[Acoustics] Legal challenges to the validity of flow data derived from an ADCP.

[Richard Iredale]

Has anybody out there had to defend the validity of an ADCP flow
measurement against a legal challenge from a third party? 
The Environment Agency manage Water Resources in England and Wales. One
of the Agency's duties is to enforce the terms of water Abstraction
Licences. From time to time the Agency prosecute water abstractors for
taking water in excess of their abstraction licence conditions. This
has, on a number of occasions, involved the Agency having to present
flow measurement evidence in a court of law to substantiate our claim
that the abstractor was taking more water than his license allowed.
The robustness of our flow measurement method has in the past been
tested in court under cross examination from the abstractors legal
team.
When current meters were used to undertake these measurements  we could
claim that the flow measurement was undertaken in conformance with
British and International standards for current meter gauging and that
the current meter had a valid calibration certificate. If necessary the
current meter was calibrated both before and after the measurement was
taken.
In the case where flow measurements are now taken using ADCPs we feel
more vulnerable to legal challenges. This is for two reasons.-
1. There is no ISO document in place. The Agency has to rely on its own
internal document on gauging procedures which is based on the draft ISO
document.
2. ADCPs do not have "certificates of calibration" . The only checks on
the performance that can be made are against other ADCPs or other types
of flow monitoring equipment. 
On the latter point.  Does anyone have any suggestions the may help our
case if we had to defend  ADCP flow measurement in a court of law.
Has anybody out there been in a similar position of having to defend
the robustness of an ADCP flow measurement technique. 
All responses gratefully received
Richard Iredale
Technical Advisor 
The Environment Agency of England and Wales.

Richard Iredale
Technical Advisor, Hydrometry Process
Head Office , Water resources

Int Number 7 22 4650
External Number 0121 708 4650

Hydrometry Process Intranet Site :
http://intranet.ea.gov/organisation/df/water_management/process/field_monitoring_and_data/contents.htm


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