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 COVERS IT. YOU KNOW, I -- WHICHEVER -- WHOEVER ONE OF US IS DOWN THERE AND AT THE SITE, YOU KNOW, HELPS OUT ON ALL THE ASPECTS, SO THAT WE ALL DON'T HAVE TO BE DOWN THERE AND GOING OUT, DOING OUR INDIVIDUAL THINGS, YOU KNOW. SO, I WILL OCCASIONALLY BE HELPING TO BUILD THE SITES OR DOING VARIOUS THINGS. Q. SO, WHAT YOU'RE SAYING IS, IS THAT YOU-ALL HELP EACH OTHER COLLECT YOUR DATA? A. THAT'S RIGHT, YEAH. Q. BUT THEN ONE INVESTIGATOR--- DR. QUALLS PAGE 48 A. ONE--- Q. ---IS THE PRINCIPAL PERSON TO INTERPRET THE DATA--- A. RIGHT. YEAH. YES. Q. ---AND WORK WITH THAT DATA? A. RIGHT. Q. CAN YOU TELL ME WHAT ASPECTS OF THAT DR. CRAFT WILL BE DOING? A. SO FAR AS I KNOW, DR. CRAFT IS NOT GOING TO BE RESPONSIBLE--- Q. DOING OF THIS? A. ---FOR ANY OF THE DOSING STUDY. Q. OKAY. DR. RADER? A. YEAH, HE'S MAINLY RESPONSIBLE OR THE ALGAE AND PERIPHYTON PART OF THE PROJECT, AND WE MAY -- AND MAYBE ALSO SOME OF THE WORK ON DECOMPOSITION. Q. OKAY. OTHER THAN DR. RICHARDSON'S OVERALL SUPERVISION, WILL THERE BE UNIQUE PORTIONS OF IT THAT HE WOULD BE IN THE SAME ROLE AS DR. RADER IS, AND YOU ARE? A. I CAN'T REALLY COMMENT ON THAT RIGHT NOW. IT'S NOT ENTIRELY DEFINED IN THAT WAY. Q. ARE YOU DOING THIS PROJECT BY COMMITTEE LARGELY? DR. QUALLS PAGE 49 A. YEAH, REALLY, PRETTY MUCH, YEAH. Q. ALL RIGHT. LET ME ASK YOU THIS, WHAT TYPE OF ENZYME DATA DO YOU BELIEVE THAT YOU'LL BE COLLECTING? A. OH, PHOSPHATASE ENZYME. Q. IS THAT PRETTY MUCH IT? A. YEAH. I'M THINKING ABOUT POSSIBLY DOING SOME OTHER WORK WITH SOME VARIOUS ENZYMES WHICH ARE RELATED TO THE PROCESS OF HUMIFICATION, IN THE PRODUCTION OF SECONDARY ORGANIC MATTER FROM THAT PRODUCED BY PLANTS, WHICH IS REALLY A RESEARCH INTEREST OF MINE, WHICH IS NOT, YOU KNOW, A PRIMARY THRUST OF--- Q. OF THE DOSING STUDY ITSELF? A. RIGHT. YEAH. YEAH. Q. OKAY. A. SOMEWHAT PERIPHERAL, REALLY. Q. YOU DON'T THINK IT HAS RELATIONSHIP TO THE OVERALL GOALS OF THAT PARTICULAR PROJECT? A. RIGHT. YEAH. Q. OKAY. DO YOU MIND SHARING WHAT THEY ARE? A. YEAH. THIS HAS MORE TO DO WITH THE QUESTION OF -- OBVIOUSLY, THE EVERGLADES ARE COMPLETELY DOMINATED BY ORGANIC MATTER, THE SOIL IS MAINLY ORGANIC DR. QUALLS PAGE 50 MATTER. THE WATER IS VERY DARKLY COLORED, HAS EXTREMELY HIGH CONCENTRATIONS OF DISSOLVED HUMIC MATERIAL, AND I THINK IT'S AN IMPORTANT ASPECT AND ONE THAT SOIL SCIENTISTS AND WATER CHEMISTS ARE STILL STRUGGLING WITH. AND, YOU KNOW, IT'S A DIFFICULT PROBLEM. YOU KNOW, I THINK IT'S -- IT'S AN IMPORTANT ONE, PARTICULARLY IN THE EVERGLADES BECAUSE IT'S TOTALLY DOMINATED BY THIS PARTIALLY HUMIFIED MATERIAL, BOTH IN THE SOIL AND THE WATER. BUT AS FAR AS THE MAIN POINT OF THE DOSING STUDY PROJECT, IN THAT IT'S ADDRESSING -- TRYING TO FIND OUT AT WHAT CONCENTRATION OF PHOSPHORUS DO WE BEGIN TO SEE SIGNIFICANT CHANGES IN THE PLANT AND ANIMAL COMMUNITIES, IT'S ONLY PERIPHERALLY RELATED TO THAT. Q. AND YOU WILL BE COLLECTING DATA AT THAT PROJECT LOOKING FOR A SINGLE NUMBER? A. OH, A SINGLE NUMBER -- I'M NOT SURE THAT WE CAN -- WHETHER WE, IN THE END, WE CAN DEFINE WHAT CONSTITUTES A CHANGE -- A SIGNIFICANT CHANGE IN THE PLANT AND ANIMAL COMMUNITY AS A SINGLE NUMBER, I'M NOT QUITE SURE. I THINK WE'LL HAVE TO LOOK AT THE DATA AT THE END, BECAUSE, FIRST OF ALL, WE HAVE TO DEFINE WHAT IS -- WHAT DO WE DEFINE AS A DR. QUALLS PAGE 51 SIGNIFICANT CHANGE. I THINK IT'S POSSIBLE WE MIGHT SEE A CONTINUUM OF CHANGE WITH ALL THESE DIFFERENT CONCENTRATIONS OF PHOSPHORUS. AND THERE MAY BE SOME SORT OF DECISION WE HAVE TO MAKE AS TO WHERE WE DRAW THE LINE AS TO WHAT CONSTITUTES A SIGNIFICANT