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6.0 Leaal Storaae of Water <br />Water shall not be impounded in the reservoir except pursuant to lawful diversions allowed by <br />statute or decree. At all other times, all inflow of water into the reservoir from any source, <br />including precipitation and ground water inflows shall be removed by the applicant. The <br />water can be removed by draining, pumping, or other means, and released to the stream <br />system, without use by the applicant in any manner. The applicant shall install the necessary <br />measuring devices, including but not limited to, staff gauges in the reservoir and account on a <br />monthly basis (or more frequently if required) for inflow and outflow, evaporation, <br />precipitation, change in storage and any seepage. Prior to making any storage right <br />absolute, the applicant shall develop and submit to the Division Engineer graphs showing <br />height- storage relationships. Under no circumstance may the applicant withdraw more water <br />from the reservoir than the measured inflow with appropriate evaporation and seepage <br />losses being deducted. <br />7.0 Retained Jurisdiction <br />The Water Court shall retain jurisdiction to address injury to water rights caused by failure of <br />the liner that results in ground water inflow exceeding the Performance Standard. Upon a <br />prima facie showing by the State or Division Engineer or the party invoking the retained <br />jurisdiction that such exceedence of the Performance Standard is occurring, and that <br />reasonable efforts to correct the problem have been unsuccessful, and that injury to water <br />rights is being caused thereby, the Water Court will proceed to hear evidence regarding the <br />additional terms and conditions, or limitations and restrictions, that should be imposed upon <br />the operation of the pit. <br />Lining Criteria for Gravel Pits.doc 3 08/16/99 <br />