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The applicant shall demonstrate that during a 90-day test- period the unregulated ground <br />water inflow to the pit does not exceed the Performance Standard. Demonstration of <br />inflows less than the Performance Standard shall be sufficient cause for a determination- <br />that the applicant has constructed a lined reservoir and is entitled to store water: If the <br />unregulated ground water inflow to the reservoir exceeds the Performance Standard, <br />the State Engineer shall require the reservoir to be dewatered until satisfactory changes <br />have been made to the liner to conduct another initial liner test. <br />4.0 Water Budget Accounting <br />Monthly. accounting shall be required as long as the liner continues to meet the Design <br />Standard. Weekly accounting (or more frequent if required by the Division Engineer) <br />shall be required for liners which do not meet the Design Standard but continue to meet <br />the Performance Standard:, Evidence of compliance with the standards shall be <br />established through a mass balance analysis accounting for inflows, outflows, and <br />change in storage. <br />If the State or Division Engineer determines that the ground water inflow (leakage rate) <br />into the reservoir is greater than the Performance Standard, the applicant shall be <br />required to calculate the inflow to or outflow from the reservoir by means of a mass- <br />balance analysis on a 48-hour basis, and return to the stream system such inflows to <br />the pit within 48 hours, without such water being used by applicant in any manner. This <br />48-hour accounting shall only be for the entire period specified under the Liner Failure <br />During Operation Section (see below) and shall not be done permanently. <br />5.0 Liner Failure During Operation <br />In the event that the average daily unregulated ground water inflow to the reservoir <br />exceeds the Performance Standard for two consecutive months, as evidenced by <br />accounting (see above), the applicant or their successor and the State Engineer's Office <br />shall begin to consult regarding the probable cause of the unregulated ground water <br />inflow, and the appropriate actions to be taken in response thereto. If the State or <br />Division Engineer and the applicant cannot reach an agreement on the appropriate <br />actions to reduce the unregulated ground water inflow to less than the Performance <br />Standard within nine months of the beginning of the consultations, the State or Division <br />Engineer shall provide written notice to the applicant of their determination to correct <br />this problem. The 48-hour accounting shall begin following the two consecutive months <br />that the Performance Standard is exceeded and shall continue until the applicant has <br />demonstrated that the Performance Standard has been met. Applicant shall have two <br />(2) years from the date of such written notice of liner failure to repair the liner to an <br />inflow less than the Performance Standard. If satisfactory repairs are not completed <br />within the two year period, no new water shall be stored in the reservoir until either: 1) <br />the repair is made; 2) the issue is decided by the Water Court under retained <br />jurisdiction, or; 3) the State Engineer's Office otherwise grants permission for storage to <br />continue. The State or Division Engineer may declare the reservoir a well requiring a <br />well permit.