Your description matches what I have observed when sailing my 23 - depending on the tack and angle of heel, water sometimes comes in the drain and occasionally above the "trough" level, especially if I have 2 or 3 in the cockpit. I have gotten in the habit of closing the drain valve and plugging the upper drain/scupper too before leaving the dock, since it is submerged when under way. On the occasions when I have forgotten to do so, it was necessary to slow the boat way down, get everyone else on board to head for the bow, then open the upper drain and let the water in the cockpit run out, at least down to trough level. When we took water over the rail during a race, we had to bail, as slowing down was not an option. I view all this as one of the few design flaws of this boat and have even considered plumbing a small pump into the drain in order to get the cockpit dry. Under way, in bigger water than the lake I sail on, it would seem to me a dangerous situation to have a boat whose cockpit would not drain. Yet plenty of these boats are and have been sailed on SF Bay and other similar locations. When racing I put the fuel tank on the cabin floor as far forward as possible, as well as any other moveable weight - cooler, etc. But she still squats in the rear as speed picks up.