Rank v. Krug Collection csf.2010.001

Processing of this collection was funded by the Andrew W. Mellon Foundation, and administered by the Council on Library and Information Resources (CLIR), Cataloging Hidden Special Collections and Archives program.
Special Collections Research Center, California State University, Fresno
5200 North Barton Avenue, M/S ML 34
Fresno, CA, 93740-8014
(559) 278-2595
specialc@listserv.csufresno.edu
12/23/2011


Title: Rank v. Krug
Identifier/Call Number: csf.2010.001
Contributing Institution: Special Collections Research Center, California State University, Fresno
Language of Material: English
Physical Description: 9.0 Linear feet
Date: 1947-1967
Photographs: In box 10.
creator: Rank, Everett
creator: Rowe, Claude

Access

The collection is open for research.

Copyright

The library can only claim physical ownership of the collection. Users are responsible for satisfying any claimants of literary property.

Acquisition

The collection was donated by Ginny Rank Hovsepian in 2010.

Processing information note

Processing of the Rank v. Krug Collection was generously funded by the Andrew W. Mellon Foundation, and administered by the Council on Library and Information Resources (CLIR). The Henry Madden Library, California State University, Fresno was awarded a Cataloging Hidden Special Collections and Archives grant from 2010-2012, "Uncovering California's Environmental Collections," in collaboration with eight additional special collections and archival repositories throughout the state and the California Digital Library (CDL). Grant objectives included processing of over 33 hidden collections related to the state's environment and environmental history. The collections document an array of important sub-topics such as irrigation, mining, forestry, agriculture, industry, land use, activism, and research. Together they form a multifaceted picture of the natural world and the way it was probed, altered, exploited and protected in California over the twentieth century. Finding aids are made available through the Online Archive of California (OAC).

Scope and Content note

The Rank v. Krug collection measures 9 linear feet and consists of eleven series; Case documents, Clippings, Indentures, Interior Department and Congressional documents, Publications, reports and statistics, Related cases, Water applications, protests and complaints, Water districts, Miscellaneous, Maps and Photographs.
The Case documents series (1935, 1945-1957, 1960-1963 and undated) contains the bulk of the collection and consists of materials created during the course of the Rank v. Krug case, including court reporters' transcripts, exhibits, complaints and judgments.
The Clippings series (1935, 1947-1952, 1961, 1963, 1980, 2006 and undated) consists of newspaper clippings related to the Rank v. Krug case as well as clippings about other related cases and water policy.
The Indentures series (1929-1951) consists of bond indenture documents from local landowners and water associations.
The Interior Department and Congressional documents series (1947, 1951-1952, 1958, 1960-1963, 1979 and undated) is made up of contracts from the Bureau of Reclamation, Congressional hearings and reports, and Department of the Interior memoranda and press releases.
The Publications, reports and statistics series (1909, 1938, 1943, 1945, 1950-1955, 1958-1963, 2006 and undated) contains documents relating to irrigation, conservation, flood control and other water usage information for the area covered by the Central Valley Project as well as other Bureau of Reclamation projects.
The Related cases series (1933, 1950-1952, 1956-1958, 1960-1963 and undated) is made up of court documents from cases similar to Rank v. Krug as well as other water and Interior Department related cases in the same geographical area.
The Water applications, protests and complaints series (1931, 1945, 1948, 1951-1962, 1969-1970, 1973 and undated) contains requests and protests by various local governments and water agencies for access to local water sources.
The Water districts series (1957-1962 and undated) consists of materials related to the Fresno County Water District as well as various organizations representing local water districts.
The Miscellaneous series (1950-1954, 1958, 1960-1962, 1980-1981 and undated) contains three folders of documents unrelated to other series. This includes California state legislature documents, Claude Rowe correspondence unrelated to Rank v. Krug and miscellaneous materials related to unidentified court cases.
The Maps series (1877, 1927, 1936, 1938-1939, 1944, 1946, 1948, 1950-1952, 1954 and undated) contains maps relating to Bureau of Reclamation and state water projects, local water districts, precipitation and water flow rates and the San Joaquin River.
The Photographs series (1947, 1950-1953 and undated) contains photographs of irrigation and farming operations represented in the Rank v. Krug case as well as general views of the San Joaquin River.

