttje amourtt < frcui tJ.e Lone Sta** well /lae
alraont ^ fixed qufin^ity.
1 1.1 asking for iie nua^'er---
A T'r number of obeerv' ti ontj I don't kn w. I ould hare
to (yp 'iirou-h t) c datu..
HaTO you any ideo?
A There was qui- e a conoid ore 'i>lo mm! or,
Q You didn't 'X> out there nakiiv. daily obeenrationa of
hoBo wells and re])ort ^^e mount of water pumping* from that
part of the coiin^ ry?
A I am not pre^^ared to Bay tbjat Mr. Ruid aidn't make audi
obaervationa, ithout ref -ironf e to his notta. ''n -ad no
inatructiona not to.
Q If \y» did m.ike ^ham they didn't appear on this exhibit .J'
A If he dici make them, and if they are not on it, t, ey
don't fippisar there. I d n't see anything un exhibit ^--
}&<, BKirr: Q V/liat are nuubera four end fire 'here?
A Rone of t^oeo puiq^t were claBaifi&d by number and euoe
by nam. Weir No. 4 la thi iMttw of the ^aft in the lady
A^TKKM(>ON Si', . :
{T\\e witnoBB Purcoll is tomportLriiy ^itiuiruim iruu
tho Btand.)
N. . STOWKLL.
N. % Stowell, heretofore eworn end eiaBined, being
roc lied by ulninti fs, tofltified ae followe:
M'\. BHm': Q Mr, Stowell, ia there eny correction or mod-
ifier* ti on or MAplificftlion of ycur teetiiiony respec'
the inlervittw with Mr. Pinkie, on ^^hich euVject JucKe C-ap-
n»n ^eetionod you yeaterriav, V ht you deei'^e U ieiake?
A YoF. I Itad conflised '>ie dat^a between the d&te of
the triil of tho Mc^'herstn case and the date of iie ,/urchaae
of tfi&t jjrojjerty. You aeked ::^ fhout the date of the uur-
chase in '99 ^nd 1900 when the McP ereon oane waa tried,
and I confuaed the date. At hat rime .Vr. Finkle «&■ dom
War'; and I el-ioved hia t e > le? tioni.
Q State .fliat the difference is.
A He ctBked ue if 1 didiiH state to llr, Pinkie the rela-
tion between the anaft above Base Line and ^'cll ^o, 4. Of
courae, if lie liad aoked ne thict question, I 'lanV it «as a
grave lunder in selling floidrj^ water, on cjy part, if 1 oid
n't toll hin that there was a lymijrithy that existed there.
I dcn*t til ink I could have used any c«>re .-ovrerfui arfjinent
ii\in to show thut it drained the country north of 16th
street.
Q 7/hht ticoe Old tiiut (onv«nation occur between you and
Mr. Pinkie?
A T u onveruHtion t at I thou^;*;! he alluded to was just
a
IL
O f
I
bafore tiio other suit.
Q TJie trial of th© licP oracn case?
A Y6b.
Q When was Uat?
A T^k^t waa m 1900. Ano her co.roction I wish to niak«
in about \h& em^jtiraturo of the water. In the Stowell »oli
i^'jf ffaior >ya» cold. I V/eatifiwi yeaterday th»t it wae a warn
^eli* Tiw v.arci v;«li iis nuvJbyr file and oix, \ ^uv o.o
wolia wort, diao reeabiy warm to tiio taste, arid wae Bu^^liur
wi^^ar, ind iL vaa not fresh ar:d miq water iiVo h©r« wu»
in Lr,0 96 woli .ltd in .ill Ih© other welia.
Q %h«ry :ire niaaberB fiva ana six situaitt'CtT
A Tid I.oiKs Sti^r ^ellB, T}iat wat«r, 'tihsn it ran into
the reBervcir .vcuid atngriato and g»t ^owthb in it. No other
(/ttitrr xti that neiji. or yjd vrculd do tliat.
Q No'« on tho su juct of tha Lonu Star ir'ali& and Uie Lone
SWr lurrnol, a? dthe .valla on tiio 35*acrii tract, / '- -v** a
nun'-er of rn?', u oraente yeeVerdriy in answer to Juo .n*B
questions as to a certain weir: I enquire of you if you
rmdo those oeasuromantB of ao-called Lena Star water ano
inclwdfjd all the rater 'rora tho Lone Star tunnel and tho
welLLi on th« ^i''— icrti tract?
A Tin! raeribur mon^c w! ich I f:;ave of ti o Lone Star were
of all the water that c hd f on the ♦Ainn<il anc the t-ro v.ellu.
The niej<Bur tnont thjit I <5Bve of tho aouth-Bide box was all
the ivator that caoB f rOQ the tunnel and the aeveral welli
on the 30«acro tract,
n %B ^ho vjater f en all *hoBe welle conouctod V roug^
tli-'it, unnel?
A Yo8 iu.r.
lOI
Q l^irther, Mr. Stowoll, on thia aubjcct of the tymiathy
of end well with another, in hat ton Be did you use the tera
■ayia athy* ir. 8ftyim<; tlat you didn't obaanro except on the
3&-acrfi tract any aywijathy of one eli wiU; anothir in Ui&t
locality or in that neif^ijihorh' od, or eoraethin,: to *.hat
effect?
A «e testad that verj' Uioro ^^y on the 5:)-Qcre tract.
We pur39)ad 011& veil and ve pt practirall the ■&£». aoiC'Unt of
water that we did fron ail, f) en we pum. ed or.c dovm 90 fc«t
the other wells innediately lowered 1^ ''^^ hoxirB to practi-
cally the sane elevation. Bui any in-ediutc sympat^iy,
I }«ve nevor observed in any ot.her el la that it, would
affect am' other well in t-nv reasonable time that I was ever
able to meaBure.
Q ])o you mean to sav that you obeervod no effect on the
general wiiter pl;»ne in the vicinity up *here by eirhor the
pmH)ing of any of those lar olle or by taking; ator : ^
then by cwana of tunnel 'md 8i;> one?
A The water plain has boon continually lowering ertr
since I commenced developimj there down to the l?iit of ray
boin,r there in 1V02,
.;,.of. .i.ij of Eyfa;»athy
Q That xiuBXJUtifitRX wns not included in your ptutenont?
A I call t/iat u t:,^;iv2ral decline of the water plane -ill
ovor. I don't call that a jjarticular syni athy between two
wells.
MR. ^'ASKKIX: Q Did vou Vike the <.e«por ture of a consid-
era lo nuaber of those walla on t> Red Vill at CuovBOogat
A Yes air, all of tren.
Q Did you find any two of t en thai had the eaai paapera-
LLlIll
ture?
A Yes; e11 of Uiaoi.
C Did you find any two cf than tliat )'ad tiie saiBB tami^e na-
ture?
A Yea, T eoniy r.i^rVj.d exccyLiono are Lh© two Lo'e Stur
W6lla, T' oae war© wanner than 70 dogr ee. T -a c ' ro wero
bet 6«n 6t> and 70. "nie Lone Star tjomiel Wf^e Ma /?rofit
deal of tJio ^ioo,
Q I um ej^eakiiv; about iibaolutaly tha aaaa tar.uerd^ura.
T^iEt 18, it^An a h;;lf « def;rfee.
A Oh, I t>:ink -- yeij, I thin*; -i e.. •-. .o k.
Q How riany wo lis vnrittd?
A Not rnr.i*e than a couv)le of degroes usually*
Q Old you noMce w ©thtir ^he wanner walls were ah^Uow
or tlie dee ("yr w .He?
A The 9^; well is a comj.ian titely rtiallow well— -400 faet —
ftiid t.Vo saroB taoi,; erntur- of oth.ere cloae there thut are not
aa dcop and some suite coneidorably dueper.
Q '^nch was Uio hottaat </ell and where wag it loc;jt*d?
A Tne Lone Star alia wara Uvj hot wells* l^ose ero
about f300 feet dcap if I rsMSebar ri, t,
Q And t}:ie Lone Star well is abov Base Line?
A It id above BaBo Line on tha CuoaJBoi^a Hotoestaad Asso-
cietion tract.
MR. BHITT: He locatea th<tt in his jrevious taeti ;oi:y
accurately •
A No. 6 is 479 foot d^ep. That was not a ?ar> warm well.
And No. b wlb f)4l foet deep. Dose two walls and the Lone
Star well had wary nioh tha oost clay and tha laait water
gravol of any weXls in the vhoio country th«r« that I knu/ of.
Q Did you find my walli wiUi c(n|mritiToly«ra wator
near the weal aide?
A No Bir.
MK. BHITT: Q TJmt Artaeian /^ell Mo. 2, do you know Uie
d«ijth (.f that woli?
,1 I dcn't kna», except Troa recollection. I tliink it is
E')0 foot-— hore it ie, 236 feet, well No, 2.
C And the Heilim woil, you ^\t the iof, cf li^at yeatvr-
day. liave you /Tot it there do that you can ^?Lve u« the
depth of thai dxaotly?
A Not irithout rof erring to my book. i think t^iat v&i
:'vOO eYon, ^r 600 oven, I *hink it wu a ccntract for eo
finny OTCJi feet.
CiiOSS >?:; ^TI'i^,
liH. C'APUAN: Q Since you left the etand yesterday haire
you been convoruinG; vrith anybody on the eubject of your test-
iriony giv«ri here yeaterdny?
A Wc nir.
Q Nobodv lit all?
A Nc »ir. I sinply rcmrked as I oanit in to Judge Britt
ttuit thero were one or two discreptincicB that I would lika to
correct. I v'ill aay in tuccuto tiat I w*8 very tired yester-
day. I 'mt to 1x)wn the ni^.t before after oonrt, and I
trioG to find the i&pers and d-.tathat you wiahed and I worked
on it tr\y didn't fsot +o bed 'ill t^o o'cioch in the nsorair^*
Then I »;u\. up before sij: miq caob here on a tram tb.t g«ti
here sit 9:^ (wiien it doesn't break do«iu as it did that day)
and then all afternoon I ma reading; thoaa eeasureeMnta with
-A lib
I
a iai(7iifyin£ jinaa, and it rade me Tery iir«d.laat ni^t,
and I wan't very clear i:. nd about what y u were aakirv^.
I «rl;l Bay that in my examination I riid that Ur. L. Ideeon
and Oeorre Bcver we e two of the partiea working up there
when that 96 well was cut, and I think their recollection
Tirill bo Tery clear and poeitive about, the facte.
Q "^'iion you apeak of the V^ well that thev cut, you are
not Bjjoakin^ of the well that you put down in '^6?
A I ara t«ilkiTv«5 about well No, 4, otherwioe call -id the
Stowell well.
Q That i» tho cne you are talkim; about?
A Yes Hir,
V Vmo do you say werci the j^ersona woi"kii>g there then?
A I.. IrieBcn and OeorKe Bower.
Q fliere were trey working?
A At wall No. 4.
Q At your wftll?
A Y^^e air.
Q But not in thfj aha ft?
A No, I fion't kn<w t-he naraea of thoae, but U.ey cane to
our w«ll ever/ d^y to got water tx) drink and we met Uion
vory of tan m t)iat way.
n y >, r'..-, j-»>T,»ro^.©*« «o-/^ .V t>mt you had a conToraation with
Mr» Finkle, Waa not Uie aecratary of the San Antonio Coa-
litmy, Mr. Sh- h»ird, present in March 'VV?
/^ I rUntf r-flr,iopV.«r that, I kncT.v f.hnt ??^ ♦♦|.)'nrd waa
thero >inri Uioke waa tiior^* -inf' nil *i.ci ;; r-.i : were thoro
at differen* tiraea, and I *;ot frou Mr. Finkie or Ur, Shep-
herd tho jMasureaentB Ur. Finkle oadB there.
I
1
1 Q But you dcn»t reMOBber th« < tnferMtUt>n that you had?
2 A W- air.
3 Anri I understcod you to eay in your dir«ct •xtainatiun
4 a i^iilfl a/50 that you tiiou i.t if you could ^^te a- aurocj than
5 th'.t that well would drain that upr)6r country x. -ould hata
6 been a groat indue. »mont for i em to take the property?
A I think bo,
Q Ijc yea kr/.'-^ hnvr '^h^ ronveraatioii ca:© up batwaan you
abcut this matter?
A About what natter?
Q About the effect of \h*i well a iv-. that ccuntr/, ono oTer
anotVicr?
A 'then? In '96?
Q Ir *9*', Tou r«af!'jiber 'he tline h«n the S n An onio
Water Con any pur' from ' '''uetjaonga Pruit
Land Coa-any to d-w^^-^ ...^>.^. . a Cor...*.. .>o-acre tiact
of land?
A Yea tiir.
Q Wber; thoae nejotiationa were ^^int; > n is the tiae that
I '.m tryini_j to call to your moraory thjit you had a cny^jraa-
tion with Mr, Pinkie and She^/urd. Wlieher there vas anyone
present or not, thoee t wer** ^^^re, %nd they ^%^'y v^ ^'
ropreaentin^ the S n Antonio Water Cou; eny, X *iii aak you
if t^;ey didn't oak you ^hat you knew on that oubject of how
one well was affecte-' >^y another,
A I don't reaesaber .-jny auch comrersation,
Q Don't you reraentier y-u were trying to gat them to ouka
a piirchaBO of ihe ripht tc davnlop water on a certain two
and a half acre tract?
