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.

 

 

MR. RUSSELL: I MIGHT SAY, ALSO, THAT

 

 

NONE OF THE PRODUCTS OF THAT FORMATIVE -- OR

 

 

SUPPORT THE BASIS FOR YOUR OPINIONS IN THIS

 

 

PROCEEDING, DO THEY?

 

 

WITNESS: NO, NO.

DR. RECKHOW VOLUME I PAGE 72

 

 

MR. RUSSELL: OKAY.

 

 

WITNESS: NOT AT ALL.

 

 

Q. (BY MR. REID) WHEN WAS THE LANDERS & PARSONS---

 

 

MR. REID: WAIT A MINUTE. YOU SAID

 

 

HIRED BY YOUR FIRM.

 

 

MS. STINSON: CLIENT, HE SAID.

 

 

MR. REID: CLIENT -- OH, I'M SORRY.

 

 

OKAY.

 

 

MR. RUSSELL: CLIENT.

 

 

Q. ---WHEN WAS THE LANDERS & PARSONS WORK DONE FOR

 

 

THE SUGAR CANE LEAGUE?

 

 

A. I DON'T RECALL, BUT I THINK IT BEGAN ABOUT FOUR

 

 

YEARS AGO AND WAS COMPLETED A YEAR AND A HALF TO

 

 

TWO YEARS AGO, MAYBE A YEAR AND A HALF.

 

 

Q. DID THAT DIFFER FROM THE WORK THAT YOU DID FOR THE

 

 

DISTRICT CONCERNING LAKE OKEECHOBEE?

 

 

A. YES.

 

 

Q. HOW WAS IT DIFFERENT? WITHOUT TELLING ME WHAT IT

 

 

WAS, JUST---

 

 

A. IT INVOLVED EVALUATING MODELS THAT HAD BEEN USED

 

 

AND---

 

 

Q. THAT'S THE WORK FOR LANDERS?

 

 

A. YES. THE WORK FOR THE DISTRICT INVOLVES USE OF

 

 

DECISION ANALYSIS TO GUIDE THEIR SCIENTIFIC WORK

DR. RECKHOW VOLUME I PAGE 73

 

 

IN SUPPORT OF DECISION MAKING.

 

 

Q. OKAY. DID ANY OF THE WORK -- ANY OF THE LEARNING

 

 

THAT YOU ACCOMPLISHED IN THE WORK FOR LANDERS &

 

 

PARSONS ASSIST YOU IN YOUR WORK YOU DID FOR THE

 

 

DISTRICT?

 

 

A. IT HASN'T. NO, I ACTUALLY THOUGHT IT WOULD. IT

 

 

HASN'T.

 

 

Q. OKAY. KEEP GOING. WHAT OTHER CONSULTING JOBS

 

 

HAVE YOU HAD RELATING TO FLORIDA OR THE

 

 

EVERGLADES?

 

 

MR. FITZGERALD: WHILE THE DOCTOR'S

 

 

THINKING, I WOULD JOIN IN THE EXCEPTION ON

 

 

THE DIRECTION NOT TO ANSWER ANY OF THESE

 

 

QUESTIONS.

 

 

A. I WORKED FOR CH2M-HILL.

 

 

Q. (BY MR. REID) SAY THAT AGAIN.

 

 

A. CH2M-HILL, H-I-L-L.

 

 

Q. WHAT IS THAT?

 

 

A. THAT'S A ENGINEERING CONSULTING FIRM THAT HAS

 

 

BRANCHES NATIONWIDE. I ASSISTED THEM ON LAKE WORK

 

 

IN ST. PETERSBURG.

 

 

Q. WHAT WAS THE PROBLEM THERE?

 

 

A. WATER QUALITY IN AN URBAN LAKE.

 

 

Q. DID IT DEAL WITH EUTROPHICATION OR OTHER TYPES OF

DR. RECKHOW VOLUME I PAGE 74

 

 

POLLUTION?

 

 

A. IT DEALT WITH EUTROPHICATION. IT MAY HAVE DEALT

 

 

WITH OTHER PROBLEMS ALSO.

 

 

Q. OKAY. AND WHAT WAS THE ULTIMATE RESULT OF THAT

 

 

WORK? DID YOU HAVE A PAPER? DID YOU TESTIFY---

 

 

A. I CONTRIBUTED SOME MODELING AND STATISTICAL

 

 

GUIDANCE.

 

 

Q. OKAY. WHAT ELSE?

 

 

A. I THINK THAT'S ALL I'VE DONE IN FLORIDA.

 

 

Q. OKAY. JUST SO I'M CLEAR, THEN, YOU HAVE NOT DONE

 

 

ANY WORK FOR HOPPING, BOYD LAW FIRM; WILLIAM

 

 

GREEN?

 

 

A. I HAVE NOT BEEN -- I DON'T RECALL BEING EVER PAID

 

 

AS A CONSULTANT.

 

 

Q. AND HAVE YOU DONE ANY WORK AS PART OF THE DUKE

 

 

WETLAND CENTER WHERE YOU WEREN'T HIRED AS AN

 

 

INDEPENDENT CONSULTANT, BUT YOU WERE STILL DOING

 

 

WORK RELATING TO THE EVERGLADES ISSUES?

 

 

A. I HAVE NOT RECEIVED ANY SALARY PAYMENT THROUGH THE

 

 

DUKE WETLAND CENTER.

 

 

Q. I UNDERSTAND THAT. THAT WASN'T MY QUESTION.

 

 

A. YEAH.

 

 

Q. THE QUESTION WAS, HAVE YOU DONE ANY WORK IN

 

 

CONJUNCTION WITH THE DUKE WETLAND CENTER RELATING

DR. RECKHOW VOLUME I PAGE 75

 

 

TO THE EVERGLADES?

 

 

A. YES.

 

 

Q. WHEN DID YOU FIRST DO THAT WORK?

 

 

A. LAST SUMMER.

 

 

Q. LAST SUMMER?

 

 

A. UH-HUH (YES).

 

 

Q. AND WHO APPROACHED YOU ABOUT DOING THAT WORK?

 

 

A. THAT WORK DEVELOPED BECAUSE MY Ph.D. STUDENT, SONG

 

 

QIAN, IS SUPPORTED THROUGH THE DUKE WETLAND

 

 

CENTER. AND I'M WORKING WITH MY STUDENT, SO

 

 

THAT'S HOW THE WORK BEGAN.

 

 

Q. BY SUPPORTED THROUGH THE WETLAND CENTER, DO YOU

 

 

MEAN HE HAS A FELLOWSHIP OR SOMETHING SUCH AS

 

 

THAT?

 

 

A. HE RECEIVES FUNDS, HIS FINANCIAL AID, FROM THE

 

 

WETLAND CENTER.

 

 

Q. OKAY. AND WHAT PROJECT WAS HE WORKING ON?

 

 

A. HE'S LOOKING AT -- HIS DISSERTATION IS GOING TO

 

 

INVOLVE STATISTICAL AND MODELING METHODS OF

 

 

WETLAND TRAPPING OF NUTRIENTS.

 

 

Q. HOW DID HE COME TO SELECT THIS TOPIC?

 

 

A. HE WAS INTERESTED IN DISSERTATION WORK ON

 

 

STATISTICAL METHODS, AND HE'S PARTICULARLY

 

 

INTERESTED IN WETLANDS, SO IT WAS A NATURAL.

DR. RECKHOW VOLUME I PAGE 76

 

 

Q. DID YOU HAVE ANYTHING TO DO WITH HIS SELECTING

 

 

THIS TOPIC?

 

 

A. I DON'T THINK I HAD ANYTHING TO DO WITH HIS GOING

 

 

TO THE WETLAND CENTER AND GETTING THIS

 

 

OPPORTUNITY.

 

 

Q. I'M SORRY.

 

 

A. I DON'T THINK I HAD ANYTHING TO DO WITH HIS

 

 

DEVELOPING THIS OPPORTUNITY THROUGH THE WETLAND

 

 

CENTER.

 

 

Q. NOW, YOU SAID HE'S YOUR GRADUATE STUDENT.

 

 

A. YES, HE IS.

 

 

Q. WHAT DO YOU MEAN BY THAT?

 

 

A. MEANS HE CAME TO DUKE TO WORK WITH ME AS A STUDENT

 

 

ON HIS Ph.D.

 

 

Q. AND YOU'RE HIS ADVISOR?

 

 

A. YES, UH-HUH (YES).

 

 

Q. WHAT HAS BEEN YOUR ROLE -- STRIKE THAT. FIRST OF

 

 

ALL, WHAT HAS HE DONE, AS FAR AS YOU KNOW, TO DATE

 

 

ON HIS DISSERTATION?

 

 

A. HE IS PRIMARILY AT THE STAGE OF COURSE WORK IN HIS

 

 

GRADUATE STUDIES. HE WILL DEVELOP A PROPOSAL ON

 

 

HIS DISSERTATION RESEARCH OVER THE NEXT THREE OR

 

 

FOUR MONTHS. RIGHT NOW, HE'S JUST EXPLORING WHAT

 

 

THAT PROPOSAL WOULD ENTAIL.

