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. 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

APRIL 8-9, 1993

 

 

 

 

REPORTED BY: PAMELA S. LILES

CAROLYN Y. HALL & ASSOCIATES

DR. RECKHOW VOLUME I PAGE 2

 

 

APPEARANCES:

 

 

FOR THE PETITIONERS: SUGARCANE GROWERS COOPERATIVE

MR. RICHARD A. RUSSELL OF FLORIDA, ROTH FARMS, INC.

PEEPLES, EARL & BLANK AND WEDGWORTH FARMS, INC.

ONE BISCAYNE TOWER MS. DONNA H. STINSON

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

155 SOUTH MIAMI AVENUE & KAUFMAN, LTD.

SUITE 627 4100 ONE CENTRUST FINANCIAL

MIAMI, FLORIDA 33130 CENTER

100 S.E. SECOND STREET

MIAMI, FLORIDA 33131

 

 

TELEPHONE: (305) 536-4425 TELEPHONE: (305) 530-0050

 

 

 

 

 

 

FOR DUKE UNIVERSITY:

MR. RALPH L. McCAUGHAN

KING, WALKER, LAMBE

& CRABTREE

3708 MAYFAIR STREET

POST OFFICE BOX 51549

DURHAM, N.C. 27717

 

 

TELEPHONE: (919) 493-8411

DR. RECKHOW VOLUME I 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. KENNETH HOWLAND RECKHOW - 4/8-9/93

 

 

 

 

EXAMINATION: PAGES

 

 

BY MR. REID 4-245

 

 

BY MR. FITZGERALD 245-308

 

 

 

 

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

 

 

 

 

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

 

 

NUMBER DESCRIPTION MARKED

 

 

 

 

(EXHIBITS NUMBER #1 - #25 WERE MARKED

DURING THE TAKING OF THE DEPOSITION OF

DR. KENNETH H. RECKHOW, APRIL 8-9, 1993.)

 

 

 

 

 

 

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

 

 

 

 

 

 

SIGNATURE PAGE FOR DEPONENT 309

 

 

 

 

 

 

 

 

CERTIFICATION OF COURT REPORTER 310

†††††††††匠䝉䅎啔䕒倠䝁⁅但⁒䕄佐䕎呎††††††††††††㌠㤰਍਍਍਍਍††††††††††䕃呒䙉䍉呁佉⁎䙏䌠問呒删偅剏䕔⁒††††††††††ㄳരഌ਍

DR. RECKHOW VOLUME I PAGE 4

 

 

STIPULATIONS

 

 

ON MOTION OF COUNSEL FOR THE SOUTH FLORIDA

 

 

MANAGEMENT DISTRICT, THE DEPOSITION OF DR. KENNETH

 

 

HOWLAND RECKHOW MAY BE TAKEN BEGINNING AT OR AROUND

 

 

12:28 P.M. ON APRIL 8, 1993, AT THE HILTON HOTEL, 3800

 

 

HILLSBOROUGH ROAD, THE EXECUTIVE BOARDROOM, 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. REID:

 

 

Q. WOULD YOU STATE YOUR NAME?

 

 

A. FULL NAME?

 

 

Q. YES, SIR.

 

 

A. KENNETH HOWLAND RECKHOW.

 

 

Q. AND WHAT IS YOUR ADDRESS?

 

 

A. IT'S 2917 WADE ROAD, DURHAM, NORTH CAROLINA.

 

 

Q. WHAT DID YOU SAY YOUR MIDDLE NAME WAS?

DR. RECKHOW VOLUME I PAGE 5

 

 

A. HOWLAND.

 

 

Q. OH, HOWLAND. I THOUGHT YOU SAID ALLEN.

 

 

A. YEAH.

 

 

Q. AND I DIDN'T KNOW WHAT THE "H" WAS FOR. OKAY, BY

 

 

WHOM ARE YOU EMPLOYED?

 

 

A. DUKE UNIVERSITY.

 

 

Q. AND WHAT IS YOUR TITLE?

 

 

A. I'M AN ASSOCIATE PROFESSOR IN THE SCHOOL OF THE

 

 

ENVIRONMENT AND ALSO IN CIVIL AND ENVIRONMENTAL

 

 

ENGINEERING AND ALSO IN THE INSTITUTE OF

 

 

STATISTICS AND DECISION SCIENCES.

 

 

Q. OKAY. SO, I CAN UNDERSTAND BETTER HOW YOU FIT IN,

 

 

CAN YOU -- I WANT YOU TO TALK A LITTLE BIT ABOUT

 

 

HOW DUKE IS ORGANIZED. YOU'VE TALKED ABOUT A

 

 

SCHOOL, A DEPARTMENT, AND AN INSTITUTE. SO, CAN

 

 

YOU START AT THE TOP AND WORK DOWN?

 

 

A. SURE, AS BEST I KNOW. AND YOU MIGHT CORRECT ME

 

 

OR ADD, RALPH. DUKE IS ORGANIZED ON THE BASIS OF

 

 

SCHOOLS, WHICH MIGHT BE THOUGHT OF AS COLLEGES,

 

 

AND COLLEGE -- OR SCHOOL OF ARTS AND SCIENCES,

 

 

ENGINEERING, ENVIRONMENT, LAW, BUSINESS, ARE AMONG

 

 

THOSE, DIVINITY. SO, SCHOOL OF THE ENVIRONMENT IS

 

 

WHERE MY PRIMARY APPOINTMENT IS. AND ALL OF MY

 

 

SALARY COMES THROUGH THE SCHOOL OF THE

DR. RECKHOW VOLUME I PAGE 6

 

 

ENVIRONMENT. THE DEPARTMENT OF CIVIL ENGINEERING

 

 

IS IN THE SCHOOL OF ENGINEERING, AND I HAVE A

 

 

JOINT APPOINTMENT WITH THAT DEPARTMENT. WE HAVE

 

 

NO DEPARTMENTS IN THE SCHOOL OF THE ENVIRONMENT.

 

 

THE INSTITUTE OF STATISTICS AND DECISION

 

 

SCIENCES IS YET ANOTHER STRUCTURE, SAY, LIKE THE

 

 

WETLAND CENTER IS A -- CENTERS ARE STRUCTURES.

 

 

EXACTLY HOW THAT FITS IN, I HAVE TO SAY, I DON'T

 

 

KNOW. IT'S THROUGH THE PROVOST'S OFFICE, AS FAR

 

 

AS I UNDERSTAND.

 

 

Q. OKAY. WELL, IF YOU'RE TAKING UNDERGRADUATE

 

 

COURSES IN STATISTICS, WHICH SCHOOL WOULD YOU BE

 

 

IN?

 

 

A. YOU WOULD -- AS AN UNDERGRADUATE, YOU WOULD EITHER

 

 

BE IN TRINITY COLLEGE, ARTS AND SCIENCES, OR IN

 

 

ENGINEERING.

 

 

Q. OKAY. AND ASSUMING YOU GET TO THE GRADUATE LEVEL

 

 

IN STATISTICS, WHERE WOULD YOU FALL?

 

 

A. YOU WOULD BE IN THE INSTITUTE OF STATISTICS AND

 

 

DECISION SCIENCES IN---

 

 

Q. OKAY. SO IT---

 

 

A. ---PROBABLY THROUGH THE GRADUATE SCHOOL OF ARTS

 

 

AND SCIENCES.

 

 

Q. AND IT'S, IN EFFECT, A STAND-ALONE ENTITY?

DR. RECKHOW VOLUME I PAGE 7

 

 

A. AS FAR AS I KNOW, THAT'S CORRECT.

 

 

Q. OKAY. AND WHO IS THE HEAD OF THE INSTITUTE OF

 

 

STATISTICS? WHAT IS THAT PERSON CALLED?

 

 

A. MIKE WEST IS CALLED A "HEAD," NOT A "CHAIR."

 

 

Q. OKAY. THE HEAD OF THE INSTITUTE.

 

 

A. YEAH.

 

 

Q. OKAY. NOW, YOU MENTIONED A CENTER A MOMENT

 

 

AGO---

 

 

A. UH-HUH.

 

 

Q. ---WHERE DOES A CENTER FIT INTO ALL OF THIS?

 

 

A. WELL, CENTERS ARE FORMALLY -- CENTERS THAT HAVE

 

 

BEEN FORMALLY IDENTIFIED AS CENTERS BY DUKE

 

 

UNIVERSITY, AS FAR AS I KNOW, CAN EXIST IN ANY

 

 

OF THESE ENTITIES -- SCHOOLS, DEPARTMENTS,

 

 

INSTITUTES -- AND OFTEN ARE SET UP TO BRING IN

 

 

FACULTY ACROSS, OR FROM OTHER DEPARTMENTS THAN THE

 

 

HOST DEPARTMENT.

 

 

Q. NOW, YOU MENTIONED THE DUKE WETLAND CENTER.

 

 

A. (NODS AFFIRMATIVELY.)

 

 

Q. WHEN WAS THAT CREATED?

 

 

A. OH, GEE, THREE YEARS AGO.

 

 

Q. OKAY. AND, IF I WERE DRAWING A LITTLE DOTTED

 

 

LINE, HOW WOULD THAT RELATE TO THE SCHOOL OF THE

 

 

ENVIRONMENT?

DR. RECKHOW VOLUME I PAGE 8

 

 

A. THE SCHOOL OF THE ENVIRONMENT HAS SEVERAL CENTERS,

 

 

AND THE WETLAND CENTER IS ONE CENTER WITHIN THE

 

 

SCHOOL.

 

 

Q. NOW, ON A DAY-TO-DAY BASIS, WHAT DO YOU ACTUALLY

 

 

DO?

 

 

A. ON A DAY-TO-DAY BASIS, DURING THE ACADEMIC YEAR,

 

 

I'M INVOLVED IN TEACHING; ADVISING STUDENTS;

 

 

ADMINISTRATIVE ACTIVITIES SUCH AS SERVING ON

 

 

COMMITTEES; ADMISSIONS AND AWARDS COMMITTEE;

 

 

MEETING WITH STUDENTS.

 

 

Q. OKAY. IN A TYPICAL ACADEMIC YEAR, WHAT WOULD YOUR

 

 

TEACHING LOAD BE?

 

 

A. A COURSE A SEMESTER, PLUS A SEMINAR.

 

 

Q. IS THAT WHAT YOU'D CALL A NORMAL TEACHING LOAD AT

 

 

DUKE?

 

 

A. THAT'S A NORMAL TEACHING LOAD IN THE SCHOOL OF THE

 

 

ENVIRONMENT. I BELIEVE IT'S NORMAL AND TYPICAL OF

 

 

MOST DEPARTMENTS.

 

 

Q. OKAY. NOW, WHAT ARE YOU TEACHING THIS SEMESTER?

 

 

A. DECISION THEORY AND RISK ANALYSIS.

 

 

Q. TELL ME WHAT THAT IS.

 

 

A. THAT INVOLVES STATISTICAL METHODS, TO SOME DEGREE,

 

 

AND THE SCIENCE OF DECISION THEORY, HOW WE MAKE

 

 

DECISIONS UNDER UNCERTAINTY.

DR. RECKHOW VOLUME I PAGE 9

 

 

Q. OKAY. WOULD THAT BE RELATED TO THE INSTITUTE OF

 

 

STATISTICS?

 

 

A. IT COULD BE, BUT IT IS NOT.

 

 

Q. OKAY. IT'S JUST A -- IS IT AN UNDERGRADUATE

 

 

COURSE?

 

 

A. NO, IT'S A GRADUATE AND PROFESSIONAL COURSE WITHIN

 

 

THE SCHOOL OF THE ENVIRONMENT.

 

 

Q. OKAY. AND WHAT SEMINAR ARE YOU TEACHING THIS

 

 

SEMESTER?

 

 

A. I'M NOT. MY SEMINAR WAS GIVEN IN THE FALL.

 

 

Q. OKAY. GIVE ME AN IDEA, GOING BACK OVER THE LAST

 

 

FEW YEARS, OF SOME OF THE COURSES THAT YOU'VE

 

 

TAUGHT.

 

 

A. THE LAST SEVERAL YEARS, I'VE TAUGHT DECISION

 

 

THEORY AND RISK ANALYSIS IN THE SPRING, WATER

 

 

QUALITY MANAGEMENT AS A COURSE IN THE FALL, AND

 

 

WATER QUALITY MODELING AS A SEMINAR IN THE FALL.

 

 

Q. OKAY. AND THAT'S BEEN FOR HOW MANY YEARS, WOULD

 

 

YOU SAY?

 

 

A. OH, FIVE, SIX YEARS.

 

 

Q. THE WATER QUALITY MANAGEMENT, WOULD THAT BE A

 

 

GRADUATE-LEVEL COURSE?

 

 

A. YEAH. THE SCHOOL OF THE ENVIRONMENT, UP UNTIL

 

 

THIS FALL, HAS ONLY BEEN FOR GRADUATE AND

DR. RECKHOW VOLUME I PAGE 10

 

 

PROFESSIONAL STUDENTS. NOW, PROFESSIONAL STUDENTS

 

 

ARE NOT UNLIKE MBA STUDENTS IN THAT THEY ARE

 

 

POST-UNDERGRADUATE DEGREE PURSUING A PROFESSIONAL

 

 

DEGREE THAT TRAINS THEM TO PRACTICE THE PROFESSION

 

 

OF ENVIRONMENTAL SCIENCES.

 

 

Q. AND I ASSUME THE MODELING COURSE WOULD ALSO BE FOR

 

 

GRADUATE OR PROFESSIONAL STUDENTS?

 

 

A. YES.

 

 

Q. DO YOU -- IN YOUR DECISION THEORY AND RISK

 

 

ANALYSIS COURSE, DO YOU HAVE A STANDARD TEXTBOOK

 

 

THAT YOU USE?

 

 

A. YES. THE LAST TWO YEARS, I HAVE USED A COURSE --

 

 

A TEXT BY VON WINTERFELDT AND EDWARDS ENTITLED

 

 

DECISION ANALYSIS AND BEHAVIORAL RESEARCH.

 

 

Q. VON WINTERFELDT?

 

 

A. VON WINTERFELDT, YES.

 

 

Q. AND ELLIS?

 

 

A. NO. VON WINTERFELDT AND EDWARDS.

 

 

Q. EDWARDS, I'M SORRY. OKAY. AND WHAT TEXT DO YOU

 

 

USE IN THE WATER QUALITY MANAGEMENT COURSE?

 

 

A. THE LAST TWO YEARS, I HAVE NOT USED A TEXT.

 

 

Q. OKAY. WHAT HAVE YOU USED FOR COURSE MATERIALS?

 

 

A. IN ALL MY COURSES, I HAVE ALL MY LECTURE NOTES

 

 

PHOTOCOPIED AND HAND THOSE -- OR ACTUALLY HAVE

DR. RECKHOW VOLUME I PAGE 11

 

 

THOSE SOLD BY AN ORGANIZATION THAT PROVIDES COURSE

 

 

PACKS FOR UNIVERSITIES.

 

 

Q. WHAT'S THE NAME OF THAT COURSE -- OF THAT

 

 

ORGANIZATION?

 

 

A. I MAY -- I HAVE TO SAY I CAN'T RECALL. THEY'RE

 

 

LOCATED IN RALEIGH. THEY USED TO GO UNDER THE

 

 

NAME "UNLIMITED POTENTIAL." NOW, THEY MAY STILL

 

 

USE THAT NAME. NAME COULD BE OBTAINED THROUGH THE

 

 

BOOKSTORE.

