Laserfiche WebLink
of dissolved salts in concentrations which would impair <br /> 1 conductivity reflected the presence <br /> es. Defendants offered no evidence rebutting the <br /> 2 freshwater organisms' chemical balanc <br /> 3 environmental damage. <br /> 4 The court took notice of the U.S.EPA's listing of the San Joaquin River as impaired <br /> 5 under section 303(d) of the Clean Water Act,33 U.S.C. section 1313(d),based in part on high <br /> 6 electrical conductivity. <br /> 7 C. 1998 <br /> 8 Bruce Kimbrough testified that during the summer of 1997,he did everything possible to <br /> 9 prepare for the following winter. The videotape he made during February and.May 1998 shows <br /> 10 otherwise: the pond remained full of tules, and critical ditches along the Patterson Pass Road <br /> ` <br /> 11 ditches alongside the corrals were weed-choked, and appeared completely unmaintained. Close <br /> 12 examination of the 1998 videotape shows that water flowing alongside Patterson Pass Road had <br /> 13 unimpeded access into and, after mixing with manure,out of the corrals_ No berms were a ident <br /> • 14 to prevent that stormwater run-on and discharge. <br /> 15 Many witnesses testified that the rains in February 1998 caused unusual runoff prob ems <br /> 16 in areas south of the dairy. No evidence was offered regarding the volume or exact course f the <br /> 17 flow of Patterson Run Creek north of highway 205. County engineer Chuck Kelly testiflee that <br /> 18 the creek turns to sheet flow north of highway 205,before being intercepted by irrigation <br /> 19 laterals. Several neighbors,as well as BBID's Rick Gilmore described further flows north <br /> 20 through the Muella's property,to the west of the dairy.' [Exh- 1011. <br /> 21 Hydrologist Chris Johnson offered his report regarding 1998, which concluded that by <br /> 22 choosing the right 30 day periods6,the rainfall records could be interpreted as showing un sual <br /> 23 <br /> 24 4 . Plaintiff's Exhibit 47 is the un-edited tape from which Defendants' Exhibit 1102 was <br /> 25 made. Closeup photographs taken on January 7,2000 show the same conditions. Exhibits 13J, <br /> 13K, 13L, 130, 13P, and 13Q. <br /> • 26 <br /> 5 . The volume in 1997 videotaped by neighbor Huettis was controllable with a shovel. <br /> 27 <br /> 6 . Mr. Johnson summarized 10,20, and 30 day periods,each ending on different <br /> 28 dates, apparently chosen to maximize the rainfall for the time period by omitting a dry spell in <br /> late January, 1998. Mr. Johnson testified that his method was to study the entire time fronI <br />