tnntiiiuiimuuM ^^^dUM VI V en J// UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY ^^^£ M 1 1 ^^^^^^K ^tUBKAKTY. 'li^lVLKi, 'On: ::^ Or ,\t-LlDllAl il€i ^Ci 9 W!o \ ^=.^ < y(^i L^ v^ V -' " '^T 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 f>^6 1 2 3 4 5 6 7 8 9 10 11 12 13 Ei^dith Day. < S o z « £ « -■ 5 Id CQ < u) - a - O 3 i 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 -iiJiv ja a ■Ij U' 'Jji 'iv. I'>(*fTi . "xoH" ir _ 1 ooi JfLiuq JL 6?8 1 2 3 4 5 6 7 8 9 10 11 12 X 13 UJ z •- H £ c a: , -•"^ w ^ £ Id CO < ui - 0. - " = ri6 o 17 18 19 20 21 22 23 24 25 26 27 28 29 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:? .i.lJ -ioa 0. '■JjK)S l|0 ^rfr ■nrrrr ,8.+0l j!«;i'0-3c« ItKi'Iii " n ;',-=. f" Aijnj h'fi-olicL U7y 1 2 3 4 5 6 7 8 9 10 11 12 .- 13 2 2 8 1-^ w -i 5 In - 0. - o 3 " 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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- Ov,« E »- K ~ a: or S o 5 < Si" Z « § W J 5 ca < ui - CL _: " = i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 )9 20 21 22 23 24 25 26 27 28 29 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 , S 'i •^iiia-ii 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>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 2 I; >-■ >. K K SO ^ ^ t o < 5 o z ' § W -^ S n < uj - 0. _: u 3 — cfi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 29 JL 683 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 ■l;, j:uj:_ I!' LV '..'1 J. " 'a'tt ivtniijiq no .Uvt'OO BB ;Ti8 ,8eY r- r 1- r . , , .-,. ■"■- , :T0 h' '•-' SI h! :'^' .■{.rv^ .8<: iO'fl 4Ee.tj3V7!! Z '- I-' _ Z K SO = '8 2«§ W - £ CQ < uj ^. O 3 — tn 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 _9 ■-•■^4 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 .■^': i A . r> ^-f jm _^ 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? ;iJjo;;j I •f A Of ^ou 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 •fH k 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. .oPf A h .V n ' 'i k ''^Li M ■■ : 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 ; >- >-■ . 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 ^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. / ±' 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 47 1 2 3 4 5 6 7 8 10 11 12 X 13 ■I z 1: •-■ - I c , , s 2 g 14 y o: o: «.i 15 CO < uj O 3 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 '48 1 2 3 4 5 6 7 8 9 10 11 12 .- 13 at Z - H - ^ * 1 I If § !•+ --^ a -. £ Id -; o 3 E" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 1 2 3 4 5 6 7 8 9 10 11 12 X 13 ai Z i- k < S " 2 « £ «.i 15 n < uj - 0. _; o 3 r 16 17 18 ]9 20 21 22 23 24 25 26 27 28 29 '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 10 11 12 X 13 z 1: ^' z «: £ M.i 15 ffl < JJ _• U 3 17 18 19 20 21 22 23 24 25 26 27 28 29 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 1 2 3 4 5 6 7 8 9 10 11 12 X 13 ■11 2 I- K sag 14 -"•^ Z "^ o M -, £ 15 ffl < jJJ _■ O 3 t" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 752 1 2 3 4 5 6 7 8 10 11 12 .- 13 2 C •- < i " ^ X X a. 2 15 3] -< Ui -;5l 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 7 8 9 10 11 12 r 13 at z >- h-' _ E It 1 , 2 o 3 14 < ^O X g n < Z CC (T M.i 15 3| 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 1 2 3 4 5 b 7 8 9 10 11 12 X 13 2 I: I- _ C IT ^ , y flC (t «.il5 B < ja -i O 3 r 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 5U a < uj - a. -i (^ 3 L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. — 5 1 9 3 4 5 6 7 8 9 10 11 12 .- 13 2 !: •-■ < Ul " 2 K CC «^i 15 O 3 16 17 18 ]9 20 21 22 23 24 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-- 25 26 27 28 29 ll II /o 57 1 2 3 4 5 6 7 8 9 10 11 12 13 z ^ •- Z ": 5 «.i 15 CO < uj 16 17 18 ]9 20 21 22 23 24 25 26 27 28 29 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? - ^^ 2 o S 14 *; Q. o i^ " z <= £ M.i 15 CO < ui - a. -i U 3 17 18 19 20 21 22 23 24 25 26 27 28 29 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 3 i" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 768 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? 69 1 2 3 4 5 6 7 8 9 10 11 12 .- 13 •I 2 C >-' S o 2 14 *; Q. o < S o a < _ - CL _; u 3 — w S.glS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 770 70 9 10 11 12 r- 13 ai z '- H i = ii4 z " 5 «.il5 a < ui - a. _• U 3 r 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 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. !t ^: o^P' 71 6 7 8 y 10 11 12 < i o ^.i 15 16 17 18 39 20 21 22 23 24 25 26 27 28 29 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 72 I 3 4 5 6 7 8 9 10 11 12 .- 13 u Z >- t-' _ I or - , 7 E o: a.iis 3 < ul — ft. - U D l" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 73 1 2 3 4 5 6 7 8 9 10 11 12 13 2 t '-■ < Ui " '?■ cc a: «^i 15 n < jj, ^ O 3 r 16 17 18 ]9 20 21 22 23 24 25 26 27 28 29 773 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 y 10 11 u 13 s ?S 14 3.il5 :3 < uj 16 17 18 19 20 21 22 23 24 25 26 27 28 29 77- 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? v>at relevaiicy the question could have. • Tlie Court: Overruled. iK lie 3 4 5 b 8 9 10 11 12 .-. 13 2 •- ^- s°§ 14 < i o z 1^ 5 S.il5 -is .. O 3 16 17 18 39 20 21 22 23 24 25 26 27 28 29 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* 4 called by plaintiff, testified as follows • 5 Dire o t Kx wr inat ion , b Mr. WaterB: Q. fhfere do you live? A. 1 K, Cucai.onfija, 8 Q. How long hay© you lived there? 9 A. Four years a*.d a haif . 10 0, Were you farriiliar v;ith t at section of the country 11 bcfo you wont there to reaido? 12 A. No, sir. r- 13 0. Have you liwd tncn.. continuously 9inc;e four years and 2 •- !-■ _ X E ^ , a half ago? ^ ui w 2 ■: 5 CO < ui — n A, Yof,, sir. _: O S ri6 0, What ic your oooUjation there? 17 A, Oranfre j^ruvvor. 18 fhore is your place situated? ]9 A. Ri ht in the town of Cuc-iirionp;?!., you mi/'Jit, si.y, on the 20 north side of San Pernarriino Avenue. 21 Q. Oan you give the number of the lot or subdivision which 22 your j^lice comprises? 23 .". I an in eection 5. I oan*t ^ive just the le^-al sub- 24 division off hand. 25 Q. And the place h- knovn as w at? 26 A. Known as the old Southworth place. Ho owned it for 27 fiftticn years before I aid. 28 0. How ! any acrfis'? 29 A, Twenty. .0 W -, s 1 To viat is that tjvBnty acres set? 2 A. All to orunr» troes. 0. About how old aro the tre-js'' 4 A. Thcw ran/^e from six to eif?^teon years. 5 Q. Aid what is the area of t; < plaie? b A. Twenty acres. 7 Q. la it ail a;t to trees'' 8 A. Yea, 8 r; solid to oran os. ') Q, And ooGB it require irrigation? 10 A.. Yea, sir. 11 0. Has it been irrigated? 12 A. Yes, air. 13 0. Pro:; z; ri source? 