1

 1           Division of Administrative Hearings
 2     Department of Administration, State of Florida
 3    SUGAR CANE GROWERS COOPERATIVE       )
      of FLORIDA; ROTH FARMS, INC.; and    )
 4    WEDGEWORTH FARMS, INC.,              )
                 Petitioners,              )
 5       V                                 )   DOAH
      SOUTH FLORIDA WATER MANAGEMENT       ) Case 92-3038
 6    DISTRICT, an agency of the State     )
      of Florida; et al.,                  )
 7             Respondents.                )
      FLORIDA SUGAR CANE LEAGUE, INC.;     )
 8    UNITED STATES SUGAR CORPORATION;     )
      and NEW HOPE SOUTH, INC.,            )
 9               Petitioners,              )
        V                                  )    DOAH
10    SOUTH FLORIDA WATER MANAGEMENT       ) Case 92-3039
      DISTRICT, an agency of the State     )
11    of Florida, et al.,                  )
               Respondents.                )
12    FLORIDA FRUIT and VEGETABLE          )
      ASSOCIATION; LEWIS POPE FARMS;       )
13    W.E. SCHLECHTER & SONS, INC.,        )
      and HUNDLEY FARMS, INC.,             )
14               Petitioners,              )
         V                                 )    DOAH
15    SOUTH FLORIDA WATER MANAGEMENT       )  Case 92-3040
      DISTRICT, an agency of the State     )
16    of Florida, et al.,                  )
               Respondents.                )
17 
   
18            Deposition of Sandra Formati
   
19             Taken before April Y. Sapp, Court Reporter
     and Notary Public in and for the State of Florida at
20   large, pursuant to notice of taking deposition filed
     by the Petitioners in the above cause.
21                           -  -  -
     Monday October 19, 1992
22   3301 Gun Club Road
     West Palm Beach, Florida 33406
23   9:35 a.m. - 2:22 p.m.
   
24 
                             -  -  -

                                                 2

 1    APPEARANCES:
 2 
          On behalf of the Petitioners Florida Sugar
 3             Cane League, Inc., United States Sugar, Corp.,
               and New South Hope, Inc.:
 4             Peeples, Earl & Blank, P.A.
               One Biscayne Tower, Suite 3636
 5             Two South Biscayne Boulevard
               Miami, Florida  33131
 6             By:  JONATHAN L. GAINES, ESQUIRE
   
 7        On behalf of the Respondent SFWMD:
               South Florida Water Management District,
 8             3301 Gun Club Road
               West Palm Beach, Florida  33406
 9             By:  RUTH CLEMENTS, ESQUIRE
   
10        On behalf of the Intervenor United States of America:
               Department of Justice
11             155 South Miami Avenue, Suite 627
               Miami, Florida  33130-1693
12             By:  ROBERT ROSENBERG, ESQUIRE
   
13                         -  -  -

                                                 3

 1                         -  -  -
 2                      I  N  D  E  X
 3                         -  -  -
 4 
 5  WITNESS:            DIRECT  CROSS  REDIRECT  RECROSS
 6  Sandra Formati
 7 
    BY MR. GAINES         4
 8 
   
 9 
   

                                                 4

 1                         -  -  -
 2                     E X H I B I T S
 3                         -  -  -
 4 
 5  NUMBER                       PAGE NO.
 6  EXB. NO. 1                      70
    Memorandum 6-5-90 To Paul Whalen From Sarah Nall
 7 
    EXB. NO. 2                      70
 8  What Remains to be Completed for Vol. II
   
 9  EXB. NO. 3                      70
    Electronic Files
10 
    EXB. NO. 4                      70
11  Draft Everglades SWIM Plan (9-24-91 version)
    Comments and Proposed District Responses 12-11-91
12 
    EXB. NO. 5                      70
13  Draft Everglades SWIM Plan Revision
    Everglades SWIM Plan Proposed Revision
14 
    EXB. NO. 6                      70
15  External Comments Received on the Draft
    Everglades SWIM Plan
16 
    EXB. NO. 7                      87
17  Draft Surface Water Improvement
    Supporting Information Document 9-24-91
18 
    EXB. NO. 8                      89
19  SWIM Legislation
   
20  EXB. NO. 9                      104
    61357
21 
    EXB. NO. 10                     106
22  D. Swift 3-2-90
    Draft Outline Issues to go into Vol. II

                                                 5

 1                P R O C E E D I N G S
 2                       -  -  -
 3   Thereupon,
 4              Sandra Formati,
 5   being by the undersigned Notary Public first duly
 6   sworn, was examined and testified as follows:
 7              THE WITNESS:  I do.
 8                      DIRECT (Sandra Formati)
 9   BY MR. GAINES:
10       Q.    Ma'am, would you please state your name.
11       A.    Sandra Formati.
12       Q.    Have you ever had your deposition taken
13   before?
14       A.    No.
15       Q.    Let me just explain to you what we're here
16   for and how it works.  My name is John Gaines and I
17   represent the Florida Sugar Cane League, U.S. Sugar
18   Corporation and New South Hope, Inc. in the SWIM plan
19   challenge, which is an ongoing proceeding.
20             Your deposition is being taken in that
21   proceeding.  I'm going to ask you some questions and
22   you'll give me answers and she'll take it all down.
23   If you don't understand any of my questions or you
24   need me to make it more clear or rephrase it just let
25   me know and I'll try to help you out with that.

                                                 6

 1             Also, I understand that you have some back
 2   problems that might be occurring.  If you need to
 3   take a break at any time or you want to get up and
 4   walk around, whatever you need to do, let me know and
 5   we'll accommodate you for that.
 6             You are employed currently by the South
 7   Florida Water Management District, is that correct?
 8       A.    Yes.
 9       Q.    How long have you been with the District?
10       A.    A little over three and a half years.
11       Q.    And what is your current position?
12       A.    Assistant engineering technician.
13       Q.    Assistant -- I'm sorry.
14       A.    Engineering technician.
15       Q.    Could you briefly describe for me your
16   educational background?
17       A.    I have a Bachelor of Science in biology.
18       Q.    Where did you get that?
19       A.    University of West Florida in Pensacola.
20       Q.    Okay.  What year was that?
21       A.    1980.
22       Q.    19 --
23       A.    '80.
24       Q.    -- 80.
25             Any other graduate or undergraduate

                                                 7

 1   degrees?
 2       A.    No.
 3       Q.    Where were you born, ma'am?
 4       A.    Youngstown, Ohio.
 5       Q.    After graduating from the University of
 6   West Florida in 1980 where were you employed?  What
 7   did you do next?
 8       A.    Jones & Laughlan.
 9       Q.    What kind of organization is that?
10       A.    Steel company.
11       Q.    A steel company?
12       A.    Steel.
13       Q.    Where are they located?
14       A.    Youngstown, Ohio.
15       Q.    Is that like a steel mill?
16       A.    Yes.
17       Q.    What did you do there?
18       A.    I was a technician in the chemistry lab.
19       Q.    You say you got your B.S. in biology.  Any
20   particular specialty or sub area of biology?
21       A.    Marine biology.
22       Q.    Did you ever do any work toward a graduate
23   degree?
24       A.    No.
25       Q.    As a technician with Jones & --

                                                 8

 1   L-o-c-h-e-r-a-n?
 2       A.    L-a-u-g-h-l-a-n.
 3       Q.    I was close.
 4             As a technician with them in the chemistry
 5   lab, what were your job duties?  What kind of things
 6   did you do?
 7       A.    I tested the steel samples that came in
 8   before the steel was poured.
 9       Q.    And how were those tests done just briefly?
10       A.    How?  Well, there were a lot of different
11   tests they did using lab equipment.
12       Q.    And you were the person or one of the
13   people that actually physically did the tests on the
14   steel samples?
15       A.    Uh huh.
16             MS. CLEMENTS:  Sandra, you need to answer
17        yes or no because the court reporter can't get
18        just nods or shakes and so forth.
19   BY MR. GAINES:
20       Q.    Yeah.  You have to help her out.
21             What other types of duties did you have at
22   Jones & Laughlan if any?
23       A.    That was it.
24       Q.    Then in connection with the tests that you
25   did on the steel samples would you write reports?

                                                 9

 1       A.    No.  I kept lab books of my records.
 2       Q.    How long were you with Jones & Laughlan?
 3       A.    I don't remember.
 4       Q.    Where did you go from there?
 5       A.    I went to Denver.
 6       Q.    Denver.
 7             Were you employed in Denver?
 8       A.    No.
 9       Q.    What was the next employment that you held?
10       A.    I worked for a jewelry company.
11       Q.    Where was that?
12       A.    Fort Lauderdale.
13       Q.    How long were you located in Denver?
14       A.    Couple of months.
15       Q.    And do you recall what year this was or do
16   you have a rough estimate?
17       A.    '81.
18       Q.    So you were at Jones & Laughlan about a
19   year before you went to Denver?
20       A.    Yes.
21       Q.    And then after a couple of months in Denver
22   you moved to Fort Lauderdale, is that correct?
23       A.    No.  I came back to Ohio first.
24       Q.    Okay.
25       A.    And then to Fort Lauderdale.

                                                 10

 1       Q.    Okay.  I'm just trying to get your general
 2   background.  But for whatever personal reasons you
 3   left Ohio, you went to Denver, you came back to Ohio
 4   and then moved to Fort Lauderdale?
 5       A.    Uh huh.
 6       Q.    And then you had a job with a jewelry
 7   company?
 8       A.    Yes.
 9       Q.    What jewelry company was that?
10       A.    I don't remember the name.
11       Q.    What did you do there?
12       A.    I worked in the office.
13       Q.    Clerical work?
14       A.    Yes.
15       Q.    Typing, secretarial work?
16       A.    Yes.
17       Q.    And how long were you in that job?
18       A.    It was a temporary job.  Just a couple of
19   months.
20       Q.    Can you just sort of, in a narrative
21   fashion, take me through your history up until the
22   time you came to the Water Management District?
23   Maybe we can cut some of this short.
24       A.    Well, after I left the jewelry company I
25   worked for several different labs as a technician.  I

                                                 11

 1   worked for an insurance adjusting office and the last
 2   job I held before I moved to Palm Beach County was in
 3   a battery lab for a battery company.
 4       Q.    Okay.  You say you worked for several
 5   different labs as a technician.  Can you tell me
 6   which labs those were?
 7       A.    Well, the job previous to coming to the
 8   District was a tissue culture lab.
 9       Q.    That was just prior to coming to the
10   District?
11       A.    Yes.
12       Q.    Tissue culture lab?
13       A.    Yes.
14       Q.    What was the name of that lab?
15       A.    Agragene, (phonetic).
16       Q.    Where are they located?
17       A.    Lantana.
18       Q.    You were a technician there?
19       A.    Research assistant.
20       Q.    What kind of functions did you perform in
21   that capacity?
22       A.    I mixed media for the plants.  I mixed the
23   salts.  I developed techniques for cutting the plants
24   and the types of media to be used.  I supervised the
25   production of media.

                                                 12

 1       Q.    When you say media are you talking about
 2   something that goes in a Petri dish that grows
 3   cultures?
 4       A.    Yes.
 5       Q.    And you were the person who actually mixed
 6   the this stuff up and filled the Petri dishes?
 7       A.    I did that and also supervised other people
 8   who mixed the media.
 9       Q.    Who was your supervisor there?
10       A.    Alice Vidra.
11       Q.    V-i-d-r-o?
12       A.    V-i-d-r-a.
13       Q.    Did you do any other -- did you have any
14   other functions there other than what you've just
15   described?
16       A.    I supervised the people who autoclaved the
17   media and washed the dishes.
18       Q.    What kind of tissues were you growing at
19   this lab?  What kind of tests?
20       A.    Plant.
21       Q.    Plant?
22       A.    (Nods.)
23       Q.    And which -- what kind of customers used
24   the services of the lab?
25             MS. CLEMENTS:  If you know go ahead and

                                                 13

 1        answer it.
 2             THE WITNESS:  Growers.
 3   BY MR. GAINES:
 4       Q.    Growers?
 5       A.    Uh huh.
 6       Q.    What kind of growers?
 7       A.    Nurseries.
 8       Q.    Do you know the approximate time frame you
 9   worked at Agragene?
10       A.    This is about five years ago for about a
11   year and a half.
12       Q.    And this was the job you had just prior to
13   coming to the District?
14       A.    Yes.
15       Q.    You mentioned that you were with several
16   different labs.  Can you tell me the other labs you
17   were with?
18       A.    I worked for a cancer research lab as a
19   technician in Fort Lauderdale and the one I already
20   mentioned.
21       Q.    Okay.  The cancer research lab, what was
22   the name of that?  You knew I was going to ask that?
23       A.    Yes.  I can't remember.
24       Q.    You can't recall the name?
25       A.    No.