CHANGE. Q. OKAY. A. YOU KNOW, I THINK OUR ROLE IN THAT WILL BE TO DEFINE WHAT THE CHANGES ARE IN THE COMMUNITIES, AND POSSIBLY LEAVE IT UP TO OTHER PEOPLE TO INTERPRET WHAT THEY FEEL IS A SIGNIFICANT -- WHERE THEY DRAW THE LINE FOR SAYING THAT THIS IS EUTROPHIC AND THIS IS CHARACTERISTIC OF THE NATURAL EVERGLADES COMMUNITY. YOU KNOW, WE CAN--- Q. DO YOU BELIEVE THAT THAT--- A. ---WE CAN PUT OUT THE FACTS AND LET OTHER PEOPLE INTERPRET--- Q. DO YOU BELIEVE THAT--- A. ---THE VALUE JUDGMENTS. Q. ---THAT DATA COLLECTION TOWARD THAT GOAL IS A SCIENTIFIC ISSUE OR A POLICY ISSUE? A. OH, I THINK IT'S A SCIENTIFIC ISSUE. Q. WHAT IS THE NATURAL EVERGLADES? A. YEAH, WHAT IS THE NATURAL -- WELL -- YEAH, I THINK DR. QUALLS PAGE 52 WE CAN DEFINE THAT AS A SCIENTIFIC ISSUE AS TO WHAT IS A NATURAL EVERGLADES COMMUNITY--- Q. OKAY. AND WHAT--- A. ---BUT I THINK WE SHOULD ALSO POINT OUT THAT THAT'S A MORE COMPLEX QUESTION THAN WE MIGHT THINK RIGHT AT FIRST, BECAUSE WE HAVE TO CONSIDER THAT WE DON'T HAVE REALLY GOOD DATA FROM ANY PARTICULAR PERIOD WHEN THE EVERGLADES WAS TRULY A NATURAL COMMUNITY. ALL WE HAVE IS SOME SPOTTY DATA FROM HISTORICAL ACCOUNTS, WHICH ACTUALLY HAVE PROVED KIND OF VALUABLE. BUT SINCE THEY BEGAN DRAINAGE OF THE EVERGLADES VERY EARLY WHEN NOT A LOT OF PEOPLE WERE DOING WORK DOWN THERE, IT'S A LITTLE BIT DIFFICULT TO DETERMINE WHAT WAS THE HISTORICAL AND NATURAL EVERGLADES COMMUNITY. Q. OKAY. WHAT TYPE OF DATA WILL YOU BE COLLECTING ON CHANGES? WHAT TYPE OF CHANGES ARE YOU LOOKING FOR AT THE DOSING STUDY? A. OH, IN THE DOSING STUDY? Q. RIGHT. A. WE'LL BE LOOKING AT HOW THE ALGAL PERIPHYTON COMMUNITY CHANGES. AND I WOULD SAY THAT'S REALLY THE PRIMARY THRUST OF THIS STUDY, THE ALGAL PERIPHYTON COMMUNITY AND THE CHANGES IN THE DR. QUALLS PAGE 53 COMMUNITY OF MACROPHYTES. BECAUSE I BELIEVE THAT THAT'S ONE OF THE ISSUES THAT PEOPLE HAVE POINTED OUT IN TERMS OF THE HEALTH OF THE SLOUGH COMMUNITY. THAT'S ONE OF THE WAYS THAT IT'S BEEN DEFINED, PARTICULARLY BY THE EVERGLADES NATIONAL PARK RESEARCHERS. Q. OKAY. A. AND, YOU KNOW, I THINK THAT SECONDARILY TO THAT WE'LL BE LOOKING AT CHANGES IN THE FUNCTION OF THE COMMUNITIES, WHICH WOULD INCLUDE SOME OF THESE VARIOUS OTHER ASPECTS OF NUTRIENT CYCLING WHICH ARE LISTED HERE IN TERMS OF METHODS, REALLY, ANION RESINS, PLANT BIOASSAY, WHAT IS THE NUTRIENT INPUT TO THE SITE IN RAINFALL--- Q. IS THAT WHERE YOUR DATA COLLECTION--- A. ---WHAT ARE THE CHANGES--- Q. ---WILL FOCUS--- A. YEAH, UH-HUH (YES). Q. ---THESE FUNCTIONS OF THE COMMUNITY? A. YEAH, RIGHT. AND THE NUTRIENT CYCLING FUNCTIONS--- Q. AND THEN DOCTOR--- A. ---IN THE SOILS, DETERMINING HOW FAST THIS PHOSPHORUS DIFFUSES INTO THE SOIL, AND TO WHAT DR. QUALLS PAGE 54 DEPTHS WE BEGIN TO SEE THE PHOSPHORUS TAKING WHAT FORMS OVER TIME. Q. AND THEN DR. RADER WILL BE RESPONSIBLE FOR THE MACROPHYTES AND THE PERIPHYTON, EXCEPT FOR THE CHEMICAL CHANGES IN THE PERIPHYTON WHICH YOU'LL BE LOOKING AT? A. YEAH, YEAH. I THINK HE AND JAN VYMAZAL WILL BE JOINTLY RESPONSIBLE FOR THAT--- Q. JUST SO I--- A. ---MAINLY RESPONSIBLE FOR THAT. Q. JUST SO I'M CLEAR, YOU UNDERSTAND DR. VYMAZAL TO HAVE A CONTINUING PARTICIPATION IN THE DOSING STUDY, DR. QUALLS? A. YES. WELL--- Q. DO YOU KNOW? A. ---WE HOPE SO. LET'S PUT IT THAT WAY. Q. OKAY. THAT'S A MATTER THAT IS NOT FINALIZED--- A. RIGHT. Q. ---IS THAT WHAT YOU'RE TELLING ME? A. YES. UH-HUH (YES). Q. OKAY. I THINK I SUFFERED UNDER SOME MISAPPREHENSION, THAT HE WAS OUT OF THE PICTURE AND GONE, FROM HIS DEPOSITION. A. WELL, YEAH -- WELL, HE IS GONE, BUT, YOU KNOW--- DR. QUALLS PAGE 55 Q. BUT YOU'RE HOPING HE'LL