 

 

Q. CAN STUDENTS BUY THIS COURSE MATERIAL THROUGH THE

 

 

BOOKSTORE AT DUKE?

 

 

A. YES, THAT'S WHAT THEY DO. I HAVE THE COPIER COPY

 

 

AND BIND THE NOTES, AND THEN THEY ARE SOLD TO THE

 

 

BOOKSTORE.

 

 

Q. AND YOU'VE BEEN USING THESE FOR THE LAST TWO

 

 

YEARS, YOU SAY?

 

 

A. WELL, IN WATER QUALITY MANAGEMENT, I HAVE NOT USED

 

 

A TEXT FOR THE LAST TWO YEARS. IN ALL OF MY

 

 

COURSES, I'VE USED THE COURSE PACKS FOR, OH, THE

 

 

LAST FOUR OR FIVE, SIX YEARS.

 

 

Q. OKAY. WHAT WAS THE -- MORE THAN TWO YEARS AGO

 

 

WHAT TEXT DID YOU USE IN WATER QUALITY MANAGEMENT?

 

 

A. A TEXT BY TCHOBANOGLOUS AND SCHROEDER ENTITLED,

 

 

WATER QUALITY.

DR. RECKHOW VOLUME I PAGE 12

 

 

Q. CAN YOU SPELL THE FIRST ONE FOR THE---

 

 

A. YEAH. T-C-H-O-B-A-N-O-G-L-O-U-S.

 

 

Q. SAY THAT AGAIN, T-C -- I RAN---

 

 

A. T-C-H-O-B-A-N-O-G-L-O-U-S, I THINK.

 

 

Q. AND SCHROEDER?

 

 

A. SCHROEDER, S-C-H-R-O-E-D-E-R.

 

 

Q. OKAY. NOW, IN YOUR MODELING SEMINAR, DO YOU --

 

 

YOU USE YOUR COURSE MATERIALS, I ASSUME.

 

 

A. I HAVE A TEXT AND I'VE USED THE COURSE LECTURE---

 

 

Q. OKAY. AND WHAT WAS THE TEXT?

 

 

A. THE TEXT IS ENGINEERING APPROACHES FOR LAKE

 

 

MANAGEMENT, VOLUME 2.

 

 

Q. BY WHOM?

 

 

A. RECKHOW -- OR CHAPRA AND RECKHOW.

 

 

Q. OKAY. I ASSUME THAT'S YOU.

 

 

A. YES.

 

 

Q. ALL RIGHT. I WANT TO TALK ABOUT THE DECISION

 

 

THEORY COURSE FOR A LITTLE BIT.

 

 

A. UH-HUH (YES).

 

 

Q. IF YOU WERE GOING TO DESCRIBE THIS COURSE TO

 

 

SOMEBODY WHO WAS INTERESTED IN TAKING IT, HOW

 

 

WOULD YOU DESCRIBE IT?

 

 

A. A PROSPECTIVE STUDENT -- SOMEONE WHO HAS SOME

 

 

ACADEMIC TRAINING---

DR. RECKHOW VOLUME I PAGE 13

 

 

Q. RIGHT. WHO---

 

 

A. ---I WOULD DESCRIBE IT AS A COURSE THAT MAKES USE

 

 

OF BASIC PROBABILITY AND STATISTICS AND PROVIDES A

 

 

FOUNDATION IN DECISION THEORY, THE THEORY OF

 

 

DECISION MAKING UNDER UNCERTAINTY, BUT, IN

 

 

ADDITION, PROVIDES A NUMBER OF APPLICATIONS OF

 

 

DECISION THEORY, CALLED DECISION ANALYSIS, AS

 

 

TO HOW WE TAKE UNCERTAIN SCIENCE AND VALUE

 

 

JUDGMENTS TO HELP GUIDE DECISION MAKING UNDER

 

 

UNCERTAINTY.

 

 

Q. NOW, ARE YOU TAKING ACTUAL DATA AND LOOKING AT IT

 

 

FOR ITS CREDIBILITY?

 

 

A. IN THE COURSE?

 

 

Q. YEAH.

 

 

A. NO.

 

 

Q. OKAY. I THINK OF -- IN MY MIND, I THINK OF TWO --

 

 

YOU KNOW, WHEN YOU HEAR ABOUT DECISION MAKING,

 

 

THERE'S THIS BODY OF WORK WHERE YOU -- SOMETHING

 

 

CALLED DECISION TREES AND THOSE KINDS OF THINGS.

 

 

A. YES, THAT'S PART OF IT. THAT'S CORRECT.

 

 

Q. DO YOU -- IS THAT PART OF YOURS, AS WELL?

 

 

A. UH-HUH (YES).

 

 

Q. NOW, I DON'T THINK OF THAT AS BEING PARTICULARLY

 

 

MATHEMATICAL.

DR. RECKHOW VOLUME I PAGE 14

 

 

A. NO, NO.

 

 

Q. SO, PART OF YOUR COURSE WORK IS -- PART OF YOUR

 

 

WORK IS -- WOULD BE IN DEALING WITH SUBJECTIVE

 

 

EVALUATION.

 

 

A. JUDGMENTAL PROBABILITIES AND PREFERENCES, WHICH

 

 

ARE VERY LIKELY TO REFLECT JUDGMENTS.

 

 

Q. OKAY. DOES PART OF IT ALSO DEAL WITH MATHEMATICAL

 

 

APPROACHES TO THIS SAME SUBJECT MATTER?

 

 

A. PART OF THE CLASSES I TEACH?

 

 

Q. YES. RIGHT.

 

 

A. TO A LIMITED DEGREE, YES.

 

 

Q. IN TERMS OF FIVE PERCENT SIGNIFICANT PROBABILITY

 

 

AND THINGS LIKE THAT? DOES THAT -- YOU GET INTO

 

 

THAT AREA IN THIS COURSE?

 

 

A. NO. THAT WOULD -- THAT'S -- ALTHOUGH, WE HAVE IN

 

 

THE PAST -- HYPOTHESIS TESTING, YOU'RE REFERRING

 

 

TO?

 

 

Q. RIGHT.

 

 

A. AND I HAVEN'T IN THE LAST TWO YEARS. IT IS

 

 

CONSIDERED ONE OF THE QUANTITATIVE COURSES IN THE

 

 

SCHOOL THAT PROFESSIONAL STUDENTS CHOOSE FROM.

 

 

Q. NOW, WHAT IS CONSIDERED A QUANTITATIVE, YOUR

 

 

COURSE?

 

 

A. THE DECISION THEORY AND RISK ANALYSIS COURSE.

DR. RECKHOW VOLUME I PAGE 15

 

 

Q. OKAY. AND WHAT DO YOU MEAN, IT'S CONSIDERED A

 

 

QUANTITATIVE COURSE?

 

 

A. WELL, THERE ARE CERTAIN COURSES THAT ARE

 

 

IDENTIFIED IN A SET OF COURSE OPTIONS THAT ARE

 

 

MORE QUANTITATIVE IN NATURE, AND IT IS ONE OF

 

 

THOSE. IT IS NOT HEAVILY MATHEMATICAL, THOUGH I

 

 

DO ASSIGN PROBLEM SETS. SO, THERE ARE

 

 

CALCULATIONS MADE IN THE COURSE OF THE COURSE.

 

 

Q. OKAY. HAS ANY OF THE WORK THAT YOU'VE DONE IN

 

 

THIS CASE BEEN A TYPE MATERIAL THAT YOU WOULD HAVE

 

 

COVERED IN THIS CLASS?

 

 

A. BY "IN THIS CASE," YOU MEAN?

 

 

Q. THE EVERGLADES LITIGATION.

 

 

A. I'M TRYING TO THINK. NOT THIS YEAR. LAST YEAR, I

 

 

TALKED ABOUT DECISION MAKING IN THE EVERGLADES

 

 

JUST IN A VERY GENERAL SENSE. JUST---

 

 

Q. OKAY. MAYBE MY QUESTION WASN'T CLEAR. WE'LL GET

 

 

INTO THIS LATER IN TERMS OF WHAT YOUR ASSIGNMENT

 

 

HAS BEEN IN THIS PARTICULAR CASE. WHEN I SAY

 

 

"THIS CASE," DO YOU UNDERSTAND I MEAN THE SWIM

 

 

CHALLENGE AND THE ENTIRE RESTORATION ISSUES

 

 

RELATING TO THE EVERGLADES?

 

 

A. THAT'S WHAT I'M THINKING IN TERMS OF, YES.

 

 

UH-HUH (YES).

DR. RECKHOW VOLUME I PAGE 16

 

 

Q. OKAY. ALL RIGHT. NOW, WHAT I'M INTERESTED TO

 

 

KNOW IS, HAVE YOU DONE ANY WORK IN THIS CASE THAT

 

 

YOU COULD POINT TO SOMETHING IN YOUR COURSE

 

 

THAT---

 

 

A. OH, I SEE. I LOOKED THE OTHER WAY, YEAH.

 

 

Q. ---YOU DRAW UPON -- THE PRINCIPLES. YOU LOOKED

 

 

THE OTHER WAY, EXACTLY.

 

 

A. YEAH. CERTAIN -- NOT FOR THE PROJECT THAT

 

 

INVOLVES THIS GROUP. NOW, YOU -- SO, NO, NOT FOR

 

 

THAT -- THIS PROJECT THAT SONG AND I ARE WORKING

 

 

ON.

 

 

Q. OKAY. AND YOU HAVEN'T USED A DECISION TREE

 

 

ANALYSIS, FOR INSTANCE, ON ANY EVERGLADES RELATED

 

 

SUBJECT?

 

 

A. WELL, YOU'RE BROADENING IT BECAUSE---

 

 

Q. OKAY.

 

 

A. ---WITH REGARDS TO THE WORK THAT I'M DOING FOR THE

 

 

SUGAR CANE COOPERATIVE, THE ANSWER IS NO.

 

 

Q. WHAT WOULD IT TAKE TO MAKE THE ANSWER YES? YOU'RE

 

 

ALWAYS THINKING ABOUT SOMETHING.

 

 

A. WELL, YOU ARE PROBABLY AWARE THAT I AM ALSO

 

 

WORKING FOR THE SOUTH FLORIDA WATER MANAGEMENT

 

 

DISTRICT.

 

 

Q. RIGHT.

DR. RECKHOW VOLUME I PAGE 17

 

 

A. OKAY. AND IN THE CONTEXT OF EXPERIENCES WITH THE

 

 

DISTRICT, PRIOR TO BEING INVOLVED IN THIS

 

 

PARTICULAR WORK, TO ANY DEGREE, I'VE THOUGHT OF

 

 

THE EVERGLADES ISSUE IN A DECISION ANALYTIC

 

 

CONTEXT AND DID LAY OUT A FRAMEWORK FOR THINKING

 

 

ABOUT THE EVERGLADES PROBLEM IN THE DECISION

 

 

ANALYSIS CLASS.

 

 

Q. OKAY. WOULD THAT BE REFLECTED IN YOUR NOTES THAT

 

 

THE STUDENTS CAN BUY?

 

 

A. NO, IT WASN'T. I GAVE A HANDOUT. IT WASN'T THIS

 

 

YEAR, BECAUSE I DIDN'T TALK ABOUT IT THIS YEAR AT

 

 

ALL. IT WAS LAST YEAR ABOUT HALFWAY THROUGH THE

 

 

SEMESTER. WHAT I OFTEN DO IS REALIZE THAT THE

 

 

STUDENTS ARE IN NEED OF REINFORCEMENT IN A

 

 

PARTICULAR AREA, AND I'LL CHANGE THE LECTURE, AND

 

 

I DID THAT LAST YEAR. AND, SO, I ADDED A HANDOUT

 

 

AND USED THAT EXAMPLE OF DECISION MAKING IN THE

 

 

EVERGLADES AS A CASE STUDY.

 

 

Q. CAN YOU GIVE ME A PARAGRAPH ABOUT WHAT THE HANDOUT

 

 

REFLECTED?

 

 

A. YEAH. IT WAS VERY GENERAL. IT SIMPLY IDENTIFIED

 

 

THE NATURE OF THE PROBLEM, THAT THERE WAS WATER

 

 

AND NUTRIENT COMING FROM THE NORTH AND FLOWING

 

 

INTO THE EVERGLADES. AND THERE WAS CONCERN WITH

DR. RECKHOW VOLUME I PAGE 18

 

 

REGARDS TO WHAT THE PHOSPHORUS LEVEL SHOULD BE IN

 

 

THE WATER FLOWING INTO THE EVERGLADES. AND I

 

 

DEVELOPED WHAT'S CALLED AN OBJECTIVES HIERARCHY

 

 

FOR THAT ANALYSIS, WHICH IDENTIFIES -- IT'S A

 

 

GRAPHICAL DEVICE THAT LOOKS LIKE A FLOWCHART, IN A

 

 

SENSE, TOP TO BOTTOM, AND HELPS A DECISION ANALYST

 

 

IDENTIFY SPECIFIC OBJECTIVES IN A PROBLEM. BEYOND

 

 

THAT, I CAN'T TELL YOU, BECAUSE I JUST DON'T

 

 

REMEMBER THE DETAILS. THE PURPOSE OF THE

 

 

EXERCISE, THOUGH, WAS TO CONVINCE STUDENTS THAT

 

 

THE MATERIAL THAT WE WERE TALKING ABOUT IN THE

 

 

CLASS, WHICH APPEARED TO BE SOMEWHAT ABSTRACT FROM

 

 

REAL WORLD PROBLEMS, MIGHT HELP US THINK ABOUT

 

 

REAL WORLD PROBLEMS; SO, I JUST BEGAN THE THINKING

 

 

ABOUT THAT PARTICULAR PROBLEM. THE SPECIFICS THAT

 

 

WE DISCUSSED, I DON'T REMEMBER.

 

 

Q. WE'RE STILL TALKING ABOUT YOUR DECISION THEORY, OF

 

 

COURSE.

 

 

A. YEAH, YEAH.

 

 

Q. OKAY. IS THAT HANDOUT STILL AVAILABLE?

 

 

A. I WOULD THINK -- PROBABLY SOMEWHERE IN MY NOTES,

 

 

YEAH.

 

 

Q. OKAY. ALL RIGHT. NOW, WITH REGARD TO YOUR WATER

 

 

QUALITY MANAGEMENT COURSE, WHAT DO YOU COVER,

DR. RECKHOW VOLUME I PAGE 19

 

 

GENERALLY, IN THAT COURSE?

 

 

A. THAT'S A BROAD COURSE INTENDED FOR BEGINNING

 

 

STUDENTS IN THE PROGRAM. AND IT COVERS AN

 

 

INTRODUCTION TO SCIENCE OF CONCERN TO SURFACE

 

 

WATER QUALITY MANAGEMENT, SOME BASIC BIOLOGY AND

 

 

CHEMISTRY CONCEPTS. IT MOVES TO A DISCUSSION AS

 

 

TO HOW LAND USE AFFECTS WATER QUALITY, POLLUTANTS

 

 

THAT MIGHT BE THOUGHT TO RUN OFF VARIOUS LAND USE

 

 

TYPES AND CATEGORIES. IT THEN MOVES TO AN

 

 

OVERVIEW OF FEDERAL REGULATIONS RELEVANT TO

 

 

SURFACE WATER QUALITY, AND THEN GOES INTO A FINAL,

 

 

FAIRLY LENGTHY SET OF TOPICS DEALING WITH WATER

 

 

QUALITY SIMULATION MODELING. THIS IS ALL AT A

 

 

VERY BASIC LEVEL.