                                                 14

 1       Q.    Can you recall when you worked there?
 2       A.    I'm guessing it's seven or eight years ago.
 3       Q.    Do you have a resume, current resume here
 4   in your possession?
 5       A.    No.
 6       Q.    Did you prepare one when you became
 7   employed by the District?
 8       A.    Yes.
 9       Q.    Do you still have copies of that one?
10       A.    No.
11       Q.    Do you know if anyone at the District in
12   personnel or someplace would have a copy of that?
13       A.    Yes.
14       Q.    Who would have that?
15       A.    I believe it's in my personnel folder.
16       Q.    Do you know who is in charge of personnel --
17       A.    No.
18       Q.    -- would be in charge of your personnel
19   folder?
20       A.    No.
21       Q.    Is there a Personnel Department?
22       A.    Yes.  Human Resources.
23       Q.    And what type of functions did you perform
24   at the cancer research lab?
25       A.    I worked with the mice in harvesting fluid

                                                 15

 1   from the mice that had cancer.
 2       Q.    Harvesting?
 3       A.    The type of fluid that they had from the
 4   cancer.
 5       Q.    So they had a lab full of mice that they
 6   were doing different experimental procedures with and
 7   you worked with the mice?
 8       A.    Uh-huh.
 9       Q.    And did you generate reports in that job as
10   well?
11       A.    No.
12       Q.    Do you remember who your supervisor was?
13       A.    No.
14       Q.    Did you have an immediate supervisor there?
15       A.    Yes.
16       Q.    All right.  What other labs?
17       A.    That's it.
18       Q.    Just the two?
19       A.    That's three.
20       Q.    You told me about the tissue culture lab,
21   Jones & Laughlan steel company and the cancer
22   research lab.  What am I leaving out?
23       A.    A battery lab.
24       Q.    Okay.  What was the battery lab?
25       A.    ACR Electronics in Hollywood.

                                                 16

 1       Q.    When were you employed there?
 2       A.    I'm guessing 1984.
 3       Q.    For how long?
 4       A.    A year.
 5       Q.    And what functions did you perform at ACR?
 6       A.    I assisted the battery chemists.
 7       Q.    In what way?
 8       A.    Testing batteries, making up batteries.  I
 9   tested incoming chemicals to see if they were okay
10   for use for production.
11       Q.    Did you write reports as part of this job?
12       A.    I filled out a sheet for the company on
13   chemicals showing what I found, the amount
14   specifications.
15       Q.    Any other significant employment prior to
16   coming to the District that we haven't talked about?
17       A.    I can't think of any.
18       Q.    How did you come to be employed by the
19   Water Management District?  Did you come and
20   interview for a job?  Did you see an ad in the paper?
21       A.    I saw an ad in the paper and I applied.
22       Q.    And for what position?
23       A.    Technician in the chem lab.
24       Q.    I'm sorry?
25       A.    A technician for the chem lab, chemistry

                                                 17

 1   lab.
 2       Q.    And were you hired in that position?
 3       A.    Yes.
 4       Q.    Who hired you?
 5       A.    Bill Donovan.
 6       Q.    What is his position?
 7       A.    I'm not sure.  He's left the lab.  He's not
 8   in the lab any more.
 9       Q.    He was connected with the chemistry lab?
10       A.    Yes.
11       Q.    When was this?  When did you start with the
12   District?
13       A.    It's a little over three and a half years.
14       Q.    As a chemistry lab technician what were
15   your duties?
16       A.    I tested for the solids, fluorides and a
17   lot of bottle washing.
18       Q.    I'm sorry.  I didn't hear the last part.
19       A.    A lot of bottle washing.
20       Q.    A lot of bottle washing.
21             Was this a full time or part time position?
22       A.    Full time.
23       Q.    So when you say you tested for solids you
24   were involved in testing samples of water for solids?
25       A.    Yes.

                                                 18

 1       Q.    And you worked in the lab physically doing
 2   these tests?
 3       A.    Yes.
 4       Q.    And who was your supervisor in the lab?
 5       A.    Bill Donovan.
 6       Q.    What was the testing for fluorides?  You
 7   say you also tested for fluorides?
 8       A.    Yes.
 9       Q.    That was also --
10       A.    It's kind of a long procedure.  I couldn't
11   really give it to you off the top of my head.
12       Q.    Give me a general description of it,
13   please.
14       A.    I really couldn't.
15       Q.    Well, does it also involve testing a water
16   sample?
17       A.    Yes.
18       Q.    You take it, put it in machine or add some
19   chemicals to it?
20       A.    Add some chemicals to it and then test it
21   on a machine.
22       Q.    In doing these tests on the water samples,
23   were you working independently or under Mr. Donovan's
24   direction?  Were you an assistant or were you doing
25   these tests yourself?

                                                 19

 1       A.    Doing the tests myself.
 2       Q.    And then what was done with the data that
 3   you generated?
 4       A.    I filled out a report and turned it in.
 5       Q.    Do you know what happened with the reports?
 6       A.    No.
 7       Q.    Were you working on specific -- specific
 8   defined studies that the Water Management District
 9   was doing?
10       A.    I don't know.
11       Q.    How were your tasks given to you in the
12   chemistry lab?
13       A.    I received -- I got a print out of the
14   sample numbers that needed to be tested for fluorides
15   or solids, but I don't have any idea what project
16   they were associated with.
17       Q.    So you would get a sample of water that
18   just had a sample number?
19       A.    Yes.
20       Q.    And did you have any idea where that water
21   came from?
22       A.    No.
23       Q.    And you didn't have any real feel for where
24   your data fit into any kind of ongoing study or
25   monitoring effort?

                                                 20

 1       A.    No.
 2       Q.    In your later work on the Everglades SWIM
 3   Plan, did you ever see any data cited that you
 4   recognized as something you had generated?
 5             MS. CLEMENTS:  Objection.  No foundation.
 6             Go ahead.
 7   BY MR. GAINES:
 8       Q.    At some point later in your career at the
 9   District, you did some work on the Everglades SWIM
10   Plan, is that correct?
11       A.    Yes.
12       Q.    In doing that work, did you ever notice
13   whether any of your -- of the data that you had
14   generated was cited to in the SWIM plan?
15       A.    No.
16       Q.    Did you ever notice one way or the other?
17       A.    No.
18       Q.    Other than these tests we're talking about
19   and the bottle washing type functions were there any
20   other tasks that you had as the chem lab technician?
21       A.    No.
22       Q.    How long did you stay in that capacity,
23   chemistry lab technician?
24       A.    Four and a half months.
25       Q.    And what happened after four and a half

                                                 21

 1   months?
 2       A.    It was a temporary position.  It ended.  I
 3   applied for another position.
 4       Q.    Oh.  The chem lab position was only
 5   temporary?
 6       A.    Yes.
 7       Q.    And you knew that when you started?
 8       A.    Yes.
 9       Q.    All right.  And when that happened what
10   position did you apply for?
11       A.    Another temporary position, water quality
12   research technician.
13       Q.    And you got that position, I assume.
14       A.    Yes.
15       Q.    What was the water quality research
16   technician?  What duties did you have in that role?
17       A.    I assisted people who were working on the
18   Everglades SWIM Plan.
19       Q.    When you were with the chemistry lab what
20   department or division of the Water Management
21   District were you working in?
22       A.    Water Quality.
23       Q.    Water Quality Department or division?
24       A.    Department.
25       Q.    And in the organizational set up is there

                                                 22

 1   also a division that that's part of?
 2       A.    Chemistry lab.
 3       Q.    And as a water quality research technician
 4   were you also in the Water Quality Department?
 5       A.    Yes.
 6             I'm not real positive on these answers as
 7   far as the organization.
 8       Q.    That's a good point.
 9       A.    I'm kind of guessing.
10       Q.    On these answers, or any of your answers,
11   if you don't know the answer to something, you can
12   say you don't know.  You don't have -- I don't want
13   you to guess at any of this stuff.  If you don't know
14   just tell me you don't know, please.
15             Who hired you for the water quality
16   research technician job?
17       A.    Joel VanArman.
18       Q.    This was approximately three years ago?
19       A.    Yes.
20       Q.    What is Mr. VanArman's position or what was
21   it then?
22       A.    Supervising professional.
23       Q.    And what were you hired to do?  What were
24   your duties?
25       A.    I was taking data from permits and putting

                                                 23

 1   it into xerox format tables.
 2       Q.    Anything else?
 3       A.    Well, I was in that position for awhile, so
 4   what do you mean?
 5       Q.    Okay.
 6       A.    That was initially what I was doing when I
 7   was hired.
 8       Q.    When you were initially hired for this you
 9   said it was another temporary position.  How long was
10   it to last?
11       A.    A year and a half.
12       Q.    At that point in time you said you were
13   assisting the people who were working on the SWIM
14   plan three years ago.  This was in 1989 --
15       A.    (Nods.)
16       Q.    -- when you came on board?
17             MR. ROSENBERG:  I think that was a yes.
18        She nodded her head.
19             THE WITNESS:  Yes.
20             MR. GAINES:  I'm sorry.  The witness nodded
21        yes.
22   BY MR. GAINES:
23       Q.    When you came on board and began doing any
24   work relating to the SWIM plan, was there already a
25   draft of the SWIM plan in existence being the

                                                 24

 1   Everglades SWIM Plan I'm talking about?
 2       A.    No.
 3       Q.    So however many drafts that have been of
 4   the Everglades SWIM Plan have you been involved in
 5   working on all of them?
 6       A.    Yes.
 7       Q.    All right.  You described your initial duty
 8   as that of taking data from permits and putting it
 9   into xerox format for use in tables, I guess.
10             What permits are you talking about?
11       A.    DER hazardous waste permits.
12       Q.    What was involved in putting it into the
13   xerox format?
14       A.    Typing.
15       Q.    This is on a xerox work station?
16       A.    Yes.
17       Q.    And what type of information were you
18   typing into the tables?
19       A.    Name, location, status.
20       Q.    Was this a -- would you describe this as
21   sort of a mechanical function or --
22       A.    Yes.
23       Q.    In other words, you would pick up a permit,
24   look at a permit and there's certain information that
25   appears on the face of the permit and you would type

                                                 25

 1   that into your system to add to some data that you
 2   were collecting into a table?
 3       A.    Yes.
 4       Q.    And those tables ultimately became part of
 5   the SWIM plan?
 6             MS. CLEMENTS:  Objection.  Leading.
 7   BY MR. GAINES:
 8       Q.    Is that correct?
 9       A.    Yes.
10       Q.    In doing that one function that we just
11   talked about, did you have to use any discretion or
12   judgment or draw any kind of conclusions in creating
13   these tables?
14       A.    I had to determine whether or not the
15   permits existed within the SWIM plan boundaries.
16       Q.    Whether they were geographically within the
17   boundaries?
18       A.    Yes.
19       Q.    Anything else?
20       A.    No.
21       Q.    All right.  Who were you working under in
22   this function?  Who was your supervisor?
23       A.    Joel VanArman.
24       Q.    Other than that task we just spoke about
25   what other duties did you have during this time?

                                                 26

 1       A.    No response.
 2       Q.    Let me make it easier.  I see you
 3   struggling.
 4             During this time, I take it, at some point
 5   your duties in connection with the SWIM plan drafting
 6   expanded beyond taking data from the permits and
 7   putting it into a xerox format to make tables.  At
 8   some point in time you also assumed other duties?
 9       A.    Yes.
10       Q.    Okay.  Can you tell me is it also correct
11   to say that you've been working generally
12   continuously on SWIM plan drafting in some form or
13   another since you assumed that position three years
14   ago?
15       A.    Yes.
16       Q.    All right.  Why don't you tell me what
17   other types of duties you ultimately assumed in the
18   SWIM plan process and then we can go into those.
19       A.    Basically, I helped to get the document
20   ready for publishing.  I do spelling checking.  I
21   take graphics and scan them electronically to put
22   them into the electronic copy.  I convert documents
23   to put them into xerox format.  I helped to get the
24   document ready to go to the print shop for
25   publication.  I helped to do editorial corrections.

                                                 27

 1       Q.    Anything else?
 2       A.    That's basically it.
 3       Q.    When you started on this project you were a
 4   water quality research technician.  Is that still
 5   your title?
 6       A.    No.
 7       Q.    Tell me -- what's your current title?
 8       A.    Assistant engineering technician.
 9       Q.    Have you had any other titles besides those
10   two?
11       A.    No.
12       Q.    When did you become an assistant
13   engineering technician?
14       A.    Two years ago.
15       Q.    What is the difference between a water
16   quality research technician and assistant engineering
17   technician?
18       A.    In my case, none.
19       Q.    You are doing the same job?
20       A.    Yes.
21       Q.    Same function, just a different title?
22       A.    Yes.
23       Q.    Why did you receive a new title if you
24   know?
25       A.    I was hired on a permanent basis and I

                                                 28

 1   don't know why they gave me that title.
 2       Q.    So when you started as a water quality
 3   research technician that was to be temporary for one
 4   and a half years?
 5       A.    (Nods.)
 6       Q.    And then was it after the one and a half
 7   years that you were hired permanently?
 8       A.    Yes.
 9       Q.    And then you became what they call an
10   assistant engineering technician?
11       A.    Yes.
12       Q.    Other than this change in title did your
13   life here, your job change in any way with that
14   change in title?
15       A.    No.
16       Q.    Same supervisor, same job function, same
17   desk, everything?
18       A.    I changed supervisors.
19       Q.    Who became your supervisor?
20       A.    Dawn Reid.
21       Q.    Up until that time you worked under
22   Mr. VanArman?
23       A.    Yes.
24       Q.    What department is Dawn Reid in?  What is
25   his title?