A Yea air; thirty inches.
1 *
6
7
8
'■}
10
11
12
13
14
15
16
17
IS
19
20
21
22
23
24
26
27
28
29
Q And don't you ramomber Mr, Fixikle vna Uiere and in
this conTareation told you, 1* substance, that ha was afraid
tlia ^ Uiat Van not sufficient araa to protect ih^ valla on
tha ad which tiiey ui/Jit i^urc^Asa, fron veils vhich oii^t t
be sunk by ot er people; and didn't y u in that cjitoraa-
tion tali .iij tnat a hundred feet wua aufficitnt for the
protection of a well there, anu called .is attention tc two
welle located witlun less than a hundrad faet of another,
and whidi you aasur^.d hii^ neither affected the other?
A I Uiin>: t :ere ia a miat k e iii tiie dates. I think *h&^
purchaned tJiat land bafore heru ware* a:iy veils bored l^ore
except the *% well and veils ouu, two end throe.
Q 'littt wells one, two and t^irea?
A 7\\i' well a bored by Jo'in Lynch on the cassa.
Q Tiave you nut yourss-lf sunk 1 ^ ..^.^is, woi. i\u, •* being
one of tiiSM, bafore March '^i?
A No oir«
Q Was there not a well Vxtiiin a snori. iBcance of u is
well Mo, 4 lit the tins of ti.at cor^verauticn?
A No air, it couldn't be. It was nctbored at that vine
to the beat of .iiy recoi lection,
Q Co ycu kno>7 as a natter of fact that the San Antonio
Water Coii|jany refused t^- OEika t^.a purchaia of tht ri^Jit to
dovclop on the tv^o and a .half acre tract and j.niiistad en the
riifit on the J35-acre tract?
A I kno thero «ac a lot of ntgotiations, but to attempt
to relate an^ Cwuvoreati-'n ii. ragjard tc buyxZL^ or seilj-iitj
water or sirriipint^ dogs or horses - or nine years ago,
I don't V:n(yH anything «^uut it.
Q Wain*t a lot of thi ntgotuitioni on t «i ¥«!> tubj ct
had trying, to get Uian to develop on the t«D and a hslf
acrei, and didn't they make in4Uirie8 tuod finally detercuoe
til' t t cy couldn't j^urc^aee thu rx,ht to develop on lese than
tlie tj.>-ttcre tract?
A The li.yacro tract di.n»t belor.^ to ■••
T
.a on
the two-iiCr{« tract Uld boicr^ to a» and conBe.iuaritly I
couldn't h&vo had ai\y n«e$otiation» abuuL liie &o»acre tract
bocau&e I dion't aui it*
Q You woi-o an offic«r of the Cucemom^a Fruit I.und Coo -any?
A In Belling the tkiirty inc'nes for ■hem, there never *aa
any prouom^icn of the San Antonio Nater Co:i,any to Wkv
any &i.\cunt t roizi ll.o to uorda excep* wiat beion ed to im«
C I offi talking, about the* dietinct ri,i-7it \.o develop water
on t,*.*» Si-a ere tract. Did tiicy noc oake auch jAird-iaae from
tho Cuoamongu Fruit L'tfio Co veny?
A I nhculd »<*.,' aol, I aon't tmnk tiOy did, except
tiiro )i tlie ("jnturio Power Co ^Jny,
Q Wh» Ui<f» [.urohaac fjaae y tho Ontario ;'o .or Covi>iiy?
^ Tm fiiturio Power Coijeny urcliaaed ^' ■> -'-o acres.
Q Anci wero your negiitlu>ioni wiUa '^e unUa^o I'ower Coa ai\y
at th» t tiE»?
A Net nt that tirie, Ti. waa nut orgaruied*
I iv; tr^licinu; tb out ii&rdi 1^, idVv , and 1 will hak you
a^in if on that utxX.e, au >jart of the aaiue nagotiaticna, if
ihio f^o \p <'i n*t aA jiou vrtei er ih^tf wellt en U.e north,
cf . .»o b«cr. B^ , were or ^«re ri. t af footed
hy, > r -cV f nr ^>r;v riir^ or did not affor* *^' -rel'lr on this
tract 01 iana i-.- . ;uch -r.cy <.'ere ne oi. '.:— ^
to aa irrelevant, iooat
. and not
prO])ir crOBB eaMBfttition, and »4iether the witnoBS give ut-
terance to Buch an opinion or not, it vat otrely a BAt.t«r of
o,)inion liiid not pertintiiit to any teitimcny t at ho hts ex-
proceed in the preaent oate,
T' :. f i'U! 7: I undorutand Uin queetion to txciude o^iinion.
U:^. r \'- ;\r': J havn't f Lnirf^od Ihe .^neBtmn when he
intorpoaod <iio o' jection.
Q (Continuin^^) And /bother you did not in anvMr to an
inquiry toll ):im thitt Uiey did not >iave ^ny effect, one on
the ot}ier?
*s'n. t iUTT: I renew tiio ohjecti>,Tn and suit jit that the
question inquix*06 uf *iio witneau Aether he ciid not erpresa
at tho 1)119 ri.intioned an ojjinion to th.j»o ^tmtleeMn <» a
cort'in subject.
TK V.i)\} '■:: It calie for an ouinion, certainly^ but if
it calls for a fact I think it ie i.orraii^Bihle,
UK. (y KP^iM: I fui aakinpj tlie witneea thie queation for
the jtMrpoaeB of ini))eachmont« He tostil'iod that in lb&6
i^en he aunk this well No, 4, thit when he cut thzit woll
ten feet below ti-ie Burf^ce th/it the water did go out of the
BJ^ial't to tiio north, ounk by 7t rkidf. and Stamm. Now, if
t^iat ia BO, when he had thaL conYorsation in 11^99 with Mr,
Finkie find JJhiephord (if he had auch a one) tlua other ^Xitcr'
ience had nlreany t^iken place and he knew it o - ahouid haTu
known it, and evon if 'o expreeaed nerely the opinion to
Finkle th t ti»y oidnH affect one tnothor, that would not
nilit&to against the fftct that he opinior. wca ccntrary to
what he now Baye was tho experience and fact in the oatter.
TI!K CUU T: T»^.e objection ia owemiled.
^'' ■ Ti^f'a Bxco t.
A I don»t reoBmber e?^ auch rnnTsrsation, ^ *° iatiBfiod
that it w&B not called to ray att^ontion in unpK\y that wou d
allo^ tm to answer Uwt question tho way I should >iave bjn-
swerod it, becauae I shou d ^lavo boon only too r^nd to )!ave
mentioned that fact to tl.on.
Q V7ht;t I m tryin/- to get before you is— -I an aasuning
tlie fact. I don't know wi^. ich one of you gititlemsn tells
!i» the exactly correct voreion of it. But the #ioie eub-
otanco of it v/aa tJiat an toil or to wJciri,^ atr^ p\ircbsse Mr.
Finkle vas in he aaploy cf the San Antonio Water Com^jsny;
tliat he -bfl there with you for he |>urj>oie of ronderin-v an
expert 0(iinion to the p;ontlo/uen whom he sisls repreaenting
as to whether it would be safe to take Uio ^ircliase and take
froa you that whichi you were ofering ^o fhH, nd that tViat
WU8 'ne reason e was riakin;; the inquiry,
A I don't i-ecoilect any such ccnvere; i,i( ri.
Q Do you rorionber thin ell that was here---wts th^it
^•il Mo, 14 that wtis there at the time cf Utis .urchase of
the iroocrty in 18*. v?
A Woll No. 14 Wfes not there in 1699.
Q I no^n No, 4,
A 4 Wfis there in *9G,
Q Is t^uit ^h^ well irijtii viiich the '60 incihoa winch y -u
difj sell to the Son Ant-onio ftter roi.;;.tiny Wbs to coosT
A Yo8 air.
CI And that a-ss on this two and a half acre *.ract?
A It is on a two-ftcre tit^ct,
Q I will ask you aguin if tJiey were not attamj^tim;; to
guard s^nst tiie (iOBSibijity or i^robdbility HLjusoli^er.
t}iat anothor jvail sunk ne r 'iiere rj^-^^t dopriia then of the
30 inches which they woro j-urchaaing?
A "Die 30-inch Bale of ator irui not taken u^ till after
tilt; eale of tiio otlior water by Uio Fruit L'ind con »an. .
Q To T^ion?
A To tho' San Antonic 'ai'^r Co any.
Q T^ie San A/itonio 'Aator Co, ^xiny did in tic 'ionth of April,
1899, pure)«iB8 fror:i th - Cucanor^a Fruit LiJic Com,j«iy a ri^Jit
to develop I ])e.ievu not to exc ed 100 inches of vater?
A I think BOOBthirk. ; like that,
C. Tliat wuB in April, lli^A>,
A 1 dcn't knov; tho duto,
Q At any rate, do you 'ruiow hother tljat wvb before or
after 'he purcli/jse >jhich tJie San Antonio Water Co. i any had
naade of y>.u individually of the 30 inchea?
A The .7 nolo sale was conaunrnated at the sane tioe.
Tht boIk^ was I'irat jrjFide of the larger quantity of the Fruit
L'ind couj^&ny and then tii«y concluded to t ke mine too. 1
was indifferent whetrer tiiey took It or not, Thie d^ ed
oame for ^ha whole natter at once.
Q Didn't y u join in tiie d-ed?
A I joined in tho dued, but I had no title to it except
a verbal a^reoro.'-.t,.
Q But ycu were lc get your .ay tor he wtrk of getting
thoea w«Ilo, in water at $600 an inch?
A Yes sir.
Q Did y u g t the w.u ty inches of water?
A Yea sir.
Q Aiid you say tho nsi^tiations with you and with the
1*240
4
5
b
7
8
9
10
11
12
13
• * 1 I
ii5
IS
16
17
18
)9
20
21
22
23
24
25
26
27
28
29
Ouoamonga Fruit Land Cocr)«iy for L:e ri f\t to doTalo.j a
hu2]dred inchoa wera concluded iibaut tho Muaa tia»?
A jRie aale of thb Fruit L/inci Cocii any wbB ccnauaaatad
first, and tho othar waa indifferent to rue -bather they took
it or not,
Q Have you an^/thing now to f<;ive ua the dataa whan thaae
transactiona were ccnBUianuted?
A I have niithinff^: further hock thm Vovepb^r, IHbSf,
Q You moan afirlier than t>«at, df-n*t you' It wtiB in
tho 8j)rinp;; that it we a conauriaated'
A I Bey I havft nothing praTioue to 'vy in Utaea data.
Q Let ue invite your htt«:tion to tine dia^^ran exliibit
No. 1 for a nociont. Do you n-t ica on ^hxn '«.;. a i/oll marked
ie97?
A That ia well No. V.
And dated 1897?
A Yea sir.
Q Did you sink that wall?
A I did.
Q i'^esn did you con >lote it?
A I have no recoiloction of it. 1 think it «&• in •97,
Q r^mt 'cl\ waa tharo J an you h-d ^ha conv':rBbition, if
you h<id any convartation jith Mi*. Fink a, in Marc)i IbV"'.?
A Probiibly .
Q How far ahb that from rail Ho. 4t
A About 300 foot.
Q V/mt ia .'a naaraat wall tf> wall No. 7?
A VqU No. il.
Q How fn.r diat^T.t xa it?
IV
1
->
3
5
b
7
8
9
10
11
12
13
17
1<S
19
20
21
22
23
24
25
26
27
28
29
A About a 1 tJidred fo«t.
Q And ie Ihjat the shortest diatjtnce betw.en any of those
wells in that vicinity?
A It aeons to be tbout 60 feet by the scale.
Q Tlmt in well No, 11?
A Yes air.
Q Ihen was iiiat bored?
A In Ih'y...
Q TOwt tiiae?
A I couldn't tell . ihout lookir^ it Uj^. On Decenbar Otii,
' 9, -ell Mo. 10 was l-oin ■ bored, so I jui[^o it ..£>■ horod
aft r that date.
Q T)o you infer it fror:: thtJ riumber?
A yeo nir,
Q Y(u didn't irake the numbers th t are ^ut on thtse exhib-
its?
A T\\a numbers are the order m w.ich tiia r^ulla were bored.
Q }^CRr faany wells were on tlxe 90-acre tract at that titoe?
A ^our.
Q TA.ere were t e-j and what are unoir num ors?
A No. 1, Mo, 2 and No, 3 and nothor *'all. That isn't
niusl^ered .
Q (Miereabouts is it mtuated?
A Ind possibly v;elX Ho, 10. Tuat is aituatoti in t^ie
part of the t-unnel, south of the well numbared throe on
V.Uit r!]ftp.
Q How raeny tmve been put on that 90-acre tract since?
K I thinl: there has been two ,j;t on it sinre.
About where?
]'2^2
A V7ell No. 10 la on the 90*ftcr« tract.
Q How do0ij?
A Well Wo. 10 is 6 6foet deep.
Q And »]o. 11 ia how d -ep?
A No, 11 is 705 frat.
Q And No, 7?
A 370.
