Deposition from SWIM Challenges

Case No. 92-3038, 92-3039, and 92-3040
 
  STYLE:         SCGCF v. SFWMD
                         FSCL v. SFWMD
                         FFVA v. SFWMD
  CASE:             92-3038, 92-3039, 92-3040
  REPORTER: Rachel W. Bridge
  DATE:           January 7, 1992

  NAVIGATION:
                      Index
                      Appearances
                      Exhibits
                      Proceeding
                      Page: 20 40 60 80 100 120 140 160
                      Reporter Certificate (page 174)
                      Deponant Certificate (page 175)

 

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Division of Administrative Hearings

Department of Administration, State of Florida

 

SUGAR CANE GROWERS COOPERATIVE
of FLORIDA; ROTH FARMS, INC.; and
WEDGWORTH FRMS, Inc.,

Petitioners,

     V

SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, an agency of the State
of Florida; et al.,

Respondents.


FLORIDA SUGAR CANE LEAGUE, INC.;
UNITED STATES SUGAR CORPORATION;
and NEW HOPE SOUTH, INC.,

Petitioners,

     V

SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, an agency of the State
of Florida; et al.,

Respondents.


FLORIDA FRUIT and VEGETABLE
ASSOCIATION; LEWIS POPE FARMS;
W.E. SCHLECHTER & SONS, INC.,
and HUNDLEY FARMS, INC.,

Petitioners,

     V

SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, an agency of the State
of Florida; et al.,

Respondents.


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DOAH Case
No. 92-3038

DOAH Case
No. 92-3039

        

DOAH Case
No. 92-3040      

 

VOLUME I
DEPOSITION OF WOSSENU ABTEW, Ph.D.

 

      Taken before Rachel W. Bridge, Professional
Reporter and Notary Public in and for the State of
Florida at large, pursuant to notice of taking
deposition filed by the Plaintiffs in the above
cause.

- - -

Thursday, January 7, 1992
319 Clematis Street, Suite 500
West Palm Beach, Florida 33401
10:00 a.m. - 5:05 p.m.

 


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APPEARANCES:

On behalf of the Petitioners Florida Sugar
Cane League, Inc., United States Sugar Corp.,
and New South Hope, Inc.:
        Peeples, Earl & Blank, P.A.
        One Biscayne Tower, Suite 3636
        Two South Biscayne Boulevard
        Miami, Florida 33131
        By:    MARK T. KOBELINSKI, ESQUIRE

On behalf of the Respondent SFWMD:
        South Florida Water Management District
        3301 Gun Club Road
        West Palm Beach, Florida 33416-4680
        By:    JACQUELYN W. BIRCH, ESQUIRE

On behalf of Sugar Cane Growers:
Hopping, Boyd, Green & Sams
123 South Calhoun Street
Tallahassee, Florida 32301
By:    GARY V. PERKO, ESQUIRE

Also Present:    Morris Rosen
                        Andrew MacNeil

- - -

I N D E X

- - -

 

WITNESS: DIRECT CROSS REDIRECT RECROSS
WOSSENU ABTEW, Ph.D.

 

BY MR.PERKO 4
BY MR. KOBELINSKI 70

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E X H I B I T S

 

NUMBER

 

PAGE

 

DESCRIPTION

 

 

ABTEW EXHIBIT    1

 

5

 

Resume of Wossenu Abtew, Ph.D.

 

ABTEW EXHIBIT    2

 

21

 

Draft of EAA Water Budget Analysis
1979 - 1990

 

ABTEW EXHIBIT    3

 

23

 

Draft of EAA Water Budget Analysis

 

ABTEW EXHIBIT    4

 

32

 

Evapotranspiration Estimation
Method for South Florida

 

ABTEW EXHIBIT    5

 

51

 

Draft of Everglades Research Plan
7-10-92

 

ABTEW EXHIBIT    6

 

53

 

Statistical Analysis of Drainage
Generation from the EAA

 

ABTEW EXHIBIT    7

 

59

 

Memo of 10-26-92 from Ray Santee
and others to Leslie Wedderburn

 

ABTEW EXHIBIT    8

 

61

 

Memo of 9-30-92 from L. Wedderburn
to Distribution List

 

ABTEW EXHIBIT    9

 

62

 

Memo of 10-6-92 from J. Mulliken
to Kenneth G. Ammon

 

ABTEW EXHIBIT  10

 

66

 

May 1992 Draft of Water Budget
Analysis for the Holey Land

 

ABTEW EXHIBIT  11

 

149

 

Memo of 8-16-91 from Todd Tisdale
to Shawn P. Sculley

 

ABTEW EXHIBIT  12

 

165

 

Memo of 8-27-91 from J. Obeysekera
to Tony Federico

 


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P R O C E E D I N G S

- - -

Thereupon,

Wossenu Abtew, Ph.D.,

being by the undersigned Notary Public first duly

sworn, was examined and testified as follows:

THE WITNESS: I do.

DIRECT (Wossenu Abtew, Ph.D.)

BY MR. PERKO:

Q.     Sir, could you please state your name, full

name for the record?

A.    Wossenu Abtew.

MR. KOBELINSKI: Can I just intervene for

one moment to make a quick statement?

There was a discussion of counsel prior to

going on the record, and for the sake of

expediency, counsel for the petitioners,

Mr. Perko, Sugar Cane Co-op will be doing the

initial questioning for expediency and I will be

following up with whatever additional questions

I have.

Thank you.

BY MR. PERKO:

Q.    Dr. Abtew, my name is Gary Perko. I'm an

attorney with the law firm of Hopping, Boyd, Green &


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Sams. We represent the Sugar Cane Cooperative of

Florida and two of its members, Wedgworth Farms, Inc.

and Roth Farms, Inc., in the administrative

proceedings involving the Everglades land.

