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APPENDIX WIPP

THE BOTTOM LINE

                     "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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