DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF ADMINISTRATION, STATE OF FLORIDA

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., ) OF

and HUNDLEY FARMS, INC., )

) DR. KENNETH H. RECKHOW

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

JANUARY 31, 1994-FEBRUARY 1, 1994

REPORTED BY:

CAROLYN Y. HALL & ASSOCIATES

DR. RECKHOW VOLUME II PAGE 312

APPEARANCES:

FOR THE PETITIONERS: SUGARCANE GROWERS COOPERATIVE

MR. RICK BURGESS OF FLORIDA, ROTH FARMS, INC.

PEEPLES, EARL & BLANK AND WEDGWORTH FARMS, INC.

ONE BISCAYNE TOWER MS. CAROLYN S. RAEPPLE

SUITE 3636 HOPPING, BOYD, GREEN & SAMS

MIAMI, FLORIDA 33131 123 SOUTH CALHOUN STREET

TALLAHASSEE, FLORIDA 32314

TELEPHONE: (305) 358-3000

TELEPHONE: (904) 222-7500

FOR RESPONDENT-INTERVENOR: FOR SOUTH FLORIDA WATER

MR. THOMAS A.W. FITZGERALD MANAGEMENT DISTRICT:

ASSISTANT U.S. ATTORNEY MR. R. BENJAMINE REID

SOUTHERN DISTRICT OF FLORIDA POPHAM, HAIK, SCHNOBRICH

99 N.E. 4TH STREET & KAUFMAN, LTD.

MIAMI, FLORIDA 33132 4100 ONE CENTRUST FINANCIAL

CENTER

TELEPHONE: (305) 536-5927 100 S.E. SECOND STREET

MIAMI, FLORIDA 33131

TELEPHONE: (305) 530-0050

ALSO PRESENT:

DR. RONALD JONES

DR. RECKHOW VOLUME II PAGE 313

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. KENNETH HOWLAND RECKHOW - 1/31-2/1/94

EXAMINATION: PAGES

BY MR. FITZGERALD 314-430

BY MR. REID 431-507

BY MR. FITZGERALD 507-531

BY MS. RAEPPLE 532-540

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

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

NUMBER DESCRIPTION MARKED

EXH. #26 CURRICULUM VITAE FOR 321

DR. RECKHOW

(16 PAGES)

EXH. #27 MODELING PHOSPHORUS TRAPPING 341

IN WETLANDS USING GENERALIZED

ADDITIVE MODELS, SEPTEMBER, 1993

(29 PAGES)

EXH. #28 NADB CHART (7 PAGES) 515

EXH. #29A P MASS LOADING RATE CHART, 517

TPOUT = 0 REMOVED

(1 PAGE)

EXH. #29B P MASS LOADING RATE CHART, 517

TPOUT = 0 INCLUDED

(1 PAGE)

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

SIGNATURE PAGE FOR DEPONENT 541

CERTIFICATION OF COURT REPORTER 542

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DR. RECKHOW VOLUME II PAGE 314

ON MOTION OF COUNSEL FOR THE SOUTH FLORIDA

WATER MANAGEMENT DISTRICT, THE DEPOSITION OF

DR. KENNETH HOWLAND RECKHOW MAY BE TAKEN BEGINNING

AT OR AROUND 2:11 P.M. ON JANUARY 31, 1994, AT THE

HILTON HOTEL, 3800 HILLSBOROUGH ROAD, THE WALKER

SUITE, DURHAM, NORTH CAROLINA, BEFORE PAMELA S.

LILES, A NOTARY PUBLIC.

THE SIGNATURE OF THE WITNESS TO THE TRANSCRIPT

OF HIS TESTIMONY IS HEREBY REQUIRED.

- - - - - - - - - - -

WHEREUPON,

KENNETH HOWLAND RECKHOW, Ph.D.,

HAVING FIRST BEEN DULY SWORN,

WAS EXAMINED AND TESTIFIED

AS FOLLOWS:

EXAMINATION BY MR. FITZGERALD:

Q. DR. RECKHOW, FOR THE RECORD, I'M TOM WATTS

FITZGERALD, ASSISTANT U.S. ATTORNEY IN THE

SOUTHERN DISTRICT OF FLORIDA, BASED OUT OF MIAMI,

AND WITH ME IS DR. RON JONES. I'M SURE YOU'LL

RECALL, FROM OUR DEPOSITION IN MARCH OF 1993, THE

BASICS THAT MR. REID COVERED, OR PERHAPS I COVERED

THEM TOO WHEN I STARTED; BUT IF AT ANY TIME YOU

WANT TO TAKE A BREAK, OR YOU WANT TO TAKE FIVE AND

DR. RECKHOW VOLUME II PAGE 315

STEP OUT AND CONSULT WITH YOUR -- WITH COUNSEL FOR

THE CO-OP WHO HAS DESIGNATED YOU AS A WITNESS,

PLEASE JUST LET ME KNOW, OR IF YOU WANT TO JUST,

YOU KNOW, TAKE A COMFORT BREAK, GET A CUP OF

COFFEE, OR WHATEVER.

A. (NODS AFFIRMATIVELY.)

Q. IF, DURING THE COURSE OF MY QUESTIONING, I ASK

A QUESTION THAT MAKES ABSOLUTELY NO SENSE --

WHICH BECAUSE OF YOUR SPECIALTY, IS PROBABLY

GOING TO HAPPEN MORE OFTEN THAN I WOULD LIKE --

AND YOU CAN'T UNDERSTAND THE QUESTION OR HAVEN'T

THE FOGGIEST IDEA OF WHAT I'M TRYING TO ASK YOU,

PLEASE JUST TELL ME AND I'LL FUMBLE AROUND AND

TRY AND REPHRASE IT IN A WAY THAT DOES MAKE

SENSE.

A. OKAY.

Q. AND IF YOU CAN'T ANSWER THE QUESTION THAT'S ASKED,

OR YOU NEED TO ASSUME SOMETHING IN ORDER TO ANSWER

THE QUESTION, IF YOU COULD TELL ME WHAT THAT IS,

SO THAT WE CAN MAKE SURE WE DON'T WASTE ANY MORE

TIME THAN ABSOLUTELY NECESSARY. I UNDERSTAND YOU

ARE AVAILABLE THE REST OF THIS AFTERNOON, AND

TOMORROW IS OKAY BY YOUR SCHEDULE?

A. YES, UH-HUH (YES).

DR. RECKHOW VOLUME II PAGE 316

Q. OKAY, I -- MR. REID AND I -- AND MR. REID WILL BE

JOINING US LATER THIS AFTERNOON BECAUSE OF FLIGHT

DIFFICULTIES FROM THE WEST COAST -- IN OUR

DISCUSSIONS, WE'RE FAIRLY CONFIDENT WE'LL BE ABLE

TO FINISH BY THE END OF THE DAY TOMORROW. I'M

GOING A LITTLE OUT OF TURN. YOU'LL RECALL THAT HE

STARTED YOUR DEPOSITION BACK IN MARCH, BUT RATHER

THAN LOSE THE FEW HOURS THIS AFTERNOON, WE THOUGHT

WE'D MOVE IT ALONG AND I'LL GO BACK, ESSENTIALLY,

AND TRY AND FILL IN A FEW OF THE AREAS I DIDN'T

COVER THAT WERE RAISED BY THINGS HE HAD ASKED AND

THEN WE'LL SEE WHERE WE STAND WHEN HE ARRIVES, AND

PERHAPS I'LL FINISH, OR WE'LL SEE HOW CLOSE TO THE

END OF THE DAY WE ARE.

A. (NODS AFFIRMATIVELY.)

MR. FITZGERALD: IF THAT'S

ACCEPTABLE TO EVERYBODY?

MS. RAEPPLE: THAT'S FINE.

Q. (BY MR. FITZGERALD) DURING YOUR FIRST DEPOSITION

IN MARCH, YOU INDICATED THAT YOU HAD NOT REVIEWED

OR DEVELOPED INFORMATION AT THAT TIME TO DETERMINE

IF THE EVERGLADES WERE A EUTROPHIED SYSTEM OR NOT.

IN THE INTERVENING NINE TO TEN MONTHS, WHATEVER

IT'S BEEN, HAVE YOU INQUIRED INTO, OR RESEARCHED

DR. RECKHOW VOLUME II PAGE 317

THAT ISSUE AT ALL?

A. NO.

Q. AT THE TIME, YOU HAD DONE NO FIELDWORK WITH

RESPECT TO THE EVERGLADES, ALTHOUGH I RECALL YOU

DID TESTIFY YOU WERE CO-CHAIR OF A SUBCOMMITTEE OF

THE TOC DOING SOME MONITORING OR SETTING UP A

MONITORING SYSTEM OF SOME KIND. HAVE YOU DONE

ANY FIELDWORK SINCE THE TIME OF YOUR MARCH

DEPOSITION?

A. NO.

Q. OKAY. AT THAT TIME, YOU ALSO INDICATED THAT

THE Ph.D. WORK THAT YOU HAD DONE, YOUR

DISSERTATION RELATED TO EUTROPHICATION IN

LAKES, AND THAT SORT OF THINGS, LOOKING AT

LOADING WATER DEPTH AND RESIDENCE TIME, THAT

THAT AREA OR BODY OF KNOWLEDGE DID NOT DIRECTLY

APPLY TO THE ANALYSIS OR WORK YOU WERE DOING IN

THIS MATTER. IS THAT STILL TRUE, OR HAS THAT

CHANGED IN ANYWAY?

A. I DON'T RECALL WHAT I SAID AT THAT TIME, BUT THERE

IS A RELATIONSHIP IN THE SENSE THAT WE THINK -- I

THINK IT'S USEFUL TO THINK OF LAKES, WETLANDS,

WATER BODIES AS TRAPS OF POLLUTANTS.