14 A. From thio ruicafion/ga Sprngs and a well that the Old Sot- 15 tl'.' rs* Water ^orap-any owns. 16 When did you first boaor.-« famili&r with the Oucarfon^ 17 Springs? 18 A In the Sj-ring of 1904, 19 Q. Hiive you iuring the time you hare so livoa th' re— Have 20 you at all }«id anything to do with the r.aJ^«g•raent of the 21 affairs of anv aasociation of val.or owners there, or clairawits 22 Of 1 nater? 23 A. I hfore h?«i thv. i!ianaf^oii;ent of the Old Settlors* Water 24 Oompany*t affairs sin oe the spring of 1904, up to ihe first 25 of this year. 26 Q. In !Mt capacity? 27 A. As provident and rr.pj-ni^.ro* *be company, ann one o"f* he 28 directors. 29 Q. Have you had occasion to, or have you ever made maaiure- 1 2 3 4 10 11 12 .- 13 Z •- I-' r "^ 5 «-.i 15 - 0. _■ O 3 r 16 17 18 19 20 21 22 2i 24 25 26 27 28 29 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? 52 1 2 3 4 5 6 7 8 9 10 11 12 X 13 at Z ^ K < Ul " z •: 5 «.i 15 a < uj 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 wed. 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 1 2 3 4 5 7 8 9 10 11 12 X 13 7 r c «.i 15 n < u r 16 17 18 19 20 21 22 23 24 2b 26 27 28 29 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. z '- 1- - cc a: W -^ i < uJ - a _: o 3 3 4 5 5 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 29 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 ^ 2 o 2 5 a. ° < ui" -r a: cr J -, 5 7 8 9 20 21 22 24 25 26 27 28 29 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^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)\;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 -"^ 2 c (E O W -. s (Q < UJ - a. -; u 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 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. 1 2 3 4 5 6 7 8 ^J 10 11 u .' i: z ■- I-' _ a: ir -I . i- " z •= £ «.i 15 n < uj - a .J u D 17 18 19 20 21 22 23, 24 25 26 27 28 29 '. 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. 1 2 3 4 5 6 7 8 9 10 11 12 .• 13 at 2 ■- K S o 2 14 *; Q. o < u " 2 r g W -^ 5 15 < UJ - Q. -OS r 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 >.- f-' 2 •= £ a ^ 5 1:5 n < ui — a. -• 'J 3 i"16 17 18 1*J 20 21 23 24 25 26 27 28 29 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? 25 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 1 2 3 4 I 10 11 12 .- 13 ■I z !; ^-' < Ui " z « 5 «.i 15 O < ul - Q. ►J U 3 17 1« 19 20 -1 22 2?> 24 25 26 27 28 29 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? B I- 1- S E IT n < ui — (L -; o D — t/j 8 9 20 21 22 23 24 25 26 27 28 29 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 6 SOS 5 a. ° < ^ o M ^ £ B < ul - 0. „■ O 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 27 28 29 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 7 8 9 10 11 12 X 13 ■J z « £ S.i 15 CQ < 111 - (L •,• t3 3 ^■"16 17 18 19 20 21 2i 24 25 26 27 28 29 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- - - X -. ^ :. O < u - 0. 3 4 5 b 7 8 9 10 L8 19 20 21 22 23, 24 2S 26 2: 28 29 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 -• a I ui - a 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23, 24 25 26 27 28 29 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 ;-' fod 8©j-teia cr first. 0* What did it hieaJiure on June 9th? A, 2~3/4 in CO 4 ui - 0. -; o D 17 18 19 20 21 22 23 24 25 26 27 28 29 *, 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!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? 1 2 3 4 5 b 7 8 9 10 11 12 X 13 m -"■^ 2 K C M.i 15 n < ui t 16 17 18 )9 20 21 22 23 24 25 26 27 28 29 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 3 4 8 y 10 11 12 X 13 at 2 •- •-■ < u " S O 1 - (0 < ul - Q. -; o 3 17 18 )9 20 21 22 23 24 25 26 27 28 29 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. 1 2 3 4 5 6 7 8 9 10 11 12 r 13 ■I. z •- 1-" < S " z «^ £ «.i 15 n < ui E" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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? 9 10 11 12 13 2 *- H < Ui " < UJ - a. — (0 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 29 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? 1 2 3 4 5 6 7 8 9 10 11 12 X- 13 ■J 8 !; •-' 2 * E B^i 15 gg < uJ - 0. M- u 3 i" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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? 1 2 3 4 5 6 7 8 9 10 11 12 13 s o 3 14 ^ a. o < u " 2 « S W ^ £ 13 n < oj - 0. - O 3 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 D 6 7 8 9 10 11 12 X- 13 £ E £' , s ° g 1-^ 2 ' "= M.i 15 0) < ui - a » o 3 = "16 17 18 19 20 21 22 23 24 26 27 28 29 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 1 2 3 4 5 6 7 <^ 10 11 12 13 5 I 14 ': . i 15 X < m - Q, - O 3 f" 16 17 IS 19 20 21 24 25 26 27 28 29 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^ 8 ^J 10 11 12 .- 13 ■I S 2 14 r^ Q. O z K £ § . i 15 CQ < uj - 0. -•OS ^ 16 17 IS 19 20 21 22 2i 24 25 26 27 28 29 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 oh8t 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 1 2 3 4 5 5 7 8 10 11 12 13 Z " H < ^ o •< liJ - CL O 3 15 16 17 IS ]9 20 21 li 24 25 26 27 28 29 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 thiem? 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 1 2 3 4 5 6 7 8 9 10 11 X 13 Hi B •- H Sao:-, ? r c g.iis B < ui - Q. t 16 o 17 18 19 20 21 ' 22 23 24 25 26 27 28 29 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. 1 2 3 4 8 9 10 11 12 .• 13 ■I B I- H C IT cr , , 228 1-^ < i o « . i 15 n < ui o 17 18 19 20 21 22 23 24 25 26 27 28 29 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 9 10 11 12 .- 13 Z " H-' „ u* ^ 2 ■= £ '.i 15 a < uj - fl, - . Oousins h-^' •>•?) level of th^ae 3 pel la above thoro ' 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-}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 dl ^l 5 i69 1 2 3 4 5 6 7 8 9 10 11 12 .- 13 ■J 2°§ 14 < 2 " 8"^ «■ 5 M -. £ l3 (0 < ul - Q. ^ O 3 E" 16 17 18 39 20 21 22 23 24 25 26 27 28 29 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 .70 1 2 3 4 5 6 7 8 9 10 11 12 X 13 ■J w J 5 15 n < ui - a ►; o 3 E"16 17 18 19 20 21 24 25 26 27 28 29 (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; 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^,ou cjall it. 0. Don't you know the nacie of it? A. No, Rir. > 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. -■J ' t 8 9 10 11 12 13 * » t S o 2 14 5 fl. o < u, o «.i 15 n < ui u5S 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 K jk'L iJ7' 111 Z "- I-' Z s ec S o 3 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. ?.. 1 2 3 4 5 6 10 11 12 X- 13 B ^ I-" < J o S e <^ w -. i 1.