APPENDIX WIPP
THE BOTTOM LINE
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"FOR THERE IS NOTHING COVERED THAT SHALL NOT BE REVEALED;
NEITHER HID, THAT SHALL NOT BE KNOWN." -- Luke 12:2
FEDERAL JUDGE ACKNOWLEDGES FALSE HYDROLOGIC DATA, YET DISMISSES WIPP LAWSUIT
In the immediate vicinity of the WIPP waste panels, the most transmissive aquifer is the Magenta
dolomite member of the Rustler Formation. The Department of Energy (DOE) decided in 1983, over
the objections of the United States Geological Survey (USGS), to stop investigating the Magenta
aquifer. The decision was based upon altered data, falsely representing Magenta transmissivity
at H-3, the test well closest to the WIPP waste panels, as more than 3000 times lower than the
reality. Simply stated, transmissivity is the ability of the aquifer to transmit water, in
square feet per day. It is equal to hydraulic conductivity, measured in feet per day, multiplied
by the thickness of the aquifer, measured in feet. At H-3 the Magenta dolomite is 25 feet thick.
In July 2004 a federal judge, after sitting on the case for five years, dismissed a lawsuit brought
by CARD. Although acknowledging that hydrologic data was indeed falsified, the judge dismissed the
case on the grounds that I should have found this out sooner than I did. I have three observations:
(1) A judge who waited five years to render a decision while one million cubic feet of plutonium was
buried at WIPP has a lot of nerve to accuse me of being too slow. (2) I did not have access to the
records in question until March 1999, when I found the documents stuffed in a cardboard box in a
basement storage room previously locked and inaccessible to the public. (3) If the judge's ruling
is allowed to stand, then any federal agency that withholds evidence for a very long time will be
immune from legal challenge if and when the evidence is finally discovered.
BELOW LEFT: The "smoking gun" -- the actual cut-and-taped, handwritten falsification of Magenta
transmissivity. A maximum value of 40 square feet per day has been changed to a minimum value of
0.0001 square feet per day. A mimimum value of one square feet per day has been changed to a maximum.
Not even the value of 40 square feet per day is supported by actual data measured in the field. The
true value for Magenta transmissivity at H-3 is 330 square feet per day. Hydraulic conductivity is
13.2 feet per day, or 0.9 miles per year. If the pretended transmissivity of 0.1 square feet per day
at H-3 were correct, the hydraulic conductivity would be 0.004 feet per day, or 21 feet per year.
BELOW RIGHT: A handwriting sample proving who is responsible for falsifying the evidence.
FOLLOWING PAGES: Supporting affidavits sworn to on October 19, 1999 and July 14, 2004.
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