Q. SO, IN THAT SENSE, YOUR WORK ON YOUR DISSERTATION,

DR. RECKHOW VOLUME II PAGE 318

AND ON THE NATIONAL STUDY WOULD HAVE SOME GENERAL

BASIS OR BACKGROUND FOR YOUR CURRENT WORK?

A. JUST AS A STARTING POINT, AS A WAY TO THINK ABOUT

THEM IN A VERY BASIC, CRUDE SENSE.

Q. YOU INDICATED BACK IN MARCH THAT YOU DIDN'T THINK

THAT YOUR COLLEAGUES AT THE DWC, THE DUKE WETLAND

CENTER, WERE AWARE OF THE NATIONAL STUDY. IS THAT

STILL TRUE, OR HAVE YOU HAD OCCASION TO DISCUSS IT

WITH THEM?

A. NOW WHICH STUDY ARE YOU REFERRING TO?

Q. YOU REFERRED TO THE NATIONAL STUDY THAT YOU HAD

WORKED ON. DID YOU WORK ON THE LAKE

EUTROPHICATION STUDY? IS THAT STUDY THAT YOU'RE

REFERRING TO?

A. YOU'RE TALKING ABOUT MY DISSERTATION?

Q. YES.

A. I USED DATA FROM A NATIONAL EUTROPHICATION

SURVEY.

Q. AS I UNDERSTOOD THE TRANSCRIPT, AND MY NOTES

FROM THAT, YOU HAD SAID DURING YOUR DEPOSITION

THAT YOU DIDN'T THINK THAT YOUR COLLEAGUES AT

THE WETLAND CENTER WERE AWARE OF THAT STUDY.

HAVE YOU---

A. OF THE NATIONAL EUTROPHICATION SURVEY?

DR. RECKHOW VOLUME II PAGE 319

Q. YES, SIR. HAVE YOU EVER HAD OCCASION TO DISCUSS

IT WITH ANYONE THERE, OR AT LEAST SINCE---

A. NOT THAT I CAN RECALL, NO. THEY MIGHT BE AWARE.

I DON'T KNOW.

Q. AT THE TIME OF YOUR EARLIER DEPOSITION, YOU WERE

AN ASSOCIATE PROFESSOR AT THE UNIVERSITY. IS THAT

STILL CORRECT?

A. THAT'S CORRECT.

Q. OKAY. I'M NOT SURE WE ASKED WHEN YOU WOULD

NORMALLY EXPECT TO MAKE FULL PROFESSOR AT DUKE?

A. PROBABLY IN THE NEXT COUPLE OF YEARS.

Q. WHICH OF THE SCHOOLS WITHIN DUKE ARE YOU ACTUALLY

ASSOCIATED WITH?

A. THE SCHOOL OF THE ENVIRONMENT; THE SCHOOL OF

ENGINEERING; AND I'M ALSO IN THE INSTITUTE OF

STATISTICS AND DECISION SCIENCES.

Q. HOW DOES THE DUKE WETLAND CENTER FIGURE INTO THE

SCHOOL OF THE ENVIRONMENT?

A. IT'S A -- IT'S A CENTER, AS DEFINED -- AS UNDER

THE UNIVERSITY'S DEFINITION OF A CENTER, LOCATED

WITHIN THE SCHOOL.

Q. SO, IT IS WITHIN THE SCHOOL OF THE ENVIRONMENT, OR

JUST DUKE UNIVERSITY AS AN UMBRELLA?

A. I THINK IT'S IN THE SCHOOL OF THE ENVIRONMENT.

DR. RECKHOW VOLUME II PAGE 320

Q. OKAY. ARE YOU STILL ASSOCIATED WITH THE WETLAND

CENTER?

A. YES, I AM.

Q. AND WHAT'S YOUR POSITION WITH THE WETLAND CENTER,

AS OPPOSED TO THE SCHOOL OF THE ENVIRONMENT, IF

THERE'S A DIFFERENCE?

A. THERE'S -- I DON'T KNOW THAT THERE'S ANY

DISTINCTION. THE WETLAND CENTER IS AN ENTITY

THAT DUKE RECOGNIZES AS A CENTER, AS THEY DEFINE

CENTERS, AND I'M A FACULTY MEMBER IN THE SCHOOL

OF THE ENVIRONMENT, WITH AN AFFILIATION WITH THE

CENTER. AND I DON'T -- IT'S HARD FOR ME TO

UNDERSTAND THE -- WELL, YOUR QUESTION MAY RELATE

TO LACK OF UNDERSTANDING OF THE UNIVERSITY

STRUCTURE, AND I PROBABLY UNDERSTAND LITTLE MORE

THAN YOU DO.

(THEREUPON, THERE WAS AN

OFF-THE-RECORD DISCUSSION

WHICH WAS NOT REPORTED

BY THE COURT REPORTER.)

Q. (BY MR. FITZGERALD) OKAY, YOUR COUNSEL -- OR

COUNSEL FOR THE CO-OP INDICATED TO ME A FEW DAYS

AGO THAT YOU MIGHT HAVE HAD AN OPPORTUNITY TO

UPDATE YOUR RESUME SINCE OUR LAST GO ROUND. HAVE

DR. RECKHOW VOLUME II PAGE 321

YOU, IN FACT?

A. YEAH, I FINISHED IT. DID SOME THINGS ON IT

TODAY.

Q. I HOPE YOU DIDN'T DO IT JUST FOR THIS.

A. NO. ACTUALLY, THIS WAS TIMELY. I NEEDED TO GET A

COPY INTO ENGINEERING, AND TO THE SCHOOL OF THE

ENVIRONMENT.

MR. FITZGERALD: CAN I ASK THAT

THAT BE MARKED AS THE NEXT NUMBERED

EXHIBIT, WHICH I BELIEVE WOULD BE

EXHIBIT -- I THINK THAT WOULD BE

EXHIBIT 26.

(THEREUPON, THE DOCUMENT REFERRED

TO BELOW WAS MARKED AS EXHIBIT

NO. 26 - KENNETH H. RECKHOW, Ph.D.

DEPOSITION - FOR IDENTIFICATION.)

Q. (BY MR. FITZGERALD) OKAY. I'M NOT GOING TO GO

THROUGH THIS IN DETAIL NOW. I WILL LOOK AT IT

TONIGHT AND TRY TO HAVE COPIES MADE FOR ANYBODY

THAT WANTS ONE. I WAS GOING TO MOVE ON ANYWAY

INTO THE AREA OF CURRENT CONSULTING PROJECTS, AND

I SEE THAT YOU HAVE WORKED ON SOMETHING ON THAT

ANYWAY.

A. I SHOULD ADD THAT -- THAT MAY NOT BE CURRENT. I

DR. RECKHOW VOLUME II PAGE 322

JUST WENT INTO IT FOR ABOUT A HALF HOUR THIS

MORNING, AND UPDATED CERTAIN SECTIONS. BUT THAT

IS ONE SECTION THAT I DIDN'T LOOK AT, AT ALL.

SO, I DON'T KNOW WHETHER IT'S ACTUALLY

UP-TO-DATE.

Q. YOU DESCRIBED SOME CONSULTING WORK THAT YOU WERE

DOING BACK IN MARCH OF 1993 FOR THE SOUTH FLORIDA

WATER MANAGEMENT DISTRICT. ARE YOU STILL A

CONSULTANT TO THE DISTRICT?

A. THE CONTRACT IS ESSENTIALLY COMPLETE. WE WERE

WORKING ON A SERIES OF THREE PAPERS -- STILL

WORKING ON THE PAPERS.

Q. AND WHAT ARE THE SUBJECT MATTERS OF THE THREE

PAPERS?

A. ITS DECISION ANALYSIS APPLIED TO LAKE OKEECHOBEE

RESEARCH.

Q. ALL THREE, OR?

A. ALL THREE.

Q. OKAY. AND IS THAT THE CONTRACT YOU WERE

DESCRIBING WHERE YOU WERE WORKING WITH TONY

FEDERICO?

A. PROBABLY. NICK AUMAN IS THE PROJECT OFFICER.

Q. AND WHEN WOULD THOSE PAPERS SEE THE LIGHT OF DAY,

DO YOU THINK?

DR. RECKHOW VOLUME II PAGE 323

A. I HOPE SOON, NEXT MONTH OR SO.

Q. ARE THEY IN PEER REVIEW?

A. NO. THE PROCESS THAT THE DISTRICT HAS REQUIRES

THAT ANY PAPER THAT'S CO-AUTHORED BY A DISTRICT

SCIENTIST, GOES THROUGH A PROCESS, AND WE'RE REAL

CLOSE TO GETTING A COUPLE OF THOSE PAPERS INTO

THAT PROCESS.

Q. SO, THEY'RE STILL IN THE FINE-TUNING PRIOR TO

SUBMISSION?

A. YEAH, PRIOR TO -- A COUPLE OF PAPERS -- ONE OF

THE PAPERS HAS -- THE FIRST PAPER HAS THREE

AUTHORS -- ME, A GRADUATE STUDENT, AND NICK AUMAN

FROM THE DISTRICT---

Q. OKAY.

A. ---AND IT'S JUST DIFFICULT TO GET EVERYONE TO READ

OVER AND MAKE REVISIONS AND CONTRIBUTE.

Q. IS THE GRADUATE STUDENT LEEMAN, SOMETHING LIKE

THAT?

A. KATRINA SMITH.

Q. OKAY, THAT'S SOMEBODY ELSE. YOU HAD DESCRIBED

SOME WORK ANOTHER GRADUATE STUDENT HAD DONE FOR

THE DISTRICT A WHILE BACK. DO THE THREE PAPERS

HAVE WORKING TITLES AT THIS POINT?

A. YEAH, THEY DO. THEY ALL THREE HAVE WORKING

DR. RECKHOW VOLUME II PAGE 324

TITLES.

Q. CAN YOU GIVE THOSE TO US?

A. I CAN'T OFFHAND. I JUST DON'T REMEMBER THEM.

Q. OKAY. CAN YOU DESCRIBE THE GENERAL SUBJECT OF

EACH?