Have you ever been deposed before, sir?

A.    No, this is my first time.

Q.    Basically what's going to happen here today

is I'm going to ask you a series of questions. If

you don't understand my questions, which is a

distinct possibility, please ask me to rephrase them.

A.    Okay.

Q.   And if you don't know the answer to the

question, just tell me. I don't want you to guess or

anything. I'm not trying to trick you.

And with that -- and if you ever need a

break, please let me know, a cup of coffee or

anything.

A.    Okay.

MR. PERKO: Dr. Abtew, I'm going to show

you what I'll ask the court reporter to mark as

Exhibit Number 1.

(The document was marked

Abtew Exb. No. 1.)

BY MR. PERKO:

Q.   Dr. Abtew, could you review that document

 


6

 

and tell me if you recognize it?

A.    Yes, this is my resume.

Q.   Is that a current copy of your resume?

A.    Yes, this is a current copy.

Q.   Are you aware of any changes that you might

make to update it since it was originally drafted?

A.    No.

Q.   Okay. I'm going to ask you first a couple

of questions about your educational background.

I see here that you received a Bachelor of

Science degree in agricultural engineering from

Haille Sellassie University in Ethiopia in 1973.

A.    Uh huh.

Q.   Did you specialize in any particular area

of agricultural engineering at that time?

A.    Well, general program.

Q.   Okay. And from 1973 through '79 you worked

with the Department of Land and Agriculture of

Ethiopia; is that correct?

A.    Uh huh.

Q.   What were your duties at that time?

A.    Well, I had different positions, starting

with Agricultural Extension Supervisor and Soil and

Water Conservation Engineer.

Q.   Let's start with the position Agricultural

 


7

 

Extension Supervisor.

A.    Uh huh.

Q.   What were your duties in that position?

A.    I was a supervising an agricultural

program. We introduced fertilizers and new tools and

new agricultural practices to small farmers.

Q.   What were your duties in that capacity?

A.    I was responsible for a certain region,

which is about -- it's a certain region. I have

various, about five, six stations, and we have

extension agents in those stations, the agricultural

program throughout the region. Supervisor extension

agent basically.

Q.   What kind of agriculture was going on at

that time?

A.    Most of it was small scale ownership with

ox and plow, not mechanized, but we had mechanized ag

in my region.

Q.   What kinds of crops?

A.    Most of the crops were sorghum, corn. You

know, the region grows sorghum.

Q.   Your next position was Soil and Water

Conservation Engineer; is that correct?

A.    Yes.

Q.   What were your duties in that capacity?

 


8

 

A.    Well, it's the same thing. Supervise

different government work such as soil conservation,

building of terraces to conserve soil, protect soil

from erosion, and in some cases we were to supervise

rural road construction.

And in one instance I had to supervise

building of dikes or earth dams to collect runoff

water.

Q.   When you say supervised, does that mean you

had general oversight of the project to make sure

that everything was going as scheduled?

A.    Well, I had to, a lot of people working

under me and followed up that things are done under

specification and the program scheduled, so both

technical and administrative supervision of the

programs.

Q.   What do you mean by technical supervision

generally?

A.    Make sure that it is being built as it is

designed.

Q.   Okay. Then your next position was Officer

in charge of Agricultural Research Center; is that

correct?

A.    Well, that was what my extension was. We

had one research station and I had to supervise that

 


9

 

on the side.

It was such that we had a variety of crop

variety selection, select the best type of, variety

of crops for the area. Basically that was the main

research.

And there was some fertilizer application

rights, so it was a station in the area where I was

supervising, and I had the second responsibility of

following up that program with the administrative,

check it that it was going as designed.

Q.   Was any of the research designed to analyze

agricultural runoff?

A.    No. We don't have, there was no problem at

that time. At least there is no chemical application

at all.

In fact, there is very limited pesticide or

fertilizer application. We are trying to introduce

that into the area, so that there was not any runoff

problem or anything such as that at the time.

Q.   And you left the Department of Land and

Agriculture in Ethiopia in 1979; is that correct?

A.    Yes.

Q.   Where did you go after that?

A.    Well, I left the country and moved around

for about six months until I get to the Sudan, where

 


10

 

I became a refugee, political asylum, and stayed

there for one year, September of 1982 from '81, and I

came to the United States September '82 on political

asylum was my status.

And since then, the rest, if you want to

know --

Q.   What was your first job in the United

States?

A.    My first job was in the store. I came

without any papers and I finished college. I worked

in the area, I worked in stores first as cashiers and

as managers.

In the meantime, I took preparations to go

to graduate school. It took three years and some

months.

Q.   I see here that you were a research

associate at the University of Florida?

A.    Yes.

Q.   When did you begin in that capacity?

A.    In 1989, October to 1990, October. I came

in 1990, October, to the District.

Q.   What was the focus of your research at the

University of Florida?

A.    University of Florida was doing research

from contract from South Florida Water Management

 


11

 

District on the problem of phosphorus movement from

the dairies to Lake Okeechobee. That was a problem.

The name of the project is cited there in my resume.

That's how it is exactly worded.

Q.   Biochemical behavior?

A.    Biogeochemical behavior of phosphorus

movement.

Q.   You are referring to Biogeochemical

Behavior and Transport of Phosphorus in Lake

Okeechobee Basin, page 2?

A.    Yes, that was the project I worked on.

Q.   What was the purpose of that research?

A.    Well, the purpose of the research, to my

understanding, was to quantify how much phosphorus

was moving from the dairy sites to the streams and to

the lake, and at the same time evaluate the new

control programs, which was the detention of dairy

waste water and then spraying it on agricultural

land.

So most of the time I collected data from

the detention ponds and from the agricultural field

which the waste water was spread on and evaluated how

that system is working in cutting down the phosphorus

levels that lifts from the dairy farms. And I have a

cite there which you see.