RETURN? A. RIGHT, YEAH. AND HE HAS BEEN COLLECTING A LOT OF THE INITIAL BASELINE DATA. SO, YOU KNOW, IT WOULD BE WRONG TO SAY, YOU KNOW, HE'S OUT OF THE PICTURE NOW. Q. RIGHT. WHAT DO YOU BELIEVE THE DURATION OF THIS DOSING STUDY WILL BE? A. OH -- WELL, WE WOULD HOPE TO CONTINUE IT AS LONG AS POSSIBLE, AND I WOULD SAY WE WOULD REALLY WANT TO LOOK AT THE CHANGES OVER A MINIMUM OF TWO YEARS IN ORDER TO REALLY EVEN HOPE TO REPRESENT ANY SORT OF LONG-TERM CHANGES. Q. OKAY. DO YOU WANT A RETURN -- ON NUMBER THIRTY-SEVEN "A," IS THERE ANY OTHER BASIC CATEGORY THAT WE DIDN'T ACCOUNT FOR THAT SOMEONE WILL HAVE PARTICULAR RESPONSIBILITY IN THAT DOSING STUDY PROJECT? A. I THINK THAT MOST OF THESE CATEGORIES ARE BROAD ENOUGH AND GENERAL ENOUGH SO THAT THEY WOULD INCLUDE PRETTY MUCH ALL THE POSSIBLE CATEGORIES, REALLY. Q. OKAY. A. I THINK THAT WENT IN THIS FOLDER, THIRTY-SEVEN. YEAH. DR. QUALLS PAGE 56 Q. LET ME ASK YOU THIS, THE DATA COLLECTION IN THE DOSING STUDY, IS THAT GOING TO BE SIMILAR TO A GRADIENT STUDY DOWN EACH CHANNEL? A. WELL, I WOULDN'T COMPARE IT DIRECTLY TO THE GRADIENT STUDY THAT WE HAD DONE IN WATER CONSERVATION AREA 2A, EXCEPT IN THE FACT THAT EACH CHANNEL, YOU MIGHT SAY THAT THAT WOULD REPRESENT MAYBE ONE POINT ON A GRADIENT, JUST IN THE SENSE THAT WE WILL HAVE A CONTROL CHANNEL, WHERE NO PHOSPHORUS IS BEING ADDED. YOU MIGHT SAY THAT THAT MIGHT BE ANALOGOUS TO THE BACKGROUND AREAS ALONG OUR GRADIENT STUDY. AND THAT THE AREA RECEIVING THE HIGHEST CONCENTRATION OF PHOSPHORUS WOULD HOPEFULLY BE ANALOGOUS TO THE MORE ENRICHED AREAS CLOSER TO THE HILLSBORO CANAL, FOR EXAMPLE. Q. YOU HAD INDICATED TWO YEARS TO COLLECT DATA AT THE DOSING STUDY TO SEE LONG-TERM CHANGES. A. UH-HUH (YES). Q. WHAT TYPE OF LONG-TERM CHANGES ARE YOU LOOKING FOR? A. WELL, WE'RE LOOKING FOR -- I GUESS, NUMBER ONE, WHAT ARE THE CHANGES IN THE ALGAL PERIPHYTON COMMUNITY, AND WHAT IS ITS STRUCTURE. MORE DR. QUALLS PAGE 57 SPECIFICALLY, DOES IT MAINTAIN THE FORM OF THE CLASSICAL EVERGLADES PERIPHYTON MAT, OR DOES IT FALL TO THE BOTTOM AND BECOME A MORE DISORGANIZED ALGAL COMMUNITY. AND, SECONDLY, WHAT ARE GOING TO BE THE CHANGES IN SPECIES COMPOSITION AND DENSITY OF MACROPHYTES. Q. WILL YOU BE LOOKING AT COMMUNITIES OF MACROPHYTES ALSO? A. YES, UH-HUH (YES). Q. AND THEN THE DATA COLLECTION, I THINK DR. VYMAZAL HAD INDICATED, ON PERIPHYTON WOULD NOT ONLY BE ABSENCE OR PRESENCE, BUT YOU WOULD LOOK AT BIOVOLUME AND--- A. RIGHT. UH-HUH (YES). Q. OKAY. ANY OTHER CHANGES THAT YOU'D BE LOOKING FOR? A. YEAH. AND THEN WE'LL BE LOOKING AT WHAT CONCENTRATION, OR IN WHICH CHANNELS DO WE BEGIN TO SEE THE PHOSPHATASE ENZYMES BEING TURNED OFF, HOPING THAT THAT GIVES US AN IDEA OF WHEN THE ALGAE, AND THE MACROPHYTES, AND THE BACTERIA -- ALL OF WHOM CAN EXUDE THIS PHOSPHATASE ENZYME -- WHEN DO THEY FEEL LIKE THERE'S ENOUGH ORTHOPHOSPHATE IN THEIR IMMEDIATE ENVIRONMENT THAT DR. QUALLS PAGE 58 THEY DO NOT NEED TO PUT OUT PHOSPHATASE ENZYME TO CLEAVE ORGANIC PHOSPHORUS. Q. SOUNDS FAMILIAR. ANYTHING ELSE? A. AND I BELIEVE WE'LL ALSO BE -- ONE OF THE PRIMARY REASONS WE STARTED THIS WAS, I THINK IT'S THAT THE PHOSPHATASE ENZYME ASSAY WAS PROPOSED AS A POSSIBLE FLORIDA WATER QUALITY STANDARD, I BELIEVE, ALTHOUGH I THINK THAT'S STILL UP IN THE AIR, BUT IT WAS, YOU KNOW, JUST TO KIND OF--- Q. AS A BIOINDICATOR, OR--- A. YEAH, AS A BIOINDICATOR. Q. RIGHT. OKAY. A. AND WE FELT LIKE THAT WE SHOULD TRY TO, IN THIS STUDY, COVER EVERYTHING WHICH ANYBODY MIGHT BE THINKING OF AS POSSIBLY USING AS A WATER QUALITY STANDARD. Q. SO, IT'S YOUR HOPE TO -- DO YOU BELIEVE THAT IT WILL BE GOOD