Q Were thoee weiia all there ot tj.ax. tiLio in *9'.*f
A I don't thinV they were UiOre in Iferch •VS', ill of U.em;
espeoia-liy oil No. 10.
Q Did y-u s&y tliore ^ero five of t nm Uioro at that tiia-.- —
on the 90-ftcre tract?
A There wae four t>.at I knoA- of, and Doeeibly Nc. 10 was
be in- bored.
four th waa
Q ftiifsuai T>ie ttaa that you know of that wKxa there in
Ubrch '99 and numbered wJat — No, 7?
A No, 7 18 not on the VO-acre tract.
Q IShat are *.h.o four on the 90-acre tract?
A One, Liio, tliroe and a well that ia not numbered, and
portBibiy No. 10.
Q Wf^t wella have b' en ^^ut there aint e?
A Tiiere has be>en a well put cloae to No. '6,
Q How doop?
(& I don*t know.
Q Tiie next one?
A Bored betweon cloven and well No, 2.
Q la No, 2 tiic Arttiai.^n well No, 2?
A Yea air.
Q Ihen w a tlittt Mt Uiere-— I iaa«n t) e ona baivaaiiT
A I Uiin)-. about 1902.
1 -J l.'i
Q
Do you kniiw r.ow d'-'e^j?
A
No fair.
Q
How uauy of thioo ^eiia arc connected Wi.tii tunnci Ko, iLf
A
I think all of ^.) oci, exc^'.'t No, Z, is f
onn acted
«ith
V)(i
txjnnel h*t^ii©r up. It ab .jv .. carutoctoo
dear down to
V.ie
tunnel ;rad6.
Q
Artosian v/ell No, 2 is not d ap enoi^f-
to reacj-
The
grad«?
A
Oil yes.
Q
But it is not conodctsd on tli« griido?
A
No sir*
m
. STiv/i.'S: g iio* d«op lu Ko, 2?
A
;t^) fo.a.
m
• CHAl'iiA'-!: Q Aro il^ouo all the #6X1 a
that you
knew of
on t
^!i8 90 -aero iract?
A
YeB sir. There was the Tiburcio Sprin: well.
T>iat was
only
fo.v f'~'0 ae^p.
Q
Tho wfctur froii tliat, w jitevor it is, u
\ ccnuucted into
the
turjiol alio, lan't it?
A
Ho cir.
~:
■Ylioro dooB it -0?
A
It used to run into the San Antunio Water C<«i>ia^*t
pi]>elino in oldon dayi*
Q
In Uiere a^y water there now?
A
I don't thirJ-^ 80,
Q
There haar't boon any watsr fra/i i;; for
a good
•any
yoaru?
A
I thin', about 1'- .
Q
Have 7 u any raeraoriindiira froa which you
citn fix 1
Lhe date
t'n4
whon tha {>urcha8e of tho 1^50 inchei of water was omda?
A The copy of th« d' od eind contract is in eTidonco in
the other auit. My in.rooaion io that it vas on April b\h,
169B, !Rifet ifi the way I recollect it.
Q Tlifct was to the SiJi Antonio Water Co any?
A Yoa sir,
Q T)o you kn^'w vrhen that water rae tuna td otcr to th<» flUl
Antonio V/ater Coai>any?
A I think In July,
Q •l"?
A hatevor year it vaa*
-0-
MR. WATEiffi: I haire .i few raoro d -eda to offer, I offer in
eviaon<;e a deod datod Septotnbor ^rd, h'i!)6, froa tho C\;kcamonga
Fruit Lnnd Cora<any to T. f. Weaver rmd F, C. Nichols, convey-
ing certain l«nde and wutor riihta appurtonpnt to certain
Iwdfi in Cucriflionga dosci^od ♦.horuin; record'jd Novonber
ir)th, 1902, in book 524 of d ede, paR* 41.
Dood fron Wiiliai:i H. Handing to Peter S« liafsr aad
Fredorick C, Micholi, convey ini^: certain lands and water
rif.hla descrihod therein, da tod April ?/dd, 1885, and recorded
April £M, I'r^fiS. In book 41 of deeds paare 63.
D«bd froTa Floyd A. KilVcume of date Iftth of July, l'X)l,
to D, H. Kilboume, comreyim-. certain l«nds rmd wator rip^ts
doscrihod therain, rocordnd July Z^'ith, IVOl, m book ^7 of
DottdB, pi^e 109«
tkiod from Gertrude D. W&ddel and Vllliatn Waddel to D. K.
Kilbourne conveying certain lands and wat' r ri^ts de»cri>^ed
tiior-j-ui, datoti No¥«iber 2d, 16*J9, r^j recorded Uay 8th,
1^.>01, in book 306 of daede, liage 214.
De«d from Cherlee H. KUboume to D. r. Kilboume, dated
the 27ih day of January, 1901, convey ^.j^. curtain iando Jid
wiitor rif^te in Cucanonga deacribed thertjin, recoraed \ii.y oth
1901 in book .i09 of deeds, ^f^e 292.
Dood Sarah) J. B, Clark to Jo^ji *♦ Uoore convey ino; cer-
tain lands and water rights in CucaBor\[^a, dated 24th of JuiiS,
1902. Not recorded.
SMd frod ^ • J. Kinciid to Saouei CmmIi^ of date January
6, 18Bti, recorded January i9th, Ib.b, in book ^v of deeds,
pB^'p '6G7f convey in»^ certain lands and irater ri^^its in Cuca-
motOga therein described. (Exhibit 6?)
-0-
GilKVAlSi: PUHCiiLL.
(Cross I*}iftfidnation resucHtd):
ilR. C' APUAN: Q The series of obaonrations t^rotrayed on
this disfpran on the board now—HmMbered «k) — -extends frooi
J» nuary :l, 1904, to January 5, 1906, in one of its sections
at leaBt.
A That is uy recollection.
Q Will you look on eihibit three and tell us <hat veil of
i . 4li
the San Antonio Wator Coci{v«iy or in which that coraany ^sad
any mterost, was iiian^>ing on January cl, 1904? That ia,
if I reratnbor n t'tly, the tiwb w^«i that dia^raa be,;inB
lihich you hold in yo<ur band, plaintiffU ejdubit throe. An
I right *out that?
A Yen sir.
Q Now hat well of the San Antonio Vater Corj.any was pv^p
ing on t>iat day und how many of them?
A On Jrmuary ?1, 1904, tbo observation wm Mkis by J. 0*
Marsh, and the infomf>tion ^^e n-ivfis here is ti-^it t^ey ware
pi»fflpir>K,
Q Wh«t wells?
A He doesn't define which wells or how ohny,
Q Have you road t)ie index of tbis niap?
A Yob.
Q You iJinderstand vhst Oio Turiuiit ■artui upon it si^ify?
A Yes, "in J 8 fmxwfiMmtm *X* matis pum ing. T^iis little
•o" neims not ]/UEL;iing.
Q Mow the "X* means pua ia'^;?
A Yes sir.
Q Isn't that under */ell No. 14?
A I ihin)^: it is siiif/ly put there fur conTaaiM)e««
Q It lu here and indicates according tc the indsz of
this exhibit th^t en tbat day -ell fio. 14 was pian ing?
A If I dio n't know to the contrary I ..i^ht asiuim that*
It don't so Mean.
Q V/^iat do you think it did isisnT
A T^mt thene vol Is 1, 2, 6, 4, and 5 were piv ing.
Q There is no nark under cither one of o «■ th t they were
puai>ing on Jamjary ?I, 1904?
A You will 800 No, 14 Ib riarkcc: as y ja.-m,;--—
Q i%8 it or waa it net?
A Tneru is no sark OKce^jt on t! e No. 14.
Q On Jtjiuary 21?
A Yea air*
Q And on htm rjany days doee that 1* ftpft tr \h9f indx-
Wvting thfit Umt *ell was ptim^jod?
A Th«8e obuorvbtions irere r.-iado by Mr, U rih ^rior to
tho time th»t I came in onto this auit, and I don't know.
Q Havn*t you been ^ving cm opinion ua an e;q)6rt founded
upon whdt io ropreaontod on thia ejdiibit liirea and eleven
and is diagruBed on those exhibits?
A Mr. Martf-! t stifled to the accuracy of ^iis own neosure-
monts*
Q And the index shows t! .t where that *X" a^^ra it means
tliat the rfUl Has being puinped, doosnH it? and where the
blank space is, v/hore there is notium^; writtun, it oeans timt
the well was not p.ira^dng?
A On ti-iis dia^ijraa three, be£p.nnmg «itt^ Janiary 21, when
niuabers 1, ^, '6, >, t), 6, 7 and b veirs are, there is no
mark of biiiy pi4Q in^ at oil on January Idl. There is no
cmrks.
Q And the Kaskoil woli the sam? Tiiere ia no mark on it?
A No air.
Q But on ^io. 14 tliere ia a nark?
A Yoa air.
Q And that ntuobdr contmuea day after day for what space
of tiaw?
A It tormnatee by Uii» eliart on \ht 17th day of l^ebruriry,
VjO,, ^en they ceased puo^lng.
Q lf\\tr^ was thn water that was bein ^ pa4>e<l frea well No.
14 diachar^d? Into 'he tunnel?
A I dcn't know. I wasn't there* I j^resuse it would be
into t>'e tun) el,
Q And at the beginnir^, of your nsasaresiflrt there was how
nojch. of Q sua total flowing out of that tunnel? Here is t}:e
totfd at the mouth of tunnel Ko. 2.
A 3r)5.^.
And v; on Utat ceastid t^ i^^'/'i * 'fHen trtty ceasud to
pum tho wuUr frota well 14 into the tunnel, what tlion does
it chc^ was the sura tot^l f liwinr; out of t>!ht iiinTiel?
A That was January 5tii, 1S0J>, I t'dnk*
Q And was that .vben they ceased tosssYasitksx from som
cauBo or other, frof, Jamuaiy 21, when t.hoy hegnn to pusip
the water inty tho t4Uinel?
A Yafi air.
Q Thar, increased the water of ♦he tunnei?
A Hy just au cttidi as t'-ey puap xnu it. It cuf^ht lo«
Q And tlioy continued ti!l t' t y ceased to pucip?
A Yoa 8ir»
Q '<^heri thev ceased to > uu,j wi...t was II' ..' B\ireacint of
the iiua U»t4.1 of the water fron thrt turnel?
A On the 16th of February, the sun total at that date was
3o3«7 inches.
Q And tho ne^t day after they ceaiied, which was the 17th?
A 2V<.
Q And on the 18th?
A ^1.
Q itexikmjtiSfcLjc Do you say nuw u.at « .en t:.oy hb-\ n to
piiBji the othar welli Uu> water of the tunnel continuuliy
went down?
A T^':e dittgraia and ihe notua u ucisolTes will to a^.ow.
Q ^low iat U8 see if t ey will ic ahow.
A Tak_n.; oyer the entire y^fair, or hatavor ^ oriod it ahown.
Q We will KO back here to Fobru&ry 16th, whicl. waa when
t}:ey quit. On t! e 17th it is shown tiiftt the sua total was
£.'.■
nri on the IBth?
A 301.
Q On Uie IVth, Z^-j^ and on the iiOth 2V4.60, and on Uio L'^
2vtt.G0, an increaae of four inches, but t :bre was no .jum, !?>;
boin,;^ done .-.t that time, was there?
A No jiura >ing m tljbt «eli No. 14.
Q Tliere wfisn't any p.-a-ini^ en any of these wells nortii?
"Hiat ia vhat I am caliintr your ttention to.
A I think on the IBih there were to wells injmped north.
Q And tlien ^here was ^1 inches, or an increase of el) out
t)\roe inc> OB over the day before?
A Those t.o vrello vore bexn^ puBL.ed.
Q What vrolis if any were being pua^ied on the i^th?
A Seven and ei^t.
Q And on tnat dey there were 2. .50, What wells were
bei z i>utai)tid on the 20th?
A 294 —
Q What welie, I mo-ji?
A The sue welis.
Q Then there were 2V4«60, Nov on the 22A, which is the
f V')(>
next day, what wells were heiTu/ pua,«d?
A Seven and ei ■! t,
Q 297.90 inches. On the 2'^th?
A Haakoll well No. Z and titjnt»
And then there were 295.60?
A Yea eir.
Q On the 26th whnt welle were pumped?
A Hankell well No. 8.
Q And 'P6r»» woi-e ?9.S incheo tctinl. On the 27th what
wells were pumping?
A Sevon and oi(?ht.
Ano there were 300.60 inches. Now tl-ie 29th?
A On the 2Vth there ?raBn*t any piimjiins.
And there were 299.70 inches. On the first day of
March v/}»t ??ellB were jium in.-?
A N(?ne.
Q And ^hero was 502 inches. On the 2d of i\larch hoe zaany?
A T^iere wasn't any.
Q And tJiere was 502 inch, a —
A Let ri© Boe now. Yes, Li.;;x. it ; i "m*.
Q On the 8d of March?
A There was one well pvaipin-' antf ♦hat wna woli No. 4.
Q And there are 2990HO, On the 4uj w i.w wwiis were p.jn,
ing?
A No -ell.
Q And there were ?9f«80. On the 5th ^riaat wells wsre
puB^inf^?
A No ell.
Q And there were iOOM incbes. On the 7th what wells
\ - • i t
wore puaping?