 


12

 

Q.   Your resume indicates that your work at the

University of Florida included modeling of water and

nutrient movement in sandy, high water table soils.

A.    Yes.

Q.   Could you explain that briefly?

A.    Well, this is part of the contract work and

I was part of the whole program, so I was a director

related to developing the model.

Q.   You were not directly --

A.    The model was under somebody's

responsibility, but supplying the data and helping in

analysis of the data, because the same data, we have

the water quality of the spread water and we have the

drainage water quality, and someone does the actual

modeling of how it is removed from the soil, but the

collection and part of the analysis and part and

discussions, I had some contribution to the work.

Q.   Was your contribution limited mainly to

review of the data?

A.    Analysis of the data, collection of the

data, data collection, design and participation in

discussions of how the model could be developed,

although someone else is doing the modeling work

itself.

Q.   Your resume indicates that you left the

 


13

 

University of Florida in 1990; is that correct?

A.    Yes.

Q.   Where did you go after that?

A.    Came to the District, South Florida Water

Management District.

Q.   I'm sorry, I need to back up a little bit.

You did your graduate studies at the Texas

Tech University in Lubbock; is that correct?

A.    That's correct.

Q.   Beginning in 1985?

A.    Yes, beginning in 1985.

Q.   What was the focus of your studies at Texas

Tech?

A.     My first study was agricultural engineering

program, and I got Master's in agricultural

engineering.

Q.   Was there any particular aspect of

agricultural engineering that you specialized in?

A.    The area was soil and water.

Q.   And what did your research and other

studies, how did it involve soil and water?

A.    Well, with the soil part, the area, Lubbock

area has high winds and wind erosion problem, so

because of that, the region's interest, I had to do

wind erosion problem, which became the soil problem.

 


14

 

And later on my Ph.D. I studied civil

engineering and agricultural engineering and did the

research in both disciplines, which was sizing

storage capacity for municipal waste water.

The title, the specific title is in the

resume, if you want.

Q.   Is that the title of your Ph.D.

dissertation on page 1?

A.    Yes, page 1.

Q.   Methodology for the Sizing of Storage

Requirements of Slowrate Land Treatment Systems Using

Various Management Options?

A.    That's right.

Q.   Okay. What is meant here by slowrate land

treatment systems?

A.    This is a system where you apply municipal

waste water on agricultural land to grow crop and

take out the nutrients out of the waste water.

So the system operates that way.

Q.   Essentially using municipal waste water for

irrigation purposes?

A.    Yes, and for the purpose of removing the

nutrient out of the waste water.

Q.   What is meant by sizing of storage

requirements?

 


15

 

A.    Well, you have to do water by land and come

up with a chemical size of storage. When it is

raining you cannot -- you have to store it.

And it needs some figuring out how to size

the chemical size of reservoir for the rest of the

water that you can't apply when it is raining or when

the crop is not needing the water.

Q.   So you are sizing the reservoir?

A.    Well, the storage ponds, very large storage

ponds.

Q.   Did any of your work at Texas Tech involve

wetland treatment systems?

A.    No, there is no wetlands. It is a dry

area, so we don't have wetlands.

Q.   Okay. Did your graduate research involve

the study of water chemistry?

A.    Yes, I did a study of water chemistry,

analysis of pollutants in water. I did a lot of

work, and yes, I did study.

Q.   Did you have any course work in water

chemistry?

A.    Pollution. It is not called water

chemistry, but I did water chemistry, laboratory

analysis of all the pollutant components.

Q.   I'm going to go back -- or forward, rather,

 


16

 

to where we were previously.

After you left the University of Florida,

you took a job with the South Florida Water

Management District; is that correct?

A.    Yes.

Q.   When did you begin your employment at the

District?

A.    In 1990, October 18.

Q.   And what was your first position at the

District?

A.    My first position, Water Resource Engineer,

and later it was changed to Civil Engineer. The name

of the position was changed to Civil Engineer. I

stayed for eight months on that position.

Q.   Now is this a title change?

A.    Yes, it was a title change, but it's the

same.

Q.   What were your duties in that capacity?

A.    Well, I was in Water Resources Division,

where basically water resource problems were handled.

And during the first year of my work I

wrote a storm report for the January 1991 storm over

South Florida, which most of was in the ag area.

Q.   What was the purpose of that report?

A.    That report was to analyze and document the

 


17

 

storm event, document the amount of rainfall over the

area and the flows that were passing through the area

and the flood factor on the area.

Q.    What do you mean by the area?

A.    Well, the area which was affected by that,

by the storm of January 1991. Most of it was EAA,

and the map of the affected area is shown in the

report, but certain of the ag area was part of that

storm event.

Q.    The title of that report is Storm Event of

January 15-17, 1991; is that correct?

A.    Yes.

Q.    And that was prepared in March of 1991?

A.    Yes, that's right.

Q.    Let me ask you in your position as Water

Resources Engineer/Civil Engineer, who was your

supervisor at that time?

A.    First it was -- he has left the District --

Monina Medardo, Dr. Medardo, Monina.

MS. BIRCH: Medar?

THE WITNESS: Medardo, M-e-d-a-r-d-o,

M-o-n-i-n-a. I'm not certain about the

spelling, but that's his name. And later it was

Shawn Sculley.

 


18

 

BY MR. PERKO:

Q.    Is Mr. Sculley -- or is it Dr. Sculley?

A.    Mr.

Q.    Is he still at the District?

A.    No, he is not.

Q.    Do you know where he is currently employed?

A.    With certain engineering concern here in

West Palm Beach. I don't know what.

Q.    What positions did Mr. Sculley hold when he

was your supervisor, do you recall?