 

 

Q. OKAY. IS THERE ANYTHING, SPECIFICALLY, IN YOUR

 

 

COURSE THAT YOU'VE DRAWN ON IN YOUR WORK IN THIS

 

 

CASE -- IN THAT PARTICULAR COURSE?

 

 

A. OH, IN THIS? WITH REGARDS AGAIN TO THE SUGAR CANE

 

 

COOPERATIVE AND THIS EXERCISE WITH SONG, NO; AND

 

 

WITH REGARDS TO THE EVERGLADES, NO.

 

 

Q. OKAY. NOW, YOUR LAST COURSE WAS ACTUALLY A

 

 

SEMINAR, MODELING. TELL ME WHAT YOU COVER IN THAT

 

 

COURSE OR THAT SEMINAR.

 

 

A. IN THAT COURSE, WE -- I START OUT BY GIVING A

DR. RECKHOW VOLUME I PAGE 20

 

 

SERIES OF LECTURES DEALING WITH WHAT'S CALLED

 

 

MECHANISTIC MODELING; MODELS THAT ARE BASED ON

 

 

SCIENTIFIC UNDERSTANDING RELATING POLLUTANT INPUT

 

 

TO WATER QUALITY, PARTICULARLY, IN LAKES, BUT ALSO

 

 

IN RIVERS. AND, IN ADDITION, I TALK ABOUT

 

 

STATISTICAL ISSUES, NOTABLY, TREND ANALYSIS. AND

 

 

THEN, THAT FOLLOWS -- THAT'S FOLLOWED BY STUDENT

 

 

PRESENTATION -- STUDENT SEMINARS ON TOPICS THAT

 

 

THEY CHOOSE TO WORK ON.

 

 

Q. IN THE LAST TWO OR THREE YEARS, HAVE ANY STUDENTS

 

 

WORKED SPECIFICALLY ON TOPICS RELATING TO THE

 

 

EVERGLADES SITUATION?

 

 

A. YES. CONRAD LAMON, A Ph.D. STUDENT OF MINE, WHO

 

 

WORKED DURING THE SUMMER FOR THE SOUTH FLORIDA

 

 

WATER MANAGEMENT DISTRICT, USED A MODELING TOOL

 

 

CALLED "STELLA" TO LOOK AT -- I BELIEVE LOOK AT

 

 

PHOSPHORUS AND WATER MOVEMENT IN WCA-2A.

 

 

Q. "STELLA" -- IS THAT AN ACRONYM?

 

 

A. I CAN'T RECALL.

 

 

Q. OKAY. WHAT WAS THE PURPOSE OF THIS PARTICULAR

 

 

EXERCISE?

 

 

A. IT WAS MAINLY TO GAIN EXPERIENCE IN A MODELING

 

 

APPROACH THAT GAVE HIM FAMILIARITY WITH THE

 

 

TECHNIQUE ON THE MACINTOSH, STELLA, AND EXPERIENCE

DR. RECKHOW VOLUME I PAGE 21

 

 

IN WRITTEN AND ORAL PRESENTATION.

 

 

Q. OKAY. DID THAT ULTIMATELY COME TO ANY FORMAL

 

 

PRESENTATION IN WRITING OR---

 

 

A. HE WROTE A FINAL REPORT FOR THE CLASS, YEAH.

 

 

Q. OKAY. AND, SO, YOU HAVE A COPY OF THAT, FOR

 

 

INSTANCE?

 

 

A. NO. NO.

 

 

Q. OKAY. WAS THERE ANYTHING IN HIS WORK THAT

 

 

YOU HAVE USED OR RELIED ON OR IN ANY WAY

 

 

CONSIDERED?

 

 

A. NO. NO.

 

 

Q. WHY IS THAT?

 

 

A. IT'S JUST, I GUESS, A COUPLE OF REASONS. I WASN'T

 

 

THINKING, AT THE TIME, OF GOING THROUGH IT FOR THE

 

 

PURPOSE OF GLEANING THINGS OUT FOR THIS WORK. AND

 

 

MY RECOLLECTION IS THAT IT DIDN'T LEAD TO ANYTHING

 

 

THAT WOULD BE OF VALUE IN THOSE TERMS. IT WAS A

 

 

GOOD EDUCATIONAL EXERCISE FOR HIM.

 

 

Q. UH-HUH (YES). WHAT WAS HIS HYPOTHESIS OR WHAT WAS

 

 

HE TRYING TO FIND OUT?

 

 

A. I CAN'T RECALL, BUT I DON'T BELIEVE WE SET IT UP

 

 

IN TERMS OF AN HYPOTHESIS. I LOOKED AT IT FOR

 

 

HIM AS AN EXPERIENCE IN WORKING WITH A MODELING

 

 

TOOL.

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DR. RECKHOW VOLUME I PAGE 22

 

 

Q. OKAY. ALL RIGHT. WHAT DO YOU MEAN WHEN YOU USE

 

 

THE TERM "MODEL"?

 

 

A. I TEND TO USE IT AS HAVING AN IMPLIED MATHEMATICAL

 

 

IN FRONT OF IT. AND I TEND TO REFER TO A MODEL

 

 

THAT SIMULATES OR DESCRIBES, AS OPPOSED TO ONE

 

 

THAT OPTIMIZES. AND, THEREFORE, AS A RULE, WHEN I

 

 

USE THE WORD "MODEL," I'M REFERRING TO AN EQUATION

 

 

OR SET OF EQUATIONS THAT ARE USED TO DESCRIBE

 

 

SOMETHING, SUCH AS THE -- THE POLLUTANT

 

 

TRANSPORTING FEE.

 

 

Q. NOW, YOU SAID THAT THE -- YOU LOOKED AT MODELS

 

 

THAT SIMULATE RATHER THAN OPTIMIZE.

 

 

A. YES.

 

 

Q. WHAT -- DESCRIBE FOR ME A MODEL THAT WOULD

 

 

OPTIMIZE. WHAT DO YOU MEAN BY THAT?

 

 

A. BY THAT, I MEAN A MODEL THAT MIGHT BE USED TO

 

 

MINIMIZE THE COST OF WASTEWATER TREATMENT SUBJECT

 

 

TO A CONSTRAINT, SUCH AS ALLOWABLE DISCHARGE.

 

 

Q. OKAY. CAN YOU GIVE ME AN EXAMPLE OF EACH THAT

 

 

WOULD DEMONSTRATE THE DIFFERENCE?

 

 

A. YES. A SIMULATION MODEL IS ONE THAT MIGHT HAVE AS

 

 

INPUT TO THE MODEL POLLUTANT LOADING AND MIGHT

 

 

PREDICT POLLUTANT CONCENTRATION IN A WATER BODY

 

 

OF INTEREST. AND, THEREFORE, IT MIGHT BE USED TO

DR. RECKHOW VOLUME I PAGE 23

 

 

EVALUATE SCENARIOS LEADING TO VARIOUS POLLUTANT

 

 

LOADS.

 

 

Q. SO, THAT YOU WOULD ASSUME A CERTAIN AMOUNT OF

 

 

WHATEVER POLLUTANT YOU'RE DEALING WITH WAS

 

 

INTRODUCED INTO A BODY OF WATER?

 

 

A. (NODS AFFIRMATIVELY.)

 

 

Q. WOULD THAT BE IN TERMS OF A LOAD OR IN TERMS OF

 

 

CONCENTRATION?

 

 

A. IT COULD BE EITHER.

 

 

Q. OKAY. AND THEN, YOUR MODEL WOULD BE A SERIES OF

 

 

EQUATIONS THAT WOULD---

 

 

A. OR A SINGLE EQUATION.

 

 

Q. ---OR A SINGLE EQUATION, THAT WOULD TELL YOU WHAT

 

 

YOU CAN EXPECT, WHERE, AT THE END -- AT THE OTHER

 

 

END OF THE BODY OF WATER GOING OUT OR---

 

 

A. IT DEPENDS ON THE MODEL. IT COULD BE WITHIN THE

 

 

WATER BODY AT THE OUTLET. IT WOULD DEPEND ON THE

 

 

MODEL.

 

 

Q. OKAY. AND WHAT -- HOW, THEN, WOULD YOU USE THIS

 

 

MODEL? OR, AT THIS POINT, YOU'RE NOT INTERESTED

 

 

IN USING IT; YOU'RE JUST INTERESTED IN FINDING OUT

 

 

WHAT HAPPENS. IS THAT FAIR TO SAY?

 

 

A. WELL, IT WOULD DEPEND ON THE SITUATION. IF I WAS

 

 

TO USE THE MODEL, I MIGHT USE IT TO EVALUATE

DR. RECKHOW VOLUME I PAGE 24

 

 

VARIOUS SCENARIOS OF POLLUTANT INPUT THAT MIGHT BE

 

 

ASSOCIATED WITH VARIOUS MANAGEMENT PLANS.

 

 

Q. OKAY. SO, YOU'D PLAY AROUND WITH THE LOAD GOING

 

 

IN PERHAPS OR---

 

 

A. YES.

 

 

Q. ---SOME OF THE CONDITIONS THAT EXIST IN THE BODY

 

 

OF WATER---

 

 

A. YES.

 

 

Q. ---TO FIND OUT HOW THOSE THINGS MIGHT AFFECT THE

 

 

RESULT?

 

 

A. YES.

 

 

Q. OKAY. NOW, GIVE ME AN EXAMPLE OF A MODEL THAT

 

 

WOULD OPTIMIZE.

 

 

A. A MODEL THAT WOULD OPTIMIZE OFTEN INVOLVES, AS I

 

 

MENTIONED A MOMENT AGO, MAXIMIZING OR MINIMIZING

 

 

THIS -- THE EXAMPLE I GAVE A MOMENT AGO CONCERNED

 

 

USING IT TO MINIMIZE COSTS; IDENTIFY, PERHAPS --

 

 

IF WE WERE USING IT FOR, LET'S SAY, DESIGN OF A

 

 

WASTEWATER TREATMENT PLANT, DETERMINING WHAT

 

 

DESIGN FACTORS -- WATER LOAD, POLLUTANT LOAD;

 

 

OTHER DESIGN FACTORS THAT WOULD BE AVAILABLE -- TO

 

 

IDENTIFY THE DESIGN FACTORS THAT WOULD LEAD TO A

 

 

MINIMUM COST MANAGEMENT SOLUTION, OFTEN SUBJECT TO

 

 

CONSTRAINTS; AND CONSTRAINTS COULD BE ALLOWABLE

DR. RECKHOW VOLUME I PAGE 25

 

 

DISCHARGE CONCENTRATIONS OF CONTAMINANTS OF

 

 

CONCERN.

 

 

Q. SO, YOU'D PLUG THAT IN, IN EFFECT, AS A GIVEN OR

 

 

AS A REQUIREMENT---

 

 

A. YES.

 

 

Q. ---FOR THE END?

 

 

A. YOU HAVE TO MEET THESE CONCENTRATIONS OF

 

 

BIOCHEMICAL OXYGEN DEMAND, FOR EXAMPLE.

 

 

Q. AND THEN -- SO, THEN, YOU WOULD -- YOU WOULD PUT

 

 

IN WHAT'S COMING IN AT THE OTHER -- AT THE

 

 

BEGINNING AND DEAL WITH WAYS TO MEET THE

 

 

CONCLUSION THAT YOU WANT TO REACH?

 

 

A. WITH THE OBJECTIVE OF -- IN THAT PARTICULAR CASE

 

 

THAT I SET OUT -- MINIMIZE -- IDENTIFYING A DESIGN

 

 

THAT MINIMIZES COST.

 

 

Q. HOW LONG HAVE PEOPLE BEEN USING THIS MODELING

 

 

APPROACH IN THE WATER QUALITY AREA?

 

 

A. I CAN ONLY GUESS ON THAT. SIMULATION MODELING FOR

 

 

SURFACE WATER QUALITY GOES BACK TO THE MID-20'S,

 

 

LOOKING AT DISSOLVED OXYGEN IN STREAMS.

 

 

OPTIMIZATION MODELS MAY GO BACK JUST TO THE EARLY

 

 

'60'S, BUT I'M NOT SURE.

 

 

Q. PROBABLY BECAUSE THAT'S WHEN PEOPLE GOT INTERESTED

 

 

IN DOING SOMETHING ABOUT IT, I GUESS.

DR. RECKHOW VOLUME I PAGE 26

 

 

A. YEAH, YEAH, YEAH.

 

 

Q. OKAY. THAT WOULD MAKE SENSE. IS THIS APPROACH TO

 

 

MODELING USED IN OTHER AREAS, AS WELL?

 

 

A. THE SIMULATION MODELING, YES.

 

 

Q. CAN YOU GIVE ME SOME EXAMPLES?

 

 

A. I'M MUCH LESS FAMILIAR---

 

 

Q. SURE.

 

 

A. ---WITH OTHER AREAS, AND I'M MORE FAMILIAR WITH

 

 

SIMULATION THAN WITH OPTIMIZATION. SIMULATION

 

 

MODELING IS USED, FOR EXAMPLE, TO DESCRIBE THE

 

 

EFFECTIVE AIR QUALITY POLLUTANT CONTROLS ON

 

 

STACKS -- ON EMITTERS, ON AMBIENT AIR

 

 

CONCENTRATIONS AT SOME POINT OF INTEREST.

 

 

Q. CAN YOU THINK OF ONE TOTALLY OUTSIDE THE POLLUTION

 

 

AREA?

 

 

MS. STINSON: OBJECT TO THE QUESTION

 

 

ON THE GROUNDS OF RELEVANCE. YOU CAN

 

 

ANSWER.

 

 

MR. REID: THOSE OBJECTIONS ARE

 

 

PRESERVED. GO AHEAD.

 

 

A. WHAT---

 

 

MS. STINSON: YOU MAY ANSWER.

 

 

WITNESS: I MAY ANSWER? OKAY.

 

 

MS. STINSON: IF YOU CAN.

DR. RECKHOW VOLUME I PAGE 27

 

 

MR. REID: OBVIOUSLY, I DON'T WANT

 

 

HIM TO ANSWER IF -- I'LL JUST SAY THIS FOR

 

 

THE REST OF THE DEPOSITION -- IF YOU DON'T

 

 

KNOW, DON'T ANSWER.

 

 

WITNESS: I---

 

 

MS. STINSON: YOU'RE NOT REQUIRED TO

 

 

SPECULATE---

 

 

A. OKAY. WELL, I GUESS I---

 

 

MS. STINSON: ---IF YOU DON'T KNOW.

 

 

WITNESS: OKAY.

 

 

A. ---I'M SURE THEY ARE USED. I JUST -- I HAVE NO

 

 

EXPERIENCE.

 

 

Q. YOU CAN'T NAME---

 

 

A. NO, I CAN'T IDENTIFY SPECIFICALLY.

 

 

Q. OKAY. WHAT WOULD BE THE ALTERNATIVE TO SOMEONE IN

 

 

YOUR POSITION TO USING THE MODELING TECHNIQUES?

 

 

A. FOR WHAT PURPOSE?

 

 

Q. FOR -- ASSUMING YOU WANT TO REACH THE SAME

 

 

CONCLUSION; FOR THE SAME REASON YOU'RE DOING

 

 

MODELING. ARE THERE OTHER ALTERNATIVE MEANS OF

 

 

REACHING THE SAME RESULT?

 

 

A. CERTAINLY.

 

 

Q. OKAY. AND WHAT ARE SOME OF THOSE?

 

 

A. EXPERT JUDGMENT.

DR. RECKHOW VOLUME I PAGE 28

 

 

Q. OKAY. YOU COULD ALSO GO OUT AND JUST TAKE

 

 

SAMPLES, COULDN'T YOU?