                                                 29

 1       A.    She is --
 2       Q.    She?
 3       A.    -- technician supervisor.
 4       Q.    How do you spell her name?
 5       A.    D-a-w-n.
 6       Q.    Oh.  Dawn?
 7       A.    R-e-i-d.
 8       Q.    And her title?
 9       A.    Supervising technician.
10       Q.    Is that still in the Water Quality
11   Department?
12       A.    No.  There was a reorganization and it's
13   now the Planning Department, Lower District Planning
14   Division.
15       Q.    Mr. VanArman is still a supervising
16   professional in the Water Quality Department?
17       A.    No.
18       Q.    What is he now?
19       A.    He works in the Research Department.  I'm
20   not sure of his title.
21       Q.    Other than having a new supervisor, Dawn
22   Reid, what changes were there in your job as a result
23   of the change in title?
24       A.    None.
25       Q.    So there was really no point in time, from

                                                 30

 1   what you are telling me, that you have changed your
 2   duties with regard to the SWIM plan or assumed
 3   greater duties or changed the character of what you
 4   were doing?
 5       A.    No.
 6       Q.    All right.  You mentioned several
 7   categories of duties that you've done with regard to
 8   the SWIM plan.  I just want to go through them
 9   briefly and make sure I understand what you are
10   telling me.
11             First thing you said is you help get the
12   document ready for publishing.  That's kind of a
13   general statement.  Can you break that down a little
14   bit for me?  Or maybe that's what you did in your
15   subsequent list here.  Well, go ahead and see if you
16   can break that down.  Tell me what you mean by help
17   get the document ready for publishing.
18       A.    Well, that means sending a copy to the
19   printer, making sure the pages are in order, making
20   sure graphics appear where they're supposed to, that
21   they're numbered correctly.
22       Q.    A laundry list of mechanical nuts and bolts
23   type things that need to be got to get the document
24   in the proper format?
25       A.    Yes.

                                                 31

 1             MR. ROSENBERG:  Can I throw a word out?
 2        Proofreader.  Are you a proofreader?
 3             THE WITNESS:  I do a little of that.
 4   BY MR. GAINES:
 5       Q.    Okay.  You also mentioned you did spell
 6   check on the document.
 7       A.    Yes.
 8       Q.    Is that done with the computer?
 9       A.    Yes.
10       Q.    You scan the graphics electronically.  Is
11   that again to make sure -- tell me what that is.
12       A.    It means taking a hard copy of that
13   graphic, putting it into the scanner.  It goes into
14   an electronic format and it can then be printed on
15   the printer as opposed to photocopying it.
16       Q.    All right.  And then you also said -- you
17   stated you convert documents into xerox format.  What
18   does that involve?
19       A.    Putting information into xerox tables.
20       Q.    That's it?
21       A.    Yes.
22       Q.    You stated you helped get the document
23   ready to go to the print shop.  I think we talked
24   about that already.
25             Helped do editorial corrections.  What does

                                                 32

 1   that entail?
 2       A.    Taking a copy that someone has put
 3   corrections on and changing them in the electronic
 4   copying.
 5       Q.    Physically typing in somebody's edits?
 6       A.    Yes.
 7       Q.    Did you ever make any of your own editorial
 8   corrections?
 9       A.    No.
10       Q.    Do you have the authority to do that?
11       A.    No.
12       Q.    To what degree, if any, has your background
13   with lab work and your degree in marine biology, your
14   science background, to what degree is that used in
15   your current role with regard to the SWIM plan?
16       A.    Currently I'm not involved with it.
17       Q.    When you say currently you are not involved
18   with it, what do you mean?
19       A.    Currently I'm not working with Everglades
20   SWIM.
21       Q.    Well, let's say up until through the
22   production or the publication of the March 1992 draft
23   of the SWIM plan, to what degree, if any, was your
24   science laboratory tech background used?
25       A.    Very little.  Just in noticing if the

                                                 33

 1   technical words were misspelled.
 2       Q.    Would you describe your involvement with
 3   the SWIM plan as being purely a word processor type
 4   function in technical production of the document as
 5   opposed to the contents of the document?
 6       A.    Yes.
 7       Q.    Can you describe for me how -- what the
 8   process was, from your point of view anyway, as to
 9   how the SWIM plan was written, was put together?  How
10   did it happen?  I mean you started out with a blank
11   piece of paper and came out with the SWIM plan.  And
12   I'm asking you how did we get from point A to point
13   B?
14       A.    I don't know.
15       Q.    Well, I'm asking from your -- from what you
16   observed.
17       A.    Well, there were writers writing it.
18       Q.    All right.  Who would -- who were the
19   writers who wrote the SWIM plan?
20       A.    There were a large number of contributors.
21       Q.    How many?
22       A.    I don't know.
23       Q.    Can you estimate?
24       A.    No.
25       Q.    More than 10?

                                                 34

 1       A.    Probably.
 2       Q.    More than 50?
 3       A.    It's just a guess.  I don't know.
 4       Q.    Did you ever attend any meetings where the
 5   process of how the SWIM plan was going to be produced
 6   was discussed?
 7       A.    No.
 8       Q.    Did you ever attend any meetings of any
 9   kind?
10       A.    It's pretty open.
11             MS. CLEMENTS:  Objection.
12             Which?
13             THE WITNESS:  Can you explain that?  I go
14        to a staff meeting every month.  What do you
15        mean?
16   BY MR. GAINES:
17       Q.    You go to a staff meeting every month?
18       A.    Well, we used to.  It's a normal procedure
19   for every division.
20             MR. GAINES:  What I would like to do, do
21        you have a copy, Ruth, of the current 1992 SWIM
22        Plan planning document?
23             MS. CLEMENTS:  Not right here.  I can get
24        one.  What did you need to do?
25             MR. GAINES:  I wanted to ask her some

                                                 35

 1        questions about it.  It might easier to have her
 2        refer to.  What I want to do is go through the
 3        people that are on the title page and find out
 4        what they did.
 5             MS. CLEMENTS:  Okay.
 6             Let's take a break.  I'll go ahead and we
 7        can get a clean copy of the SWIM plan and bring
 8        it on down.
 9             (Thereupon, a recess was taken.)
10   BY MR. GAINES:
11       Q.    I would like to refer to the -- it's not
12   the title page, it's the page on the March 13, 1992
13   draft Surface Water Improvement and Management Plan
14   for the Everglades planning document which lists
15   various personnel who contributed to the document.
16             Have you got that in front of you, ma'am?
17       A.    Yes.
18       Q.    I see that you're listed on here under the
19   term graphics, corrections, editing and formatting.
20   Is that an accurate description of what you did with
21   regard to this document?
22       A.    Well, as for the graphics, I didn't create
23   any graphics.  It was just what I told you, scanning.
24       Q.    Okay.
25             MR. ROSENBERG:  Could I suggest that page

                                                 36

 1        or any page you ask questions about be xeroxed
 2        and a copy given to the court reporter so that
 3        anybody reading this thing will be able to
 4        follow it?
 5             MR. GAINES:  I'm going to have a few
 6        questions about different parts of this document
 7        and we might just want to make an entire volume
 8        of it marked it as Plaintiff's Number 1 for this
 9        deposition.  Would that be okay?
10             MR. ROSENBERG:  Otherwise it would be
11        difficult to follow this thing.
12   BY MR. GAINES:
13       Q.    All right.  That description there next to
14   your name, that's basically the tasks that you were
15   describing to me previously?
16       A.    Yes.
17       Q.    Lynn Gulick, who's right above you there,
18   what is her role in the production of the SWIM plan
19   documents?
20       A.    She compiled the appendices.
21       Q.    Did you have any role in compiling the
22   appendices?
23       A.    Yes.
24       Q.    What was your role with regard to that?
25       A.    I told you about the tables that I did with

                                                 37

 1   permitting.
 2       Q.    Those ended up in one of the appendices?
 3       A.    Yes.
 4       Q.    Anything else that you did with regard to
 5   the appendices?
 6       A.    For this particular draft I did
 7   photocopying and so on and put it together for
 8   printing.
 9       Q.    Mechanical assembling of the documents?
10       A.    Yes.
11       Q.    Thomas D. Fontaine Ph.D. What was his role?
12       A.    I've never met him.
13       Q.    Never handled any of his work or
14   incorporated it into what you were working on?
15             MS. CLEMENTS:  If you know.
16             THE WITNESS:  I believe there is one
17        section in the appendices that was his work.  As
18        far as printing it, no.  Nothing else.
19   BY MR. GAINES:
20       Q.    It says next to him, STA model
21   documentation.  Do you know what that refers to?
22       A.    No.
23       Q.    Do you know what STA stands for?
24       A.    Can't remember.
25       Q.    So as far as Tom Fontaine is concerned, you

                                                 38

 1   think you may have assembled some of his documents
 2   for one of the appendices, but that's about it as far
 3   as your involvement?
 4       A.    Yes.
 5       Q.    Dewey Worth.  What was his role?
 6       A.    I don't know.
 7       Q.    Did you work with Mr. Worth at all?
 8       A.    No.
 9       Q.    What about Sarah Bellmund?
10       A.    I worked with Sarah at the beginning when I
11   was first hired.  She put together the C-111 ENP
12   section.
13       Q.    What does C-111 ENP signify?  What does
14   that mean.
15       A.    It's a geographical area.
16       Q.    What is C-111?
17       A.    It's a canal.
18       Q.    And ENP?
19       A.    Everglades National Park.
20       Q.    And what type of work did you do with Sarah
21   Bellmund when you were first hired?
22       A.    I put together xerox tables, perhaps.
23   That's about it.
24       Q.    Put them together for her?
25       A.    Typing information into tables.

                                                 39

 1       Q.    And you provided the tables to her or where
 2   was she involved?
 3       A.    She gave me the information she wanted to
 4   put into the table.
 5       Q.    Dave Swift, did you work with Mr. Swift at
 6   all?
 7       A.    Very little.
 8       Q.    What type of work did you do with him?
 9       A.    The same as with Sarah.
10       Q.    He would give you information and you would
11   turn it into tables for him?
12       A.    Uh huh.  Or doing corrections for him,
13   typing in corrections.
14       Q.    Anything else with regard to Mr. Swift?
15       A.    No.
16       Q.    When you say typing in corrections, would
17   you get like a page of text from, let's say a draft,
18   a working draft that had, for example, Dave Swift's
19   or somebody else's handwritten edits on it and then
20   you would take that and make those corrections on
21   your system?  Is that how it worked?
22       A.    Yes.
23       Q.    Did you know -- would you usually be aware
24   of the source of the handwritten notes that you were
25   typing into the SWIM plan?

                                                 40

 1       A.    No.
 2       Q.    Were the handwritten edits given to you by --
 3   through one person or different people?
 4       A.    Different people.
 5       Q.    One of them being Mr. Swift, one being Miss
 6   Bellmund --
 7       A.    Yes.
 8       Q.    -- is that correct?
 9             John Mulliken, what contact or involvement
10   did you have with him with regard to the SWIM plan?
11       A.    John Mulliken is technical editor.  I
12   assisted him in spelling checking, proofreading,
13   numbering tables, preparing graphics all for
14   printing.
15       Q.    It says next to his name the phrase,
16   "critical issues."  Do you know what that refers to?
17       A.    No.
18       Q.    All right.  Then we see above him,
19   Mr. VanArman, Joel VanArman supervising professional;
20   overview, critical issues, objections, goals,
21   strategies.  Did you continue to have contact with
22   Mr. VanArman after you changed job titles and got the
23   new supervisor?
24       A.    No.
25       Q.    Do you know what his role was here with

                                                 41

 1   regard to the SWIM plan other than what's just stated
 2   here?
 3       A.    No.
 4       Q.    Can you -- do you know what these
 5   categories or phrases here mean?
 6             MS. CLEMENTS:  If you know, you can answer.
 7             THE WITNESS:  Not really.
 8   BY MR. GAINES:
 9       Q.    And Mr. Whalen, Paul J. Whalen is the next
10   one up; supervising professional, overview,
11   implementation programs and projects, costs and
12   revenues, FPL projects.  He's also listed as the SWIM
13   plan manager.  Did you have much contact at all with
14   Mr. Whalen?
15       A.    Yes.
16       Q.    What was your contact with him during this
17   process?
18       A.    I did a document called SWIM Issues where I
19   went through agency comments and pulled out what I
20   felt were important points and made it into a table
21   type document.  I helped him put together the
22   appendices for this draft as far as -- most of it was
23   already in place.  I just helped him compile it,
24   print it, make corrections.
25       Q.    The document --

                                                 42

 1             Anything else?
 2       A.    I went to two public meetings with him and
 3   I helped him summarize the comments made at the
 4   meetings.
 5       Q.    Was that in approximately November of 1991?
 6       A.    Yes.
 7       Q.    Those were the public meetings in Belle
 8   Glade and Miramar?
 9       A.    Yes.
10       Q.    And for what purpose did you summarize
11   those?  You attended the meetings and prepared a
12   written summary of whatever the public comments were
13   at the meetings?
14       A.    Yes.
15       Q.    For what purpose was that done?
16       A.    For the Governing Board.
17       Q.    The Governing Board received your summary
18   of the meeting?  Do you know if they received it?
19       A.    Yes.  They received it.  I didn't do the
20   final copy, though.  I gave it to Paul.  It wasn't
21   quite finished.  He finished it for me.
22       Q.    Did you ever see the final copy?
23       A.    Yes.
24       Q.    Do you know whether that was transmitted to
25   the Governing Board?