A. THE FIRST PAPER LOOKS AT OR DESCRIBES DECISION

ANALYSIS, AND OUTLINES SOME OF THE ACTIVITIES THAT

HAVE OCCURRED OVER THE PAST, OH, FIVE, TEN YEARS

WITH REGARDS TO DECISIONS AND RESEARCH FOR THE

EUTROPHICATION OF LAKE OKEECHOBEE.

THE SECOND PAPER INVOLVES THE USE OF THE

ANALYTIC HIERARCHY PROCESS FOR SELECTING A

SIMULATION MODEL FOR MODELING EUTROPHICATION IN

LAKE OKEECHOBEE.

AND THE THIRD PAPER SETS UP A SIMPLE

MULTI-ATTRIBUTE UTILITY SCHEME FOR PRIORITIZING

RESEARCH.

Q. AGAIN, KEYED TO LAKE OKEECHOBEE?

A. YES.

Q. OKAY. OTHER THAN THAT WORK, ARE YOU DOING ANY

OTHER WORK FOR THE WATER MANAGEMENT DISTRICT,

CURRENTLY?

A. NO.

Q. HOW ABOUT THE WORK YOU WERE DOING WITH THE

DR. RECKHOW VOLUME II PAGE 325

SUBCOMMITTEE, CO-CHAIRING THE SUBCOMMITTEE;

IS THAT COMPLETE?

A. I DON'T KNOW THE STATUS OF THAT. BILL WALKER

CALLED ME ABOUT A WEEK AGO, AND INDICATED THAT THE

WORK OF THAT SUBCOMMITTEE MAY BE REVIVED. I'VE

HAD ESSENTIALLY NO COMMUNICATION WITH THE DISTRICT

ABOUT THAT FOR ABOUT A YEAR AND A HALF. BILL

INDICATED THERE WAS A MEETING THIS WEEK OF THE

TOC, AND ANOTHER ONE LATER ON IN FEBRUARY, AND

ASKED ME WHETHER I WAS INTERESTED IN POSSIBLY

GETTING INVOLVED AGAIN. AND I TOLD HIM THAT,

YEAH, I'D LIKE TO.

Q. YOU DESCRIBE A CURRENT CONSULTING ACTIVITY FOR THE

U.S. ENVIRONMENTAL PROTECTION AGENCY. CAN YOU

TELL ME WHAT THAT'S IN REGARD TO?

A. CAN YOU GIVE ME MORE INFORMATION WHAT THE ITEM

SAYS?

Q. "PREPARATION OF A GUIDANCE MANUAL AND SOFTWARE FOR

TREND DETECTION..."

A. OH, THAT ONE, THAT'S COMPLETE, AND THAT'S JUST

WHAT IT IS. IT'S A TECHNICAL GUIDANCE MANUAL AND

SOME SOFTWARE FOR A USER TO DETERMINE THE PRESENCE

OR ABSENCE OF TRENDS IN WATER QUALITY DATA WITH AN

EMPHASIS ON LAKES.

DR. RECKHOW VOLUME II PAGE 326

Q. IS THAT A MULTI-PARAMETER THAT CAN BE APPLIED TO

DIFFERENT WATER QUALITY ELEMENTS, OR IS IT

SPECIFIC?

A. YEAH, IT'S THE SAME -- THE SAME STATISTICAL METHOD

THAT BILL WALKER USED WHEN HE DID THE TREND

ANALYSIS IN SOUTH FLORIDA. IT'S A SEASONAL

KENDALL TEST, WHICH MOST PEOPLE USE FOR WATER

QUALITY.

Q. WE TALKED A LITTLE BIT ABOUT -- OR YOU TALKED

MOSTLY -- ABOUT THE SEASONAL KENDALL BACK DURING

THE MARCH DEPOSITION. WHY, IN GENERAL, IS THE

KENDALL TEST SO WIDELY ACCEPTED OR USED BY PEOPLE

DOING STATISTICAL ANALYSIS OF WATER QUALITY?

MS. RAEPPLE: OBJECTION TO FORM.

MR. FITZGERALD: CAN YOU BE MORE

SPECIFIC? I'LL TRY AND AMEND THE FORM FOR

YOU.

MS. RAEPPLE: I DON'T RECALL THAT

THERE WAS TESTIMONY ABOUT THE TEST BEING

WIDELY USED, OR THE EXTENT TO WHICH IT IS

USED.

MR. FITZGERALD: OKAY.

Q. (BY MR. FITZGERALD) IS THE SEASONAL KENDALL TEST

A WELL-RECOGNIZED MECHANISM FOR TESTING TRENDS IN

DR. RECKHOW VOLUME II PAGE 327

WATER QUALITY DATA?

A. IT APPEARS TO BE THE METHOD OF CHOICE FOR

SCIENTISTS WHO ARE PARTICULARLY INTERESTED IN

TREND ANALYSIS.

Q. WHY IS THAT?

A. MY BELIEF IS THAT SINCE IT DOES NOT REQUIRE AN

ASSUMPTION OF NORMAL DISTRIBUTION OF ERRORS, AND

AT CERTAIN POINTS IS RESISTANT TO OUTLIERS, THAT

IT HAS BECOME SOMEWHAT OF A STANDARD AS A

CONSERVATIVE CHOICE, SO THAT YOU NEED NOT HAVE

TO DEPEND UPON ASSUMPTIONS THAT YOU MAY NOT BE

ABLE TO MEET WITH REGARDS TO THE NATURE OF THE

DATA.

Q. SO, IT'S SORT OF STOOD THE TEST OF TIME?

A. I DON'T KNOW. IT'S JUST BECOME THE PROCEDURE

THAT PEOPLE HAVE OPTED TO USE FOR THE REASONS

I JUST MENTIONED. AND BECAUSE OTHER PEOPLE

USE IT AND RECOGNIZE IT AS ACCEPTABLE, I HAVE

A FEELING THAT'S AN ARGUMENT IN FAVOR OF IT,

TOO.

Q. OKAY. YOU MENTION AS WELL -- I GUESS AGAIN FOR

EPA -- THE "PREPARATION OF A GUIDANCE MANUAL ON

STATISTICAL METHODS FOR THE APPLICATION OF

BIOCRITERIA IN STREAMS." WHAT'S THAT?

DR. RECKHOW VOLUME II PAGE 328

A. THAT EPA HAS DECIDED OVER THE PAST FEW YEARS,

IN PART, TO AUGMENT ITS CHEMICAL WATER QUALITY

MONITORING PROGRAM, TO LOOK AT BIOTA ORGANISMS

IN STREAMS AS ANOTHER MEASURE OF THE WATER QUALITY

OR THE ECOSYSTEM, AND OUR TASK IN THAT EFFORT

WAS TO PRESENT AND ILLUSTRATE BY EXAMPLE SOME

STATISTICAL METHODS THAT COULD BE USED WITH THE

CRITERIA THAT THE EPA -- OR THE STATES WERE

SETTING UP.

Q. YOU MENTION HERE "DEVELOPMENT OF REGIONAL MODELS

OF LAKE EUTROPHICATION." WHAT DID THAT PROJECT

INVOLVE?

A. CAN YOU BE MORE SPECIFIC?

Q. THAT'S ALL IT SAYS. I CAN SHOW IT TO YOU---

A. YEAH.

Q. ---IT'S THE THIRD ENTRY UNDER EPA.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. OKAY. THAT WAS SOME SUPPORT THAT WE HAD FROM

EPA TO LOOK AT STATISTICAL MODELS, USING

CROSS-SECTIONAL DATA TO PREDICT IN-LAKE

CONCENTRATIONS OF SOME COMMON TROPHIC

STATE PARAMETERS, SUCH AS TOTAL PHOSPHORUS,

TOTAL NITROGEN, CHLOROPHYLL-A, SO FORTH AND

SO ON.

††††††††††††匠⁏乏‮†ഠ

††††††††††††协⁏丮††ഌ഍਍

DR. RECKHOW VOLUME II PAGE 329

Q. WHO ELSE WAS INVOLVED IN THE DEVELOPMENT OF THE

REGIONAL MODELS?

A. A GRADUATE STUDENT OF MINE, TOM STOCKTON.

Q. OKAY. AND BY REGIONAL MODELS, WHAT AREAS DID YOU

MODEL?

A. WE LOOKED AT THE ENTIRE UNITED STATES, AND

DEVELOPED A REGIONAL SCHEME FOR HOMOGENEITY FOR,

AS BEST AS WE CAN DETERMINE, HOMOGENEITY OF MODEL

RESPONSE OR PARAMETERS WITHIN A REGION. MY

RECOLLECTION IS WE HAD ABOUT SEVEN OR EIGHT

REGIONS, THAT WE HAD DIFFERENT SETS OF MODELS

PITTED FOR.

Q. DID YOU WORK FROM A PREEXISTING DATABASE TO

DEVELOP THOSE MODELS?

A. YEAH, WE'VE HAD DATA ON LAKES AND NUTRIENT INPUTS

THAT WE'VE HAD AVAILABLE FOR YEARS, ACTUALLY

DATING BACK TO MY DISSERTATION, SOME OF THOSE

DATA.

Q. WHAT TYPE OF STATISTICAL MODELS ARE THEY? WHAT --

IF THAT'S THE RIGHT WAY TO ASK THE QUESTION.

A. THEY ARE LINEAR AND NONLINEAR ROBUST REGRESSION

MODELS.

Q. WHEN YOU SAY THAT THEY'RE ROBUST REGRESSION

MODELS, THEN ARE YOU USING THAT IN THE SENSE THAT

DR. RECKHOW VOLUME II PAGE 330

THEY PROVIDE A RANGE FOR EACH OF THE VALUES THAT

YOU'RE TRYING TO PREDICT?

