This water right does not appear in California's eWRIMS database. The holder likely has not filed
a Statement of Diversion and Use with the State Water Resources Control Board. Pre-1914 rights are
only in eWRIMS if holders voluntarily filed — many have not, making these rights less visible to the state.
Pre-emption of right of way and Location of water. To whom these presents may concern Know ye; That we William R. Brown and Frank E. Brown of the county of Modoc in the State of California Citizens of the United States, do hereby declare and publish as a legal notice to all the world that we claim and have a Valid right to the occupation possession and enjoyment of to all and singular all that tract or parcel of land lying and being in the County of Modoc in the State of California for the exclusive right of way for the purpose of constructing a flume or water ditch from 'Aroyo Chico Creek'.
Notes: Dated June 5, 1905 but not recorded until April 1, 1909 — nearly 4 years later! Combines right-of-way claim with water appropriation. Brown Bros = partnership. Legal language includes 'hereditaments and appurtenances.' Ditch commenced at stream June 5, 1905. Witnessed June 9, 1905 by Milton E. Smith and John H. Doly. Recorded at request of L.S. Smith. T46N R6E is far NW Modoc County near Oregon border.