                                                 43

 1       A.    I believe so.
 2       Q.    Do you know whether they read it?
 3       A.    I don't know.
 4       Q.    Okay.  What about the video tapes of those
 5   meetings?  Did you have any involvement with the
 6   videotaping?
 7       A.    No.  I did watch the videotapes to take the
 8   comments.
 9       Q.    They helped you with doing the comments or
10   summary?
11       A.    The comments.
12       Q.    Were the videotapes also provided to the
13   Governing Board, if you know?
14       A.    I don't know.
15       Q.    Did you have any other involvement with
16   Mr. Whalen?
17       A.    No.
18       Q.    Tell me about the document that you
19   described called SWIM Issues where you took agency
20   comments and pulled out the important points and made
21   a table.  When did that occur?
22       A.    Approximately two years ago.
23       Q.    Was that for -- was that for purposes of a
24   current draft of the SWIM plan, the March 1992 draft?
25       A.    No.

                                                 44

 1       Q.    Or the prior one, the 1990 draft?
 2       A.    Yes.
 3       Q.    The 1990 it was for, correct?
 4       A.    Yes.
 5       Q.    Did the table that you generated from that
 6   process appear in the 1990 SWIM Plan draft in an
 7   appendix or somewhere?
 8       A.    No.
 9       Q.    What was your understanding of the purpose
10   of constructing that table?
11       A.    To compile the important issues so that
12   response could be made to them.
13       Q.    You said agency comments.  What agencies
14   are you talking about?
15       A.    Fish and Game, Indian tribes.  I can't
16   remember the entire list.
17       Q.    Agriculture?
18       A.    Yes.  It was taken from letters --
19       Q.    In other words --
20       A.    -- response.
21       Q.    Tell me if this is correct.  The SWIM plan --
22   there was a draft of the SWIM plan created.  It was
23   distributed to various agencies and people, who then
24   wrote letters commenting on it, and you took these
25   letters and distilled it down into a table picking

                                                 45

 1   out the important comments?
 2       A.    Yes.
 3       Q.    Is that how it happened?
 4       A.    (Nods.)
 5       Q.    Did you also include in your table any
 6   public comments?
 7       A.    Yes.
 8       Q.    And was the table -- I've seen tables.  Was
 9   this the type of table where it says, "Comment,
10   agency or public comment" and then, "Management
11   District response"?
12       A.    Yes.
13       Q.    And then indicates whether or not there's a
14   revision or not to the SWIM plan as a result of the
15   comment?
16       A.    The response column was blank.
17       Q.    So as far as your work product was
18   concerned you produced a table that had the comments
19   in it and then turned it over to Mr. Whalen?
20       A.    Yes.
21       Q.    Did you play any role in supplying the
22   responses?
23       A.    No.
24       Q.    Did you do this type of table more than
25   once or only with regard to the 1990 draft?

                                                 46

 1       A.    Just that one.
 2       Q.    Are you aware of any subsequent similar
 3   tables that were prepared for that draft or the '92
 4   draft, '91-'92 draft?
 5       A.    Just for this draft.
 6       Q.    Who prepared that?
 7       A.    I don't know.
 8       Q.    Is there such a table for the '92 draft?
 9       A.    Yes.
10       Q.    Is that table contained somewhere in the
11   SWIM plan or one of the appendices?
12       A.    No.
13       Q.    It's just -- it's not part of the body of
14   the SWIM plan?
15       A.    No.
16       Q.    Were you the person who determined which
17   comments were placed on this table?  You say you
18   pulled out the important comments or important points
19   and I was wondering if you were the one who made that
20   determination which ones were important.
21       A.    Yes.
22       Q.    Did you keep notes about that process?
23       A.    No.
24       Q.    When you gave your table to Mr. Whalen did
25   you also give to him the underlying letters that had

                                                 47

 1   generated the table?
 2       A.    I returned them to him, yes.
 3       Q.    He gave them to you, you distilled that
 4   into a table and you gave them back to him along with
 5   the table?
 6       A.    Yes.
 7       Q.    Did you ever see the table again or see it
 8   in a final form or with responses in it or anything
 9   like that?
10       A.    No.
11       Q.    Do you know whether he revised your work at
12   all?
13       A.    I don't know.
14       Q.    Did you have any other involvement with
15   Mr. Whalen?
16       A.    As far as the Everglades SWIM Plan you
17   mean?
18       Q.    Yes.
19       A.    No.
20       Q.    We've been talking about your tenure here
21   after your chemistry lab technician job solely
22   related to production of the Everglades SWIM Plan and
23   all its various drafts.  Have you worked on other
24   projects as well as the Everglades SWIM Plan?
25       A.    Yes.

                                                 48

 1       Q.    What other projects?
 2       A.    Broward County Water Supply Plan, the Dade
 3   County/Monroe County Water Supply Plan, the Lower
 4   East Coast Water Supply Plan, Lake Okeechobee SWIM
 5   Plan.  I helped put together a summary of symposium --
 6   proceeding of a symposium on sea grass.
 7       Q.    Sea grass?
 8       A.    Uh huh.  For Indian River Lagoon.  I've
 9   helped do documentation for the South Florida Water
10   Management model.
11       Q.    Anything else?
12       A.    The Lower West Coast Water Supply Plan, the
13   Flood Control Level of Service.  As far as documents
14   that's all I can think of.
15       Q.    Okay.  On those various projects which you
16   just listed, was your function similar to the
17   functions you've described on the Everglades SWIM
18   Plan?
19       A.    Yes.
20       Q.    On any of those did you have a different
21   type of function?
22       A.    Well, in some cases, like the Lake
23   Okeechobee SWIM Plan, I just worked a few days on
24   that to help someone out, help another division.  The
25   same with the Lower West Coast SWIM Plan -- I mean

                                                 49

 1   Water Supply Plan.
 2       Q.    And on all of these projects you were
 3   basically involved with graphics, corrections,
 4   editing, formatting, that type of thing?
 5       A.    Yes.
 6       Q.    Where do you work physically within the
 7   building here or do you work in the building we're in
 8   right now?
 9       A.    No.  I work in the 950.
10       Q.    That's the one story building out front?
11       A.    Yes.
12       Q.    Where do you work in that building?
13       A.    I am in the Lower District Planning
14   Division.  It's towards the west end of the building
15   near the print shop.
16       Q.    And you have your own work station and desk
17   and you have an office of yours or how would you
18   describe it?
19       A.    A cubicle.
20       Q.    Cubicle.
21             Who else is in that area?
22             MS. CLEMENTS:  What area are you talking
23        about?
24             MR. GAINES:  The area where she works.
25             MS. CLEMENTS:  In her cubicle or the whole

                                                 50

 1        of the lower east coast area?
 2   BY MR. GAINES:
 3       Q.    Do they make you share your cubicle with
 4   someone else?
 5       A.    No.
 6       Q.    That's good.
 7             Who else is in that area?
 8       A.    You mean adjacent to me?
 9       Q.    Yes.
10       A.    Kevin Rodberg, Jorge Marban, John Mulliken,
11   Morris Rosen, Jeff Giddings, Jane Bucca, Jose Valdes,
12   Paul Trimble, Ray Santee.  They fit a lot of people
13   in a very small area.
14       Q.    These people you just listed all have their
15   own cubicles in that same general part of the office
16   there?
17       A.    Yes.
18       Q.    Are they all basically doing same types of
19   things that you're doing or not?
20       A.    No.
21       Q.    All different jobs?
22       A.    Yes.  They're engineers, hydrogeologists,
23   economists, technical editor, computer analysts.
24       Q.    What are you working on currently?
25       A.    The Lower East Coast Water Supply Plan.

                                                 51

 1       Q.    And that is under the direction of Dawn
 2   Reid?
 3       A.    Yes.
 4       Q.    Where is Dawn Reid located?
 5       A.    In an adjacent area.
 6       Q.    On the Lower East Coast Water Supply Plan
 7   are you doing the same type of tasks that you did on
 8   the SWIM plan and the other projects?
 9       A.    I have a little more responsibility, I
10   would say.
11       Q.    What additional responsibilities do you
12   have on that project?
13       A.    I'm in charge of compiling the appendices
14   for the document.
15       Q.    And are you also doing the same type of
16   graphics and editing, formatting that you did on the
17   SWIM plan as well?
18       A.    Yes.
19       Q.    We talked before about the fact that there
20   were people that would give you working drafts with
21   handwritten edits and ask you to make those
22   corrections in the text of the SWIM plan or some
23   portion of the SWIM plan and two people that you
24   mentioned who had done that were, I believe, Dave
25   Swift and Sarah Bellmund.  Are there -- who were the

                                                 52

 1   others, if any, that would give you work in that way
 2   in the production of the SWIM plan?
 3       A.    Jim Grimshaw.
 4       Q.    Jim Grimshaw?
 5       A.    Yes.  Paul Whalen, Joel VanArman.  That's
 6   it.
 7       Q.    That's it?
 8       A.    Yes.
 9       Q.    Just those five?
10       A.    (Nods.)
11       Q.    Was there anyone else doing the same type
12   of thing you were doing with regard to the 1992 draft
13   of the SWIM plan?
14       A.    Can you be more specific?
15       Q.    Well, what I'm trying to get at -- thank
16   you.  That's a pretty bad question.
17             What I'm trying to get at, for example,
18   editing, if somebody made a change from a prior draft
19   to the current draft, a handwritten insert or a
20   deletion, would you have been the person who
21   physically accomplished that?
22       A.    Not all of them, no.
23       Q.    Who else would have potentially been
24   involved with that?
25       A.    Paul Whalen.

                                                 53

 1       Q.    Paul Whalen would sit and type corrections
 2   into the system?
 3       A.    Yes.
 4       Q.    I'm just asking.
 5       A.    John Mulliken, Joel VanArman and I don't
 6   know if there were others.
 7       Q.    But Paul Whalen, Joel VanArman and John
 8   Mulliken all physically went into the SWIM plan on
 9   the computer and changed the wording of it on
10   occasion?
11       A.    Yes.
12       Q.    Other than those three gentlemen and
13   yourself is there anyone else you know of who would
14   have been in a position to do that or did do that?
15       A.    I don't know of anyone else.
16       Q.    Can you tell me how the SWIM plan initially
17   was drafted?
18             Well, let me ask you this.  Is it the case
19   where there was a first draft of the SWIM plan that
20   was produced and then subsequent to that that first
21   draft was edited and changed and deleted to arrive at
22   the current draft?  Is that a correct statement?
23       A.    Yes.
24       Q.    All right.  How was that first draft
25   produced?  What was the process?

                                                 54

 1       A.    There were writers in there typing on the
 2   computer, writing and that's all that I observed and
 3   I'm not aware of any other things.
 4       Q.    Okay.  And the writers were who on the
 5   first draft?
 6       A.    As I said, there were a large number and I
 7   don't know all of their names.
 8       Q.    Okay.
 9       A.    I did work in an office physically with
10   Joel VanArman, Dave Swift, Sarah Bellmund, Lynn
11   Gulick.
12       Q.    And you observed them all writing sections
13   of the SWIM plan?
14       A.    Yes.
15       Q.    Did you ever attend any meetings or staff
16   meetings at which the plan itself was -- the game
17   plan for writing the SWIM plan was discussed of who
18   was going to do what section and here's how it should
19   look, that kind of thing?
20       A.    No.
21       Q.    When did you first start working on the
22   SWIM plan itself physically?  When did you first have
23   a document to work on?  What was the first thing you
24   ever did with regard to the SWIM plan?
25       A.    The very first thing was working with the

                                                 55

 1   DER permits.
 2       Q.    Creating the table?
 3       A.    Yes.
 4       Q.    That task was given to you by Joel
 5   VanArman?
 6       A.    Yes.
 7       Q.    And what was the next thing that you did?
 8       A.    I compiled the bibliography.
 9       Q.    That was with regard to the draft -- first
10   draft?
11       A.    Yes.
12       Q.    And then did you continue to work on the
13   bibliography throughout the subsequent drafts and add
14   to it, delete from it, that kind of thing?
15       A.    Yes.
16       Q.    So is the bibliography that appears in the
17   March 1992 SWIM Plan your work product?
18       A.    Dave Swift and -- Dave Swift also worked on
19   it.
20       Q.    Was your mode of working on the plan that
21   you would come to work and go to your cubicle and
22   work on whatever ongoing task you had and at any
23   given time one of these other people, Paul Whalen,
24   Jim Grimshaw, Dave Swift, Sarah Bellmund, John
25   VanArman and John Mulliken could come to you and say,

                                                 56

 1   here, I want you to do this or here's some changes to
 2   make or do this kind of table?  Is that basically how
 3   it worked?
 4       A.    Yes.
 5       Q.    Was there any one person who directed your
 6   efforts or prioritized for you?
 7       A.    Joel.
 8       Q.    Even after he was no longer your
 9   supervisor?
10       A.    No.  Then Paul Whalen.
11       Q.    He would give you direction as to, this is
12   more important to do this first and then worry about
13   that, give you those types of instructions?
14       A.    Yes.
15       Q.    What about Dawn Reid, what was her
16   connection with the SWIM plan?
17       A.    I don't know.  I don't know if she had any.
18       Q.    She was your supervisor?
19       A.    Yes.
20       Q.    What contact did you have with her on it?
21       A.    I temporarily worked for Paul Whalen,
22   taking direction and assignments --
23       Q.    Okay.
24       A.    -- from which he was working.
25       Q.    Were you like loaned to the Everglades SWIM

                                                 57

 1   Plan team?
 2       A.    Yes.  Yes.
 3       Q.    That was the project you were working on
 4   and while you were on that project you took your
 5   direction from Paul Whalen?
 6       A.    Yes.
 7       Q.    What kind of -- you say you have a xerox
 8   work station, correct?
 9       A.    Yes.
10       Q.    What other types of computers do you work
11   on here at the District?
12       A.    That's it.
13       Q.    That's it?
14       A.    Uh huh.
15       Q.    What type of file -- computer file records
16   are kept or have been kept with regard to the
17   development of the SWIM plan?
18       A.    There are copies of each draft.
19       Q.    When you say each draft, do you mean each
20   draft that was shown to the public or the Governing
21   Board or is each edit along the way memorialized
22   somewhere in the computer memory?
23       A.    As it went to publication, there's copies
24   of that draft was printed.
25       Q.    When you say there's copies, you mean

                                                 58

 1   there's xerox copies physically in the file
 2   somewhere?
 3       A.    This current draft is available on the
 4   server.  Previous drafts are probably on a tape.
 5       Q.    Is there a person who has primary
 6   responsibility for the computer, the computer system
 7   here at the District?
 8       A.    There are different people in charge of
 9   different systems.
10       Q.    Who's in charge of yours?
11       A.    Laura McLester.
12       Q.    McLuster?
13       A.    McLester.
14       Q.    What is her position?
15       A.    I don't know offhand.
16       Q.    She's the computer person?
17       A.    Yes.  She installs software and so on.
18       Q.    Are you aware of any record keeping
19   procedure with regard to the development of the
20   Everglades SWIM Plan which, for example, would show
21   what was deleted, what was put in and how that
22   happened?
23       A.    No.
24       Q.    Do such records exist to your knowledge?
25       A.    I don't know.