-5 n < ui - a. ►; U 3 — tf) -1 ^ t 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. cj ?G 1 2 3 4 5 6 9 10 11 12 ,- 13 of S! '- I-' ►" " ■= 1 I < io zee «.i 15 n < ui i"16 o 17 18 19 20 21 22 23 24 25 26 27 28 29 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 '- *- £ K IT S o 5 5 0. o M J £ n < ui -■ U 3 1 2 3 4 5 6 7 y 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.^ 24 25 26 27 28 29 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 !-<*». 1 2 3 4 5 6 7 8 9 10 11 12 X 13 ■I M ^ S lr> n < uj - Q. -• U 3 i" 16 17 18 19 20 21 22 2?> 24 25 26 27 28 29 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 , — III « -1 £ n < ui 9 10 11 U 13 14 15 16 17 IS D9 20 21 22 23 24 26 27 28 29 W. T. LKVKK. W, T. LK];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. 3 4 5 6 7 8 9 10 U 12 z >- 1- SO? 14 < .u o a -. 5 (S < uJ - Ol J 3 15 16 17 18 19 20 21 22 23 24 2; 26 27 28 29 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. 88' Jl. 3 4 5 6 7 8 9 10 11 12 .• 13 ■I 5 X ff --^ M -I E 1^ < UJ - D. J O 3 r 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 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.at« 2 ;; •- .. e a S O 3 z * 5 5 -. I D < uj - a. J a 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 3 9 20 21 22 23 24 25 26 27 28 29 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 *2i ^9 -■OS - 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ©▼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? ■I M -•£ tb < ui ~ 0. -■ O 3 - « 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 17 1« 19 2t.> Jl 24 25 2() 27 2S 29 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 -0— V^ rt"t v-ear ^^^ 3 4 5 6 7 8 9 10 11 12 13 2 I- K _ I or . I S O 3 14 z 1"= 5 s.i 15 n < lu - a. J U 3 i" 16 o 17 18 39 20 21 22 23 24 25 26 27 28 29 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 3 4 5 6 7 8 10 11 U I 13 2 '- I- z °^ 5 s . i 15 J U 3 r 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ^'■^'■^ 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— 1 2 3 4 5 6 7 8 9 10 11 12 X- 13 111 z I- 1-' M -I 5 Id n 4 u - a J u 3 r 16 17 18 19 -lO 21 23 24 25 2b 27 28 29 0. Naturally? A, Naturally or un-^ 23 24 25 26 27 28 29 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. J^i^^ 2 '- K B < 111 - a. o 3 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 17 IS 39 20 21 22 26 27 28 29 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' I 1 2 3 4 5 6 7 f? 9 10 11 12 X 13 ^ z "^ - - °^ 1 1 « - 5 In ffi *< uJ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 1 2 3 4 5 6 7 8 y 10 11 12 I lo Z *- H 2 «^ 5 w.i 15 n < ui 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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;,?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 itutttie z J — 2 •- 1- Z X. a S ° 2 a J i n < u 9 10 11 12 13 14 15 16 17 18 3 9 20 21 22 23 24 25 26 27 28 29 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'in v,itn«8s about thoir opcrhticno m the fun An- J9? 6 7 6 S» 10 11 12 .• 13 •I 2 •= £ 9 tonio Owiyon, Bi>reua frcjm one stroicn to the other, ^^ a NATION . 16 17 18 19 20 21 ^^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. :.}c;r':: I iivt no^ '-r. i"«- ,.;: 'bowTi ^-lus 6 thore. 7 v« ?Au!r<; do vou livft with rt^fwrerco l-o i^Jv t h'^a hov-ii cU.lod i"-* tho brittk hotel ii.nd the riucfa'ion/:^! uiuiripru? 9 A, I live {>>iout t>iro« qUisTtea^u of a rniio to tlit lopt of thttt. 10 •^n' rOTlp-?, 0. Font f t}«e red hill' 11 A. Ytitj, sir; ;.ei3t of Uiu rw hill. 12 '^?. BPITT, 0. T^at pro you eTij;a.^»d in? 3J 13 A. I {.in- f».;r'iin-' .••..t preoont. g 3 ^ ul " 14 n, 'ToH- Ion." have yoti liv(;d in Jii.t noifjihorhood^ 5'§ ■> -^ £ a < u 15 A. On ijifO off tsince IBBb, _■ O 3 — OT U. 16 0, Po you T:no'tv hor. to mcaanre wiiter** 17 A, Ye{ , fiir. 18 Q. T)c you know hov; to take the de.;ths of v.elle'* 39 A, voB, fiir. 20 0. Look at UiiL ehoot nov.- i.liov^i ycu, vuicli la cullea "Tt^bul:.- 1 21 tion of neajiururacntD - * or huB the inacri].tion "Tj-IduI .tion 22 of MoamjTO'ionte of W'ator I)t;vulO;.n<.!nt at pbd f'illr^ Ouci*raonp;tt, 23 CuJafomiu", unci a-uto ikhethor or no'o yai rauit; the rasa»» 24 uromento vhich tjrt; roprooentod in this piipcr? 25 A. Yee, uir; thoBO nrr thr; nc.nrirer.cnts that I havo n&de 26 and 'landod in to 'r. i.ri^it. 27 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 6 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. 901 6 7 8 y 10 11 12 I lo z ■- I- ^ X a . , 2? 3 14 2 «: S -M^i 15 IB) < ui - 16 17 18 19 20 21 23 24 25 26 27 28 29 0. Foi the ijurpoije of illustrutin"*, tv 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 anr9 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 ' 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- urio 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*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? m3 3 4 5 b 7 8 10 11 12 «- 13 < I " •r a: q: «.i 15 n < ui »• O 3 17 18 19 20 21 22 2i 24 26 27 28 29 .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 riti.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 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, ^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« 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»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. 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 4rf8, in i/tiioh you did not B]?!.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 |..li.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-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^^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 , ;;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 oiui.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.. ; 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(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, 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 ynci corrpjoncint^ itbout »hio cwun tb^rr , t»hiftro 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 1 2 4 5 6 7 8 9 10 11 12 «• 13 17 18 19 20 21 22 23 24 25 26 27 28 29 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- >cnjt, iVp v.y r.^ if *^^r, riif(;,,,,.Mfa-anco 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 ■' 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\?, 0:;U th« Qoutii of tJio ciJ'von ttrc tha flucanon?^ ;'!jriTi>'3iT /.. Sfc-^iiiju^ly fsy-iX^l; tu .i> .. .. ^ v^.m' o,«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 1 2 3 4 5 6 7 8 9 10 11 12 13 2 1; ►- S 2 14 ' 2 " O ir I a -i I 15 n < ui - a. -• U 3 n6 il, Yoi-:, sir ; I H-.iVo. 17 18 19 20 21 22 23 24 25 26 27 28 29 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'.»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, ;.