History

The Rank v. Krug case originated with the construction of the Central Valley Project in California. Friant Dam was constructed on the San Joaquin River as part of the project with the purpose of diverting water from the river into the Madera and Friant-Kern Canals in order to irrigate lands in the Valley which had no nearby source of irrigation water. Seeing that their own irrigation water might be threatened, two hundred downstream landowners protested the construction of the dam and canals. The Bureau of Reclamation, who managed the project, attemped to assuage the concerns of the landowners, however it became readily apparent as construction of the dam neared completion and Millerton Lake began to fill that stream flows would be heavily impacted. In 1947, Everett G. Rank and twelve of his fellow riparian landowners filed a lawsuit to stop the water diversions in the Fresno County Superior Court against Secretary of the Interior Julius Krug and several Bureau of Reclamation officials. The group organized as the San Joaquin River Riparian Owners Association and soon hundreds of other downstream landowners and the City of Fresno were added as plaintiffs. They hired local attorney Claude Rowe to represent them and the case was soon transferred to a federal court. Rowe's main argument was that the water in the San Joaquin River belonged to the state of California and the federal government did not have a right to it without filing for a permit. Presiding judge Person M. Hall issued a temporary injunction to halt the water diversions. The Bureau found a way around this injunction and increased diversions as the Madera Canal was completed in 1950.
In 1956, a decision was made by Judge Hall in favor of the landowners, stating that the Bureau was illegally storing water that belonged to the state of California, and which the plaintiffs had a right to. The Bureau of Reclamation was ordered to build impoundment dams to alleviate the lack of water downstream from the dam, as well as provide compensation for the landowners. In response to this the Bureau appealed the ruling, in addition to applying for a water rights permit from the state of California. The California Department of Fish and Game attempted to thwart the Bureau in this attempt, but were overruled by the governor.
In 1962, the Ninth Circuit Court of Appeals heard the bureau's appeal (Dugan v. Rank) and decided the case was adminstrative in nature and could not be decided in court. In response to this, both the City of Fresno and the Department of the Interior asked for a Supreme Court review. The Supreme Court heard the case and decided in favor of the Bureau of Reclamation, arguing that the federal government could seize the water rights of the landowners through eminent domain, though it would have to compensate the landowners for the loss in value of their property. This decision effectively ended the efforts of Rank and his neighbors to secure their water rights.

Preferred Citation

Rank v. Krug Collection. Special Collections Research Center, Henry Madden Library, California State University, Fresno.

Subjects and Indexing Terms

Rank-Hovsepian, Ginny
Uncovering California's Environmental Collections Project

 

Case documents

General Physical Description note: Boxes 1-7
 

Addendum to plan for physical solution 1952

General Physical Description note: Box 1
 

Affidavits 1951-1952

General Physical Description note: Box 1
 

Appeals

General Physical Description note: Box 1
 

Brief for appellee 1961

General Physical Description note: Box 1
 

Designation of record on appeal undated

General Physical Description note: Box 1
 

Dugan v. Rank 1961-1963

General Physical Description note: Box 1
 

Miscellaneous 1960

General Physical Description note: Box 1
 

Complaints

General Physical Description note: Box 1
 

Amendments and supplements 1949-1954

General Physical Description note: Box 1
 

Amendments and supplements to complaints in intervention 1953-1954

General Physical Description note: Box 1
 

Ancillary complaint for injunction or in the alternative for a writ of prohibition 1955