DATA, OR YOU'RE GOING TO DETERMINE WHETHER YOU THINK IT'S APPROPRIATE DATA? A. RIGHT. YEAH, YEAH. PART OF WHAT WE'LL BE TRYING TO DETERMINE IS WHETHER WE THINK THAT IT IS APPROPRIATE DATA, BECAUSE WE'LL BE HAVING MORE DIRECT MEASURES JUST IN TERMS OF CHANGES IN THE ALGAL COMMUNITY AND SPECIES COMPOSITION. AND DR. QUALLS PAGE 59 MAYBE WE CAN GET SOME IDEA OF WHETHER WE THINK THAT IT DOES INDICATE ANYTHING. Q. OKAY. WHEN DO YOU BELIEVE THAT DATA COLLECTION, AS FAR AS IT BEING UP AND RUNNING, WILL ACTUALLY BEGIN? A. OH, IT'S HARD TO SAY BECAUSE WE'VE BEEN DELAYED BY -- WHOEVER HAS THEIR HAND ON THE WATER LEVEL DOWN THERE HAS JUST BASICALLY DETERMINED WHETHER I LIVE IN DURHAM OR FLORIDA. YOU KNOW, IT'S PRETTY MUCH CONTROLLED MY LIFE. (THEREUPON, THERE WAS AN OFF-THE-RECORD DISCUSSION WHICH WAS NOT REPORTED BY THE COURT REPORTER.) Q. (BY MS. PONZOLI) I UNDERSTAND THEY'VE HAD A GREAT DEAL OF IT OVER THE LAST SEVERAL DAYS, SO YOU MAY BE HEADING DOWN THERE IF YOU'RE LOOKING FOR WATER. A. A GREAT DEAL OF RAIN? Q. YES. IN MIAMI, THEY'VE HAD SEVERAL MONTHS WORTH IN THE LAST FEW DAYS. MR. KILLINGER: OH, DON'T TELL ME THAT. A. OUR PROBLEM WAS, OF COURSE, THAT, YOU KNOW, THE HURRICANE DESTROYED OUR POWER SYSTEM. DR. QUALLS PAGE 60 Q. RIGHT. A. AND WE WERE LUCKY THAT IT DIDN'T DESTROY MUCH ELSE. AND -- BUT THEN OUR PROBLEM WAS THAT THE WATER LEVELS WERE MAINTAINED WAY, WAY OVER WHERE WE HAD BEEN LED TO BELIEVE THAT THEY WOULD EVER BE MAINTAINED. AND THERE'S BEEN SOME KIND OF DISCREPANCY IN THE WATER LEVELS AT A PARTICULAR GAUGING STATION THAT THEY USE TO TELL IF THEY'RE MEETING THEIR SCHEDULE OR NOT, AND WHAT WE SEE AT OUR SITE. AND WE HAVE YET TO FIGURE OUT HOW THERE CAN BE THAT MUCH DISCREPANCY, AND HOW THE WATER LEVELS COULD BE MAINTAINED SO HIGH AND STILL BE KEPT ON SCHEDULE, BECAUSE THEY WERE A FOOT OVER WHAT WE HAD CALCULATED THAT THEY WOULD EVER BE. AND SO, WE WERE BASICALLY CLOSED OUT FOR -- UNTIL THE WATER LEVELS WENT DOWN, AND I WAS LED TO BELIEVE THAT THAT DECISION WAS BASED ON THAT ALL THE DEER WERE DROWNING. SO, I GUESS YOU GET HUNTERS WITH SHOTGUNS REVERSING THAT DECISION MAYBE. Q. YEAH, SO BETWEEN GOD AND THE WATER MANAGEMENT DISTRICT--- A. THAT'S RIGHT, YEAH. Q. ---YOU'RE NOT SURE WHERE YOU STAND? DR. QUALLS PAGE 61 A. RIGHT. YEAH. YEAH, THE WATER LEVELS HAVE COME DOWN NOW, AND WE WERE -- AND WE'RE HOPING TO START--- Q. OKAY. WHAT IS THAT GAUGE THAT--- A. ---THIS WEEK POSSIBLY. Q. ---WHAT IS THE GAUGE THAT YOU BELIEVE THERE'S THIS DISCREPANCY BETWEEN WHAT YOU THINK IS HAPPENING AND--- A. OH, I'M NOT SURE WHAT THE--- Q. ---THE NUMBER? A. ---THE NAME OF THE GAUGE IS, BUT IT'S--- Q. DO YOU KNOW WHERE IT'S LOCATED? A. MORE OR LESS. IF WE HAD A MAP, I COULD POINT TO THE APPROXIMATE POSITION. Q. I DON'T -- IS IT 217 GAUGE, DO YOU THINK, IN THE MIDDLE--- A. I'M NOT REALLY SURE. Q. ---IN THE MIDDLE OF 2A? A. YEAH, IT'S SOMEWHERE IN THE MIDDLE OF 2A. I'M NOT QUITE SURE BECAUSE WE'VE NEVER QUITE FIGURED OUT WHAT'S GOING ON THERE. IT JUST DOESN'T SEEM TO ALL ADD UP. Q. ALL RIGHT. COULD YOU IDENTIFY -- DID WE FINISH WITH THIRTY-EIGHT, DR. QUALLS? DR. QUALLS PAGE 62 A. THIRTY-EIGHT. YEAH. YEAH, BECAUSE REALLY THIRTY-SIX -- EXHIBIT NUMBER THIRTY-SIX, NUMBER THIRTY-SEVEN, THIRTY-EIGHT AND THIRTY-NINE -- OH, I'M SORRY, LEAVE OUT THIRTY-NINE. Q. THIRTY-NINE IS DIFFERENT, RIGHT? A. THIRTY-NINE IS DIFFERENT, YEAH. EXHIBITS THIRTY-SIX, THIRTY-SEVEN AND THIRTY-EIGHT ARE ALL ON THE DOSING STUDY. Q. OKAY. IS THERE ANYTHING ELSE THAT YOU NEEDED TO TELL US ABOUT THOSE PARTICULAR FOLDERS? A. I DON'T THINK SO. Q. OKAY. NUMBER THIRTY-NINE, CAN YOU IDENTIFY