■• Ili 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, ", '^'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, ''. '^bbv«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^ (?»iCci^^ 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 4iii- Jl9 1 2 3 4 5 b 7 8 9 10 11 12 X 13 '16 17 18 ]9 20 21 23 24 25 26 27 28 29 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# '\. '^1iy i?m>un.':.inp all t>ie way lU) 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« moa1robiU)ly 14 or iij years u^o; I dnd 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.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 onJiideror.-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, 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 1 2 3 4 5 6 7 8 9 10 11 12 13 _29 wiitrr from the; t/unn=:;l8 imci ..idlr> of the Cuciwoiiga V^at«r 17 18 19 20 21 22 23, 24 25 26 27 28 29 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 ylf, 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? '». ?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 Cany? A. He, non« vhat**v<3r, Q. Triouo Kteiiii on thi) "»0 cry xraat^ iind th« Londi Star tuiin«l («nd the }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 iSl M 9 10 11 12 13 2 1-1- < u, o Z ": 5 5-il5 8) < uj - Q. . J" = Q, Were tViO pIkcob di "f oront fron v?htr<; the water ie nov? usadt A. ?o.u:. 3"* 'Jioia yeo. T . .. JUL .^1 . 16 17 18 39 2i» 21 22 23 24 25 26 27 28 29 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*ujjrou 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|" 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 cruU'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 quiy 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? -M- 9^28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17 18 19 20 21 22 23 24 25 26 27 28 29 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?;? A. No, air; I did not. 0. You don*t know iah«ther it did then or not? A. Ho, uir. 0. AboTit >i)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.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 «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 ?{ 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 KJ^J• 2 ;; »- _ E IT 2 ° 3 < ^ o H -; 5 B < u 1 2 3 9 5 6 ^ 8 9 10 U 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 January 18th, Iy08, Tdn^h Pey. -0- '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 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 \ JL 93? 10 11 12 ,-• 13 s I- k < i o z "= 5 S . i 15 n < ui J O o ^ 16 17 18 19 20 21 11 23 24 25 26 27 28 29 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'«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, \)- 2 *- I- Z X a S O 3 t. X o < i o to < uJ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 -A- b 9 10 11 12 X 13 •I 2 I- H S.i 15 jQ < UJ — Q. ^ ^ 3 17 18 }9 20 21 22 23 24 25 26 27 28 29 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 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, }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 nn 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 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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^>-:. T. ^'uvon ^-roparty I t)iink i hui t)titi.^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* 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: 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 i 1 2 3 4 5 6 7 8 9 10 11 12 « 13 z I- 1-" z i: £ «-.! 15 n < ui — L ■-• O 3 17 18 ]9 20 21 22 23 24 25 26 27 28 29 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 llB 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, 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. 94o o 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- 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 ^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 tivbly. -\ 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.r)ta inude ii})out the nwao tino of that (jUijntity of wtttwr? uivo tt LiuttBurenont »uucio tho Bura*; («,t was if* ^^ 10 949 3 4 5 6 10 11 12 X 13 aJ 2 :: •-■ S o 2 14 "; 0. o ^ X cc M.i 15 n < lii - 0. ►J a 3 17 18 19 20 21 22 23 24 25 26 27 28 29 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
»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 r Bido, fairly well repreeented on Plaintiff's Eidiibit Ho, 2, by l>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 to '09 or '90. tin, BiiITT, 0. Wiat have you obaerved with reference to the 1 -) 3 4 5 5 7 8 9 10 11 12 i 1^ - ^ -' 1 , '• 2 o § 14 w ^ s la » o 3 ;" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 M i>i>i 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 95;i 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 2;» 958 1 2 3 4 5 6 7 8 9 10 11 12 .- 13 i 2 « S «^ £ Id n < lij : 16 o 17 18 19 20 21 22 23 24 25 26 27 28 29 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\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; 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 tharactor 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 ^;xaed 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^ rhinp; to push the lunnel on ^u_ 9;3m 1 2 3 4 5 6 7 8 9 10 11 12 .• 13 -, i o 2 •: 0= «.il5 a < 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 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 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;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, a.s 1 2 3 4 5 6 7 8 9 10 11 12 i 13 2 i '^ ! ^ -i " i z °f S M Sic ) ffl < ui -5 I r 16 17 18 19 20 21 22 23 24 25 26 27 28 29 •^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 . - liv 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>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."'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» 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 3() 1 2 3 4 5 6 7 8 9 10 11 12 13 * 1; •- - e 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 naxn;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 1 2 3 4 5 6 7 8 9 10 11 12 .- 13 2 1; •-■ < i o 2 •: g M -I 2 15 < ui - 0. «• U 3 E"16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 a -. 5 ^ O 3 16 17 IS ]9 20 21 22 23 24 25 26 27 28 29 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. | 6i 2 3 4 5 6 7 8 9 10 11 12 13 17 18 ]9 20 21 22 23 24 25 26 27 28 29 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. 3 4 5 6 7 8 9 10 11 12 ^- 13 •I 20= 14 z ■ £ r. o 1 - M -; £ Id n < ui i 16 o 17 18 19 20 21 1 22 j3 24 25 25 27 28 29 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. I" - C K III ■* -" 5 9 < ui - 0. J O 3 3 4 5 6 7 y 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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? 