Flagstaff Water History, Mormon Lake and Anderson Mesa, 1958-1974 Descript: 1 box, 5 linear in.

I. Folder: City of Flagstaff application to obtain water rights to Mormon Lake, 1958 Notice of Application by the City of Flagstaff to the State Land Department to appropriate water from Mormon Lake for the municipal water supply, dated July 25, 1958. 1 sheet Letter from Donald LeMaster, Water Division, Arizona State Land Department, Phoenix, Arizona, to the City of Flagstaff, August 8, 1958, with the inclusion of two protest letters concerning the Mormon Lake water application made by the City of Flagstaff; letters are from Belle Butler and L.E. Matteson. 4 pages Letter from Donald LeMaster, Water Division, Arizona State Land Department, Phoenix, Arizona, to the City of Flagstaff, August 11, 1958, with the inclusion of four protest letters concerning the Mormon Lake water application made by the City of Flagstaff; letters are from F. Drew Morey, Bonnie Voreige(?), Marie Tombler, and M.L. Thornbury. 6 pages Letter from Donald LeMaster, Water Division, Arizona State Land Department, Phoenix, Arizona, to the City of Flagstaff, August 12, 1958, with the inclusion of five protest letters concerning the Mormon Lake water application made by the City of Flagstaff; letters are from Mrs. J.C. Jayne, Ralph Dixon, Arthur Meinhardt, Pilgrim Playground, V.R. Beauchemin, and Herman and Bertha Fricke. 6 pages Letter from Donald LeMaster, Water Division, Arizona State Land Department, Phoenix, Arizona, to the City of Flagstaff, August 13, 1958, with the inclusion of three protest letters concerning the Mormon Lake water application made by the City of Flagstaff; letters are from Robert Sues, Mrs. Robert Sues, and Hazel Carter, Montezuma Lodge Store. 4 pages Letter from Donald LeMaster, Water Division, Arizona State Land Department, Phoenix, Arizona, to the City of Flagstaff, August 14, 1958, with the inclusion of three protest letters concerning the Mormon Lake water application made by the City of Flagstaff; letters are from Everett Luther, Chairman, North Congregational Church, Jesse and Mary McComb, and John Herrscher. 4 pages Letter from Donald LeMaster, Water Division, Arizona State Land Department, Phoenix, Arizona, to the City of Flagstaff, August 19, 1958, with the inclusion of seven protest letters concerning the Mormon Lake water application made by the City of Flagstaff; letters are from John Sandige, V.W. Hawkins, E.H. Caldwell, N.C. Jackson, E.L. Caldwell, Encanto Community Church, and D.L. Keck, Camp Manager of Pilgrim Playground. 9 pages Letter from Donald LeMaster, Water Division, Arizona State Land Department, Phoenix, Arizona, to the City of Flagstaff, August 22, 1958, with the inclusion of twenty-three protest letters concerning the Mormon lake water application made by the City of Flagstaff; letters are from Walter Germann, Ronald Wood, Harold and Mary Mitchell, Don Oliver, Louis and Beatrice Larson, Trinity Congregational Church, Philip Corley, Dorothy and John Robbins, Virginia and R.M. Hess, J.B. Matz, Laurel and Robert Brown, Dr. and Mrs. K.E. Steninger, a petition of sixty-nine signatures from property owners at Mormon Lake, Harvey Zorn, Mr. and Mrs. Benjamin Dickson, Ralph and Miriam Phillips, J. Ford Forsyth, L. L. Hammond, Mrs. Paul Volken, Mrs. Neil Anderson, Pink E. Lewis, Mrs. Wendell Shultz, and Leo(?) Garruth. 25 pages Letter from C.P. Niles, Flagstaff, to Platt Cline, Editor of the Arizona Daily Sun, Flagstaff, August 22, 1958, protesting the City of Flagstaff’s desire to use water from Mormon Lake. 2 pages Letter from R.J. Smith, Director, Arizona Game and Fish Department, Phoenix, Arizona, to Charles Saunders, Mayor of Flagstaff, August 26, 1958, urging the city to consider the recreational and economic benefits provided by Upper Lake Mary and Mormon Lake. He proposed the city consider the advisability of stipulating that after any diversion of water is made from Mormon Lake into Upper Lake Mary, an adequate water depth be maintained in Upper Lake Mary to permit a continuance of fisheries management each year as an aid in maintaining the recreational potential of the Flagstaff area. 2 pages Letter from Donald LeMaster, Water Division, Arizona State Land Department, to Mangum and Christensen, Attorneys at Law, Flagstaff, Arizona, September 22, 1958, granting a 60-day extension within which to reply to protests of the City of Flagstaff application for Mormon Lake water use. 1 page Letter from Jane Burns, Coconino County Board of Supervisors, to the Flagstaff City Council, September 26, 1958, enclosing a Resolution passed by the Coconino County Board of Supervisors at their September 2, 1958 meeting; copy of the Resolution in opposition to the City of Flagstaff’s application to divert water from Mormon Lake for municipal water use. 1 page, 2 pages

II. Application permits to appropriate public waters of the State of Arizona for the City of Flagstaff, from water sources on Anderson Mesa and adjacent watershed, August 17 and November 21, 1972. Thirty-six applications to divert water from thirty-four lakes and two tanks located on Anderson Mesa, to Lake Mary by gravity flow through various canals. The water sources are deemed tributaries of the Little Colorado River watershed, on land. The applications were withdrawn May 17, 1974.