A.    Yes, division director.

Q.    What were some of your other duties as the

Water Resources Engineer/Civil Engineer? You

mentioned the storm report.

A.    Yes, I wrote An Atlas of the Lower

Kissimmee River and Lake Istokpoga Surface Water

Management Basins.

Q.    Let me ask you just generally, did your

work involve the entire area of the District or did

you specialize in any particular geographical area?

A.    No. When I started, not, but I was

assigned most of the lake and later south of the

lake.

Q.    So your supervisor would assign you

projects?

 


19

 

A.    Yes, that's right.

Q.    Do you recall any other projects you worked

on at that time?

A.    Well, at what time? Before I became senior

civil engineer?

Q.    In your first position.

A.    In my first position? These are the two

that I remember.

Q.    Okay. How long did you hold that position?

A.    Eight months.

Q.    Beginning in October of 1990?

A.    Yes, until June 30.

Q.    What was your position beginning June 1991?

A.    Senior Civil Engineer.

Q.    Is that your current position?

A.    Yes, that's my current position.

Q.    And who have your supervisors been in that

capacity?

A.    The first one is Shawn Sculley.

Q.    Okay.

A.    And later Jayantha Obeysekera.

Q.    Is it Dr. Obeysekera?

A.    Yes, Dr. Obeysekera.

Q.    Is he the current division director for

water resources?


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A.    No, he is in another division right now,

since January '92, I guess.

Q.    What division is that?

A.    This is Everglades System Research

Division.

Q.    Is Dr. Obeysekera the division director for

that division?

A.    No, he is not.

Q.    Who is division director?

A.    Dr. Thomas Fontaine.

Q.    So Dr. Obeysekera reports to Dr. Fontaine?

A.    Yes.

Q.    Is it correct that your work at this time

is focused in the Everglades system?

A.    Yes. I started before coming to this

division, I worked on the water budget for the

Everglades Agricultural Area before coming to this

division.

Q.    Was the EAA water budget your first project

as Senior Civil Engineer?

A.    I have many pieces of things that I did

that I don't remember.

Q.    Let me focus on the EAA water budget at

this time.

Who asked you to prepare that water budget?


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A.    Division, my supervisor.

Q.    That was Mr. Sculley?

A.    Yes, Mr. Sculley.

Q.    Did he assist you in that project?

A.    Yes.

Q.    Anyone else assist you?

A.    The co-auther of budget, Mr. Nagendra

Khanal.

MR. PERKO: Doctor, I'm going to show you

what I'll ask the court reporter to mark as

Exhibit Number 2.

(The document was marked

Abtew Exh. No. 2.)

BY MR. PERKO:

Q.    Do you recognize this document?

A.    Yes.

Q.    And it's entitled Water Budget Analysis For

The Everglades Agricultural Area (1979-1990),

correct?

A.    Yes.

Q.    Did you author this draft report?

A.    Yes, I did.

Q.    Along with Dr. Khanal?

A.    Yes, Mr. Khanal.

Q.    Mr. Khanal?

 


22

 

A.    Yes.

Q.    Does this indicate the results of the work

you did on the EAA water budget?

A.    This is a draft of the work I did on the

EAA water budget.

Q.    Have you finalized this report?

A.    Not yet. It's being reviewed right now.

Q.    Could you tell me, is it undergoing the

District's standard peer review processes?

A.    Yes, it has gone through one peer review,

and I have to look at the peer reviews and come up

with the next draft, which probably will go for a

second peer review.

Q.    Do you know who is on the peer review

committee?

A.    Well, from the other book, you can tell who

reviewed from different departments.

Q.    Those are the documents you just referred

to, all those have been produced?

A.    Yes, those are the ones which have been

produced.

MR. PERKO: I'll show you another document

here that I'll ask the court reporter to mark as

Exhibit Number 3 entitled Water Budget Analysis

for the Everglades Agricultural Area, an Organic


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Soil Drainage Basin, To Be Submitted To Water

Resources Bulletin.

(The document was marked

Abtew Exb. No. 3.)

BY MR. PERKO:

Q.    Do you recognize this document?

A.    Yes, I wrote this with Mr. Khanal.

Q.    Which did you prepare first, Exhibit Number

2 or Exhibit Number 3?

A.    Number 2.

Q.    Exhibit 3 --

A.    The period is January '73 to '91.

Q.    Let me direct your attention then to

Exhibit Number 2, since you prepared that one first.

Could you tell me what the purpose of this

report was or why you were asked to perform the

analysis reflected in this report?

A.    I don't know the reason, but the water

resource documentation, that's what I think.

Q.    What was your goal, what was the goal of

your analysis?

A.    Well, the goal of the analysis, to my

understanding, is documentation of hydrologic data in

South Florida which is under the District

responsibilities.

 


24

 

Q.    What aspects of hydrology of the EAA did

you examine?

A.    Everything, rainfall, evapotranspiration

and the flows into the ag area, water flows, and

water flows out of the ag area.

Q.    Did you address seepage in this analysis?

A.    I think we have mentioned somewhere in the

document that we estimated the seepage into and out

of the ag area to be zero, because of lack of data

and considering the flatness of the region. And

using our engineering judgment, we estimated it as

zero for this report.

Q.    Other than lack of data, what was the basis

for estimating that seepage was zero?

A.    Judgment.

Q.    Why in your judgment did you conclude that

seepage was zero?

A.    Well, there is no significant gradient of

water that is clear moving in one direction, as from

outside to the ag area or from the ag area to the

surrounding area in high volume that would offset our

study.

So as long as there is no supporting data

to conclude that significant volume of water is

moving on ground floor in ag area or into ag area,

 


25

 

the best estimate was to put that to zero and

consider the bigger factors which affected the water

of the area.

Q.    Maybe I got a little bit ahead of myself

here, but could you explain for me what is meant by

the term seepage?