EXHIBIT NUMBER THIRTY-NINE FOR US? A. EXHIBIT NUMBER THIRTY-NINE IS OUTLINES OF VARIOUS TALKS AND ABSTRACTS. AND I CAN SEE A COUPLE OF PROBABLY EXTRANEOUS THINGS, WHICH ARE DIRECTORIES TO DISKETTES, WHICH MIGHT ACTUALLY HAVE TO DO WITH THE -- WHERE THE GRAPHS ARE FOR THESE VARIOUS THINGS. BUT -- AND -- LET'S SEE, HERE'S HOW MUCH I SPENT AT THE ESA MEETING. AND -- YEAH, JUST -- JUST VARIOUS THINGS RELATED TO VARIOUS TALKS AND VARIOUS MEETINGS. MS. PONZOLI: OKAY. LET'S GO OFF THE RECORD FOR JUST A SECOND. DR. QUALLS PAGE 63 (THEREUPON, THERE WAS AN OFF-THE-RECORD DISCUSSION WHICH WAS NOT REPORTED BY THE COURT REPORTER.) MS. PONZOLI: BACK ON THE RECORD. Q. (BY MS. PONZOLI) ALL RIGHT, I'M GOING TO HAND YOU, DR. QUALLS, WHAT I BELIEVE ARE LABELED "FIELD DATA," QUALLS EXHIBITS NUMBERS FORTY, FORTY-ONE AND FORTY-TWO, WHICH ARE ALL COMPOSITE EXHIBITS, AND ASK YOU TO IDENTIFY THOSE DOCUMENTS, PLEASE. A. EXHIBITS NUMBER FORTY, FORTY-ONE AND FORTY-TWO ARE, AS YOU SAID, ALL FIELD DATA, AND SOME OF THEM ARE IN THE FORM OF WATERPROOF DATA NOTEBOOKS, AND SOME OF THEM ARE IN SLIGHTLY LESS WATERPROOF FORMATS HERE. AND SOME OF THEM ARE PHOTOCOPIES OF THESE THINGS, BECAUSE WE WOULD ALWAYS PHOTOCOPY ALL THESE FIELD NOTES AS SOON AS POSSIBLE. AND I MIGHT ADD, ON HERE, THERE ARE DRAWINGS, COLORED DRAWINGS OF IRON RODS, WHICH WERE SOMETIMES FILLED IN, IN THE EVENING OF THE SAME DAY. WE MIGHT INDICATE THE COLOR OF THE IRON RODS HERE. AND THERE ARE ALSO A COUPLE OF LITTLE SHEETS WHICH ARE INVENTORIES OF THE CONDITION OF DR. QUALLS PAGE 64 THE SITE AT A PARTICULAR TIME. HERE'S A COPY OF OUR SITES. THIS IS--- MS. PONZOLI: LET'S MARK THAT AS AN "A" EXHIBIT. WITNESS: OKAY. A. ---THIS IS OUR LATITUDE AND LONGITUDE THAT WE USED ACCORDING TO THE LORAN-C SYSTEM THAT--- Q. WHAT NUMBER IS THAT FILE? A. THAT'S IN NUMBER FORTY. (THEREUPON, THE DOCUMENT REFERRED TO BELOW WAS MARKED AS DEPOSITION EXHIBIT NO. 40A - ROBERT G. QUALLS DEPOSITION - FOR IDENTIFICATION.) A. THAT'S OUR LORAN-C COORDINATES OF OUR PLOTS. ACCORDING TO THE HELICOPTER LORAN-C THAT, WHATEVER, THAT CRESCENT AIRWAYS USES. Q. DO YOU HAVE GPS INDICATIONS OR COORDINATES? A. NO, I DON'T HAVE GPS INDICATIONS IN HERE, BECAUSE WHAT WE ACTUALLY USED, DURING THE TIME OF THE GRADIENT STUDY, WAS LORAN-C TO ACTUALLY PHYSICALLY LOCATE THE PLOTS. SO, OF COURSE, THESE ARE NOT QUITE AS ACCURATE AS GPS--- Q. RIGHT. A. ---BUT, YOU KNOW, GENERALLY WE COULD GET WITHIN DR. QUALLS PAGE 65 FIFTY YARDS AND THEN CRUISE AROUND A LITTLE BIT AND FIND OUR MARKERS. Q. ARE YOU STILL COLLECTING DATA AT THE GRADIENT SITES? A. NO. Q. OKAY. WHEN DID YOU STOP COLLECTING DATA AT THE GRADIENT SITES? A. THE LAST FULL COLLECTION OF DATA WAS DONE IN APRIL 1991--- Q. OKAY. A. ---AT WHICH TIME THE GATES FROM THE HILLSBORO CANAL WERE OPEN. Q. AND THERE HAS BEEN NO DATA COLLECTION SINCE APRIL '91, AT THOSE SITES? A. LET'S SEE -- NO, ACTUALLY THERE HAS. I HAVEN'T COLLECTED ANY DATA, THOUGH. I HAVEN'T BEEN OUT ON ANY OF THOSE TRIPS. BUT I THINK SOMEBODY WENT BACK TO TRY TO RETRIEVE THE REDOX PROBES, WHICH WERE WORTH SEVERAL HUNDRED BUCKS. Q. WERE THEY SUCCESSFUL? A. NO. Q. THEY WERE GONE? A. NO, THEY WEREN'T GONE. WE HAD SOME MISCOMMUNICATION. NOBODY--- DR. QUALLS PAGE 66 DR. KADLEC: IT'S A LITTLE PLATINUM. WITNESS: YEAH. A. NOBODY -- NO, WE NEVER DID GET THEM BACK, THOUGH, BUT THEY'RE STILL OUT THERE. Q. OH, ALL RIGHT. A. YEAH, THEY'RE LITTLE TINY WIRES AND THEY'RE DIFFICULT ENOUGH TO FIND OUT THERE. Q. OKAY. ALL RIGHT. BUT FOR ALL PRETENSES AND PURPOSES, THERE'S BEEN NO DATA COLLECTION AT THOSE SITES--- A. I THINK--- Q. ---BY THE DUKE WETLANDS