Pleadings and Exhibits from United States v. SFWMD, et al.,
Case No. 88-1886-CIV-HOEVELER
 

 

Declaration of 
Dr. William W. Walker

Attachment C to 
U.S. Motion for Partial Summary Judgement

9/17/90

 


Return to top of page                                                                                                                                   1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

 

UNITED STATES OF AMERICA, et al.,

Plaintiff,

vs .

SOUTH FLORIDA WATER MANAGEMENT
DISTRICT; JOHN R. WOODRASKA,
Executive Director, South Florida
Water Management District;
FLORIDA DEPARTMENT OF ENVIRONMENTAL
REGULATION; and DALE TWACHTMANN,
Secretary, Florida Department of
Environmental Regulation,

Defendants.

__________________________________________/

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No
88-1886-CIV-WMH

FILED by SEC D.C.

Docket #:

 

 


DECLARATION OF DR. WILLIAM W. WALKER, JR.


 

 

I, WILLIAM W. WALKER, JR., PH.D., declare:

1.     I am an independent consultant. I received S.B. and S.M. degrees
        in Chemical Engineering from Massachusetts Institute of Technology
        in 1971 and a Ph.D. in Environmental Engineering from Harvard
        University in 1977.

2.     I have 20 years of experience in analysis of data and modeling of
        environmental effects of water and waste management practices in
        surface water bodies.

3.     Before becoming an independent consultant, I was an Environmental
        Engineer vith Meta Systems, Inc., from 1975 to 1980, and with
        Process Research, Inc., from 1972 to 1975. My work in those
        positions involved modeling of eutrophication and other water-
        quality processes in rivers, lakes, and estuaries; evaluation of
        urban and agricultural nonpoint source pollution; and lake
        restoration.

 


2

4.     My current clients include the City of St. Paul Water Utility,
        USEPA's Narragansett Bay Project, and State of Oklahoma, among
        others. Previous clients have included the U.S. Army Corps of
        Engineers, U.S. Environmental Protection Agency, City of Baltimore
        Water Supply, Minnesota Pollution Control Agency, Vermont
        Department of Water Resources, and New York State Department of
        Environmental Conservation, among others. My work for these
        clients has focused on data analysis and modeling to help identify,
        evaluate, and solve water quality problems, with emphases on
        problems relating to eutrophication and nonpoint source pollution.

5.     Between 1978 and 1989, I conducted an extensive research project on
        reservoir eutrophication for the U.S. Army Corps of Engineers
        Waterways Experiment Station. This project grew out of my doctoral
        thesis research. The work involved compiling and analyzing a
        nationwide data base on morphometry, hydrology, and water quality
        in Corps of Engineers reservoirs. I used the data to develop and
        test empirical models for predicting eutrophication and related
        water quality conditions in reservoirs. These models predict
        reservoir nutrient and algae concentrations as a function of inflow
        nutrient concentrations, flow, and reservoir dimensions (surface
        area, volume, depth). The final phase of the project involved
        development of computer software to assist Corps staff and other
        model users in analyzing data from river and reservoir monitoring
        stations and in applying the model.

6.     In recognition of research conducted for the Corps of Engineers and
        other agencies, I received a "Technical Excellence Award for
        Outstanding Research in Lake Restoration, Protection, and
        Management" from the North American Lake Management Society in
        1988.

7.     I have conducted an independent analysis of water quality data
        collected at inflow points to Everglades National Park (ENP)
        between 1977 and 1989. The data were derived from a routine

 


3

        biweekly monitoring program operated by South Florida Water
        Management District since 1977. The objective of the analysis was
        to determine whether trends in nutrients or other water quality
        components could be identified during this monitoring period.
        Results are described in the attached report entitled "Water
        Quality Trends at Inflows to Everglades National Park". Figures
        referenced below are contained in the report.

8.     Results indicate that the quality of water entering Everglades
        National Park declined during the 1977-1989 period. Increasing
        trends in total phosphorus concentration and decreasing trends in
        the total nitrogen to phosphorus ratio were observed at most ENP
        inflow points. In other words, over time there was a statistically
        significant increase in phosphorus concentration and a
        statistically significant decrease in the total nitrogen to
        phosphorus ratio in the water entering ENP. Total phosphorus
        concentrations increased at rates ranging from 4% to 21% per year.
        These nutrient trends are classic symptoms of eutrophication, a
        process which could alter the unique oligotrophic character of ENP
        marshes. Trends in other water quality components were detected at
        much lower frequencies and were of less importance with respect to
        potential ecological impacts.

9.     The analysis included data for 20 water quality components,
        including nutrients (phosphorus and nitrogen compounds), field
        measurements (dissolved oxygen, temperature, pH, conductivity),
        inorganic species (chloride, etc.) and optical properties (color,
        turbidity). To permit consideration of hydrologic variations,
        concentration measurements were paired with daily flow, water
        elevation, and rainfall data collected by South Florida Water
        Management District and U.S. Geological Survey. Mass transport
        rates (weight per unit time) of total phosphorus and total nitrogen
        were also calculated from flow and concentration measurements and
        tested for trends.