DR. RECKHOW VOLUME I PAGE 77

 

 

Q. OKAY. SO, HE'S NOT MADE A PROPOSAL YET.

 

 

A. NO, NOT A FORMAL PROPOSAL THAT HIS RESEARCH

 

 

COMMITTEE WILL EXAMINE.

 

 

Q. SO, THIS TOPIC THAT YOU GAVE ME IS A WORKING

 

 

TOPIC, SO-TO-SPEAK?

 

 

A. YES, YEAH.

 

 

Q. AND HE'S DONE NOTHING TOWARD---

 

 

A. NO, I DIDN'T SAY THAT. HE HASN'T -- WHAT YOU

 

 

SAID EARLIER WAS CORRECT. HE HASN'T DEVELOPED A

 

 

FORMAL PROPOSAL. HE'S IN THE MIDST OF EXPLORING

 

 

THAT.

 

 

Q. WELL, MY QUESTION WAS GOING TO BE THAT HE'S DONE

 

 

NONE OF THE ACTUAL RESEARCH OR WORK CONCERNING

 

 

THIS TOPIC AT THIS POINT.

 

 

A. IN THE EXPLORATION PROCESS, HE'S LOOKED AT THINGS,

 

 

BUT NOTHING THAT WILL BE THE---

 

 

Q. SO, WHAT HAS YOUR ROLE BEEN SINCE LAST SUMMER WHEN

 

 

HE FIRST CAME TO YOU AND MENTIONED THAT HE WAS

 

 

THINKING ABOUT DOING THIS?

 

 

A. ENCOURAGING HIM TO PURSUE IT.

 

 

Q. ANYTHING ELSE?

 

 

A. I'VE LOOKED AT SOME OF HIS STATISTICAL ANALYSIS.

 

 

I'VE PROVIDED A LOT OF GUIDANCE ON THE STATISTICAL

 

 

METHODS HE MIGHT USE.

DR. RECKHOW VOLUME I PAGE 78

 

 

Q. HAVE YOU DONE ANYTHING INDEPENDENT OF LOOKING AT

 

 

WHAT HE'S DONE?

 

 

A. NO.

 

 

Q. NOW, ASIDE FROM THAT, WHAT OTHER -- OR HAVE YOU

 

 

DONE ANY OTHER WORK RELATING TO THE EVERGLADES AS

 

 

PART OF THE DUKE WETLAND CENTER?

 

 

A. NO.

 

 

Q. AND I MEAN EVER.

 

 

A. YES, THAT'S CORRECT, NEVER.

 

 

Q. DOES DUKE HAVE A POLICY, WHEN THE WETLAND CENTER

 

 

DOES WORK FOR CONSULTANTS, THAT THE WORK HAS TO BE

 

 

IN THE PUBLIC DOMAIN?

 

 

A. I DON'T KNOW.

 

 

WITNESS: YOU PROBABLY CAN ANSWER

 

 

DUKE'S POLICY BETTER THAN I CAN.

 

 

MR. REID: OKAY. HE CAN'T ANSWER. HE'S

 

 

NOT ALLOWED.

 

 

WITNESS: HE'S NOT ALLOWED.

 

 

MR. FITZGERALD: YOU COULD JUST SWEAR

 

 

THE ATTORNEY AND GET THIS -- IT'S A MINOR

 

 

POINT, RIGHT?

 

 

WITNESS: NO, I DON'T KNOW.

 

 

MR. FITZGERALD: WE'D EVEN ACCEPT A

 

 

PROFFER.

DR. RECKHOW VOLUME I PAGE 79

 

 

Q. (BY MR. REID) WHAT ABOUT WHEN YOU'RE HIRED AS A

 

 

PRIVATE CONSULTANT, ARE THERE ANY GUIDELINES IN

 

 

TERMS OF WHAT YOU CAN DO?

 

 

A. WHAT I CAN DO?

 

 

Q. YEAH.

 

 

A. THERE ARE GUIDELINES CONCERNING CONFLICT OF

 

 

INTEREST AND -- NO.

 

 

Q. OKAY. BUT ARE THERE ANY GUIDELINES CONCERNING

 

 

CONFIDENTIALITY?

 

 

A. CONFIDENTIALITY, MEANING WHAT I DO AS A

 

 

CONSULTANT---

 

 

Q. RIGHT.

 

 

A. ---THAT SHOULD NOT BE PUBLIC?

 

 

Q. RIGHT.

 

 

A. AS FAR AS I KNOW, THERE AREN'T.

 

 

Q. WHEN YOU WORK FOR SOMEONE AS A PRIVATE CONSULTANT

 

 

AND YOU SEND IN WORK PRODUCT, DOES IT SAY "DUKE

 

 

UNIVERSITY" ON THE WORK PRODUCT?

 

 

A. NO.

 

 

Q. DOES IT SAY "DUKE WETLAND CENTER" ON THE WORK

 

 

PRODUCT?

 

 

A. NO.

 

 

Q. OKAY. NOW, DO YOU APPLY FOR GRANTS FROM TIME TO

 

 

TIME?

††††††††††††䥔䕍ിഌ

DR. RECKHOW VOLUME I PAGE 80

 

 

A. YES.

 

 

Q. HAVE YOU EVER APPLIED FOR ANY GRANT RELATING TO

 

 

THE EVERGLADES?

 

 

A. NO.

 

 

Q. HAVE YOU BEEN PART OF A GROUP OR HAD ANY CONTACT

 

 

AT ALL THROUGH REVIEW OR OTHERWISE OF A GRANT THAT

 

 

SOMEONE ELSE WAS MAKING RELATING TO ISSUES

 

 

CONCERNING THE EVERGLADES?

 

 

A. A GRANT PROPOSAL?

 

 

Q. YES.

 

 

A. NO.

 

 

Q. IS THERE SOMETHING WITH THE -- DID I MISSTATE

 

 

SOMETHING, YOU KNOW? THE WAY YOU ANSWERED THE

 

 

QUESTION MADE ME THINK THAT, IF I SAID IT A

 

 

DIFFERENT WAY, THERE WOULD BE -- THE ANSWER WOULD

 

 

BE YES.

 

 

A. NO, I JUST WANTED TO GET CLEAR WHAT YOU WERE

 

 

ASKING.

 

 

Q. I'VE GOT A TWO-PAGE VERSION OF YOUR RESUME.

 

 

A. YES.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

Q. IT HAS SELECTED PRESENTATIONS AND SELECTED

 

 

PUBLICATIONS AND CONSULTING ACTIVITY. CAN YOU

 

 

LOOK AT IT AND TELL ME, PLEASE, ANY THAT YOU

DR. RECKHOW VOLUME I PAGE 81

 

 

BELIEVE RELATE TO THE WORK THAT YOU'RE DOING IN

 

 

THIS PARTICULAR CASE? MAYBE, IF YOU COULD, JUST

 

 

PUT AN "X" NEXT TO ANY THAT---

 

 

A. THAT RELATE---

 

 

Q. TO THE TOPICS THAT YOU'VE DEALT WITH CONCERNING

 

 

THE EVERGLADES.

 

 

A. OKAY. LET ME JUST BE CLEAR---

 

 

Q. SURE.

 

 

A. ---YOU MENTIONED THE TOPICS I'VE DEALT WITH

 

 

CONCERNING THE EVERGLADES---

 

 

Q. RIGHT.

 

 

A. ---OR THIS CASE. AND I THINK OF THOSE NECESSARILY

 

 

AS---

 

 

Q. WELL, BOTH. SO, IF THERE'S -- IF ONE ARTICLE

 

 

APPLIES TO ONE AND NOT TO THE OTHER, JUST TELL ME

 

 

THAT.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. I DON'T SEE ANY OF THEM RELATING TO THE

 

 

EVERGLADES.

 

 

Q. ARE THERE OTHER PUBLICATIONS OR SPEECHES THAT

 

 

WOULD RELATE TO THE EVERGLADES---

 

 

A. NO.

 

 

Q. ---THAT AREN'T ON HERE?

 

 

A. NO.

†††††††††䄠‮†低മ

††††††††††䄮†⁎伮ഌ഍

DR. RECKHOW VOLUME I PAGE 82

 

 

Q. SO, IT'S SAFE TO SAY YOU'VE NEVER SPOKEN OR

 

 

WRITTEN ON ANY SUBJECT RELATING TO THE EVERGLADES.

 

 

A. IN ANY FORMAL SENSE, NO.

 

 

Q. JUST SO I'M CLEAR, A MINUTE AGO WHEN I WAS ASKING

 

 

YOU ABOUT GRANTS---

 

 

A. YES.

 

 

Q. ---IF I USED THE TERMS EITHER "CONTRACT PROPOSALS"

 

 

OR "RFP'S," WOULD YOUR ANSWER BE DIFFERENT?