 

 

A. WELL, THE SCENARIO THAT IT STRIKES ME A SIMULATION

 

 

MODEL IS USEFUL FOR IS PREDICTIVE AND SAMPLES

 

 

REFLECT CURRENT SITUATION OF THE PAST.

 

 

Q. ARE THERE OTHER TECHNIQUES FOR PREDICTING THE

 

 

FUTURE BESIDES MODELING?

 

 

A. EXPERT JUDGMENT, AGAIN.

 

 

Q. ASIDE FROM THAT?

 

 

A. I THINK, GIVEN THE WAY WE HAVE DEFINED MODELING AS

 

 

SIMULATION MODELING AND GIVEN THE BREADTH OF

 

 

COVERAGE OF EXPERT JUDGMENT, IT'S HARD --

 

 

IMMEDIATELY, I CAN'T THINK OF ANYTHING THAT WOULD

 

 

CLEARLY NOT FIT UNDER ONE CATEGORY OR THE OTHER.

 

 

Q. WHERE WOULD THINGS SUCH AS TREND ANALYSES FALL?

 

 

A. TREND ANALYSIS IS A MODELING TECHNIQUE. IT'S A

 

 

STATISTICAL TECHNIQUE. IT, GENERALLY, IS THOUGHT

 

 

OF AS RETROSPECTIVE. YOU'RE LOOKING AT THE PAST.

 

 

Q. AS A WAY TO PREDICT THE FUTURE?

 

 

A. NOT NECESSARILY.

 

 

Q. OKAY. SO HOW ABOUT A REGRESSION ANALYSIS? WOULD

 

 

THAT BE THE SAME THING?

 

 

A. NO. IT WOULD DEPEND ON WHAT YOU WERE REGRESSING.

 

 

Q. OKAY. HOW WOULD YOU -- WOULD THAT -- COULD THAT

DR. RECKHOW VOLUME I PAGE 29

 

 

BE USED AS A PREDICTIVE---

 

 

A. CERTAINLY.

 

 

Q. ---APPROACH? HOW WOULD YOU USE IT AS A PREDICTIVE

 

 

APPROACH?

 

 

A. IN MANY WAYS.

 

 

Q. IN THE WATER QUALITY CONTEXT THAT WE'RE TALKING

 

 

ABOUT HERE.

 

 

A. BUT EVEN WITHIN THE WATER QUALITY CONTEXT, IN MANY

 

 

WAYS.

 

 

Q. WELL, LET'S GO BACK TO YOUR MODEL -- THE EXAMPLE

 

 

YOU GAVE ME FOR YOUR MODEL.

 

 

A. UH-HUH (YES).

 

 

Q. IN THAT SPECIFIC SITUATION, WOULD YOU USE -- COULD

 

 

YOU USE REGRESSION ANALYSIS?

 

 

A. CERTAINLY. YOU COULD -- IF YOU HAD DATA, LET'S

 

 

SAY, ON POLLUTANT INPUT ON RESPONSE OF CONCERN AND

 

 

ON FACTORS THAT RELATE TO HOW THE POLLUTANT INPUT

 

 

IS CONVERTED INTO THE RESPONSIVE CONCERN, SAY, THE

 

 

CONCENTRATION, YOU COULD USE THOSE DATA AND

 

 

REGRESSION ANALYSIS TO FIT A MODEL TO ALLOW YOU TO

 

 

PREDICT THAT RESPONSIVE CONCERN -- THE

 

 

CONCENTRATION AS A FUNCTION OF THE INPUT AND THE

 

 

OTHER FACTORS THAT ARE IMPORTANT. AND THAT MODEL

 

 

COULD WELL BE USED IN A PREDICTIVE SENSE.

DR. RECKHOW VOLUME I PAGE 30

 

 

Q. I GUESS I'M HAVING A LITTLE TROUBLE UNDERSTANDING.

 

 

WHEN YOU MAKE THE DISTINCTION BETWEEN JUDGMENT OR

 

 

EVALUATING THE PRESENT AND THE PAST---

 

 

A. UH-HUH (YES).

 

 

Q. ---AS OPPOSED TO WHAT YOU WERE TALKING ABOUT A

 

 

MINUTE AGO IN THE MODELING, AREN'T YOU, IN EFFECT,

 

 

USING PRESENT AND PAST DATA TO---

 

 

A. THE DIFFERENCE -- YOU REFERRED---

 

 

Q. ---CREATE YOUR MODEL?

 

 

A. ---TO TREND ANALYSIS. TREND ANALYSIS IS SIMPLY

 

 

LOOKING AT A -- IF WE CONFINE IT TO ONE VARIABLE

 

 

OR SEVERAL ONE-VARIABLE ANALYSES, IT'S SIMPLY

 

 

LOOKING AT HOW LEVELS OF THAT VARIABLE HAVE

 

 

TRACKED OVER TIME. IT HAS NOTHING THAT IS

 

 

CORRELATIVE WITH REGARDS TO RELATING IT TO ANOTHER

 

 

VARIABLE.

 

 

Q. MEANING THE NEXT ONE, THE FUTURE?

 

 

A. NO, MEANING THE LOADING. IN OTHER WORDS, WE COULD

 

 

DO A TREND OF LOADING OVER TIME. WE COULD DO A

 

 

TREND OF IN-LAKE CONCENTRATION OVER TIME. WHAT

 

 

THE REGRESSION IS DOING IS LINKING THOSE TWO.

 

 

Q. OKAY. NOW, IN YOUR -- STRIKE THAT.

 

 

(THEREUPON, THERE WAS AN

 

 

OFF-THE-RECORD DISCUSSION

DR. RECKHOW VOLUME I PAGE 31

 

 

WHICH WAS NOT REPORTED

 

 

BY THE COURT REPORTER.)

 

 

WITNESS: I WONDER IN ABOUT TEN OR

 

 

FIFTEEN MINUTES IF WE CAN TAKE A BREAK---

 

 

MR. REID: OKAY. SURE.

 

 

WITNESS: ---SO I CAN HAVE A SANDWICH?

 

 

MR. REID: OKAY.

 

 

EXAMINATION BY MR. REID CONTINUES:

 

 

Q. I'VE LOOKED AT YOUR RESUME, AND I WANTED TO ASK

 

 

YOU SOME QUESTIONS ABOUT SOME THINGS THERE. YOUR

 

 

UNDERGRADUATE DEGREE FROM CORNELL IS LISTED AS

 

 

ENGINEERING PHYSICS. WHAT SPECIFIC AREAS DID YOU

 

 

FOCUS ON?

 

 

A. I DIDN'T FOCUS, ACTUALLY, OTHER THAN --

 

 

ENGINEERING DEGREES ARE HIGHLY STRUCTURED AND YOU

 

 

HAVE RELATIVELY FEW OPTIONS. AND I TOOK THE

 

 

STANDARD CURRICULUM IN ENGINEERING PHYSICS.

 

 

Q. OKAY. WHAT DID YOU EXPECT TO DO WITH THAT DEGREE

 

 

OR -- GO TO SCHOOL SOME MORE, OBVIOUSLY.

 

 

A. YEAH.

 

 

Q. NO, BUT I'M TALKING ABOUT, YOU KNOW, WERE YOU

 

 

GOING TO BUILD BUILDINGS?

 

 

A. YEAH. I DIDN'T -- I HONESTLY DIDN'T---

 

 

Q. WERE YOU GOING TO CONSTRUCT WETLANDS OR---

DR. RECKHOW VOLUME I PAGE 32

 

 

A. ---KNOW. I WAS NOT, AT THAT TIME, TERRIBLY

 

 

THOUGHTFUL ABOUT WHERE I WAS HEADED WITH MY

 

 

PROGRAM. IT LOOKED INTERESTING, AND I WENT INTO

 

 

IT.

 

 

Q. OKAY. DID YOU HAVE ANY WORK IN YOUR UNDERGRADUATE

 

 

DEGREES THAT DEALT WITH WATER QUALITY

 

 

CONSIDERATIONS?

 

 

A. NO.

 

 

Q. ANYTHING AT ALL THAT RELATES TO WHAT YOU'RE DOING

 

 

NOW, DIRECTLY?

 

 

A. NOT DIRECTLY.

 

 

Q. OKAY. I MEAN, OBVIOUSLY, IT, I UNDERSTAND,

 

 

GENERALLY---

 

 

A. YEAH. IT ALL RELATES, YEAH.

 

 

Q. ---IT ALL RELATES AT SOME LEVEL, BUT---

 

 

A. YEAH.

 

 

Q. ---I'M TALKING ABOUT SPECIFICALLY.

 

 

A. NO.

 

 

Q. OKAY. NOW, WHAT LED YOU TO HARVARD INTO

 

 

ENVIRONMENTAL SCIENCE?

 

 

A. IN MY SENIOR YEAR AT CORNELL, FALL SEMESTER, I

 

 

REALIZED THAT ENGINEERING PHYSICS WAS NOT FOR ME

 

 

AS A CAREER. AND I WENT OVER TO THE CIVIL

 

 

ENGINEERING DEPARTMENT AND MET SOME FACULTY AND

DR. RECKHOW VOLUME I PAGE 33

 

 

INQUIRED ABOUT BECOMING INVOLVED WITH PROJECTS IN

 

 

THE ENVIRONMENTAL SCIENCES. AND WHAT STIMULATED

 

 

ME TO LOOK INTO ENVIRONMENTAL SCIENCES, I DON'T

 

 

RECALL. BUT I SUSPECT IT HAD SOMETHING TO DO WITH

 

 

EARTH DAY. AND I MET A PROFESSOR, CHARLES

 

 

REVELLE, WHO WAS WORKING ON SOLID WASTE RECYCLE,

 

 

SPECIFICALLY, JUNK CARS. AND IT WAS FORTUITOUS.

 

 

HE WAS LOOKING FOR SOME HELP ON A PROJECT. AND HE

 

 

INVOLVED ME ON A PROJECT. I BECAME INTERESTED IN

 

 

IT, AND WE DEVELOPED A GOOD WORKING AND PERSONAL

 

 

RAPPORT. I DECIDED ENVIRONMENTAL SCIENCES WAS A

 

 

CAREER THAT I WANTED TO PURSUE OR, AT LEAST,

 

 

EXPLORE MORE. AND HE GUIDED ME IN THE DIRECTION

 

 

OF GRADUATE PROGRAMS. AND SO I APPLIED TO SEVERAL

 

 

AND CHOSE HARVARD.

 

 

Q. OKAY. NOW, IN YOUR WORK FOR YOUR MASTER'S, DID

 

 

YOU DEAL WITH ANY AREAS THAT YOU NOW DEAL WITH IN

 

 

WHAT YOU'RE DOING AND WHAT YOU'RE HERE ABOUT?

 

 

A. WHEN I STARTED AT HARVARD, I INTENDED TO GO INTO

 

 

SOLID WASTE RECYCLE BECAUSE OF THAT -- BECAUSE

 

 

THAT'S WHAT I HAD BEEN EXPOSED TO. AND THE MASTER

 

 

OF SCIENCE, OR S.M. DEGREE, AT HARVARD IS HANDED

 

 

TO YOU AFTER A YEAR OF COURSE WORK; NO THESIS

 

 

REQUIREMENT. IT'S JUST -- I WAS IN A Ph.D.

DR. RECKHOW VOLUME I PAGE 34

 

 

PROGRAM. AND THAT WAS LITERALLY IN THE MAIL AFTER

 

 

A YEAR. SO, ALL I HAD DONE WAS TAKE ONE YEAR OF

 

 

COURSES. AND I DON'T RECALL AFTER ONE YEAR THAT I

 

 

HAD ANY PARTICULAR CHANGE IN CAREER DIRECTION AT

 

 

THAT TIME.

 

 

Q. OKAY. AND, AS YOU CONTINUED, AT SOME POINT YOU

 

 

DID, I ASSUME.

 

 

A. YES, I DID. I---

 

 

Q. AND WHERE -- WHEN DID THAT HAPPEN?

 

 

A. SOMETIME -- IT COULD HAVE OCCURRED IN THE SECOND

 

 

SEMESTER OF THAT FIRST YEAR. IT COULD HAVE

 

 

OCCURRED IN THE FIRST SEMESTER OF THE SECOND YEAR,

 

 

JUST AFTER THE S.M. DEGREE. I BECAME INTERESTED

 

 

IN WATER QUALITY; HAD TAKEN SOME COURSES DEALING

 

 

WITH CHEMISTRY AND BIOLOGY. AND THEN IN THE

 

 

SUMMER BETWEEN MY SECOND AND THIRD YEARS AT

 

 

HARVARD, I HAD A SUMMER JOB SUPPORTED THROUGH THE

 

 

APPALACHIAN MOUNTAIN CLUB ON LAKE WINNIPESAUKEE,

 

 

NEW HAMPSHIRE, DOING SOME WATER QUALITY SAMPLES.

 

 

AND THAT WAS QUITE INTERESTING TO ME AND REALLY

 

 

LED TO THE EMPHASIS IN WATER QUALITY.

 

 

Q. WHAT WERE YOU LOOKING FOR IN LAKE WINNIPESAUKEE?

 

 

A. JUST BACKGROUND DATA COLLECTION THAT WOULD AID THE

 

 

REGIONAL PLANNING AGENCY, LAKES REGION PLANNING

DR. RECKHOW VOLUME I PAGE 35

 

 

COMMISSION, IN UNDERSTANDING SOMETHING ABOUT HOW

 

 

THE DEVELOPMENT OCCURRING IN THE LAKE'S REGION WAS

 

 

AFFECTING WATER QUALITY.

 

 

Q. AND YOU WERE BASICALLY SAMPLING? WAS THAT THE

 

 

EXTENT OF THE WORK?

 

 

A. YEAH. I WAS SAMPLING. I WAS ALSO HELPING TO

 

 

WRITE SOME NON-TECHNICAL MATERIAL ON WATER QUALITY

 

 

CONCEPTS FOR THE LAYPERSON THAT THE PLANNING

 

 

COMMISSION COULD DISTRIBUTE TO HELP EXPLAIN WHY

 

 

THEY WERE CONCERNED ABOUT WATER QUALITY.

 

 

Q. AND SO, WHEN YOU CAME BACK TO HARVARD DID YOU

 

 

BEGIN TO TAKE COURSES IN THE -- RELATING TO WATER

 

 

QUALITY?

 

 

A. WELL, BY THAT TIME -- THE THIRD YEAR IS REALLY THE

 

 

POINT AT WHICH YOU SWITCH FROM EMPHASIS OF COURSE

 

 

WORK TO EMPHASIS ON RESEARCH. AND SO, WHEN I CAME

 

 

BACK TO HARVARD I TOOK MY QUALIFYING EXAM FOR THE

 

 

Ph.D. AND PRESENTED AT THAT EXAM SOME MATERIAL

 

 

DEALING WITH WATER QUALITY MODELING AS THE

 

 

DIRECTION -- PROPOSED DIRECTION FOR MY

 

 

DISSERTATION.

 

 

Q. WAS THAT RELATED TO THE WORK YOU HAD DONE IN THE

 

 

SUMMER OR A DIFFERENT WORK?

 

 

A. NOT REALLY -- WELL, IN THE SENSE THAT IT DEALT

DR. RECKHOW VOLUME I PAGE 36

 

 

WITH EUTROPHICATION. BUT THE SUMMER WORK INVOLVED

 

 

FIELD STUDIES IN NON-TECHNICAL WRITING; WHEREAS,

 

 

THE DISSERTATION WAS APT TO INVOLVE STATISTICAL

 

 

ANALYSIS AND MODELING.