A No well,
Q And there wne 302 inchea. On the 8th wljat jrella were
})uini ing?
A Not any,
Q And tJ-ero was 500,80 inchoe. ; , on the 9th?
A None.
Q And there were i;99,10 inchsa. And on Uie 10th?
A On tho 10t>. no wells ^u« ing.
Q 300.70 inches. And on U.e 18th, vrhlch is the next
cieasu! flHent?
A On he l^th no wells pina ing.
Q And there were 20 .10. On the 2lMt?
A Tliero were no i»olls ^ua ing*
Q S^.KJ.S'O inchsa. On iiiu :^.:;th, 7>)iich was the next rje a-
urocauiit?
A No woile pua itig.
Q Ajjd tj-iore were 501.30 inciios?
A Yds air.
Q Hate you l)ecn ull over thie oiriiibit t^iroe wJiu follovad
down t})e cienBurerxinta ae ahow Uiort and the infonn/;tion at
to wtieiiijjr the welle were pum inp; or not?
A Y©s, undoubtedly I >iaYe.
Q And do y^u n t aee ^hat t.hey did not rorres^ond or
respond in p^ai. in/; uf the wells above tlie base lins?
A Tint ic enaily explained.
C! I an not talking ibvui t.} f^xplanation. But accordii^
to those entries.
A I think tiiey oc, >'^en thoy are explained.
1*-V")2
1
3
4
8
9
10
11
12
.- 13
ri6
17
18
19
20
21
22
23
24
25
26
27
28
29
L
IiOQ What is your explanation?
A V'/hen they coased puapin^^ above Base Lino, well No* 14
would diadiarge more water than i^iCn they were pua. ing, be-
cause tho head was increased, art! the accuEiiiaUon of *at«r
in thfat reaervoir v-rould OMtke u ..o u and make a larger dx8-
char■^;6 in fourteen, Mere boin^: ayrajjathy betw en the t*.o,
Q You f^ave your teatimony ua an exixjrt tM-.t fron tiiot
time on till they quit pumping the aiai totax wue ^owui^
Iobd,
A As a .''eneriii proposition it is j^erfectly trut*, as shown
on thf^t exhibit,
Q On exhibit throe?
A On ojdiihit 60.
Q Now do you find on tV is ei^ibit, t' e first piaco ..ore
you find n variation in 300 im.he* of more than throe or
four inchea?
A Well, take April 2 und April 3. There is a difference
of eir-ht xnc)"Ga ri/rht tho re •
Q Whiat does that say about the wtlle pum ing?
A More than one of them were puujar^. Well 2, well o,
well 4, woll 5 and well 7-— ^no, let tm see. Yea, that is
ri^^it— and well 8. Seven was not pumping,
Q Turn l)ack to your explanation. How does your explana-
tion explain it? You say when the pufflj4 sto, ped jxinnir^
tunnel No, 2 discharged Bore water?
A That is what our data show.
Q Does it?
A Certainly. Here ti^ey continue to pua^ from that tisie
on systematically.
I
r >.>
Q I #iowod you that the nira total of the5« cwaiurflnantB
bera ran just about tha s«ua Xtir^^ uil 'ha tiiaa, froci 2V6
uiJ to 302, tmd aomatitoba— —
A That puBi.'in.; mui wall 14 nd dischargaa into tunnol No.
1, at id natur&lly incraatoa it.
Q Tiie 16tyi of Pebruury ia wharo 'Joy caaaad t© |>unip«
A T>mt IB rif^jht.
Q Ard tlxeao otlier jjuia^ja alter Ui^it wuru uu '.ut; ui. lor waiia.
Now, you oft^' whan thoy caaaad tx) puB^) antiroiy, faj-.te one or
tvfo '.vouid dxadiarga aore water.
A WFien tJiey ceaoao to puwjj wall Sc, hi diBchm'^a more
water.
Q iop about thoBo wella in tho north of Baaa Lina?
A ThoBO are :ho wellc I )avo uUud&u l. aa ato^-i^in^ tha
jum. ing.
Q And er thay wera punpii^-^^ thia kdjit gi>ine$ clown?
A Yea eir; this nhows it.
Q And I say it don't.
A All rif'Jit. Tie fi'-TuroB 8i>aak for themtfi.lwaa. Tiiay
cortnancod ayatttBK-tiCi.ily to ]iub^ ^<> '•alia on July 1&.
Q Wliy do you aay ayatematical ly?
A Bocaufla the sheet ao ah ova*
Q They cofiranced to pun}^ bofora that?
A Sporadically. Sooki faw wara pua^i&d oocaaicnclly, but
t}«ra was no ayateiaatic , -.i^«
Q Tnia 'Xhibit aaya Sin Antonio fatar Cor-! any puc^idng
wall fiYo. San Antonio Vatar Cotpany pjia. in^s valla 6, 4,
and Haakoil «ell ':0. 2. 3<n Antcnio W&tor Coiaj.>wiy puBiir^
all <)ells.
] >4
A That Ib July If), That is iw^.at I was p;attinc ft^* ^rom
t)ifiX, down it has a veiy narked decline una dioc>\ar@a«
U\U BRITT: You are ^loing to the Hellr-an c«ll?
UH. C: APl;A!<: I an not \Mt the witness is.
Q Look at tMs disA^am vdiich says 'hey are pum inr all
the v.ells, and that continues till t>io next note or: the bm4>.
Q 7'lat rio you iT.nt r-o to eay?
Q I Want you to aay whether that ejuu£.x*u bhou . film';
off in the tunnol ayfitaoiatic&lly or reoponding to the ] jump-
ing and not }3um,>ing,
A Vron July lb to Jauuaiy fj— —
Q But ;ibove t^ut is the Sun Antonio Water Comi^kny piasping
HaokcU rell No, 2?
A Yoa,
Q /a>d you say that continues until the next date, and
tliat itt 7)*iat date— iiarch 20, ana t};at would continue acccrd-
iiV^ Lo the note on your diu'^ram to July 11?
|y[H. BRITI: Let ao agi.in call your atx,entioa to the cir-
cuBUitancd that you are refsrri^ to a dia^asi which purports
to show the -ise and fall of water in HallBian Wei. No. 2,
wliBrena in the >/itnoHB*B ezaiain&tion where a parallol is
dr.'iv/n With this diagram bofora us with exhibit No. 5 and
exhihit No, 60, or water jumuin..'; fi-on the tunnel; and 1 tnink
the continuity of the vitneaa'u story is shewn on exhi>^it
3 («nd Ti OKiubit Mo. 60. boUi of ihan purport to shew ths
history ui the wat«r di8char.>-e from the Mady tunnsl,
UH, C'A^lilAN: 1 say this diagrui shows the datoa in which
he aaya, or the diagram says, a certain cornition of thin a
existed, and that it continues till the naxt nets.
MR. BH^ri: I dcn't knuw wliethur the dlaeraB »•/• ^^at or
not, l)ut, I thxriK It would contribute BOriewliat to the faimeufl
of tho n&rrativa, if the vitnasB continues to talk ^cut
exliibit .hre<3, or rathier the water froa the tunnel, riuther
than to switch over to "..he flow of water in Hellrjnn well No.
2.
MR. C':;M>;:A1J:
IB Don't yyu reB^anber when Mr. fri ;Jit woa on the stand and
this diagram w?.a introduced, thf^t he e:q)laint>d what thaoe
uurka on tho Aiu-^ttm si^rnified? I wasn't t^J.kin'^ to the
witness * out the ffact on tho ^lelL n v.-oll, cr oil No. 2,
or the Artooian well; but thn diaj^rain wtuch is 8U,j osed
to h&TC boon rmde a, fro-a oxl'iibit three ohovrs whFAt wells
vrurtji ^lua.ing and l'rtr> vhat day to i*iat day.
MR. HRirr: Tlie priaary etidenoe is ejdiibit three.
Mi.^, C lARiAN: i knew v. is; and I called oia attention
to tho diacrati that he ' os ot u. here, I* ricea not corroo-
pond with exhi it *.hroe,
MR, BRITT: That is « difforent prooositicn. If you
can show Uitt I have no objection. I thou<;lit y(u were pursu-
inj^- a historj' of t}« diachar^e vi me vatsr fron wiu unnbl.
MK. Cf.ABUN: I ari. Lot ne oall your a-tention to the
diofsTuti exhibit 6b again, and what it aays: "Shn Antonio
Water Corv.any pua ing Haakell Well No. 2,* That is on
ths date of ilarch 2l)th, 1904. The next indication on this
map is "Sen Antonio Water Coa:«ny pusi, in*^ well No. b," which
is dated July 12. IhuMximtlisrmtMrxia. a Jdne. drawa yToy
a£xlxflBxKBBi]U(/af/:wa](lff-.:aBdAacn8B that linaxjurexaeverakx
So according': to t?.iB diagrsn and the explanation by Mr.
Wri.,}it t}« Haskell *eli was iJUHj^ed continuously between those
1'^")(i
as
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
IS
19
20
21
22
23
24
25
26
27
28
29
dateB« Now I coll ycur attention to •xhibit No. 5, fro
which this exhibit 3fi wub conpiloa, and to tha fact that
that ell was not puoijXid continuously batween thoM dataa,
A:
I didn't Hay tliat e:diibit 3?^ bo statae spacifically.
Q And I didriH aay that it did, I aaid t>^t Mr.
Wrirjht said it.
A ]J!r. ?7ri?Jit is the boat, evidanta on that point and I
nia&t docliy^e to add anythm;: to that,
Q Didn't you toll ui.« in your axwinaticn f/^at you helped
const n»ct diai^ran 56?
A Froa the tine I cctoc in+x- the euit,
Q Ifhon wea that?
A July Vj, 190^1.
Q And you wore testifying and givinp year Oi.inicn aa an
o^rpert that tho pumping of theeo vella north of Baae Line
afffctcd both the tunnol gnd the watera on the e at aide.
You were not t atifyinji ''ron thia exhibit three, ner^ you?
A "ertainly I wsa. TTjit haa all been a*oi-n to by Mr.
UfireVi. Ha waa hore on tho st^ind and teatified that aa f^^r
aa hia -ortion waa concamed it b accurate.
Q Did vcu know what he teatified'
A I waa here v?han ho toetified .
Q rid you know v/hat Mr. ^ri^^it taatified'
A I wca here vrhen ha tontifiad.
Q Do you nsraember Jiiu explanation of thia exhibit ac?
A Yoii, I rumoraber 'in expl«net-1 "^
Q I Cfili your attentirn a^gain to 'he fact that according
to exhibit throe the Haakell well waa not y\m^>€td during tho
tine ropraaoniod here. Mr, *rl tt aai':' when thara waa a
> i
B
9
10
11
12
X 13
«
z •- 1-'
_ X I ^ ,
' . o 1 c
a -I £ i.~>
^ o a
17
IS
19
20
21
^2
23
24
11
28
rourk ncroBB hero siting that a conditicm of lhin,:;H existed,
it rontinued till tn other note was cmde, and thiut that vai
true with th3 exceytion of one place whore for a lon^ i^ce
of tide it said thoy were pua^-i/ig und tiiat he Know t,"ey wert
not piuttjiin^^ all the tinie. That was not this s^ce*
?,fR. Tr^p|>^T.7j,: To toetimony was th&t in a certain Si^aca
of tir.jf; iiULie oi" uid tir-w there ireun't .'.uy ^>umi in^. lie did
n't 3ay all the tiao. ie aaid scuA of the time the i^UBi>
wae broken dcr?n.
A If I ' od f.\r. t'a t..fii.iaor.y before lae to rafreih ny
nemcry- —
C p,-r orr.^ in r:- Hfo T ,vn ^sHir^r the truth w^i«n I Say
ho dio Kay tiij;t after a not-o on ti:ia ahoet the condition
existed till a new not© wae rjade,
A T^io^i if lit fic stHted thr*., there is a^parantly a wxs-
t ke, c^nd tr^re is .^n error, ( . t..o> sto^jj^ pum iii;^
t})e Hnskell \7ell No* 2, acccrdirv; to this exhibit throe,
CT, the 27th of Vchr.:nry, 1904, TJo Haskeil jteil No. 2,
kn-vci ua ^oll No, o^
C I/;t iio ask you for your infonattion of exhibit 5ti, wliat
Oil s- V these no to a nrrk?
A Tu .irV ttio rise -nc f^ll of Uio ^Atur in Artesxan
(loll no. 2 irri Hollnun well No. 2.
Q But hero in tho center is a line dr^wn, "Tcp of ir<fi
25 ihsir.rr of oil," and acroas tli/it. line v.^co o w i
ifferont g-oupB, for inat nee, "Stin ^ntonlc "i'ator Co. . an^
ot p'lH^i^Tg,* M .'. do you urjd5rot:rxi *.):u' Muh is the in-
orciiitii'U Uitt WW are j^iYen fro; •^.xb ^uxu^. wnoro Uiu San
ojJnttTiic Wator Cor any is not pi. , and which *8 about
io yi
»H
3
4
5
b
7
8
9
10
11
12
13
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Jattmry 9th, 1905, to AajiBt 16th of tho mm ye r?
A '.Veil, if Brother Wright had ■aid "ceasad pum^ injg" it
would },avo conieyod tho fact a little clearer and it (ontj.n-
ued then till they comionced pum ing.