1 2 3 4 5 6 7 8 9 10 11 12 i 13 < 2 o z >«: « . i 15 03 < u i" 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 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 2i: ^* » C (T Z " O a J £ CQ < ui - 0] 1 3 4 5 6 7 8 y LO .1 2 L3 14 -5 L6 ./ L8 19 20 21 22 23 24 25 26 27 28 29 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 ? 1 2 3 4 5 6 7 y 9 10 11 12 .- 13 Z •- H-' . 2?2 14 z « 5 a.i 15 a < ui -,51 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ' f 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. -o- 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. 1 2 3 4 5 6 7 8 9 10 11 12 i 13 •I a J 5 1^ n < ui - a. ^ u 3 — «i 16 17 18 39 20 21 22 23 24 25 26 27 28 29 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. n di 3 4 5 6 7 9 10 11 12 « 13 2 •- >-■ sog 14 *-« z ' 5 « . i 15 is 16 17 18 ]9 20 21 22 23 24 25 2b 27 28 29 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* 3 4 5 6 7 8 y 10 11 12 .• 13 a -.£ In :3l 16 17 LS 19 20 21 22 23 24 25 26 27 28 29 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: 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 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 (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, 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 1at 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 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\^ 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 Junutu>.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'.TroB(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 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 thall 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 vat 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. 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(.>^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 1 2 3 4 5 6 8 10 11 12 X 13 St r >-' - ■ " 1 I jog 14 z c cc 5.i 15 5-16 17 18 19 20 21 22 23 24 25 26 27 28 29 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) 1 T 3 4 8 10 11 12 X 13 •I Z ^ K 7 K CC al -. 5 l3 » ?s; _: O 3 17 18 19 20 21 22 23 24 25 26 27 28 29 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 ." 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: ' ^ . >d Irr t' ut roquuttu wutnr for irri -it ion' •db 1 3 4 5 6 7 y 10 11 12 X 13 m « ^ •-' « -. S Id a < in: O 3 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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' liJ JiL 1( Z - I- _ C K a 3 3 <^3 1 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 )9 20 21 •^*# 23 24 25 26 27 28 29 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^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'^ 10, 1 2 3 4 5 6 10 11 12 13 < i o 2«g - M jI l3 a < J, -■ !f 2 ^ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 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 4 5 6 7 8 9 10 11 12 X 13 2 ►■ >-■ 1 -J " ^ " 5 fjiis - *-t _ O 3 E-16 17 18 19 20 21 22 23 24 25 26 27 28 29 .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 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 i ■ ' 1 2 3 4 5 b 7 8 9 10 11 12 X 13 M * « ►■' S!ii5 a 4 ui i 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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' i. (-ont uit^ A. Yes, sir, Q. Tlio waters from the Y t\innel flowed throuf^i the open pipe^ ^ 1(» 1 2 i 4 5 o 7 8 ') 10 11 u .- 13 al Z •- H -IK-, S ? 3 1-^ z « 5 ^.i 15 - O 3 r 16 17 IS 10 2(» Jl 22 23 24 25 26 27 28 29 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 6 7 8 10 11 12 x 13 w Z •- H _ c or , , sog 14 --^ 2 * f M - i 15 _ O 3 r 16 17 IS )9 20 21 22 23 24 25 26 27 28 29 ^ 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. ■I z •- >-■ -. E Z III - O 3 - m I I 1 2 3 4 5 b 7 y y 10 11 12 13 14 15 16 17 IH )9 21) 21 22 23 24 25 26 27 28 29 Jl^ I iJ >■ 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. < i o -- K K _ J 3 1 2 3 4 s b 7 y 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 , r.-^H 1 2 3 4 5 6 7 lU 11 12 X 13 2 •- K - * " 1 1 < S o « -■ 2 Id in < ui - a. ^ O 3 E"16 17 18 19 20 21 22 23 24 25 20 27 28 29 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 allowai 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" 1 2 3 4 2^1- _ X or ■< ;^ o B < ^ ^ O 3 - en ^1 9 10 11 12 13 14 15 16 17 18 19 21) 21 22 23 24 25 26 27 2H 29 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^£ < S o 7 OC It ■ 5 If J U 3 1 2 3 4 5 7 b y 10 11 12 13 14 15 16 17 18 19 20 21 1 ■> 2.^ 24 2S 20 27 28 29 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\ z •- ►-■ _ K S SOS PD < uj ^o5 3 4 5 b 7 8 y 10 11 12 13 14 15 16 17 18 19 20 21 2 J) 23 24 2S 26 27 28 29 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. 3 4 1< 9 lU 11 12 .- 13 u M -■ 5 1 r^ ffl < Ui - Oi _■ u 3 r 16 o 17 18 19 20 21 22 22, 24 25 2(y 2'i 28 29 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 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'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, -mjg h 9 lU 11 12 / 13 < S o « -" s In 16 17 18 19 2 ■vm^ff TT^ "^Bipr •: L\J ± * ^ t M ff E£ 5 c o HI ^ £ CO < u - a. - O 3 18 19 20 21 22 23 24 2d 26 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. 3 4 "it ~i O s 10 11 u / 13 M J S 1.-1 16 17 18 19 20 21 22 2i 2+ 25 26 27 28 29 ejdiibit 3U will also be contained on aihibit 3? A Yes sir. TIU^ C()Uiie 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? 10.>1 1 2 3 4 5 6 7 8 9 10 11 12 13 17 18 19 20 21 22 23 24 25 •.>G 27 28 29 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 17 18 19 20 21 22 23 24 25 26 27 28 29 10,,.. 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 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? 18 19 20 21 22 23 24 25 26 27 28 29 ^ 1 2 3 4 5 6 7 b 9 10 11 12 .- 13 ■I - « tc , , --^ z " 5 a . i 15 a < jjj J O 3 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 1 *< 3 4 5 6 7 8 9 10 11 12 X 13 ■I z I- (-■ n -. s la "is -• O 3 i" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 — — — 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 »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 1 2 3 4 5 6 7 8 9 10 11 12 X 13 2 •- H 5.1 15 5is: 16 17 18 19 20 21 22 23, 24 25 26 27 28 29 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 1 ' 1 3 4 5 6 7 8 9 10 11 12 ^- 13 E ►- !-■ n 4 ui i"16 o 17 IS 19 1 " 21 1 22 23 24 25 26 27 28 .9 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? 1 / ^ 1 2 3 4 5 6 7 8 '■) 10 11 12 r i: ■I 2 ►■ I-' _ r a: 1 I *-^ a.i 15 a < jj. O 3 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 ' ' >* 1 «6 - •-■ _ C K z ■ S M 2 W -i K ■ f s ,^ O 3 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.? ^ > 4 * t •-' --^ W -J o: GO < uj - « 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. I r .