CENTER? HAS DR. RADER DONE WORK THERE SINCE THEN? A. YOU KNOW, HE DID SOME -- THE DISSOLVED OXYGEN STUDIES, AND -- NOW, I'M NOT SURE, AND I CAN'T REALLY SAY EXACTLY--- Q. THAT'S OKAY. THAT'S OKAY. A. ---WHERE -- WHICH SLOUGH HE DID THOSE DISSOLVED OXYGEN STUDIES IN. Q. THAT'S OKAY. YOU'VE DONE NONE SINCE THEN? A. RIGHT, YEAH. I HAVEN'T BEEN BACK. Q. OKAY. ALL RIGHT. YOU DID FORTY, FORTY-ONE, FORTY-TWO, BUT I THINK YOU -- ARE YOU STILL IN FORTY, EXPLAINING WHAT'S IN FORTY? DR. QUALLS PAGE 67 A. YEAH. REALLY, THOUGH, FORTY-ONE AND FORTY-TWO ARE JUST THE SAME TYPE OF DATA, BUT IT'S JUST SEGREGATED OUT INTO FEBRUARY 1991, AND APRIL FIELD DATA FROM 1991, JUST SEPARATED OUT. Q. OKAY. I HAND YOU QUALLS EXHIBIT NUMBER FORTY-THREE, DR. QUALLS, AND ASK YOU TO IDENTIFY THAT, PLEASE. A. THIS IS DATA ON THE REDUCTION OXIDATION POTENTIAL AT THE GRADIENT SITES IN WATER CONSERVATION AREA 2A. AND I BELIEVE THAT THIS IS DATA, WHICH IS IN A MORE SUMMARIZED FORMAT, TAKEN FROM THE RAW DATA SHEETS, TYPED INTO THE COMPUTER, AND PRINTED OUT. AND IT CONTAINS SOME STATISTICAL ANALYSIS OF THAT REDUCTION OXIDATION POTENTIAL DATA -- LIKE LOOKING AT THE MAXIMUM AND MINIMUM, AND THE STANDARD ERROR OVER TIME AND SOME STATISTICAL COMPARISONS. IT ALSO CONTAINS SOME DATA ON THE IRON RODS, WHICH WAS ANOTHER FORM OF REDUCTION OXIDATION DATA. IT INDICATES THE THRESHOLDS FOR A PARTICULAR OXIDATION REDUCTION POTENTIAL AT WHICH IRON RUSTS. Q. ANYTHING ELSE? A. I DON'T THINK SO. DR. QUALLS PAGE 68 Q. THE NEXT GROUP OF EXHIBITS, DR. QUALLS, ARE NUMBERS FORTY-FOUR AND FORTY-FIVE, AND I'LL LET YOU IDENTIFY THOSE, PLEASE. A. OKAY. IF I MIGHT JUST MAKE A NOTE ON THE PREVIOUS REDUCTION OXIDATION POTENTIAL DATA--- Q. ALL RIGHT. A. ---IS THAT WHAT YOU'LL SEE IN THE FINAL REPORT HAS GONE THROUGH ACTUALLY THREE TYPES OF CORRECTIONS. SO, AN INDIVIDUAL NUMBER THAT YOU WOULD SEE ON THE FIELD DATA ACTUALLY PERTAINS TO THE UNCORRECTED DATA, BECAUSE OF THE DIFFERENCE BETWEEN THE SILVER -- SILVER CHLORIDE REDUCTION OXIDATION POTENTIAL AND THE STANDARD HYDROGEN ELECTRODE. AND THIS IS A STANDARD CORRECTION THAT YOU DO. YOU ADD TWO HUNDRED AND FORTY-FOUR MILLIVOLTS TO WHAT YOU CAN ACTUALLY MEASURE. AND THEN YOU CORRECT THAT FOR 2pH 7.0, AND YOU ALSO APPLY A SLIGHT CORRECTION FOR TEMPERATURE, WHICH IS ACTUALLY INSIGNIFICANT IN THIS CASE. SO, IN OTHER WORDS, A PARTICULAR NUMBER THAT YOU WOULD SEE ON THE FIELD DATA SHEET HAS GONE THROUGH THOSE THREE CORRECTIONS. Q. SO, THERE MAY BE SOME DIFFERENCE BETWEEN THOSE NUMBERS--- DR. QUALLS PAGE 69 A. RIGHT. YEAH. Q. ---AND THE ONES WE SEE IN THE ANNUAL REPORT, FOR THE REASONS YOU'VE BEEN EXPLAINING? A. RIGHT, YEAH. RIGHT, YEAH--- Q. OKAY. A. ---AND THE CHIEF CORRECTION IS BY ADDING TWO HUNDRED AND FORTY-FOUR MILLIVOLTS. THAT WILL ESSENTIALLY -- IT'LL BE VERY CLOSE TO THAT, BECAUSE THE OTHER CORRECTIONS ARE VERY -- VERY SLIGHT, BECAUSE WE'RE FORTUNATE ENOUGH TO BE CLOSE ENOUGH TO pH 7 AND CLOSE TO TWENTY-FIVE DEGREES CENTIGRADE MOST OF THE TIME. Q. AND SO THOSE CORRECTIONS WILL BE REFLECTED IN THE REDOX FILE NUMBER FORTY-THREE -- WILL THOSE CORRECTIONS BE REFLECTED THERE, THOSE ITERATIONS THAT YOU WENT THROUGH--- A. YEAH. Q. ---IN THE DATA? A. YEAH. THAT WILL HAVE BOTH UNCORRECTED DATA AND DATA WHICH HAS BEEN CORRECTED FOR ALL THOSE THINGS. Q. OKAY. GOOD. A. OKAY. EXHIBIT NUMBER FORTY-FOUR AND FORTY-FIVE HAVE TO DO WITH THE NITROGEN MINERALIZATION STUDY. DR. QUALLS PAGE 70 EXHIBIT NUMBER FORTY-FOUR HAS MORE SUMMARIZED DATA AND ACTUALLY HAS A COUPLE OF PAPERS IN HERE WHICH I SIMPLY WANT TO KEEP IN THIS FILE, BUT ARE NOT MY DATA. Q. RIGHT. A. THIS IS