General Physical Description note: Box 1
 

Complaints in intervention 1951-1952

General Physical Description note: Box 1
 

Original complaint 1947

General Physical Description note: Box 1
 

Demands 1951

General Physical Description note: Box 1
 

Depositions 1954

General Physical Description note: Box 1
 

Exhibits 1935, 1945 and undated

General Physical Description note: Box 1
 

Findings of fact and conclusions of law

General Physical Description note: Boxes 1-2
 

Amended and corrected 1957

General Physical Description note: (2 folders) Box 1
 

Annotated 1956

General Physical Description note: Box 1
 

Original findings and conclusions 1956

General Physical Description note: (2 folders) Box 1
 

Proposed 1956

General Physical Description note: (3 folders) Boxes 1-2
 

Hollister Land and Cattle Company v. Krug

General Physical Description note: Box 2
 

Affidavits 1950-1951

General Physical Description note: Box 2
 

Reporter's transcript 1951

General Physical Description note: Box 2
 

Judgment

General Physical Description note: Box 2
 

Conformed copies 1957

General Physical Description note: (3 folders) Box 2
 

Corrected and amended 1957

General Physical Description note: Box 2
 

Entry judgment against the United States undated

General Physical Description note: Box 2
 

Proposed 1956

General Physical Description note: Box 2
 

Miscellaneous 1957

General Physical Description note: (2 folders) Box 2
 

Memoranda undated

General Physical Description note: Box 2
 

Opening brief undated

General Physical Description note: Box 2
 

Opening statement 1951

General Physical Description note: Box 2
 

Order rejecting in part and striking in part "suggestion" filed in the name of the United States 1954

General Physical Description note: Box 2
 

Orders admitting plaintiffs 1952

General Physical Description note: Box 2
 

Party admissions and substitutions

General Physical Description note: Box 2
 

Party substitutions 1953

General Physical Description note: Box 2
 

Requests for party admissions 1954 and undated

General Physical Description note: Box 2
 

Pleadings

General Physical Description note: Box 2
 

Appeal 1961-1962

General Physical Description note: Box 2
 

Original case 1957

General Physical Description note: (2 folders) Box 2
 

Reporter's transcripts

General Physical Description note: Boxes 3-6
 

April 29 1948

General Physical Description note: Box 3
 

July 29 1949

General Physical Description note: Box 3
 

Pre-trial conference 1951-1952

General Physical Description note: (2 folders) Box 3
 

January 1952

General Physical Description note: (2 folders) Box 3
 

February 5-13 1952

General Physical Description note: (3 folders) Box 3
 

February 14-21 1952

General Physical Description note: (2 folders) Box 3
 

March 1952

General Physical Description note: (3 folders) Boxes 3-4
 

April 1-9 1952

General Physical Description note: (3 folders) Box 4
 

April 10-29 1952

General Physical Description note: (3 folders) Box 4
 

May 6-21 1952

General Physical Description note: (3 folders) Box 4
 

May 21-30 1952

General Physical Description note: (3 folders) Boxes 4-5
 

June 4-20 1952

General Physical Description note:
 