 


4

10.   The analysis considered data from seven ENP inflow stations (Figure
        1
). Five of these stations were located in Shark River Slough
        (S12A, S12B, S12C, S12D, and S333), one in Taylor Slough (S332),
        and one in ENP's Coastal Basin (S18C). In addition, two composite
        stations were analyzed to reflect combined discharges to Shark
        River Slough (S12's and total). The sampling period was 1977-1989
        for Shark River Slough stations and 1983-1989 for the remaining
        stations.

11.   As illustrated in Figure 3, three time series (data sets) were
        tested for each station and water quality component: (A) all
        concentration data; (B) a subset of concentration data collected on
        days during which there was appreciable flow into ENP at the
        sampling station; and (C) the data analyzed in a manner which
        accounted for variations in antecedent rainfall (i.e., rainfall
        prior to each sampling date) and water surface elevation. The
        objective of the third series of tests was to distinguish water
        quality changes that were related to hydrologic variations (e.g.,
        wet vs. dry periods) from longterm trends.

12.   I applied a statistical technique called the "Seasonal Kendall
        Test" to determine the likelihood that an underlying trend existed
        in each tested data set. This technique was originally developed
        by the U.S. Geological Survey and used in a nationwide study of
        phosphorus trends in U.S. river basins. Desirable features of the
        Seasonal Kendall Test include that it is nonparametric (does not
        assume a particular underlying probability distribution for the
        data), it can be applied to data sets containing observations that
        are missing or below detection limits, and it accounts for seasonal
        variations. Because of these desirable features, the test has been
        widely recommended and applied to water quality data. For example,
        the Seasonal Kendall Test was used in a study of water quality data
        collected between 1978 and 1982 in Everglades Water Conservation
        Area 3A; the study was conducted jointly by the U.S. Geological

 


5

        Survey, National Park Service, and South Florida Water Management
        District.

13.   The Seasonal Kendall Test estimates the probability that a trend
        does not exist in the data set being analyzed. This probability is
        termed the "significance level" and is denoted by the mathematical
        symbol "p". Lover values of the significance level indicate that a
        trend is more likely. In summarizing and discussing results for
        each tested data set, the presence of a trend was concluded when
        the significance level was less than .10. According to this
        convention (also used in previous water quality studies), the
        existence of a trend is concluded only when the risk of error is
        less than 10%, or when the "confidence level" in the conclusion
        exceeds 90%. This is the definition of a "detected trend".

14.   I estimated trend magnitude for each data set using a procedure
        developed by the U.S. Geological Survey. Trend magnitude expresses
        the median rate of increase or decrease during the sampling period
        in units of percent per year. No assumptions were made regarding
        underlying trend shapes (e.g., linear, exponential, step change at
        a specific date).

15.   Results for nutrient species were dramatically different from
        results for other water quality components, in that nutrient trends
        were detected at much higher frequencies (Figure 9). Increasing
        trends in total phosphorus concentration were detected at 8 out of
        9 ENP inflow stations examined. When the data were adjusted to
        account for hydrologic variations, increasing trends were detected
        at 7 out of 9 stations (all but S333 and S18C). Trend magnitudes
        ranged from 4% per year at S12D to 21% per year at S332.
        Decreasing trends in total nitrogen concentrations were detected at
        5 Shark River Slough stations. Trend magnitudes ranged from -4%
        per year (S12D) to -3% per year (combined discharge to Shark River
        Slough). Decreasing trends in the total nitrogen to phosphorus

 


6

        ratio were detected at 7 out of 9 stations. Trend magnitudes
        ranged from -7% per year (S12B) to -15% per year (S332).

16.   Increasing trends in phosphorus concentration were detected for the
        combined discharge through the S12 gates into Shark River Slough,
        the inflow with the longest period of record and historically of
        greatest importance to ENP. Estimates of trend magnitude (percent
        increase in phosphorus concentration per year) ranged from 5.3 to
        7.0% per year and were insensitive to adjustment of the data to
        account for variations in rainfall and water elevation.
        Significance levels for the S12 total phosphorus trend tests ranged
        from .06 to .009; these supported conclusion of an increasing trend
        at confidence levels ranging from 94% to 99.1%.

17.   Impacts on biological communities may be related to changes in the
        frequencies of extreme phosphorus concentrations, as well as to
        changes in central tendency (i.e., median concentration). The
        phosphorus trend at the S12's was accompanied by increases in the
        frequencies of phosphorus concentrations exceeding 0.01, 0.02, and
        0.03 milligrams per liter, as shown in Figure 7. For example, the
        frequency of concentrations exceeding .03 mg/liter increased from
        6% in the first 5 years of monitoring (1977-1982) to 15% in the
        last 5 years of monitoring (1984-1989). These increases in
        exceedence frequencies reflect the underlying trend in phosphorus
        concentration.