A.    The term seepage is water that passes

beneath the face of the ground and leaves into or out

of a region.

Underground movement of water, that might

explain it.

Q.    And that movement could be either into the

EAA or out of the EAA?

A.    Yes, or on different sides it could be a

different picture, but we balance that out, estimate

whichever is leaking out or leaking in from all

sides. It can be estimated that zero with the

information we have.

Q.    Are you aware of any studies that have been

done to analyze seepage into and/or out of the EAA?

A.    Not that I remember.

Q.    Are you aware of any ongoing studies to

address seepage?

A.    I don't know one.

Q.    If such a study were being undertaken, who

 


26

 

would be the appropriate person at the District to

ask about whether such a study has been undertaken?

A.    I don't know.

Q.    Dr. Abtew, you mentioned that another

hydrologic aspect of the EPA that you addressed in

this report is evapotranspiration.

A.    Uh huh.

Q.    That's generally known as ET, correct?

A.    Yes.

Q.    From now on when I say ET, I'll mean

evapotranspiration.

A.    Uh huh.

Q.    Can you describe for me how you estimated

ET in your report, in your analysis?

A.    Well, in our analysis what we did is

everything else is measured, and the balance

remaining is calculated as ET. That is reported in

the document. The inflow, flow out, rainfall is

measured, and the remaining part is calculated as ET.

That's reported in the document.

On the other side, what could it be

theoretically if there is, if that estimate or

computed value is close to the statistical, I did the

report and reported that on the side of the report.

So whoever is using it can choose or relate

 


27

 

what it means. So both are reported in the document.

Q.    Am I understanding you correctly to say

that you essentially took two approaches to

estimating ET?

A.    Two approaches, yes.

Q.    One was what I'll term a water balance

approach?

A.    Yes.

Q.    Where you looked at flows into the system?

A.    Yes, and out of the system.

Q.    Through the canals, for example?

A.    And rainfall.

Q.    And flows out of the system through --

A.    The canals.

Q.    The canals. And the balance was estimated

to be ET; is that correct?

A.    Yes.

Q.    And the other approach was the theoretical

approach?

A.    Theoretical approach.

Q.    Could you explain in more detail what the

theoretical approach entailed?

A.    Theoretical approach, you have measures

using temperature, relative humidity, sunshine hours

and wind speed data and pond evaporation data.

 


28

 

There is an FAO-24 method, which the method

is called FAO-24 --

Q.    FAO --

A.    24.

Q.    FAO-24?

A.    Yes, Blaney-Criddle,

So I selected or I did the work on it

separately, which is a different document. You have

a copy, I think. It's a different document. And

hat document is cited in the water budget.

So ET was not estimated theoretically in

the water budget. That one is -- here.

Q.    Let me make sure I understand correctly.

You estimated ET in connection with another paper?

A.    Yes.

Q.    And those results were incorporated into

this report?

A.    That's right.

Q.    Okay. Is the report you are referring to

entitled Evapotranspiration Estimation Method for

South Florida?

A.    That's right.

Q.    (The Everglades Agricultural Area), by

W. Abtew and S.P. Sculley; is that correct?

A.    Yes.

 


29

 

Q.    And that was a paper presented at the 51st

Annual Meeting of the Soil and Crop Science Society

of Florida?

A.    Yes.

Q.    Dr. Abtew, let me ask you to refer to your

report and show me where your discussion of the

theoretical method is, in Exhibit Number 2.

A.    Show you?

Q.    Yes. What page is that discussion?

A.    It's on page 55. The title is Basin

Consumptive Use. It starts on page 55, but it

continues up to page 57, 55 to 57.

Q.    This discusses the results of the

theoretical approach; is that correct?

A.    The differences, results of the theoretical

approach.

Q.    Dr. Abtew, let me refer you to page 25 and

page 26 where you discuss the evapotranspiration

model.

A.    Yes. It's cited here, too.

Q.    Is this a further explanation of the

theoretical approach to estimating ET?

A.    Yes, this is also another place where it is

cited.

Q.    Okay.

 


30

 

A.    Page 26.

Q.    Let me ask you a couple of background

questions on this.

On page 26 you list three equations,

equation numbers 45, 46 and 47.

A.    Yes.

Q.    The first equation, which is labeled number

45, states ET crop equals Kc times ET zero.

A.    Sub zero.

Q.    What is meant by ET crop?

A.    That's the crop evapotranspiration.

Q.    Okay. What does that represent?

A.    That's evapotranspiration from a crop, what

the crop is. In that case it will be for that crop,

for that specific crop.

Q.    So there is a different value for different

crops?

A.    Yes. On page 27 I think that is shown,

different values for each type of crop and for each

month.

Q.    What is meant by the term Kc?

A.    That's control crop. That's called crop

coefficient.

Q.    What does that represent?

A.    That's the factor for each type of crop,

 


31

 

which is clearly shown on -- well, it's defined here

at the end as crop coefficient.

Q.    That's explained in your previous study?

A.    Yes, it's more clear in that document how

this thing is developed.

MS. BIRCH: How it is developed?

THE WITNESS: The details are in the other

document. If you want, I can go through and go

through the details.

MR. KOBELINSKI: Could I ask a quick

question that will save some confusion on my

part?

Is there a way to convert -- I guess this

is by inches to acre feet? Because some charts

on some studies are in acre feet and the other

ones are in inches.

Is there a way of converting it, or not

really?

THE WITNESS: There is a way. One inch

means one inch of water over an acre area, an

inch depth of water. One acre, there is 12

inches of water on one acre. So if you divide

the acre feet by 12, you get inch.

MR. KOBELINSKI: Thank you.

MR. PERKO: Dr. Abtew, I'm going to show


Return to Top                                                                                                                                32

 

you another document here which I'll ask the

court reporter to mark as Exhibit Number 4.