A. NO, ROBUST REFERS TO THE FITTING CRITERIA, AND

THAT'S A MODELING APPROACH THAT, IN EFFECT, TENDS

TO DOWNWEIGHT THE INFLUENCE OF OUTLIERS IN THE

DATA SET.

Q. SO, IN THAT SENSE, IF I UNDERSTAND YOU, IT'S MORE

LIKELY THAT A GIVEN LAKE WITHIN A REGION WOULD

FALL WITHIN THE RANGE OF THE MODEL?

A. NO. NO, IT, BY DOWNWEIGHTING THE INFLUENCE OF

OUTLIERS, WHAT YOU ARE DOING, OR WHAT OUR FEELING

WAS WE WERE DOING, WAS FITTING THE MODEL TO THE

BULK OF THE DATA, AND SETTING UP WITH A ROBUST

FITTING SCHEME, A SITUATION WHERE OUTLYING DATA

POINTS -- DATA POINTS THAT WERE REMOVED FROM THE

CLOUD OF POINTS, HAD LESS INFLUENCE ON THE MODEL

PARAMETERS.

Q. WERE THOSE MODELS DEVELOPED FOR PREDICTIVE

PURPOSES?

A. YES.

Q. SO, BY MAKING IT A ROBUST MODEL, IT'S GOING TO

TAKE IN THE WIDEST NUMBER OF LAKES WITHIN THE

REGION; YOU WOULD EXPECT THE WIDEST NUMBER TO

FIT---

DR. RECKHOW VOLUME II PAGE 331

A. NO---

Q. ---WHEN YOU ARE PREDICTING?

A. ---NO, WHAT YOU'RE TRYING TO DO WITH THE

ROBUSTNESS FITTING CRITERIA, IS HAVE THE CLOUD OF

THE -- THE BULK OF THE DATA, IF THERE'S A

WELL-ESTABLISHED PATTERN IN THOSE DATA, BE THE

PRIMARY DETERMINANT OF THE PARAMETERS OF THE

MODEL; AND, AGAIN, THE OUTLIERS FROM THAT CLOUD OF

POINTS HAVE LESS INFLUENCE THAN THEY WOULD UNDER

STANDARD APPROACHES.

Q. WHAT WOULD BE THE STANDARD APPROACHES THAT WOULD

NOT RESULT IN THAT ROBUST MODEL?

A. ORDINARY LEAST SQUARES REGRESSION.

Q. IT APPEARS THE ONLY OTHER CURRENT CONSULTING

ACTIVITIES HERE THAT YOU HAVEN'T DISCUSSED

ALREADY WOULD BE THE DECISION ANALYSIS FOR THE

EXXON-VALDEZ RESTORATION PROGRAM. WHAT DOES THAT

ENTAIL?

A. THAT'S ESSENTIALLY COMPLETE, IN FACT, IT IS, AS

FAR AS I KNOW. I SPENT SOME TIME IN ANCHORAGE

ABOUT A YEAR AND A HALF AGO LAYING OUT A SCHEME

FOR THE STAFF, THE SCIENTIFIC STAFF TO HELP THEM

PRIORITIZE THE USE OF THE MONEY FROM THE

SETTLEMENT, AS TO WHAT ADMINISTRATION ACTIVITIES

DR. RECKHOW VOLUME II PAGE 332

MIGHT BE SELECTED.

Q. HOW DID YOU HAPPEN TO BECOME INVOLVED IN THAT?

A. I GOT A PHONE CALL FROM SOMEONE ON THE STAFF

ASKING IF IT WAS INTERESTED IN DOING IT.

Q. AND THAT'S COMPLETE NOW, OR ESSENTIALLY COMPLETE?

A. AS FAR AS I KNOW. I HAVEN'T DONE ANYTHING FOR

THEM IN MAYBE A YEAR.

Q. AT ONE TIME, YOU WERE DOING SOME CONSULTING WORK

FOR THE FLORIDA SUGAR CANE LEAGUE, THROUGH THE

FIRM AS IT WAS THEN KNOWN, OF PEOPLES, EARL AND

BLANK. HAVE YOU, SINCE MARCH OF 1993, DONE ANY

ADDITIONAL CONSULTING WORK FOR---

A. NO.

Q. ---THE LEAGUE?

A. (NODS NEGATIVELY.)

Q. HOW ABOUT FOR THE FLORIDA -- OR FOR THE CO-OP?

A. NO.

Q. ARE YOU AWARE OF ALL THE PARTIES TO THIS CASE?

A. I DON'T KNOW IF I AM OR NOT.

Q. I'M NOT SURE I AM EITHER. HAVE YOU BEEN DOING ANY

WORK FOR ANYBODY IN SOUTH FLORIDA WE HAVEN'T

TALKED ABOUT YET?

A. NO.

Q. OKAY, THE SHOTGUN APPROACH. YOU DESCRIBED YOUR

DR. RECKHOW VOLUME II PAGE 333

SUPERVISORY RESPONSIBILITIES FOR SONG QIAN BACK IN

MARCH. ARE YOU INVOLVED IN SUPERVISING---

A. YES.

Q. IS HE STILL A STUDENT AT THE---

A. YES.

Q. ---CENTER?

A. HE'S A STUDENT AT THE SCHOOL OF THE ENVIRONMENT.

Q. OKAY. THAT'S -- SEE, I KNEW THERE WAS A

DIFFERENCE.

A. WELL, THE CENTER DOESN'T GRANT DEGREES.

Q. DR. JONES EXPLAINED THAT TO ME. I PROBABLY WASN'T

LISTENING CLOSELY ENOUGH. YOU DESCRIBED FOR US

THE MECHANISM THROUGH WHICH SONG WAS SUPPORTED IN

HIS WORK TOWARDS HIS DISSERTATION BY THE CENTER.

DO YOU RECALL THAT?

A. YEAH, IF YOU CAN REFRESH MY MEMORY. I---

Q. YOU DESCR -- WELL, THE REAL QUESTION IS, IS HE

STILL SUPPORTED THROUGH THE SAME MECHANISM? YOU

DESCRIBED IT---

A. NO.

Q. ---AS TWO TWENTY THOUSAND DOLLAR ($20,000.00)

GRANTS FROM THE CO-OP TO THE CENTER---

A. YES.

Q. ---OF WHICH SONG WAS RECEIVING SIXTEEN THOUSAND

DR. RECKHOW VOLUME II PAGE 334

DOLLARS ($16,000.00) OUT OF EACH. DOES THAT SOUND

FAMILIAR?

A. I DON'T THINK THAT'S RIGHT, BUT -- I DOUBT IF

THAT'S RIGHT. HE'S NOT RECEIVING MONEY FROM THE

CENTER ANYMORE, AS FAR AS I KNOW.

Q. OKAY. DO YOU KNOW WHEN THOSE GRANTS STOPPED, OR

THE FINANCIAL SUPPORT---

A. THERE'S STILL MONEY IN ONE OF THEM, I THINK. I

DON'T MANAGE -- I SEE THE STATEMENTS ON ONLY ONE

OF THEM. I DON'T SEE THE STATEMENTS ON THE OTHER,

SO I DON'T KNOW WHAT'S IN THEM.

Q. ACCORDING TO THE TRANSCRIPT WHEN I REVIEWED IT,

AND IF THIS IS INCORRECT, JUST TELL ME SO, THERE

WERE GRANTS IN SUCCESSIVE YEARS, AND YOU HAD SEEN

SOME GRANT LETTERS, YOU THOUGHT, AT THE CENTER.

A. THEY WERE GIFTS, NOT GRANTS, WHICH IS AN

IMPORTANT---

Q. OKAY, I'M NOT USING THE RIGHT WORD.

A. ---DISTINCTION TO THE UNIVERSITY. AND YES. YES,

I HAVE -- THE ONE THAT I SEE THE STATEMENTS FOR, I

DID SEE THE LETTER ON THE GIFT TO THE CENTER.

Q. AND THOSE GIFTS WERE FROM THE CO-OP TO THE CENTER,

NOT TO THE SCHOOL OF THE ENVIRONMENT?

A. I THINK IT'S TO THE CENTER, YEAH.

DR. RECKHOW VOLUME II PAGE 335

Q. IS SONG QIAN STILL IN THE MIDST OF HIS COURSE

WORK---

A. NO---

Q. ---OR HAS HE COMPLETED THAT?

A. ---HE PASSED HIS QUALIFYING EXAM FOR HIS DOCTORAL

DISSERTATION IN DECEMBER, AND SO HE'S JUST AT THE

EARLY STAGES OF DOCTORAL RESEARCH.

Q. OKAY. DID YOU EVER RECEIVE SONG'S FINAL PROPOSAL

FOR HIS DOCTORAL WORK?

A. YES. THAT WAS AN ESSENTIAL -- THAT WAS THE

ESSENTIAL WRITTEN ITEM FOR HIS EXAM IN DECEMBER.

Q. YOU HAD PROVIDED US A PROPOSAL, AND INDICATED BACK

IN MARCH THAT YOU WERE EXPECTING THE FINAL WITHIN

THREE OR FOUR MONTHS. DID IT CHANGE FROM THE

PROPOSAL THAT YOU PROVIDED US? DO YOU KNOW, OR DO

YOU RECALL?

A. I WAS SURE IT WAS POLISHED. BUT THE ESSENCE, I'M

FAIRLY CERTAIN THAT THE ESSENCE OF IT WAS THE

SAME. I'M SURE IT IS.

Q. CAN YOU SUM UP THE ESSENCE FOR ME?

A. THE ESSENCE IS SONG'S DISSERTATION WILL INVOLVE

THE USE OF NON-PARAMETRIC BAYES ANALYSIS TO PULL

MODELING ANALYSES ON WETLANDS TRAPPING, USING, WE

HOPE, THE NEW NORTH AMERICAN DATABASE, THAT R.L.

DR. RECKHOW VOLUME II PAGE 336

KNIGHT IS WORKING ON WITH EPA, AND POSSIBLY WCA-2A

DATA, IF WE FEEL COMFORTABLE WITH THAT FOR A MODEL

OF WETLAND NUTRIENT TRAPPING.

