STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUGAR CANE GROWERS COOPERATIVE OF )

FLORIDA, a Florida Agricultural )

Cooperative Marketing Association, ) CASE NOS. 92-3038

ROTH FARMS, INC., and ) 92-3039

WEDGWORTH FARMS, INC., ) 92-3040

)

and )

)

FLORIDA SUGAR CANE LEAGUE, INC.; )

UNITED STATES SUGAR CORPORATION; )

and NEW HOPE SOUTH, INC., )

) _____________________

and )

FLORIDA FRUIT AND VEGETABLE ) DEPOSITION

ASSOCIATION, LEWIS POPE FARMS, )

W.E. SCHLECHTER & SONS, INC., and ) OF

HUNDLEY FARMS, INC., )

) DR. ROBERT G. QUALLS

Petitioners, ) _____________________

)

vs. )

)

SOUTH FLORIDA WATER MANAGEMENT )

DISTRICT, an Agency of the State )

of Florida, )

)

Respondent, )

)

and )

)

MICCOSUKEE TRIBE OF INDIANS OF )

FLORIDA, the UNITED STATES OF )

AMERICA, and FLORIDA DEPARTMENT OF )

ENVIRONMENTAL REGULATION, and the )

FLORIDA WILDLIFE FEDERATION, )

)

Intervenors. )

___________________________________)

AT DURHAM, NORTH CAROLINA

NOVEMBER 12, 1992 - 9:00 A.M.

REPORTED BY: PAMELA S. LILES

CAROLYN Y. HALL & ASSOCIATES

DR. QUALLS PAGE 2

APPEARANCES:

FOR THE PETITIONERS:

MR. RICK BURGESS

PEEPLES, EARL & BLANK

215 SO. MONROE STREET

SUITE 350

TALLAHASSEE, FLORIDA 32301

TELEPHONE: (904) 681-1900

FOR THE

RESPONDENT-INTERVENOR:

MS. SUZAN HILL PONZOLI MR. LEE M. KILLINGER

ASSISTANT U.S. ATTORNEY ASSISTANT GENERAL COUNSEL

SOUTHERN DISTRICT OF FLORIDA STATE OF FLORIDA

155 SOUTH MIAMI AVENUE DEPARTMENT OF ENVIRONMENTAL

SUITE 627 REGULATION

MIAMI, FLORIDA 33130 TWIN TOWERS OFFICE BUILDING

2600 BLAIR STONE ROAD

TELEPHONE: (305) 536-4425 TALLAHASSEE, FLORIDA 32399

TELEPHONE: (904) 488-9730

FOR DUKE UNIVERSITY:

MR. RALPH L. McCAUGHAN

KING, WALKER, LAMBE & CRABTREE

SUITE 100, 3708 MAYFAIR STREET

POST OFFICE BOX 51549

DURHAM, NORTH CAROLINA 27717-1549

TELEPHONE: (919) 493-8411

ALSO PRESENT:

MR. JIM GRIMSHAW, Ph.D.

SOUTH FLORIDA WATER

MANAGEMENT DISTRICT

MR. ROBERT KADLEC

MR. SAM ELSSWICK, PARALEGAL

MS. JODY REYNOLDS, PARALEGAL

DR. QUALLS PAGE 3

T A B L E O F C O N T E N T S

E X A M I N A T I O N I N D E X

DEPONENT - DR. ROBERT G. QUALLS - 11/12/92

EXAMINATION BY: PAGES

MS. PONZOLI 6-111

MR. BURGESS 111-114

MS. PONZOLI 114-119

-------------------------------------------------------

E X H I B I T S I N D E X

NUMBER DESCRIPTION MARKED

(EXHIBITS NUMBER ONE THROUGH NUMBER

ONE HUNDRED TWENTY-THREE WERE IDENTIFIED

BY DR. QUALLS DURING THE DEPOSITION,

AND COPIES WERE RETAINED BY MS. PONZOLI.)

-------------------------------------------------------

SIGNATURE PAGE FOR DEPONENT 120

CERTIFICATION OF COURT REPORTER 121

DR. QUALLS PAGE 4

STIPULATIONS

IT IS HEREBY STIPULATED AND AGREED BETWEEN THE

PARTIES TO THIS ACTION, THROUGH THEIR RESPECTIVE

COUNSEL OF RECORD:

(1) ON MOTION OF COUNSEL FOR THE

RESPONDENT-INTERVENOR, THE DEPOSITION OF DR. ROBERT

GERALD QUALLS MAY BE TAKEN BEGINNING AT OR AROUND

9:00 A.M. ON NOVEMBER 12, 1992, AT THE HILTON HOTEL,

DURHAM, NORTH CAROLINA, BEFORE PAMELA S. LILES, A

NOTARY PUBLIC.

(2) SAID DEPOSITION SHALL BE TAKEN FOR THE

PURPOSE OF DISCOVERY OR FOR USE AS EVIDENCE IN THIS

ACTION, OR FOR BOTH PURPOSES, OR FOR ANY OTHER PURPOSE

PERMITTED BY THE FEDERAL RULES OF CIVIL PROCEDURE.

(3) ANY OBJECTION OF ANY PARTY HERETO AS TO

NOTICE OF THE TAKING OF SAID DEPOSITION OR AS TO THE

TIME OR PLACE THEREOF, OR AS TO THE COMPETENCY OF THE

PERSON BEFORE WHOM THE SAME SHALL BE TAKEN, ARE HEREBY

WAIVED.

(4) THE FEDERAL RULES OF CIVIL PROCEDURE SHALL

CONTROL THE TAKING OF SAID DEPOSITION AND THE USE

THEREOF IN COURT.

(5) OBJECTIONS TO QUESTIONS AND MOTIONS TO STRIKE

ANSWERS NEED NOT BE MADE DURING THE TAKING OF THIS

DR. QUALLS PAGE 5

DEPOSITION, BUT MAY BE MADE FOR THE FIRST TIME DURING

THE PROGRESS OF THE TRIAL OF THIS CASE, OR AT ANY

PRETRIAL HEARING HELD BEFORE ANY FEDERAL COURT JUDGE

FOR THE PURPOSE OF RULING THEREON, OR AT ANY OTHER

HEARING OF SAID CASE AT WHICH SAID DEPOSITION MIGHT BE

USED, EXCEPT THAT AN OBJECTION AS TO THE FORM OF A

QUESTION MUST BE MADE AT THE TIME SUCH QUESTION IS

ASKED OR OBJECTION IS WAIVED AS TO THE FORM OF THE

QUESTION.

(6) THAT THE SIGNATURE OF THE WITNESS TO THE

TRANSCRIPT OF HIS TESTIMONY IS HEREBY REQUIRED.

(7) EXCEPT AS WAIVED BY THESE STIPULATIONS, THE

PROVISIONS OF THE FEDERAL RULES OF CIVIL PROCEDURE

SHALL APPLY TO THE TAKING OF SAID DEPOSITION AND AS TO

ITS SUBMISSION TO THE RESPECTIVE DEPONENT,

CERTIFICATION, AND FILING WITH THE APPROPRIATE NOTICING

ATTORNEY.

- - - - - - - - - - -

DR. QUALLS PAGE 6

WHEREUPON,

DR. ROBERT GERALD QUALLS,

HAVING BEEN FIRST DULY SWORN,

WAS EXAMINED AND TESTIFIED

AS FOLLOWS:

DIRECT EXAMINATION BY MS. PONZOLI:

Q. SIR, WOULD YOU PLEASE STATE YOUR NAME AND TITLE

FOR THE RECORD?

A. I'M ROBERT GERALD QUALLS, AND I AM A ASSISTANT

RESEARCH PROFESSOR AT DUKE UNIVERSITY.

Q. AND HOW IS GERALD SPELLED, PLEASE, SIR?

A. G-E-R-A-L-D. AND MY NICKNAME IS JERRY.

Q. OKAY. AND YOU ARE A DOCTOR QUALLS, IS THAT RIGHT?

A. YEAH, UH-HUH (YES).

Q. OKAY. AND YOUR ADDRESS, DR. QUALLS?

A. 29F, 311 S. LaSALLE STREET, DURHAM, NORTH

CAROLINA, ZIP CODE 27705.

Q. ALL RIGHT. AND A PHONE NUMBER FOR YOU,

DR. QUALLS?

A. PERSONAL PHONE NUMBER---

Q. IT CAN---

A. ---AT HOME?

Q. ---BE YOUR WORK NUMBER. IT DOESN'T MATTER.

A. OKAY. AT WORK, IT'S AREA CODE 919 684-2619.

DR. QUALLS PAGE 7

Q. OKAY. DR. QUALLS, FOR THE RECORD, I AM SUZAN HILL

PONZOLI, I AM AN ASSISTANT UNITED STATES ATTORNEY.

I REPRESENT THE UNITED STATES IN AN ADMINISTRATIVE

PROCEEDING IN FLORIDA, PURSUANT TO WHICH IS HOW WE

HAVE SUBPOENAED YOU FOR YOUR DEPOSITION IN

CONNECTION WITH YOUR RESEARCH FOR AND WITH THE

DUKE WETLANDS CENTER AND DR. CURTIS RICHARDSON.

A. UH-HUH (YES).

Q. DR. RICHARDSON HAS BEEN LISTED, AND DR. RADER, AS

EXPERT WITNESSES IN THAT ADMINISTRATIVE PROCEEDING

REGARDING THE EVERGLADES IN FLORIDA. HAVE YOU HAD

YOUR DEPOSITION TAKEN BEFORE, DR. QUALLS?