 

 

Q. WHAT'S EUTROPHICATION?

 

 

A. NUTRIENT ENRICHMENT.

 

 

Q. AND WHAT DREW YOU TO THAT PARTICULAR TOPIC?

 

 

A. I CAN'T RECALL EXACTLY, BUT I THINK, LIKELY, THE

 

 

WORK IN NEW HAMPSHIRE, WHICH FOCUSED ON

 

 

EUTROPHICATION; COUPLED WITH THE FACT THAT THE

 

 

U.S. EPA WAS IN THE EARLY STAGES OF THE NATIONAL

 

 

EUTROPHICATION SURVEY, WHICH IS A MONITORING

 

 

PROGRAM THAT WAS -- THAT TOOK PLACE IN THE EARLY

 

 

'70'S THROUGHOUT THE COUNTRY MONITORING ROUGHLY

 

 

700 LAKES FOR NUTRIENT INPUTS AND NUTRIENT

 

 

CONCENTRATIONS IN THE LAKES. AND SO, THERE WAS

 

 

OPPORTUNITY TO GET AN EARLY LOOK AT A NATIONWIDE

 

 

DATA SET.

 

 

Q. WAS THERE ANY FOCUS ON PARTICULAR NUTRIENTS OR

 

 

JUST ON THE---

 

 

A. PHOSPHORUS AND, TO A MUCH LESSER DEGREE, NITROGEN.

 

 

Q. NOW, WHEN DID THE INTEREST IN PHOSPHORUS FIRST

 

 

DEVELOP THAT LED TO THIS PROGRAM THAT YOU

 

 

DESCRIBED? I MEAN, GENERALLY, NOT JUST IN YOUR

DR. RECKHOW VOLUME I PAGE 37

 

 

LIFE BUT---

 

 

A. OH, I THINK PROBABLY EITHER THROUGH COURSE WORK AT

 

 

HARVARD OR THE STUDY IN NEW HAMPSHIRE IT BECAME

 

 

CLEAR THAT PHOSPHORUS WAS A KEY MANAGEMENT

 

 

NUTRIENT FOR CONTROLLING EUTROPHICATION IN LAKES.

 

 

Q. OKAY. WHY DID ANYBODY CARE ABOUT EUTROPHICATION

 

 

IN LAKES?

 

 

A. VALUATION IN TERMS OF PUBLIC EXPERIENCE SEEMED TO

 

 

RELATE FAIRLY HEAVILY TO AESTHETICS CONDITIONS

 

 

THAT TIED INTO EUTROPHICATION. FLOATING ALGAL

 

 

BLOOMS WERE OBJECTIONABLE AQUATIC PLANTS; CHANGES

 

 

IN FISH SPECIES, DOMINANCE. ALL OF THOSE ARE

 

 

RELATED TO NUTRIENTS AND EUTROPHICATION AND PEOPLE

 

 

TENDED TO RESPOND TO THOSE AS MUCH AS TO ANYTHING

 

 

IN EVALUATION OF WATER QUALITY.

 

 

Q. WHEN DID THIS INTEREST IN EUTROPHICATION START?

 

 

A. IN GENERAL IN---

 

 

Q. IN GENERAL.

 

 

A. ---PUBLIC?

 

 

Q. YEAH, IN THE PUBLIC.

 

 

A. I CAN'T SAY FOR CERTAIN, BUT THERE WAS, CLEARLY,

 

 

QUITE A BIT OF CONCERN ABOUT -- PUBLICLY AND

 

 

FAIRLY WIDESPREAD ABOUT THE GREAT LAKES AND LAKE

 

 

ERIE IN THE MID-'60'S. AND THERE WAS CONCERN

DR. RECKHOW VOLUME I PAGE 38

 

 

ABOUT LARGE LAKES IN EUROPE ABOUT THAT TIME, AS

 

 

WELL.

 

 

Q. AND THAT WAS A EUTROPHICATION PROBLEM?

 

 

A. YES, YES.

 

 

Q. AS OPPOSED TO OTHER KINDS---

 

 

A. AS FAR AS---

 

 

Q. ---OF TOXIC POLLUTANTS?

 

 

A. YES, YES.

 

 

Q. OKAY. AND YOU BELIEVE THAT'S RELATED, IN PART, TO

 

 

THE AESTHETICS INVOLVED?

 

 

A. WELL, I THINK PUBLIC RESPONSE IS IN RELATION TO

 

 

AESTHETICS THAT TIE INTO EUTROPHICATION.

 

 

Q. IS IT WIDELY -- IS IT A WIDELY HELD VIEW THAT

 

 

EUTROPHICATION IS SOMETHING BAD?

 

 

A. IT'S NOT UNIVERSALLY HELD, I BELIEVE, BUT IT'S

 

 

WIDELY HELD, YES.

 

 

Q. DO YOU HOLD THAT VIEW?

 

 

A. IN A PERSONAL SENSE, NO.

 

 

Q. WHY NOT?

 

 

A. BECAUSE I HAVE EXPERIENCED DIFFERENT SITUATIONS

 

 

ENJOYING DIFFERENT ASPECTS OF WATER BODIES, SOME

 

 

OF WHICH ARE NOT EUTROPHIC AND SOME OF WHICH ARE.

 

 

Q. I DON'T UNDERSTAND.

 

 

A. WHEN I WAS IN NEW ENGLAND, I ENJOYED THE WATER

DR. RECKHOW VOLUME I PAGE 39

 

 

QUALITY AND THE WATER BODIES BECAUSE THEY WERE NOT

 

 

EUTROPHIC. THEY WERE CLEAR, CLEAN, VERY PLEASANT

 

 

WATER BODIES. WHEN I TAUGHT AT MICHIGAN STATE, WE

 

 

LIVED ON A SHALLOW, MAN-MADE POND THAT WAS HIGHLY

 

 

EUTROPHIC; BUT IT WAS WONDERFUL FOR LARGE-MOUTH

 

 

BASS FISHING.

 

 

Q. OKAY. SO, YOU BELIEVE IT'S A VALUE JUDGMENT IN

 

 

TERMS OF WHETHER EUTROPHICATION IS SOMETHING TO BE

 

 

DESIRED OR NOT.

 

 

A. YEAH, DESIRABILITY IS A VALUE JUDGMENT. THAT'S

 

 

RIGHT.

 

 

Q. AND YOUR VALUE JUDGMENT ON THAT IS THAT YOU DON'T

 

 

MIND EUTROPHICATION.

 

 

A. MY VALUE JUDGMENT IS, IT DEPENDS ON THE SITUATION.

 

 

Q. SO, IN SOME WATER BODIES YOU WOULD AGREE THAT

 

 

EUTROPHICATION IS A NEGATIVE AS OPPOSED TO A

 

 

POSITIVE?

 

 

A. CERTAINLY.

 

 

Q. HOW ABOUT THE EVERGLADES?

 

 

A. I DON'T HAVE A VALUE JUDGMENT THERE.

 

 

Q. WHY NOT?

 

 

A. I DON'T HAVE ENOUGH INFORMATION ON THAT SITUATION

 

 

TO HAVE A VALUE JUDGMENT.

 

 

Q. JUST SO I'M CLEAR, AS YOU SIT HERE TODAY, THEN,

DR. RECKHOW VOLUME I PAGE 40

 

 

YOU DON'T HAVE AN OPINION AS TO WHETHER

 

 

EUTROPHICATION OF THE EVERGLADES IS GOOD OR BAD?

 

 

A. THAT'S CORRECT.

 

 

Q. IS EUTROPHICATION OCCURRING IN THE EVERGLADES?

 

 

A. I DON'T KNOW.

 

 

MR. REID: OKAY. WHY DON'T YOU -- WE'LL

 

 

TAKE A MINUTE AND YOU CAN EAT A MOUTHFUL?

 

 

WITNESS: OKAY.

 

 

(THEREUPON, A SHORT

 

 

BREAK WAS TAKEN.)

 

 

EXAMINATION BY MR. REID:

 

 

Q. SOMETHING I WANTED TO ASK YOU TO FOLLOW UP TO THE

 

 

LAST THING YOU SAID. IN YOUR VIEW, WHAT -- HOW DO

 

 

YOU DESCRIBE A BODY OF WATER AS BEING EUTROPHIC?

 

 

A. I DON'T HAVE A DEFINITION OTHER THAN THE

 

 

SCIENTIFIC CLASSIFICATION SCHEME THAT'S

 

 

APPROPRIATE.

 

 

Q. OKAY. WHAT WOULD THAT BE?

 

 

A. I DON'T KNOW. IT VARIES FROM LOCATION TO

 

 

LOCATION.

 

 

Q. HOW IS IT DEFINED?

 

 

A. TERMS OF NUTRIENT CONCENTRATIONS; WATER CLARITY.

 

 

Q. SO -- AND NUTRIENT CONCENTRATIONS -- WOULD THAT BE

 

 

IN PARTS PER BILLION, FOR INSTANCE?

DR. RECKHOW VOLUME I PAGE 41

 

 

A. UH-HUH (YES). YES.

 

 

Q. AND DO YOU HAVE AN OPINION OR IS THERE -- WELL,

 

 

LET'S START BROADER. IS THERE SOME, GENERALLY,

 

 

ACCEPTED LEVEL OF PHOSPHORUS PARTS PER BILLION AT

 

 

WHICH SCIENTISTS WOULD SAY THAT A BODY OF WATER IS

 

 

EUTROPHIC?

 

 

A. NO.

 

 

Q. IS THAT BECAUSE IT VARIES FROM BODY TO BODY---

 

 

A. YES.

 

 

Q. ---THAT 10 PARTS PER BILLION MIGHT BE EUTROPHIC IN

 

 

ONE BODY OF WATER AND 200 PARTS PER BILLION MIGHT

 

 

BE IN ANOTHER?

 

 

A. THAT'S A POSSIBILITY, YEAH.

 

 

Q. DO YOU KNOW WHAT THE EVERGLADES WAS HISTORICALLY?

 

 

A. NO.

 

 

Q. NOW, YOUR RESEARCH FOR YOUR Ph.D. -- WE SORT OF

 

 

GOT SIDETRACKED. YOU INDICATED THAT YOU DEVELOPED

 

 

AN INTEREST IN THE SUBJECT OF EUTROPHICATION.

 

 

A. (NODS AFFIRMATIVELY.)

 

 

Q. AND WHAT WAS ACTUALLY THE SUBJECT MATTER OF YOUR

 

 

RESEARCH? WHAT DISSERTATION OR -- I GUESS IT'S

 

 

CALLED A DISSERTATION AT THAT LEVEL?

 

 

A. YES.

 

 

Q. OKAY.

†奅匮ഊഊ††††††††††儮†⁏䭁央ഌ

DR. RECKHOW VOLUME I PAGE 42

 

 

A. DEALT WITH STATISTICAL MODELS DESCRIBING

 

 

EUTROPHICATION RELATIONSHIPS.

 

 

Q. DID YOU FOCUS ON ANY PARTICULAR ACTUAL BODIES OF

 

 

WATER?

 

 

A. I USED THE NATIONAL EUTROPHICATION SURVEY DATA.

 

 

Q. SO, YOU FOCUSED ON BODIES OF WATER THROUGHOUT THE

 

 

COUNTRY?

 

 

A. YES.

 

 

Q. AND WHAT WERE YOU TRYING TO ACCOMPLISH WITH YOUR

 

 

DISSERTATION? I KNOW TO GET YOUR Ph.D. BUT---

 

 

A. YEAH, THAT'S RIGHT.

 

 

Q. ---BUT, YOU KNOW, IF YOU HAD TO TELL ME WHAT YOU

 

 

WERE TRYING TO PROVE OR DISPROVE OR---

 

 

A. I WAS TRYING TO---

 

 

Q. ---FIND OUT.

 

 

A. ---LEARN A SET OF METHODS AND DEVELOP GOOD

 

 

STATISTICAL MODELS.

 

 

Q. FOR WHAT?

 

 

A. DESCRIBING THE, AS I MENTIONED, EUTROPHICATION

 

 

RELATIONSHIPS.

 

 

Q. SO YOU LOOKED AT -- I'M INTERESTED IN HOW YOU WENT

 

 

ABOUT THIS. YOU TOOK ALL THE DATA THAT YOU FOUND.

 

 

AND I ASSUME THAT DATA WOULD BE THAT CERTAIN

 

 

BODIES OF WATER HAD CERTAIN PARTS PER BILLION OF

DR. RECKHOW VOLUME I PAGE 43

 

 

PHOSPHORUS, FOR INSTANCE.

 

 

A. (NODS AFFIRMATIVELY.)

 

 

Q. WOULD THAT BE THE ONLY DATA YOU WERE LOOKING AT

 

 

AS---

 

 

A. WE LOOKED AT A VARIETY OF DATA ON NUTRIENT INPUTS,

 

 

WATER INPUT, EUTROPHICATION MEASURES IN LAKES; AND

 

 

LOOKED AT RELATIONSHIPS.

 

 

Q. AND WHAT DID YOU CONCLUDE?

 

 

A. WASN'T A SINGLE CONCLUSION.

 

 

Q. SURE.

 

 

A. CONCLUDED THAT THERE WERE RELATIONSHIPS AMONG THE

 

 

EUTROPHICATION VARIABLES AND THESE WERE THE

 

 

RELATIONSHIPS WE FOUND.

 

 

Q. OKAY. CAN YOU GIVE ME SOME OF THOSE

 

 

RELATIONSHIPS?

 

 

A. NO.

 

 

Q. OF HOW MANY YOU'RE TALKING ABOUT?

 

 

A. GEE, I DON'T REMEMBER. WE LOOKED---

 

 

Q. HOW MANY---

 

 

A. ---AT SEVERAL, NOT---

 

 

Q. ---HOW MANY VARIABLES WERE YOU LOOKING AT?

 

 

A. I WAS LOOK -- I LOOKED AT AS MANY AS 30 OR 40

 

 

VARIABLES, AS I RECALL.

 

 

Q. AND ALL THESE ARE TRACKED BY THE NATIONAL

DR. RECKHOW VOLUME I PAGE 44

 

 

STATISTICS THAT YOU WERE LOOKING AT -- THOSE THAT

 

 

YOU WERE USING?

 

 

A. YEAH, THEY WERE ALL FROM THE NATIONAL

 

 

EUTROPHICATION SURVEY.

 

 

Q. YOU DIDN'T GO OUT AND DO ANY TESTING YOURSELF.

 

 

A. NO, I DIDN'T, NO.

 

 

Q. OKAY. WELL, WHAT WAS THE ULTIMATE CONTRIBUTION TO

 

 

THE FIELD THAT YOU THINK YOUR DISSERTATION MADE?

 

 

A. IT PROVIDED A SET OF STATISTICAL RELATIONSHIPS

 

 

DESCRIBING THESE VARIABLES AND THE ERRORS OF

 

 

PREDICTION.

 

 

Q. CAN YOU THINK OF ANY RELATIONSHIPS? I'M JUST --

 

 

BY WAY OF EXAMPLE, SO I HAVE A BETTER

 

 

UNDERSTANDING OF WHAT YOU WERE DOING.

 

 

A. UH-HUH (YES). PHOSPHORUS CONCENTRATION PREDICTED

 

 

AS A FUNCTION OF PHOSPHORUS LOADING, MEAN DEPTH

 

 

WATER RESIDENCE TIME.

 

 

Q. OKAY. AND WHAT WAS YOUR CONCLUSION THERE?

 

 

A. THERE WAS A RELATIONSHIP.

 

 

Q. OKAY. AND HOW WOULD YOU EXPECT YOUR WORK TO BE

 

 

USED BY OTHER SCIENTISTS?