 

 

A. GIVE THE QUESTION AGAIN.

 

 

Q. YEAH. THE QUESTION HAD TO DO WITH WHETHER YOU HAD

 

 

EVER MADE ANY GRANT APPLICATIONS YOURSELF RELATING

 

 

TO THE SUBJECTS CONCERNING THE EVERGLADES OR YOUR

 

 

WORK IN THIS CASE---

 

 

A. OR IF I'D EVER---

 

 

Q. ---OR IF YOU'D EVER REVIEWED ANYBODY ELSE'S. AND

 

 

NOW, I WANT TO KNOW, IF I CALLED THEM "CONTRACT

 

 

PROPOSALS" OR "RFP'S," WOULD YOUR ANSWER BE

 

 

DIFFERENT?

 

 

A. IT WOULD BE THE SAME.

 

 

Q. YOU HAVE NOT LOOKED AT ANY GRANTS, CONTRACT

 

 

PROPOSALS OR RFP'S OF ANYBODY ELSE RELATING TO THE

 

 

EVERGLADES.

 

 

A. THE ONLY THING THAT I HAVE LOOKED AT WITH REGARD

 

 

TO THE EVERGLADES WAS THE GENERAL RESEARCH PLAN

DR. RECKHOW VOLUME I PAGE 83

 

 

PROPOSED BY THE SOUTH FLORIDA WATER MANAGEMENT

 

 

DISTRICT THAT WENT TO BILL WALKER AND TO ME.

 

 

Q. OKAY. AND THAT WAS JUST PART OF YOUR WORK WITH

 

 

TOC?

 

 

A. WITH THE TOC.

 

 

Q. BEFORE YOU CAME HERE TODAY, DID YOU TALK TO

 

 

ANYBODY ABOUT THIS DEPOSITION?

 

 

A. I TALKED TO RICHARD AND TO DONNA.

 

 

Q. OKAY. WHEN DID YOU TALK TO THEM?

 

 

A. I TALKED TO DONNA YESTERDAY; RICHARD THIS MORNING,

 

 

AND DONNA THIS MORNING. I TALKED TO RICK BURGESS

 

 

ON THE PHONE.

 

 

Q. WHEN DID YOU TALK TO RICK BURGESS?

 

 

A. LAST NIGHT.

 

 

Q. OKAY. LET'S TALK ABOUT YOUR MEETING WITH DONNA.

 

 

HOW LONG WAS THAT MEETING?

 

 

A. A LITTLE LESS THAN TWO HOURS.

 

 

Q. OKAY. AND WHERE WAS THE MEETING?

 

 

A. THAT WAS AT THE DUKE WETLAND CENTER.

 

 

Q. AND WHAT WAS THE TOPIC OF THE MEETING?

 

 

MS. STINSON: DO YOU WANT JUST A

 

 

GENERAL SUBJECT. I'M GOING TO OBJECT---

 

 

MR. REID: WELL, I'M SORRY.

 

 

MS. STINSON: ---IF HE GETS INTO

DR. RECKHOW VOLUME I PAGE 84

 

 

COMMUNICATIONS WITH COUNSEL.

 

 

MR. REID: ON WHAT BASIS? HE'S NOT

 

 

YOUR CLIENT, IS HE?

 

 

MS. STINSON: HE IS OUR WITNESS. NO,

 

 

HE'S NOT OUR CLIENT.

 

 

MR. REID: I UNDERSTAND. HE'S YOUR

 

 

DESIGNATED EXPERT IN THIS -- A DESIGNATED

 

 

EXPERT IN THIS CASE, ISN'T HE?

 

 

MS. STINSON: THAT'S CORRECT.

 

 

MR. REID: OKAY.

 

 

A. I HAD NEVER GIVEN A DEPOSITION, AND SHE WAS GIVING

 

 

ME ADVICE AS TO WHAT I MIGHT EXPECT.

 

 

Q. (BY MR. REID) OKAY. DID YOU TALK ABOUT THE

 

 

SUBSTANCE OF YOUR OPINIONS OR YOUR WORK CONCERNING

 

 

THIS CASE?

 

 

A. I TOLD HER WHERE SONG WAS IN HIS WORK, JUST AS I

 

 

HAD MENTIONED TO YOU, AND WHERE WE HOPED IT WOULD

 

 

GO, JUST AS I HAD MENTIONED TO YOU.

 

 

Q. OKAY. SO, YOU DIDN'T TALK ABOUT ANY WORK EXCEPT

 

 

THIS PROPOSED DISSERTATION OF SONG?

 

 

A. LET ME THINK. WE TALKED BRIEFLY ABOUT SOME OF THE

 

 

DOCUMENTS THAT -- AS I RECALL, DONNA ASKED ME WHAT

 

 

THIS WAS OR WHAT THAT WAS.

 

 

Q. OKAY. WHAT DOCUMENTS DID YOU LOOK AT?

DR. RECKHOW VOLUME I PAGE 85

 

 

A. THE STACK THAT -- OF DOCUMENTS THAT WERE PRODUCED.

 

 

Q. OKAY. WHAT SPECIFIC DOCUMENTS DID SHE ASK YOU

 

 

ABOUT, THE WHOLE STACK?

 

 

A. WELL, THERE WERE A FEW THAT SHE WASN'T CLEAR WHAT

 

 

THEY WERE. AND ONE OF THEM WAS, AS I RECALL, WAS

 

 

A SET OF FIGURES, WHAT WE DECIDED WAS FROM

 

 

SOMETHING BILL WALKER HAD DONE.

 

 

Q. WHAT ELSE?

 

 

A. A REPORT THAT SONG HAD DONE FOR A CLASS THAT CURT

 

 

RICHARDSON HAD TAKEN AND WRITTEN FURTHER ON THE

 

 

HEAD "NO AUTHOR," AND WE IDENTIFIED THE AUTHOR.

 

 

Q. ANYTHING ELSE YOU REMEMBER?

 

 

A. WE TALKED ABOUT---

 

 

MS. STINSON: EXCUSE ME. LET ME --

 

 

I'M GOING TO OBJECT TO THE BREADTH OF THE

 

 

QUESTION AND INSTRUCT THE WITNESS NOT TO

 

 

ANSWER REGARDING ANY COMMUNICATIONS FROM ME,

 

 

COUNSEL, REGARDING ANYTHING WE TALKED ABOUT

 

 

IN CONNECTION WITH HIS -- HIS TESTIMONY IN

 

 

THIS CASE.

 

 

MR. REID: WELL, I DON'T WANT TO GET IN

 

 

AN ARGUMENT ABOUT IT, BUT LET ME JUST SAY,

 

 

FOR THE RECORD, TO PERHAPS SAVE EVERYBODY A

 

 

LOT OF TROUBLE OR EXPENSE DOWN THE ROAD, MY

DR. RECKHOW VOLUME I PAGE 86

 

 

UNDERSTANDING OF LAW IN FLORIDA, IS THAT ONCE

 

 

AN EXPERT IS DESIGNATED AS A WITNESS TO

 

 

TESTIFY AT TRIAL, THERE IS NO WORK PRODUCT

 

 

PROTECTION REGARDING THE SUBJECT MATTER OF

 

 

HIS TESTIMONY.

 

 

MS. STINSON: NO, I---

 

 

MR. REID: NOW, DO YOU KNOW OF SOME LAW

 

 

THAT'S DIFFERENT FROM THAT?

 

 

MS. STINSON: NO. AND I'M NOT OBJECTING

 

 

TO HIM TALKING ABOUT THE SUBJECT MATTER OF

 

 

HIS TESTIMONY. WHAT I AM OBJECTING TO AND

 

 

INSTRUCTING HIM NOT TO ANSWER ABOUT IS TRIAL

 

 

STRATEGY, COMMENTS FROM COUNSEL REGARDING

 

 

TRIAL STRATEGY, AND ANY DISCUSSIONS OF THOSE

 

 

TYPES OF ISSUES, IF THERE WERE ANY. AND

 

 

COMMUNICATIONS FROM COUNSEL CLEARLY ARE

 

 

PROTECTED AND ARE NOT DISCOVERABLE. WITH

 

 

REGARD TO WHAT THE SUBJECT MATTER OF HIS

 

 

TESTIMONY IS, I ABSOLUTELY AGREE, ALL OF THAT

 

 

IS TOTALLY DISCOVERABLE.

 

 

MR. REID: OKAY.

 

 

Q. (BY MR. REID) WELL, I'M OBVIOUSLY TALKING ABOUT

 

 

WHAT -- YOUR CONVERSATIONS CONCERNING YOUR

 

 

TESTIMONY HERE TODAY AND THE SUBJECT MATTER OF

DR. RECKHOW VOLUME I PAGE 87

 

 

YOUR TESTIMONY RELATING TO THE EVERGLADES AND SO

 

 

FORTH.

 

 

A. (NODS AFFIRMATIVELY.)

 

 

Q. SO, WITH THAT UNDERSTANDING, YOU CAN ANSWER THE

 

 

QUESTION, I GUESS.