A. NO, I DON'T THINK SO.

Q. OKAY. I WILL BE ASKING YOU TODAY REALLY TO

IDENTIFY THE MASS OF YOUR DATA AND YOUR DOCUMENTS

THAT YOU'VE BEEN ASKED TO BRING PURSUANT TO A

SUBPOENA DUCES TECUM.

A. UH-HUH (YES).

Q. AND THAT WILL BE THE EXTENT OF TODAY'S EXERCISE.

WE'VE AGREED OFF THE RECORD THAT THE SECOND WEEK

OF DECEMBER, THE UNITED STATES AND OTHER COUNSEL

WILL RETURN TO DURHAM, NORTH CAROLINA, AND TAKE

YOUR SUBSTANTIVE DEPOSITION, EITHER THE 7TH, 8TH,

9TH, AND 10TH---

DR. QUALLS PAGE 8

A. UH-HUH (YES).

Q. ---DEPENDING UPON YOUR RESEARCH SCHEDULE,

WHICHEVER TWO DAYS WORK BETTER FOR THAT.

A. UH-HUH (YES).

Q. THE PROCEDURE IS IS THAT IF I ASK YOU A QUESTION

AND YOU ANSWER, IT IS PRESUMED THAT YOU UNDERSTOOD

THE QUESTION. SO, IT'S IMPORTANT IF YOU DON'T

UNDERSTAND A QUESTION, THAT YOU INDICATE.

A. ALL RIGHT. I JUST ASK YOU TO CLARIFY IT, OR

SOMETHING?

Q. THAT'S RIGHT. THAT'S RIGHT. WHAT WE'D LIKE TO DO

FIRST IS TO -- I WANT TO GET YOUR SUBPOENA AND

YOUR CV ON THE RECORD, AND THEN WE'D LIKE TO

IDENTIFY YOUR COMPUTER DISKS, SO THAT THEY CAN BE

SENT OUT FOR COPYING---

A. OKAY.

Q. ---IMMEDIATELY THIS MORNING.

A. SURE.

Q. I'M GOING TO HAND YOU WHAT'S BEEN MARKED AS

QUALLS EXHIBIT NUMBER ONE, AND ASK YOU TO PLEASE

IDENTIFY THAT?

A. OH, YEAH. THIS IS THE SUBPOENA THAT I RECEIVED.

Q. ALL RIGHT. AND DID YOU REVIEW THAT SUBPOENA WITH

ANYONE, DR. QUALLS, IN PREPARATION FOR BRINGING

DR. QUALLS PAGE 9

YOUR DOCUMENTS TODAY?

A. WELL, ONLY IN THE SENSE THAT I DID ASK HIM

(POINTING TO MR. BURGESS), YOU KNOW, WHAT EXACTLY

IS MEANT BY RAW DATA; YOU KNOW, WE'RE TRYING TO

DECIDE WHETHER IT'S THE RAWEST OF THE RAW OR

SECOND STAGE OF RAW DATA. THERE'S RAW RAW, AND

THEN THERE'S RAW, AND THEN THERE'S SEMI-FINISHED,

AND THEN FINISHED, AND THEN THERE'S DOUBLE

CHECKED.

Q. ALL RIGHT. SO, YOUR DATA GOES THROUGH MANY

ITERATIONS, AND YOU -- "HIM" BEING MR. BURGESS

AT THE END OF THE TABLE---

A. WELL, YEAH, UH-HUH (YES).

Q. RIGHT. DID ANYONE HELP YOU GET YOUR DOCUMENTS

TOGETHER?

A. NO. I PRETTY MUCH GOT THEM ALL TOGETHER. A

COUPLE OF THE TECHNICIANS ACTUALLY GOT ALL THIS

TOGETHER BECAUSE THEY, YOU KNOW, KEEP THIS

(POINTING TO NOTEBOOKS) ON THE DESK DOWNSTAIRS

RIGHT BY THE AUTOANALYZER AND THEY PRETTY MUCH

FILE AND KEEP TRACK OF THIS STUFF.

Q. THIS BEING THE RAW HARD COPY---

A. YEAH, THIS IS THE HARD COPY---

Q. ---THAT YOU'RE PRODUCING?

DR. QUALLS PAGE 10

A. ---FROM THE TECHNICON TRAACS AUTOANALYZER.

Q. OKAY.

A. AND THERE'S PROBABLY SOME C -- C-H-N DATA --

CARBON, HYDROGEN, NITROGEN DATA PRINTOUTS IN

THERE. AND, ALSO, I HAVE A BOX OF PRINTOUTS FROM

THE ION ANALYZER.

Q. DO WE HAVE YOUR CORRESPONDENCE, ALSO, DR. QUALLS

AMONG THOSE---

A. YEAH, I THINK---

Q. ---DOCUMENTS?

A. ---I HAVE MY CORRESPONDENCE AS IT RELATES TO THE

EVERGLADES STUFF, IN PARTICULAR.

Q. OKAY. THAT WOULD BE THE DOCUMENTS THAT WERE

COVERED BY THE SUBPOENA. ALL CORRESPONDENCE

RELATED TO EVERGLADES RESEARCH---

A. UH-HUH, RIGHT---

Q. ---WOULD BE---

A. ---YEAH. NOW, ON THESE DISKETTES, ALSO, THERE

MIGHT BE SOME EXTRANEOUS MATTER. I OCCASIONALLY

-- I -- I THINK I ALSO HAVE IN THERE SOME

CONFIDENTIAL REVIEWS FOR JOURNALS.

Q. OKAY.

A. BUT, YOU KNOW---

Q. ---YOU MEAN OF OTHER PEOPLES---

DR. QUALLS PAGE 11

A. ---I JUST COULDN'T GO THROUGH EVERY ONE OF THEM

AND SEPARATE OUT ALL THE FILES I HAVE.

Q. ARE THESE REVIEWS FOR OTHER PEOPLES ARTICLES?

A. RIGHT, YEAH, WHERE JOURNALS WOULD SEND ME AN

ARTICLE TO SUBMIT A CONFIDENTIAL REVIEW OF IT.

Q. I DON'T THINK ANYONE WILL ABUSE THAT PROCESS IN

THIS PROCEEDING. THEY'VE GOT SO MUCH TO READ THEY

WON'T -- THEY'LL PROBABLY NEVER EVEN READ IT.

A. YEAH.

Q. ALL RIGHT. THEN LET ME HAND YOU -- WELL, LET ME

ASK YOU ONE MORE QUESTION. WE'LL GO THROUGH THE

ENTIRE DOCUMENT REQUEST, I GUESS, AT THE END TODAY

JUST TO MAKE SURE WE'VE LEFT NO STONE UNTURNED;

BUT, TO THE BEST OF YOUR UNDERSTANDING, YOU

BELIEVE YOU HAVE PRODUCED ALL OF YOUR EVERGLADES

DOCUMENTS, PURSUANT TO THAT SUBPOENA DUCES TECUM?

A. YEAH, I THINK SO.

Q. ALL RIGHT. HAVE YOU HELD ANYTHING BACK---

A. NO---

Q. ---THAT YOU CLAIM---

A. ---NOT UNLESS I HAVE JUST COMPLETELY OVERLOOKED

SOMETHING, YOU KNOW, WHICH IS ON SOME HARD DISK,

SOMEWHERE. I USE EIGHT DIFFERENT COMPUTERS.

Q. RIGHT.

DR. QUALLS PAGE 12

A. SO, NOT TO MY KNOWLEDGE AT THE TIME.

Q. OKAY. ALL RIGHT. I'M GOING TO HAND YOU QUALLS

EXHIBIT NUMBER TWO AND ASK YOU TO IDENTIFY THAT,

PLEASE?

A. OKAY. THIS IS MY RESUME OR CURRICULUM VITAE.

Q. ALL RIGHT. AND IS THAT UP-TO-DATE?

A. YEAH, THIS IS -- THIS SAYS AUGUST, 1992, ON IT,

BUT I DON'T THINK ANYTHING HAS CHANGED SINCE

AUGUST.

Q. ALL RIGHT. AND WHAT I'D LIKE YOU TO DO AT THIS

TIME THEN IS TO BEGIN WITH THE HARD COPY DISK, AND

IT WOULD PROBABLY JUST GO EASIER INTO THE RECORD,

DR. QUALLS, IF YOU WOULD JUST READ OFF THE EXHIBIT

NUMBER AND SAY WHAT YOU BELIEVE APPEARS ON THAT

PARTICULAR HARD DISK. AND, IF YOU WOULD, JUST

MENTALLY CHECK THAT I HAVE INDICATED THE

APPROPRIATE FORMAT, IF IT'S MACINTOSH OR DOS --

I'VE WRITTEN THAT ON EACH OF THESE EXHIBIT

NUMBERS TRYING TO AID WHOEVER IS GOING TO BE

COPYING THEM.

A. OKAY. AND MAYBE WHAT I'LL ALSO DO IS TRY TO SAY

REFER TO THE ITEM NUMBER IN THE SUBPOENA WHERE IT

LISTS THE SUBJECT MATTER.

Q. SURE, THAT WOULD BE FINE.

DR. QUALLS PAGE 13

A. AND THEN I'LL SAY THIS DISK MIGHT BE A MIXTURE OF,

FOR EXAMPLE, A AND B---

Q. THAT'S FINE. THAT WOULD BE HELPFUL, THAT WOULD BE

VERY HELPFUL.