ACTUALLY RICHARD TERRY'S PAPER, BUT I JUST LIKE TO KEEP IT IN THAT FILE. Q. BECAUSE IT PERTAINS TO THAT TOPIC? A. RIGHT, UH-HUH, BECAUSE I HAVE REFERRED TO IT. AND I--- Q. RIGHT. DOES IT HAVE METHODS THAT YOU USE? A. NO, THIS PARTICULAR PAPER DOESN'T. Q. OH, OKAY. A. I JUST LIKE TO KEEP IT IN THERE, BECAUSE IT'S -- I CAN FIND IT. Q. I DO THINGS LIKE THAT. A. AND THEN EXHIBIT NUMBER FORTY-FIVE HAS MORE TO DO WITH PROCEDURES AND A PROTOCOL FOR THE BI-WEEKLY LEACHING OF ALL THE NITROGEN MINERALIZATION THINGS. AND THIS HAS A COPY OF THE REFERENCE NUMBERS FOR THE NITROGEN MINERALIZATION STUDY WHICH WE USE. Q. THE NITROGEN MINERALIZATION STUDY, WHAT IS THE TIME FRAME ON THAT? DR. QUALLS PAGE 71 A. OH, THAT'S ALREADY BEEN COMPLETED, BUT NOT COMPLETELY ANALYZED. Q. OKAY. IT STARTED WHEN AND ENDED WHEN, EVEN THOUGH IT'S NOT COMPLETELY ANALYZED? A. LET'S SEE. IT -- I BELIEVE THAT IT STARTED IN -- WELL, I STARTED ACTUALLY WORKING ON IT AND ASSEMBLING THINGS IN DECEMBER 1990, AND THE ACTUAL INCUBATIONS BEGAN IN APRIL 1991, AND CONTINUED FOR SIX MONTHS--- Q. OKAY. A. ---AND I THINK THE FINAL HARVEST OF THE SAMPLES WAS LATE AUGUST OR EARLY SEPTEMBER IN 1991. AND THEN THERE WERE JUST MONTHS OF ANALYTICAL WORK AFTER THAT. Q. BUT THEN IT'S NEVER BEEN COMPLETED? A. RIGHT, YEAH. I STILL HAVE YET TO COMPLETELY ANALYZE ALL THE DATA. Q. IS THERE ANY PARTICULAR REASON? A. YEAH, BECAUSE THERE ARE JUST THOUSANDS AND THOUSANDS OF ANALYSES. AND, SECONDLY, BECAUSE THE KINETICS OF THE NITROGEN AND MINERALIZATION IN THESE PARTICULAR SAMPLES TURNED OUT TO BE MUCH MORE COMPLICATED THAN THE RELATIVELY SIMPLE KINETICS THAT YOU FIND IN AEROBIC SOILS IN THE DR. QUALLS PAGE 72 BASIC STUDY BY STAMFORD AND SMITH, WHO REALLY DEFINED WHAT'S NOW BECOME USED AS A STANDARD METHOD FOR DETERMINING LONG-TERM POTENTIALLY MINERALIZABLE NITROGEN IN SOILS. AND IT'S JUST NOT QUITE AS STRAIGHTFORWARD, AND IT'S GOING TO REQUIRE SOME OTHER TYPES OF KINETIC MODELS TO REALLY -- TO PUT IT IN THE -- GET THE MAXIMUM AMOUNT OF INFORMATION OUT OF IT. Q. DO YOU INTEND TO DO THIS TASK? A. YES, UH-HUH (YES). Q. DO YOU KNOW -- DO YOU HAVE A GOAL AS TO WHEN YOU HOPE TO HAVE IT COMPLETED? A. NO, I DON'T REALLY HAVE A PARTICULAR GOAL, BECAUSE I'M WORKING ON ABOUT FIVE OTHER PAPERS SIMULTANEOUSLY. Q. IS THIS JUST A PAPER THAT HAS TURNED OUT TO BE A MORE COMPLICATED TASK THAN IT WAS REALLY WORTH THE EFFORT, AND SO YOU'RE DOING OTHER THINGS THAT ARE -- YOU GET MORE RETURN FOR THE EFFORT, AND THERE'RE OTHER--- A. OH, NOT REALLY, BECAUSE -- IT'S JUST BECAUSE I KEEP GETTING ALL THESE THINGS THAT SUPPOSEDLY HAVE HIGHER PRIORITY -- LIKE THIS, FOR EXAMPLE. AND DEALING WITH THE DOSING STUDY HAS HIGHER DR. QUALLS PAGE 73 PRIORITY, YOU KNOW, JUST AS FAR AS MY TIME IS CONCERNED. Q. WILL THIS ANALYSIS GIVE US INFORMATION THAT WE NEED FOR THE EVERGLADES, IN YOUR BELIEF? A. YEAH, I WOULD SAY IT'S A LITTLE LESS APPLICABLE TO THIS PARTICULAR CASE THAN -- THAN, SAY, THE DOSING STUDY OR THE GRADIENT STUDY. IT'S SLIGHTLY LESS APPLICABLE. Q. OKAY. ANYTHING ELSE ON THOSE FILES? A. NO, I DON'T THINK SO. Q. ALL RIGHT. IF YOU EVER WANT TO TAKE A BREAK, DR. QUALLS, JUST LET US KNOW AND WE'LL STOP. A. OKAY. Q. WE HAVE A PRETTY GOOD NUMBER OF WHAT APPEAR TO BE IN THE GENERIC CATEGORY OF WATER CHEMISTRY, SO I'M GOING TO HAND YOU ALL OF THOSE AT ONE TIME. A. OKAY. Q. AND YOU BETTER TAKE IT. I'M AFRAID I'M GOING TO--- A. OKAY. I'VE GOT IT. (THEREUPON, THERE WAS AN OFF-THE-RECORD DISCUSSION WHICH WAS NOT REPORTED BY THE COURT REPORTER.) DR. QUALLS PAGE 74 Q. (BY MS. PONZOLI) OKAY. IF YOU WILL JUST READ THOSE NUMBERS INTO THE RECORD