} u z I- •-■ - T X S ■s 2 f a. ° < i " 7 e oc a J 2 Q -< uJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (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 . 28 29 Q. And siphoned into tlie Kady Tunnel? A. Probably ^^ia next year to y oorxienc^d to iiphon. li 3 5 6 8 y 10 11 12 .- 13 z •- ►-■ < i o M ^ £ Is a < ui -i o o t" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. /) 10 11 12 X 13 z ' £ a.gl5 a < It! O 3 - 09 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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? 1 2 3 4 5 6 7 8 9 10 11 12 X 13 ■I 2 1:*-' -* * * 1 I -•"^ M -i £ Id a < jj -• U 3 i" 16 17 18 3 9 2("» 21 22 23 24 25 26 27 28 29 L ^l 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 / .> z •- H _ z e 2 2 < :^ o a -. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 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? 3 X'^A) 1 A 260.03 inches. 2 Q, Do you reiaw bcr :- t urac-o vi vhe tLusi n v. i 'ov-VO 3 as ^^ th0 qiian^^ty of rainfftil? 4 A . Y'^p. , ^>i !". 5 ■•. '" ^ waj! i\'> 6 A. It was very ^ eavy. 7 '•''»• It thr heaYiefit t at ^ ou have over kri . n in ihiB 8 count 7? 9 A. Not, tho BOBt irK}i«8 fall-- I thi»ik I knew ono tiiat «a8 10 h6tivier, but It nite per ape the next heavieet. 11 Q. ^\ava> «au the heaviest? 12 A. I t ink it ae in t e •70'b; bui t at xs only meiac/ry .- 13 ■I 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- 2 ■ 5 fall? A, y<>«, tir; to ny knowled^^e. 17 0. And your next OBasurecient vas nade - esn? 18 A. TJie next neeHur'r.ient I bate waa S-eii^teinbor, 1 , 18V4. 19 That ia, four yehra later. 20 n. And wV'at waa it *^ ad^ 21 A. T^e Tiain b ream wab 160, ,51 inc>ieB, ■)7 0« f^at tirjB of the year irae t^iat? 23 A . Septenber I''). 24 Q. Then our noxt neaaureimnt? 25 A. Juna, the year fell -dn^; '90, 26 Q. And was w'-at? 27 A. 19^<,53 incheB. 28 0. Do you remember w at iiiu chaaacter of the aeation ofi . 29 1894 and •:) waa? 1 2 3 4 5 b 7 8 9 10 11 12 X- 13 « 2 •- K _ X s . , --^ s.i 15 B < uj -• O 3 17 18 19 20 21 22 23 24 25 26 27 28 29 \. Y'JB, air. 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 I ■} i 3 4 5 6 7 8 9 10 11 12 z 13 •I 2 1:'-" sog 14 --•^ 9 r CE s . i 15 n < uj - a -" !? 3 : 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 1 2 3 4 5 b 7 8 9 10 11 12 X- 13 •J < S " z "= S « -. g 15 a < jj, _: u 3 17 18 ]9 20 21 22 23 24 25 26 27 28 29 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 1 2 3 4 5 6 7 8 9 10 11 12 r 13 ■I --^ B^i 15 n < jj, J O 3 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 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 tlihve 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 19 20 21 ->-> 23 24 25 26 27 28 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 S.i 15 a < jjj •^ !f 2 i 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ^ ? < ; O M J 5 B <^ J O 3 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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? 10 11 12 .- 13 Z =c 5 a - i Id r 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 I 2 3 4 5 6 7 8 9 10 11 12 X 13 Z •- !-■ - ' * 1 I g!ii5 n 4 uj ri6 17 18 19 20 21 22 23 24 23 26 27 28 29 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 1 2 3 4 5 6 8 9 10 11 12 .- 13 n 2 ^ >-" < u, U M -I 5 Is _• O 3 i" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ■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. 1 2 3 4 5 6 7 8 9 10 11 12 X- 13 z •- 1-' 2 0= 14 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 1 2 3 4 5 6 7 8 y 10 11 12 13 £ •- t- s o = 14 f a. o < !^ o 7 K C ii5 CD ^ (0 < i" 16 17 18 19 20 21 22 23, 24 25 2b 27 2S 29 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. --0— ( v.- L I 3 4 5 6 7 8 9 10 11 12 .- 13 M Z >- !-■ 7 C CC 4 . i 15 -It ^ O 3 5 "16 17 18 19 20 21 22 33 24 2(3 27 28 29 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 bnga 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- 8 10 11 12 X 13 ■I Z •- H gog 14 <-" M ^ s Id (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? 6 8 y 10 11 12 13 z '- >- 12 § ^-^ z ^ 5^ 5 . i 15 ^ O 3 r 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 3 4 2 I: ►-' — c rr 2 ° S < i u 2 K or u 2 H -1 5 (S < ui -; o D 10 11 12 13 14 15 16 17 18 ]y 20 21 2Z 23 24 25 26 27 2S 29 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? 1 2 3 4 5 6 7 8 9 10 11 12 13 M -. E Is IS < UJ - 0. - O -D 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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? 1 2 3 4 5 6 7 8 9 10 11 12 .- 13 ■J 2 !: >-' * - " 7 Z K M ^ £ Id 16 17 IS ]9 20 21 22 23 24 25 2b 27 28 29 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"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« u 1 2 3 4 5 b 10 11 12 X- 13 z •- >-■ - ■ « 1 1 --^ M -i 5 l3 - « 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 •- >-■ _ a: oc SO? < i o •^ * „ 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 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 \'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 . z ►- ►-■ - z s --^ M -I a a « jjj - if 2 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 . 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 z <- t- . a. ° , i " 5. a: flc M 9 n < jj, J O 3 — •» 3 4 5 16 7 8 9 20 21 22 23 24 25 26 27 28 29 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 1 < •I 3 b 7 8 10 11 12 13 14 15 16 17 LS 19 20 21 22 23 24 25 26 27 28 29 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 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 s u O 3 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. ■^ 11+-:. 1,(vA T .A llnr 1 2 3 5 b 7 8 9 10 11 12 13 .i 15 O 3 - gB 16 17 18 19 20 21 22 23 24 25 2b 27 28 29 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. v& I .A ; f 3 4 5 b 7 y 10 11 12 X 13 u 5!i 15 0) < uJ - d •^ - 3 : 16 17 IH IS) 20 21 ">? 23 24 25 26 27 28 29 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? 3 4 5 () 7 8 10 11 12 13 I — * It ^ , » * 8! .J u 3 16 17 18 19 20 21 22 23 24 23 26 27 28 29 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- 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 17 10 u 12 / 13 a •- 1-' < i O M -i 5 Id B < ^ -• U D no 17 18 )9 20 21 j2 23 24 25 26 27 28 29 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. I 9 10 11 IJ H 15 is ■J 3 i' 16 17 18 19 20 21 -)") 23 24 25 26 27 28 29 (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 3 4 5 b 11 5 1 14 ii; ^"16 17 ]'> Jl 23 24 25 26 27 28 29 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. 