A. OKAY. FIRST OF ALL, WE'LL START OUT WITH THE

MACINTOSH DISKETTES, EXHIBIT NUMBER THREE ARE

COLOR SLIDES OF GRAPHS FOR -- LET'S SEE, I WOULD

SAY -- ITEMS NUMBER -- ITEM NUMBER (e), AND --

LET'S SEE -- WHICH ONE RELATES TO THE WATER

CHEMISTRY ALONG THE GRADIENT -- OH, THAT WOULD BE

ITEMS NUMBER (e) AND (h). THEY WOULD BE COLOR

GRAPHS.

Q. HAVE YOU WORKED ON ALL OF (h)? THAT WAS, I WILL

TELL YOU TRUTHFULLY, (h) WAS A TYPOGRAPHICAL

ERROR, AND IT WAS SUPPOSED TO BE BROKEN BY

SUB-SECTIONS. AND THE TYPIST -- I WASN'T IN TOWN

AT THE TIME -- AND THE TYPIST JUST TYPED THEM AS A

STRAIGHT, LONG PARAGRAPH.

A. OKAY.

Q. WHAT IS THE PART OF (h) THAT YOU PARTICIPATED IN?

A. OKAY. WELL, LET'S BREAK UP (h) INTO---

Q. (h)(1), (h)(2)---

A. OKAY. YEAH, SURE. (h)(1) WOULD BE "A PRELIMINARY

ASSESSMENT OF NITROGEN PHOSPHORUS ACCUMULATION AND

DR. QUALLS PAGE 14

SURFACE WATER QUALITY."

Q. RIGHT.

A. RIGHT. LET'S JUST CALL THAT NUMBER (1) THEN,

(h)(1)---

Q. ALL RIGHT.

A. ---WHAT I WOULD HAVE WOULD RELATE TO (h)(1), AND

EVEN MORE SPECIFICALLY, MAINLY TO THE SURFACE

WATER AND SOIL PORE WATER.

Q. IS THERE A TIME FRAME, DO YOU BELIEVE, THAT WOULD

APPEAR ON THESE COLOR SLIDES, OR DO THEY REPRESENT

THE THREE YEARS THAT YOU'VE BEEN DOING WORK IN

THAT AREA?

A. OH, YEAH. I THINK THE COLOR SLIDES WOULD

REPRESENT THE THREE YEARS.

Q. OKAY.

A. REALLY, THE ORGANIZING PRINCIPLE HERE IS THAT

THERE -- ALL THE ONES THAT WERE MADE AS COLOR

SLIDES FOR VARIOUS PRESENTATIONS.

Q. DO THAT ALSO INCLUDE INFORMATION ON 3B?

A. LET'S SEE -- NUMBER (b) -- "AN ANALYSIS OF

ECOSYSTEMS, CONTROLLING FACTORS AND CURRENT

STATUS." WELL, LET'S SEE, I'M NOT QUITE SURE WHAT

THAT IS. THAT SOUNDS LIKE A VERY GENERAL THING

THAT WOULD COVER EVERYTHING, IS THAT---

DR. QUALLS PAGE 15

Q. NO, NO. I MEANT WATER CONSERVATION AREA 3B.

A. OH, SORRY.

Q. YOU WERE SAYING (h)(1) WAS -- AND THAT APPEARS TO

APPLY ONLY TO 2A AND 3A?

A. THAT'S RIGHT. YEAH. WHAT THIS WOULD APPLY TO

REALLY IS ESSENTIALLY ONLY 2A, PROBABLY.

Q. OKAY. YOU BELIEVE YOUR COLOR SLIDES PROBABLY ARE

ONLY OF 2A, AND NOT 2B AND NOT 3A?

A. THAT'S RIGHT, YEAH.

Q. OKAY. OKAY. THAT'S FINE.

A. YEAH. BECAUSE THE GRADIENT STUDY WAS REALLY ONLY

IN 2A.

Q. THAT'S RIGHT. OKAY. NUMBER FOUR?

A. OKAY. EXHIBIT NUMBER FOUR. THIS ALSO IS A

MACINTOSH DISK, AND THIS ALSO IS GRAPHS WHICH WERE

PREPARED MORE OR LESS FOR THE ANNUAL REPORT AND

THEN REPRODUCED IN A COLORED FORMAT FOR SLIDES.

AND THIS ALSO WOULD BE A MIXTURE OF ITEM NUMBER

6(e) AND 6(h)(1). OKAY. DATA DISKETTE NUMBER

FIVE, MACINTOSH FORMAT. THESE ARE GRAPHS OF --

PERTAINING TO ITEM NUMBER (e), OKAY.

AND NUMBER SIX---

Q. AM I TO ASSUME UNLESS YOU TELL ME OTHERWISE THAT

WE'RE NOT LOOKING AT ANY 3B GRAPHS?

DR. QUALLS PAGE 16

A. THAT'S RIGHT.

Q. I MEAN, 2B'S. I'M SORRY, 2B GRAPHS?

A. 2B, RIGHT.

Q. THE FERTILIZER STUDY IS NOT---

A. THAT'S RIGHT, YEAH, YEAH.

Q. ---WHERE YOU'VE DONE A LOT OF WORK?

A. ---YEAH, THAT'S RIGHT.

Q. OKAY. THAT'S FINE.

A. ITEM NUMBER SIX, THIS IS MACINTOSH FORMAT. THESE

ARE GRAPHS OF WATER CHEMISTRY WHICH WOULD, I

BELIEVE PRETTY MUCH ENTIRELY APPLY TO ITEM NUMBER

(h)(1).

NUMBER SEVEN, MACINTOSH FORMAT. THIS WOULD

BE FINAL DATA FILES PERTAINING TO ITEMS NUMBER (e)

AND (h)(1).

Q. OKAY.

A. AND THIS, BY THE WAY, WOULD BE REPEATED ON SOME OF

THE IBM DISKETTES. THESE ARE SIMPLY MACINTOSH

FORMATTED COPIES OF SOME OF THE IBM FILES SO THAT

WE COULD USE MACINTOSH GRAPHICS.

Q. SO, WE WILL FIND SOME OF THE INFORMATION REPEATED

IN LATER DISK EXHIBITS?

A. YEAH. IN FACT, A LOT OF IT IS REPEATED---

Q. THAT'S FINE.

DR. QUALLS PAGE 17

A. ---IN VARIOUS FORMS, MACINTOSH FORMAT---

Q. THAT'S FINE.

A. ---AND DIFFERENT, YOU KNOW, EXCEL, AND LOTUS

FORMS.

DISKETTE NUMBER EIGHT IS A MACINTOSH

DISKETTE, AND THIS IS ONE WHICH HAS COPIES WHICH

ARE PROBABLY REPEATED ON OTHER DISKETTES BUT ARE

FOR FILE TRANSFER FROM MACINTOSH TO PC.

Q. OKAY.

A. SO, THIS IS A MIXED FORMAT DISK. THIS WOULD APPLY

TO ITEMS NUMBER 6(e) AND 6(h)(1).

EXHIBIT NUMBER NINE, THIS WOULD PRETTY MUCH

APPLY TO ITEM NUMBER (h)(1) SPECIFICALLY, AND THIS

CONTAINS DATA ON THE REDUCTION OXIDATION

POTENTIAL. IT'S MACINTOSH FORMATTED.

ITEM NUMBER TEN, MACINTOSH FORMAT. THIS

CONTAINS VARIOUS INTERMEDIATE DATA FILES APPLYING

TO NUMBER 6(e) AND (h).

Q. DR. QUALLS, LET ME ASK YOU, WHEN WE LOOK AT THESE

FILES, WILL IT BE APPARENT, FROM LOOKING AT THE

FILE, THE AREA AND THE TIME FRAME THAT THE DATA IS

INTENDED TO---

A. YEAH. EACH ONE OF THESE FILES IS GOING TO HAVE A

DATE ASSOCIATED WITH IT WHEN YOU LOOK AT IT ON

DR. QUALLS PAGE 18

THE -- FROM THE DIRECTORY.

Q. THAT'S FINE. THANK YOU.

A. THE ACTUAL NAME OF THE PARTICULAR FILE, SINCE IN

THE DOS FORMAT, IT'S LIMITED TO EIGHT CHARACTERS,

IT'S A LITTLE BIT CRYPTIC. ON THE MACINTOSH

FILES, WE CAN USE A LONGER FILE NAME SO THEY'RE A

LITTLE BIT MORE DESCRIPTIVE, THEY MIGHT ACTUALLY

SAY WATER CHEMISTRY OR REDOX GRAPH OR SOMETHING

LIKE THAT.

Q. RIGHT.

A. OKAY. EXHIBIT NUMBER ELEVEN, MACINTOSH FORMAT,

AND THIS CONTAINS GRAPHS IN CRICKET GRAPH

FORMAT FOR ITEMS NUMBER (e) AND (h)(1), AND THIS

WAS USED IN PREPARATION OF THE CURRENT ANNUAL

REPORTS.

Q. THE '92?

A. THAT'S RIGHT, 1992. ITEM NUMBER TWELVE, MACINTOSH

FORMAT, ALSO CONTAINS CRICKET GRAPHS USED IN

PREPARATION FOR THE ANNUAL REPORT, 1992, BOTH

APPLYING TO ITEM 6(e) AND 6(h)(1).

