Free Response to Cross Motion - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

Document 47-2

Filed 09/12/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

SACRAENTO GRAZING
ASSOCIATION, INC., JAMES GOSS, FRANCES GOSS, JUSTIN GOSS AND GOSS BRENNA
Plaintiffs,
vs.

)
)

)
)

) Case No. 04-786 L
)

) Judge Susan G. Braden
) ) ) )
)

UNITED STATES OF AMERICA,
Defendant.

) )

PLAINTIFFS' RESPONSE TO DEFENDANT'S FIRST SET OF REQUESTS FOR
ADMISSION, INTERROGATORIES, AND PRODUCTION OF DOCUMENTS.

Pursuant to Rule 34, Rules of

the United States Court of

Federal Claims, Plaintiff

Sacramento Grazing Association, Inc., James Goss, Frances Goss, Justin Goss and Brenna Goss,
SGA'S RESPONSE TO DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSION, INTERROGATORIES, AND PRODUCnON OF DOCUMENTS

Case 1:04-cv-00786-SGB

Document 47-2

Filed 09/12/2008

Page 2 of 3

INTERROGATORY 8
(a) Please identify all ditches claimed to be constructed by plaintiffs or their predecessors in

interest to convey water over the public lands in accordance with the Mining Act of 1966. For
each of the claimed ditches, identify the date of construction, the person who constructed the

ditch, the location of the ditch, the type of construction, the dimensions of the ditch, the cost of
construction, the specific uses by the plaintiffs of each ditch right-of-way and the water
tranported therein at any time since plaintiffs acquisition of

the Goss Ranch, the statutory grant

or authorization under which you claim the ditch was constructed, and any authorization received
for construction.

RESPONSE TO INTERROGATORY 8(a):

Plaintiffs object to this interrogatory because it contains subparts. Notwithstanding said

objection, and while reserving it, Plaintiffs answer as follows. Oliver Lee commenced
construction in 1897 of a ditch with a headgate located in the Sacramento River channel

approximately in the SW1/4NW1I4 Sec. 10, T.19S., RI2E. The costs of construction are
unkown. The ditch traverses the western slope of

the Sacramento Mountain for approximately

nine miles till it enters the "Upper Juniper Reservoir." At the time, the ditch had a recorded
capacity of 1-112 feet wide on the bottom; 5 feet wide on the top; and 10 718 inches deep, with a
carring capacity of 264 miners inches. The ditch was authorized under the Mining Act of 1866

(43 U.S.C. § 661) Additional ditches then transport the water to tans for use in stock watering,
domestic, and irrigation. Since the acquisition of the Goss Ranch, the Plaintiffs have used the
ditch in the same maner as described above for the purpose of stock watering.

SGA'S RESPONSE TO DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSION, INTERROGATORIES, . AND PRODUCTION OF DOCUMNTS 21

Case 1:04-cv-00786-SGB

Document 47-2

Filed 09/12/2008

Page 3 of 3

INTERROGATORY 8
(b) For each ditch, please state whether you contend that defendant has interfered with the

flow of water through any of the ditches. It yes, for each ditch, please describe the interference,
identify the person(s) who interfered with the flow of

water through the ditch, the date(s) when
any persons who witnessed the interference.

the interference(s) occurred, and the names of

RESPONSE TO INTERROGATORY 8(b):

Plaintiffs object to this interrogatory because it contains subparts. Notwithstanding said objection, and while reserving it, Plaintiffs answer as follows. No
INTERROGATORY 9 Do you contend that defendant has interfered with maintenance or repair of any of
plaintiffs' alleged ditch rights of way on federal

lands? If so, please state in detail every action of

defendant which you contend prevented plaintiffs from performing ditch repair or maintenance
on such ditch, the date of the interference, the names of any witnesses to the interference, and the
location of the ditch.

RESPONSE TO INTERROGATORY.9: No.

INTERROGATORY 10
Please describe the entire factual basis to support plaintiffs' contention in paragraph 8 of

the Amended Complaint. Please include in your response, the date(s) of acquisition, the propert
acquired on the date(s) of accusation, the consideration that you paid (please separate out for the

,,/

) 22

SGA'S RESPONSE TO DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSION, INTERROGATORIES, AND PRODUCnON OF DOCUMENTS