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l <br />including precipitation and groundwater inflows less than the design or performance <br />standards shall be removed by the applicant. The water can be removed by draining, <br />pumping, or other means, and released to the stream system, without use by the applicant in <br />any manner. The applicant shall install the necessary measuring devices, including but not <br />limited to, staff gauges in the reservoir and account on a monthly basis (or more frequently if <br />required) for inflow and outflow, evaporation, precipitation, change in storage and any <br />seepage. Prior to making any storage right absolute, the applicant shall develop and submit <br />to the Division Engineer graphs showing height-storage relationships. Under no <br />circumstance may the applicant withdraw more water from the reservoir than the measured <br />inflow with appropriate evaporation and seepage 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 07/27/99 <br />