                                                 59

 1       Q.    Who would know that?
 2       A.    Joel or Paul.
 3       Q.    Joel VanArman or Paul Whalen?
 4       A.    Yes.
 5       Q.    Did -- were different people responsible
 6   for writing specific parts of the SWIM plan?
 7       A.    Yes.
 8       Q.    Can you tell me -- can you break that down
 9   for me to the best of your knowledge, who wrote what
10   part?
11       A.    No, I couldn't, except for what's in this
12   list.
13       Q.    Whatever is here on the title page --
14       A.    Yes.
15       Q.    -- that's the extent of your knowledge on
16   that?
17       A.    Yes.
18       Q.    Currently you are not working on the
19   Everglades SWIM Plan, is that correct?
20       A.    Yes.
21       Q.    That is correct?
22       A.    Yes.  That's correct.
23       Q.    When did you stop your work on that?
24       A.    When this -- when this went to publication.
25       Q.    Was there a period of time prior to that

                                                 60

 1   when you also were not working on the Everglades SWIM
 2   Plan?
 3       A.    Yes.
 4       Q.    When was that?
 5       A.    Well, there were many times.
 6       Q.    So --
 7       A.    Previous to this draft I was working on the
 8   Broward County Water Supply Plan.
 9       Q.    All right.  And when -- what time period
10   were you working on the Broward County Water Supply
11   Plan?
12       A.    Just about two years ago, a little more
13   than two years ago.
14       Q.    You worked on the 1990 draft of the SWIM
15   plan, correct?
16       A.    Yes.
17       Q.    When did the work on that draft conclude?
18       A.    I don't remember.
19       Q.    Can you approximate for me first half of
20   1990, last half?  And if you don't know you don't
21   know, but can you give me at least an educated guess?
22       A.    No.
23       Q.    Was it in 1990?
24       A.    I don't remember.
25       Q.    Okay.  But you did work on it.  Prior to

                                                 61

 1   the '92 draft you worked on the '90 draft, is that
 2   correct?
 3       A.    Yes.
 4       Q.    When we talk about the '92 draft when did
 5   you start working on that?
 6       A.    I think it was two years ago in spring.
 7       Q.    The spring of 1991 or the spring of 1990?
 8       A.    Oh.  Two years ago.
 9       Q.    Well, two years ago is October of 1990.  Is
10   that what you mean?
11       A.    I can't remember.
12       Q.    Okay.  Well, let's -- one minute.
13             Let me show you a document.  This is my own
14   folder of the document that's yours.  This is
15   entitled, Final Draft Surface Water Improvement and
16   Management Plan for the Everglades, Volume II,
17   Planning and Implementation and it's dated September
18   28, 1990.  Take a look at that.  I understand that I
19   don't have the appendices there and the technical
20   information or the volume entitled, Executive
21   Summary, but that is what we called the 1992 -- it's
22   called the Planning Document.  In 1990 it was called
23   Planning and Implementation and that's what I'm
24   mainly focusing on here.
25             When we talk about the 1990 draft of the

                                                 62

 1   SWIM plan, do you understand that that's the document
 2   I'm referring to?
 3       A.    Yes.
 4       Q.    And you worked on producing that document?
 5       A.    Do you mean this particular volume?
 6       Q.    Yes.
 7       A.    I don't -- I didn't have anything to do
 8   with this volume.
 9       Q.    You had nothing to do with the Planning and
10   Implementation volume in 1990?
11       A.    I don't recall working on this.
12             MR. ROSENBERG:  Excuse me.  There's a
13        volume number on the cover of that that you can
14        refer to.
15             THE WITNESS:  Volume II.
16             MR. ROSENBERG:  Okay.
17   BY MR. GAINES:
18       Q.    Well, what was your role with regard to the
19   1990 SWIM Plan?
20       A.    I worked more on the appendices and Volume
21   III.
22       Q.    Volume III being what?
23       A.    The background document.
24       Q.    And who did the type of function that --
25   your function on the Volume II Planning and

                                                 63

 1   Implementation volume?
 2       A.    I don't know.
 3       Q.    Are you saying that you didn't work on that
 4   or you just can't recall one way or the other?
 5       A.    This doesn't look familiar.  I don't
 6   believe I had much to do with this document.
 7       Q.    What about the other document that you have
 8   in front of you, the March 13, 1992 planning
 9   document, did you work on that?
10       A.    I don't remember.
11       Q.    Well, what do you remember working on with
12   regard to the '92 SWIM plan?
13       A.    The appendices.
14       Q.    Anything beside the appendices?
15       A.    The bibliography and probably supporting
16   information document.
17       Q.    Okay.  But, as far as the planning document
18   itself goes, you did not do any of the editing or
19   corrections or formatting or graphics?
20       A.    I scanned in these maps Figure 10, Figure 5 --
21   not Figure 5 -- Figure 10, Figure 2, Figure 1.
22       Q.    Okay.  So you physically placed some of the
23   figures and maps into the document.  What about text --
24   editing of the text?
25       A.    I don't recall editing any of the text.

                                                 64

 1       Q.    Let me ask you to -- let's just take one
 2   example and see if it changes or refreshes your
 3   memory any.  Look on page 29, please, of the 1992
 4   planning document and at the same time look at page
 5   II-70 of the 1990 document.  Okay.  Have you got
 6   those two pages in front of you?
 7       A.    Yes.
 8       Q.    I want to direct your attention to a
 9   paragraph in the 1992 document.  It's entitled, Use
10   of Water Conservations Areas to Transmit Water and in
11   the 1990 document it's called, Use of the Everglades
12   to Transmit Water.  There's a few changes in that
13   paragraph.  In the 1990 document it says Everglades
14   and in the 1992 it refers to Water Conservation
15   Areas.  There's a sentence at the end of the 1990
16   paragraph which states, "The exact nature or extent
17   of this potential problem has not been documented."
18   That sentence is deleted in the 1992 version and,
19   additionally, the word, "feels" which is four lines
20   up from the bottom in 1990 has then changed to the
21   word, "believes."  Those changes in that paragraph
22   from '90 to '92, did you have any role in physically
23   making those changes?
24       A.    No.
25       Q.    Do you know who did?

                                                 65

 1       A.    No.
 2       Q.    Would you think it was one of the -- you
 3   said before that Mr. Whalen, Mr. VanArman,
 4   Mr. Mulliken all could physically have done changes
 5   in the wording.  You didn't know of anyone else, is
 6   that correct?
 7       A.    There may have been others, but I don't
 8   know.
 9       Q.    You don't know of, right?  So you didn't
10   make that change yourself, correct?
11       A.    Correct.
12       Q.    And as you sit here today you don't think
13   that you did any of the textural changes from the '90
14   to the '92 planning document?
15       A.    There may have been some agency comments
16   that I incorporated into the text.
17       Q.    In what sense?  What do you mean
18   incorporated into the text?
19       A.    Editorial changes.
20       Q.    Can you give me an example?
21       A.    Well, I can't recall specific comments.  I
22   was working from a list of agency responses.
23       Q.    You had -- oh.
24       A.    The same as making other types of
25   corrections.

                                                 66

 1       Q.    You had a list of agency responses that
 2   someone had determined required some editorial
 3   changes in the plan and you were physically doing
 4   those changes?
 5       A.    I did certain of them, yes.
 6       Q.    What was the source of the list?  Where did
 7   you get it from?
 8       A.    From Paul Whalen.
 9       Q.    Paul Whalen?
10       A.    Yes.
11       Q.    Do you know what the process was of
12   determining which comments would generate which
13   changes in the SWIM plan?
14       A.    No.
15       Q.    Did your list indicate specifically how to
16   change the text in these instances or were you given
17   some leeway in choosing the language?
18       A.    They were specific.
19       Q.    Verbatim?
20       A.    Yes.
21       Q.    Do you still have that list?
22       A.    Yes.
23       Q.    Was that produced to us?
24       A.    Yes.
25       Q.    It was?

                                                 67

 1             MS. CLEMENTS:  It's your response list.
 2        Yeah.  It's in there.  It's one of those tables,
 3        agency comments, responses.
 4             MR. GAINES:  Okay.  I think I have it
 5        identified, then.
 6   BY MR. GAINES:
 7       Q.    But, sitting here without the benefit of
 8   that list or some other document to help you
 9   remember, you can't go through and tell me where you
10   made changes, correct?
11       A.    Correct.
12       Q.    Do you recall what agencies' comments
13   generated the changes?
14       A.    I couldn't list them for you, no.
15       Q.    Were any of the comments -- were any of the
16   changes generated by comments from the public?
17       A.    I don't know.
18       Q.    Were any of the changes generated by
19   comments from the United States?
20       A.    I don't know.  Without the list I can't
21   tell you.
22       Q.    Okay.  We'll try to go through that later.
23             Other than incorporating the changes due to
24   these comments, did you have any other involvement in
25   editing the text of the planning document that you

                                                 68

 1   can recall?
 2       A.    No.
 3       Q.    Okay.  There was a period of time, I take
 4   it, between the 1990 SWIM Plan and the 1992 SWIM Plan
 5   in which you were not working on an Everglades SWIM
 6   Plan, is that correct?
 7       A.    Yes.
 8       Q.    And during that interim period you were
 9   working on the Broward County Water Supply Plan?
10       A.    That's one of the things I worked on.
11       Q.    What else did you do in the interim?
12       A.    I worked on Flood Control Level of Service
13   with Joycelyn Branscome.  I can't remember.
14       Q.    Let me ask you this.  The way that you
15   operate, if that final draft of the '90 SWIM plan is
16   dated September 28, 1990, does that indicate to you
17   that you were working on it pretty much up until at
18   least September 28, 1990 or would your work have
19   stopped sometime before that date?
20       A.    I probably would have worked on it until it
21   was printed because I would be helping to prepare it
22   to go to the print shop.
23       Q.    Okay.  So that means you would have been
24   working right up until September 28th?
25       A.    Yes.

                                                 69

 1       Q.    Probably the weekend before for sure,
 2   right?
 3       A.    Yes.
 4       Q.    While you were working on these other
 5   projects after the 1990 SWIM Plan was completed what
 6   was your understanding, if any, as to the status of
 7   that Everglades SWIM Plan?
 8       A.    I don't really know.
 9       Q.    Did you have -- do you know what happens,
10   what the procedure is with regard to a SWIM plan
11   after it leaves your possession or after you complete
12   it and it's turned over to the Governing Board or do
13   you know where it goes and what happens to it after
14   that?
15       A.    After it goes to the Governing Board?
16       Q.    Yes.
17       A.    They decide whether they're going to
18   approve it or not.
19       Q.    I'm talking about once it's a final draft.
20   Where does it go once it's a final draft as far as
21   you know?
22       A.    I don't know.
23       Q.    Did you have any understanding or
24   information about the 1990 SWIM Plan that you had
25   worked on and whether or not it was going to be

                                                 70

 1   approved and enacted and adopted?
 2       A.    No.  Once it was printed, I did other
 3   things.
 4       Q.    You didn't worry about it?
 5       A.    I didn't worry about it.
 6             MS. CLEMENTS:  Can we take a break?
 7             MR. GAINES:  Sure.
 8             (Thereupon, a lunch recess was taken.)
 9             (The documents were marked Exb. Nos. 1-6.)
10             MR. GAINES:  Okay.  We're back on the
11        record.
12   BY MR. GAINES:
13       Q.    Miss Formati, you received a copy of the
14   notice for this deposition prior to today, is that
15   correct?
16       A.    Yes.
17       Q.    Can you tell me what the process was for
18   assembling the documents that were produced in
19   connection with the deposition?
20       A.    Yes.  I just had everything in one box so
21   there wasn't much to that.  A couple of things I
22   printed from my work station that were in a folder
23   called, Electronic Files.
24       Q.    Okay.  Those you generated for this depo,
25   they were --

                                                 71

 1       A.    Anything that I had that was related to
 2   Everglades, I printed.
 3       Q.    Okay.  And the other documents you were
 4   just maintaining in your work area in a box marked
 5   Everglades SWIM or something like that?
 6       A.    Well, I -- it wasn't really marked as such.
 7   I had moved from one office to another last winter
 8   and when I moved I just put all of that stuff in one
 9   box.  There were a couple of other things in there as
10   well.  I just took those out.
11       Q.    But the documents that we got in response
12   to our notice were the ones that were in your
13   personal possession as opposed to any documents that
14   the District might have, is that right?
15       A.    Yes.
16       Q.    All right.  We were talking before the
17   break about the fact that you had worked on the 1990
18   SWIM Plan and then become occupied with other
19   projects for some period of time and that at some
20   point in time you again became involved with the SWIM
21   plan.  Is that accurate?
22       A.    Yes.
23       Q.    When did you again become involved with the
24   Everglades SWIM Plan after that interim period?
25       A.    I can't remember.