July 8-23 1952

General Physical Description note: (3 folders) Box 5
 

July 24-31 1952

General Physical Description note: (2 folders) Box 5
 

August 12-22 1952

General Physical Description note: (3 folders) Boxes 5-6
 

April 7-10, 14-16 1953

General Physical Description note: (4 folders) Box 6
 

May 13-15, 26-29 1953

General Physical Description note: (3 folders) Box 6
 

June 1953

General Physical Description note: (3 folders) Box 6
 

Rowe, Claude

General Physical Description note: Box 7
 

Closing things to do undated

General Physical Description note: Box 7
 

Correspondence 1950, 1953, 1960 and undated

General Physical Description note: Box 7
 

Handwritten notes undated

General Physical Description note: Box 7
 

Statements undated

General Physical Description note: Box 7
 

Subpeonas 1952

General Physical Description note: Box 7
 

Summons 1947-1948, 1953

General Physical Description note: Box 7
 

Testimony 1951

General Physical Description note: Box 7
 

Miscellaneous undated

General Physical Description note: (2 folders) Box 7
 

Clippings

General Physical Description note: Box 7
 

Central Valley Project miscellaneous 1948-1952 and undated

General Physical Description note: Box 7
 

Colorado River and Southern California 1948-1952 and undated

General Physical Description note: Box 7
 

Columbia River 1948 and undated

General Physical Description note: Box 7
 

Feather River Project 1961

General Physical Description note: Box 7
 

Kern County 1947-1952 and undated

General Physical Description note: Box 7
 

Kings and Tulare Counties 1947-1948, 1952, 1963 and undated

General Physical Description note: Box 7
 

Kings River and Pine Flat Dam 1947-1951 and undated

General Physical Description note: Box 7
 

Rank v. Krug 1950-1952 and undated

General Physical Description note: Box 7
 

Reclamation miscellaneous 1947-1949, 1952, 1961-1962, 1980 and undated

General Physical Description note: Box 7
 

San Joaquin River and Friant Dam 1935, 1948-1953, 2006 and undated

General Physical Description note: Box 7
 

Indentures

General Physical Description note: Box 7
 

Kings River Water Association water right indenture agreement 1949

General Physical Description note: Box 7
 

Miller and Lux indentures and conveyances 1929-1951

General Physical Description note: (3 folders) Box 7
 

Interior Department and Congressional documents

General Physical Description note: Box 7
 

Bureau of Reclamation contracts

General Physical Description note: Box 7
 

City of Fresno 1960-1963

General Physical Description note: Box 7
 

Duane M. Folsom, Bertha Folsom and E. Florence Folsom undated

General Physical Description note: Box 7
 

Kings River Conservation District 1952

General Physical Description note: Box 7
 

Congressional Record, House of Representatives, proceedings and debates of the 96th Congress, First Session 1979

General Physical Description note: Box 7
 

Department of the Interior memoranda 1947, 1961 and undated

General Physical Description note: Box 7
 

Department of the Interior press releases 1961

General Physical Description note: Box 7
 

New Melones Reservoir hearing 1960

General Physical Description note: Box 7
 

Opinion of the Attorney General on the Flood Control Act of 1944 - Isabella and Pine Flat projects - reclamation laws 1958

General Physical Description note: Box 7
 

U.S. Senate hearings - adjudication of water rights 1951

General Physical Description note: Box 7
 

U.S. Senate report - "Authorizing Suits Against the United States to Adjudicate and Administer Water Rights" 1951

General Physical Description note: Box 7
 

Publications, reports and statistics

General Physical Description note: Boxes 7-8
 

Boyer, M.C., "Water Needs of Fresno County East of Fresno Slough" 1963

General Physical Description note: Box 7
 

California annual livestock report 1952-1953

General Physical Description note: Box 7
 

Central Valley Project

General Physical Description note: Box 7
 

East Side Division, discussion of the need for a supplemental water supply 1960

General Physical Description note: Box 7
 

East Side Division report on the feasibility of water supply development 1962

General Physical Description note: Box 7
 

City of Fresno

General Physical Description note: Box 7
 

Fresno recreation 1958

General Physical Description note: Box 7
 

Well data 1955, 1959

General Physical Description note: Box 7
 

County of Fresno, interim report of Fresno County water resources 1958

General Physical Description note: Box 7
 

County of Madera, agricultural crop report 1945

General Physical Description note: Box 7
 

Emerson, Burnham, "State Water Rights" 1961

General Physical Description note: Box 7
 

Feather River Project Association Newsletter 1962

General Physical Description note: Box 7
 

Goldberg, B. Abbott, "Some of the Current Controversies in California Water Law" 1961