18.   The analysis of S12 total phosphorus data was modified in several
        ways to assess the sensitivity of the results to the methods used,
        to the hydrologic variables considered (rainfall, flow, water
        elevation), and data subsets. This was done to determine the
        extent to which results and conclusions were influenced by the
        assumptions, methods, and data used in the analysis. Regression
        models can be used to analyze the strength of relationships between
        water quality parameters and hydrologic variables. Regression
        models were developed considering rainfall, flow, and elevation

 


7

        separately and combined, using different lag periods to represent
        the effects of these variables, and using alternative rainfall
        averaging methods. The analysis was repeated excluding data
        between January 1 and September 15, 1985 (period of a pronounced
        phosphorus spike at the S12's shown in Figure 4). The data were
        split in three different ways (wet season versus dry season, low
        flow versus high flow, and low elevation versus high elevation) and
        each subset was analyzed for trend separately. Test results were
        generally insensitive to these factors; this strongly supported the
        conclusion that increases in total phosphorus concentration
        occurred at the S12's between 1977 and 1989. In fact, the
        sensitivity analysis indicated that the increasing trend in total
        phosphorus concentration at the S12's was more distinct under high
        flow conditions, which accounted for 87% of the total water volume
        discharged to ENP through the S12's during this period.

19.   An increasing trend in the rate of phosphorus transport (kilograms
        per day) into Everglades National Park was detected for the Taylor
        Slough basin. When adjusted for hydrologic variations, increasing
        trends in phosphorus transport were detected in all three ENP
        basins (Shark River Slough, Taylor Slough, and Coastal) and a
        decreasing trend in total nitrogen transport was detected in Shark
        River Slough. Trend magnitudes were similar to those estimated for
        concentration.

20.   Trends were also detected in the remaining water quality components
        (other than nutrients), but at a much lower frequency. There was a
        disproportionately large number of significant results among all of
        the water quality variables--more than could be expected by chance
        alone. From a water quality management perspective, the increasing
        trends in total phosphorus (Figure 10) and decreasing trends in the
        total nitrogen to phosphorus ratio (Figure 11) were most important
        because they are classic symptoms of eutrophication.

 


8

21.   Increasing phosphorus trends at ENT inflow stations between 1977
        and 1989 were detected in three forms: concentration, transport
        rate, and frequencies of values exceeding 0.01, 0.02, and 0.03
        mg/liter. Thus, biological communities in Everglades National Park
        were subjected to effects of increased average phosphorus
        concentration, increased mass of phosphorus, and increased
        frequency of concentrations above benchmark levels during this
        period. Although decreasing trends in total nitrogen were detected
        at some Shark River Slough stations, the phosphorus trends are much
        more important because phosphorus, not nitrogen, controls aquatic
        productivity in the Everglades ecosystem.

22.   The Everglades Water Conservation Areas (WCA's) serve as shallow
        wetland reservoirs in supplying water to ENP and in meeting other
        South Florida water needs. The input/output concept is fundamental
        to reservoir (or lake) management. According to this concept,
        reservoir outflow water quality is influenced by reservoir inflow
        water quality. Increases or decreases in reservoir nutrient
        loadings or inflow concentrations often lead to increases or
        decreases in nutrient concentrations measured in reservoir
        outflows. Reservoirs vary considerably with respect to the degrees
        and time scales of input/output response. Additional phosphorus
        loadings were intentionally diverted to the WCA's during the 1977-
        1989 period as a result of the Interim Action Plan. Increases in
        the intensity of watershed land use could also have increased
        phosphorus loadings to the WCA's during this period. The
        increasing phosphorus trends detected at ENP inflows between 1977
        and 1989 were not explained by seasonal factors or by variations in
        rainfall, water elevation, or flow. It is possible that these
        trends reflected increases in phosphorus loadings to the Water
        Conservation Areas during this period.

23.   The increasing total phosphorus concentrations and decreasing N/P
        ratios detected at ENP inflows are symptoms of eutrophication, a
        process which generally leads to undesirable conditions, including

 


9

        shifts in aquatic species, low dissolved oxygen concentrations, and
        diminished wildlife habitat. This process must be avoided if the
        unique water quality and ecology of the Everglades National Park
        marshes are to be preserved.

I declare under penalty of perjury that the foregoing is true and
correct to the best of my knowledge and belief.

Dated this 17th day of September, 1990.

_______________________
Dr. William W. Walker, Jr.

 

 

 

University of Miami School of Law Library
Archives and Special Collections
1311 Miller Drive
Law Library, Room 489
Coral Gables, Florida 33146
Telephone: (305) 284-4093

Copyright, 1997 University of Miami. All Rights Reserved.
Requests for information.
Send comments / technical feedback.