                                                 72

 1       Q.    Can you estimate for me?
 2       A.    Maybe a year and a half ago.
 3       Q.    A year and a half ago, sometime in the
 4   spring or summer of 1991?
 5       A.    Yes.
 6       Q.    All right.  And what was it that was
 7   communicated to you at that time with regard to
 8   working again on the SWIM plan?
 9       A.    Paul wanted me to work on the appendices
10   document.
11       Q.    Well, when you stopped working on the SWIM
12   plan in '90 that was a final draft at that point?
13       A.    Yes.
14       Q.    And, as a final draft, was it your
15   understanding that there was more -- there was going
16   to be more work on it or that was it as far as that
17   SWIM plan went?
18       A.    You mean as far as I was concerned?
19       Q.    Yes.
20       A.    I really didn't know.
21       Q.    Did you have any understanding as to why in
22   the spring or summer of 1991 work was again
23   commencing on the Everglades SWIM Plan?
24       A.    No.
25       Q.    You say Paul Whalen asked you to do some

                                                 73

 1   work on the appendices?
 2       A.    Yes.
 3       Q.    That was the first you heard that there was
 4   work starting again on the SWIM plan, he came to you
 5   and said, I need you to do some work on the
 6   appendices?
 7       A.    Yes.
 8       Q.    What did he ask you to do?
 9       A.    I made some revisions to some of the
10   tables.  A lot of the document was not electronic and
11   had to be photocopied to prepare it for publication.
12   I compiled the legislation section, Appendix A, a lot
13   of that had to be obtained and photocopied.
14       Q.    Did you become aware around that time of a
15   settlement agreement that was entered into in the
16   federal lawsuit -- a federal lawsuit brought by the
17   United States against the District and the Department
18   of Environmental Regulation?
19       A.    Yes.
20       Q.    How did you become aware of that?
21       A.    It was on the headlines of the paper.
22       Q.    Other than what you read in the newspapers
23   did you become aware of it or did you hear anything
24   about it through the District through your job?
25       A.    Um, yeah.  I think a lot of people were

                                                 74

 1   happy that it was settled.
 2       Q.    Was anything communicated officially to you
 3   or to the SWIM writing team or anyone in your
 4   department about the settlement agreement or what
 5   impact it might have on the SWIM plan?
 6       A.    I don't remember.
 7       Q.    As we sit here today what, from your
 8   perception, what impact did the settlement agreement
 9   have on the SWIM plan?
10       A.    On the document, I don't really know.
11       Q.    You don't -- I'm sorry?
12       A.    As far as the impact on the document --
13       Q.    Yes.
14       A.    -- I don't know.
15       Q.    Are you aware of any impact arising out of
16   the settlement agreement on the substance of the SWIM
17   plan?
18       A.    No.
19       Q.    Can you describe for me in any kind of
20   general terms the difference between the 1990 final
21   draft and the 1992 final draft of the Everglades SWIM
22   Plan?
23       A.    Can you repeat that?
24       Q.    Well, let me rephrase it.
25             Basically what I'm asking you is what's the

                                                 75

 1   difference, generally, between the 1990 SWIM plan and
 2   the 1992 SWIM Plan?
 3       A.    Well, I don't know much except, you know,
 4   except what I personally took part in and I've told
 5   you about that.
 6       Q.    Do you know any -- do you have any
 7   knowledge about any difference between the '90 and
 8   the '92 version of the SWIM plan?
 9       A.    One of the changes I made in the appendices
10   was to remove some of the maps of the Keys.
11       Q.    The Florida Keys?
12       A.    Uh huh.
13       Q.    Why were they removed?
14       A.    Because it will be done in another SWIM
15   plan of its own.
16       Q.    Originally the Everglades SWIM Plan had
17   some references to the Keys?
18       A.    Just a little, yeah.
19       Q.    All right.  Are you aware of any other
20   changes from the '90 to the '92 SWIM plan?
21       A.    Not offhand.
22       Q.    When you say you went into the appendices
23   and changed -- to change some of the table data, I
24   think you said, what did that entail exactly?
25       A.    Changes to tables in Appendix B.  I just

                                                 76

 1   made changes as marked on hard copy.  I really don't
 2   know.
 3       Q.    So someone gave you a hard copy of a table
 4   with Appendix B with changes on it and you went in
 5   and did those on your computer?
 6       A.    Yes.
 7       Q.    What kind of changes were they?  Changing
 8   the numbers, the data?
 9       A.    Yes.
10       Q.    Do you know who made those changes?
11       A.    No.
12       Q.    Do you know which table you're talking
13   about or is it more than one?
14       A.    It's more than one.  I can't recall the
15   numbers -- the titles without seeing it.
16       Q.    If we looked at Appendix B could you tell
17   me which ones?
18       A.    Probably.
19             MS. CLEMENTS:  I'm so glad I brought all my
20        documents down.
21   BY MR. GAINES:
22       Q.    I'm looking at the appendices volume of the
23   March 13, 1992 SWIM Plan and Appendix B is entitled,
24   Water Conservation Areas NEAA.  There seems to be a
25   large number of tables in here.  Looking at this can

                                                 77

 1   you tell me which ones you changed and how they were
 2   changed?
 3       A.    I think it's table B26 through 59.
 4       Q.    Is that on page B26 through B59 or table
 5   B26?
 6       A.    Table B26 on page 134.
 7       Q.    Okay.  And what changes did you make in
 8   table B26 if you can recall?
 9       A.    I made corrections to some of the figures.
10   I don't remember what -- which ones.
11       Q.    Do you have any knowledge as to what
12   generated those corrections?
13       A.    No.
14       Q.    So you were just given a copy of this table
15   with some handwritten corrections by Mr. Whalen?
16       A.    Yes.
17       Q.    And you made those changes?
18       A.    Uh huh.
19       Q.    Any other tables besides B26?  You said B26
20   through --
21       A.    59.
22             Well, I can't say that changes were made to
23   every single table, but it's kind of a series of
24   tables.
25       Q.    Do those handwritten changes still exist?

                                                 78

 1       A.    I don't know.
 2       Q.    All right.  Other than those, the changes
 3   in the volumes located in these tables, are you aware
 4   of any other changes from the '90 to the '92 SWIM
 5   plan?
 6       A.    Pardon?
 7       Q.    From the '90 to the '92 SWIM plan.
 8       A.    These programs were added on page E26.
 9       Q.    What page?
10       A.    E26.
11       Q.    What are those?
12       A.    I really don't know.
13       Q.    Okay.
14       A.    Appendix F was added.  The --
15       Q.    What was Appendix F?
16       A.    Well, I'm reading from the cover sheet,
17   Documentation of Models used to Determine the Size of
18   Stormwater Treatment Areas.
19       Q.    Do you know what a stormwater treatment
20   area is?
21       A.    Not really.
22       Q.    Have you heard that term referred to in
23   your work?
24       A.    Yes.
25       Q.    Have you developed any kind of general

                                                 79

 1   idea, knowledge as to what that term means?
 2       A.    Not really.
 3             Also the comments in Appendix G were
 4   updated for this draft as they are for every draft.
 5       Q.    Appendix D?
 6       A.    G at the end.
 7       Q.    Let me ask you with regard to Appendix G --
 8   have you got it?
 9       A.    Yes.
10       Q.    On page G1 there is this the summary that
11   you did of the public meeting in Belle Glade.
12       A.    I worked on a summary.  I don't know if
13   this is the final form.  It was finished by Paul
14   Whalen.
15       Q.    Let me just ask you to quickly look at
16   Exhibit 6, which we've marked, which you produced to
17   us.  This is entitled, External Comments Received
18   from the Draft Everglades SWIM Plan.  Tell me if that
19   document is what later became Appendix G.
20             MS. CLEMENTS:  Are you asking her to go
21        through every page in here and make sure it's
22        all in Appendix G?
23   BY MR. GAINES:
24       Q.    Well, tell me generally if that's the basis
25   of Appendix G.  You don't have to go through every

                                                 80

 1   single page.
 2       A.    I believe it is.  It's not the same.  There
 3   are additions to that list.
 4       Q.    Okay.  Did you compile that list?
 5             MR. ROSENBERG:  You mean Exhibit G?
 6   BY MR. GAINES:
 7       Q.    Exhibit 6.
 8       A.    No.
 9       Q.    Why was that document among your documents?
10   Do you know?
11       A.    I was given a copy.  I don't really know
12   why.
13       Q.    Okay.  Is the -- on page G8 of the SWIM
14   appendix, there's another meeting summary for the
15   Miramar meeting on November 19, 1991.  Is that your
16   summary?
17       A.    Partially.
18       Q.    Is this also you did a draft and then it
19   was completed by Mr. Whalen?
20       A.    Yes.  I didn't have time to finish the
21   comments in time.  It was a very short deadline to do
22   so.
23       Q.    Okay.  Do you know what process was used to
24   complete these summaries?
25       A.    As far as I know Paul watched the

                                                 81

 1   videotapes just as I had done to pull out the
 2   comments.
 3       Q.    Okay.  All right.  Can I have Number 6
 4   back, please.
 5             Are you aware of any other changes from the
 6   '90 to the '92 SWIM plan?
 7       A.    There would be addition of the Marjory
 8   Stoneman Douglas Everglades Protection Act was added
 9   to Appendix A.
10       Q.    Okay.  Anything else?
11       A.    I can't think of anything else.
12       Q.    Did you ever have any discussion with any
13   of your superiors or attend a meeting or receive any
14   information with regard to the reasons for the 1992
15   SWIM Plan, what the broad goals of it were as opposed
16   to what you had done in the 1990 plan?  Were you
17   given any kind of overview?
18       A.    No.
19       Q.    Was there ever a meeting of like the SWIM
20   writing team to talk about the direction things were
21   going or how it was intended that the plan would look
22   and read at the end of the process?
23       A.    As far as the 1992 draft is concerned, I
24   don't really have any knowledge of the meetings that
25   may have happened.

                                                 82

 1       Q.    So, from your perspective, you just came to
 2   work one day and suddenly Paul Whalen is handing you
 3   appendices to work on on the SWIM plan again and you
 4   are back into the SWIM plan and you are not sure
 5   where it came from or why?
 6       A.    Yes.
 7       Q.    Did you ever hear that the SWIM plan was a
 8   product of a settlement agreement in the federal
 9   lawsuit?
10       A.    Did I ever hear that?
11       Q.    Yes.
12       A.    From who?
13       Q.    Anyone.
14       A.    No.
15       Q.    Have you ever had that thought before, has
16   it ever occurred to you that the '92 draft of the
17   SWIM plan is somehow related to the federal
18   settlement agreement?
19       A.    No.
20       Q.    That's never been discussed in your
21   presence or with anyone?
22             MS. CLEMENTS:  Objection.  Asked and
23        answered.
24             THE WITNESS:  No.
25   BY MR. GAINES:

                                                 83

 1       Q.    Did you ever read the settlement agreement?
 2       A.    I've seen it.  I can't remember if I've
 3   read it or not.
 4       Q.    Why would you have seen it?  Is it included
 5   in the SWIM plan?
 6       A.    No.
 7       Q.    Was there any discussion about putting a
 8   copy of the settlement agreement in the SWIM plan?
 9       A.    Yes.
10       Q.    And what was that discussion?
11       A.    Just that it was going to be included and
12   that I would need a copy of it to photocopy.
13       Q.    Who told you that?
14       A.    Paul Whalen.
15       Q.    When did that occur, that conversation?
16       A.    I don't remember.
17       Q.    So you got a copy of the settlement
18   agreement?
19       A.    Yes.
20       Q.    Where did you get your copy?
21       A.    I believe I got it from the Legal
22   Department.
23       Q.    Who in the Legal Department?
24       A.    I don't remember.
25       Q.    Other than Mr. Whalen telling you that it

                                                 84

 1   may be included or that would be included, what other
 2   discussion, if any, did you have with him about the
 3   settlement agreement?
 4       A.    None.
 5       Q.    So in response to his instruction you
 6   obtained a copy of it?
 7       A.    Yes.
 8       Q.    And then was there ever any additional
 9   discussion about the settlement agreement?
10             MS. CLEMENTS:  With who?
11             MR. GAINES:  With Mr. Whalen.
12             MS. CLEMENTS:  Objection.  Asked and
13        answered.
14             THE WITNESS:  No.
15   BY MR. GAINES:
16       Q.    Did you ever have any additional discussion
17   about the settlement agreement with anyone?
18       A.    No.
19       Q.    How did it come -- were you ever told that
20   the settlement agreement was not going to be included
21   in the SWIM plan?
22       A.    Yes.
23       Q.    By whom?
24       A.    Paul.
25       Q.    Okay.  So that -- when did he tell you