 

 

A. WE ALSO TALKED ABOUT A REPORT THAT BILL WALKER HAD

 

 

DONE ON TREND ANALYSIS.

 

 

Q. OKAY. HAD YOU LOOKED AT THAT REPORT BEFORE?

 

 

A. YEAH, ABOUT YEAR AND A HALF, TWO YEARS AGO.

 

 

Q. DID YOU EXPRESS OPINIONS RELATING TO THAT REPORT

 

 

YESTERDAY IN THE MEETING?

 

 

A. I DIDN'T EXPRESS ANY OPINIONS, AS I RECALL, ABOUT

 

 

THAT REPORT IN THE MEETING YESTERDAY.

 

 

Q. OKAY. WHAT'D YOU SAY ABOUT THAT REPORT?

 

 

A. OH, WHAT I DID SAY ABOUT THE REPORT IS THAT I

 

 

DIDN'T SEE THAT IT WAS RELEVANT IN TERMS OF WHAT

 

 

WE WERE DOING -- THAT IS, SONG AND I WERE DOING.

 

 

Q. OKAY. YOU MEAN -- WHEN YOU SAY WHAT YOU AND SONG

 

 

WERE DOING, JUST SO WE'RE CLEAR, YOU'RE TALKING

 

 

ABOUT THIS PROPOSED DISSERTATION TOPIC.

 

 

A. YES, YES.

 

 

Q. WHEN WILL HE GO BEFORE THE COMMITTEE TO HAVE THAT

 

 

APPROVED?

 

 

A. HE SAID YESTERDAY, HE HOPES BY THE END OF THE

DR. RECKHOW VOLUME I PAGE 88

 

 

SUMMER AND I HOPE BY THE END OF THE SUMMER, TOO.

 

 

I EXPECT BY THE END OF THE SUMMER.

 

 

Q. SO HE WON'T START SUBSTANTIVE WORK ON THE TOPIC

 

 

UNTIL THE COMMITTEE APPROVES IT?

 

 

A. HE WON'T START SUBSTANTIVE WORK UNTIL THE

 

 

COMMITTEE APPROVES IT. HE WILL DEVELOP IT ONLY

 

 

TO THE EXTENT OF SHOWING THE COMMITTEE ITS

 

 

PROSPECTS.

 

 

Q. I SEE. OKAY. ANY OTHER TOPICS OF DISCUSSION

 

 

WITHIN THE FRAMEWORK THAT WE DESCRIBED YESTERDAY

 

 

WITH MS. STIM---

 

 

MR. REID: I ALWAYS GET YOUR NAME

 

 

CONFUSED.

 

 

MS. STINSON: I-N-S-O-N.

 

 

MR. REID: IT'S "N," NOT "M."

 

 

MS. STINSON: STINSON.

 

 

MR. REID: I KNOW SOMEBODY NAMED

 

 

STIMSON. STINSON. EXCUSE ME.

 

 

MR. FITZGERALD: LIKE THE OLD AIRPLANE.

 

 

MS. STINSON: RIGHT.

 

 

MR. REID: PARDON?

 

 

MR. FITZGERALD: STINSON, THE OLD

 

 

AIRPLANE.

 

 

MS. STINSON: AIRPLANE.

DR. RECKHOW VOLUME I PAGE 89

 

 

A. I DON'T REMEMBER ANY.

 

 

MS. STINSON: MY MAIDEN NAME

 

 

WAS HOLSHOUSER, IF YOU WANT TO USE THAT

 

 

NAME.

 

 

Q. (BY MR. REID) ALL RIGHT. NOW, YOU HAD A MEETING

 

 

WITH -- WHO ELSE DID YOU HAVE A MEETING WITH

 

 

YESTERDAY? YOU SAID YOU HAD THE TWO-HOUR MEETING.

 

 

A. WE HAD JUST THAT TWO-HOUR MEETING.

 

 

Q. OKAY. DID YOU---

 

 

A. THAT WAS IT.

 

 

Q. ---AND YOU SPOKE WITH RICK BURGESS, YOU SAID.

 

 

A. RICK BURGESS, YEAH.

 

 

Q. OKAY. NOW, TELL ME ABOUT THAT CONVERSATION.

 

 

MR. RUSSELL: I'M JUST GOING TO INSTRUCT

 

 

THE WITNESS. YOU CAN ANSWER---

 

 

MR. REID: SAME UNDERSTANDING.

 

 

MR. FITZGERALD: SAME UNDERSTANDING,

 

 

YEAH.

 

 

A. NOW---

 

 

MR. FITZGERALD: I NEED A CLARIFICATION

 

 

HERE. I DON'T ACCEPT THAT.

 

 

MR. REID: THAT'S FINE.

 

 

MR. FITZGERALD: BECAUSE IT SEEMS TO ME

 

 

THAT THIS WITNESS IS NOT DESIGNATED BY THE

DR. RECKHOW VOLUME I PAGE 90

 

 

SUGAR CANE LEAGUE. AND SHOULD THE SUGAR CANE

 

 

LEAGUE ATTORNEYS DECIDE TO SPEAK WITH HIM,

 

 

THERE IS NO PROTECTION WHATSOEVER.

 

 

MR. REID: YEAH.

 

 

MR. FITZGERALD: IT IS NOT WORK PRODUCT.

 

 

MR. REID: OKAY. NO PROBLEM.

 

 

MR. FITZGERALD: HE'S -- HE IS WHAT?

 

 

WHAT?

 

 

MR. RUSSELL: EXCUSE ME.

 

 

MR. REID: I THINK Y'ALL ARE WITHDRAWING

 

 

HIM AS AN EXPERT.

 

 

MR. FITZGERALD: OH, OKAY.

 

 

MS. STINSON: THAT'S TRUE.

 

 

MR. REID: SO, I DON'T THINK HE'S YOUR

 

 

EXPERT ANY MORE.

 

 

MS. STINSON: THAT'S TRUE.

 

 

MR. FITZGERALD: I HAVE THE DOCUMENT

 

 

HERE. WE CAN MAKE IT A PART OF THE RECORD,

 

 

IF WE HAVE TO.

 

 

MR. RUSSELL: THAT'S TRUE, BUT THE --

 

 

OH, YEAH, I AGREE WITH THAT, THAT WE'VE

 

 

WITHDRAWN HIM AS AN EXPERT.

 

 

MR. FITZGERALD: OH.

 

 

MR. RUSSELL: THAT'S CORRECT.

DR. RECKHOW VOLUME I PAGE 91

 

 

MR. REID: HE'S NOT---

 

 

MR. RUSSELL: THAT'S CORRECT.

 

 

MR. REID: ---YOUR WITNESS ANY FURTHER

 

 

AND HE'S---

 

 

MR. REID: YEAH.

 

 

MR. RUSSELL: ---NOT A CONSULTANT FOR

 

 

YOU, SO---

 

 

MR. REID: WELL---

 

 

MR. RUSSELL: HE'S TESTIFIED---

 

 

MR. REID: ---WHEN HE HAD BEEN A---

 

 

MR. RUSSELL: ---WELL, WE HAD TALKED

 

 

EARLIER ABOUT THE FACT THAT HE WAS A

 

 

NON-TESTIFYING EXPERT IN ANOTHER MATTER.

 

 

MR. REID: OKAY.

 

 

MR. RUSSELL: AND, IN FACT, THAT'S WHAT

 

 

THE DISCUSSION WITH ME AND WITH RICK BURGESS

 

 

WAS, TO DETERMINE WHETHER OR NOT WE WERE

 

 

TRYING TO GET BACK A REPORT WHICH WAS

 

 

INADVERTENTLY GIVEN TO YOU FOLKS. AND I'VE

 

 

ASKED MS. STINSON TO REQUEST THAT. PERHAPS

 

 

NOW IS THE TIME FOR HER TO REQUEST IT, BUT AT

 

 

THE TIME SHE DID NOT REALIZE THAT IT WAS THE

 

 

WORK PRODUCT OF A NON-TESTIFYING EXPERT AND

 

 

THAT'S WHY IT WAS PRODUCED.

DR. RECKHOW VOLUME I PAGE 92

 

 

MR. REID: WELL, WHAT REPORT IS IT?

 

 

MS. STINSON: IT'S THE WALKER ONE,

 

 

EVERGLADES NATIONAL PARK TRENDS, AND WE

 

 

HAVEN'T GOTTEN TO THE DOCUMENTS---

 

 

MR. REID: YEAH.

 

 

MS. STINSON: ---BUT IT IS MY INTENT TO

 

 

REQUEST THAT BACK---

 

 

MR. REID: OKAY. I GUESS MY---

 

 

MS. STINSON: ---AS BEING INADVERTENTLY

 

 

PRODUCED. BUT I DON'T KNOW---

 

 

MR. REID: WELL, YOU'RE NOT SAYING

 

 

THAT'S PRIVILEGED, ARE YOU?

