AMENDED NOTICE OF APPLICATION AND APPLICATION FOR MODIFICATION OF DECREE

SUPERIOR COURT OF CALIFORNIA

IN AND FOR THE COUNTY OF MODOC

No. 6395 (Decree)

AMENDED NOTICE OF APPLICATION AND APPLICATION FOR MODIFICATION OF DECREE NO. 6395

Date: November 8, 2024

Time: 1:00 p.m.

Dept.: 1

Judge: TBD

PLEASE TAKE NOTICE  that on November 8, 2024 at 1:00 p.m. in Department 1 of the above-entitled court, Applicant BIG VALLEY WATER USER’S ASSOCIATION will request an order modifying the terms of Decree No. 6395, In the Matter of the Determination of the Rights of the Various Claimants to the Water of the Pit River Stream System Between Canby Bridge and Muck Valley Gage, Except Ash Creek, in Modoc and Lassen Counties, California, (the “Decree”), entered by the Modoc County Superior Court on February 17, 1959.

The Association seeks to modify the Decree to provide for the Association’s formal appointment of a watermaster to administer the Decree and prevent injury to holders of water rights, to clarify the status of water that has been imported into the Pit River, and to give the appointed Watermaster the authority to inspect and monitor diversions from and imports into the Pit River in Big Valley for the purpose of protecting water rights and enforcing the Decree, including the authority to enter properties for the purpose of conducting inspections and monitoring.

The Application is made pursuant to paragraph 37 of the Decree, and is based upon this Notice of Application and Application, the previously filed Memorandum of Points and Authorities, the previously filed Declaration of Bryan Hutchinson, and all papers, records, and files of the Court in this action, all matters of which judicial notice may be taken, and such other further matter and argument as may appear at the hearing.

Dated: April 26, 2024 SWANSON LAW OFFICE

By:__________________________

JEFFERY J. SWANSON,

Attorneys for Big Valley Water

Users Association