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I testified that the sample results from the 1997 discharge showed the wastewater to be <br /> 2 acutely toxic or chronically toxic to aquatic life. <br /> 3 17. Defendants offered no evidence rebutting the environmental damage. <br /> 4 18. A videotape made during February and May 1998 shows that the pond remained fall of <br /> 5 tules, and critical ditches along the Patterson Pass Road ditches alongside the c orrals <br /> 6 were weed-choked,and appeared completely unmaintained! Close examination of the <br /> 7 1998 videotape shows that water flowing alongside Patterson Pass Road had unimpeded <br /> 8 access into and,after mixing with manure,out of the corrals. No berms were evident to <br /> 9 prevent that stormwater ran-on and discharge. <br /> 10 19. An expert hydrogeologist testified that no 25-year,24-hour storms took place during the <br /> 11 period of the 1998 discharge, or indeed, since 1949. <br /> 12 20. Three members of the Severson family- a household of eight plus residing east of the <br /> 13 dairy-testified regarding numerous discharges from the dairy,recalling respectiv ly"at <br /> 14 least five,""more than five,"and"dozens"of discharges in recent years. In addit on to <br /> 15 Wayne Severson's photographs [Exhibit 14] and eye-witness observations,he notably <br /> 16 recalled a 1998 incident when defendant Bruce Kimbrough cleared a ditch along Grant <br /> 17 Line Road east of the dairy, apparently to facilitate the escape of wastewater froj a the <br /> 18 dairy. <br /> 19 21. The Court finds that on several occasions the Severson experienced flooding of their <br /> 20 well, and fouling of the water which came from their tap, showers, and all internal <br /> 21 plumbing. None of the Severson's testimony was rebutted. Other neighbors wert also <br /> 22 offended by the discharges of manure-laden water. <br /> 23 22. In addition to the trial testimony, and as an alternative basis for parts of the Court's <br /> 24. ruling,the Defendants are bound by the Regional Board's findings set out in Exhibit 11, <br /> 25 including the 1997 <br /> 26 <br /> 27 <br /> • <br /> 28 ° Plaintiffs Exhibit 47 is the un-edited tape from which Defendants' Exhihit 102 was <br /> made. Closeup photographs taken on January 7, 2000 show the same conditions. <br /> Exhibits 13J, 13K, 13L, 130, 13P, and 13Q. <br /> 5 <br />