Q. WHO'S ON HIS PANEL?

A. HIS COMMITTEE?

Q. YEAH, I'M SORRY.

A. LET'S SEE, ME AND MICHAEL LAVINE FROM STATISTICS

AND DECISION SCIENCES, AND CURT RICHARDSON, AND

PETER BLOOMFIELD FROM THE NATIONAL INSTITUTE OF

STATISTICAL SCIENCES, AND GABRIELLE KATUL FROM THE

SCHOOL OF THE ENVIRONMENT.

Q. NOW, YOU INDICATED BACK IN MARCH THAT YOU WOULDN'T

EXPECT TO SEE ANY RESULTS FROM QIAN'S WORK TO

SOMETIME INTO 1994. IS THAT TIME FRAME STILL---

A. FROM HIS DISSERTATION?

Q. YEAH.

A. YEAH, THE LATTER PART OF 1994, AT BEST.

Q. OKAY. DURING THIS PERIOD THAT SONG IS WORKING ON

HIS -- DOING HIS DISSERTATION RESEARCH AND

DEVELOPING THE WRITTEN PRODUCT, IS HE SUPPORTED BY

THE CENTER?

A. MY UNDERSTANDING IS HIS SUPPORT FROM THE CENTER

ENDED MAYBE SIX MONTHS AGO, OR SOMETHING LIKE

THAT.

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DR. RECKHOW VOLUME II PAGE 337

Q. SO, AT THIS POINT, AS FAR AS YOU KNOW, HE'S

SUPPORTING HIMSELF?

A. WE HAVE SUPPORT -- WELL, HE, LARGELY THROUGH HIS

EFFORTS, HAS OBTAINED TEACHING ASSISTANT AND OTHER

SUPPORT, EXTERNAL TO THE SCHOOL OF THE

ENVIRONMENT, SERVING AS A STATISTICS CONSULTANT,

FOR EXAMPLE, ON PROJECTS.

Q. DO YOU KNOW IF HE'S DOING ANY STATISTICAL

CONSULTING WORK FOR ANY OF THE PARTIES IN THIS

CASE?

A. I DOUBT IT, BUT I DON'T KNOW, AND I HAVE NO

EVIDENCE THAT HE IS. IN FACT, I'M ALMOST CERTAIN

HE'S NOT. STATISTICAL CONSULTING THAT HE'S TAKEN

ON, AS FAR AS I KNOW, HAS BEEN ON CAMPUS.

Q. SINCE OUR MEETING OR OUR DEPOSITIONS BACK IN MARCH

OF '93, HAVE YOU HAD ANY FURTHER MEETINGS WITH ANY

OF THE PARTIES TO THIS CASE, REGARDING THE MATTERS

AT ISSUE IN THE CASE, OTHER THAN THE TOC, FOR

EXAMPLE?

A. I MET WITH -- LET ME THINK. AS FAR AS I KNOW, THE

ONLY MEETING I HAD WAS WITH CAROLYN JUST LAST

WEEK, A COUPLE OF HOURS.

Q. DO YOU HAVE A CONSULTING CONTRACT WITH ANY PARTY

TO THE CASE, OTHER THAN THOSE THAT YOU'VE ALREADY

DR. RECKHOW VOLUME II PAGE 338

DESCRIBED?

A. NO.

Q. SO, YOU HAVE NO CURRENT CONSULTING OR CONTRACTUAL

RELATIONSHIP WITH THE CO-OP?

A. NO.

Q. OR THE LEAGUE?

A. NO.

Q. IN THE OVERNIGHT BREAK FROM OUR LAST GO ROUND AT

YOUR DEPOSITION, YOU INDICATED THAT YOU'D HAD A

CONVERSATION WITH DR. RICHARDSON CONCERNING SOME

OF THE GENERAL NATURE OF WHAT WAS GOING ON, AND

HOW MUCH YOU WERE ENJOYING THE PROCESS. HAVE YOU

HAD AN OCCASION TO DISCUSS WITH HIM YOUR RE-NOTICE

FOR DEPOSITION AND THE CONTINUATION OF THE

PROCEEDINGS?

A. YEAH, JUST IN PASSING, WE'VE TALKED ABOUT IT.

Q. DID YOU EVER REVIEW YOUR PRIOR TRANSCRIPT?

A. NO.

Q. DID YOU EVER GET THAT?

A. NO -- OH, I THOUGHT YOU WERE GOING TO SAY REVIEW

IT WITH RICHARDSON.

Q. NO. JUST YOU PERSONALLY?

A. YES, I LOOKED AT IT, YES.

Q. OKAY. DID YOU LOOK AT IT BEFORE -- I MEAN, IN THE

DR. RECKHOW VOLUME II PAGE 339

LAST WEEK TO TEN DAYS IN PREPARATION FOR THIS

PROCESS?

A. NO, I DON'T EVEN KNOW IF I HAVE A COPY OF IT. IT

SEEMS TO ME I SENT IT -- I DON'T REMEMBER.

Q. OKAY. YOU PROBABLY WOULD HAVE SENT IT BACK TO THE

COURT REPORTER WITH YOUR CORRECTIONS, IF ANY.

A. I THINK THAT'S RIGHT.

Q. HAVE YOU HAD ANY COMMUNICATION WITH TETRA TECH IN

THE LAST TEN TO TWELVE MONTHS?

A. I THINK RON MUNSON CALLED AND ASKED ABOUT THIS

WORK THAT SONG AND I WERE DOING, AND I TOLD HIM

THAT WE HAD NOTHING -- HAD NOTHING TO SEND HIM,

AND -- BUT I PROMISED HIM -- I LEFT A NOTE ON MY

DESK, I THINK, AND I PROMISED HIM I WOULD SEND HIM

A COPY OF THE PAPER WHEN WE FINISHED IT, AND IT

SEEMED TO ME I DID, BECAUSE I DON'T REMEMBER

SEEING THAT NOTE ON MY DESK ANYMORE.

Q. OKAY. DO YOU REMEMBER WHEN THAT PHONE

CONVERSATION WAS?

A. IT MIGHT HAVE BEEN IN JUNE, JULY, SOMETHING LIKE

THAT -- MAY, JUNE, JULY, SOMETHING LIKE THAT.

Q. AND YOU HAVEN'T HAD ANY COMMUNICATION WITH TETRA

TECH SINCE?

A. NO.

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DR. RECKHOW VOLUME II PAGE 340

Q. OKAY. WHEN YOU RECEIVED YOUR RE-NOTICE OF

DEPOSITION FOR TODAY'S CONVENING---

A. I DON'T KNOW IF I EVER RECEIVED A NOTICE -- WAS I?

Q. I'M SURE WE MUST HAVE SENT THEM TO COUNSEL, WHICH

YOU PROBABLY DIDN'T GET THE FIRST ONE, EITHER. IT

TENDS TO GO TO COUNSEL. THERE WAS AN INDICATION

IN THE TRANSCRIPT FROM BACK IN MARCH, THAT YOU HAD

WITHHELD, YOU KNOW, TEN TO TWENTY DOCUMENTS,

SOMETHING ON THAT ORDER, ON THE BASIS OF

PRIVILEGE, OR A CLAIM OF PRIVILEGE ASSERTED BY

THE, CO-OP. AND LET ME BACK UP A LITTLE BIT.

WERE YOU EVER MADE AWARE, PRIOR TO COMING HERE

TODAY, THAT FOR THIS DEPOSITION, A REQUEST WAS

EXTENDED AGAIN FOR CERTAIN DOCUMENTS THAT YOU

WOULD HAVE RELATED TO THIS MATTER, BASICALLY

INCORPORATING THE LIST FROM THE ORIGINAL

DEPOSITION NOTICE?

A. WHEN CAROLYN CAME, WE WENT OVER SOME MATERIAL,

INDICATING WHAT WAS REQUESTED.

Q. AND DID YOU HAVE ANY ADDITIONAL DOCUMENTS THAT HAD

BEEN DEVELOPED, LOCATED, WHATNOT, DURING THE TEN

TO TWELVE MONTHS, THAT WERE RESPONSIVE TO THE

REQUEST?

A. YEAH, I GAVE HER A PAPER.

DR. RECKHOW VOLUME II PAGE 341

MR. FITZGERALD: IF WE CAN MARK THIS AS

THE NEXT NUMBERED EXHIBIT. IT'S A DOCUMENT

DATED SEPTEMBER 19, 1993, THE FIRST PAGE OF

WHICH HAS THE BATES STAMP NUMBER THAT LOOKS

LIKE DKR0013872.

(THEREUPON, THE DOCUMENT REFERRED

TO ABOVE WAS MARKED AS EXHIBIT

NO. 27 - KENNETH H. RECKHOW, Ph.D.

DEPOSITION - FOR IDENTIFICATION.)

Q. (BY MR. FITZGERALD) I'LL SHOW YOU THAT DOCUMENT.

IN ADDITION TO EXHIBIT 27---

MR. FITZGERALD: DO YOU HAVE A COPY

OF THAT, RICK?

(THEREUPON, THERE WAS AN

OFF-THE-RECORD DISCUSSION

WHICH WAS NOT REPORTED

BY THE COURT REPORTER.)

Q. (BY MR. FITZGERALD) OKAY, IN ADDITION TO THAT

DOCUMENT -- I SEE YOU HAVE A COPY, TOO, DOCTOR,

AND SOME CORRESPONDENCE, A COUPLE OF LETTERS BACK

AND FORTH TO THE AGU ABOUT PUBLICATION OF THAT

DOCUMENT, DID YOU HAVE ANYTHING ELSE THAT WAS

RESPONSIVE TO THE REQUEST FOR PRODUCTION OF

DOCUMENTS?

