LEGAL CHALLENGE OF THE UNGAGED WATERSHED1

The lack of uniform techniques for estimating design discharges in ungaged areas is a source of growing concern in the courts now faced with challenges to floodplain boundaries and culvert design for highway crossings. This paper summarizes a court case in which calculations of the design discharge and the hydraulic backwater effects of a major highway culvert were contested by the plaintiff. Emphasis in the paper is placed on the variation in computed flows and the interpretation of the court in the face of diverse hydrologic methods for the ungaged watershed. The results of a preliminary evaluation of ungaged watershed methods applicable to Pennsylvania are also reported in terms of standard error and bias.