                                                 85

 1   that?
 2       A.    The same week that he told me that it was
 3   going to be.  I don't remember.
 4       Q.    The same week?  You think it was right
 5   around the same time?
 6       A.    I think so.  I don't -- I don't really
 7   remember.
 8       Q.    Can you --
 9       A.    I'm really guessing it's so far out.
10       Q.    I don't want you guessing.
11             Do you remember what he told you about
12   that?
13       A.    No.
14       Q.    You just remember at one point he said it
15   would be in and then at a subsequent point he said it
16   wouldn't be in?
17       A.    Yes.
18       Q.    Did it ever get included in a preliminary
19   draft in one of --
20       A.    Not to my knowledge.
21       Q.    From your perspective was the process of
22   drafting the 1992 SWIM Plan handled differently in
23   any way than the 1990 SWIM plan?
24       A.    Not that I'm aware.
25       Q.    Were there periodic meetings held of the

                                                 86

 1   SWIM plan writing team for lack of a better label?
 2       A.    If there were, I wasn't aware of it.
 3       Q.    If there were you weren't at them?
 4       A.    I wasn't aware that they were even holding
 5   any meetings.
 6       Q.    Did you ever attend such a meeting?
 7       A.    No.
 8       Q.    In your entire three and a half years --
 9       A.    No.
10       Q.    -- you never had occasion to -- I'm not --
11   I just want to make sure I have it covered -- sit
12   around in a conference room with the other people
13   working on the SWIM plan and talk about where
14   everything stood or where it was going or what
15   everyone's tasks were for the next period of time?
16       A.    At which time period are you referring to?
17       Q.    Any time.
18       A.    I think I went to one meeting.
19       Q.    Can you recall anything about the meeting?
20       A.    Only that I was asked to do an index for
21   Volume III.
22       Q.    You were asked to do an index for -- I'm
23   sorry -- Volume III?
24       A.    Yes.
25       Q.    Of which draft, '92?

                                                 87

 1       A.    No.
 2       Q.    '90?
 3       A.    No.  I think it was prior to that.
 4       Q.    And that's the only meeting you can ever
 5   recall attending?
 6       A.    Yes.
 7       Q.    If other people were holding meetings you
 8   weren't aware of it?
 9       A.    Yes.
10       Q.    Okay.  Do you know who made the decision to
11   change the SWIM plan after the 1990 final draft?
12       A.    No.
13       Q.    And for the 1992 draft of the SWIM plan,
14   and this might be something we already covered, but
15   your role continued to be pretty much the same as it
16   had been for the prior drafts in that you were doing
17   inputting of information, editing and graphics and
18   that type of thing, correct?
19       A.    Yes.
20       Q.    Let me show you -- make sure I'm looking at
21   the right thing here.  Pardon me.
22             MR. GAINES:  This will be Composite Number
23        7.
24             (The document was marked Exb. No. 7.)
25   BY MR. GAINES:

                                                 88

 1       Q.    These are several pages from the draft of --
 2   September 24, 1991 draft of the supporting
 3   information document which were produced to us and I
 4   wanted you, if you could, to tell me what I'm looking
 5   at here.  I see some handwritten edits and some check
 6   marks with the initials SF.
 7       A.    These were editorial changes that were
 8   given to me to input into the electronic copy.
 9       Q.    Okay.  Do you know who -- do you know whose
10   writing this is, where it says, "delete" on page 4?
11       A.    No, I don't.
12       Q.    Okay.
13       A.    It's not mine.
14       Q.    All right.  Well, where -- on the this
15   check mark above it with the SF, is that your
16   handwriting?
17       A.    Yes.
18       Q.    Okay.  What does the check mark and the SF
19   signify?
20       A.    It's just a reminder to myself, yes, I did
21   that correction.
22       Q.    That shows you that that -- that you did
23   that and you've completed that part of the task?
24       A.    Uh huh.
25       Q.    All right.  And same thing with table 16 on

                                                 89

 1   page 159, do you know whose handwriting that is?
 2       A.    No.
 3       Q.    And, again, we see the check mark and SF so
 4   that means you completed that?
 5       A.    Yes.
 6       Q.    Same question with this table on page 187,
 7   do you know whose handwriting that is?
 8       A.    No, I don't.
 9       Q.    Okay.  I'm assuming that you don't know --
10   well, I'll ask you.  Do you have any idea why these
11   numbers and these tables were changing or were
12   changed?
13       A.    There had been some error in the data.
14       Q.    Okay.  So they were just going back and
15   refining their data?
16       A.    Yes.
17       Q.    Let me show you another set of documents.
18             MR. GAINES:  This would be Number 8,
19        Composite 8.
20             (The document was marked Exb. No. 8.)
21   BY MR. GAINES:
22       Q.    This is in a folder or was in a folder
23   marked, SWIM Legislation, Handle with Care.  Is that
24   your handwriting?
25       A.    Yes.

                                                 90

 1       Q.    And what does the "Handle with Care" mean?
 2       A.    Well, means not to dog ear or make marks on
 3   it or crinkle it up --
 4       Q.    Or lose it?
 5       A.    -- or mishandle it.
 6       Q.    Okay.  And the -- in the way it was
 7   produced to me, the first document here is the
 8   settlement agreement which we spoke about earlier.
 9   My question is:  Is the settlement agreement included
10   here with the -- if you look through there, you'll
11   see copies of the various statutes and executive
12   orders relating to the SWIM Act.  Is the settlement
13   agreement included in that package because of your
14   instruction from Mr. Whalen to get a copy of it for
15   inclusion in the appendix?
16       A.    Yes.
17       Q.    So it was just maintained with the other
18   SWIM legislation in your records?
19       A.    Yes.
20       Q.    Okay.  Let me show you what's been marked
21   as Exhibit 2, a document entitled, What Remains to be
22   Completed for Volume III and ask if you recognize
23   that?
24       A.    Yes.
25       Q.    Who is that or what is that document?

                                                 91

 1       A.    It's a check list.
 2       Q.    What -- do you know when you obtained that,
 3   received that?
 4       A.    I think it was for the 1990 draft.
 5       Q.    Okay.  Who is that from?
 6       A.    Dave Swift.
 7       Q.    Is that what the DS stands for down there?
 8       A.    Yes.
 9       Q.    All right.  I see two items under your name
10   on that check list.  Number one states, "Continue
11   with formatting TOC."  What does that mean?
12       A.    TOC stands for table of contents and that
13   has to be put together.  That's the last thing before
14   putting the document together before printing.
15       Q.    Okay.  The second is asking you to
16   coordinate all the references and check for accuracy?
17       A.    Yes.
18       Q.    Okay.  That was for the 1990?
19       A.    I believe so.
20       Q.    Let me show you what was marked as Exhibit
21   1 -- and it's not marked; it should be a composite --
22   two memos; one dated June 5, 1990 and second dated
23   June 11, 1990 to -- first is to Paul Whalen from
24   Sarah Nall and second is Everglades SWIM writing team
25   from Paul Whalen.  If you would, please take a look

                                                 92

 1   at these and let me know if you've seen these before.
 2       A.    Yes.
 3       Q.    Okay.  What were these -- what did these
 4   memos concern?
 5       A.    I have to read it to tell you.  I believe
 6   the Sugar Cane League was requesting any SWIM related
 7   documents and to let them know if we had any
 8   documents or not.
 9       Q.    What is the list of items that is attached
10   to the memo dated June 5th?
11       A.    Did you say what is it?
12       Q.    Yeah.  What is that?  Looks like some kind
13   of bibliography to me.
14       A.    That's what it is, to make sure all of the
15   references were included.
16       Q.    Is that your handwriting on there?
17       A.    Yes.
18       Q.    Yes?
19       A.    Yes.
20       Q.    Okay.  What does it mean next to a
21   reference when it says, "not found"?
22       A.    This column shows the page number in which
23   this reference is cited.
24       Q.    Within the SWIM plan?
25       A.    Yes.

                                                 93

 1       Q.    Okay.  That's the 1990 version, I guess?
 2       A.    Yes.
 3       Q.    Okay.  And where it says, "not found," does
 4   that mean it wasn't cited?
 5       A.    Yes.
 6       Q.    And were these the items that were being
 7   produced for Sugar Cane League, copies of those, if
 8   you know?
 9       A.    It seems so.
10       Q.    Did you, in fact, did you attend this
11   meeting with Sarah Nall to discuss this matter?
12       A.    Yes.
13       Q.    Do you recall anything about the meeting?
14       A.    Not really.
15       Q.    Any recollection as to what the purpose of
16   the meeting was?
17       A.    It was to make sure that we could produce
18   all of the references that they requested.
19       Q.    Okay.  I have here marked as Composite
20   Number 3 what you've entitled, Electronic Files.  I'm
21   not sure where it stops, though.  And it might also
22   include Exhibits 4 and 5, so you can tell me.  Let's
23   go through this.  With regard to Electronic Files,
24   those again were matters that you didn't have hard
25   copies of, but they were in your computer and you

                                                 94

 1   printed them out --
 2       A.    Yes.
 3       Q.    -- for this production?
 4             The first document is dated -- says here
 5   May '90.  Did you write that on there?  Is that your
 6   handwriting?
 7       A.    Yes.
 8       Q.    When was that written on there?
 9       A.    The day I printed it.
10       Q.    Within the last week or so?
11       A.    Yes.
12       Q.    Is this the list of comments from outside
13   agencies that you compiled for Paul Whalen that you
14   mentioned earlier in the deposition?
15       A.    Yes.
16       Q.    And, as I understood your testimony, you
17   looked at the letters and then decided which -- what
18   were the important comments and reduced them to this
19   form?
20       A.    Yes.
21             MR. ROSENBERG:  Excuse me.  What exhibit
22        number is that?
23             MR. GAINES:  It's part of Composite Exhibit
24        3.
25   BY MR. GAINES:

                                                 95

 1       Q.    So this is all your work product here?
 2       A.    Yes.
 3       Q.    Do you know what happened with this after
 4   it left you?
 5       A.    No.
 6       Q.    And this was done at Mr. Whalen's request?
 7       A.    Yes.
 8       Q.    All right.  Next is another document
 9   entitled, Relationships Among Goals, Issues,
10   Objectives, Strategies, Programs and Projects of the
11   Everglades SWIM Plan.  Looks like a flow chart of
12   some type.
13             What was the purpose of this document?
14       A.    No response.
15       Q.    Well, let me back up from that.  Did you
16   have any role in creating this document?
17       A.    No.
18       Q.    Who did create that document?
19       A.    I don't remember.
20       Q.    Do we have it here today because it was in
21   your system?
22       A.    Yes.
23       Q.    And you just printed it out?
24       A.    Yes.
25       Q.    Okay.  Do you have any recollection what --

                                                 96

 1   where this document fit into the picture?  Did it
 2   ever appear in any of the SWIM plans or appendices
 3   thereto?
 4       A.    I don't know.
 5       Q.    Your computer work stations are networked
 6   with each other?
 7       A.    Yes.
 8       Q.    You can send information back and forth, is
 9   that correct?
10       A.    Yes.
11       Q.    In your directory that you used to print
12   this, is there a -- well, let me ask you if this is
13   how it's done.  Would there be a directory that has
14   this document listed in some fashion so that you can
15   pull it up and print it out?  How did you access this
16   document?
17       A.    It's on my work station.  It's not in a
18   directory.
19       Q.    So there's no directory that would identify
20   the author of this --
21       A.    No.
22       Q.    -- that you're aware of?
23       A.    I produced this from the hard copy and I
24   put together the graphics format here.
25             MR. ROSENBERG:  Excuse me.  Can I see that?