DR. RECKHOW VOLUME II PAGE 342

A. WELL, I HAD SOME ITEMS THAT HAD BEEN TRANSMITTED

TO ME FROM THE LAW FIRM, UNDER THEIR PRIVILEGED

AND CONFIDENTIAL, AND I GAVE THEM -- I GUESS I

SENT THEM TO GARY PERKO. YEAH.

Q. YOU DON'T WORK FOR THE LAW FIRM?

A. NO.

Q. UNDER WHAT RELATIONSHIP ARE YOU CLAIMING PRIVILEGE

FOR DOCUMENTS THAT YOU'VE HAD OR REVIEWED, BASED

ON SOMEBODY YOU DON'T WORK FOR, WHO IS NOT YOUR

EMPLOYER, WITH WHOM YOU HAVE NO CONTRACT?

A. I'M NOT CLAIMING PRIVILEGE ON ANYTHING. I JUST

PROVIDED THEM TO THE LAW FIRM. I DON'T---

Q. BUT IN YOUR VIEW AT THE TIME YOU PROVIDED THEM TO

THE LAW FIRM, THEY FELL WITHIN THE DESCRIPTIONS IN

THE NOTICE OF DEPOSITION, THE REQUEST FOR

DOCUMENTS?

A. YES.

MS. RAEPPLE: THESE WOULD BE DOCUMENTS

THAT WERE SENT BY US TO DR. RECKHOW, AND

WE'RE CLAIMING WORK PRODUCT.

MR. FITZGERALD: WORK PRODUCT FOR

SOMEBODY WHO DOESN'T WORK FOR YOU?

MS. RAEPPLE: THAT'S CORRECT.

MR. FITZGERALD: YOU'VE DISCLOSED THEM

DR. RECKHOW VOLUME II PAGE 343

TO A STRANGER TO THE CASE TO A THIRD PARTY TO

THIS ACTION. WHERE'S THE WORK PRODUCT IN

THAT?

MS. RAEPPLE: WE BELIEVE THAT WE HAVE A

REASONABLE EXPECTATION OF CONFIDENTIALITY,

UNDER THE CIRCUMSTANCES.

MR. FITZGERALD: BASED -- I ASSUME YOU

HAVE PRECEDENT AND AUTHORITY FOR THAT CLAIM

OF EXPECTATION WHEN YOU DISCLOSE TO A THIRD

PARTY?

MS. RAEPPLE: THAT'S CORRECT.

MR. FITZGERALD: I THINK WE WILL TAKE

EXCEPTION TO THAT, AND WE'LL TAKE THAT UP

WITH THE HEARING OFFICER.

Q. (BY MR. FITZGERALD) HOW MANY DOCUMENTS ARE

INVOLVED IN THAT, IF YOU RECALL, DOCTOR, WITHOUT

GIVING ANY SPECIFICS OF WHAT'S IN THEM?

A. HALF A DOZEN, AT MOST.

Q. AND DID YOU RECEIVE ALL THESE DOCUMENTS FROM

COUNSEL?

A. I DON'T REMEMBER. I DON'T THINK SO. I THINK SOME

MAY HAVE COME FROM KBN.

Q. DO YOU HAVE A CONTRACTUAL RELATIONSHIP WITH KBN?

A. NO.

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DR. RECKHOW VOLUME II PAGE 344

Q. WERE THERE ANY -- WAS THERE ANY EXPLANATION FROM

KBN WHY THEY WERE SENDING THEM TO YOU?

A. NO, I DON'T RECALL THAT THERE WAS.

Q. WERE YOU AWARE THEY WERE COMING TO YOU BEFORE YOU

HAD RECEIVED THEM?

A. I DON'T BELIEVE THAT I WAS, HUH-UH (NO).

Q. HOW'D YOU KNOW WHAT TO DO WITH THEM WHEN YOU GOT

THEM? KIND OF AN OBVIOUS QUESTION.

A. THERE WAS A COVER LETTER EXPLAINING WHAT THEY

WERE.

Q. WHO AT KBN SIGNED THE COVER LETTERS?

A. GEE, I---

MS. RAEPPLE: AT THIS POINT, I'M GOING

TO OBJECT FURTHER ON WORK PRODUCT, IF YOU GET

INTO THE SPECIFICS OF THE DOCUMENTS, WE'RE

CLAIMING WORK PRODUCT PRIVILEGE. AND IF

YOU'RE---

MR. FITZGERALD: I'M NOT ASKING ANY

SPECIFICS ABOUT -- STRICTLY WHO SIGNED THE

COVER LETTER. ARE YOU CLAIMING A WORK

PRODUCT ON THAT?

MS. RAEPPLE: THAT'S RIGHT. YES.

Q. (BY MR. FITZGERALD) IN THE MATERIALS -- DURING

WHAT PERIOD OF TIME DID YOU RECEIVE THESE

DR. RECKHOW VOLUME II PAGE 345

MATERIALS?

A. I WOULD SAY IT WAS SOMETIME IN THE MAY TO AUGUST

PERIOD OF TIME.

Q. OKAY. AND DID YOU PERFORM STATISTICAL ANALYSIS,

BASED ON THESE MATERIALS THAT YOU RECEIVED?

A. I DID NOTHING WITH THEM.

Q. THAT'S PRETTY STRANGE.

A. I GET A LOT OF THINGS IN THE MAIL THAT I DO

NOTHING WITH.

Q. ME TOO.

MR. BURGESS: KIND OF LIKE THAT LETTER

I SENT YOU LAST WEEK.

MR. FITZGERALD: OH, I DIDN'T IGNORE

THAT LETTER, I THREW IT AWAY.

MR. BURGESS: WE'LL TALK ABOUT IT

LATER.

Q. (BY MR. FITZGERALD) SINCE MARCH, HAVE YOU HAD ANY

CONTACT WITH CURT POLLMAN?

A. I CAN'T REMEMBER. I MAY HAVE. HE MAY HAVE BEEN

SOMEONE I SENT THE PAPER TO AS WELL, AGAIN, IN THE

SAME SPIRIT AS WITH RON MUNSON.

Q. BUT NO SPECIFIC CONVERSATIONS ABOUT ANY OF THE

WORK THAT YOU OR QIAN WERE DOING?

A. NOT ANYTHING THAT I CAN RECALL.

DR. RECKHOW VOLUME II PAGE 346

Q. YOU INDICATED IN MARCH THAT YOU HAD A DOCUMENT

THAT WAS RESPONSIVE, BUT YOU HAD JUST KIND OF

OVERLOOKED OR FORGOTTEN TO PROVIDE, IN RESPONSE TO

PARAGRAPH NINE OF THE SUBPOENA, OR THE NOTICE OF

PRODUCTION PROVIDED BY THE WATER MANAGEMENT

DISTRICT, AND WHICH HAD BEEN ADOPTED BY THE UNITED

STATES AS WELL; THAT APPARENTLY INVOLVES SOME -- A

DECISIONAL CLASS HANDOUT DOCUMENT, WHICH YOU SAID

"NO PROBLEM, WE'LL PROVIDE IT," AND COUNSEL, OF

COURSE, THEN -- COUNSEL WHO WAS HERE AND HEARD

THAT, TO EVADE THAT RESPONSIBILITY, WENT OFF TO

EASTERN EUROPE INTO ONE OF THE FORMER S.S.R.'S AND

DOCUMENT NEVER TO BE SEEN. I WONDER IF WE MIGHT

GET THAT NOW. DO YOU KNOW THE DOCUMENT THAT WE

WERE -- THAT YOU WERE REFERRING TO THEN?

A. NO, I CAN'T REMEMBER.

Q. A CLASS HANDOUT DOCUMENT, A DECISIONAL CLASS?

A. I, LAST SPRING, TAUGHT A CLASS IN DECISION

ANALYSIS. I---

Q. I THINK MAYBE I CAN FIND IT IN THE RECORD AND

SOMETHING---

A. OKAY.

Q. ---AND WE'LL CLEAR IT UP.

A. OKAY.

††††††††††䄮†⁏䭁央ഌ

DR. RECKHOW VOLUME II PAGE 347

MS. RAEPPLE: MR. FITZGERALD, I RECALL

THE INSTANCE IN THE TRANSCRIPT WHERE THE

REPRESENTATION WAS MADE THAT THAT HANDOUT

WOULD BE PROVIDED, AND WHEN WE'RE OFF THE

RECORD, I'LL TALK TO THE WITNESS AND SEE IF

WE CAN'T GET THAT DOCUMENT FOR YOU.

MR. FITZGERALD: I NOTICE IT WAS IN

RESPONSE TO MR. REID, NOT TO ME, SO THAT'S --

BUT I PICKED IT UP WHEN I WAS GOING THROUGH

AND MAKING NOTES. I THINK THE WHOLE CASE

WILL PROBABLY TURN ON IT, SO IT'S REALLY

IMPORTANT.

Q. (BY MR. FITZGERALD) IN THE INTERVENING TIME, HAVE

YOU DONE ANYTHING -- ANY WORK THAT HAD LED YOU TO

CHANGE YOUR PERSPECTIVE ON YOUR ROLE, AND WHETHER

YOU MIGHT OFFER OPINIONS ON WHETHER STA'S WILL

WORK OR NOT?

A. NO.

Q. OKAY. AT THE TIME, YOU DEFINED OPINION AS

EQUALLING THE PREFERENCE FOR A STRATEGY. IS THAT

STILL YOUR VIEW OF WHAT OPINION MEANS?

A. THAT SOUNDS REASONABLE.

Q. YOU ALSO SAID, HOWEVER, THAT YOU WOULD REACH ANY

CONCLUSIONS AFTER SONG'S WORK ON STA DESIGN WAS

DR. RECKHOW VOLUME II PAGE 348

COMPLETE, AND I HAD A LITTLE TROUBLE UNDERSTANDING

EXACTLY WHAT TYPE OF CONCLUSIONS YOU THOUGHT YOU

WOULD BE REACHING, SINCE YOU DIDN'T PLAN TO HAVE

OPINIONS ON WHETHER STA'S WOULD WORK. CAN YOU

CLARIFY THAT FOR ME, IF YOU CAN?