1 2 3 4 6 10 11 12 ,- 13 ■I --^ « -I i la -^ - 3 : 16 o 17 18 19 2i> 21 -**^ 23 24 25 26 27 28 29 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 .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? z !; •-' _ Z E - K ir J) -I J 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 1') -t" 21 22 23 24 25 26 27 28 29 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 I 12 = M - I < ui - 0. - 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. T T ' f. f , M CT Mfli^isn.1 ••-•flin Z •- 1- Z X a S ° ^ 2 a. o < ;^ o -•5 1 1 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IH 19 20 21 22 23 24 25 26 27 28 29 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') 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 1 2 3 4 5 6 7 8 9 10 11 12 13 < 2 " n < 111 - a. ^ o 3 r 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. y 10 11 12 B I- •-■ " X z . , £•= s J « 2 16 17 18 19 20 21 22 23 24 25 2() 27 28 29 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' a < jj, J O 3 17 18 19 20 21 2,2 2?, 24 25 2b 27 28 29 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* 3 4 5 () 7 8 ') 10 11 \2 .- 13 z •- H - * °= 1 I --^ 2 °^ 5 «.i 15 a < is O 3 16 17 18 19 2(^ 21 22 23 24 2=) 26 27 28 29 !• 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: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 - L 1 2 3 4 5 6 7 >^ s» lU 11 12 .- 13 2 ^ H Zx a W - 5 Is - a O 3 i" 16 17 18 ]^) 20 21 22 23, 24 25 2(j 27 2H 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. < S o B < jj. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IH 19 2(^ 21 22 23 24 25 26 27 2S 29 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 3 4 8 y 10 11 12 ,• 13 M « -. £ Is n < ui i 16 a 17 18 ]9 20 21 22 23 24 2b 26 27 28 29 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[ipoti'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? s :; •- ^ c oc a? a J E S 4 UJ J U 3 1 ' 3 4 5 b 7 « 10 u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2h k, Y«n, i;ir. 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 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? 34 1 2 3 4 5 6 7 8 9 10 11 12 X 13 m as •- 1-' < 2 o «.i 15 (g < Mj : 16 o 17 18 19 20 21 22 23 24 25 26 27 28 29 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? \ ■ ■ -> 1 2 3 4 5 b 7 8 9 10 11 12 X 13 ai 20= 14 *-^ M -. 5 Id a < jjj - O 3 ^"16 17 18 19 20 21 22 23 24 2S 26 27 28 29 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. 1 . 1 2 3 4 9 10 11 12 X 13 al - * * 1 I Si" 2 * S M.i 15 O < it; O 3 16 17 IS 39 20 21 22 23 24 26 27 28 29 36 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. 1 2 3 4 5 6 7 8 9 10 11 12 X 13 - I ir , . ' « S _ ^.115 - < UI - a. _ O 3 n6 17 18 19 20 21 ">■) 23 24 25 26 27 28 29 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 1 2 3 4 5 6 7 8 9 10 11 12 X 13 a * •- H a " S l-^ 5 i o < 3 o 2 * S M . i 15 BQ < uj -•'3 I r 1.6 17 18 19 20 21 yy w4w 23 24 2s 26 27 28 29 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 -51 1 2 3 4 5 () 7 b y LO 11 L2 L8 19 20 21 22 23 24 25 26 27 28 29 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. 1 -) 3 4 5 6 7 8 9 10 11 12 13 _ K (t , , s o = 14 O 3 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. X 1 2 3 4 5 6 7 8 9 10 11 12 X- 13 •I Z '- H -la,, ::-" 2^i 15 -- < it _ O 3 17 18 19 20 21 22 23 24 25 26 27 28 29 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. Ki 1 2 3 4 5 6 7 8 9 10 11 12 X 13 UJ aog 14 9 K OC « . i 15 ^ O 3 E"16 17 IS 19 20 21 22 23 24 25 26 27 28 29 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 •I Z >- H Z X ec a ° s 5 a. o < S o u 5 « -• IE B < J, J U 3 - « 3 4 5 b 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2r. 26 27 28 29 \ 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.'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 3 b 7 y 10 11 12 X 13 •t s •- H - * * 1 I --^ S.i 15 n 4 O 3 16 17 16 ly 20 21 22 23 24 25 26 27 28 29 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? 1 2 3 4 5 6 7 8 9 10 11 12 .- 13 2 K K «.g 15 i 16 17 18 19 20 21 22 2i 24 25 26 27 28 29 1 • -^ 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. 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 ! 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 18 19 20 21 22 23 24 25 26 27 28 29 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 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 19 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 2 3 4 5 6 7 8 9 10 11 12 X- 13 ■I 20g 14 M -1 i Id i 16 o 17 18 ]9 20 21 22. 2}, 24 2; 26 27 28 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 ■ 1 2 3 4 5 b 7 8 9 10 11 12 13 1 ttt M C K . , a?3 1-+ 123 S.i 15 _ O 3 17 18 )9 20 21 23 24 25 26 27 28 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 2 3 4 5 6 7 8 9 10 11 12 r 13 Z I- 1- - r 0- - , S ? = 14 z K Z 2 - i 15 O 3 16 17 18 ]9 20 21 22 23 24 25 2() 27 '!?> 29 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 --^ z ■=§ ■^ - 5 3 < ul — « 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 ■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 ■- H S.i 15 « < O 3 I 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 X 13 3 < S '^ ; J a - 0. J " = I 1 2 3 4 5 b 7 8 9 10 U 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 > %- 2 3 4 5 () 7 8 10 11 12 i 13 Z ^ I- O 3 15 16 17 18 V) 2(» 21 22 1^ 24 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. 1 2 3 4 5 6 7 8 9 10 11 12 i ^' sog 14 z "^ £ « - i 15 B <^ - O D 17 18 19 20 21 22 23 24 26 27 28 29 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 ¥ 3 4 I 5" I I I 6 I i 7 I -^ I 10 I X 13 ' 2 : ^' ; z *o 1- a -. 5 13 a < u i r 16 18 19 20 21 22 23 24 25 26 27 28 29 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. 1 2 3 4 5 b 7 8 ) lU 11 12 13 - * * 1 I =: 2 o 1-^ .z < m - a - CJ 3 15 16 17 18 39 20 21 22 23 24 25 26 27 28 29 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. n;^ i •- H _ 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. 1 2 3 4 5 6 7 8 y 10 Ll L2 ./ 18 19 20 21 22 23 24 25 26 27 28 29 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) 1 2 3 4 5 6 7 8 9 10 11 12 .- 13 ■I z ■- t-' z * £ «.i 15 -i O 3 i" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 ' P.M., Lone Star, 3-.>A - inches in de.th by 30 inc}^08 in width. 1 2 3 4 5 6 7 8 9 10 11 12 .- 13 Z "- H a J 5 1:) •J '^ = 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. ^ 2 3 4 5 6 7 8 9 LO 1 I? 17 18 19 20 21 -»^ 23 24 25 26 27 28 29 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. ) 4 5 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 28 29 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? 