AS YOU DESCRIBE EACH FILE, DR. QUALLS--- A. OKAY. Q. ---THAT WILL BE GOOD. A. OKAY. EXHIBIT NUMBER FORTY-SIX IS DRAFTS OF THE 1992 ANNUAL REPORT, CHAPTER SIX, WHICH HAS TO DO WITH WATER CHEMISTRY. Q. OKAY. A. AND EXHIBIT NUMBER FORTY-SEVEN IS EXTRA COPIES OF FIGURES FOR THE WATER CHEMISTRY SECTION OF THE 1992 REPORT, AND THERE MAY BE SOME ODD THINGS WHICH ARE NOT NECESSARILY WATER CHEMISTRY IN THERE. Q. OKAY. A. BUT BASICALLY ONCE YOU'VE PRINTED OFF A GRAPH, I USUALLY TRY TO PRINT OFF MAYBE A COUPLE OF COPIES BECAUSE ONE OF THEM MIGHT GET MESSED UP FOR SOME REASON. NUMBER FORTY-EIGHT -- EXHIBIT NUMBER FORTY-EIGHT IS ALSO SOME DRAFT GRAPHS FOR THE WATER CHEMISTRY CHAPTER. IT ALSO CONTAINS SOME REDUCTION OXIDATION POTENTIAL DATA WHICH WAS PUT INTO A FORMAT WHERE IT WOULD BE EASY TO GRAPH AND DR. QUALLS PAGE 75 DO SOME STATISTICAL ANALYSES ON IT. AND THEN SOME OUTPUTS OF SOME STATISTICAL ANALYSES ON THE REDOX DATA. Q. OKAY. A. THIS LOOKS LIKE IT'S PRETTY MUCH ALL REDOX DATA, ACTUALLY. Q. OKAY. A. EXHIBIT NUMBER FORTY-NINE ARE ALSO DRAFT GRAPHS FOR THAT WATER CHEMISTRY REPORT. IT HAS SOME -- THERE ARE ALSO SOME EXCEL VERSIONS OF SOME DATA FOR WATER CHEMISTRY HERE. AND THAT'S JUST BECAUSE SOMETIMES WE HAVE TO TAKE IT THROUGH EXCEL TO GET IT INTO A FORMAT THAT WE CAN USE FOR THE CRICKET GRAPH PROGRAM ON THE MACINTOSH. Q. OKAY. A. SO, THERE ARE LOTS OF THINGS IN HERE WHERE WE'VE HAD TO GO THROUGH INTERMEDIATE PROGRAMS BECAUSE THE -- WE LIKE TO USE THE MACINTOSH PROGRAMS FOR GRAPHICS, AND IBM PROGRAMS FOR DATA, BECAUSE THE AUTOANALYZER PUTS EVERYTHING OUT IN DOS FORMAT, SO. SO, ANYWAY, THE BASIC GIST OF THAT IS THAT THERE CAN BE SEVERAL VERSIONS OF ANY ONE PARTICULAR DATA SET. Q. SURE. IS THE MACINTOSH JUST BECAUSE THAT'S WHAT DR. QUALLS PAGE 76 YOU HAD WHEN YOU -- THIS IS WHAT THE LAB BEGAN, OR IS THERE A CERTAIN PREFERENCE FOR THE MACINTOSH BECAUSE OF THE GRAPHICS POTENTIAL? A. YEAH, BECAUSE OF THE GRAPHICS POTENTIAL. Q. OKAY. A. AND BECAUSE THAT WAS THE ONLY LASER PRINTER THAT WE COULD PRINT OUT GOOD GRAPHS ON, THAT WE HAD. Q. OKAY. A. OKAY. EXHIBIT NUMBER FIFTY ARE TRANSPARENCIES OF WATER CHEMISTRY DATA, WHICH I HAD JUST USED TO KIND OF GIVE A LITTLE PRESENTATION JUST WITHIN THE SCHOOL AS TO WHAT WE WERE DOING. THESE ARE BASICALLY COPIES FROM THE 1991 ANNUAL REPORT FOR WATER CHEMISTRY. AND EXHIBIT NUMBER FIFTY-ONE IS RAW DATA OF TOTAL NITROGEN AND TOTAL PHOSPHORUS DIGESTS FROM SODIUM HYDROXIDE EXTRACTIONS PERTAINING TO THE ANALYSIS OF PHOSPHORUS STORAGE IN THE EVERGLADES, ITEM NUMBER 6(e) IN THE SUBPOENA. Q. OKAY. WHAT'S THE DATE ON THAT, DO YOU KNOW, FIFTY-ONE--- A. OKAY. Q. ---THE RAW DATA? A. THE DATA WAS ACTUALLY COLLECTED IN MAY AND AUGUST DR. QUALLS PAGE 77 OF 1990. IN THE VARIOUS FILES, THERE COULD BE VARIOUS DATES AFTER THAT, YOU KNOW, AS IT WAS ANALYZED. AND THIS IS ALL RAW DATA RIGHT HERE. THIS IS BASICALLY STUFF THAT IS SIMILAR TO WHAT WE HAVE IN THESE RAW DATA FILES HERE. Q. IN NUMBER FIFTY-ONE? A. RIGHT. Q. OKAY. A. OKAY. AND EXHIBIT NUMBER FIFTY-TWO IS ALSO AUTOANALYZER PRINTOUTS FROM -- OF WATER CHEMISTRY DATA FROM THE GRADIENT STUDY, WHICH, BY THE WAY, WOULD BE ITEM NUMBER 6(h)(1) IN THE SUBPOENA. THIS ALSO IS RAW DATA, VERY RAW, IN ITS VERY FIRST FORM. Q. OKAY. A. AND ITEM NUMBER -- OR EXHIBIT NUMBER FIFTY-THREE IS SOME DATA ON CONCENTRATIONS OF FLUORIDE, AND WHERE WE WERE COMPARING AN ION SELECTIVE ELECTRODE WITH ION CHROMATOGRAPH IN ORDER TO DETERMINE WHICH ONE WOULD GIVE US THE BEST MEASUREMENTS OF FLUORIDE CONCENTRATIONS. THE REASON WE WERE INTERESTED IN FLUORIDE IS WE WANTED TO MEASURE -- NUMBER ONE, WE WANTED TO