EXHIBIT NUMBER THIRTEEN---

Q. LET ME JUST ASK YOU SOMETHING, (h)(1) IS YOUR

EARLY WORK IN THE EVERGLADES, IS THAT ACCURATE,

THE '89, '90 WORK? WHEN WE GO TO 6(h)(1), WE'RE

DR. QUALLS PAGE 19

ONLY TALKING ABOUT '89, '90 WORK. IS THAT

ACCURATE?

A. NO. IT GOES INTO 1991.

Q. ALL RIGHT.

A. YEAH, THESE ALL LOOK LIKE THEY'RE -- THEY'RE

BASICALLY THE TITLES OF VARIOUS REPORTS---

Q. THAT'S RIGHT.

A. ---AND THINGS LIKE THAT. AND I'M REFERRING MORE

AS A GROUPING OF SUBJECT MATTER---

Q. ALL RIGHT.

A. ---BECAUSE SOME OF THESE THINGS HAVE BEEN UPDATED

MORE RECENTLY.

Q. OKAY.

A. FOR EXAMPLE, THIS, PHASE ONE: A PRELIMINARY

ASSESSMENT OF BLAH, BLAH, BLAH -- WE WOULD BE

NOW CALLING THAT GRADIENT STUDIES IN OUR 1992

REPORT.

Q. OKAY. THAT'S WHAT I NEEDED TO KNOW, IF WE WERE

TALKING ABOUT A VERY LIMITED TIME FRAME OR MORE

EXPANDED TIME FRAME AT PRESENT.

A. AND ITEM NUMBER 6(e), "AN ANALYSIS OF PHOSPHORUS

STORAGE IN THE EVERGLADES," THAT REFERS TO JUST

THE TITLE OF A PARTICULAR ORAL TALK. AND I THINK

THE CORRESPONDING TITLE IN CHAPTER -- IN THE 1992

DR. QUALLS PAGE 20

REPORT WOULD BE THE PHOSPHORUS FRACTIONATION -- I

DON'T REMEMBER WHAT THAT CHAPTER NUMBER IS.

Q. YOU'VE GOT SIX, EIGHT, AND NINE YOU CONTRIBUTED TO

IN THE RECENT REPORT, AND THEY ALL START OUT

GRADIENT STUDY. AND I DON'T KNOW WHAT THEY SAY

AFTER THAT, I'D HAVE TO LOOK AND SEE, BUT WE CAN

FIND IT.

A. YEAH. ITEM NUMBER 6(e) THEN WOULD APPLY TO

CHAPTER 8---

Q. OH.

A. ---IN THE 1992 REPORT.

Q. THANK YOU.

A. OKAY. EXHIBIT NUMBER THIRTEEN, MACINTOSH FORMAT.

THIS CONTAINS REDUCTION OXIDATION POTENTIALS IN

AN INTENSIVE STUDY DONE IN APRIL, 1991, COMPARING

ADJACENT CATTAIL AND SAWGRASS STANDS. IT'S SOME

DETAILED REDOX PROFILES BY DEPTH. AND THIS IS

REPORTED IN THE ANNUAL REPORT FOR 1992.

ITEM NUMBER FOURTEEN, MACINTOSH FORMAT, AND

THIS IS DATA USED IN PREPARATION FOR THE 1992

ANNUAL REPORT, AND IT'S ENTITLED "NEVERGLADES."

Q. I NOTICED THAT.

A. AND IT ALSO APPLIES BOTH TO 6(e) AND 6(h)(1).

Q. WHAT WAS THE MEANING OF NEVERGLADES?

DR. QUALLS PAGE 21

A. WELL, IT'S BASICALLY BECAUSE AFTER YOU'VE ALREADY

USED EVERGLADES, AND YOU WANT TO NOT WRITE OVER

A PREVIOUS FILE, YOU BEGIN USING OTHER --

NEVERGLADES.

Q. OKAY.

A. NEVER-1, NEVER-2. OKAY, FOR -- THE FOLLOWING WILL

ALL BE IN IBM FORMAT, OR DOS FORMAT ACTUALLY.

AND THIS WILL BE ITEM NUMBER SIXTEEN OR

EXHIBIT NUMBER SIXTEEN, DOS FORMAT. THIS CONTAINS

WATER CHEMISTRY BACKUP FILES PERTAINING TO ITEM

NUMBER 6(h)(1).

Q. WHERE DID NUMBER FIFTEEN GO?

A. YEAH, YOU KNOW, ITS---

Q. DID I LOSE NUMBER FIFTEEN?

A. OKAY. THIS IS NUMBER FIFTEEN RIGHT HERE.

Q. NUMBER FOURTEEN -- IS THIS NUMBER FOURTEEN?

A. NUMBER FOURTEEN?

Q. HERE'S NUMBER FOURTEEN, I JUST MADE MY NOTES

WRONG.

MR. KILLINGER: NUMBER FOURTEEN WAS

NEVERGLADES, RIGHT?

MS. PONZOLI: YES. NUMBER FOURTEEN

WAS NEVERGLADES.

WITNESS: NUMBER FIFTEEN WAS THE ONE---

DR. QUALLS PAGE 22

MR. KILLINGER: WAS THE ONE YOU JUST

TOLD US ABOUT?

MS. PONZOLI: WATER CHEMISTRY.

MR. KILLINGER: OKAY.

WITNESS: NUMBER FIFTEEN, WATER

CHEMISTRY, ITEM NUMBER 6(h)(1).

MS. PONZOLI: THANK YOU.

A. OKAY. ITEM OR EXHIBIT NUMBER SIXTEEN, DOS FORMAT.

THIS CONTAINS MORE REDUCTION OXIDATION POTENTIAL

PROFILES.

Q. IS THIS IN ADDITION TO THE WATER CHEMISTRY FOR

6(h)(1)? THIS IS SIXTEEN?

A. SIXTEEN. WHAT WAS THE QUESTION, NOW?

Q. I HAD WRITTEN EXHIBIT SIXTEEN, DOS, WATER

CHEMISTRY 6(h)(1). WAS I WRONG?

A. THAT WAS FIFTEEN, AND MAYBE I SAID THE WRONG

NUMBER.

Q. ALL RIGHT. SO, FIFTEEN WAS THE DOS WATER

CHEMISTRY 6(h)(1). SEVENTEEN IS---

A. OKAY. NOW, SIXTEEN IS REDUCTION OXIDATION

POTENTIAL PROFILES. THAT WOULD APPLY TO ITEM

NUMBER 6(h)(1), MOSTLY.

Q. THANK YOU.

A. WHETHER EXACTLY YOU CALL REDUCTION OXIDATION

DR. QUALLS PAGE 23

POTENTIAL, WATER CHEMISTRY OR SOIL CHEMISTRY IS

DEBATABLE. BUT IT WENT INTO THAT CHAPTER WHATEVER

IT IS.

Q. OKAY.

A. ITEM NUMBER -- EXHIBIT NUMBER SEVENTEEN, DOS

FORMAT, THESE ARE FINAL DATA FILES USED IN

PREPARATION FOR THE 1992 ANNUAL REPORT. THEY

WOULD APPLY BOTH TO -- BUT, I THINK THOSE WOULD BE

PRETTY MUCH ALL ITEM 6(h)(1).

OKAY. EXHIBIT NUMBER EIGHTEEN, DOS FORMAT.

THESE ARE ALL GRAPHS IN BM FORMAT FOR CHAPTER 6 IN

THE 1992 ANNUAL REPORT, WHICH WOULD HAVE TO DO

WITH ITEM NUMBER 6(h)(1).

EXHIBIT NUMBER NINETEEN, DOS FORMAT. THIS

APPLIES TO THE ITEM NUMBER 6(h)(1). AND, I

BELIEVE THAT THIS MIGHT BE THE DATA FOR MAJOR IONS

AS OPPOSED TO MINOR OR NUTRIENT IONS.

EXHIBIT NUMBER TWENTY, DOS FORMAT. THIS

CONTAINS VARIOUS DATA FILES PERTAINING BOTH TO

6(e) AND 6(h)(1) AND MAYBE EVEN SOME OTHER THINGS

THROWN IN THERE.

ITEM NUMBER TWENTY-ONE, DOS FORMAT. THIS

CONTAINS SOME EARLIER INCARNATIONS OF VARIOUS DATA

FILES, MAINLY PERTAINING TO ITEM 6(h)(1). IT'S

DR. QUALLS PAGE 24

POSSIBLE THAT THERE MIGHT BE SOMETHING PERTAINING

TO 6(e).

Q. THANK YOU.

A. EXHIBIT NUMBER TWENTY, DOS FORMAT.

Q. NUMBER TWENTY-TWO?

A. OH, I'M SORRY, TWENTY-TWO, RIGHT. DOS FORMAT.

THIS IS MAINLY PERTAINING TO ITEM NUMBER 6(h)(1),

IN OTHER WORDS, WATER CHEMISTRY DATA. THIS

CONTAINS DATA ON MAJOR IONS, ANIONS AND CATIONS.

ALSO VARIOUS LETTERS AND PROBABLY SOME EXTRANEOUS

MATERIAL THAT DOESN'T REALLY APPLY TO THE

DEPOSITION, YOU KNOW, VARIOUS LETTERS AND REVIEWS

AND THINGS.

NOW, ITEM NUMBER TWENTY-THREE, I THINK THE

ONLY THING THAT THIS CONTAINS RELEVANT TO THIS

IS ONE COPY OF A DRAFT OF A PAPER PERTAINING TO

6(e).