                                                 97

 1   BY MR. GAINES:
 2       Q.    What do you mean by that, you put together
 3   the graphics format?
 4       A.    In other words, it was written out on a
 5   piece of paper showing little boxes drawn in.
 6       Q.    Okay.  So back in 1990 when you -- this was
 7   originally created, somebody did a handwritten
 8   version of this and you took it and put it into the
 9   system so that it would look nice and neat like it
10   does there?
11       A.    Yes.
12       Q.    Does the piece of paper that you were using
13   to create this still exist, to your knowledge?
14       A.    I don't know.
15       Q.    Do you know whose handwriting was on that
16   paper?
17       A.    No response.
18       Q.    Do you remember if it was Mr. Whalen or
19   Mr. VanArman or somebody else?
20       A.    I would guess Joel VanArman.  It's just a
21   guess.
22       Q.    Okay.  And did you understand in creating
23   this where you have goals, I, II, III, IV, V, VI,
24   whatever, were those being listed in order of
25   importance or priority or what was the rationale for

                                                 98

 1   the different roman numerals?
 2       A.    As far as the order, I really don't know
 3   why they are in this order.
 4       Q.    Okay.  All right.  The next portion, the
 5   last portion of Composite Exhibit 3 is a one page
 6   document entitled, Everglades Planning Division,
 7   Everglades SWIM Plan, a time line of sorts.  It's
 8   program, project planning, scheduling and budget
 9   form.  What connection did you have with that
10   document?
11       A.    The same as the last document.  I simply
12   put it into this graphic format.
13       Q.    Someone else gave you all of this
14   information and you did the computer graphics on it?
15       A.    Yes.
16       Q.    Do you know who gave you the information
17   that went into this?
18       A.    I don't remember.
19       Q.    Let me show you what I've marked as Exhibit
20   4.  Is this also part of your Electronic Files?  It's
21   a -- it's entitled, Draft Everglades SWIM Plan,
22   9-24-91 Version, Comments and Proposed District
23   Responses.
24       A.    No, it isn't.
25       Q.    You stated earlier that -- I believe you

                                                 99

 1   stated earlier that the one occasion you had to do
 2   editing to the text in the 1992 SWIM Plan was to take
 3   the proposed district responses and/or the proposed
 4   revisions arising out of that in making those edits
 5   in the '92 SWIM plan, is that right?
 6       A.    Yes.
 7       Q.    There's two documents here.  Exhibit 4 is
 8   what I just described and Exhibit 5 is entitled,
 9   Everglades SWIM Plan Proposed Revisions.  Did you use
10   either or both of these documents in making your
11   revisions?
12       A.    I used this one.
13       Q.    Okay.  Before we go to that one, Exhibit 4,
14   Comments and Proposed Responses, what did you do, if
15   anything, with regard to that document?
16       A.    Nothing.
17       Q.    Did you ever see it?
18       A.    Yes.
19       Q.    What did you -- is that included in one of
20   the appendices?
21       A.    No.
22       Q.    For what purpose did you need to see that
23   document?
24       A.    I don't know that there was any purpose.
25       Q.    Okay.  It was just one of the documents in

                                                 100

 1   your file when you compiled your documents for this
 2   deposition?
 3       A.    Yes.
 4       Q.    Did you ever have any discussions with
 5   anybody about this document or about any of those
 6   proposed responses to comments?
 7       A.    No.
 8       Q.    All right.  Let's turn to Exhibit 5.
 9   How -- tell me how you used this document to revise
10   the SWIM plan.  First of all, before we get into
11   that, what role, if any, did you have in producing
12   this document?
13       A.    I had no role in producing it.
14       Q.    Okay.  Where did you obtain that document
15   from?
16       A.    From Paul Whalen.
17       Q.    Do you know what process -- what the
18   process was that generated that document?
19       A.    No, I don't.
20       Q.    Mr. Whalen would be the one to ask that, I
21   guess.
22             MS. CLEMENTS:  Objection.  Speculation.
23   BY MR. GAINES:
24       Q.    Do you know of anybody other than
25   Mr. Whalen that would have knowledge about that

                                                 101

 1   subject?
 2       A.    Can you clarify that?
 3       Q.    Yes.  The subject being how was this
 4   document generated, what went into it?  If I wanted
 5   to find out whose thought processes are reflected on
 6   these responses which ultimately resulted in your
 7   edits in the SWIM plan, who would I ask?
 8       A.    Well, I obtained it from Paul and that's
 9   all I know, so I guess he would be the one to ask.
10       Q.    Okay.  Can you tell me how you went about
11   doing your edits with the use of this document?
12       A.    I only worked on this particular section,
13   Editorial Corrections and Comments.
14       Q.    Okay.  That's the section that starts at
15   page 16 --
16       A.    16.
17       Q.    -- of the document.
18       A.    And they are marked as to which document
19   they are pertaining to, PD stands for planning
20   document.  SID stands for supporting information
21   document.  And so I just found this text on the pages
22   that is here and made the changes.
23       Q.    Okay.  Can I look at that one?
24             So you were -- for example, on number 7
25   here, it says, "Florida Bay, page 124 planning

                                                 102

 1   document; add language concerning Florida Keys
 2   National Marine Sanctuary."  There's nothing here
 3   that would tell me what language to add, so when you
 4   went to that, what would you do?
 5       A.    I had another document that I was working
 6   from as well --
 7       Q.    Okay.
 8       A.    -- that would show me what it's referring
 9   to.
10       Q.    I'm sorry.
11       A.    Another document that would show me what
12   this was referring to.
13       Q.    What document was that?
14       A.    I don't have it.
15       Q.    Do you recall whether or not -- well, have
16   you seen it recently?  When you were preparing your
17   documents for production did you notice that
18   document?
19       A.    No.
20       Q.    What would that document be called, if
21   anything?
22       A.    I believe it was similar to the collection
23   of letters from other agencies.
24       Q.    Okay.  But there was language in there that
25   told you specifically what to insert with regard to

                                                 103

 1   specific areas?
 2       A.    Yes.  They sent in their letters, itemized
 3   comments referring to the page, the document and what
 4   they thought it should say, what the correction
 5   should be.
 6       Q.    With regard to any of these editing
 7   changes, I see some of them are misspelling and some
 8   of them are grammar.  With regard to the ones that
 9   require the drafting of new language, were you the
10   person who actually drafted language or were you
11   given language on some other document, you know, and
12   told to insert it?
13       A.    Well, as I said, there were comments from
14   agencies that they spelled out the language and the
15   way it should be read.
16       Q.    For example --
17       A.    And I fit it into the text as far as the
18   grammar.
19       Q.    Okay.  And you are not aware of where that
20   other document is, correct?
21       A.    No.
22       Q.    No, you are not aware?  I said, "correct"
23   and you said, "no."
24       A.    Correct.
25       Q.    And, as far as you're concerned, who made

                                                 104

 1   the decision that these edits would, in fact, be
 2   made?  Was that Mr. Whalen or someone else?
 3             MS. CLEMENTS:  Objection.  Speculation.
 4   BY MR. GAINES:
 5       Q.    You can answer.
 6       A.    I can't say that it was just one person.  I
 7   really don't know.
 8       Q.    Let me show you a document which we'll mark
 9   as Composite Number 9.
10             (The document was marked Exb. No. 9.)
11   BY MR. GAINES:
12       Q.    The cover of this just says 61357.  Does
13   that mean anything to you?
14       A.    No.
15       Q.    Do you recognize any of the handwriting on
16   that page?
17       A.    No.
18             Is this my document?
19       Q.    Wait.  Before we go to that page, this is
20   not your handwriting?
21       A.    No.
22       Q.    You don't know whose it is?
23       A.    No.
24       Q.    All right.  Third page of this is a memo
25   dated February 7, 1990 regarding an Everglades SWIM

                                                 105

 1   meeting, Everglades SWIM writing team, which is
 2   stated at the bottom to include you.  Do you recall
 3   this memo?
 4       A.    No.
 5       Q.    Do you recall the meeting that's referred
 6   to in the memo?
 7       A.    No, I don't.
 8       Q.    Do you think you attended the meeting or
 9   you just don't have any recollection?
10       A.    I don't remember attending the meeting.
11       Q.    Do you keep any kind of daily calendar or
12   scheduler?
13       A.    No.
14       Q.    Did you keep one in 1990?
15       A.    No.
16       Q.    On that last page there's a chart of sorts,
17   Proposed Everglades SWIM Planning Schedule.  First
18   question:  Do you recognize any of that handwriting?
19       A.    No.
20       Q.    Have you seen that chart before?
21       A.    I don't recall it.
22             MS. CLEMENTS:  Can I see that for a second,
23        please?
24             MR. GAINES:  Oh.  I'm sorry.
25             This will be Composite Number 10.

                                                 106

 1             (The document was marked Exb. No. 10.)
 2   BY MR. GAINES:
 3       Q.    All right.  Here's another document.  I
 4   want you to just look at and tell me if you recognize
 5   it or the handwriting.
 6       A.    I don't recognize this.
 7       Q.    Okay.  Let me just ask you to look.  Seems
 8   to be a later page to this exhibit, some pages of
 9   text from a SWIM plan, Water Quality Limitations for
10   Everglades National Park and Methods Utilized in
11   their Development.
12             Have you ever seen that before and do you
13   recognize whose edits those are?
14             MS. CLEMENTS:  Objection.  Compound.
15             THE WITNESS:  I don't recognize these.
16   BY MR. GAINES:
17       Q.    Is this the type of document that you would
18   normally get in the course of your work, a printed
19   page like this with some edits and you would make
20   those changes?
21       A.    Yes.
22       Q.    In the 1990 SWIM draft you are listed as a,
23   quote, SWIM technician, end of quote and in the '92
24   you are listed as graphics, corrections, editing and
25   formatting.  Do you know what -- is there a

                                                 107

 1   difference in your role between the '90 and '92 draft
 2   other than what we've already talked about?
 3       A.    No.
 4       Q.    What does the term, "SWIM technician" mean?
 5       A.    It means that I am a technician who worked
 6   on the SWIM plan.
 7       Q.    Okay.  And Steven Traber was also a SWIM
 8   technician?
 9       A.    He really didn't do the same work I did,
10   no.
11       Q.    What did he do?
12       A.    He may have helped out a little bit at one
13   point.  I really --
14       Q.    Well, what job did he have, do you recall?
15   Are you familiar with Steven Traber?
16       A.    Yes.  I think he helped with labeling some
17   of the graphics and so on.
18       Q.    So SWIM technician is a phrase or a term
19   that was used for people who worked on the physical
20   production of the document itself?
21       A.    Yes.
22       Q.    You're currently working on what project?
23       A.    The Lower East Coast Water Supply Plan.
24       Q.    Have you been advised by anyone that you
25   may be working on the Everglades SWIM Plan again?

                                                 108

 1       A.    No.
 2       Q.    Do you know, is anyone, to your knowledge,
 3   currently working on the Everglades SWIM Plan?
 4       A.    Not that I know of.
 5       Q.    Are you aware of -- have you ever heard the
 6   phrase, "Optimal Plan" or "Optimum Plan" with regard
 7   to the Everglades SWIM Plan?
 8       A.    No.
 9             MS. CLEMENTS:  You mean other than what she
10        saw in her notice of deposition when you asked
11        for the Optimum Plan, correct?
12             MR. GAINES:  Well, yeah.
13             MS. CLEMENTS:  Other than seeing it in the
14        notice of deposition here.
15             THE WITNESS:  No.  I never heard those
16        terms.
17             MR. GAINES:  Even without the qualifier she
18        still said no.
19             That's all I have.
20             Thank you.
21             THE WITNESS:  Thank you.
22             MS. CLEMENTS:  You have the right to go
23        ahead and read your depo over for any spelling
24        irregularities or so forth.  We're not going to
25        waive that right.

                                                 109

 1             THE WITNESS:  Okay.
 2             MS. CLEMENTS:  We'll go ahead and take it.
 3           (Witness excused.)
 4 
 5           (Thereupon, at 2:22 p.m.,
 6            the deposition was concluded.)

                                                 110

 1                C E R T I F I C A T E
 2                         -  -  -
 3 
 4   The State of Florida,   )
 5   County of Palm Beach.   )
 6 
 7 
 8             I hereby certify that I have read the
 9   foregoing deposition by me given, and that the
10   statements contained therein are true and correct to
11   the best of my knowledge and belief.
12 
13             Dated this ____ day of______________ 1992.
14 
15 
16 
17 
18                           _________________________
19                               Sandra Formati
20 
21 

                                                 111

 1                C E R T I F I C A T E
   
 2 
     The State of Florida     )
 3   County of Palm Beach.    )
   
 4 
               I, April Y. Sapp, Court Reporter and Notary
 5   Public, State of Florida at large, do hereby certify
     that Sandra Formati was by me first duly sworn to
 6   testify the whole truth; that I was authorized to and
     did report said deposition in stenotype; and that the
 7   foregoing pages, numbered from 1 to 109, inclusive,
     are a true and correct transcription of my shorthand
 8   notes of said deposition.
   
 9             I further certify that the said deposition
     was taken at the time and place hereinabove set forth
10   and that the taking of said deposition was commenced
     and completed as hereinabove set out.
11 
               I further certify that I am not attorney or
12   counsel of any of the parties, nor am I a relative or
     employee of any attorney or counsel or party
13   connected with the action, nor am I financially
     interested in the action.
14 
               The foregoing certification of this
15   transcript does not apply to any reproduction of the
     same by any means unless under the direct control
16   and/or direction of the certifying reporter.
   
17             In witness whereof I have hereunto set my
     hand and seal this ____ day of_____________ 1992.
18 
   
19 
   
20                      _______________________________
                        April Y. Sapp,
21                      Notary Public, State of Florida
                        at large.  My commission expires
22                      August 3, 1993.



     DATE:  October 30, 1992
     TO:  Sandra Formati
          c/o Legal Department
          South Florida Water Management District
          3301 Gun Club Road
          West Palm Beach, Florida 33406
   
     RE:  Sugar Cane  versus  SFWMD
   
     Please take notice that on October 19, 1992, you
     gave your deposition in the above referred matter.
     At that time you did not waive signature.  It is now
     necessary that you sign your deposition.
   
               Please come to our office, 319 Clematis
     Street, Fifth Floor, West Palm Beach, Florida, at any
     time between the hours of 9:00 a.m. and 4:30 p.m.,
     Monday through Friday, to sign the deposition.
     Notice that this address may be different than the
     one where you gave your deposition.
   
               If you do not appear to sign your
     deposition within thirty (30) days, the original will
     be forwarded to the attorney who requested your
     appearance for deposition, for filing with the Clerk
     of the Court.  If you wish to waive your signature,
     sign your name in the blank at the bottom of this
     page and return to us.
   
                             Very truly yours,
   
                             MUDRICK, WITT, LEVY & CONSOR
                             REPORTING AGENCY, INC.
   
   
                             ____________________________
                             April Y. Sapp
                             NOTARY PUBLIC
   
   
     I do hereby waive my signature:
   
   
     ______________________________
     Sandra Formati
   
     cc:
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