 

 

MS. STINSON: THE -- I AM ASKING FOR IT

 

 

BACK. THE LEAGUE HAS ASSERTED A PRIVILEGE

 

 

OVER IT BECAUSE IT WAS DONE IN CONNECTION

 

 

WITH HIS WORK AS A NON-TESTIFYING EXPERT.

 

 

MR. REID: WALKER'S?

 

 

MR. RUSSELL: IT'S NOT THE REPORT

 

 

ITSELF.

 

 

MS. STINSON: THE COMMENTS -- THE

 

 

HANDWRITTEN COMMENTS---

 

 

MR. REID: AH, COMMENTS.

 

 

MS. STINSON: ---ON IT. NO, WALKER'S

 

 

REPORT, YOU CAN HAVE ALL OF THOSE YOU WANT.

DR. RECKHOW VOLUME I PAGE 93

 

 

MR. REID: OKAY.

 

 

MR. FITZGERALD: I WAS GOING TO SUGGEST

 

 

I WOULD HAVE SOMETHING TO SAY ABOUT THAT---

 

 

MR. REID: ALL RIGHT.

 

 

MR. FITZGERALD: ---SINCE THAT REPORT

 

 

HAS GONE OUT TO THE WORLD.

 

 

MS. STINSON: OKAY.

 

 

MR. REID: ALL RIGHT. WE'LL TALK ABOUT

 

 

IT LATER.

 

 

EXAMINATION BY MR. REID CONTINUES:

 

 

Q. ALL RIGHT. LET ME -- LET'S GO BACK. I WAS ASKING

 

 

YOU ABOUT YOUR TELEPHONE CONVERSATION YESTERDAY---

 

 

A. YEAH.

 

 

Q. ---WITH MR. BURGESS, AND COUNSEL HAS JUST

 

 

INDICATED THAT IT HAD TO DO WITH SOME NOTES THAT

 

 

YOU MADE ON A -- ON BILL WALKER'S REPORT.

 

 

A. YEAH.

 

 

Q. AND, ASIDE FROM THAT TOPIC, WERE THERE ANY OTHER

 

 

TOPICS THAT RELATED TO THE EVERGLADES OR TO THIS

 

 

CASE?

 

 

A. ACTUALLY, I THINK IT RELATED TO WHAT WAS JUST

 

 

STATED, WHICH IS THAT RICK TOLD ME I'M NO LONGER

 

 

LISTED AS AN EXPERT WITNESS IN THIS.

 

 

Q. UH-HUH (YES). OKAY. ANYTHING ELSE IN THAT

DR. RECKHOW VOLUME I PAGE 94

 

 

CONVERSATION?

 

 

A. NO.

 

 

Q. NOW, DID YOU HAVE ANOTHER CONVERSATION TODAY WITH

 

 

ANYBODY?

 

 

A. WITH RICHARD AND WITH DONNA---

 

 

Q. AND WHAT---

 

 

A. ---ABOUT FIFTEEN MINUTES -- BETWEEN 10:00 AND

 

 

10:15 THIS MORNING.

 

 

Q. OKAY. AND WHAT WAS THE TOPIC OF THAT MEETING?

 

 

A. THEY JUST TOLD ME TO TELL THE TRUTH, WHICH IS WHAT

 

 

WE'RE DOING.

 

 

Q. SO, YOU DIDN'T TALK ABOUT THE SUBSTANCE OF YOUR

 

 

OPINIONS OR TESTIMONY?

 

 

A. (NODS NEGATIVELY.)

 

 

Q. BEFORE THAT MEETING YESTERDAY, WHEN'S THE LAST

 

 

TIME YOU HAD A MEETING WITH ANYBODY ABOUT THE

 

 

EVERGLADES OR YOUR WORK IN THIS CASE? AND BY

 

 

THAT, I MEAN ANYBODY.

 

 

A. I MET WITH -- DONNA CAME HERE A COUPLE MONTHS AGO,

 

 

I GUESS. AND IT EITHER WAS THAT OR WHEN I WAS

 

 

DOWN AT THE DISTRICT ON OKEECHOBEE. I SPOKE VERY

 

 

BRIEFLY ON THE EVERGLADES WITH TOM FONTAINE.

 

 

Q. OKAY. NOW, THAT'S -- YOU MENTIONED DONNA AND YOU

 

 

MENTIONED TOM FONTAINE.

DR. RECKHOW VOLUME I PAGE 95

 

 

A. YEAH. I JUST DON'T REMEMBER WHICH WAS THE LAST

 

 

ONE.

 

 

Q. OKAY. WELL, LET'S TALK ABOUT WITH DONNA FIRST,

 

 

AND THEN WE'LL TALK ABOUT TOM. WHAT WAS THE

 

 

SUBJECT MATTER OF YOUR MEETING WITH DONNA?

 

 

WITNESS: I HATE TO ADMIT IT, DONNA,

 

 

BUT I DON'T REMEMBER WHAT---

 

 

Q. SHE MADE A LASTING IMPRESSION ON YOU, RIGHT?

 

 

A. MADE A LASTING IMPRESSION.

 

 

Q. OKAY. AND HOW ABOUT WITH TOM? DO YOU REMEMBER

 

 

THAT?

 

 

A. YES. IT WAS TO GET A MEETING WITH BILL WALKER AND

 

 

WITH TOM FONTAINE TO RESURRECT THE EVERGLADES

 

 

MONITORING TOC SUBCOMMITTEE.

 

 

Q. OKAY. BEFORE THAT, CAN YOU REMEMBER ANY MEETINGS

 

 

ABOUT THE EVERGLADES OR CONVERSATIONS?

 

 

A. I THINK THE LAST MEETING MAY HAVE BEEN SOMETIME

 

 

LAST SUMMER. IT WAS PROBABLY THE FIRST MEETING I

 

 

HAD ON THIS WORK THAT SONG HAS BEGUN.

 

 

Q. AND THAT WAS A MEETING WITH WHOM?

 

 

A. I THINK IT INVOLVED SONG AND CURT RICHARDSON AND

 

 

ME AND BILL GREEN AND RICK BURGESS.

 

 

Q. AND THAT WAS A MEETING UP HERE AT DUKE?

 

 

A. YES.

DR. RECKHOW VOLUME I PAGE 96

 

 

Q. AND TELL ME WHAT THE TOPIC COVERED IN THAT MEETING

 

 

WAS -- OR TOPICS.

 

 

A. GEE, I DON'T RECALL VERY WELL, BUT I -- WE

 

 

OUTLINED -- THAT IS, WE -- SONG AND ME -- WHAT HE

 

 

HOPED TO DO ON HIS RESEARCH.

 

 

Q. AND WHAT WAS THAT?

 

 

A. IN ESSENCE, WHAT I SAID TO YOU, IS TO USE

 

 

STATISTICAL METHODS TO LOOK AT WETLANDS TRAPPINGS

 

 

OF NUTRIENTS.

 

 

Q. IN A PARTICULAR AREA?

 

 

A. IN DATA THAT HE COULD OBTAIN, BOTH WCA-2A AS WELL

 

 

AS OTHER WETLANDS.

 

 

Q. WHAT OTHER WETLANDS BESIDES 2A?

 

 

A. THE ONLY THING THAT WE WERE AWARE OF AS A GOOD

 

 

DATA SOURCE IS THE WORK THAT KADLEC HAD DONE, I

 

 

BELIEVE, FOR THE DISTRICT -- FOR THE NORTH

 

 

AMERICAN DATABASE.

 

 

Q. OKAY. HOW LONG DID THAT MEETING LAST?

 

 

A. I THINK I WAS INVOLVED IN THE MEETING FOR A COUPLE

 

 

OF HOURS.

 

 

Q. HAVE YOU MET WITH ANY OTHER EXPERT WITNESSES FOR

 

 

ANY OF THE FARMING INTERESTS IN THIS CASE?

 

 

A. THERE WAS ONE OTHER MEETING I DO REMEMBER. LAST

 

 

FALL THERE WAS A MEETING IN DURHAM, AND I CAME FOR

DR. RECKHOW VOLUME I PAGE 97

 

 

ONLY ABOUT A HALF HOUR.

 

 

Q. AND WHO WAS AT THAT MEETING?

 

 

A. SEVERAL PEOPLE, AND I DON'T REMEMBER

 

 

EVERYONE -- CURT RICHARDSON, BILL GREEN,

 

 

PHIL PARSONS -- AND A NUMBER OF SCIENTISTS, AND I

 

 

JUST DON'T REMEMBER. I WAS THERE VERY BRIEFLY. I

 

 

CAME OVER JUST AT A BREAK. I WAS THERE FOR ABOUT

 

 

A HALF HOUR.

 

 

Q. DID YOU CONTRIBUTE ANYTHING TO THE MEETING?

 

 

A. I TALKED ABOUT THINGS THAT I THOUGHT WE WOULD

 

 

DO---

 

 

Q. SAME SUBJECT MATTER?

 

 

A. ---THROUGH SONG'S RESEARCH. YEAH.

 

 

Q. OKAY. NOW, I WAS ASKING YOU IF YOU HAVE MET WITH

 

 

ANY OTHER EXPERTS FOR ANY OF THE FARM INTERESTS?