III. Supporting documentation for the Anderson Mesa water use application permits, 1972. U.S. Supreme Court Reports, State of Arizona vs State of California, reargued November 13-14, 1962, decided June 3, 1963, in regards to how much water each state has a legal right to use from the Colorado River and its tributaries. 5 pages Labor Standards Act, Federal Power Commission vs State of Oregon, Oregon State Game Commission in which the Commission granted a license for a power project to use non-navigable waters located on a federal reservation within Oregon. The Court of Appeals set aside the Commission’s order on the ground that Congress, by its public lands legislation, had transferred to the state such control over the use of non-navigable waters. The Supreme Court reversed the court below, taking the view that federal public lands legislation was inapplicable to reserved lands of the kind involved in the instant case, and that the Commission’s grant of the license was within the power and discretion vested in it by the Federal Power Act. 16 pages Federal Statutes: Chapter II Forest Service, Title 36 - Parks, Forests, and Memorials. Part 231 – Grazing: 231.3 Applications and permits, 231.4. Grazing preferences, and 231.9 Applications and permits, grazing preferences, and range improvements, are highlighted. 4 pages Federal Statutes: Chapter II National Forests, Establishment, Administration. Part 473 Revocation, modification, or vacation of orders or proclamations establishing national forests; Part 475 Purposes for which national forests may be established and administered; and Part 481Use of waters, are highlighted. 4 pages U.S. Supreme Court Reports, United States vs Grand River Dam Authority, argued May 17, 1960, decided June 13, 1960, in relation to developing hydroelectric power on the Grand River. 6 pages Handwritten notes on yellow legal pad paper referring to water appropriation within Arizona Statutes [sic]. 3 sheets Anderson Mesa Water Appropriation, City of Flagstaff: hand drawn picture on graph paper showing location of lakes on Anderson Mesa with township and range designations, and section numbers. Includes a handwritten description sheet listing township and range numbers. 1 large folded sheet, undated; 1 sheet yellow legal paper Application for a permit to appropriate public waters of the State of Arizona and/or to construct a reservoir and store water for beneficial use, made by the City of Flagstaff, signed by Leland McPherson, City Manager, City of Flagstaff, undated, 2 copies. Includes township and range numbers for each lake listed on yellow legal paper. 8 sheets Map of Anderson Mesa Addition Lake Sites, Watersheds, and Proposed Pipeline Route, Plate 6, Tremaine-Soldier Annex Feasibility Study by John Carollo Engineers, Phoenix, Arizona, shows lakes and tanks within township and range sections and includes the proposed pipeline routes to Upper Lake Mary. 1 sheet, 2 copies Lower Lake Mary, Arizona, United States, Department of the Interior, Geological Survey 7.5 Minute Series Topographic map, 1962. 1 large sheet, 2 copies Typed list of water wells in the Winslow area, with elevations. Undated. 1 sheet

IV. Correspondence, protests, and applications to appropriate public waters from the State of Arizona for the City of Flagstaff from water sources on Anderson Mesa and adjacent Little Colorado River watershed, 1972-1974. Letter from Fred Croxen, City Attorney, to the Water and Mineral Resources Division, Water State Land Department, Phoenix, Arizona, July 26, 1972 concerning 23 applications for a permit to appropriate water by the City of Flagstaff. 1 page Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, Phoenix, Arizona, to Fred Croxen, City Attorney, City of Flagstaff, August 3, 1972, concerning a telephone conversation in regard to the 23 applications for a permit to appropriate public waters of the State of Arizona. The applications were returned to the city because they needed to be submitted in duplicate on the printed application forms. 1 page Letter from Fred Croxen, City Attorney, to Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, Phoenix, Arizona, August 15, 1972, concerning the applications. 