Q You hftd come into tiia cat* wV>.on Uua nouo herv wrb made
of J4nuai7 7th or 0th, 1906, and ^vu aelped >^^' caoviuct
t! io dia.f^r .n frou t at time on?
A 1 holped to acquire tho data.
But you dian't help conatruct tbt» dia(;raia?
A It waa platted by Ur, ri -nt'o aoeicit'inta in hia office
uiid .0 checlzod it out from the notee.
Q Do you know thwae ni/tea Liean?
A Yee sir.
Q ilTiOi do they a»an?
A That t}iey ceased pi«Bt>ir^ at liiis date given >iero, vhich
is Juna/jiry 10th, and Uini tic cooBMOced pum|/in ; agfun cor*
Udr\ v;eliB-— No, 8— •Sfin Antonio Ct^.ipany pumi.im'; v.ell No,
8" on Au ymt 1ft, 190r), aiid then that vaa all apj»ar©ntly;
t}i'it they ]}UH|;od until Au.\iat 2«id of Uitr aaoa year, and
then they puoqied one, six and ^ight, eiid the next day they
piaB]>ed one and to, and the next day after one, two and t^iree.
Mid tiprmrently kept that up until <,he i;ith or 14 th of Suptom-
her, nd they u«jm,'6d ono, two, three, six and tti^^t, and
cont nuod ttmt on one, two, t)rce, six '-nd eii^t,
Q For how long?
A Ontil the 6th of NoTeaber, 1. ;xbit Uo« j «.U1
tthow it aore definitely or in det-iil,
1 Here is exhibit No« '6» SepunMr iJ^Ui u.\tfy uion't
]<uin]j .ells tJ^iree, four and five, did they?
I.
J
A T}iey are not recorded on *J is,
wo^is^^^^^i <^i^ ^'^y in Saptoai)ar fint piaip oitbar of thoM
A Ho re. On the Z5d 'hey were iJum^ in^>
Q «hat weiia?
A >'ellB nuBber one, two, three, four and oj;-^it.
Q For one day? Isn't tJ-^t ao? That vaa on xio cjA7
A I don't think it a no, IVey iroro pum,.inf; on the 2od.
Q Tiien whan nert die' thoy pump?
A They nmy hava piim,.'ja .^rtor tritil — -
Q fihon next dooe this exhibit ahoir that they puH^^d?
A On Uio .50th liiere waa one, two, three, four and eip^t*
Q For how long? Tliat was for one day?
A Ono day i» recorded hare,
MK. BxJTx: Q Doea that say one dayt
A No, it does nut* It Qioaply says on thie day they
wore ^^uapineSi but it doea not aay Uiey were not puBj
after thiit*
Q "Blank, no observation."
A T^iht (ioon not t:«aD there wam't any
Q Ko% do you know there was pua};injE^ or net ^f ti.urc *u&
no oboerva^'ion? "o" as to wuirs aeans no water and tib to
woliB r.jeiina not bon^ pumi/ed# The 'X* rnei'iis beim^ -uxa^»ed,
but no mdasuroaint taken*" That sheet, as it is descnVted
here, blank moans no obaenration taken. At none of these
datou iiaiiced on this diagram .'ere, from ^epioRiber 12 to
Septduiber 20th on that dis^asi is left as thou>>i no ohsenra-
tion }iad been taken.
A No sir. Ab vo tj.io on April ibth there is a statesMot
mde thvit iiie v. ell a were being pumped bat the weira were
1
tU
1 btiin^^ pumi>ed, net it vm ispoaaibwU lo ckike an obMrvatiun.
2 And tlidt rmy have been the c«Be and proVubly vna on t.sjxj
3 other dryB,
4 Q Was it the c&sa?
5 A Tfial ti^.ey were iochfjd?
6 Q Do you know t,hiit L.jit lu -^^le) ex^jlariat.iou?
7 A I kno^ Uvsit many tiiaaa L'-j^y »f«re iockod.
8 Q Do ycu knofw that trif.t .all oxi)iiiJ.ii iii'j ijapa in thie
9 ci.art No. '6'^
10 A II* 1 iMui Mr. R:jid'5 ori£;xrial aa'oee •^\^ch wera irjl in
11 hero ..hon he watt here en Ui'i eUinc, i foula ananer that
12 bot-.r+r. If I had ju^ v.ritt«ti not«B i cwu-t.d uhon juu aiactly
13 .?}!at he Bay 8.
Q But you hutn't oo'thcc
A I ba.ve igu - Uiw.j, Lui i.. ©J fti^j ijii Lcd yjacjoiea.
16 Q But you bivnH fit th«*!n )cre. On Jonuary i>th, 1905,
17 you 8By t,>io pou} 8 did coaiie?
18 A Jaixuaiy I)th, 1906, two, three, j^ ui ^it! ua jit ware iiura^>-
19 ing.
20 Q On Jeaxiniy 6th tlioy oe^ad ihon, vasn't it?
21 A The 71ii — nc, ukq- wara j*w.'infc5 ^^ ^'^^ ''^*-^ •'^d the next
22 daL > cuoB tc tiie iOth. I praaoaa tray ceaaed.
23 Q Didn't you taat^iy in your direct ax&nunaticn that they
24 did ceiiso ;xj\A that thoy didn't caaaanoa ag^an t.ill what date?
25 A On July lOtii or 19th, ^oll No, 8, ia t e first tiiae
26 thby be^un to puMp batvaan thoaa Vmo dstas. T) at xa the
27 firot obaorvation a hiul,
28 Q Didn't you teatify in your direct exMoination that the>
29 did CfMUd on January 'tii, i^^Oi), and tliat then the water
m to r ise again on Uub uiaf: r
1'J .
1
A That JLB correct, at i'ar aa I kno«. Q Then this exhibit
2
No, 3 shows between those two dates the aan blank space
3
with no notes at all that it does in the ,jlaces to which I
4
csllod your attention before? T»iero is no difference ks-
5
in the not.-stion at oil, is there?
b
A No.
7
Q ^liat, is ^he riist-ance frorri the Haskell -fell and these
8
others, ono, tv/o, three, four and fire, to well 14?
9
A I think it was testified horo to be tkout 1300 tc-.t.
10
Q ?r»iat do you say? A (Scaling: on ibsj;) Well No, 14
11
to well Kg, 3 is 18 inches. That would be 240Cj feet.
12
Q How far is it to the Haskell wwll from well No. 14?
X 13
■1
A Kbmt foiJr*.©f%n inches, about a Bile.
Z ^* W
= « 5 - .
G How fur are those wfills, t> o Haskell ell nnd the well
* ul "
a-. £ l3
a < u,
<§2
^:-i6
No# '6 thot you hav6 juat luoaaured frou krteai&n ell No, 2?
A From well No# 3 to Artesian well Ko. 2, 2700 ftet.
17
Q And how far fron t.ho 'ftskrll -/ell?
18
A 3600.
19
Q Ho^ far is ti^e iiaikell well frai tho Cucaoonga S>irii^8
20
at t>e place titat ycu ^*v a in vour aind?
21
A Soa9?rhore in :Jio nci ;iuuri;ood of a mle.
22
Q rid y ju raa^sure about the Haskell well?
23
A Yo£ air.
24
Q Ho f r Traa the hono Stiir voile and tunnel t-o the
25
^ucainon,'.:a Sprirj^u?
26
A Abcut 4fl00 feet; nhnxt tlie ssflB distMnca.
27
C How far is it to u:.e our.nr •rell on the hone Star tunnel?
28
A 4/)00,
29
Q Ji'^ fa)- frai *h Cucamon^'ja S^^rinf^ to the wells on the
:5>-€icre tract, tJiat ii No. 7 find 6 I balievt?
A You wtnt fron the ^luMMQQga Spring!?
Q To the 3')-Rcro trart wolla.
A 4200 ffjet,
Q /'.re those vrello aII closo tcj^etnor, five of than?
A TtAi is what Mr, Stowoll t- stifled.
Q Are they all rloae to ^ethor?
A Tiiey hiy ^i i . .Ihi:) 400 T^et. Tbosi nn uhc u*;ll8 on
iJh.e 5:>-HCr0 tr-f ct.
Q f'ow far is it fron' tVf; Ouc-nor^, Jnrlrrs tf> will Vo. 14?
\^. BRITT: Q ';?h«it :;re y-'.. o .n.,.r • •: ; fr': .f: : ^ ^:, riP'Ti?
A I Mia rje<i8un>!g fro.:- the box nt Mountmn Vio« hoteU
MH. rnAT>:,fJtN: Q ahere Ifi Iho :)Oint o" divjruicn fro.i the
Cuc>ijaoni'/;a Crook?
MR . BT^TT: Do you want thf* Ifo-inch pijtlinu?
UR . C 'AF'AfJ: Wliere the Cue auoi^s Sorin-^ tit the pi|>eiine
start ,
A Ri -^t here it is. T^jere is a difference of over 9u0
feet in tho northwo8t«rly dlrectiw, in Vo direct direction,
wiiich vouid mrIco a difforonco in those ae'-SUi-erawntB of 600
fftOt,
Q '^^lich ones?
h f.,.v r^en I havw recently ^iYsn; to the different tfells
in tho »6'i-acro tract.
Q But it vould have mo effort on the meaiurtinents of well
No, 14 or Artesian well No, TT
A Ro.
WR. BFITT: Q Pid ycii raeeovre all froa *he saro ].oint?
A Yes sir.
r"''>r5
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b
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< i "
Z °= O 1-
M ^ i 1.-5
.n < jji
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MI^. CHAl^WAK: Y^u are miit'tken.
A I uiKieratood Judge Britt, if I njade the maaBAroment
of tho SprirL-8 froia the aaoi i>oint,
Uil. CT^/iiNH: You ■•aaurad thoae on the weat eii a the
a&i'io hB tho oust aido?
!.ui. CiiAPuAJi: He uaaaurad fru.. -oil 14 on Uio aaat oitia
MT(i from Art«8i«Bi well No. 2 on the woet aide*
Q ^it is '■Atjo (iiutujicu iroiL the QamuHmg^ Springa to
.Vrtofiitin tiuli Ho, 2?
A About 5700 feet, between thet and 3G00 foot,
Q '/Thfit Ifi the cM^parative • ievaticn beivean Artaaian wall
No. 2 arid Cucanonga Springe?
A Juat ab-vft tiio Springa tliere ia no ccntuor axactiy-—
tfio c!ontour that touchoo .ho Springa ia 1280 and tha contour
L>iut touchoi; Artoaian vaLl No. 2 is 1*110.
Q t-'JL Ui8 auf> ^ < ^ 'ttlx 14 is ♦.hat?
Q No^s the depth tc vriere Uie Uinnel cuta tli6t is aona
i/^ierc Acuv. 100 fjot, ian't it?
A Yeu, Aitcai&n doll Nj« 2 la at ihe button of a ahaft
whicii xa (>4 foot d ^op,
Q 3elcv tilt, {iurf^co?
A Yos air.
Q I;i t!mt to (» added to the eiaTati.n that you ^va?
.\ Ko. Tba'v ulovuti^n tfiat I ,>vo you o .;1it to ba tha
eltdvatinn of ^ha surfaca, and tha vali No, 14 is ^he eleTa*
ti::n at th^j aurfaoa and not «hora it n cut off m the tmial.
Q Y u Bay Artoaian well No, 2 hai a aiiaft Uisre of what
dopth?
1
41
A My recollection is 4 foot.
Q Doei '-he water overflow t>here?
A No sir*
Q Hov far is the water fr«a tht bottoci of ihc s>iaft?
A It la according to the ^\ju^in: dona by the waliff knuve.
Q I am Ojieaking of Uic norr^ai iefei of it,
A I donM, raoollect,
Q Before the a^iaft waa put, riov/ri thero it ^ac atfLnriin^
near the surface?
A That was before my tiiae, I don't >:n...it ai u faet*
Q What obHervationa l^iTe you aide in that ccciicn of '.he
country fror. wijich yuu aacert&ined the trtna oi -l.b unaor
fjp-ounri water?
A T^te davtdOiJBBBts in a Baaaure incicate ^h^ * rond f the
undorgrovind water. Mao the aurl.cvi ciuuliu^ . ouxa in a
ueaouro indicate.
Q la tl'iero roore tlian one airfaoe chajwl in that section
•f tho country?
A Oh /CB, thero is a number; mom aaall cuod soiob large.
Q "■.ere ai'e the jjrif;ciiJfil ones?
A T})e prinuii>&I ohannel is Cucaoon^ Cretjk, ^nd that
ke«j>8 to«;ether in one c^isnriol for some distance down in a
Boutheasterly direetion, uooe little distance d9 0ve Uie Rsd
Rill it breaks into severcvl chzionels.
Q On tno aurface?
A On the aurf c ; a nunber of then cvjoung- — in fact the
rAjority of the channels sees to tgfi towards the south-east.
Q And sc>nie uf t^.ubi towards vhatT
A And I Uunk sons of U;a« teamrds tl^e scuthveft*
1'? \5
Q Do a^w/ of Ihem conf from tiid wtatviurd of the itod I! ill?
A Well, the whole country ih»re, there is decicedly a
trend of some of them west of the Red ill.