Q. THIS IS A PAPER FOR PUBLICATION, DR. QUALLS?

A. RIGHT, UH-HUH (YES).

Q. IS IT IN PRESS?

A. NO, IT'S IN REVIEW.

Q. OKAY. ARE THERE REVIEWS THAT YOU HAVE BACK FROM

IT?

A. YEAH. IN FACT, THAT'S ALL IN THIS BOX RIGHT HERE.

DR. QUALLS PAGE 25

Q. WHAT'S THE NAME OF THAT PAPER?

A. LET'S SEE WHAT THE LATEST NAME IS. IT'S HAD A

COUPLE OF DIFFERENT NAMES ON VARIOUS VERSIONS.

"FORMS OF SOIL PHOSPHORUS ALONG THE NUTRIENT

ENRICHMENT GRADIENT IN THE NORTHERN EVERGLADES."

Q. THANK YOU.

A. OKAY. EXHIBIT NUMBER TWENTY-FOUR, THIS IS DOS

FORMATTED, AND IT CONTAINS SOME FILES RELEVANT TO

BOTH PROBABLY 6(e) AND 6(h). IT'S POSSIBLE THERE

MIGHT NOT BE ANYTHING RELATED TO 6(e). IT'S MOSTLY

6(h). AND PROBABLY SOME EXTRANEOUS DATA FILES

WHICH ARE NOT REALLY CALLED FOR IN THE SUBPOENA.

ITEM NUMBER -- OR EXHIBIT NUMBER TWENTY-FIVE,

DOS FORMAT. THIS CONTAINS ADDITIONAL BACKUP

SAFETY DATA FILES FOR ITEM NUMBER 6(h), THE WATER

CHEMISTRY. AND THIS WOULD APPLY TO CHAPTER 6 IN

THE ANNUAL REPORT FOR 1992.

ITEM NUMBER TWENTY-SIX, DOS FORMAT. THIS

CONTAINS BROMIDE TRACER DATA, WHICH DOESN'T REALLY

APPLY TO ITEMS NUMBER 6(e) OR 6(h)(1). THIS

APPLIES TO THE CURRENT DOSING STUDY.

Q. DO YOU HAVE BROMIDE TRACER DATA FOR THE FERTILIZER

STUDY?

A. NO, NO.

DR. QUALLS PAGE 26

Q. YOU DON'T HAVE IT?

A. RIGHT, I WOULDN'T HAVE THAT. NO. NOW, THIS HAS,

I THINK THAT THIS MIGHT BE POSSIBLY CLASSIFIED

UNDER 6(b).

Q. ALL RIGHT. WHEN WAS THIS DONE, DO YOU KNOW?

A. WHEN?

Q. RIGHT. THE TRACER DONE?

A. WHEN. THIS IS JUST RECENTLY. I'D SAY AUGUST.

Q. OKAY.

A. AND---

Q. ARE YOU DOING IT AGAIN, DR. QUALLS?

A. OH YEAH, YEAH. WE DO THIS AS A MATTER OF COURSE

ON THE DOSING STUDY.

Q. HOW OFTEN?

A. OH, FOR THE BROMIDE TRACER DATA?

Q. RIGHT, UH-HUH (YES).

A. WE WILL BE ACTUALLY -- PROBABLY DOING THIS

CONTINUOUSLY.

Q. OH, YOU MEAN, AT REGULAR INTERVALS, IT WILL BE

DONE THROUGHOUT THE DOSING STUDY?

A. RIGHT, YEAH.

Q. ALL RIGHT.

A. YEAH. ACTUALLY, WHAT WE'RE USING HERE IS USING A

CONSERVATIVE TRACER. AND BY MEASURING THE RATIO

DR. QUALLS PAGE 27

OF BROMIDE CONCENTRATION TO PHOSPHORUS

CONCENTRATION AS A FUNCTION OF DISTANCE DOWN THE

CHANNEL, WE CAN TRACK THE UPTAKE OF PHOSPHORUS AND

SEPARATE THAT FROM THE DILUTION AND DISPERSION AND

THEN WE FIT THAT INTO A DISPERSION MODEL.

Q. YOU CAN SEPARATE IT FROM THE WHAT AND WHAT?

A. WE CAN SEPARATE THE UPTAKE OF THE PHOSPHORUS --

UPTAKE AND ADSORPTION, FROM THE DILUTION AND

DISPERSION OF THE WATER JUST DUE TO PHYSICAL

FACTORS.

Q. OKAY. AND HOW OFTEN IS THAT DATA COLLECTED?

A. OH, ONCE A WEEK.

Q. OKAY. OKAY. SO, EVEN---

A. SO, WE PLANNED TO COLLECT IT ONCE A WEEK. WE HAD

A, YOU KNOW, INTERRUPTION BECAUSE THE HURRICANE

WIPED IT OUT, SO---

Q. I'M AWARE OF THE INTERRUPTION.

A. ---SO IT WAS BEING COLLECTED ONCE A WEEK UNTIL THE

HURRICANE.

Q. OKAY. SO, WHEN YOU RETURN TO YOUR DEPOSITION A

COUPLE OF WEEKS FROM NOW, THERE WILL ACTUALLY BE

EVEN MORE BROMIDE DATA?

A. I'M NOT SURE. WE'RE TRYING TO GET THAT UNDERWAY

RIGHT NOW.

DR. QUALLS PAGE 28

Q. OKAY. WELL, ASSUMING THAT THE PROJECT IS UNDERWAY

AND IT'S ACTUALLY GOING FORWARD?

A. ACTUALLY, WE HAD TO DELAY THIS BECAUSE WE HAD TO

DO THIS.

Q. SORRY.

A. BUT -- YEAH. ANYWAY, SO, I'M NOT EXACTLY SURE

MAYBE -- MAYBE YOU CAN TELL ME -- YOU'RE FAMILIAR

WITH THE DOSING STUDY---

Q. RIGHT.

A. ---I IMAGINE. WHICH ITEM WOULD THAT APPLY TO

HERE, BECAUSE THESE ARE REALLY ORIENTED TOWARDS

TITLES OF VARIOUS TALKS AND THINGS. AND I'M NOT

ENTIRELY SURE WHICH ONE WE SHOULD ASSIGN THE

DOSING STUDY TO.

Q. ACTUALLY, I HAVE A COUPLE OF GENERIC CATEGORIES

IN HERE AND YOU COULD PUT IT UNDER CATEGORY,

PARAGRAPH NUMBER 4, YOU COULD PROBABLY PUT IT

UNDER 5, YOU COULD PUT IT UNDER NUMBER 7. IT'S

NOT THAT IMPORTANT. I APPRECIATE YOUR IDENTIFYING

THEM IN THIS WAY. BUT IF IT CAN'T BE, IT'S NOT

CRITICAL. I UNDERSTAND WHAT YOU'RE TALKING ABOUT,

I UNDERSTAND THE DOSING STUDY, AND I HAVE SOME

CONCEPT OF BROMIDE TRACERS.

A. OKAY. GOING ON TO EXHIBIT NUMBER TWENTY-SEVEN,

DR. QUALLS PAGE 29

DOS FORMAT. THIS CONTAINS WATER CHEMISTRY DATA

AND ASCII AND LOTUS FORMAT. PERTAINING TO

6(h)(1).

AND WE HAVE EXHIBIT NUMBER TWENTY-EIGHT.

THIS IS SIMPLY FOR A QUARTERLY REPORT UPDATES. WE

HAVE ANNUAL REPORTS, QUARTERLY REPORTS, MONTHLY

REPORTS.

Q. ARE YOU NOW DOING MONTHLY REPORTS SINCE SEPTEMBER?

A. YEAH -- WELL, NO, NO. I THINK WE SKIPPED IT FOR

SEPTEMBER SINCE WE DID AN ANNUAL REPORT AND A

QUARTERLY REPORT IN SEPTEMBER. I CAN'T EVEN

REMEMBER IF I DID A MONTHLY REPORT. I THINK WE

WERE ABLE TO SKIP THAT. SO, ANYWAY, THIS IS JUST

FOR MY PURPOSES AS I TYPE IT IN DOS, BUT THEN WE

PRINT IT OUT ON THE MACINTOSH. IT'S KIND OF A

TRANSFER THING, RIGHT HERE.

Q. OKAY.

A. GOING ON TO EXHIBIT NUMBER TWENTY-NINE, THIS IS

AGAIN WATER CHEMISTRY DATA, PERTAINING TO ITEM

NUMBER 6(h)(1). AND THIS IS PROBABLY REPEATED

AD NAUSEAM ON OTHER DISKETTES. BUT THIS IS SO

THAT I COULD WORK ON IT ON ANOTHER COMPUTER THAT

HAD THESE DISKETTES RIGHT HERE.

AND ITEM NUMBER -- OR EXHIBIT NUMBER THIRTY,

DR. QUALLS PAGE 30

DOS FORMAT. I THINK THE ONLY THING THAT THIS

CONTAINS PURSUANT TO THIS SUBPOENA IS A COPY OF

THE TEXT OF WHAT I WROTE FOR THE ANNUAL REPORT FOR

THE 1991 REPORT.

Q. OKAY. THOSE WERE FOUR CHAPTERS, 1, 2, 10, AND 11?

DO YOU RECALL?

A. YEAH, YEAH. THAT'S RIGHT.

Q. SO, ALL FOUR CHAPTERS WOULD APPEAR THERE, YOU

THINK?