A. COULD YOU REPEAT THE FIRST SENTENCE OR TWO? I

DIDN'T CATCH ALL THE WORDS.

Q. YOU INDICATED THAT YOU WOULD REACH ANY CONCLUSIONS

AFTER SONG'S WORK ON STA DESIGN WAS COMPLETE, AND

I GUESS THAT CONFUSED ME, BECAUSE SINCE YOU DIDN'T

PLAN TO OFFER ANY OPINIONS ON WHETHER STA'S WOULD

WORK, I WAS LEFT A LITTLE UNCLEAR. I READ IT A

COUPLE OF TIMES, AND STILL COULDN'T FIGURE OUT

WHAT OF SONG'S WORK -- WHAT CONCLUSIONS YOU

THOUGHT YOU MIGHT REACH, BASED ON SONG'S WORK.

A. I DON'T REMEMBER WHAT I WAS REFERRING TO AT THAT

TIME. CONCLUSIONS WE HOPE TO REACH ARE WITH

REGARDS TO GOOD PREDICTIVE MODELS, AND NOT

NECESSARILY SPECIFIC APPLICATIONS OF THOSE

MODELS.

Q. OKAY. HAVE YOU DEVELOPED ANY MODELS THAT WOULD

RELATE TO STA DESIGN, SINCE OUR MARCH DEPOSITION

SESSION?

A. IT'S POSSIBLE THAT THE MODELS IN THIS PAPER THAT

DR. RECKHOW VOLUME II PAGE 349

SONG AND I WROTE WOULD RELATE TO STA DESIGN. I

HAVEN'T LOOKED INTO THAT ISSUE AT ALL.

Q. SO, I TAKE IT FROM YOUR ANSWER, THEN, THAT

EXHIBIT 27 WAS NOT DEVELOPED WITH THE INTENT THAT

IT BE APPLIED TO STA'S?

A. THAT'S CORRECT.

Q. BUT IT DOES, AT LEAST IN ONE PORTION OF THE

ANALYSIS, USE THE DATABASE FROM WCA-2A?

A. THAT'S CORRECT.

Q. YOU WERE AWARE THAT 2A WAS BEING -- OR IS BEING

USED IN THE SWIM PLAN AND IN THE ANALYSIS DONE

BY DRS. KADLEC AND WALKER AS A BASIS FOR STA

DESIGN?

A. I'M NOT KEEPING UP WITH THE STA DESIGN WORK. I

KNOW THAT THOSE PEOPLE HAVE LOOKED AT THOSE DATA,

THE WCA-2A DATA.

Q. YOU INDICATED THAT YOU HAD A SABBATICAL COMING UP

THIS YEAR. IS THAT STILL THE CASE?

A. YES, I'M IN THE MIDST OF IT.

Q. OH, I WAS JUST GOING TO ASK WHEN, TO SEE IF YOU'RE

GOING TO BE AROUND, YOU KNOW, WHEN THE RUBBER

MEETS THE ROAD IN THIS THING. HOW LONG WILL THAT

LAST?

A. 'TIL SEPTEMBER OF '94.

DR. RECKHOW VOLUME II PAGE 350

Q. OKAY. BUT YOU WILL BE HERE---

A. HERE.

Q. ---LOCALLY IN---

A. YES.

Q. ---DURHAM?

A. YES.

Q. YOU INDICATED IN MARCH THAT YOU DID NOT EXPECT

YOU'D BE OFFERING ANY TESTIMONY ON TREND ANALYSIS

WITH RESPECT TO THE EVERGLADES PROTECTION AREA.

IS THAT STILL TRUE?

A. YES.

Q. HAVE YOU DONE ANY TREND ANALYSIS WORK WITH RESPECT

TO WATER QUALITY PARAMETERS IN THE EVERGLADES

PROTECTION AREA?

A. NO.

Q. ONE OF THE DOCUMENTS THAT WAS UTILIZED AT THE LAST

DEPOSITION, AND WAS EXHIBIT SIX, WAS A PAPER BY

W.H. PATRICK, JR., FROM L.S.U., DATED OCTOBER '92,

TITLED "REVIEW OF RECENT LITERATURE ON PHOSPHORUS

REMOVAL IN WASTEWATER TREATMENT WETLANDS." AND AT

THE TIME YOU INDICATED THAT YOU HAD IT AT HAND,

BUT YOU HAD NOT READ IT YET. WAS THAT DOCUMENT

UTILIZED BY YOU IN ANY WAY AS BACKGROUND, OR AS A

REFERENCE FOR EXHIBIT 27?

DR. RECKHOW VOLUME II PAGE 351

A. I'D HAVE TO LOOK IN THE REFERENCE LIST TO SEE IF

IT'S LISTED. I DIDN'T LOOK AT IT.

Q. DO YOU RECALL IF YOU'VE READ IT YET?

A. I HAVE NOT READ IT, YET.

Q. SO, YOU DIDN'T USE IT, ANYWAY?

A. I DID NOT USE IT, CORRECT.

Q. WELL, WE MAY GET THROUGH A LOT OF THESE VERY

QUICKLY, THAT WAY. EXHIBIT ELEVEN FROM THE

EARLIER DEPOSITION, "FORMS OF SOIL PHOSPHORUS

ALONG A NUTRIENT ENRICHMENT GRADIENT IN THE

NORTHERN EVERGLADES." THIS IS THE DOCUMENT BY

ROBERT QUALLS AND CURTIS RICHARDSON, WHO CLAIM

THEY'RE WITH THE WETLAND CENTER. YOU INDICATED AT

THAT TIME THAT YOU HADN'T READ THAT ONE, EITHER,

BUT THAT YOU MIGHT RELY UPON IT. DO YOU RECALL

IF YOU HAVE READ IT SINCE, OR WHETHER YOU HAVE

RELIED ON IT?

A. THAT MAY BE THE PAPER THAT IS CITED HERE, BUT I'M

NOT CERTAIN.

Q. OKAY. THERE'S -- IF YOU CAN LOOK AT YOUR COPY OF

EXHIBIT 27---

A. YEAH.

Q. ---THERE IS REFERENCE IN THERE, AS I RECALL, TO A

CRAFT-RICHARDSON, OR RICHARDSON-CRAFT DOCUMENT,

DR. RECKHOW VOLUME II PAGE 352

WHICH MAYBE ONE OF THE ONES COMING UP.

A. RICHARDSON-CRAFT.

Q. YEAH. BUT THIS IS QUALLS-RICHARDSON---

A. OKAY. NO.

Q. ---WHICH I DIDN'T SEE IN THERE---

A. NO.

Q. ---IN YOUR REFERENCE TABLE. SO, THIS WAS NOT

UTILIZED?

A. YEAH, I -- I HAD CRAFT AND QUALLS CONFUSED. IF

IT'S NOT LISTED IN THE REFERENCE LIST, WE -- I DID

NOT RELY ON IT.

Q. OKAY. DO YOU KNOW IF -- DO YOU RECALL IF YOU

PROVIDED ANY INPUT FOR EXHIBIT ELEVEN TO

DR. QUALLS OR DR. RICHARDSON ON THAT -- THAT

PAPER?

A. I CAN'T IMAGINE THAT I DID.

MR. FITZGERALD: I SEEM TO BE

MISSING ONE OF MINE. I'M MISSING NUMBER

14. RON, DID YOU PULL THAT ONE OUT, BY

ANY CHANCE?

DR. JONES: HUH-UH (NO).

MR. FITZGERALD: I FORGET WHAT IT WAS.

MS. RAEPPLE: I HAVE IT.

MR. FITZGERALD: YOU'VE GOT 14?

DR. RECKHOW VOLUME II PAGE 353

MS. RAEPPLE: 14?

MR. FITZGERALD: YEAH, IF YOU COULD JUST

GIVE ME THE TITLE OF THAT DOCUMENT. I KNOW I

HAD IT BEFORE, BECAUSE I WROTE IT DOWN. IT

PROBABLY IS, AND IT'S JUST STUCK -- I FOUND

IT. THANK YOU. THE PAPER CLIP PICKED UP

BOTH OF THEM.

Q. (BY MR. FITZGERALD) EXHIBIT 14 WAS A PAPER BY

LOWE, BATTOE, STITES, AND COVENEY, OR COVENEY,

FROM THE ST. JOHNS WATER MANAGEMENT DISTRICT IN

FLORIDA ON PARTICULATE PHOSPHORUS REMOVAL BY A

WETLAND FILTRATION, WHICH YOU HAD PROVIDED AS PART

OF YOUR DOCUMENTS; AND AT THE TIME YOU INDICATED

YOU POSSIBLY COULD USE, MAY USE, PROBABLY HADN'T

READ. HAVE YOU RELIED ON IT?

A. NO.

Q. HAVE YOU READ IT?

A. NO.

Q. OKAY. AND THEN THE FAMOUS FACT OR FICTION

ARTICLE, DEPO EXHIBIT 15 -- "EFFECTIVE PHOSPHORUS

RETENTION IN WETLANDS, FACT OR FICTION?" -- AND

YOU INDICATED THIS WAS A MODIFICATION OF SONG'S

WORK, AND THE DATA LISTINGS HAD BEEN DONE BY SONG

FOR A CLASS. I BELIEVE THAT WAS A CLASS OF YOURS?

DR. RECKHOW VOLUME II PAGE 354

A. IF I SAID THAT, THAT'S -- I DON'T REMEMBER IT, BUT

I'LL DEFER TO WHAT I SAID EARLIER.

Q. THIS DOCUMENT, EXHIBIT 15, WAS A BACKGROUND

DOCUMENT, AS A REFERENCE FOR THE EXHIBIT 27 PAPER,

RIGHT?

A. UH-HUH (YES).

Q. SO, DR. RICHARDSON AND -- WAS DR. CRAFT ALSO AN

AUTHOR ON THAT?