General Physical Description note: Box 7
 

Goodcell Jr., Rex B., "Ground Water Basin Management" 1961

General Physical Description note: Box 7
 

The Grasslands Water Summary 1963

General Physical Description note: Box 7
 

Importance of Water Resources Development undated

General Physical Description note: Box 7
 

Kennedy, Harold W., "Federal-State Water Rights Controversy" 1962

General Physical Description note: Box 8
 

Krieger, James H., "Ground Water Regulation - State or Local" 1961

General Physical Description note: Box 8
 

List of property owners downstream from Friant Dam undated

General Physical Description note: Box 8
 

Portrait of a River 2006

General Physical Description note: Box 8
 

Preliminary Report on the Fishery Resources of California in Relation to the Central Valley Project undated

General Physical Description note: Box 8
 

San Joaquin River Riparian Lands Water Supplies and Water Requirements 1951, 1954

General Physical Description note: Box 8
 

States Rights in Water Law 1963

General Physical Description note: Box 8
 

Survey of Pumping Plants in Kings River 1954

General Physical Description note: Box 8
 

Twining Laboratories research 1943, 1951-1952, 1958

General Physical Description note: Box 8
 

U.S. Department of Commerce, Weather Bureau, "Mean Monthly and Annual Evaporation, From Free Water Surface for the United States, Alaska, Hawaii and West Indies" undated

General Physical Description note: Box 8
 

Untitled report on San Joaquin Valley Project undated

General Physical Description note: Box 8
 

Well data 1952-1954 and undated

General Physical Description note: Box 8
 

Miscellaneous Department of the Interior reports and statistics undated

General Physical Description note: Box 8
 

Miscellaneous reports 1938, 1952 and undated

General Physical Description note: Box 8
 

Miscellaneous statistics 1909, 1938, 1950-1952 and undated

General Physical Description note: Box 8
 

Related cases

General Physical Description note: Boxes 8-9
 

City of Fresno v. Edmonston undated

General Physical Description note: Box 8
 

City of Fresno v. Southern California Edison 1956

General Physical Description note: Box 8
 

History of decisions on the San Joaquin River undated

General Physical Description note: Box 8
 

Nevada v. United States 1958

General Physical Description note: Box 8
 

Northern California Fisheries Association v. Krug 1950

General Physical Description note: Box 8
 

Orange Cove Irrigation District v. All Persons Interested 1960

General Physical Description note: Box 8
 

Public hearing in Medford, Oregon on alternative plans for development of the water resources of the Rogue River Basin, Oregon 1958

General Physical Description note: Box 8
 

San Joaquin and Kings River Canal and Irrigation Company, Inc. v. Madera Irrigation District 1933