 

 

A. I'D EXPECT THAT THE STATISTICAL MODELS WOULD BE

 

 

USED AS PREDICTIVE TOOLS.

 

 

Q. NOW, HAVE YOU USED ANY -- SPECIFICALLY, ANY OF

DR. RECKHOW VOLUME I PAGE 45

 

 

THAT DATA IN THE WORK THAT YOU'VE DONE IN THIS

 

 

CASE?

 

 

A. NO.

 

 

Q. DO YOU KNOW IF ANY OF YOUR COLLEAGUES THAT ARE

 

 

WORKING ON THIS AT DUKE WETLAND CENTER HAVE USED

 

 

ANY OF YOUR WORK?

 

 

A. I DOUBT IT VERY MUCH.

 

 

Q. NOW, WHY IS THAT? THAT WOULD SEEM TO RELATE TO

 

 

ME, SO MAYBE I'M MISSING SOMETHING.

 

 

A. I'M NOT SURE ANY OF THEM ARE AWARE OF THE NATIONAL

 

 

EUTROPHICATION SURVEY, SINCE IT WAS TWENTY YEARS

 

 

AGO. THIS DEALT WITH LAKES AND I JUST -- I DON'T

 

 

-- I HAVEN'T SHOWN IT TO THEM. I JUST DON'T KNOW

 

 

THAT THEY'D BE AWARE OF THE WORK.

 

 

Q. WOULD IT -- WOULD THE FACT THAT IT DEALT WITH

 

 

LAKES MEAN THAT IT WOULD HAVE NO APPLICATION TO

 

 

THE EVERGLADES?

 

 

A. NO, HUH-UH (NO).

 

 

Q. WHAT LEVEL OF APPLICATION DO YOU THINK IT WOULD

 

 

HAVE TO THE EVERGLADES?

 

 

A. I'M REALLY NOT SURE, BUT I JUST DON'T THINK THAT

 

 

THEY WOULD GO TO THAT LITERATURE TO ENHANCE THEIR

 

 

WORK ON THE EVERGLADES.

 

 

Q. NOW, WE'LL GET INTO IT, OBVIOUSLY, IN MORE DETAIL.

DR. RECKHOW VOLUME I PAGE 46

 

 

YOU'RE WORKING ON A MODEL IN THIS CASE.

 

 

A. OH, IN THIS CASE WITH THE---

 

 

Q. YES.

 

 

A. ---EVER -- YES.

 

 

Q. YEAH. AND I ASSUME THE MODEL HAS SOMETHING TO DO

 

 

WITH NUTRIENTS AND OTHER VARIABLES IN A -- THAT

 

 

ARE INCLUDED IN THE EVERGLADES IN THE PROCESS OF

 

 

EUTROPHICATION.

 

 

A. THAT'S CORRECT.

 

 

Q. BUT NONE OF YOUR WORK BEFORE, DEALING WITH THE

 

 

SAME SUBJECT MATTERS IN LAKES, IS PROVIDING YOU

 

 

ANY BASIS FOR WHAT YOU'RE DOING NOW?

 

 

A. IT'S PROVIDING ME WITH AN UNDERSTANDING THAT

 

 

VARIABLES SUCH AS NUTRIENT LOADING, MEAN DEPTH AND

 

 

WATER RESIDENCE TIME MIGHT BE IMPORTANT.

 

 

Q. BUT IT'S NOT TELLING YOU THAT THOSE VARIABLES

 

 

RELATE IN THE EVERGLADES THE SAME WAY THEY RELATED

 

 

IN YOUR RESEARCH OR IN THE LAKE SURVEY?

 

 

A. IT'S NOT TELLING ME THAT, NO, HUH-UH (NO). NO.

 

 

Q. BUT ARE YOU TRYING TO FIND THAT OUT OR---

 

 

A. NO, I DON'T THINK WE WOULD REFERENCE THAT WORK,

 

 

FOR EXAMPLE. I JUST THINK IT WOULD HAVE THAT

 

 

LITTLE APPLICABILITY.

 

 

Q. WHAT OTHER WORK DID YOU DO AT HARVARD THAT RELATES

DR. RECKHOW VOLUME I PAGE 47

 

 

TO WHAT YOU'RE NOW DOING?

 

 

A. WELL, OF COURSE, AS I MENTIONED, THAT WORK --

 

 

DISSERTATION RELATES IN A VERY LIMITED DEGREE.

 

 

Q. SURE. DID ANYTHING YOU DID AT HARVARD RELATE TO

 

 

WHAT YOU'RE DOING NOW, I GUESS, IS A BETTER

 

 

QUESTION?

 

 

A. I MEAN, YES, IN TERMS OF EVERYTHING SEEMS TO BE

 

 

RELATED TO EVERYTHING ELSE. BUT NO, IN TERMS OF

 

 

ANY SUBSTANTIVE RELATIONSHIP.

 

 

Q. UP THROUGH THE COMPLETION OF YOUR Ph.D., HAD YOU

 

 

DONE ANY WORK RELATED TO THE EVERGLADES?

 

 

A. NO.

 

 

Q. HAD YOU EVER BEEN IN THE EVERGLADES?

 

 

A. YES, HIGH SCHOOL VACATION.

 

 

Q. OKAY. ON YOUR WAY TO THE BEACH, I GUESS, RIGHT?

 

 

A. NO, NO. WOULD HAVE BEEN NICE, BUT, NO.

 

 

Q. WHEN YOU FINISHED OR -- STRIKE THAT. BETWEEN '72

 

 

AND '77 WERE YOU EMPLOYED?

 

 

A. YES.

 

 

Q. AND WHAT WERE YOU DOING DURING THAT TIME?

 

 

A. DURING THE SUMMER, AS I MENTIONED, I WORKED ON

 

 

THAT STUDY FUNDED BY THE APPALACHIAN MOUNTAIN

 

 

CLUB---

 

 

Q. UH-HUH (YES).

DR. RECKHOW VOLUME I PAGE 48

 

 

A. ---AND LAKES REGION PLANNING COMMISSION. AND I

 

 

CONTINUED THAT WORK WITH THE LAKES REGION PLANNING

 

 

COMMISSION RIGHT THROUGH GRADUATION.

 

 

Q. OKAY. ULTIMATELY, WHAT WAS THE RESULT OF THAT

 

 

WORK? WAS THERE SOMETHING PUBLISHED OR---

 

 

A. THEY PUBLISHED SEVERAL AGENCY REPORTS, AND I GUESS

 

 

THAT'S ABOUT IT IN TERMS OF THE NEW HAMPSHIRE

 

 

WORK.

 

 

Q. OKAY. I ASSUME NOTHING THAT YOU DID THERE RELATES

 

 

TO WHAT YOU'RE DOING NOW.

 

 

A. NO, IT DOESN'T. HUH-UH (NO).

 

 

Q. WHEN YOU FINISHED YOUR Ph.D., THEN, WHAT WAS YOUR

 

 

NEXT JOB?

 

 

A. I TAUGHT AT MICHIGAN STATE.

 

 

Q. AND FOR WHAT YEARS?

 

 

A. 1977 TO 1980.

 

 

Q. WHAT WAS YOUR TITLE?

 

 

A. I WAS AN ASSISTANT PROFESSOR IN THE DEPARTMENT OF

 

 

RESOURCE DEVELOPMENT.

 

 

Q. AND WHAT WAS THE DEPARTMENT OF RESOURCE

 

 

DEVELOPMENT?

 

 

A. IT'S A DEPARTMENT IN THE COLLEGE OF NATURAL

 

 

RESOURCES THAT INCLUDES WATER RESOURCES, RESOURCE

 

 

ECONOMICS AND COMMUNITY DEVELOPMENT.

DR. RECKHOW VOLUME I PAGE 49

 

 

Q. OKAY. WHAT COURSES OR WHAT AREAS DID YOU TEACH IN

 

 

THERE?

 

 

A. I TAUGHT WATER QUALITY MANAGEMENT -- GEE, AND I

 

 

CAN'T REMEMBER -- I THINK WATER QUALITY MODELING.

 

 

Q. SIMILAR TO WHAT YOU'RE TEACHING NOW?

 

 

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

 

 

Q. AND WHAT WAS THE FOCUS OF THOSE COURSES AT THAT

 

 

POINT IN TIME?

 

 

A. SAME GENERAL COURSE TOPICS, REALLY, AS I RECALL.

 

 

Q. ALL RIGHT. DID YOU DEAL IN ANY WAY WITH SUBJECTS

 

 

CONCERNING EUTROPHICATION IN THOSE COURSES?

 

 

A. I'M SURE I DID, YEAH.

 

 

Q. HOW ABOUT THE EVERGLADES?

 

 

A. I DOUBT VERY MUCH THAT I DID.

 

 

Q. WHAT BODIES OF WATER -- OR WHAT WOULD HAVE BEEN

 

 

YOUR FOCUS AT THAT TIME IN THOSE COURSES?

 

 

A. WATER BODIES, IN GENERAL. IF I HAD CASE STUDIES,

 

 

THEY MIGHT HAVE BEEN GREAT LAKES RELATED.

 

 

Q. WHAT DO YOU CALL THE EVERGLADES, BY THE WAY, JUST

 

 

SO WE KNOW WE'RE TALKING ABOUT THE SAME THING? I

 

 

MEAN, IT'S NOT A LAKE, OBVIOUSLY.

 

 

A. OH, I THINK OF IT AS A WETLAND.

 

 

Q. A WETLAND AND WHAT---

 

 

A. YEAH, A WETLAND.

DR. RECKHOW VOLUME I PAGE 50

 

 

Q. ---HOW DO YOU DEFINE "WETLAND"?

 

 

A. A LAND AREA THAT IS WET MUCH OF THE YEAR AND THAT

 

 

IS DOMINATED BY ROOTED AQUATIC VEGETATION AND IS

 

 

SHALLOW.

 

 

Q. WHAT DO YOU CONSIDER A "BOG"?

 

 

A. I HAVE NO OPINION. I SHOULDN'T SAY "OPINION." I

 

 

HAVE NO KNOWLEDGE OR DEFINITION, YEAH.

 

 

Q. IS THAT -- CAN YOU USE THAT WORD INTERCHANGEABLY?

 

 

A. I PROBABLY WOULD. IT MAY NOT BE CORRECT.

 

 

Q. HOW ABOUT "SWAMP"?

 

 

A. I'D PROBABLY USE THAT WORD INTERCHANGEABLY, TOO.

 

 

Q. BUT YOU CAN'T TELL ME ANY SCIENTIFIC BASIS FOR

 

 

DISTINGUISHING---

 

 

A. NO.

 

 

Q. ---AMONG THOSE WORDS?

 

 

A. NO, HUH-UH (NO).

 

 

Q. OKAY. WHAT DID YOU DO AFTER MICHIGAN STATE?

 

 

A. I CAME TO DUKE.

 

 

Q. AND, WHEN YOU CAME TO DUKE, WHAT WAS YOUR FIRST

 

 

JOB?

 

 

A. I WAS AN ASSISTANT PROFESSOR IN THE SCHOOL OF

 

 

FORESTRY IN ENVIRONMENTAL STUDIES.

 

 

Q. OKAY. IS THAT A PRECURSOR, IN PART, AT LEAST, TO

 

 

THE SCHOOL OF THE ENVIRONMENT?

DR. RECKHOW VOLUME I PAGE 51

 

 

A. YES, IT IS.

 

 

Q. WAS IT DIVIDED BETWEEN FORESTRY AND THE

 

 

ENVIRONMENT OR NAME CHANGE OR WHAT?

 

 

A. NO. FORESTRY ENVIRONMENTAL STUDIES MERGED WITH

 

 

THE MARINE LAB TO FORM THE SCHOOL OF THE

 

 

ENVIRONMENT.

 

 

Q. OKAY. WHEN WAS THAT?

 

 

A. 1991.

 

 

Q. OKAY. IT'S BEEN THAT -- BEEN FAIRLY RECENT?

 

 

A. YES, UH-HUH (YES).

 

 

Q. ALL RIGHT. NOW, WHEN YOU CAME TO DUKE, DID YOU

 

 

TEACH THE SAME COURSES THAT YOU WERE TEACHING AT

 

 

MICHIGAN STATE AND THAT YOU'RE TEACHING NOW?

 

 

A. LET ME THINK. JUST -- YEAH, I TAUGHT WATER

 

 

QUALITY MANAGEMENT INITIALLY. I THINK THAT WAS

 

 

THE FIRST COURSE I TAUGHT. AND I ALSO TAUGHT

 

 

REGRESSION ANALYSIS AND INTRODUCTORY STATISTICS.

 

 

Q. THE STATISTICS COURSES -- WHAT SCHOOL WERE THEY

 

 

TAUGHT THROUGH?

 

 

A. FORESTRY AND ENVIRONMENTAL STUDIES.

 

 

Q. TO GRADUATE STUDENTS?

 

 

A. GRADUATE AND PROFESSIONAL STUDENTS, YEAH.

 

 

Q. ALL RIGHT. WHAT ELSE HAVE YOU TAUGHT SINCE YOU'VE

 

 

BEEN AT DUKE THAT YOU HAVEN'T TOLD ME ABOUT

DR. RECKHOW VOLUME I PAGE 52

 

 

ALREADY TODAY?

 

 

A. LET ME THINK. I TAUGHT, FOR A COUPLE OF YEARS,

 

 

WATER RESOURCES MODELING, WHICH -- A SPECIAL

 

 

TOPICS COURSE -- WHICH WAS A SPECIAL TOPICS

 

 

COURSE. AND WHAT ELSE? THAT'S THE -- MAY BE

 

 

SOMETHING ELSE LISTED THERE, BUT, OFF THE TOP OF

 

 

MY HEAD, IT---

 

 

Q. WHAT'S THE DIFFERENCE BETWEEN WATER RESOURCES

 

 

MODELING AND WATER QUALITY MODELING?

 

 

A. WATER RESOURCES MODELING WAS A COURSE THAT TWO OUT

 

 

OF THREE OF OUR WATER FACULTY TAUGHT AT ANY ONE

 

 

TIME, AND WE JUST BROUGHT IN SPECIAL TOPICS AT THE

 

 

TIME WE WERE INVOLVED.

 

 

Q. AND WHEN WOULD THAT HAVE BEEN?

 

 

A. WHEN WOULD I HAVE TAUGHT THAT?

 

 

Q. WHEN YOU WOULD HAVE TAUGHT IT, YEAH.

 

 

A. I DON'T REMEMBER. LATE '80'S -- MID- TO LATE

 

 

'80'S. SEEMS TO ME I TAUGHT IT A COUPLE OF YEARS.

 

 

Q. OKAY. NOW, WHEN YOU -- WHEN DID YOU ADD THE

 

 

APPOINTMENTS IN THE OTHER SCHOOLS?

 

 

A. ENGINEERING WAS ADDED PRETTY QUICKLY, WITHIN A

 

 

YEAR OR TWO OF WHEN I ARRIVED. IN STATISTICS AND

 

 

DECISION SCIENCES, I HAD AN APPOINT -- RESEARCH

 

 

FACULTY APPOINTMENT WITH THEM FOR A COUPLE OF

DR. RECKHOW VOLUME I PAGE 53

 

 

YEARS, WHICH MIGHT HAVE BEEN LATE '80'S TO EARLY

 

 

'90'S. AND THEN, THE STANDARD FACULTY APPOINTMENT

 

 

BEGAN THIS JANUARY.

