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77 <br /> 1 MR. CAREY: There's no outlet drain fran 1 none of this water escaped the trench. <br /> 2 the Carey Pond. 2 MR. BECKWITH: Is that a question or an <br /> 3 MS. iPI'1ERBACfC-NORMANN: Okay. 3 argument? <br /> 4 MR. SINGLI;TARY: Okay. Moving along. 4 MR. SINGLETARY: I'm going to overrule <br /> 5 EXAMINATION 15 you. I don't like the way that question is phrased. <br /> 6 BY MR. JUSTUS: 1 6 MR. JUSTUS: Okay. <br /> 7 Q. Mr. Carey, John Justus for Snowcap. 7 MR. SINGLI;TARY: I'm going to overrule <br /> 8 First question is, you haven't done any seepage studies 8 you. <br /> 9 to identify where the seepage comes from? 9 Q. (BY MR. JUSTUS) Did any part of the 238 <br /> 10 A. Correct. 10 acre feet you suggested was run down to this area -- <br /> 11 Q. So you don't know what volume of water 11 wasn't applied to irrigation purposes on the lands <br /> 12 may or may not have seeped fran that pond in June of 12 owned by Mr. Fontanari or yourself? <br /> 13 2014? 13 A. I don't know. <br /> 14 A. I do not. 14 Q. Okay. <br /> 15 Q. Okay. But based on what you've said, at 15 MS. UITERBACK-NORMANN: I have a <br /> 16 max amount over a period -- you said it was a 16 question. Of that 238 acre feet, am I correct sane of <br /> 17 10-acre-foot pond, and it could seep at a rate that 17 it went down the ditch, sane of it went into the bond? <br /> 18 wind allow 10 acre feet in approximately 10 days to 18 MR. CAREY: Correct. <br /> 19 seep. Over a months' time that would reach 19 MS. UTTERBACK-NOIP,NN: Do you know what <br /> 20 approximately 30 acre feet. So would the remainder of i20 proportion went in? Is there any -- <br /> 21 that water had to have been transmitted dam the 21 MR. CAREY: I would estimate that 75 <br /> 22 trench? 22 percent of it goes into the pond and about 25 percent <br /> 23 A. Well, I think there's a differential 23 of it went into the -- into the ditch. <br /> 24 rate of infiltration depending on the head and the 24 MS. UITERBACK-NORMANN: Okay. <br /> 25 pond. So it infiltrates faster the deeper the water 25 MR. SINGLETARY: Just another question. <br /> 250 252 <br /> 1 is, and the question was how long does it take to go 1 I meant to ask it earlier. You know, we say there's 4 <br /> 2 dry. 2 cfs that runs through that ditch. Do you have a record <br /> 3 Q. Okay. This isn't a lined pond, is it? 3 of that? I mean -- you know, I mean, the way things <br /> 4 A. It is not a lined pond. 4 run, you get 4 cfs today and maybe a foot and a half <br /> 5 Q. But yet Mr. Fontanari ran 4 cubic feet 5 tanorrar. And I mean, do you have a headgate record of <br /> 6 per second for a month and acco plished no beneficial 6 that? <br /> 7 use? 7 MR. CAREY: I do not have the record of <br /> 8 MR. BECKWITH: I'm going to object to 8 that. So I was going mostly on Mike Boulay and Rudy's <br /> 9 that. That asks for a legal conclusion. 9 estimate of that. <br /> 10 Q. (BY MR. JUSTUS) Did he apply that water 10 MR. SINGLETARY: Okay. <br /> it to the land other than running -- 11 MR. SCHULTZ: I have just one follow-up <br /> 12 MR. BECEPIM: Can I have a ruling on my 112 question on Karin's question. <br /> 13 objection? 13 DW4INATION <br /> 14 MR. SINGLETARY: Yeah. I want to hear 14 BY MR. SCHULTZ: <br /> 15 his question again, though. Let re hear it. I15 Q. What's your basis for this 75/25 <br /> 16 MR. JUSTUS: So I'm asking based on j16 breakdown between the pond and the ditch? How do you <br /> 17 Mr. Carey's testimony, it appears to me that for a 17 get that estimate? <br /> 18 month long 238 acre feet of the public resources was 18 A. The pond is on the main channel. The <br /> 19 diverted, driven dawn this trench; there was no effort 19 pond's the main channel, and most of the water flows <br /> 20 to either stop the flaw or otherwise remedy the problem 20 into the pond. <br /> 21 other than to let it run into the mine; and that it was 21 Q. But, again, the pond doesn't have a <br /> 22 not actually applied to the lands for its decreed 22 gauge? <br /> 23 purpose of irrigation but instead allowed to run down 23 A. Yeah. Again, that was — that was just <br /> 24 the line. 24 an approximate. <br /> 25 That's exactly what I heard, is that 25 Q. Trench doesn't have a gauge either? <br /> 251 253 <br />