A. IT MIGHT CONCEIVABLY BE ONLY THE 1 AND 2, BECAUSE

THOSE ARE THE MAIN SUBSTANTIVE ONES. I THINK 10

AND 11 WERE, I THINK, LIKE WORK IN PROGRESS. IT'S

POSSIBLE THAT IT MIGHT NOT HAVE SOME OF THAT ON

IT.

Q. OKAY. OKAY.

A. ITEM NUMBER THIRTY-TWO, DOS FORMAT. AND THIS IS A

360K DISKETTE, BY THE WAY. THIS CONTAINS VARIOUS

SAS PROGRAMS WHICH WERE USED FOR ANALYSIS OF WATER

CHEMISTRY DATA, PERTAINING TO ITEMS 6(h)(1) FOR

THE 1991 ANNUAL REPORT.

Q. DID WE SKIP NUMBER THIRTY-ONE; WAS IT ON THE

BOTTOM?

A. THIRTY-ONE.

Q. THIS ONE'S THIRTY, YOU DID THIRTY.

DR. QUALLS PAGE 31

A. OKAY, WE'VE GOT TWENTY-NINE AND THIRTY. OH, YES,

SORRY. THIS IS THIRTY-ONE, RIGHT.

Q. OKAY.

A. OKAY. EXHIBIT NUMBER THIRTY-ONE IS DISSOLVED

ORGANIC CARBON DATA FOR A STUDY WHICH IS NOT EVEN

CALLED FOR IN THE SUBPOENA.

Q. IS IT RELATED TO THE EVERGLADES?

A. YES, IT'S RELATED TO THE EVERGLADES.

Q. OKAY. AND WHAT IS THAT?

A. THIS HAS TO DO WITH THE MINERALIZATION STUDY.

Q. IS THIS A NEW STUDY THAT'S -- THAT'S NOT IN THE

ANNUAL REPORT?

A. NO. IT'S IN THE ANNUAL REPORT.

Q. OKAY.

A. I THINK IT'S CHAPTER 9, I THINK.

Q. OKAY. HOW DO YOU SPELL THAT WORD?

A. OH, MINERALIZATION?

Q. NO. ARBEGI -- OR WHAT WAS IT? THE FIRST ONE --

CARBON THE WORD BEFORE CARBON?

A. OH, DISSOLVED ORGANIC CARBON.

Q. I DON'T THINK SO. THAT'S ALL RIGHT. THE RECORD

WILL HAVE IT.

A. OKAY. AND THEN EXHIBIT NUMBER THIRTY-TWO

CONTAINS SAS PROGRAMS WHICH WERE USED TO ANALYZE

DR. QUALLS PAGE 32

SOME OF THE WATER CHEMISTRY DATA, AND FOR THE

1991 TIME PERIOD, AND THAT WOULD BE ITEM NUMBER

6(h)(1).

Q. OKAY. DOES THAT FINISH ALL OF YOUR ACTIVE DISKS?

A. YEAH. THAT'S ALL THE ACTIVE DISKS.

Q. OKAY.

A. AND SOME OF THESE ARE REALLY PRETTY MUCH INACTIVE,

BUT, YOU KNOW, I JUST KEPT THEM, SO AS TO HAVE

SOME KIND OF RECORD OF EVERYTHING.

Q. JUST SO WE ARE CLEAR ON THE RECORD, DR. QUALLS,

YOU HAVE PRODUCED A VERY LARGE NUMBER OF OTHER

DISKS THAT YOU HAVE LABELED BY BOXES. I WOULD

LIKE YOU TO READ INTO THE RECORD WHAT THESE

VARIOUS BOXES ARE. MY UNDERSTANDING -- WELL, LET

ME ASK YOU, IS ALL -- THERE ARE 1, 2, 3, 4, 5, 6,

7, 8, 9 BOXES OF DISKS---

A. UH-HUH (YES).

Q. ---IN THIS ONE BOX THAT YOU HAVE PRODUCED. WHAT

IS ALL OF THIS DISK DATA?

A. OKAY. THESE ARE ALL THE STORAGE DATA THAT'S

ACTUALLY PUT OUT BY THE TECHNICON TRAACS

AUTOANALYZER.

Q. ALL RIGHT.

A. AND IT'S ALL FROM BACKING UP THE HARD DISKS

DR. QUALLS PAGE 33

PERIODICALLY, BECAUSE THE AUTOANALYZER SAVES

EVERYTHING, THREE DIFFERENT FILES FOR EVERYTHING,

AND SO YOU HAVE TO BACKUP THE HARD DISK EVERY ONCE

IN A WHILE. SO, ALL THIS IS USED -- STORED IN

CONDENSED FORMAT SIMPLY AS A HARD DISK BACKUP.

AND IT CONTAINS MIXED DATA ARRANGED IN

CHRONOLOGICAL ORDER, RATHER THAN BY SUBJECT

MATTER. AND IT WOULD BE A MIXTURE OF VARIOUS

SUBJECT MATTERS COVERED UNDER THE SUBPOENA ITEM

NUMBER 6 PROBABLY (a) THROUGH (h).

Q. OKAY. AND IS ALL OF THIS DATA REFLECTED IN A MORE

REFINED OR A MORE INTERMEDIATE FORM AMONG THE

DISKS THAT YOU ARE PROVIDING AND THE HARD COPY

THAT YOU'RE ALSO PROVIDING?

A. YES, YES. YEAH. IF MAYBE WE COULD APPLY NUMBERS

TO KIND---

Q. RIGHT.

A. ---OF THE VARIOUS STAGES OF DATA.

Q. SURE.

A. WE WOULD CALL THIS THE VERY FIRST STAGE.

Q. OKAY.

A. THE SECOND STAGE WOULD BE TAKING PARTS OF THESE

FILES OUT INTO LOTUS DATA SHEETS OR MACINTOSH

EXCEL DATA SHEETS. A THIRD STAGE MIGHT BE

DR. QUALLS PAGE 34

CORRECTING THOSE FOR VARIOUS BLANK DATA OR FOR,

IN CASES WHERE THE MACHINE APPLIED AN INCORRECT

STANDARD CURVE, WE WOULD REPROCESS THAT THROUGH A

REGRESSION PROGRAM. AND THAT MIGHT BE CALLED A

THIRD STAGE.

Q. OKAY.

A. AND THEN A FOURTH STAGE MIGHT BE WHEN YOU ACTUALLY

ARE DOING STATISTICS ON THIS DATA. SO, THIS WOULD

ALL BE THAT FIRST STAGE.

Q. AND WHAT WE HAVE IS STARTING PROBABLY IN ABOUT THE

FOURTH STAGE -- IS THAT ACCURATE -- AMONG THE

DISKS THAT YOU'VE IDENTIFIED AND PROVIDED?

A. AMONG THESE DISKS, I WOULD SAY THAT MOST OF THESE

WOULD BE THAT THIRD AND FOURTH STAGE.

Q. OKAY. ALL RIGHT. I THINK THAT WE ARE GOING TO

FOREGO TAKING THE BOXES OF DISKS, AND THAT WE WILL

WORK WITH YOUR THIRD AND FOURTH STAGE DATA. THANK

YOU, THOUGH, FOR PROVIDING THEM---

A. YEAH.

Q. ---I APPRECIATE THAT.

A. YEAH.

MS. PONZOLI: I THINK WE WANT TO GO

OFF-THE-RECORD AND SEND THESE DISKS OUT TO

BE DUPLICATED AT THIS TIME.

DR. QUALLS PAGE 35

MR. BURGESS: BEFORE WE DO, I'D LIKE TO

MAKE TWO COMMENTS FOR THE RECORD. THE FIRST

IS THAT I HOPE AND EXPECT THAT ALL PARTIES

ARE GOING TO ACCOMMODATE REASONABLE REQUESTS

FOR DOCUMENTS AND DATA IN ADVANCE OF

DEPOSITIONS, SIMILAR TO THE LEEWAY PROVIDED

HERE TO THE UNITED STATES WITH RESPECT TO

DOCUMENT PRODUCTION, DEPOSITIONS, AND LIKE

HAS BEEN DONE WITH RESPECT TO DR. RADER AND

DR. CRAFT AND DR. QUALLS.