 

 

Q. SO NOW YOU'RE AN ASSOCIATE PROFESSOR IN THE

 

 

INSTITUTE OF STATISTICS AND DECISION SCIENCES?

 

 

A. UH-HUH (YES). YES.

 

 

Q. SO I CAN -- ON YOUR CV THAT I HAVE, I CAN "X" OFF

 

 

RESEARCH.

 

 

A. YES.

 

 

Q. OKAY. IS THAT LIKE A PROMOTION OR IS IT JUST

 

 

DIFFERENT FUNCTION?

 

 

A. IT'S JUST A CHANGE OF TITLES. THEY ELIMINATED --

 

 

AS FAR AS I KNOW, THEY ELIMINATED THE RESEARCH

 

 

FACULTY AND APPOINTED SOME OF THEM ASSISTANT AND

 

 

ASSOCIATE WITHOUT THE WORD "RESEARCH."

 

 

Q. WHAT IS THE REASON THAT YOU WOULD HAVE

 

 

APPOINTMENTS IN OTHER SCHOOLS? IS THAT JUST, YOU

 

 

EARN MORE MONEY DOING THAT OR---

 

 

A. THERE'S NO MONEY ASSOCIATED WITH IT. IT---

 

 

Q. WHY DOES IT HAPPEN?

 

 

A. ---IT FACILITATES INTERACTIONS. IT'S AN

 

 

ACKNOWLEDGMENT THAT SOMEONE'S INVOLVED IN AN AREA

 

 

OF STUDY.

 

 

Q. NOW, WHAT IS THE -- STRIKE THAT. WHEN DID YOU --

DR. RECKHOW VOLUME I PAGE 54

 

 

YOU CAME AS AN ASSISTANT PROFESSOR, I THINK YOU

 

 

SAID.

 

 

A. YES.

 

 

Q. WHEN DID YOU GET PROMOTED TO ASSOCIATE PROFESSOR?

 

 

A. BELIEVE IT WAS 1985.

 

 

Q. OKAY. AND WHAT WOULD BE THE NEXT STEP?

 

 

A. FULL.

 

 

Q. AND HAVE YOU -- HAS THAT COME UP FOR YOU YET?

 

 

A. NO.

 

 

Q. WHEN WILL THAT COME UP?

 

 

A. IT'S NOT MY DECISION.

 

 

Q. OH, THERE'S NO SORT OF ROUTINE?

 

 

A. NO.

 

 

Q. CAN YOU ASK ABOUT IT OR DOES SOMEONE JUST COME IN

 

 

ONE DAY AND TELL YOU?

 

 

A. I CAN ASK ABOUT IT, YEAH, OR SOMEONE WILL -- A

 

 

DEAN OR A COMMITTEE WILL DECIDE IT'S APPROPRIATE.

 

 

Q. NOW, YOU'VE BEEN AN ASSOCIATE FOR ABOUT SEVEN OR

 

 

EIGHT YEARS.

 

 

A. YEAH.

 

 

Q. IS THAT THE NORM AT DUKE OR IN YOUR PARTICULAR

 

 

AREA?

 

 

A. I DON'T KNOW. IT VARIES. I DON'T KNOW.

 

 

Q. OKAY. NOW, TENURE IS DIFFERENT FROM WHAT YOU'RE

DR. RECKHOW VOLUME I PAGE 55

 

 

CALLED, I ASSUME, OR IS IT?

 

 

A. WHAT DO YOU MEAN?

 

 

Q. WELL, DO YOU HAVE TENURE?

 

 

A. YES.

 

 

Q. OKAY. AND WHEN DID YOU GET TENURE?

 

 

A. WHEN I WAS PROMOTED FROM ASSISTANT TO ASSOCIATE.

 

 

Q. OKAY. AND IS THAT THE NORMAL TIME WHEN ONE GETS

 

 

TENURE, WHEN YOU BECOME AN ASSOCIATE PROFESSOR?

 

 

THAT'S WHAT I MEANT BY THAT.

 

 

A. OH, OKAY.

 

 

Q. IS IT UNRELATED TO YOUR TITLE OR---

 

 

A. YEAH.

 

 

Q. ---OR DOES IT COME WITH THE TITLE?

 

 

A. NO, IT VARIES FROM DEPARTMENT TO DEPARTMENT AS TO

 

 

WHETHER IT'LL OCCUR THEN.

 

 

Q. IS IT FAIR TO SAY THAT EUTROPHICATION HAS BEEN

 

 

PART OF THE COURSES THAT YOU'VE TAUGHT FOR THE

 

 

ENTIRE TIME YOU'VE BEEN AT DUKE?

 

 

A. FOR WATER QUALITY MANAGEMENT AND WATER QUALITY

 

 

MODELING, YES.

 

 

Q. WHEN DID, SPECIFICALLY, YOU DEAL WITH THE

 

 

EVERGLADES FOR THE FIRST TIME IN YOUR TEACHING?

 

 

A. I DON'T RECALL. MAY HAVE BEEN LAST YEAR.

 

 

Q. AND WHAT PROMPTED YOU TO START DEALING WITH THE

DR. RECKHOW VOLUME I PAGE 56

 

 

EVERGLADES IN YOUR TEACHING?

 

 

A. AS I MENTIONED TO YOU BEFORE, I NEEDED AN EXAMPLE

 

 

TO HELP ILLUSTRATE THE REAL-WORLD APPLICABILITY OF

 

 

METHODS, AND THAT WAS ONE THAT I CHOSE.

 

 

Q. OKAY. SO THAT -- WHAT YOUR -- A MINUTE AGO THE

 

 

HANDOUT THAT YOU TALKED ABOUT -- THAT WOULD HAVE

 

 

BEEN THE FIRST TIME EVERGLADES BECAME INVOLVED IN

 

 

YOUR TEACHING?

 

 

A. I THINK SO, YEAH.

 

 

Q. NOW, THE DUKE WETLAND CENTER -- WHEN WAS THAT

 

 

CREATED AS A CENTER?

 

 

A. YOU ASKED BEFORE---

 

 

Q. YEAH.

 

 

A. ---I DON'T REMEMBER. I THINK THREE YEARS AGO.

 

 

Q. OKAY. WERE YOU PART OF THE CENTER FROM ITS

 

 

INCEPTION?

 

 

A. YES.

 

 

Q. HOW DOES THAT CHANGE WHAT YOU DO?

 

 

A. NOT AT ALL.

 

 

Q. SO, EVERYTHING IS THE SAME?

 

 

A. (NODS AFFIRMATIVELY.)

 

 

Q. DO YOU -- DOES IT CHANGE YOUR COMPENSATION?

 

 

A. NO.

 

 

Q. AND YOU SAID EARLIER THAT YOUR COMPENSATION COMES

DR. RECKHOW VOLUME I PAGE 57

 

 

ENTIRELY THROUGH DUKE?

 

 

A. YES.

 

 

Q. OKAY.

 

 

A. WELL, I SAID THAT MY COMPENSATION COMES ENTIRELY

 

 

THROUGH THE SCHOOL OF THE ENVIRONMENT.

 

 

Q. OKAY. IS THAT DIFFERENT FROM THROUGH DUKE?

 

 

A. WELL, IT DOESN'T COME THROUGH THE DEPARTMENT OF

 

 

CIVIL ENGINEERING.

 

 

Q. OKAY. NOW, IN ADDITION TO YOUR SALARY THAT YOU

 

 

GET FOR -- THROUGH THE SCHOOL FOR BEING A

 

 

PROFESSOR, DO YOU GET PAID FOR BEING A CONSULTANT?

 

 

A. YES.

 

 

Q. IS THAT DONE TOTALLY INDEPENDENT OF THE SCHOOL?

 

 

A. YES.

 

 

Q. OKAY. DOES DUKE HAVE ANY SORT OF GUIDELINES WITH

 

 

REGARD TO ITS PROFESSORS AND CONSULTING WORK?

 

 

A. DURING THE ACADEMIC YEAR, YOU'RE PERMITTED ONE DAY

 

 

A MONTH.

 

 

Q. ONE DAY A MONTH?

 

 

A. ONE DAY A WEEK -- I'M SORRY -- ONE DAY A WEEK,

 

 

YEAH, YEAH.

 

 

Q. OKAY. DOES ANYBODY ACTUALLY MONITOR THAT?

 

 

A. THEY MIGHT IN SOME DEPARTMENTS.

 

 

Q. DO THEY IN YOUR DEPARTMENT?

DR. RECKHOW VOLUME I PAGE 58

 

 

A. NO.

 

 

Q. OKAY. WHEN DID YOU FIRST BEGIN DOING OUTSIDE

 

 

CONSULTING WORK IN YOUR CAREER?

 

 

A. I DON'T RECALL. IT MAY HAVE BEEN -- OH, I WAS

 

 

CONSULTING A LITTLE BIT WHEN I WAS A GRADUATE

 

 

STUDENT. THAT'S RIGHT.

 

 

Q. ALL RIGHT. AND DID YOU CONSULT ANY AT MICHIGAN

 

 

STATE?

 

 

A. I DON'T REMEMBER DOING ANY THERE.

 

 

Q. OKAY. SO, WHEN YOU GOT TO DUKE, WHEN DID YOU

 

 

FIRST BEGIN DOING CONSULTING WORK?

 

 

A. I DON'T REMEMBER. IT MAY HAVE BEEN TEN YEARS AGO.

 

 

Q. AND WHAT WAS THE -- WHAT WAS YOUR FIRST -- HOW DID

 

 

YOU GET INTO THAT AREA?

 

 

A. AS I HAVE SAID, I JUST DON'T REMEMBER HOW IT BEGAN

 

 

AND -- I JUST DON'T REMEMBER.

 

 

Q. OKAY. AS OF NOW, HOW MUCH OF YOUR TIME IS

 

 

CONSULTING? HOW MUCH CONSULTING DO YOU DO? I

 

 

KNOW, ONE DAY A WEEK.

 

 

A. YEAH, ONE DAY A WEEK.

 

 

Q. RIGHT. YOU'RE UNDER OATH, RIGHT?

 

 

A. YEAH.

 

 

MR. FITZGERALD: YOU COULD BE IN THE

 

 

AWKWARD POSITION, LIKE, IF YOUR DEPARTMENT

DR. RECKHOW VOLUME I PAGE 59

 

 

HEAD WAS HERE OR---

 

 

MR. REID: YEAH, RIGHT. JUST THE

 

 

LAWYERS HERE, YOU'RE SAFE.

 

 

MR. FITZGERALD: ---OF HIM INVOKING YOUR

 

 

RIGHTS SO YOUR ATTORNEY DOESN'T HEAR THIS.

 

 

YOU KNOW WHAT I MEAN?

 

 

A. GOSH, I HAVEN'T DONE ANY -- WELL, I SHOULD TAKE

 

 

THAT BACK. I'VE DONE -- IN THE LAST FEW MONTHS

 

 

I'VE MAYBE DONE A WEEK OF -- A DAY OF CONSULTING.

 

 

IT WILL VARY DURING THE TIME OF YEAR.

 

 

Q. (BY MR. REID) OKAY. NOW, WE KNOW YOU'RE DOING

 

 

CONSULTING FOR THE COOPERATIVE.

 

 

A. NO, I'M NOT.

 

 

Q. OH, YOU'RE NOT?

 

 

A. NO.

 

 

Q. OKAY. ARE YOU DOING CONSULTING FOR THE SUGAR CANE

 

 

LEAGUE?

 

 

A. NO, I'M NOT.

 

 

Q. ARE YOU DOING CONSULTING FOR THE FRUIT AND

 

 

VEGETABLE GROWERS?

 

 

A. NO, I'M NOT.

 

 

Q. OKAY. ARE YOU DOING CONSULTING FOR ANY PRIVATE

 

 

COMPANIES?

 

 

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

DR. RECKHOW VOLUME I PAGE 60

 

 

Q. WHO'S PAYING YOU TO BE HERE TODAY?

 

 

A. NO ONE.

 

 

Q. OKAY.

 

 

MR. McCAUGHAN: COULD WE GO OFF THE

 

 

RECORD FOR A SECOND?

 

 

MR. REID: SURE.

 

 

(THEREUPON, THERE WAS AN

 

 

OFF-THE-RECORD DISCUSSION

 

 

WHICH WAS NOT REPORTED

 

 

BY THE COURT REPORTER.)

 

 

Q. (BY MR. REID) HOW ABOUT FOR THE ENVIRONMENTAL

 

 

PROTECTION DISTRICT IN THE EVERGLADES; ARE YOU

 

 

CONSULTING FOR THEM NOW?

 

 

A. NOW, WHICH GROUP IS THAT?

 

 

Q. WELL, IT'S CALLED THE ENVIRONMENTAL PROTECTION---

 

 

A. I DON'T KNOW WHO THAT---

 

 

Q. ---DISTRICT.

 

 

A. WHO?

 

 

MR. FITZGERALD: EVERGLADES AGRICULTURAL

 

 

AREA, ENVIRONMENTAL PROTECTION DISTRICT.

 

 

MR. REID: OKAY. YEAH. I DIDN'T KNOW

 

 

WHAT THE EXACT NAME WAS.

 

 

A. WHO'S SUPPORTING THAT---

 

 

Q. (BY MR. REID) THE SUGAR INDUSTRY?

DR. RECKHOW VOLUME I PAGE 61

 

 

A. NO, I'M NOT.

 

 

Q. OKAY. ALL RIGHT. ARE YOU CONSULTING FOR ANYBODY

 

 

WITH REGARD TO ANY OF THE WORK THAT YOU'RE DOING

 

 

IN THE -- RELATING TO THE EVERGLADES?

 

 

A. YES.

 

 

Q. ALL RIGHT. FOR WHOM?

 

 

A. SOUTH FLORIDA WATER MANAGEMENT DISTRICT.

 

 

Q. OKAY. AND WHEN DID YOU START THAT WORK?

 

 

A. ABOUT A YEAR AGO.

 

 

Q. OKAY. WHO CALLED YOU AND ASKED YOU TO CONSULT FOR

 

 

THE DISTRICT?

 

 

A. GARTH REDFIELD.

 

 

Q. AND WHAT WAS YOUR ASSIGNMENT?

 

 

A. I'M CO-CHAIRING THE MONITORING COMMITTEE -- THE

 

 

SUBCOMMITTEE WITH BILL WALKER.

 

 

Q. AND THAT'S A SUBCOMMITTEE TO WHAT?

 

 

A. I GET MY ACRONYMS CONFUSED.

 

 

Q. TOC?

 

 

A. YEAH.

 

 

Q. SAGE?

 

 

A. TOC, YEAH.

 

 

Q. OKAY. HAVE YOU DONE ANY WORK FOR SAGE?

 

 

A. NO.

 

 

Q. OR DO YOU KNOW WHAT SAGE IS?

DR. RECKHOW VOLUME I PAGE 62

 

 

A. I'D SAY I'M -- I DON'T KNOW THE -- I DON'T HAVE A

 

 

CLEAR DISTINCTION BETWEEN THOSE TWO.

 

 

Q. OKAY. AND DO YOU HAVE A CONTRACT WITH THE

 

 

DISTRICT FOR YOUR WORK AS CO-CHAIR OF THE

 

 

MONITORING SUBCOMMITTEE?

 

 

A. AS OF THIS MOMENT, NO, I DON'T.

 

 

Q. DID YOU HAVE ONE?

 

 

A. YES.

 

 

Q. OKAY. AND HOW WAS YOUR COMPENSATION BASED ON

 

 

THAT?