 

 

A. I DON'T REMEMBER MEETING WITH ANY.

 

 

Q. OKAY. AND YOU MENTIONED THE LAWYERS -- THE

 

 

MEETINGS YOU HAD WITH LAWYERS?

 

 

A. UH-HUH (YES).

 

 

Q. OKAY. I WANT TO GO BACK TO, SAY, A YEAR AND A

 

 

HALF AGO WHEN RICK BURGESS CALLED YOU TO ASK YOU

 

 

TO CONSULT ON BEHALF OF THE SUGAR CANE LEAGUE---

 

 

MS. STINSON: OBJECT TO FORM. I THINK

 

 

IT MISCHARACTERIZES.

DR. RECKHOW VOLUME I PAGE 98

 

 

MR. REID: WHICH PART?

 

 

MS. STINSON: TESTIMONY. I DON'T

 

 

BELIEVE HE TESTIFIED THAT RICK CALLED HIM A

 

 

YEAR AND A HALF AGO. I THINK---

 

 

MR. REID: THAT'S MY NOTE.

 

 

MS. STINSON: OKAY. WELL---

 

 

Q. (BY MR. REID) ALL RIGHT. WHEN DID RICK BURGESS

 

 

CALL YOU AND -- WHEN PEEPLES, EARL ASKED -- AND

 

 

ASKED YOU TO BE A CONSULTANT FOR THE SUGAR CANE

 

 

LEAGUE? I WROTE DOWN A YEAR AND A HALF AGO.

 

 

A. IT WAS ABOUT A YEAR AGO THAT I STOPPED WORKING FOR

 

 

THEM, ONCE I STARTED WORKING FOR THE DISTRICT.

 

 

Q. WELL---

 

 

A. I DON'T RECALL WHEN MY INITIAL CONTACT WAS, BUT IT

 

 

WAS BEFORE A YEAR AND A HALF AGO.

 

 

Q. OKAY. WELL, WHENEVER IT WAS---

 

 

A. YEAH. TWO AND A HALF YEARS AGO.

 

 

Q. ---THAT WOULD BE IN YOUR RECORDS THAT YOU HAVE

 

 

BACK AT YOUR OFFICE?

 

 

A. IT MAY BE. I'M NOT SOMEONE WHO KEEPS THOROUGH

 

 

RECORDS, BUT IT MAY BE.

 

 

Q. OKAY. ALL RIGHT. LET'S GO BACK TO THAT TIME

 

 

THEN---

 

 

A. YEAH.

††††††††††䄮†⁙䕁䠮ഌ

DR. RECKHOW VOLUME I PAGE 99

 

 

Q. ---WHEN HE CALLED YOU. TELL ME WHAT HE CALLED YOU

 

 

FOR.

 

 

A. I HONESTLY DON'T REMEMBER.

 

 

Q. YOU DON'T HAVE ANY IDEA WHY HE CALLED YOU?

 

 

A. WELL, I KNOW THAT IT -- I'VE WORKED WITH HIM AS A

 

 

SPINOFF OF WORK ON OKEECHOBEE; AT LEAST THAT'S THE

 

 

WAY IT APPEARED TO ME. AND I DON'T REMEMBER WHEN

 

 

THE FIRST CONTACT WAS, AND WHAT THE NATURE -- WHAT

 

 

THE FIRST PIECE OF WORK I DID FOR THEM.

 

 

Q. OKAY. NOW, I UNDERSTOOD YOUR LAKE OKEECHOBEE WORK

 

 

WAS FOR THE SUGAR CANE LEAGUE, BUT YOU WERE

 

 

RETAINED BY A DIFFERENT LAW FIRM, OR WAS THAT AN

 

 

ENGINEERING FIRM THAT RETAINED YOU? I MAY HAVE

 

 

GOTTEN MY NOTES -- LANDERS & PARSONS.

 

 

A. MY INITIAL CONTACT, WHICH MAY HAVE BEEN FOUR YEARS

 

 

AGO, WAS THROUGH PEEPLES, EARL & BLANK.

 

 

Q. OH, NOW, YOU DIDN'T TELL ME ABOUT THAT YET.

 

 

A. NO, THAT'S WHAT LED TO THE OKEECHOBEE WORK.

 

 

Q. OKAY.

 

 

A. THE WORK WAS THROUGH PHIL PARSONS, BUT THE INITIAL

 

 

CONTACT WAS THROUGH PEEPLES, EARL & BLANK.

 

 

Q. OKAY. SO PEEPLES, EARL CALLED YOU TO WORK ON LAKE

 

 

OKEECHOBEE ON BEHALF OF THE SUGAR CANE LEAGUE?

 

 

A. I CAN'T -- DON'T REMEMBER THE SEQUENCE OF

DR. RECKHOW VOLUME I PAGE 100

 

 

ACTIVITIES -- WHO CALLED -- BUT I DO REMEMBER THAT

 

 

THE INITIAL CONTACT WAS THROUGH PEEPLES, EARL &

 

 

BLANK.

 

 

Q. OKAY. AND THEN YOU DID THAT WORK THAT YOU TOLD ME

 

 

ABOUT ON LAKE OKEECHOBEE?

 

 

A. ON LAKE OKEECHOBEE, YES.

 

 

Q. AND THEN THAT'S FINISHED?

 

 

A. YES.

 

 

Q. AND THEN AT SOME POINT SOMEBODY CALLED YOU -- RICK

 

 

BURGESS CALLED YOU ABOUT GETTING INVOLVED IN THE

 

 

EVERGLADES ISSUES IN SOME MANNER?

 

 

A. YEAH. AT SOMEWHERE ALONG THE LINES, WE TALKED

 

 

ABOUT EVERGLADES ACTIVITY, OR THINGS HAVING TO DO

 

 

WITH THE EVERGLADES. I DON'T -- WELL, YEAH. I

 

 

WAS GOING TO SAY I DON'T RECALL ACTUALLY WORKING

 

 

ON THE EVERGLADES, BUT---

 

 

Q. WELL, THIS CONVERSATION WITH RICK BURGESS, WHAT

 

 

WAS THE POINT OF THAT CONVERSATION?

 

 

A. I JUST DON'T REMEMBER. I DON'T THINK OF A SINGLE

 

 

CONVERSATION AS INITIATING THE WORK.

 

 

Q. OKAY. WELL, WHAT DID YOU -- AT SOME POINT, YOU

 

 

STARTED DOING SOME WORK FOR THE SUGAR CANE LEAGUE

 

 

RELATING TO THE EVERGLADES?

 

 

A. YES.

DR. RECKHOW VOLUME I PAGE 101

 

 

Q. AND WHAT WAS THE NATURE OF THAT WORK?

 

 

A. I WAS ASKED TO LOOK AT SOME WORK THAT BILL WALKER

 

 

HAD DONE.

 

 

Q. AND WHAT, SPECIFICALLY, DID YOU LOOK AT?

 

 

A. I LOOKED AT SOME WORK THAT HE HAD DONE ON TREND

 

 

DETECTION, AND WATER QUALITY, PARTICULARLY IF, I

 

 

GUESS, IT JUST WAS PHOSPHORUS CONCENTRATION.

 

 

Q. WOULD THAT BE IN THE PARK?

 

 

A. I DON'T THINK IT WAS IN THE PARK.

 

 

Q. BUT IT WAS TREND ANALYSIS THAT HE WAS DOING?

 

 

A. YES.

 

 

Q. AND IT HAD TO DO WITH PHOSPHORUS?

 

 

A. YES.

 

 

Q. DO YOU REMEMBER WHERE IT WAS?

 

 

A. I DON'T REMEMBER EXACTLY WHERE IT WAS.

 

 

Q. OKAY. AND DID YOU SEE A REPORT?

 

 

A. YES.

 

 

Q. AND IS THAT THE REPORT THAT HAS YOUR NOTES ON IT

 

 

THAT WE TALKED ABOUT EARLIER?

 

 

A. YES.

 

 

Q. AND THOSE NOTES WOULD BE YOUR REACTION, YOUR

 

 

COMMENTS TO BILL WALKER'S WORK?

 

 

A. YES.

 

 

Q. AND YOU DON'T REMEMBER WHEN YOU DID THAT?

DR. RECKHOW VOLUME I PAGE 102

 

 

A. NO, I DO REMEMBER WHEN THAT OCCURRED---

 

 

Q. OKAY.

 

 

A. ---IN THE SUMMER OF '91.

 

 

Q. OKAY. YOU WERE CRITIQUING BILL WALKER'S WORK, IN

 

 

EFFECT?

 

 

A. YES.

 

 

Q. OKAY. AND ONCE YOU CRITIQUED HIS WORK, DID YOU DO

 

 

A REPORT OF ANY SORT?

 

 

A. I DON'T RECALL DOING A REPORT.

 

 

Q. HOW DID YOU REPORT YOUR CRITIQUE?

 

 

A. BY PERSONAL CONVERSATION -- BY TELEPHONE

 

 

CONVERSATION.