Q Did you evdr know that country when there wee a living
Btreazi flowing;; fro: the CuceaMiBa Canyon to the west of the
Rod Hill?
A I did.
Q How long ago was that?
A That I dcn*t ronem' er. I cem't cay ponitiTely on
thut laatter.
Q Pror.i ycur ohaerfation }iave you formed any opinion as
to where Uie «Lter dlTioee <uid flows part to the east and
part to the weet?
A Somei/here north of Boae Line,
Q And whereabouts on tho Paao Line or nortji of the Base
Line?
A That ie proi,ty Imrd to indicate exactly. It ia prob*
ably not foarther than Uio firot tiile nortJi, f.nd porhapa leeo.
Q How far is it from the ncrthcrn boundary of the Cucu-
monga r Jicli to th« oan/on?
A I am not failiar with the boundaries of the Cucusoi^
randio.
Q About how far frcn th*se nort.hozn wells is the isouth
of tiie Cucaaor^ canyon? I nra oi/eakin- of this line of
trulls that have boon 0]vokQn of here as wells nuobor 1, 2, 5,
4 -ind 5,
A I t,hini; tni^t. uie j^^wsranent T.opogn,< icr. i r&p shows it
ibout throo sales in a direct line. Of rcureo, the crook-
ednoBB of '.he creek ui^i casks it nore.
ii-
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)W
Q If t>(0 too of the maj-> w«re noved far onou(^ norVh to
include the Oucamon^ canyon, about uora *ould thjit cn-or
the? top of Ihis riaj) or a atream of ater fiowirv-; froa it?
V ., BRITV: I don't ^-ot l>o crift of thia queation. I
A' aula like '.o know whrit xt rieana, "if *>iB c*a;' wera laofdd
fur enou!:h north to include* and bo forth,
I raefji if th«» riai) itaelf waro oxtvndad frr enou ti north
to includo the canyon within ita liiaita, ibouv «hara would
it onter*!*
A It would ba altogether ^eaa work. I .jrefar to hata
Q Dt^n't you kno ^ the direction of the mouth of the canyon
fror.i tlio '•■ar^kall veil?
A Sone h'-t northweiterly, according; to wy recollection,
Q Kron the Haaka 1 well?
\ Yoo oJr.
Q i)o you race 71110 thia blue line batwaen the eien^^a,
and wliich have hcen doacribed at raarkin'' the ccuraa of the
fltw of Cucwaon^a Crsak?
A 1 recognize thr.t lina.
Q Did ym ovpr aee the aatar fio«-.-\- d n I'-nt Line?
A I a^'iw tht water ''lowin/?, jraa.
Q ^-ooa thpt approxiaately ahow the flow of the creek
t! r cu !h Uiia -rwip herat
A Kviaontly.
Q ''rlLowin^^ that wnih i^ich way do vrij -o .,nH ^M^i n
the a 1 recti on to the aouth of CncMWupa eaaycat
A Northwoatorly,
; Your rocoliection ia thnt tha eao ih of tha Coeaaoi^
canyon ie to tJie northwsat?
A Northnveat of the H«jikoli veil.
Q And about now far distant?
A North of thu Una of this u^p to tha mouth of tho Cuca*
monga canyon, aooot/hera between three and four oilst. P^r*
hapfi a iitUe uore or a little loaa*
G About wiuro co you Bhy is tho Ifice »here there is s
diviaion of tho water?
A Wlicn you got vo tho Red hills— -you mean the diTiaion
of tb: *at«r8 of Guc!iaon5 Cr*}ok cxclueiToly?
Q Nu, Of tho percolating-: or undericgroand crater coning
from the mountain raa'^.
A At -1 o apei of the Red Hill.
Q »hr;t do yuu iridicate on ths;t nap as tho upex of tho
Hed Hill'
A Hore ia tho axis of it runniL:; frtxu Lot 6, uaHced lady,
and rumun ' up clo»« to S<»ction <1, and Cvntinuii^ Us out 900
f'let oant of woli No, 5* That is pretty near *> t' axis.
And the a^jex of fne Heci ^.ill, ahere it aeooui to distln^quish
frofii the jgonoral .lain, la eofjfjw^iero thia aide of-— probtbly
.00 I'dot southerly from veil No« 5*
Q After their diviwion it is your o.iinicn that the under-
fip^ound waters flow ;.<art of th.ea in a westerly and south*
westerly direction and the other in an e nterly nnd scKith*
o sterly direction?
A Tiiat jiS ny o. xnion. And it nay be that there is an
intercoomunication beteen the east cbamel and west ch&niel,
as far au ihe undHr)B;round flow is concerned. T dir ^'.deTa*
tivH is uib iiaBe and te indieations are from exliibit aiem
Ui^t since V::o dovolo^joonti on the weat •lae bava oeourrod,
there has bofjn a dearth cf ra'or on tVo oaat.
Q <;>uit i^Itl&II we unaortii.u/'j
'ii. V^'vi
n? Thai
;.cre la a
ba o ,>oo8ibility that there nay b« c^n unti -und cocaamica-
tion l)et .oen them, or Uuit it la y.ur Oi.inxon t>uit there la
Bucii a one?
A Tuaro ib noth ji^; in th« nature of the aoil to |irohi>iit
tiie 8U]j, oaitii-n t at *J:ere 'av be u pc-rcoLution "t'ror efiat to
noithcastcrly oi tne aat cr.urinel aiid northwe8t,arly of the
e 6t diamiel, and viiaro t ey meet toother ^nd go into a
cocmon undorgrouiici roiiervoir.
C I as/. yi;u 11" yc;u luOiJi i.e aliaii u;>derctur.c th^t it la
yi'ur opinion that here i& audi r isaojdiicution or U^at in
yc.ur oi;iniori uuth a Unnf; may t<. , uceibie?
A I Can't unowar ejiy oUier fcuy, and I d<r.*T, auaert it.
Q ,\jYi you itndLt uuaart thbt it la ycur o^iniui: t t auch
a thiJ3j5 oLy be, ana ... \, ^^ -a fur ac j/»)U ^joV
A Tliat is uB i'ar ua I dare t:o with the jmiuroLtion t.^t
i iiaVtt.
U X iftjit yuu vi-o rsjieat -iiiit _. u itve to any ribout the
cuL.^>ij:uualiou b<it«;eetii ^hc uixuur^x^^^na atera ahvTa t}>ia ^'Oint
•iiere liiey ai.ver^^,"e, on* v^ to the eaot ana u»e oi^er
to the «est*
A Tlie unaeri^'ouna *ator in Umt lium norUa ui the Uod
Hiii io €d\ accujuiatin^ rotoa-voir of the undori^^round water.
Tnero ia a clt&i^ of groao obote the Baae Lire vhere it b«-
cocjsa ieuo acuto, und U.erefore tha w&ta: r.ccuiiulatoa there
as it kl. uya dooB. It la thbn diatri luted lo the aaateriy
I
1 sido and, a.)jarently frot.i exhibit 11, a rmjority of it
2 BO diverted, and oQ:ie of it wont to tho weitttrly fide, and
3 it fleeani now that the larger ^yor'^ion went w«tt and the ■nai-
-^ lor j;ortion went eust,
Q Va9 grade of which you ajeak, which I Ad oocroased,
riOGB it fontinue to decroaoo f a you fo aouthT
A It ccntin'Tnn an n flr.t r'rr.do, cori.sred to tho northerly
f';r..d;r.
Arid at is the grade fron the Cucaioont'iii Spring! u,j t«
tlio » Qiikell '.7oll?
A Pret'.y near 200 f ot -m vio :::jLic,
Q And ft'hat is the ^^ade ^rora the Artoaiwi well Ho, 2 to a
point due weat fror^ t^e ^'Riikoli -.fjll^
A Thoro Xii I'cf) f. ';:. ai.i crone u i;; u;.u dleVaux .;!»»•
iO. ;;!?IT.': i x^ndoratowi the quoBti^n to !» to a point
dm .voaT, of trc 'laakail veil.
A ■■''■'■' '^'Ch auo /ost?
Q You lacacurod here tiio rado frot: th« HaAell well do*n
to the? Puc'jftongu S^jringa. What ia fhe tX^^de fron a point of
the RtLaj oletation from the flaakell well wwat down to Arte-
sian W3li Ho. 2?
A I'^ic ?^ci! Mil intorvf^nec and llicro ..ouid be two i^adea*
Tiitjre v.uuid . t>i^a< e — there *ould be at lef^at vhree dif-
ference Tr:dcs,
'^ Tl-cre rouldn'^ be three i:;;radet iTOtt Artecian well No.
2 ta a ,.oir.t north or. the aace elevation with Vf ^^akell
well, would there?
A ^oll No, 4, you get a grade betwoen t)ieia-—
Q 1 am not aaking for tho re>-e between them.
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29
ihiit 18 '..}]0 {;rfidd of Wiq country b«tveon Artosi«in woll No. 2
ruTlhward?
A About 120 'jr 30 foet.
To Uio liilu?
A Lot. laa tee* Dun' nit ^hr^*. iotm vet,
UP,, VMTi: Ib Uiery myhiiir %^ •. .; .\. . aL
norlh to tAm? Baao L-.iio?
A riT.thing '-.t t':<i cl'jv^ti .n of Uif. .?aLi. u^-. huvt an
Ui'. Ci V '0 'AlaVvwUsiii oiT Uio woii?
A r\c r.i.U. rf rh'j .-{■11 is •r;-k'-.', l-^tlO-— -uil \c, 4.
A 1410.
'^ ;.'ijcir.- a difference of 70 f<:'M.?
A Yo: ;.ir.
in .7hMt d'vi'tant^a?
h In ^VO;") f.^ot,
Can yuu teii ce fro . L:- v-ziuf.-** acj--. on that exhibit
oi\«> or Uiat i:o}>c LCf\i ni;^, in w'jAt directiuia the waters
on T.\-:.' GL^ejT: fii.d-"- v,i;.-,.\lJ fl. .? ir iurt. ■ mco tuo?
Of t>>i Re*J Iliii"
» C ■t.^r Rfld -'ili.
A i «ntrtrstv)od n^- ficjpeU ov*r '-U'- tfv»rfiiCd, .
I'j
Tc-.ja -.;w» V ii" -.. •' aurfaov.. ..« i.-l ii ^^i*- t^ii foet over
thv Burfaut?
A ie;}»
1 tIT {
Q At Vri&t lime it was not ronnectad with turmal Ho, 2?
A No flir,
ton feet above tha
Q f}ien t^o watar in that well
at
Burl'ftce of tha grou/icl lool wall No. 4, h#w ramy faat hijsar
did it BtaJid than the turfHca watar at Cucamorv> Sprinp;» in
olavation?
ME. BiUrr: May I imnura at what j)Oi,nt in the Cucaoonga
Sprin^B? The SprinRo ruach fror. near tii© Baa« Lina down
for ' alf a mile or Eoora*
MH. CHAR.AJ'^: Where they come out of the ground; ahara
tho watera were diverted her«»
!£<. i^HITT: Tho Cue iiaon^a Si>rin ^a, tha eYidanoa ahows,
include the oi«neg a *ind *i^at or^tk, und whareTer tha utter
roae on tho aurf^ca,
UR, CliiAI>.4A.M: D-iat is ao. Rut tha witneas knows wa havt
had und'jr conaidortition a point about vrtiich for \ho last
ton or fifteen or trfi^nty ya ra there was water fiowxn^ fror.
the Oiicftiaonf5'i Spring on th'? aurfaca of the fproiind»
MR. KIUTI'I And that waa a point at 'ho. extrumo lower tjnd
MR. CHAP;^AN: That i» exactly wtiat I want, I v^ant ihe
di'farsnre iv the elevation of vater in tliat Arteaian well
No. 4 wlien it atood ten feet above tho aurfare of tha itrrotmd,
as compared witi^ a ^loint in tho CuoMtangpi "f^ah at the Cuoa-
ffloiv'^a water a coiie to Iho eartfce at any time on earth.
ITH. BKITT: That it a diatanoe a lialf a nila up and do«n
the Oucaraonf^a waah where tho water cana to the surface.
It waa taken oiit at the haad of the dO-inch iiij>aline, i^.ich
wou d ho rbout tlie lowtat )>Oint »tiara tht- water Bi, eared.
i!H. ASKivIX: Anc th« avidenoa ahowa that tho point where
tmi
1 - I r^
1 tho wa^er rona varied at (Jifferent Una and at different
2 periods.
3 iU.* CHAI^: A'-: I would like nc have the witneeB anewer
4 m,' queati<n, re/j rdlesa of v^heUxur counsel ia eatiafied with
5 it or not.
6 .IfR. BHITV: fa want to know what the quoation n«i:nB?
7 KiH. Ct Ai^ AK: That iB eztxctly ohat it tieans. You know
b therti ia a toint lAiare ^hc water hte continued to riso OTon
9 .ftor the Y tunnel was raade, and isEued on the aurface of
10 t)ie round.
11 Q If you can locate that within a hundred yards I want
12 ytni to tell mo the difference in oletati >n of that point
X 13 from the watora or Artoaian well No. Jd idian it stood ten
feet above *hp surface of the ground.
