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