1 page Letters from Wm. Joe Melling, Water Rights Division, Arizona State Land Department, Phoenix, Arizona, November 3, 1972, concerning notices to be posted of applications No. A-4975 throughA-4991 to appropriate public waters on Anderson Mesa: Cecile Lake, Post Lake, Pickett Lake, Kathleen Lake, Indian Lake, Ashurst Lake, Lois Lake, Deep Lake, Potato Lake, McCormick Lake, Jolene Lake, Horse Lake, Als Lake, Beth Lake, Ashurst Run Lake, Little Dry Lake, Marshall Lake, Prime Lake, Fisher/Fry Lake, Edith Lake, Vail Lake, Cynthia Lake, and Campbell/Francis Lake. 23 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, Phoenix, Arizona, to Leland McPherson, City Manager, City of Flagstaff, November 21, 1972, with a copy of a protest letter by John Babbitt, President of Babbitt Ranches, concerning the applications to appropriate public waters on Anderson Mesa. 2 pages Letter from Fred Croxen, City Attorney, City of Flagstaff, to the Arizona State Land Department, Water Rights Division, Phoenix, Arizona, November 20, 1972, concerning the applications. Included is a receipt for $39.00 from the State of Arizona for an examination fee. 4 sheets Letter from Tupper, Rapp, Salcito & Schlosser, Attorneys at Law, Phoenix, Arizona, to Leland McPherson, City Manager, City of Flagstaff, November 30, 1972, representing the Marshall Lake Cattle Company, Inc. protesting applications to appropriate water from various lakes on Anderson Mesa for the City of Flagstaff; two copies of the protest are included. 6 sheets, 4 sheets Letter from Wm. Joe Melling, Director, Water Rights Division, State Land Department, Phoenix, Arizona, to Leland McPherson, City Manager, City of Flagstaff, December 4, 1972, enclosing a protest by H. Herbert Metzger, President of the Coconino Cattle Growers Association, to the applications to appropriate water on Anderson Mesa for the City of Flagstaff. 8 pages General reply by Fred Croxen, City Attorney, City of Flagstaff, to protests made to the city for Applications to Appropriate Water No. A-4969 through A-4991, dated December 22, 1972; includes the carbon copy names of those receiving the general reply. The general reply rejects the “reservation theory” of control of the various waters on Anderson Mesa. Includes a handwritten draft on yellow legal paper. 10 sheets, 3 copies of the reply Letters from the Water Rights Division, Arizona State Land Department, Phoenix, Arizona, to Leland McPherson, City Manager, City of Flagstaff, February 12, 1973, concerning notices to be posted for applications No. A-4995 through A-5007; Corner Lake, Pine Lake, Mud Lake, Boot Lake, Yaeger Lake, Cow Lake, Breezy Lake, Camillo Lake, Perry Lake, Long Lake North, Tony’s Tank, and Hennesy Tank. 13 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City of Flagstaff, February 26, 1973, enclosing the Protest by John G. Babbitt, President Babbitt Ranches, to the approval and granting of a permit to applications no. A-5003 Perry Lake, and no. A-5004 Ducksnest Lake. 1 page Protest documents from John G. Babbitt, President Babbitt Ranches, to the Water Division State Land Department, Phoenix, Arizona, February 22, 1973, includes: cover letter protesting applications A-5003 and A-5004; a protest from the U.S. Forest Service for applications A-4969 through A-4991, including a map of Anderson Mesa with identified lakes; a protest letter from Walter Drye; protests from the Arizona Game and Fish Department; and a protest from Paul Slayton, Flagstaff, Arizona. 18 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City Manager, City of Flagstaff, March 1, 1973, enclosing a protest by the Arizona Game and Fish Department, February 22, 1973. Game and Fish protest that Anderson Mesa is a major range for antelope, elk and deer, and the bodies of water are important to waterfowl and migratory birds. 3 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City Manager, City of Flagstaff, March 2, 1973, enclosing a protest by Virginia Webb, Soda Springs Ranch, her father Robert Finnie had run livestock in the area dating from 1881. 3 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City of Flagstaff, March 8, 1973, enclosing a protest by Walter Drye, who had a permit to run cattle on Anderson Mesa. 3 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City Manager, City of Flagstaff, March 8, 1973, enclosing a protest by the Coconino National Forest concerning applications A-4995 through A-5007; includes a map identifying the lakes. 4 pages, 1 sheet Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City Manager, City of Flagstaff, March 12, 1973, enclosing a protest by the Arizona Game and Fish Department concerning applications A-4995 thru A-5007. They contend that the use of the water on Anderson Mesa by the City of Flagstaff would adversely affect the wildlife resources of the area. 3 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City Manager, City of Flagstaff, March 14, 1973, enclosing a protest by Ernest Chilson, President of Bar-T. Bar Ranch Co., concerning application A-5000, Cow Lake. 5 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City Manager, City of Flagstaff, March 14, 1973, enclosing a protest by Ernest Chilson, President of Bar-T Bar Ranch Co., concerning application A-5000, Cow Lake. (duplicate copy) 5 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City Manager, City of Flagstaff, March 14, 1973, enclosing a protest by Aaron Drye, D-5 Ranches, concerning application A-4995 as it would conflict with his water rights. 