 

 

A. WHAT DO YOU MEAN?

 

 

Q. HOW WAS IT SET? WAS IT A LUMP SUM, AN HOURLY

 

 

RATE---

 

 

A. YEAH, THEY SET A CEILING.

 

 

Q. OH, SO IT WAS A LUMP SUM FOR THE WORK THAT YOU

 

 

WERE ASKED TO DO?

 

 

A. WELL, THEY -- IT WAS A -- MAY HAVE BEEN A PURCHASE

 

 

ORDER, AND I BILLED AGAINST IT.

 

 

Q. OKAY. AND WHAT WAS THE TOTAL?

 

 

A. BOY, I'M TRYING TO REMEMBER. I THINK IT WAS

 

 

ROUGHLY NINE THOUSAND DOLLARS ($9,000.00).

 

 

Q. AND HAVE YOU EXHAUSTED THOSE SUMS?

 

 

A. YES.

 

 

Q. SO, YOU'RE WAITING FOR A RENEWAL OR YOU'RE NOT

DR. RECKHOW VOLUME I PAGE 63

 

 

GOING TO BE DOING ANY MORE WORK?

 

 

A. I'M WAITING FOR A RENEWAL.

 

 

Q. DO YOU EXPECT ONE TO COME?

 

 

A. GARTH TOLD ME ONE WAS COMING.

 

 

Q. AND DO YOU KNOW HOW MUCH THAT'S GOING TO BE?

 

 

A. NO.

 

 

Q. YOU MAY HAVE SAID. WHEN DID YOU BEGIN THAT

 

 

CONTRACT?

 

 

A. ABOUT A YEAR AGO.

 

 

Q. AS YOU SIT HERE TODAY, THEN, YOU HAVE NO OTHER

 

 

CONSULTANT'S JOBS---

 

 

A. IN FLORIDA, THAT'S CORRECT---

 

 

Q. ---CONNECTED WITH THE EVERGLADES?

 

 

A. ---CORRECT.

 

 

Q. OKAY. ASIDE FROM THE ONE WITH THE DISTRICT, HAVE

 

 

YOU HAD ANY CONSULTING JOBS RELATING TO THE

 

 

EVERGLADES, EVER?

 

 

A. YES.

 

 

Q. OKAY. AND LET'S GO BACK IN TIME, YOU KNOW,

 

 

REVERSE CHRONOLOGICAL ORDER. WHAT'S THE MOST

 

 

RECENT ONE THAT YOU'VE HAD?

 

 

A. LET ME THINK. I GUESS IT WOULD HAVE BEEN MAYBE

 

 

A YEAR AND A HALF AGO THROUGH PEEPLES, EARL &

 

 

BLANK.

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DR. RECKHOW VOLUME I PAGE 64

 

 

Q. WERE YOU HIRED BY PEEPLES, EARL?

 

 

A. YES.

 

 

Q. AND FOR WHAT CLIENT OF PEEPLES, EARL WERE YOU

 

 

HIRED TO PERFORM SERVICE?

 

 

A. I THINK THE SUGAR CANE LEAGUE.

 

 

Q. WHO CALLED YOU FROM PEEPLES, EARL?

 

 

A. GEE, I DON'T REMEMBER -- IT MAY HAVE BEEN RICK

 

 

BURGESS.

 

 

Q. NOW, YOU DIDN'T BRING ANY DOCUMENTS WITH YOU

 

 

TODAY, DID YOU?

 

 

A. NO.

 

 

Q. OKAY. AND WOULD YOU HAVE RECORDS THAT WOULD

 

 

REFLECT WHEN EXACTLY YOU HAD THIS CALL WITH RICK

 

 

BURGESS?

 

 

A. WHEN I HAD THE CALL?

 

 

Q. YEAH.

 

 

A. I BET I DON'T.

 

 

Q. LET ME ASK YOU A QUESTION ABOUT YOUR CONSULTING

 

 

WORK. DO YOU HAVE A SEPARATE CORPORATION SET UP

 

 

TO DO THAT?

 

 

A. NO. HUH-UH (NO).

 

 

Q. SO, YOU'RE JUST PAID -- YOU SEND OUT BILLS AND YOU

 

 

GET PAYMENTS.

 

 

A. (NODS AFFIRMATIVELY.)

DR. RECKHOW VOLUME I PAGE 65

 

 

Q. DO YOU CHARGE AN HOURLY RATE FOR THIS KIND OF

 

 

WORK?

 

 

A. EXCUSE ME. YES, I DO.

 

 

Q. AND WHAT IS YOUR HOURLY RATE?

 

 

A. IT VARIES.

 

 

Q. GIVE ME THE RANGE.

 

 

A. SEVENTY ($70.00) TO ONE HUNDRED ($100.00) AN HOUR.

 

 

Q. WHAT MAKES A DISTINCTION OR WHAT MAKES YOU DECIDE

 

 

WHICH TO CHARGE?

 

 

A. SOMETIMES IT'S CONSTRAINED BY THE AGENCY

 

 

ORGANIZATION.

 

 

Q. OKAY. NOW, WITH REGARD TO THE CONSULTING WORK

 

 

THAT YOU DO, DO YOU KEEP RECORDS OR FILES SEPARATE

 

 

FROM THE ONES YOU KEEP AT THE UNIVERSITY

 

 

CONCERNING YOUR WORK AT DUKE?

 

 

A. YES.

 

 

Q. AND WHERE DO YOU KEEP THOSE FILES?

 

 

A. AT HOME.

 

 

Q. AND DO YOU HAVE A FILE THAT WOULD BE IDENTIFIED AS

 

 

RELATING TO THIS ENGAGEMENT BY PEEPLES, EARL?

 

 

A. I HAVE A STACK OF MATERIAL, YEAH -- FILES AND

 

 

THAT.

 

 

Q. OKAY. AND WOULD THAT INCLUDE NOT ONLY, WHAT WE'LL

 

 

CALL, SUBSTANTIVE MATERIAL BUT WOULD ALSO INCLUDE

DR. RECKHOW VOLUME I PAGE 66

 

 

YOUR ADMINISTRATIVE MATERIAL FROM YOUR CONSULTING

 

 

WORK?

 

 

A. YES.

 

 

Q. AND WOULD IT HAVE BILLS, FOR INSTANCE, THAT YOU

 

 

SENT FOR YOUR WORK?

 

 

A. PROBABLY DOES, YEAH.

 

 

Q. AND WOULD IT HAVE LETTERS BACK AND FORTH BETWEEN

 

 

YOU AND COUNSEL?

 

 

A. YEAH.

 

 

Q. I WANT TO TALK ABOUT THE SPECIFICS OF THAT IN A

 

 

LITTLE BIT, BUT I WANT TO WORK BACK TO GET ALL

 

 

YOUR CONSULTANCIES BEFORE RICK BURGESS CALLED YOU.

 

 

WHAT WAS THE ONE IMMEDIATELY PRECEDING THAT?

 

 

A. NOW, YOU'RE REFERRING TO EVERGLADES IN FLORIDA?

 

 

Q. WELL, NO, I MEAN ANY CONSULTING JOBS.

 

 

A. ANY CONSULTING JOBS---

 

 

Q. YEAH.

 

 

A. ---ANYWHERE?

 

 

Q. RIGHT.

 

 

A. OH, I CAN'T RECALL ALL THE CONSULTING ACTIVITIES

 

 

I'VE HAD. AND I HAVE -- NO, I MEAN, I JUST

 

 

COULDN'T DO THAT.

 

 

Q. ALL RIGHT. WELL, AS YOU SIT HERE TODAY, YOU HAVE

 

 

NO CONTRACTS, EXCEPT THE ONE WITH THE DISTRICT?

DR. RECKHOW VOLUME I PAGE 67

 

 

A. WELL, YOU'VE ASKED ME JUST ABOUT FLORIDA, AND

 

 

THAT'S WHAT I RESPONDED TO.

 

 

Q. OKAY. WELL, I MEANT TO BE BROADER IN THE

 

 

BEGINNING.

 

 

A. OKAY.

 

 

Q. SO MAYBE WE GOT OFF ON THE WRONG TRACK.

 

 

A. OKAY. YEAH.

 

 

Q. TODAY, AS YOU SIT HERE, YOU DO HAVE SOME

 

 

CONSULTING JOBS?

 

 

A. YES.

 

 

Q. OKAY. AND WHAT DO THEY RELATE TO?

 

 

A. THE EVERGLADES, THE MONITORING SUBCOMMITTEE THAT I

 

 

MENTIONED---

 

 

Q. RIGHT.

 

 

A. ---A PROJECT WITH THE SOUTH FLORIDA WATER

 

 

MANAGEMENT DISTRICT ON LAKE OKEECHOBEE.

 

 

Q. ALL RIGHT. WHEN DID YOU GET THAT JOB?

 

 

A. ABOUT A YEAR AGO.

 

 

Q. AND WHO HIRED YOU FOR THAT?

 

 

A. TONY FEDERICO.

 

 

Q. AND WHAT ARE YOU DOING THERE?

 

 

A. SETTING UP A DECISION ANALYTIC FRAMEWORK FOR

 

 

MANAGEMENT OF LAKE OKEECHOBEE.

 

 

Q. WHAT SPECIFIC PROBLEM ARE YOU DEALING WITH WITH

DR. RECKHOW VOLUME I PAGE 68

 

 

LAKE OKEECHOBEE?

 

 

A. EUTROPHICATION OF LAKE OKEECHOBEE.

 

 

Q. AND WHAT WAS THE AMOUNT OF THAT CONTRACT?

 

 

A. OH, BOY. FIFTEEN THOUSAND ($15,000.00)?

 

 

Q. IS THAT STILL GOING ON?

 

 

A. YES.

 

 

Q. HAVE YOU PREPARED ANY WORK PRODUCT YET THAT YOU'D

 

 

SUBMIT TO THE DISTRICT?

 

 

A. A DRAFT MANUSCRIPT.

 

 

Q. WHAT'S IT CALLED?

 

 

A. I DON'T REMEMBER THE TITLE, BUT IT'S SOMETHING

 

 

ABOUT DECISION ANALYSIS IN LAKE OKEECHOBEE.

 

 

Q. ALL RIGHT. LET'S JUST FOCUS ON FLORIDA---

 

 

A. OKAY.

 

 

Q. ---FOR THE NEXT FEW QUESTIONS, AND THEN WE'LL GO

 

 

BACK TO YOUR GENERAL WORK.

 

 

A. OKAY.

 

 

Q. WORKING BACK, WHAT IS THE NEXT CONSULTING JOB THAT

 

 

YOU'VE HAD RELATING -- RELATED TO FLORIDA?

 

 

A. TO FLORIDA? WITH LANDERS & PARSONS.

 

 

Q. AND WHAT IS THAT?

 

 

A. LOOKING AT EUTROPHICATION MODELING IN LAKE

 

 

OKEECHOBEE.

 

 

Q. WHO IS LANDERS & PARSONS?

DR. RECKHOW VOLUME I PAGE 69

 

 

A. A LAW FIRM IN TALLAHASSEE.

 

 

Q. AND ON WHOSE BEHALF DID THEY CONTACT YOU?

 

 

A. THE SUGAR CANE LEAGUE.

 

 

Q. AND YOU'RE BEING PAID BY THE SUGAR CANE LEAGUE

 

 

DIRECTLY?

 

 

A. I WAS PAID---

 

 

Q. OKAY.

 

 

A. ---YEAH.

 

 

Q. THAT'S FINISHED?

 

 

A. THAT'S FINISHED.

 

 

Q. OKAY. AND HOW MUCH WAS THAT CONTRACT?

 

 

A. THAT MUST HAVE BEEN ABOUT EIGHTY THOUSAND

 

 

($80,000.00).

 

 

Q. AND WHAT WAS THE ASSIGNMENT THERE?

 

 

A. WAS TO EVALUATE EUTROPHICATION MODELS IN

 

 

DESCRIBING OR SIMULATING EUTROPHICATION IN LAKE

 

 

OKEECHOBEE.

 

 

Q. WHEN YOU SAY "EVALUATE," YOU MEAN YOU WERE LOOKING

 

 

AT OTHER PEOPLE'S MODELS?

 

 

A. UH-HUH (YES).

 

 

Q. WHOSE MODELS WERE YOU LOOKING AT?

 

 

A. WE LOOKED AT MODELS THAT HAD BEEN PROPOSED BY

 

 

SCIENTISTS AT THE UNIVERSITY OF FLORIDA AND THE

 

 

WATER MANAGEMENT DISTRICT.

DR. RECKHOW VOLUME I PAGE 70

 

 

Q. OKAY. WAS THIS PART OF ANY PARTICULAR PROCEEDING,

 

 

LEGAL OR ADMINISTRATIVE OR LEGISLATIVE WORK YOU

 

 

WERE DOING?

 

 

A. IT RELATED TO THE USE OF A MODEL TO SET PHOSPHORUS

 

 

LIMITS ON THE LAKE.

 

 

Q. SOMEBODY WAS TRYING TO SET PHOSPHORUS LIMITS ON

 

 

THE LAKE AND HAD COME UP WITH A MODEL?

 

 

A. THE WATER MANAGEMENT DISTRICT, AS FAR AS I KNOW,

 

 

HAD SET PHOSPHORUS LIMITS ON THE LAKE ON THE BASIS

 

 

OF USE OF A MODEL.

 

 

Q. AND YOUR JOB WAS TO, IN EFFECT, CRITICIZE OR

 

 

EVALUATE THAT MODEL?

 

 

A. UH-HUH (YES).

 

 

Q. AND WHAT WAS YOUR ULTIMATE CONCLUSION?

 

 

WITNESS: I GUESS I NEED TO -- SOME

 

 

ADVICE HERE. VIRTUALLY EVERYTHING I---

 

 

MR. RUSSELL: WELL, TO THE EXTENT THAT

 

 

IT'S -- I'M NOT SURE EXACTLY WHAT YOU'RE

 

 

TALKING ABOUT, BUT TO THE EXTENT THAT YOU'RE

 

 

GETTING INTO AREAS THAT YOU DIDN'T TESTIFY AS

 

 

AN EXPERT OR WEREN'T HIRED AS A TESTIFYING

 

 

EXPERT, THEN, IT WOULD BE PRIVILEGED. I

 

 

DON'T KNOW---

 

 

WITNESS: WELL, EVERYTHING I DID FOR

DR. RECKHOW VOLUME I PAGE 71

 

 

THEM HAD "PRIVILEGED" AND "CONFIDENTIAL" ON

 

 

THE TOP.

 

 

MR. RUSSELL: WELL, YOU KNOW, THAT --

 

 

EVERYTHING -- EVERY PAPER THAT COMES OUT

 

 

HAS -- LET'S TAKE A BREAK FOR A MINUTE.

 

 

MR. REID: OKAY.

 

 

(THEREUPON, A SHORT

 

 

BREAK WAS TAKEN.)

 

 

MR. REID: OKAY, BACK ON THE RECORD.

 

 

WHAT'S THE ANSWER?

 

 

MR. RUSSELL: I'M GOING TO INSTRUCT THE

 

 

WITNESS NOT TO ANSWER ANY OF THE QUESTIONS

 

 

INVOLVING SPECIFICS OF THE -- OTHER THAN THE

 

 

GENERAL INFORMATION HE'S ALREADY GIVEN,

 

 

BECAUSE IT'S -- HE WAS HIRED AS A

 

 

NON-TESTIFYING EXPERT BY OUR CLIENT AND IT

 

 

GETS INTO AN AREA OF WORK PRODUCT.

 

 

MR. REID: OKAY. CERTIFY THE QUESTION,

 

 

PLEASE.

 

 

M