A On plftiiitiff'o exhibit No, 1 under thti head of the 50-
16 ii>ch ])!]>• line, tho ci tour at ti.at point ia ii, a . Tlie con-
17 tour fat well No, 4 is 1400 f^ot
18 Q T!iori Uiere was a differonce in ole ration between thoss
19 two points of 150 f*jat?
20 A T^iere is a diBcroi)ttncy hsrs**»
21 Q Anawer one quest i<^n at e tisiB*
22 A I want tc finish the ot>»r tmewer* Hero at well No,
23 4 there is— -Mo, that is he date and here is ihs elewation.
24 T}>at ia correct.
25 Q T^ien tiie difference in elswation ia 1^50 feet?
26 A Yea air; 130 feet; be in - m fevor if the 3(;-inch pii^s
27 line nd (^icaLVin*';^ S|jrjiri^.
28 Q Wiat do you tmtji by ^>ein^', in favor? That depend a on
29 one* a t ste.
f '^ :r{
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A I laean tl'at it ia lower.
Th.tit IB i})Ai ti» tandcmcy w^uid be u; flow froa Arte-
sian well Kg, 2 to t^ie Cucamor^ S.rirvje at that j^o.nt?
A Yea nir,
Q Htilf -. mile aboye that poixil f.i.at ia Uio jiofaUyn?
A In wliat direction?
Q Along the line of tv** rid^-e,
A Alon^; the line of the channel, 1400 feet.
Q That «roiild nake tha waters atnndin : at Arteeian well
No, 2 ten feet above the -ground ton feet hi^er thun that
oirit which you noaaured last. Will you Bake aont s&rk by
which we can know v.liore Uiat point ifaa?
A 1I!00 feet almost r^ue south of the Sun Bemaidino BaM
Line, fron the center of Uic aast wash aa delineated en
plaintiff's o:dii' it one,
Q And t> e inclination i.f the surface of he r^rounc is to
the aoutheastorly?
A Tl-ie inclinFition of the chaimel is southeasterly— the
surface channel,
Q And 150 f < ot ^^ ^he mile?
A In half a mile there is a difference in ul elation in
tli'it channel in a southaastorly direction of between 15iiO
f ot at its lowest point and 1410 foet at its hi host,
Q That would be 90 feett
A 180 fuet to the oile.
Q T\'.Q inclination or grario n* the west«m si^ e from that
woll No. 4 I believe you stated was d>out IM f. et to the
mile to the south?
A I did n't nay anything about the grads, I said that the
I
1 .
tre.d of the) water wan southerly.
Q And didn'' you giYe m th;e ;rarie on that aide after
aome ccTieidoraMo talk between u a as to the grade of the
Ifiiid, &ccordin(j to the mclirihtion, w^iicheior way tJje ;raae la?
A l^SO fjdt to the aile in a aouth'Tly direction i^aain^
thro ^1 No, 4,
Q Did you t»:hc ti:o ••" !■■ Jt cuta 'Me co;;t,oura?
A Yuo sir; I took the c ntotr oleYationn. Here ia Idn
l6CyC} .^^^ l/L^^ ab ut oi^»t mchei apart, yx? f'ot to the
incu, *uicj: .iijuid be ?-400 f j^>t, r aetaiy - -i/ -ilo.
Q fUw fljich IB tliia one yiere?
A 1360.
Q And frow there to Uio X'*^, wuat j.» u;e distuiice?
A About nine mchea, 2700 ft>et, or a little < ver half a
Olio,
Q And the difference it Mjat?
A Ki{;hty feet.
Q And tliere *h^ inclination j.b alioofjt na;th lan't it?
A Alrioat Biju-n. That ia a hi^iicr .luce *^\*r\ *>:Oi « ell
No, 4 ia^ end they are not exactly in the ch. nnol, ao the
PTade voiiid >^ a little leea.
Q 'iVhuo pvuiu x'. bo from V.o well?
A To where?
Q doinj aouth w^iat wt^uld be the inclinaUon?
^ I have already anawer'*^! ♦'• t. I '! j ;' /e made it 160
f ot J easing Uirouf^ the well north um a^uth,
Q Did you haar the toatiAoi^y of Ur, Stowull tnot at one
time T^mn «n« o^ ' .'s -'hIIb c ■»>'A veet ai e w»^a •"♦ '"'o
thti tun el, Uiut tinoi.er well nearby Uie water etoud xn it
i
• - / . /
ei^ty foet—
A Differencd of «lofutiDn?
Q Yds.
A I hturd r.r: mni.o Uiat «tat«atnt.
'.i And they were not vjry far apart?
A Not very far apart.
Q If that wero trua could thdre liava been any cosiOLtnica*
ti< n or influence averted betv^on thu waters •^hich au lied
one of those wells and t,^e othsr watar suji/lyinw; tha other?
A I didn't Iiave an opj.ortumty to eXHsiiie those wells.
I heard Mr. S'.owell testij(y in th:e other ease iJid i/: ti.is.
But as I WiiM not on the ^ound nd didn't boo thf- wells and
he didn't describe ^nythin^'; bout the locai coitaxt,iuna,
either by tho bi^riii^ of the wells or anything else on eithor
occasion Yory minutely, I have not errivod at anv defined
opinion on it.
Q Could Diere be 'ry sud: anywhere as two tubt a
inserted in water that ^^eiaaanicried one ir th the ot! er,
where the water could stand ei|E^ty feet a^^r ii. one t.han
in the other?
A Yea sir; if the wat«r source fra. w^ich thev caias were
two liifferunt sources.
Q If they oame fra:i tv<o differont sources and there was
an imjieraefible burrier between the two there wouldn't be
any direct node of couBuniOtttion between the two?
A Mo.
Q Ihen the water stood 110 fi)et in tliis vreLl No« 4, ccxUd
it jjossibly hawe been nmintftined in that i osition for an^
cons.dcrable length of tiae with thtt tunnel near t^ it if
Uv^
dr nfi
jVi^
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cooQU'iic^* i; n >>«*.wf«n tbe ^wo'? I will rjt it n litt,l«
differ.inu. If * . u ire rors jun^C'.tii.n i^itwoen u:e
to?
A I ould Bay thni it. f ou^ d n*-!. I • c uld «ay Uat if
it Btood 8(
.or \: fan '-r.o I'lcr of
.UI'..M&i io v«.uld
cone fro." a differ'int atrata. The etidtinco ohowa thiit ih«;
well waa horod lo rrrnat dep*h holow fhe bottom of the tunnel.
If I roi?ioial>ei" ri , \. li m 460 f-^ot doo^«
Q The evidonce alo< sho e that a ahort tiino u'ter Vie
well WDB bored Mr, St.ow*>ll cut it ten f«*5t below the aurface
of i; ;_;rouiid, and tliul, uld i m. b'wjjui SO foet tibcve the
floor of the timnel. ^low, i; the ccurae of tisM la it not
your opinion V t that tunnol would hate taken th^» water frvu
that v/ell if 'Jiere was a corannnication batwoen the two?
^ Tl:e tirnnol v^ouldn't hate taken Vo water fror: the »/ell»,
but I think the wella would have taken the water trau tha
turmyl; btcauae tlio Uinnol drawa on the Ujijjer ortion t
t>ie aatur-ited naaa j;nd the well evidently drew on the lojfcr
portion 'nd by ao doin • it lowered the laturatod plane
above tiiat of both of *:'m\ directly, and in that way it
wou^d diminiah the flow,
Q In that f aae you would have to punp the wall?
^ I^ the well waa not flowing itself you would hawe to.
Q Hoff do you say tJutt in your o inion the piaiiirig of water
north of thia base lino tende to din mali 1 1 ^ water in Uiat
tunr\el?
A It reduced the elewation of the aaturu'-oa naoa and
thereby reduces the ht.id and the prtesura behind r^nd tho feed
to the outlet is diiainiehed.
I
!
Q Do you know how doep ihost veils U> Uit Borth are?
A I think Ur, Trask tottified to that h«re. 1 o.n't r«-
collect exac'^y wi;eir deptJi. Buo .^ x^ x.. •Tidanco here.
n JO y..u iwiic r'oxiuatttiy wbat Uio dopth iia«?
A I do not roccixjct Umt there vai ax\/ direct tutttic-u y
•bowing U-io depth of the wells, except ^ " f'"pth to water.
Q ijxd you uiaktt cviy luquiries Ji'.en you wei^ uaiu^ig these
inTestigatioris d/.c<;pt to fom an Opinion txs rn expert of
the probable e.Tect of these wells uf ' aecticn of Uie
ountry on «iO'her?
A I uade a good deal of an investi^tion of -Jr^e conditions
m thie jjarticuXar sectii^n of ihe country that would make
one well affect t^notiier, ?.nd uy recolioction iu thut I h*ve
novir b'^-on abl«> to ascertuiu just how deup those ^tells at
the north of Base Line are, thcu^i I oay be aou».i>u.t. in error
on that point. I roraeaber aek.n i'or timt ijJs.iiuu\.i^n a
fiX)<^ nany tirKj;;,
Tns tunnel No, 2 ia at a ,)lp_ce Trfiere the aurfi e cf
it not?
A Tao surface floor of 'xo Uiiuiel?
Q No, Tie surface oi -i^o grouiki wj.oic varuriui la con-
structed is lower tlian tlio place b otti. a:;. . ^iierc tho
wolis ara bi red?
A Yes uir.
Q hofd ^iid tunnui cuts it a hundred feet uuoer 'lie surface?
A Ycc air.
Q Then iiny vouxon't mj.^ tunnel draw uxu cauur iruii uno
wells instead of thu welis dr th? waoer fro^ Uio tunnel?
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A A» I exiilainBd before th« tunnol ia in the Ui^xir portion
of thA saturated jtmbb -^nd the welie .;o deeper «:nd draw from
a dee].>er aource with a bir'5';er head md a lan^ter dischar^.
I era taking; now well 4 ^nd well 14,
Q No. 4 r,n(*. ^!o. 14 both extond far below *h« floor of
thet rur.PMi, don't thsy? A Yqb bit.
Q And they are dmwin>; water f roii a deeper awirce thin
tito xcvei of ha tunnel?
A ito Gf'Ubt rijcuw that,
Q iVhy ohould Uie affection bo found in fatcr of thoie
wollo abovo, rnther thnn Ir fr^vor of the *M-^r.'.\ ind ths wells
bolow?
A V.-.Gfy both do the saniD daiaa{;;e. T oro is no question
rbout it in cry uind ^nd never hie h ;3n, ^'^ll Vo. l and 14
are aajn&f';ing the free flow thiit vi.& orig:.naiiy . •. of era
they were borao, the saras as the pumiiing of tlie wells above
Buee Line.
Q Prior to Jtinuury 1907 viore was no hilkiieaa in Wjat un-
nol was there?
A So I nr. informed.
Q And the vmters flowed fron that tAannel int.* the wa-or
th^tt taao up in th.e tunnf«l continually, '^hethor th. wells
/ere he in-'; pumf^d or not. Did ycu observe or t«ko nnv '^r; ms
to ascertain v/hen thoee wells were net bt;j.tit, :;um,o«. m .i c
water in tl-iat tunnol was flowing freely out, tVat '. lis
north of Base Line were of'fectod at all?
A It as not ;'OSBible to do so, beciuou I didr*t Iiave the
power, authority or api;aratus to shut My Uie wells below to
see the effect on the wells cbcve, or in any way Interfere
-vith the arran£rea6ntB of the San Antonio Wator Toci^^ny,
or whatever com any waa o^eratirig 'h difforont walla, and
I liad to tiktt ray obBervati na fro;, the circunaVncee eur-
rcunding,
Q If I ERt not uist ken, ycur ejchibit tiiree ayiowt that a
very conoidora'nle part of ^he time the wella uYtoye Baae Line
wore not heinj- operatea?
A Trie re '#ore tiaea .vh-3 they were net oporatin^.
Q And fcr nan" daya tojc^tVsr?
A YeB axr,
Q Did yc'U atteawt ,o make any such obeorTationa then
for he iJUTj^oue of aacerUiirur^?
A Yob air, cert&iniy. We kept tao on zidj ci'-!Vativ>n of
t}iu water in Arteaian well No* 2 ^hich .rollow6»c up and Qom
with tlie pum,^ing or not i^ua^inc cf t>,o wattira.
Q And that ie eiJii> ited on diJit^'am 3B?
A Yos air,
alac
Q re Iiollrvin wfell No, 2 yuu M^aaqpa, kn A tab on?
A Yea air.
Q How do you account for he fact that th^■ Hellrnan wall
vaa affociiad so mucJ^. raoro aericualy than Artosi-.Ti .roll Mo, 2?
A I account for it in t./o waya, in .i:e ixmi ^laco X
understcnd tiiat Artosi n well No, £ ia IX)0 fuet deep, and
tha HelluAn well No. 2 ab</ut 500 foot dt>t^, t .o difforonce
in depth would zuaivu uuuu difference. Also, the cunl^nuuua
flov; of No, 4 and 14 and ot er wella in tho Xudy tunnel com-
ing off of 'he 90-acre tract, would tend to aaika the iAilaa-
tion in Arteaian well No, Z a little oore renounced than
in thu Hellr\.n well.
i
Q How far is re Artoai n well from the tunnel and froa
well Tlo, 4 unri well No. 14?
