Expert Witness and Litigation Support

John J. Ward, RG, Groundwater Consultant

Although only a portion of my work is involved in expert testimony, I approach every project assuming that the results of my work would be used in court or administrative proceeding, that opposition will take the form of intense scrutiny of all my work, and only through strict attention to established protocols and scientific methods will my results be effective and my opinion valid.  For this reason, I have developed and strictly follow these guidelines:

  • Treat all projects and clients with confidentiality and privacy,
  • Know and work within the state of the practice,
  • Work only within the areas of my demonstrated expertise.

My experience as a consulting or testifying expert is listed below:

  • Home Damage from Subsurface Water, Arizona:  Consulting expert for claimant (property owner) on damage claim from leaking water pipes on historic adobe structures, Arizona. Constructed numerical model that verified plausibility of moisture migration from water releases into the soil and thence into building footings; prepared expert report and trial exhibits of modeling results. Landowner won damages at trial.
  • Tribal Water Rights, New Mexico:  Testifying expert for federal client, Tribal Water Rights adjudication, Southeast New Mexico. Prepared groundwater model of historical development showing impacts of water rights claims, and provided expert testimony in deposition and at trial on predictive impacts from projected groundwater withdrawals.
  • Pueblo Water Rights, New Mexico:  Testifying expert for federal client, New Mexico, Pueblo water rights adjudication. Prepared expert rebuttal, review of other expert reports, and provided expert testimony at deposition. Case ongoing.
  • Tribal Water Rights, Arizona:  Testifying expert for federal client, Tribal water rights adjudication, Little Colorado River Basin, Arizona. Prepared regional groundwater model, predicted capability of aquifer to provide claimed amounts. Case ongoing.
  • Groundwater Contamination, Arizona:  Testifying expert for confidential client in a challenge of septic tank permits, Maricopa County. Prepared expert report including transport model of septic leakage impacts on groundwater. Provided expert testimony in County administrative hearing. Case settled.
  • Differing Site Conditions, Hawaii:  Testifying expert for defendant (owner) in construction dewatering differing site conditions case, Hawaii. Conducted site inspections, reviewed case files, prepared expert and rebuttal reports, and testified at settlement. Case settled.
  • Floodplain Encroachment, Arizona:  Testifying expert for plaintiff (municipality)  in floodplain encroachment and stormwater contamination case, Arizona. Analyzed stormwater drainage impacts from defendant’s actions, prepared expert report. Case settled.
  • Federal Reserved Water Rights, Arizona:  Testifying expert for National Park Service at various Park Units in Northern Arizona.  Conducted hydrologic and “threat” analysis of potential for damage of Park water resources from off-site development.  Ongoing.
  • Differing Site Conditions, Arizona:  Testifying expert for claimant (contractor) on construction dewatering differing site conditions dispute, Arizona. Prepared expert report, affidavits, and rebuttals. Provided expert testimony at deposition. Assisted in case preparation and development of summary judgment motions. Case settled.
  • Land Degradation from Contamination, California:  Testifying expert for  defendant, groundwater and soils contamination. Prepared expert report containing hydrogeologic and contaminant assessment in support of Innocent Landowner Defense. Judge ruled in favor of defendant.