9 10 11 12 13 - I IT . , 2 0= 14 < ui " Z ' o M ^ 5 la 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 _ 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 »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 I i 1-1 i 8 9 10 11 12 / 13 ■J i '- 1-" - X a . , - 2 § 1-^ :^ . i 15 _ O 3 17 18 19 20 21 22 23 24 25 2b 27 28 29 362 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. 1 2 3 -I 5 6 7 8 ^) 10 11 12 X 13 -IK., - z c i . i 15 2 < u -5i '16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 I 1 2 3 4 5 6 7 8 9 10 11 12 13 Z '- (- ^ r ir O 1 - ■^ -• 5 Is 2 < W "16 17 18 19 20 21 22 22> 24 25 26 27 28 29 ■ .?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 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 !;0 I 2 3 4 5 6 7 8 9 10 11 12 13 < S o ^.2 15 a •< O 3 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 1 2 3 4 5 b 7 8 9 10 11 12 13 z •- I- 2 = 8 14 u> -- 5 Id ait J O 3 n6 17 18 19 20 21 22 23 24 25 26 27 28 29 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. i 1 2 3 4 5 6 7 8 9 10 11 12 X 13 s 3 = 14 j -. E Id _: o 3 17 18 19 20 21 22 23 24 25 26 27 28 29 119^ 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 . :\L IL. 1 2 3 4 5 6 7 8 9 10 11 12 13 z ' £ g^iis B < ui -§1 t 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. L? 1 1 2 3 4 5 6 7 8 9 10 11 12 r 13 < i " ' - i 15 == is _; o 3 17 18 19 20 21 '22 23 24 25 26 27 28 29 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. 1 1?^^ 1 2 3 4 5 6 7 8 9 10 11 12 13 - I oc , , 5.2 15 a < ui - a »■ u 3 17 18 19 20 21 22 23 24 25 26 27 28 29 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 2 3 4 5 6 7 8 9 10 11 12 .- 13 •I Z ^ ^-■ ^ K ec . , -"^ 2 ■ o M -i 5 la t 16 17 18 19 20 21 22 23 24 25 26 28 29 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? I in' 5x£ lu: 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. n 1 3 4 5 b 7 8 9 10 11 12 X 13 t 2 !: •-" z * 5 a -. 5 Id _i O 3 17 18 19 20 21 22 23 24 1 25 I 26 27 28 29 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. I I .y 3 4 5 6 7 8 9 10 11 12 13 * , •- sog 14 < 5 o a -I 5 Id S < jj, t 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. " ^ ►-■ .. E a "?§ Z •= § a -> s J O 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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/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-■ -.i 15 B < jj, J O 3 17 18 19 20 21 22 23 24 25 2h 27 28 29 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 II' I M?)4 1 2 3 4 5 6 7 8 9 10 11 12 X 13 - It s . , < Si " z « S 5.ii5 a < Hi O 3 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. li. J[ 1 1 95 I 2 3 4 5 b 8 9 10 11 12 X 1 M aog 14 < i o M -. 5 Is -; o 3 £"16 17 18 19 20 21 22 2i 24 26 27 28 29 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 1! [1 I '^7 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, joo axx , 1 2 3 4 5 6 7 8 9 10 11 12 13 3 O l 15 o e S 16 17 18 19 1 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? 1 '>') I 1 2 3 4 5 6 7 8 9 10 11 12 13 3 O E S 16 tf) 17 18 19 20 21 22 23 24 I 25 26 27 28 29 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;c wt^st ons. r 1 '^o2 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 1 2 3 4 5 6 7 8 9 10 11 12 13 H 14 a 3 O ^ 15 O i I 16 17 18 19 20 21 22 , 23 24 25 26 27 28 29 1 'V)^^ 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 iin - 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. • \t 20 21 22 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^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, ^ 4 6 7 8 9 10 11 12 13 3 O t 15 a 111 % 16 17 18 19 20 21 22 23 24 25 26 1 I 27j 28! 29 17 18 19 20 21 22 23 "4 25 26 27 28;i 29 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)Uii( 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,'Touiid, 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. < > 1 8 y 10 11 12 / 13 *-^ 5.1 15 9 < ui r 16 17 18 )9 20 21 22 23 24 25 2b 27 28 29 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^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' 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 quegtiout 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 tAit 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 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 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, 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» Uiiiy? ^ 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 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 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■ 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^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 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 yoiat 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'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. 3wiy 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.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 ] 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!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 3 4 5 b 7 8 9 10 11 12 X 13 ■I a >- H < i " Z °= O 1- M ^ i 1.-5 .n < jji 16 17 18 19 20 21 22 23 24 25 26 27 28 29 , 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 (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 ;.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 dij:uualiou bia ^'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. 27 28 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': 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,' queatin 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{ 1 2 3 4 5 6 7 8 9 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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>«*.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? i; 1 • 1 / .*■) * 1; •- -■3 1 - « 1 2 3 4 5 b 7 8 y LO A 12 [8 19 >0 21 22 23 24 25 26 27 28 29 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 abt^, 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 — T'J Z " t- S ° 3 5 ». o B < J, 1 2 3 4 5 b 7 8 10 11 12 13 14 15 16 17 IS 19 20 21 >■) 23 24 25 2b 27 2S 29 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. iouId be? A It is quite a productive water ehec and a gsod iteep water nhed, and would oeliver a con8idera>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, c d 1 '^S5 1 2 3 4 5 6 7 8 9 10 11 12 .- 13 ^ - H ~ X ec .2 15 _ J 3 t" 16 17 18 19 20 21 22 23 24 26 27 28 29 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. cr I I 3 4 5 6 7 8 9 10 11 12 13 g.g 15 -" " 2 E-16 17 18 19 20 21 22 23 24 26 27 28 29 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 1 If,!: \ ■ •% I 5£S * - " 7 K a * -^ a 3 < U - « 3 4 5 (3 7 8 9 10 11 12 13 14 15 16 17 18 ]9 20 21 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. 23 24 23 26 27 28 29 fmmiii D 000 896 922