 

 

Q. WITH MR. BURGESS?

 

 

A. YES.

 

 

Q. ALL RIGHT. AND WE'LL TALK ABOUT THAT IN A

 

 

MINUTE---

 

 

A. OKAY.

 

 

Q. ---BUT HOW MUCH TIME DID YOU SPEND ON THAT

 

 

PROJECT?

 

 

A. SOMEWHERE IN THE ORDER OF A FEW DAYS TO A WEEK.

 

 

Q. AND ONCE YOU REPORTED YOUR FINDINGS TO

 

 

MR. BURGESS, DID THAT CONCLUDE THE CONSULTING WORK

 

 

YOU WERE DOING AT THAT TIME FOR THE LEAGUE?

 

 

A. THAT MAY HAVE BEEN PRETTY CLOSE TO THE END OF THE

DR. RECKHOW VOLUME I PAGE 103

 

 

CONSULTING WORK THAT I HAD DONE.

 

 

Q. DID YOU DO ANYTHING ELSE BESIDES REVIEW

 

 

BILL WALKER'S WORK?

 

 

A. I HAD A -- A FORMER STUDENT LOOKED AT SOME OF THE

 

 

CODE THAT BILL WALKER HAD WRITTEN TO DO THE TREND

 

 

ANALYSIS. I DIDN'T DO THAT.

 

 

Q. WHO'S YOUR FORMER STUDENT?

 

 

A. HIS NAME IS BILL WARREN-HICKS

 

 

-- WILLIAM WARREN-HICKS.

 

 

Q. ONE OF THOSE HYPHENATED NAMES?

 

 

A. YES.

 

 

(THEREUPON, THERE WAS AN

 

 

OFF-THE-RECORD DISCUSSION

 

 

WHICH WAS NOT REPORTED

 

 

BY THE COURT REPORTER.)

 

 

Q. (BY MR. REID) ALL RIGHT. WERE YOU GETTING PAID

 

 

BY THE HOUR FOR THAT WORK?

 

 

A. YOU KNOW, I DON'T REMEMBER WHETHER IT WAS BY THE

 

 

HOUR OR JUST A SET FEE.

 

 

Q. THEN YOU WERE DOING THIS AS A PRIVATE CONSULTANT?

 

 

A. YES.

 

 

Q. AND YOU'D HAVE A RECORD OF YOUR BILLINGS BACK AT

 

 

YOUR OFFICE?

 

 

A. I PROBABLY HAVE A RECORD BACK AT MY OFFICE.

DR. RECKHOW VOLUME I PAGE 104

 

 

Q. AND HOW MUCH DID YOU GET FOR THIS JOB; DO YOU HAVE

 

 

ANY IDEA?

 

 

A. I DON'T REMEMBER.

 

 

Q. ALL RIGHT. WHAT'S THE NEXT THING YOU DID FOR THE

 

 

SUGAR CANE LEAGUE?

 

 

A. I RECALL HAVING CONVERSATIONS WITH RICK BURGESS;

 

 

WITH JOHN DAVIS. I DON'T REMEMBER THE DETAILS,

 

 

AND I DON'T REMEMBER DOING MUCH WORK BEYOND THAT.

 

 

Q. NOW, A MINUTE AGO I WAS ASKING YOU ABOUT ALL THE

 

 

TIMES YOU HAD MET OR TALKED WITH OTHER EXPERTS.

 

 

A. THAT WAS CONCERNING THE EVERGLADES, YEAH.

 

 

Q. YEAH. AND SO WITH JOHN DAVIS, YOU DID NOT TALK TO

 

 

HIM ABOUT THE EVERGLADES?

 

 

A. WHAT YOU ASKED ME ABOUT WAS IN THAT TIME PERIOD,

 

 

BASICALLY, SINCE WE STARTED THE PROJECT, AND

 

 

THAT'S WHAT I WAS RESPONDING TO.

 

 

Q. WELL, THAT WAS A MISUNDERSTANDING. I WANTED TO

 

 

KNOW ALL THE MEETINGS AND CONVERSATIONS YOU'VE

 

 

EVER HAD ABOUT THE EVERGLADES WITH---

 

 

A. I DON'T KNOW THAT WE EVER TALKED ABOUT THE

 

 

EVERGLADES. I THINK MOST OF OUR CONVERSATION AT

 

 

THAT POINT WAS ABOUT LOXAHATCHEE.

 

 

Q. WELL, OKAY. BY EVERGLADES, I MEAN EVERYTHING

 

 

SOUTH OF LAKE OKEECHOBEE TO FLORIDA BAY, AND AS

DR. RECKHOW VOLUME I PAGE 105

 

 

FAR AS IT GOES COAST TO COAST.

 

 

A. UH-HUH (YES), OKAY.

 

 

Q. I DON'T KNOW WHAT YOU THOUGHT I MEANT BY

 

 

EVERGLADES. YOU DON'T CONSIDER LOXAHATCHEE PART

 

 

OF THE EVERGLADES?

 

 

A. I'M NOT THAT FAMILIAR WITH SOUTH FLORIDA. SO, NO,

 

 

I'D THINK OF EVERGLADES AS THE PARK.

 

 

Q. OKAY. DOES THAT CHANGE ANY OF YOUR TESTIMONY

 

 

TODAY?

 

 

A. NO.

 

 

Q. OKAY.

 

 

MR. FITZGERALD: WE MAY NEED A

 

 

STIPULATION ON THE DEFINITION OF THE

 

 

SWIM PLAN SO WE'RE ALL PLAYING OFF THE

 

 

SAME CARDS.

 

 

MR. REID: I KNOW. OKAY.

 

 

Q. (BY MR. REID) ALL RIGHT. WHAT DID YOU TALK TO

 

 

JOHN DAVIS ABOUT?

 

 

A. I DON'T REMEMBER THE SPECIFICS. IT, NO DOUBT, WAS

 

 

CONCERNING CONCLUSIONS IN THE REVIEW OF

 

 

BILL WALKER'S REPORT.

 

 

Q. THE SAME REPORT THAT YOU CRITIQUED?

 

 

A. YES.

 

 

Q. OKAY.

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DR. RECKHOW VOLUME I PAGE 106

 

 

A. AND IT ALSO, AS I RECALL, RELATED TO DISCUSSION OF

 

 

CONCENTRATIONS OF PHOSPHORUS IN THE CANALS AND

 

 

CONCENTRATIONS INSIDE THE LOXAHATCHEE.

 

 

Q. AND WERE YOU DRAWING CONCLUSIONS ABOUT THAT?

 

 

A. NO.

 

 

Q. WAS HE?

 

 

A. I DON'T REMEMBER.

 

 

Q. WHAT WERE YOU TALKING ABOUT?

 

 

A. IT JUST WAS GENERAL DISCUSSION. I NEVER GOT

 

 

HEAVILY INVOLVED IN THAT WORK.

 

 

Q. OKAY. ANYBODY ELSE -- ANY OTHER CONVERSATIONS OR

 

 

MEETINGS WITH ANY EXPERTS?

 

 

A. ANY EXPERTS SOUTH OF LAKE OKEECHOBEE?

 

 

Q. CONCERNING THIS CASE OR THE BROADER EVERGLADES.

 

 

A. I HAD A PHONE CONVERSATION, LASTED ABOUT FIVE

 

 

MINUTES -- I THINK IT WAS LAST FALL -- WITH A

 

 

CONSULTANT FROM TETRA TECH, WHO ASKED ME ABOUT OUR

 

 

MODEL. AND I TOLD HIM WE HAD NO MODEL.

 

 

Q. WHO WAS THAT?

 

 

A. THE NAME'S RIGHT ON THE TIP OF MY TONGUE AND I

 

 

JUST DON'T REMEMBER.

 

 

Q. WHEN WAS THE CONVERSATION?

 

 

A. I BELIEVE IT WAS LAST FALL.

 

 

Q. OKAY.

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DR. RECKHOW VOLUME I PAGE 107

 

 

MR. FITZGERALD: FOR THE SAKE OF MOVING

 

 

THAT ALONG---

 

 

MR. REID: YES.

 

 

MR. FITZGERALD: ---COULD I SUGGEST

 

 

MUNSON?

 

 

WITNESS: MUNSON, YEAH.

 

 

MR. REID: OKAY.

 

 

Q. (BY MR. REID) ALL RIGHT. ANY OTHER

 

 

CONVERSATIONS?

 

 

A. I TALKED TO BILL WALKER OFF AND ON.

 

 

Q. UH-HUH (YES), OKAY. ANYBODY ELSE?

 

 

A. OTHER THAN SCIENTISTS AT THE DISTRICT, NO. I JUST

 

 

DON'T REMEMBER ANY.

 

 

Q. RIGHT NOW, WE WERE TALKING ABOUT THIS ONE

 

 

CONSULTING JOB YOU DID FOR THE LEAGUE, AND I WAS

 

 

MOVING AHEAD. ASIDE FROM THESE CONVERSATIONS

 

 

YOU'VE RELATED, AND YOUR REVIEW OF WALKER'S WORK,

 

 

DID YOU DO ANYTHING ELSE IN THAT CONSULTING WORK

 

 

FOR THE LEAGUE?