3 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City Manager, City of Flagstaff, March 14, 1973, enclosing a protest by Paul Slayton, Diamond Cross brand, concerning applications A-5001, A-4998, and A-5005. 2 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City Manager, City of Flagstaff, March 26, 1973, enclosing a withdrawl of protest by Coconino National Forest to their protest of applications A-4969 thru A-4991. In lieu of the protest included is a Statement on Forest Service interests in the waters covered by the applications. The U.S. Forest Service, Southwestern Region, Coconino National Forest, advising the Arizona State Land Department that the Federal Government owns claim to the waters in question and does not concede a power to Arizona [sic] to regulate the rights of the United States to these waters. Includes two maps of the area with identified bodies of water. 6 pages, 2 sheets Memorandum from Fred Croxen, Flagstaff City Attorney, to the Flagstaff City Council, Water use and Utilization Commission, March 29, 1973, in which he summarizes that thirty-six applications to appropriate waters on Anderson Mesa were filed by the City of Flagstaff in November 1972, and that all applications were vigorously opposed by the U.S. Forest Service, the Arizona Game and Fish Commission, and all ranch and grazing permitee interests in or about the area concerned. He suggests the State Land Department hold a hearing to hear protests and for the City to defend its applications. He asks the City if it might consider not expending resources on attempts to appropriate water that would yield little water and/or to open a dialogue with the U.S. Forest Service to jointly develop the full potential of such lakes as Marshall, Vail, Horse, Potatoe and Al’s Lake to the mutual advantage of all concerned. Included is a copy of the Statement of the U.S. Forest Service, dated November 3, 1972, in which it states that the U.S. Government owns the land on which the water is located, and would be injured because the appropriation of this water by other than the landowner would interfere with the administration, management and use of the National Forest lands dependent of the waters in question. The waters on Anderson Mesa have been captured and made available for livestock and wildlife use by improvements owned by the U.S. Government. Attached is a table made by the U.S. Forest Service, listing each lake and tank on Anderson Mesa with application numbers, current estimated acre feet per anum , estimated foreseeable, and the dates when the land was reserved from the public domain. 5 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherson, City Manager, March 30, 1973, enclosing a protest by Arthur Perry on application A-5003, Perry Lake. Mr. Perry claims to have water rights to Perry Lake since 1939 for the purpose of stock watering. 2 pages Letter from Wm. Joe Melling, Director Water Rights Division, Arizona State Land Department, to Leland McPherosn, City Manager, April 4, 1973, enclosing a protest to applications A-4995 thru A-4999, A-5002, A-5006, and A-5007, by H. Metzger, President of Flying M Land and Cattle Co. Included are maps showing the boundaries of the ranch; a copy of the Water Location Notice, filed by Richard Metzger and signed by the Coconino County Recorder, January 5, 1915; a copy of the Quit-Claim Deed from Richard Metzger to Harry Metzger on September 10, 1947; and an informational description of Anderson Mesa: topography, vegetation, soil, and water or lack thereof. 16 pages Letter from Charles McClain, City Manager, City of Flagstaff, to W. J. Melling, Arizona State Land Department, May 17, 1974, to withdraw applications A-4969 thru A-4991, and A-4995 thru A-5007 for water rights at Anderson Mesa. 1 page Letter from Wm. Melling, Director Water Rights Division, Arizona State Land Department, to Charles McClain, City Manager, City of Flagstaff, May 24, 1974, acknowledging that the applications have been withdrawn effective May 17, 1974. Enclosed are returned copies of the withdrawn applications which were made in August and November of 1972, and a cover sheet. 2 pages, 3 stapled documents: applications A- 4969 thru A- 4991, 23 sheets plus cover letter; applications A-4969 thru A-4991, 23 sheets; applications A- 4495 thru A-5007, 26 sheets