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1 13BB, 13DD,30A-C, and 30F] Pond freeboard has been below six inches at times this year,14 <br /> • 2 requiring extensive pumping of the pond into the pasture, [Testimony of Bruce Kimbrough] <br /> 3 That pumping apparently led to a discharge from the pasture to Grant Line Road on March 1, <br /> 4 2000, as described by Warden Dennis DeAnda. <br /> 5 Photographs from February 2000 show sloughing from the historically weak north berm. <br /> 6 [Exhibit 13W] According to Mr. Minbrough's testimony, his attempts to do mid-winter repai <br /> 7 merely got his loader stuck in the mud. <br /> 8 G. What Caused the Discharges? _ <br /> 9 Defendants confined hundreds of cows at the dairy, them failed to manage the wastes. No <br /> 10 evidence or argument suggests any other source for the pollution which entered local surface <br /> 11 waters for so many years. <br /> 12 The Kimbroughs conceded corral runoff during early 1998,which they blamed on a <br /> 13 telephone substation along Patterson Pass Road. The videotapes show that water entered the <br /> 14 corrals well to the south of the telephone substation. In any event,the Defendants did not sol e <br /> 15 the problem during the years after the substation was constructed. <br /> 16 Defendants failed to do what most dairies do,namely design and construct an adequate <br /> 17 pond--isolated from the surrounding area—to collect wash water from the barn and corral <br /> 18 runoff. Instead they used the low-lying depression that was present when they arrived, and <br /> 19 watched it fail in several winters, as they expanded their herd- <br /> 2 0 Defendants' every witness directed the court's attention uphill,-away from their dairy.' <br /> 21 Their own testimony and counsel's argument amounted to a plea that there was nothing they <br /> 22 <br /> 23 14 . Cal.Code Regs. Title 27, § 20375(a) provides in pertinent part: " (a) <br /> Freeboard—Surface impoundments shall have sufficient freeboard to accommodate seasonal <br /> 24 precipitation and the design storm specified in Table 4.1 of this article, but in no case less than 2 <br /> feet (measured vertically, from the water surface up to the point on the surrounding lined berm <br /> 25 or dike, having the lowest elevation),.." <br /> 26 <br /> 15 . For example, several witnesses [including Richard Gilmore,Joseph Spatafore, <br /> • 27 Lynn Bedford] testified regarding the construction of a business park to the south of highway <br /> 205, and its possible effects on Patterson Run Creek. On rebuttal, county engineer Charles Ke ly <br /> 28 testified that the drainage from that development was not constructed until after the summer o <br /> 1998. <br /> Plaintiffs Post-Trial P -i-f o <br />