Flowage Easements for the Sutter Bypass
By Tom Ellis
The following excerpts are from the deeds to land in the Sutter Bypass. The original intent was to keep the land open and free of sediment and debris to assure carrying capacity of floodwaters, thus assuring the flood control system would operate as designed.
Today however, the Sutter Bypass is home to the U.S. Fish and Wildlife Service Sutter National Wildlife Refuge and is rapidly filling up with sediment and vegetation. If we are to maintain the carrying capacity of the bypass, pubic policy that promotes placement of refuges in bypasses must be disallowed.
Deed 16, Deed 18, Deed 31, Deed 32, Deed 36 (grantor reserves right to install fences)
“…a perpetual right and easement for the flowage of water over and upon the land hereinafter described, the same being situated within the boundaries of the Sutter Bypass as fixed by resolution of said Reclamation Board passed January 6th 1914, for all of the purposes of such by-pass and in accordance with the general plan of flood control approved by said act. The said second party may clear any or all of said land and keep the same clear of any or all timber, brush, undergrowth, weeds, tules or other obstructions of any and every kind, whether natural or artificial, which will or may interfere with the free flow of water through said by-pass, and may level off or grade said land from time to time in such manner and at such places as may in the judgment of said Reclamation Board be necessary or proper to permit or promote the free flow of water through said by-pass, and may use said land for the free flow of water over and upon the same in or through said by-pass, and by itself or its employees agents or contractors, or other persons acting under authority of said Reclamation Board, may enter upon said land with all such men, teams, dredgers, machines, tools, appliances and apparatus as may be found necessary or convenient for any of the purposes aforesaid.”
Deed 818 (SSJDD is grantor in this deed) mineral, borrow rights, and ingress and egress rights were also reserved in this deed.
“Reserving to Grantor, its successors and assigns, the perpetual right and easement, without recourse to compensation for damage therefrom, past present or future, for the inundation, flooding, free and unrestricted flowage and passage of the flood waters of the Sutter By-Pass on, over and upon the above described real property.”
Deed 1003 (SSJDD is grantor in this deed) borrow rights and mineral rights were also reserved in this deed.
“Reserving, however, to grantor, the Sacramento and San Joaquin Drainage District, and its successors and assigns, the following:
A perpetual right and easement, without recourse to compensation for damage therefrom, for the passage of all waters of the Sacramento River Flood Control Project, over and upon and across all of said above described property. And said right and easement shall include the right in said grantor, the Sacramento and San Joaquin Drainage District, its successors and assigns, to clear any and all of said land, and to keep the same clear of any and all timber, brush, undergrowth, weeds, tules, or other obstructions, natural or artificial, to the free flow of water of any and all descriptions, and said right and easement shall also include the right in said district, its successors and assigns, to enter by itself or by its employees, agents or contractors, or other persons or agencies acting under its authority, upon said land at any and all times with all such men, teams, dredgers, machines, tools, appliances and apparatus as may be found necessary or convenient for any of the purposes aforesaid.
Grantee, his heirs and assigns, to have and to hold the land herein described, granted and conveyed on conditions that if ditches or embankments are constructed on said land which will obstruct the free flow of water over said land or if said land or any part thereof is used or operated in such a manner as to cause or permit growth of timber, brush or tules thereon which will obstruct the free flow of water over said land, then grantor its successors or assigns, or the State of California may enter on said land and do any and all things necessary to destroy or remove said obstructions to said free flow of water over said land, and shall have the power to sell said land or so much thereof as shall be necessary to pay for said expenditures including all costs of sale; and in the event said land cannot be sold or cannot be sold for a price which will pay all said expenditures, grantor, or its successors or assigns, or the State of California shall have the power to enter and terminate the fee simple or other estate, right or Interest thereby conveyed and upon exercising said power the fee simple title or other estate, right or interest hereby conveyed shall vest in grantor, its successor or assigns, or the State of California.”
Deed 1770 (USA vs 141.30 acres of land, SSJDD). Deed 2136 (USA vs 158.42 acres of land, SSJDD) road access and minerals also reserved to SSJDD.
“Subject only to the following described rights and easements:
(d) The right and easement for the benefit of the Sacramento and San Joaquin Drainage District for passage of all waters of the Sacramento River Flood Control Project over, upon, and across the property described herein, together with the rights to clear any and all of said land, and to keep the same clear of any and all timber, brush, undergrowth, weeds, tules, or other obstructions, natural or artificial, to the free flow of water of any and all times with all such men, teams, machines, tools, appliances and appurtenances as may be found necessary or convenient for any of the purposes aforesaid, and for the further purposes of taking from said lands material for the construction and maintenance of a levee and appurtenant works.”
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