A GC'O a)id 90(t t' et reapnctively,
Q c fur IB the Halloan wall No, 2 fror.; thoat weila?
A Hallnan well No. 2 io diaUnt A2£iO foet frotj well No,
14. HelLtKin woll No. 2 la diatf.nt 4200 feet frora well No, 4.
Q Thtt Rod Hill intonrenoa l-etv/aan lii© Heiitaan well tnd
valla No, i and 14?
A The Red Hill mtervonoa,
Q 1Xirin(-s y-ur obeorvaMon xn l!i/04 and o dio you ko^ tab
on t]io Lono Star woll a nnd tunnel?
A Yob air, I would wiah in tliat 'onnftc'.iwn io aUito
that Mh«n you asked tie thia :iiomin'; if juoi »/a had done ao,
Uiat I BO i'iBtructed kr. haid, and that Uiey alri .« on exhibit
3. I Uiou^it U.oy dxan*t, for the rwaaon that 1 alwaya
called that by the woir aunber, ch is No. &, and not by
tliu local nuBB of L<)ne Star, :nd it. ia the No. ft and it was
caDuaurtiG wi./n uqu^u jiyorciatont^ ana .^n oqu^i nuiober of timus,
generally ajjoaking, ai the ot era; and i meaturod it ■graelf
wfaan I was there,
Q Are ^hoao Boesaremanta inacriber on exlutit Uiree?
A They are macrib jd on exhibit ihree,
Q Did you keep any obaervationa or oak** any during t^.at
tint on w>iat was known as the Old Settlera* well?
A No thnt ia north of the Base Linu anJ e at of the
Haakoll wuU.
Q I think y^u are raiattiken ih uut Uic xtiation*
A X know tt9 me aured 'jverythir^ in ai^^it Uiat wa could
get at. We never went eaat of Heilnan avaaua 4.S deiineuted
i:J-»l
oil this map.
Q
How f r are he
Lone Star wells
f oa
the Wellja' n
«eU
Mo.
2?
A
Bctwoen 17(.'0 and
1800 feet.
Q
Arid in v»)'at direction?
A Northenaterly.
Q
And the Hellman
ell N«. 2 IB norM»
HB-criy?
A
No. The Lone Star ie nor'heai»t*irly
of 'he Helliiian well
Mo. 2.
Q To ^'Mc>l one of -^e Lone Star welia diH yt« refer?
A Woll No. 6.
And ^ore. bouts located?
A In I^t 11.
Q How f r from the Hellni« well to the Fiono Star ell?
A 1950 fo«t, Botv/oen 1900 and 2000.
Q I no ^. ice awell n»irked "Bast Hcllnian v,all," Did you
fflftke 'jny obaarval.ion of tha^ well durimj 1504 and 5 in this
case?
A That wall is wrecked and obrervntions wero iot'OBsib e.
Tho shaft is broken.
Q Was it wrecked durin^- ».ll tVjtt tin»?
A Yec air; and I think it is probably wrecked to-day.
Q vhat is t)ie dist nee from the Lone Star wells to the
wells on the 3'>-acre tract?
A 'I'tell No, {> of tJie Lone Star is diet nt. from well £ on
the 30-acre tract botw on ten r^nd eleven hundrod feet, and
between fift an and nixtwwi hundreo feet trma well K on ths
3f'-ncre tract to wtU 6 of the Lone Star tract.
Q And how far froLi the i»elis on tho ;^-acre tract lo tht
1*^S2
Hell »n =foll?
A Vhicli .veil? Well E?
Q Both of them.
A Well E on t e ;5b*acro t ract ip ditt.nt 2400 feet tnm
Hell lari v/ell Mo. 2. Well 6 on the ^.>*%cra trhct it ditt&nt
frOTj the iiellTAn «r«Xl No. 2 b«tw«en 8& und SS hundred feet.
Well I on the &^-ecre tract ia diat-nt froc Heilxu n well Mo.
2 b9tween 5000 aiid 5100 foot. Well H on the a:>-acre tract
ia dirt nt fro?? HolLnari well Ko, 2 between 2900 end 30('0
foet. TiiOBo are blX the well 8 on tho 5J>-acre tract,
1 believe you Buy tb'.t you made obacnrationa and tabu-
lated those obBenrationi on eiiiibit three of those welle in
the 35-acre tract?
k Wo, Wc Liade no oeaaurenentB of the veXla on the 5()*
acre 1 rsct, eilJhor directly or y our aaaiBtar.ti .
, Q Did you nake any neasurisiaontB of 'ha anount of vater
fLovia; froTQ those wella en the 51)-acre tract?
A ho Bir.
Q l)idn*t 7GU make- any raaaaur nentB at dl?
A I rude no r.aasurfAientu at hll for the rei:aon tiiat there
i.B a diTido between tiiera and Hellcmn well No, 2.
Q Vlvit kind of a divide?
A X ])reBiXT)e tlu^t ia the rouacr.. 1 dcn*t «aixt to aake
tliat as a ..oeitivo atataosnt.
Q There is a divide betwoon Holloian well No. 2 and 4 asd
14, ienH ♦hore?
A I Hf.i not sure. 1 find that wa zaade aoaa naatureaenti
on weir 6 t'^bulated on plnin'iff'a ejchibit 3 and that that
well was —
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Q Did you nuke any n»a«uree!*)ntB at. weir 7?
A Woir MIX and weir ae^on both,
Q What water die Ue "i -ir leaaure?
A Weir six a» Burcd ihe ;^>-&cre weiXt 'J^«n puc^'od*
Q And vliat vouid w< ir tieven f leaaure?
A When they W9r« not uurap^d, vban it w&a no* n^ oy ^:^viwy*
Q la '.hiit he saae wei il Sio.'dli referred to at he
touth aide box?
A Thu'- i ui-ii'l Ajuw»
Q You h«4rd lii« t.eatiLi^ ay n Uial eubject cad you not?
A I heard all hit teet>ii:io7iy, but I d.r.*- ri Uy reir.«iaber
thrit va^^toiiil point about it, ct vul tiiu :a, uu. i;iao bux,
Q Do you know uf k riwuBurirv, ^joint by that ness?
A UnleKS it in •^ho Old Settierb* tuxjud box, which wouid be
on tht. east ai is,
Q Of .vUt?
A Of Hcllr^«^/t r vr-nue and i^outh of Baue Lir.e.
Q Is th it UiL btujj i^lace thiot you referred ^. tis weir No. 7?
A Marked eir No. 7 here.
Q How ftir ia v»e.ir No. C frori weir Mo. 7T
A Abcut 11 or 15 iiVJidred foat.
Q I bolieve you axjroaacd ;h» Oi>inj.on thit Vne ^lui^ping
of theoe welia north of Baae Line affected both the water
in th-) tunnel No. i. <!nd T<ell8 Ku. ^ and 14, and alio the
well a on the east ai e ef Hellsian avenue, No. ?. for matance.
Now in wtiut rajnor la it thut yv aay in year opinion ti.ut
that influence wae excrtodT
A IIv 3i their t}i<. rater fraa the ui -nund rttertoir
iiTid rodui iii^ M J -Luuro eiiU lowering Uio h^arcuiic her.d.
I
WWJ Is it your opinion th.t not oil of thota bienegiB,
■trearja (^tv*. wells are wp iliad by the mount in water nhtd
fro.a the Cuca.. n ;; run.;e?
A I don't MM any reaeon «hy they ehoulcl not. It ie r^
Ojjinion t}at 'hey are,
Q Do you 800 any reason whs ti » a>iouId be?
A It is quite a productive water ehec and a gsod iteep
water nhed, and would oeliver a con8idera><le run-off.
Q You probably ciisundorsoood t:: question. Do you tee
any roason to believe why tho .veils or stre^ins or sienag&s
s>icu d be or are supjiliad frau any other aoui'ce D.ttn the
Cucainon^a water Bhed?
A I see no reason, but I wouldn't want to he understood
as aayi' r- that there fsifrht not be an urjdorfiow f rorji sobm
lOint further east or further v/ost. I have taken into
account t,ha water shad of CucaBOoga Creek as far e«.st as
Deer Croak.
Q But while ycu don't undert ka t<^ say that iL is not
'Oasiblo that there luXflit be sorae acceBiiion frorj sot^te ot'ier
wcter, you have no reaeon to believe that it is the case?
A No. I nave heard of a tradition, but I don't know
hov ouch hore is m it, that would indicate that there was
soae water coning fron some ot^er snirre,
Q If those waters ai'o ail niuving in c ntact, v/hy will
net my subtraction froa it by any ■eona, by aiy of those
wells, have the ssMe effeot that you speak of in lowering
the water?
A Pro ortlonataly hey will.
Q The wells north of Base line, y u dcn't ias^ine,
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affdct tho country m any otiier way or r«aton than the eub-
tr&ction of 80 nuch watox* from the water plane or ^ho aatura*
ted uaas?
A I don't 060 how tboy can afftct it any other way. I
would wan*, to kno-w h v you nean; in vr" at othar wny?
Q At I undorsto^u y^ur 'insKcr, i v.ulk ^ . . >
wiioevor bored a hole ini.o t^mt »nt - nnd }un ed, or
if it wao artesian, if i' flowed, thor?; -..ouid be t.hat audi
BubtraCtod from Uiu ,aii .:, . < thut ejctem. ^i-uld
lower the water,
A KcrtJi of Base Linet
Q Anywhere.
A That is true.
Q It would nake no different o whether it «&■ north or
south of BttBe Ijina vuuid it?
A Ho, I don»t believo it would. Ti.e effect would be felt,
i', Ae & Oi.tter of fuct, does the ^um. in^ of any well >iaTe
tlwit effect Upon tb < iwiu aurroundinr; country?
A As a BUitter of fact the pumwing of those wollt has th 't
effect on the south and north country.
Q y u any you don't raiu vhere 'he Old Settlers* ell is?
A No. X failed to locate it on exhibit one.
Q Yv u think t)ie pun. in^ below the Lone Star well and the
Holl-jan well No. 2 nnd the wells on tho 3:)-acre tract do ha?e
a tenucncy to l09/er the aacunt of uater in thu saturatoa ^^i
A r.'e Hoiiman well is not p«jini.ed.
Q Is it Artesian?
A There is no flow to it excaj)t a Tery BjLi^;t mount now.
But durin j our obaerTations it was below the li^i of the well.
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T.e.e iB a shaft ^13 feet deep and Vien t>>ora ia a dr.ven woU.
Now the water was below tlie liu of that driion well and did
n't BUi ply any.
Q DidnM, Bup.ay any?
A Didn't 8U. iy any overflow or ..un,. flow during tha Ui-
I >\ad cognia Jice of it.
Q Anv use Eiade of it at all?
A Ho Bir, bixauBO i' dooa not ruise out of ^iia i»*ll.
Ju8t at the last Uno I if i sited it there was a fraction of
.n inch cvor he o. of tie lip, a:Td Uie a-oont of *ater that
was flowia.', into the tunnel was so small thct I pu .^osad it
wouidnn, flow taatiy feot before it would dioap.o-.r.
«R. BKin': Q '^CT-. was that?
A Sometii* in DoCo^ii ..-r ui wixb j^ear— 1V07,
Q And exhibit No, 11 wi 1 show that?
A -oro it raiaou over .2. Tv>.ut is the only occasion
tha I over saw any «at.r cuuxrv., out of tl^t well. That is
ao annil tint it \:\k-^\^ be ne ^ •
Q Miero did the water fro.. Uie Ilellr^an well flo-. if it
ever did flow?
A Into the shaft and into Uie Y tunnal on the wast siaa.
Q And di(i it have a tenconcy to lower the water .dana?
A Yea; it would lower the plane if it flowed out any
iiui unt.
Q In your theory wh«t .ff«ct «iud '.he lAitting of »
bulkho d h«. on the ».t.r ,a«n. and «.. •urrcmli.-.i .oil.?
A I ,xi -m'^ruod th. t tun;--! Il«. 2 i> . y-lnch ^Ij* Un.
Insiae cf I tuiu.«l xlU-, ;ihaft« conin.; out of H. !!>• l^lk*
, „ ^ 1 ^, , ...^..^. y t.. .too t).«. ..t..r fn.a th« T«riuw ■♦ l il
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til t originally flowed fron the unnel, and in that roapect
it ucciunulatOB that water in the pi^ieline,
Q T^ie 0^ ject of t>ie halkhead ia to nhit off the water en-
tirely or partially, acceding to the needs of Uie owners of
tho water, jmd it rriir^t ahut off the water above Uiat ulk-
head entirely?
A .'.Tiich water'
Q Ttio wator in the ^Ainn-d abo? e the )^lik^ ead .
A It v'ould be alut off by the bulkJiead tc "■ extent of
the eleTation to 7/hir.h it wai kepi,
To tho extent of what?
A To tho oxtent of the uleTation at which that water was
r-iiaed by the bulkhe.d.
Q The iMilkhead ia conatructed at t.ho division line between
the 90-acre truct j^nd the lands outaide of it?
S I don't know, I liaTO boen so infortaed thovt^,
-0-
Rere the court takea a receaa until to-raorro*,
Jjjiuary 25th, 1906, at ten oMock In the foren on.
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D 000 896 922