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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 from <br />any source, including precipitation and ground water inflows shall be removed by the <br />applicant. The water can be removed by draining, pumping, or other means, and <br />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, staff <br />gauges in the reservoir and account on a monthly basis (or more frequently if required) <br />for inflow and outflow, evaporation, precipitation, change in storage and any seepage. <br />Prior to making any storage right absolute, the applicant shall develop and submit to the <br />Division Engineer graphs showing height-storage relationships. Under no circumstance <br />may the applicant withdraw more water from the-reservoir than the measured inflow with <br />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 <br />failure of the liner that results in ground water inflow exceeding the Performance <br />Standard. Upon a prima facie showing by the State or Division Engineer or the party <br />invoking the retained jurisdiction that such exceedence of the Performance Standard is <br />occurring, and that reasonable efforts to correct the problem have been unsuccessful, <br />and that injury to water rights is being caused thereby, the Water Court will proceed to <br />hear evidence regarding the additional terms and conditions, or limitations and <br />restrictions, that should be imposed upon the operation of the pit.