(The document was marked

Abtew Exh. No. 4.)

BY MR. PERKO:

Q.    Do you recognize this document?

A.    Yes, that is a document I wrote with

Mr. Sculley.

Q.    Is this the document you referred to before

which describes the method of estimating

evapotranspiration?

A.    Well, it is reported here in parallel with

the water budget.

Q.    And this report explains how you derived

the crop coefficient or Kc --

A.    Kp.

Kc is --

Q.    I'm sorry, I'm getting ahead of myself

here.

A.    It's crop dependent. How Kc is developed

is in this document on page 26.

Q.    This document, you are referring to Exhibit

Number 2?

A.    Exhibit Number 2, yes. How Kc is

developed, it is mentioned on page 26 on Exhibit

 


33

 

Number 2.

How Kp is developed, it is stated in

Exhibit Number 4.

Q.    How Kp is developed is explained in Exhibit

Number 4?

A.    Yes.

Q.    I guess I'm a little bit confused here.

On page 26 of Exhibit Number 2 you indicate

that Kc equals the crop coefficient?

A.    Yes.

Q.    Could you explain for me how you derived

the crop coefficient or Kc?

A.    It is stated here, it is derived using crop

growth information from the EAA, the state of the

crop at different times each month, and then there

are references in FAO-24 document for each stage of

crop. There are case estimates which are widely

used, and for the reference, it is cited here.

MR. PERKO: Why don't we take a break.

(Thereupon, a recess was taken.)

BY MR. PERKO:

Q.    Dr. Abtew, I'm going to ask you a couple

more questions about Kc or crop coefficient.

Are there any specific equations used to

get the Kc or did you use any equations to derive the

 


34

 

Kc values or did you simply obtain them from a table

in another reference?

A.    I think it is clearly stated on Exhibit 2,

page 26.

Q.    I'm still a little bit confused.

Did you use an equation to develop the Kc?

A.    No, I didn't use any equation.

Q.    How did you derive Kc?

A.    Using information from that crop growing

part on the EAA and the crop coefficient estimates in

the FAO-24 document.

Q.    Okay. Let me ask you about Kp, potential

evapotranspiration coefficient.

How did you derive Kp?

A.    It's shown in Exhibit 4. It's a long

process. It is shown in Exhibit 4 how Kp is derived.

Q.    Specifically are you referring to page nine

of Exhibit 4?

A.    Page 27, the last values are shown on page

27.

Q.    So page 27 --

A.    Is the result.

Q.    The result?

A.    Yes.

Q.    The actual numbers derived?

 


35

 

A.    The whole document has to be read to see

how those coefficients were derived.

Q.    Could I refer you to page 9 of Exhibit 4?

A.    Okay.

Q.    Is that the equation used to derive Kp?

A.    That's right.

Q.    Dr. Abtew, how do these parameters, Kc and

Kp, take into consideration such factors as growing

seasons, crop burning, water tables or crop

rotations?

Do they take into consideration those

factors?

A.    No.

Q.    Referring back to the equations set forth

on page 26 of Exhibit 2, equations 45, 46 and 47,

were these equations that were calibrated to actual

ET crop values?

A.    There is no data to calibrate, actual data

to calibrate the values.

Q.    Dr. Abtew, what was the result of the

theoretical approach explained in Exhibit Number 2?

A.    The result, the evapotranspiration as

calculated by the theoretical approach was a little

higher than the water balance approach. It is in the

document.

 


36

 

Q.    I just want to make sure I understand.

That's why I'm asking the questions.

So am I understanding correctly that the

water balance approach comparing inflows and outflows

to derive ET resulted in a lower number --

A.    Lower number.

Q.    -- than the theoretical approach?

A.    Yes.

Q.    Okay. Why do you think the theoretical

approach resulted in a higher number?

A.    Well, it's mentioned in the document. The

theoretical approach might not be well suited for the

area or there could be other reasons which we don't

know.

Q.    Which you don't know?

A.    Which I don't know.

Q.    Why might the theoretical approach not be

well suited for the area?

A.    Because it is theoretical. You have to

estimate coefficients and theoretical methods to know

all the actual result.

Q.    Is it your opinion that the water balance

approach to estimating ET is more accurate than the

theoretical approach?

A.    I don't level it that way. That needs

 


37

 

further work to conclude one way or the other.

Q.    Are you currently performing any additional

work to try to get an answer to that question?

A.    Yes. I am studying evaporation study of

wetland plants and that might help calibrate

equations and see what actually is going up into the

air from the plant surface.

Q.    I'll ask you some questions about that in a

little bit.

Let me refer you back to Exhibit Number 3.

Exhibit Number 3 is the later report which you

developed in connection with this study?

A.    Yes.

Q.    And you stated that you used a different

period of record; is that correct?

A.    Yes.

Q.    Why did you use a different period of

record?

A.    Well, this time the study was extended to

cover longer period than the previous one.

Q.    And what was the period of record it

covered?

A.    This one is from '73 to '91. The previous

one was from '79 to '90. So this is longer, 18 years

or so and 11 years.

 


38

 

Q.    And is it correct to say that you basically

used the same approach to estimating ET in this

report as you did in Exhibit 2?

A.    Let me check. Well, I have to read the

document if I have used the same approach or just

reported here on page 16, I have reported the water

budget ET.

Q.    And the discussion on page 16 referred to,

is that to the Consumptive Use section?

A.    Uh huh.

Q.    Dr. Abtew, let me ask you some questions

now about the work you are currently doing involving

wetland plants.

Could you explain to me what that project

involves?

A.    It's part of the Everglades Nutrient

Removal Project.

Q.    By Everglades Nutrient Removal Project, do

you mean what's typically referred to as the ENR

Project?

