DURING THE SUMMER OF 1994, RESPONDENT DIRECTED BOLIVAR COUNTY EMPLOYEES IN THE CONSTRUCTION OF A TEMPORARY DAM IMMEDIATELY UPSTREAM OF THE EXISTING DAM ON LAKE BELUAH. THE EMPLOYEES USED TRACK HOES TO PLACE APPROX. 250 CUBIC YARDS OF FILL MATERIAL IMMEDIATELY BELOW THE LAKE BELUAH DAM. THESE ACTIONS WERE CONDUCTED AS PART OF AN EFFORT TO PREVENT LAKE BELUAH FROM DRAINING WHILE PERMANENT REPAIRS WERE ENACTED. HOWEVER, THESE EFFORTS HAVE MAINTAINED AN ABOVE AVERAGE WATER LEVEL IN THE LAKE RESULTING IN TREE MORTALITY ON VARIOUS ADJACENT LANDOWNERS PROPERTIES.