SECONDLY, THE DISTRICT HAS FILED A

MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS

WHICH THEY TERM THE RICHARDSON DOCUMENTS,

DOCUMENTS WHICH THE DISTRICT DESIRED BE

PRODUCED PURSUANT TO CROSS NOTICE OF

DEPOSITION OF CURTIS RICHARDSON, WHICH WAS

ORIGINALLY SET FOR NOVEMBER 12TH AND 13TH,

BUT IS IN THE PROCESS OF BEING RESET FOR, I

BELIEVE, THE WEEK OF JANUARY 11TH. I HAVE

INFORMED THE DISTRICT BY LETTER, ALMOST TWO

WEEKS AGO, ADDRESSED TO COUNSEL, PAUL

MIDDLETON, AND IN FILINGS WITH THE HEARING

OFFICER, INCLUDING OUR FORMAL RESPONSE TO

MOTION TO COMPEL AND FORMAL OBJECTIONS TO THE

DR. QUALLS PAGE 36

CROSS NOTICE OF THE TAKING OF THE DEPOSITION

OF CURTIS RICHARDSON, THAT THE VAST, VAST

MAJORITY OF THE DOCUMENTS THE DISTRICT SOUGHT

FROM CURTIS RICHARDSON AND THE DUKE WETLANDS

CENTER, BY WAY OF THEIR OVERBROAD CROSS

NOTICE INCLUDING, BUT NOT LIMITED TO, THE

DOCUMENTS OF CO-RESEARCHERS AND OTHERS WHO --

QUOTE, UNQUOTE -- "WERE ASSOCIATED OR

ASSISTED DR. RICHARDSON" -- CLOSE QUOTE --

WERE, IN FACT, BEING PRODUCED BY THOSE VERY

RESEARCHERS PURSUANT TO SUBPOENA DUCES TECUM

ISSUED BY THE UNITED STATES TO DUKE

RESEARCHERS, ROBERT JOHNSON, RUSS RADER, LORI

SUTTER, JAN VYMAZAL, CHRIS KRAFT, AND JERRY

QUALLS. THE DEPOSITIONS AND DOCUMENT

PRODUCTIONS FROM THOSE SIX PEOPLE HAVE BEEN

ONGOING FOR OVER A WEEK NOW -- LAST WEEK IN

WEST PALM BEACH AND THIS WEEK IN DURHAM,

NORTH CAROLINA. DISTRICT COUNSEL HAS

APPARENTLY CHOSEN NOT TO ATTEND THESE

DEPOSITIONS. HOWEVER, MR. JAMES GRIMSHAW,

A DISTRICT EMPLOYEE AND TECHNICAL

REPRESENTATIVE, IS HERE TODAY AND HAS BEEN AT

SOME OF THESE DEPOSITIONS AND DOCUMENT

DR. QUALLS PAGE 37

PRODUCTIONS DURING THE LAST WEEK. I DON'T

KNOW WHAT ARRANGEMENTS DISTRICT COUNSEL OR

MR. GRIMSHAW HAVE MADE WITH THEIR

CO-RESPONDENTS, THE UNITED STATES, OR WITH

ANY COPYING SERVICE. MR. GRIMSHAW IS

OBVIOUSLY TECHNICALLY COMPETENT TO MAKE

DETERMINATIONS REGARDING THE SELECTION OF

DOCUMENTS FOR COPYING. THE DISTRICT HAS HAD

THE OPPORTUNITY DURING THESE DEPOSITIONS AND

DOCUMENT PRODUCTIONS TO HAVE THESE DOCUMENTS

COPIED. I SPECIFICALLY PUT THEM ON NOTICE

WITH MY CORRESPONDENCE, AND I WOULD LIKE TO

STATE FOR THE RECORD THAT THE DOCUMENTS,

INCLUDING DISKS, HARD COPIES, RAW DATA, MEAN

DATA AND ALL OTHER DOCUMENTS AS DEFINED BY

THE DISTRICT'S CROSS NOTICE, IN THE

POSSESSION OF THESE CO-RESEARCHERS AND

LABORATORY PERSONNEL OF THE DUKE WETLANDS

CENTER WILL NOT BE PRODUCED AGAIN BY CURTIS

RICHARDSON IN RESPONSE TO ANY CROSS NOTICE,

WHETHER THE PENDING ONE OR A SUBSEQUENT ONE

ISSUED BY THE DISTRICT OR ANYONE ELSE TO

CURTIS RICHARDSON, AND ANY ATTEMPT TO SECURE

THOSE DOCUMENTS THAT WAY WILL BE CONSIDERED

DR. QUALLS PAGE 38

BURDENSOME, DUPLICATIVE, AND HARASSING.

THANK YOU.

MS. PONZOLI: WELL, MR. BURGESS, I DON'T

INTEND TO ADDRESS YOUR DISCOVERY DISPUTE WITH

THE WATER MANAGEMENT DISTRICT, BECAUSE I

REALLY AM NOT PART OF THAT DISPUTE.

MR. BURGESS: WELL, I UNDERSTAND. THAT

WAS FOR THE RECORD.

MS. PONZOLI: I UNDERSTAND.

MR. BURGESS: WE'VE BEEN ALL LABORING

HERE OVER THE LAST WEEK WITH BOXES AND BOXES

OF DOCUMENTS, AND I DON'T THINK THAT IT'S

APPROPRIATE THAT THEY BE PRODUCED AGAIN.

MS. PONZOLI: I UNDERSTAND YOUR

POSITION. I WOULD LIKE TO SAY, HOWEVER, IN

REGARD TO THE UNITED STATES, ON COOPERATION

AND PRODUCTION OF DOCUMENTS, I THINK THAT WE

HAVE FOR -- AND IN AT LEAST THE UNITED STATES

VIEW -- FOR YEARS PRODUCED ENORMOUS VOLUMES

OF DOCUMENTS. AND, IN FACT, IN A, QUITE

FRANKLY, BONE-CRUSHING EFFORT, WE HAVE

PRODUCED THEM A SECOND TIME IN THIS

ADMINISTRATIVE PROCEEDING, SO, THERE WOULD

BE NO DELAY IN GOING FORWARD. SO, I THINK

DR. QUALLS PAGE 39

WE ARE FAIRLY COMFORTABLE IN STANDING ON

THAT RECORD AND WE WILL CONTINUE TO

COOPERATE.

MR. BURGESS: I UNDERSTAND AND MY

COMMENTS ARE REALLY MORE REFLECTED TO RUSS

RADER AND DR. RICHARDSON, WHO WILL BE --

THROUGH THE DOCUMENT PRODUCTIONS OF THESE

CO-RESEARCHERS, HAVE BEEN PROVIDING DOCUMENTS

IN ADVANCE OF THE SUBSTANTIVE QUESTIONING BY

THE UNITED STATES. AND IF THAT IS INDEED

SETTING A PATTERN FOR PRODUCTION, AT LEAST ON

OUR SIDE, WITH RESPECT TO EXPERT WITNESS'

DOCUMENTS, I WOULD HOPE, AND EXPECT THAT ALL

PARTIES WOULD FOLLOW SUIT IN THE FUTURE.

MS. PONZOLI: I'M WILLING TO CONTINUE

WORKING WITH YOU ON THESE ISSUES. CAN WE GO

OFF THE RECORD, NOW?

MR. BURGESS: YES.

(THEREUPON, THERE WAS AN

OFF-THE-RECORD DISCUSSION

WHICH WAS NOT REPORTED

BY THE COURT REPORTER.)

MS. PONZOLI: ARE YOU READY TO GO BACK

ON THE RECORD.

DR. QUALLS PAGE 40

Q. (BY MS. PONZOLI) DR. QUALLS, I WOULD LIKE TO -- I

DON'T KNOW IF I ASKED THIS BEFORE OR NOT, BUT LET

ME JUST MAKE SURE IT IS ON THE RECORD -- I THINK I

DID ASK IT. THERE ARE PAPER PRINTOUTS OF ALL OF

YOUR DISKETTE FILES---

A. THAT'S RIGHT.

Q. ---IN AT LEAST ONE FORM, MAYBE TWO OR THREE

FORMS---

A. YEAH.

Q. ---THAT WE'LL BE PRODUCING THE REST OF THE DAY?

A. YEAH, THAT'S RIGHT.

Q. ALL RIGHT, THAT WAS MY UNDERSTANDING, BUT I JUST

WANTED TO MAKE SURE THE RECORD REFLECTED THAT.

ALL RIGHT, I WOULD LIKE TO BEGIN IDENTIFYING THE

DOCUMENTS IN THIS SECOND BOX, DR. QUALLS. THE

FIRST THREE COMPOSITE EXHIBITS ARE GROUPINGS OF

SLIDES, AND I WOULD LIKE YOU JUST TO PLEASE

IDENTIFY INTO THE RECORD THE NUMBER AND THEN TELL

US APPROXIMATELY WHAT YOU BELIEVE THE SLIDES

REFLECT, PLEASE.

A. OKAY. EXHIBIT NUMBER THIRTY-THREE APPLIES TO ITEM

NUMBER 6(e) IN THE SUBPOENA.

EXHIBIT NUMBER THIRTY-FOUR ARE ALSO SLIDES.

THESE ARE OLD OR EXTRA COPIES OF SLIDES WHICH

DR. QUALLS PAGE 41

ARE PROBABLY REPLICATED IN ONE OF THESE OTHER

BOXES. AND THEY APPLY TO ITEM NUMBER 6(e) AND

6(h)(1).

EXHIBIT NUMBER THIRTY-FIVE ARE SLIDES WHICH

DON'T REALLY APPLY TO ANY OF THE THINGS

SPECIFICALLY LISTED IN THE ITEM NUMBER 6, AS FAR

AS I CAN SEE.

Q. THEY'RE JUST MISCELLANEOUS SLIDES OF YOUR WORK?

A. YES.

Q. IT SAYS MINERALIZATION.

A. MINERALIZATION, RIGHT.

Q. ALL RIGHT. WHILE WE WERE OFF THE RECORD,

DR. QUALLS, YOU INDICATED THAT THERE ARE, IN FACT,

SOME SLIDES THAT YOU HAD NOT THOUGHT THE UNITED

STATES WAS INTERESTED IN SEEING, AND WE'VE AGREED

THAT WHEN YOU RETURN FOR YOUR SUBSTANTIVE

DEPOSITION, YOU'LL BRING THOSE ALONG AT THAT TIME

AND WE'LL LOOK AT THEM; AND IF BY CHANCE WE WOULD

LIKE A COPY, THAT YOU WOULD NOT OBJECT TO OUR

OBTAINING A COPY FOLLOWING THAT DEPOSITION. IS

THAT CORRECT?