A.    Yes, ENR Project.

Q.    What is the purpose of your work?

A.    The purpose of my work is to quantify the

amount of water that is lost by evapotranspiration

from wetland plants.

 


39

 

Q.    Are you looking at specific wetland plants?

A.    I haven't decided that yet.

Q.    When do you believe that you will decide?

A.    Next week.

Q.    Why are you looking at wetland plants and

not agricultural plants?

A.    Part of the ENR work, so we want to do the

water budget of the site. For that purpose, we need

to measure the wetland plant evapotranspiration.

Q.    What is the current status of that work?

A.    I don't know. That's not under my

supervision.

Q.    No, I mean your part of the work, the

estimation of the ET issue with wetland plants.

A.    The equipment is bought and the design work

is done. Installation will be done the initial time.

So installing it on the site is what is remaining,

and then we start measuring, everything is read.

Q.    How do you plan to go about quantifying the

ET associated with these wetland plants?

A.    Measure as the residue out of the water

budget. The lysimeter is a control. You have a big

tank, 2,000-gallon tank, over 2,000-gallon capacity

tank where there is a lysimeter.

And you pretty much control the inflow and


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outflow with pumps and flow meters, and remaining

should be quantified as ET. That's standard method

of measuring evapotranspiration.

Q.    Essentially that's a laboratory test?

A.    No, it's not laboratory. It is field test.

Q.    Field test?

A.    Yes, right at the marsh site. It's a long --

the detail is a lot.

Q.    So you will be using the lysimeter, is that

how you say it?

A.    Yes.

MR. KOBELINSKI: How do you spell that?

THE WITNESS: L-y-s-i-m-e-t-e-r.

BY MR. PERKO:

Q.    And essentially that's a 2,000-gallon tank?

A.    A little over 2,000.

Q.    And you will be growing different types of

wetland plants --

A.    Yes.

Q.    -- to determine the ET associated with

those different species; is that correct?

A.    Yes, uh huh.

Q.    Is there any deadline for your work to be

completed?

MS. BIRCH: Object to the relevancy of this

 


41

 

work on the ENR project, as his expertise will

be in developing the results of the water budget

for the EAA.

BY MR. PERKO:

Q.    Dr. Abtew, do you intend to rely on the

work you are doing on wetland plants that we have

been discussing in developing any expert testimony in

the pending SWIM Plan challenge?

A.    This work is not yet started, so I can't

tell whether I will use it or not.

Q.    How long do you anticipate this program to

last?

MS. BIRCH: Object to the relevancy.

BY MR. PERKO:

Q.    You can answer the question.

A.    For a long time, an indefinite time. I

can't tell.

Q.    A period of years?

MS. BIRCH: Objection, calls for

speculation.

MR. PERKO: You can answer the question.

MS. BIRCH: If you know.

BY MR. PERKO:

Q.    If you know.

A.    I don't know how long it's going to take.

 


42

 

Q.    Dr. Abtew, is this work that we have been

discussing involving wetland plants and the ET, is

that described in any written documents?

MS. BIRCH: Objection to relevancy.

THE WITNESS: Yes, it is described in the

design manual, design papers which I designed.

BY MR. PERKO:

Q.    Did you produce those in response to the

notice of duces tecum?

MS. BIRCH: Objection to relevancy, lack of

foundation.

THE WITNESS: What's a duces tecum?

MS. BIRCH: The witness has not testified

that he has relied upon that for any use in the

development of the EAA water budget.

MR. PERKO: I understand that. I'm simply

asking him if he produced those documents in

response to the notice of duces tecum that was

served upon him.

MS. BIRCH: Why would he produce them

unless there has been established that he has

used those?

MR. PERKO: I'm asking him if he produced

them.

 


43

 

BY MR. PERKO:

Q.    Did you produce those documents in response

to the duces tecum?

A.    No.

Q.    Is there a project code for this work?

MS. BIRCH: Objection to the relevancy.

THE WITNESS: No. I don't know of a

project code.

BY MR. PERKO:

Q.    Dr. Abtew, in the course of this project

involving wetland plants, are you going to be testing

natural marsh fauna?

MS. BIRCH: Objection to the relevancy;

objection, it calls for speculation, and lack of

foundation.

I would also, I object to this line of

questioning. I mean Dr. Abtew has been listed

by the District as an expert in the area of

developing the results of the EAA water budget.

If you want to ask him -- I mean now you

are asking him about work that he clearly has

stated has no relevancy to this --

MR. PERKO: I don't think he has clearly

stated it has no relevancy. He said he doesn't

know at this time.

 


44

 

MS. BIRCH: From his opinion, he said he

has not relied upon it. He has told you that he

has no idea of when this work may or may not be

done, and you have not established through any

previous testimony that it has any relevancy to

anything related to the EAA, development of the

water budget.

MR. PERKO: Clearly relevant to the

development of evapotranspiration that he has --

he has not indicated that he will not under any

circumstances be relying upon this at trial.

If there is any chance he will be relying

upon this at trial, I need to know about it.

And I'm not intending to explore this ad

nauseam. I just want to ask him a few simple

questions about the scope of this work.

MS. BIRCH: I understand your statement and

where you are going, but I just want to make it

clear that from his previous testimony, he has

not made any indication that he is in any way

going to rely upon that work.

MR. KOBELINSKI: Do you mind if I voir dire

for a second so we can get by the relevancy

objection?

MS. BIRCH: Go ahead, counselor.

 


45

 

MR. KOBELINSKI: Okay.

VOIR DIRE EXAMINATION

BY MR. KOBELINSKI:

Q.    Dr. Abtew, the ENR project, where is that

located?

A.    It's located in, west of Water Conservation

Area 1.