General Physical Description note: Box 8
 

Turner v. Kings River Conservation District

General Physical Description note: Boxes 8-9
 

Affidavits 1952, 1962-1963

General Physical Description note: Box 8
 

Attorney fees 1961-1963

General Physical Description note: Box 8
 

Correspondence 1963

General Physical Description note: Box 8
 

Complaints

General Physical Description note: Boxes 8-9
 

Amendments 1961-1963

General Physical Description note: Box 8
 

Drafts 1961 and undated

General Physical Description note: Box 8
 

Original complaints 1962

General Physical Description note: Box 9
 

Motions 1962-1963 and undated

General Physical Description note: Box 9
 

Pleadings 1962 and undated

General Physical Description note: Box 9
 

Stipulations 1963

General Physical Description note: Box 9
 

Substitution of attorneys 1963

General Physical Description note: Box 9
 

Miscellaneous 1961, 1963 and undated

General Physical Description note: Box 9
 

United States of America v. Fallbrook Public Utility District

General Physical Description note: Box 9
 

Complaint and supplementary and amendatory complaint 1958

General Physical Description note: Box 9
 

Miscellaneous 1957-1958 and undated

General Physical Description note: (2 folders) Box 9
 

Miscellaneous cases 1957, 1961-1962 and undated

General Physical Description note: Box 9
 

Water applications, protests and complaints

General Physical Description note: Box 9
 

City of Fresno application for East Side Canal Project water 1962

General Physical Description note: Box 9
 

City of Fresno applications 14608 and 14609 1953

General Physical Description note: (2 folders) Box 9
 

City of Fresno San Joaquin River applications 1931, 1945, 1956-1960

General Physical Description note: Box 9
 

City of Fresno water rights application appeal 1953-1957

General Physical Description note: Box 9
 

City of Fresno miscellaneous applications 1951, 1953, 1956 and undated

General Physical Description note: Box 9
 

City of Los Angeles applications 1948, 1951

General Physical Description note: Box 9
 

Kern County applications 1954

General Physical Description note: Box 9
 

Later Rank complaints against the Bureau of Reclamation 1973

General Physical Description note: Box 9
 

San Joaquin Canal Company application 1945

General Physical Description note: Box 9
 

State Water Rights Board hearing 1961

General Physical Description note: Box 9
 

U.S. Bureau of Reclamation applications 1951-1953

General Physical Description note: Box 9
 

Miscellaneous 1952-1953, 1958, 1969-1970 and undated

General Physical Description note: Box 9
 

Water districts

General Physical Description note: Box 9
 

Irrigation Districts Association of California 1957-1959, 1961

General Physical Description note: Box 9
 

Fresno County Water District

General Physical Description note: Box 9
 

Background information on proposed district 1959-1961

General Physical Description note: Box 9
 

Proposed Fresno County water agency bill 1962

General Physical Description note: Box 9
 

Water Resources Committee of the Fresno County and City Chamber of Commerce 1957-1960 and undated

General Physical Description note: Box 9
 

Miscellaneous

General Physical Description note: Box 10
 

California State Legislature, Joint Committee on Water Problems 1958

General Physical Description note: Box 10
 

Rowe, Claude, non Rank v. Krug correspondence 1960-1961

General Physical Description note: Box 10
 

Miscellaneous 1950-1954, 1960-1962, 1980-1981 and undated

General Physical Description note: Box 10
 

Maps

General Physical Description note: [oversize: in Map Case F, Drawer 13] Box 10
 

Area represented by Rank v. Krug case undated

General Physical Description note: Box 10
 

California state water development plans 1927, 1954 and undated

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

California miscellaneous undated

General Physical Description note: Box 10
 

Central Valley Project 1944, 1950, 1952 and undated

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

City of Fresno 1946, 1952

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

Distribution of precipitation in California undated

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

Fresno County miscellaneous undated

General Physical Description note: Box 10
 

Feather River Project undated

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

Forested area and stream gauging stations in California undated

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

Grass Lands Water Association Incorporated 1948

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

Groundwater units in the San Joaquin Valley undated

General Physical Description note: Box 10
 

Salt Slough area undated

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

San Joaquin River 1938-1939, 1950-1952

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

Topographic maps of San Joaquin River drainage 1950-1951

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

Tranquility Irrigation District 1936

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

Water districts in the Southern San Joaquin Valley undated

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

Western Canal System, Colgate Division undated

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

West Side Irrigation District 1877

General Physical Description note: [oversize: in map case F, drawer 13] Box 10
 

Photographs

General Physical Description note: Box 10
 

Rank, Everett G. 1950

General Physical Description note: Box 10
 

San Joaquin River

General Physical Description note: Box 10
 

Aerial views 1950

General Physical Description note: Box 10
 

Farms 1951-1952

General Physical Description note: Box 10
 

Highway 41 bridge undated

General Physical Description note: Box 10
 

Irrigation 1951-1952

General Physical Description note: Box 10
 

Salmon undated

General Physical Description note: Box 10
 

Skaggs bridge 1953 and undated

General Physical Description note: Box 10
 

Unidentified bridge 1953

General Physical Description note: Box 10
 

Miscellaneous 1947, 1951, 1953

General Physical Description note: Box 10
 

Washington D.C. undated

General Physical Description note: Box 10