A. RIGHT, YES.

Q. OKAY.

A. AND I JUST WANT TO SAY, THESE ARE SLIDES OF THINGS

DR. QUALLS PAGE 42

LIKE ALLIGATORS NEAR THE SITE AND OF VARIOUS

RESEARCHERS IN EMBARRASSING POSITIONS, WHO ARE

COVERED WITH MUD.

Q. YOUR DEPOSITION MAY NEED SOME LEVITY, SO WE WOULD

APPRECIATE YOUR BRINGING THEM.

A. OKAY.

Q. I WANT TO HAND YOU COMPOSITE EXHIBIT THIRTY-SIX,

THIRTY-SEVEN AND THIRTY-EIGHT, WHICH I BELIEVE ARE

ALL DOSING STUDY FOLDERS AND ASK YOU TO IDENTIFY

BY NUMBER, AND THE DOCUMENTS THAT APPEAR WITHIN

THOSE FOLDERS?

A. OKAY. EXHIBITS NUMBER THIRTY-SIX, THIRTY-SEVEN

AND THIRTY-EIGHT ARE ALL DATA, METHODS, AND

DIAGRAMS PERTAINING TO THE SO-CALLED DOSING STUDY.

Q. OKAY.

A. AND, I'M NOT EXACTLY SURE WHICH ONE THAT WOULD BE

CATEGORIZED UNDER ITEM 6 HERE.

Q. OKAY. THEY DON'T NEED TO BE JUST UNDER 6, BECAUSE

WE HAVE 4, WHICH SAID ALL DOCUMENTS RELATING TO

RESEARCH, AND 7 ALL DATA---

A. YEAH, THE BLANKET ONE.

Q. ---COLLECTED AS RESEARCH. SO, YOU KNOW, YOU DON'T

NEED TO WORRY AS MUCH ABOUT CATEGORIZING IT---

A. RIGHT.

DR. QUALLS PAGE 43

Q. ---SO LONG AS WE KNOW.

A. YEAH.

Q. I'M ACTUALLY THE MOST INTERESTED IN KNOWING WHAT

YOU ARE TELLING ME, WHICH IS THAT IT'S RELATED TO

THE DOSING STUDY---

A. YEAH.

Q. ---OR IT'S RELATED TO THE FERTILIZATION STUDY---

A. SURE.

Q. ---OR SOMETHING LIKE THAT.

A. SURE.

Q. OKAY. THESE DATA -- ARE THESE DATA TAKEN IN '92?

A. YEAH. THERE ACTUALLY ARE PROBABLY A FEW

OBSERVATIONS TAKEN IN 1991, WHICH ARE BASICALLY

BASELINE WATER CHEMISTRY DATA TO ESTABLISH THE

PHOSPHORUS CONCENTRATIONS AT THE SITE OVER THE

ENTIRE PERIOD OF TIME WHEN WE WERE BUILDING IT.

MOST OF IT, THOUGH, IS FROM 1992.

Q. ALL RIGHT. LET ME JUST ASK YOU THIS QUESTION,

BECAUSE I DON'T -- SOMEHOW -- FOR SOME REASON, I'M

UNCLEAR. WHOSE PRIMARY PROJECT IS THE DOSING

STUDY?

A. WELL, I THINK SOMEWHERE IN HERE WE'VE ACTUALLY GOT

A LETTER WHICH SPELLS ALL THAT OUT. OF COURSE,

THE PRIMARY RESPONSIBILITY, YOU KNOW, CURT IS

DR. QUALLS PAGE 44

GENERAL DIRECTOR OF THE PROJECT, HAS THE PRIMARY

RESPONSIBILITY. AND, YOU KNOW, I'VE KIND OF BEEN

GIVEN SECONDARY OVERALL SCIENTIFIC RESPONSIBILITY

FOR THE DOSING STUDY PROJECT---

Q. OKAY.

A. ---BUT IT'S REALLY A -- YOU KNOW, IT'S A

COOPERATIVE EFFORT, REALLY, ON EQUAL TERMS AMONG

ALL THE INVESTIGATORS WHICH WOULD INCLUDE CURT,

MYSELF, JAN VYMAZAL, AND RUSS RADER.

Q. AND DR. CRAFT?

A. NO, CHRIS IS NOT REALLY ASSOCIATED WITH THE DOSING

STUDY, PER SE.

Q. ALL RIGHT. OKAY. THEN IS DR. RADER GOING TO DO

THE MACROPHYTE AND PERIPHYTON WORK?

A. DR. RADER AND JAN VYMAZAL.

Q. OKAY. BUT DR. VYMAZAL IS LEAVING SHORTLY, RIGHT?

A. YEAH. THAT'S RIGHT. BUT HE'S BEEN WORKING WITH

IT AND, YOU KNOW, HE MAY BE ABLE TO RETURN. AND

IT'S REALLY STILL A COOPERATIVE PROJECT BETWEEN

THE TWO OF THEM, THE PERIPHYTON WORK, PERIPHYTON

IDENTIFICATION.

Q. OKAY.

A. I'M DOING A LITTLE BIT OF RESEARCH WITH THE

PERIPHYTON, TOO, IN TERMS OF OTHER ASPECTS OF, FOR

DR. QUALLS PAGE 45

INSTANCE, SOME ENZYME ACTIVITY AND DECOMPOSITION.

AND THAT'S ALL IN THE FUTURE.

Q. IS THIS WORK IN PROGRESS, OR IS IT WORK THAT'S NOT

EVEN REFLECTED IN PROGRESS?

A. IT'S NOT EVEN REFLECTED. THIS IS IN THE FUTURE.

Q. OKAY. DO YOU KNOW WHEN YOU WILL BEGIN THAT WORK?

A. OH, THE WORK IN PARTICULAR WITH SOME OF THE

PERIPHYTON AND MACROPHYTES AND THINGS LIKE THAT?

Q. YES, SIR.

A. PROBABLY WITHIN TWO OR THREE MONTHS.

Q. WILL IT BE AT THE DOSING STUDY SITE?

A. YEAH, IT'LL BE AT THE DOSING STUDY SITE, RIGHT.

Q. IS THERE ANY DOCUMENTATION THAT REFLECTS THAT WORK

THAT'S TO BEGIN?

A. YEAH, I BELIEVE THERE IS AN OUTLINE FROM A MEETING

WE HAD WHERE WE BASICALLY ALL GOT TOGETHER AND

OUTLINED KIND OF VARIOUS CHUNKS OF THE DOSING --

THE VARIOUS SUBJECT MATTER THAT WE'RE GOING TO BE

COVERING AT THE DOSING STUDY SITE.

Q. AND WHO WOULD BE RESPONSIBLE FOR WHAT?

A. RIGHT. YES. UH-HUH (YES).

Q. IS THAT DOCUMENT AMONG YOUR DOCUMENTS?

A. IT -- YEAH, IT'S IN HERE SOMEWHERE. IT WOULD TAKE

ME A COUPLE OF---

DR. QUALLS PAGE 46

Q. COULD YOU FLAG IT FOR US, PLEASE?

(THEREUPON, WITNESS HANDS

MS. PONZOLI A DOCUMENT.)

Q. OKAY.

A. THAT ONE IS NOT ACTUALLY FILLED OUT COMPLETELY. I

NEVER REALLY -- WE JUST KIND OF DISCUSSED THIS,

AND IT HAS -- I JUST KIND OF FILLED IN WHERE MY

NAME APPLIED ON THAT.

Q. ALL RIGHT.

A. AND I'M NOT -- I DON'T REALLY HAVE A COPY WHICH

HAS ANYBODY ELSE'S NAME ON THAT.

Q. OKAY. I WOULD LIKE TO MAKE THIS -- WHAT IS THE

COMPOSITE EXHIBIT ON THE FRONT OF THAT, I'M GOING

TO MAKE THIS AN "A" EXHIBIT.

A. OH, THAT'S EXHIBIT NUMBER THIRTY-SEVEN.

MS. PONZOLI: LET'S MAKE THIS

THIRTY-SEVEN "A".

(THEREUPON, THE DOCUMENT REFERRED

TO BELOW WAS MARKED AS DEPOSITION

EXHIBIT NO. 37A - ROBERT G. QUALLS

DEPOSITION - FOR IDENTIFICATION.)

Q. (BY MS. PONZOLI) ALL RIGHT. YOU'VE INDICATED

THAT YOU WILL BE COLLECTING PHOSPHATASE, ANION,

A-N-I-O-N, RESINS.

DR. QUALLS PAGE 47

A. OH, YEAH, ANION RESINS, YEAH---

Q. OKAY. AND---

A. ---THAT'S ANOTHER ASSAY FOR AVAILABLE PHOSPHORUS

WITHIN SOILS AND SEDIMENT.

Q. OKAY. AND THEN WHAT KIND OF BAGS ARE THOSE THAT'S

ABBREVIATED?

A. OH, DECOMPOSITION.

Q. I'M SORRY, I SHOULD HAVE KNOWN THAT. ALL RIGHT.

AND THEN SOILS, YOU'LL BE RESPONSIBLE FOR?

A. RIGHT. UH-HUH (YES).

Q. ARE THERE ANY MORE ITEMS THAT YOU'LL BE COLLECTING

DATA ON, OTHER THAN THE ONES YOU'VE INDICATED

THERE?

A. I THINK THIS PRETTY MUCH