Q.    Within the EAA?

A.    Right at the edge of the EAA, but it's no

more part of the EAA, I guess.

Q.    It is your understanding it's not part of

the EAA any longer?

A.    It is being changed to wetlands rather than

agricultural area.

Q.    But is it within the physical geographical

boundary?

A.    Yes, at the edge.

Q.    Approximately how many acres are comprised

of the ENR project?

A.    I don't know exactly how much there is.

Q.    Is the ENR project similar at all to the

Stormwater Treatment Areas that are being

contemplated by the Stormwater Treatment Plan?

MS. BIRCH: Objection to the relevancy.

MR. KOBELINSKI: I'm just voir diring.

 


46

 

MS. BIRCH: I object to the relevance of

the nature of this voir dire as to foundation,

as to relevancy to the EAA.

BY MR. KOBELINSKI:

Q.    Is the ENR a precursor project or similar

nature to the Stormwater Treatment Areas contemplated

by the SWIM Plan?

A.    I'm not in a position to decide or

determine what the project is going to be with regard

to SWIM Plan.

Q.    Is it your understanding that Stormwater

Treatment Areas will be artificial wetlands marshes?

A.    I beg your pardon?

Q.    Is it your understanding that Stormwater

Treatment Areas will be comprised of predominantly

artificial wetlands marshes?

A.    I don't know.

Q.    You don't know?

A.    No.

Q.    Do you know what the approximate area of

the Stormwater Treatment Areas are?

A.    In the SWIM document it is stated about

36,000 acres.

Q.    And that 36,000 acres is contemplated to be

part of the geographic EAA; is that correct?

 


47

 

A.    I'm not sure where it is going to be

located.

Q.    If it was part of the geographic Everglades

Agricultural Area, would the coefficient for those

marsh lands have an impact on the ET in the

Everglades Agricultural Area?

MS. BIRCH: Objection, it calls for

speculation again. I see no relevance or

foundation.

MR. KOBELINSKI: He is an expert. I'm

asking an expert opinion as to whether or not

36,000 of wetlands marsh would impact the

coefficient of ET in the EAA.

BY MR. KOBELINSKI:

Q.    Would that impact the --

A.    ET is calculated for each crop. If you

change the crop to anything else, the values will

change.

Q.    If the ET value changes for the EAA as a

result of the STAs, would that impact the water

budget for the EAA?

A.    Whenever you change the crop type, the

coefficient changes.

So I haven't done for wetlands theoretical

ET calculation. I can't tell you which way it is

 


48

 

going to change or how much, how much the coefficient

is going to change.

Q.    I understand you can't tell the degree of

change, but it would impact the water budget itself;

is that correct?

A.    Yes, it would impact the water budget

itself.

MR. KOBELINSKI: I think we have enough

relevancy as to why his testing of the

artificial wetlands marsh within the EAA will

impact the water budget.

MS. BIRCH: Same objection, relevancy and

foundation.

CONTINUED DIRECT EXAMINATION

BY MR. PERKO:

Q.    Dr. Abtew, as part of this work with

wetland plants, are you going to be testing natural

marsh fauna?

A.    Yes, natural marsh plants.

Q.    By natural marsh fauna, I mean the types of

fauna that are found in the water conservation areas.

A.    Well, the type of plants to be tested is

not determined. I have to consult the people for

various information.

So that's not yet determined what kinds of

 


49

 

plants are going to be put in.

Q.    Who will you be consulting in determining

what kinds of plants are going to be tested?

A.    Dr. Sue Newman.

Q.    Anyone else?

A.    That's all.

Q.    Dr. Abtew, have you ever estimated ET for

the water conservation areas?

A.    I don't think so. I don't remember that.

Q.    Are you aware of any studies or analyses

performed by the District to estimate ET in water

conservation areas?

A.    I think there are some works which are --

I'm not certain, I can't remember documents, but I'm

sure there are some.

Q.    Who at the District, if you know, would be

most knowledgeable about any estimations of ET in the

water conservation areas?

A.    I don't know.

Q.    Dr. Abtew, are you familiar with the water

balance analysis of the EAA performed by CH2 Mill

Hill?

A.    Yes, I have seen the document. I have read

it sometime, a long time back.

Q.    What is your general opinion of that

 


50

 

analysis?

A.    I don't remember the results and I couldn't

say anything now.

Q.    Okay. Do you recall what methodology was

used in that study to determine ET?

A.    I don't recall now.

Q.    Dr. Abtew, do you know if anyone at the

District has been asked to prepare a water budget for

the STAs proposed in the SWIM Plan?

MS. BIRCH: Objection to relevancy.

MR. PERKO: Just asking if he knows. It's

clearly relevant to the subject matter of this

case.

MS. BIRCH: Of this case, but not this

witness.

MR. PERKO: I'm asking if he knows.

THE WITNESS: I don't remember if I have

done this kind of work.

BY MR. PERKO:

Q.    Do you know if anyone else has been asked

to perform a water budget?

MS. BIRCH: Same objection.

THE WITNESS: I don't remember.

BY MR. PERKO:

Q.    Dr. Abtew, have you had any involvement in


Return to Top                                                                                                                                51

 

the design of the STAs proposed in the Everglades

SWIM Plan?

A.    No, I don't have any involvement in the

design.

Q.    Have you had any involvement in the sizing

of the STAs?

MS. BIRCH: Objection to relevancy.

THE WITNESS: No, I didn't have

involvement.

MR. PERKO: Dr. Abtew, I'd like to show you

what I'll ask the court reporter to mark as

Exhibit Number 5.

(The document was marked

Abtew Exh. No. 5.)

BY MR. PERKO:

Q.    Do you recognize this document?

A.    Yes.

Q.    What is this document?

A.    This is Everglades Research Plan.

Q.    Did you help draft that document?

A.    Yes.