A. YES.

Q. OKAY. AND SONG DID THE MATHEMATICAL BACKGROUND

WORK?

A. (NO RESPONSE.)

Q. OKAY, YOU PROVIDED AS EXHIBIT 16 A PHASE ONE

NORTH AMERICAN DATABASE APPENDICES AND

DOCUMENTATION THAT YOU INDICATED WERE FROM THE

KADLEC-NEWMAN WORK FROM 1992. DO YOU RECALL

THAT?

A. I RECALL THE KADLEC-NEWMAN WORK, YES.

Q. IN EXHIBIT 27, YOU CITE TO THE NORTH AMERICAN

DATABASE AND A DATA SET. IS THAT THE DATA SET

THAT YOU ARE REFERRING TO?

MR. BURGESS: WHAT NUMBER EXHIBIT IS

THAT?

MR. FITZGERALD: THAT'S EXHIBIT 16.

DR. RECKHOW VOLUME II PAGE 355

WITNESS: 16.

MS. RAEPPLE: THANK YOU.

A. I THINK IT IS. IT'S GOING BY THE SAME NAME, SO

I'M ASSUMING THAT IT IS.

Q. WHEN THE ANALYSIS IN EXHIBIT 27 WAS CONDUCTED,

PART OF IT IS ON OR BASED ON THE NORTH AMERICAN

DATABASE?

A. (NODS AFFIRMATIVELY.)

Q. DO YOU RECALL HOW YOU ACQUIRED THE DATA SET FOR

THAT?

A. I BELIEVE WE OBTAINED IT EITHER FROM CURT

RICHARDSON OR FROM CURT POLLMAN, BUT I DON'T

REMEMBER.

Q. WOULD YOU RECALL IF IT WAS IN TABULAR FORM OR

DISK?

A. I THINK WE HAD IT -- WE OBTAINED IT IN BOTH.

Q. THE KADLEC-NEWMAN DOCUMENT, THAT WAS IN YOUR

MATERIALS, INDICATED THAT THE DATA LISTING WAS

UNCHECKED AND UNPUBLISHED. IN PREPARING TO

PRODUCE EXHIBIT 27, WERE YOU ABLE TO ENSURE

THAT THE -- OR FINALIZE THE DATA IN ANY FASHION,

OR WAS IT STILL UNCHECKED AND UNPUBLISHED AT THE

TIME YOU PRODUCED EXHIBIT 27, DATED SEPTEMBER OF

'93?

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††††††††††††㤧㼳఍഍

DR. RECKHOW VOLUME II PAGE 356

A. WE DIDN'T DO ANY DATA CHECKING. WE MADE THE

ASSUMPTION THAT THESE DATA REPRESENTED A GOOD

DATA SET. WE HOPE TO OBTAIN FROM KNIGHT IN THE

NEW AND IMPROVED NORTH AMERICAN DATABASE.

Q. WHAT'S THE DIFFERENCE BETWEEN THE DATABASE THAT

WOULD HAVE EXISTED THEN, AND THE ONE NOW?

A. I DON'T KNOW. I DON'T KNOW. I'VE JUST HAVE BEEN

TOLD THAT THERE'S A BETTER DATABASE AVAILABLE,

THAT THAT DATABASE HAS BEEN UPDATED OR REVISED,

AND THAT'S WHAT WE HOPED TO USE FOR SONG'S

DISSERTATION.

Q. DID YOU UNDERSTAND UPDATE OR REVISION IN THE SENSE

OF IT'S EXPANDED? THAT IT'S A LARGER DATABASE,

OR THAT---

A. I THOUGHT THAT COULD HAVE MEANT ANY ONE OF A

NUMBER OF THINGS, INCLUDING THAT.

Q. OKAY. YOU PROVIDED SOME BIWEEKLY PROGRESS

REPORTS, AND THEY WERE EXHIBIT 24 TO THE EARLIER

DEPOSITION, THAT YOU HAD BEEN PROVIDING TO THE

LEAGUE, AND OTHERS, I GUESS, LIKE CURT POLLMAN,

AND SOME PEOPLE YOU IDENTIFIED IN THE DEPOSITION

AT THAT TIME. DID YOU DO ANY ADDITIONAL BIWEEKLY

REPORTS ON -- THAT WERE ON QIAN SONG'S WORK?

A. NO.

†††††††††䄠‮†低മ

††††††††††䄮†⁎伮ഌ഍

DR. RECKHOW VOLUME II PAGE 357

Q. AFTER MARCH, WERE ANY ADDITIONAL SUCH REPORTS

PROVIDED?

A. I DON'T RECALL SENDING ANY, NO.

Q. OKAY. YOU INDICATED IN MARCH THAT TO THE EXTENT

THAT YOU MIGHT BE SUBJECTED TO BEING A WITNESS

AT HEARING IN THIS MATTER, THAT YOU WOULD BE

TESTIFYING FROM SONG'S WORK. DO YOU RECALL

THAT?

A. I DON'T RECALL THAT, BUT, YES, THAT SOUNDS

REASONABLE.

Q. IS THAT STILL---

A. YES.

Q. ---STILL CORRECT?

A. (NODS AFFIRMATIVELY.)

Q. TO WHAT EXTENT DOES EXHIBIT 27 REPRESENT SONG'S

WORK, AND TO WHAT EXTENT DOES IT REPRESENT YOUR

WORK?

A. SONG DID ALL OF THE ANALYSIS. I DID ALL OF THE

WRITING WITH THE PRIMARY EXCEPTION OF THE

LITERATURE, "PREVIOUS WORK ON NUTRIENT TRAPPING IN

WETLANDS," PAGES -- WELL, BASICALLY PAGES THREE

AND FOUR, WHICH WERE MAINLY FROM SONG, AND I JUST

EDITED TO IMPROVE THE ENGLISH. OTHERWISE, I DID

ALL THE REST OF THE WRITING.

DR. RECKHOW VOLUME II PAGE 358

Q. YOU INDICATED, AT LEAST ACCORDING TO THE NOTES,

THAT YOU WOULD TESTIFY BECAUSE SONG --

ESSENTIALLY, YOU DESCRIBED HIS BACKGROUND THAT

HE WAS CHINESE, AND NOT FAMILIAR WITH OUR SYSTEM.

IS IT REASONABLE TO ASSUME THAT HIS FACILITY

IN ENGLISH IS FAIRLY GREAT, GIVEN THE AMOUNT OF

THE TIME HE'S BEEN IN THE COUNTRY, AND HAVING

WORKED THROUGH -- HE'S GETTING HIS DOCTORATE AT

DUKE---

A. UH-HUH (YES).

Q. ---SO, I ASSUME THAT THE LANGUAGE BARRIER IS NOT

A MAJOR PROBLEM -- OR IS THAT NOT A FAIR

ASSUMPTION?

A. IT IS AND IT ISN'T. HIS ENGLISH IS GOOD, RELATIVE

TO MANY OTHER FOREIGN STUDENTS.

Q. OR CHINESE?

A. YES, IT'S FAR SUPERIOR TO THAT. ON THE OTHER

HAND, HE'S NOT -- HE DOESN'T APPRECIATE NUANCES

AND MEANINGS, AND IS -- I THINK IT'S UNFAIR TO

SUBJECT A GRADUATE STUDENT, UNLESS HE OR SHE IS

WILLING, TO SOMETHING LIKE THIS PERIOD. BUT

SOMEONE WHO'S A FOREIGNER, NOT -- WITHOUT THIS HIS

NATIVE LANGUAGE, IT'S -- IT CAN BE A PERSONALLY, A

DAMAGING EXPERIENCE.

DR. RECKHOW VOLUME II PAGE 359

Q. YOU DESCRIBED SOME WORK YOU DID BACK IN 1981 FOR A

SEPARATE LAWSUIT ON ANALYSIS AND GRAPHICS ON WATER

LEVELS AND CONCENTRATIONS OF NUTRIENTS AT VARIOUS

STRUCTURES WITHIN THE EPA. YOU INDICATED THAT

THAT DATA HAD BEEN RECEIVED FROM JOHN DAVIS.

A. SAY THAT AGAIN.

Q. OKAY.

A. SOMETHING DIDN'T---

Q. YOU INDICATED THAT YOU HAD RECEIVED SOME DATA FROM

JOHN DAVIS.

A. YOU PROVIDED A DATE, RIGHT AT THE BEGINNING OF

THAT STATEMENT.

Q. 1991-ISH.

A. 1991, OKAY.

Q. OKAY, AND THAT YOU HAD DONE SOME ANALYSIS AND

GRAPHIC WORK RELATING TO WATER LEVELS AND

CONCENTRATIONS OF NUTRIENTS, PRIMARILY PHOSPHORUS,

AT STRUCTURES WITHIN THE EVERGLADES PROTECTION

AREA -- I MEAN, WATER MANAGEMENT DISTRICT

STRUCTURES---

A. YES, YES.

Q. ---OR CORPS OF ENGINEER STRUCTURES?

A. YES.

Q. AND THEN YOU DID THAT WORK WITH SONG?

DR. RECKHOW VOLUME II PAGE 360

A. I DON'T THINK I SAID THAT. I DON'T BELIEVE---

Q. I'M SORRY, YOU'RE CORRECT. THAT WAS THE PUNCH

LINE OF THE QUESTION. THAT DATA AND WORK THAT

YOU DID, DID YOU EVER SHARE THAT ANALYSIS WITH

SONG?

A. NO.

Q. DID YOU EVER SHARE IT WITH ANYONE?

A. I'M SURE I SHARED IT WITH JOHN, PROBABLY HAVE

SHARED IT WITH RICK.

Q. BUT OTHER THAN THAT, IT HAS NOT BEEN REFLECTED IN

ANYTHING THAT YOU'VE PUBLISHED OR WRITTEN?

A. NO, HUH-UH (NO).

Q. YOU INDICATED IN MARCH