 

 

MS. STINSON: EXCUSE ME. WOULD YOU

 

 

READ BACK THAT QUESTION?

 

 

(THEREUPON, THE QUESTION APPEARING

 

 

ON PAGE 107, LINES 15 - 20, INCLUSIVE,

 

 

WAS REPEATED BY THE COURT REPORTER.)

DR. RECKHOW VOLUME I PAGE 108

 

 

MS. STINSON: OBJECT TO FORM.

 

 

MR. REID: YOU CAN ANSWER.

 

 

MR. RUSSELL: DO YOU UNDERSTAND -- I'M

 

 

JUST GOING TO INSTRUCT THE WITNESS TO ANSWER

 

 

TO THE EXTENT THAT IT DOESN'T -- IT GOES

 

 

BEYOND GENERAL WORK INVOLVED IN THE

 

 

CONSULTATION.

 

 

MR. REID: WELL, I WANT TO KNOW EVERY

 

 

BIT OF WORK THAT HE'S EVER DONE FOR THE SUGAR

 

 

CANE LEAGUE, AND THEN WE CAN TALK ABOUT HOW

 

 

MUCH I CAN FIND OUT ABOUT IT, BUT I WANT TO

 

 

BE SURE HE TELLS ME ABOUT ANY WORK HE'S DONE

 

 

FOR THE SUGAR CANE LEAGUE.

 

 

MR. RUSSELL: IT SEEMED TO ME THAT, YOU

 

 

KNOW, BASED ON YOUR QUESTION, THAT YOU WERE

 

 

TALKING ABOUT THIS SAME CONSULTATION. IF

 

 

IT'S SOMETHING ELSE -- AND HE'S ALREADY

 

 

EXPLAINED THAT. IF IT'S SOMETHING ELSE,

 

 

THEN THAT'S ANOTHER QUESTION.

 

 

MR. REID: WELL, I'M HAVING TROUBLE

 

 

UNDERSTANDING. WE'RE NOT COMMUNICATING

 

 

CLEARLY ON WHEN A CONSULTING JOB STARTS AND

 

 

STOPS.

 

 

Q. (BY MR. REID) DO YOU CONSIDER, FOR INSTANCE, YOUR

DR. RECKHOW VOLUME I PAGE 109

 

 

TALK WITH JOHN DAVIS, PART OF CONSULTING WORK FOR

 

 

THE LEAGUE?

 

 

A. IT DEPENDS. IF IT'S A PHONE CALL -- AND IN TERMS

 

 

OF WHETHER I BILL FOR THAT TIME -- NO, I DON'T.

 

 

Q. ALL RIGHT.

 

 

A. BUT I LOOK AT CONSULTING JOBS MORE FROM THE

 

 

PERSPECTIVE OF HAVING A BEGINNING WITH A TASK, A

 

 

CONTRACT, AND THEN A COMPLETION POINT.

 

 

Q. OKAY. AND YOUR FIRST CONSULTING JOB, OR THE ONE

 

 

WE'VE BEEN TALKING ABOUT, IS YOUR JOB AS TO REVIEW

 

 

BILL WALKER'S WORK AND CRITIQUE IT, AND YOU

 

 

FINISHED THAT.

 

 

A. (NODS AFFIRMATIVELY.)

 

 

Q. IS THAT CORRECT?

 

 

A. YES.

 

 

Q. WHAT ELSE HAVE YOU DONE FOR THE SUGAR CANE LEAGUE,

 

 

AFTER THAT?

 

 

A. I DON'T BELIEVE I DID ANYTHING ELSE THAT WAS ON A

 

 

CONTRACT BASIS WITH THE SUGAR CANE LEAGUE.

 

 

Q. DID YOU DO ANYTHING ELSE THAT WASN'T ON A CONTRACT

 

 

BASIS?

 

 

A. I HAD OCCASIONAL CONVERSATIONS, IT SEEMS TO ME,

 

 

WITH RICK BURGESS AND WITH JOHN DAVIS, BUT IT

 

 

NEVER WAS PART OF ANY PROJECT.

DR. RECKHOW VOLUME I PAGE 110

 

 

Q. AND WHAT WAS THE PURPOSE OF THOSE CONVERSATIONS?

 

 

A. I DON'T RECALL. I DIDN'T INITIATE THEM.

 

 

Q. SO, UP THROUGH TODAY, YOU'VE TOLD ME ALL THE WORK

 

 

YOU'VE DONE FOR THE FLORIDA SUGAR CANE LEAGUE,

 

 

EVER?

 

 

A. EVERYTHING THAT I CAN REMEMBER.

 

 

Q. OKAY. NOW, HAVE YOU DONE ANY WORK, EVER, FOR THE

 

 

HOPPING, BOYD FIRM, OR FOR THE COOPERATIVE?

 

 

A. I DON'T BELIEVE THAT I HAVE FOR THE COOPERATIVE.

 

 

I CAN'T ALWAYS CLEARLY IDENTIFY THE DIFFERENT

 

 

GROUPS. AND I HAVE NOT DONE ANY WORK FOR HOPPING

 

 

BOYD.

 

 

Q. OKAY. WHAT WAS YOUR REASON FOR MEETING WITH

 

 

MS. STINSON?

 

 

A. THAT MEETING A COUPLE OF MONTHS AGO THAT WE

 

 

REFERRED TO?

 

 

Q. THAT ONE AND YESTERDAY AND THIS MORNING?

 

 

A. THEY'VE LISTED ME AS AN EXPERT WITNESS, AND I'M

 

 

HERE.

 

 

Q. OKAY. AND YOU HAVE NO FINANCIAL ARRANGEMENTS WITH

 

 

THEM ABOUT YOUR WORK AS AN EXPERT WITNESS?

 

 

A. THAT'S CORRECT.

 

 

Q. AND DO YOU PLAN TO HAVE ANY?

 

 

A. NO.

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DR. RECKHOW VOLUME I PAGE 111

 

 

Q. SO, THIS IS ALL FREE?

 

 

A. THAT'S CORRECT.

 

 

Q. OKAY. AND DO YOU PLAN TO TESTIFY FOR THEM AT THIS

 

 

HEARING IF THEY ASK YOU TO?

 

 

A. I HAVEN'T DECIDED.

 

 

Q. THEY TOLD YOU THAT THEY'VE LISTED YOU AS AN EXPERT

 

 

WITNESS?

 

 

A. YES.

 

 

Q. OKAY. AND THAT'S OKAY WITH YOU?

 

 

A. YES. RIGHT NOW, IT IS, YEAH.

 

 

Q. OKAY. NOW, DID YOU EVER SEE THE NOTICE OF

 

 

DEPOSITION THAT WAS ISSUED FOR YOU IN THIS CASE?

 

 

A. YES.

 

 

Q. AND DID YOU GO OVER THE DOCUMENT LISTINGS THAT

 

 

WERE ATTACHED TO IT?

 

 

A. THAT'S WHAT WE MET ON. OKAY, I REMEMBER.

 

 

Q. ALL RIGHT.

 

 

A. YES.

 

 

Q. OKAY. WELL, I WANT TO TALK ABOUT THOSE, AND I'VE

 

 

ASKED FOR A CURRENT CV, AND I HAVE ONE THAT WE

 

 

LOOKED AT A MINUTE AGO. IS THAT CURRENT -- IF WE

 

 

STRUCK THE WORD "RESEARCH" FROM ASSOCIATE

 

 

PROFESSOR, THAT WOULD BE---

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

DR. RECKHOW VOLUME I PAGE 112

 

 

A. I HAVE ONE THAT LOOKS VERY SIMILAR TO THIS THAT

 

 

HAS A FEW UPDATED PUBLICATIONS ON IT.

 

 

MR. REID: OKAY. ALL RIGHT. LET'S

 

 

JUST MARK THIS AS -- WE'RE MARKING SEPARATELY

 

 

IN EACH DEPOSITION, AREN'T WE?

 

 

OKAY. LET'S MARK THAT. THAT'S MY ONLY

 

 

COPY. FOR SOME REASON, I DIDN'T GET AN EXTRA

 

 

COPY OF THAT.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO ABOVE WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 1 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

MR. REID: THANK YOU. THAT WILL BE

 

 

EXHIBIT 1.

 

 

Q. (BY MR. REID) ITEM TWO ASKS FOR ALL DOCUMENTS

 

 

WHICH REFLECT OR RELATE TO YOUR PROFESSIONAL

 

 

BUSINESS AND FINANCIAL RELATIONSHIP AND RETENTION

 

 

BY -- AND IT LISTS A GROUP OF ORGANIZATIONS AND

 

 

LAW FIRMS. I DIDN'T SEE ANYTHING IN THE DOCUMENTS

 

 

THAT I RECEIVED THAT HAD THESE TYPE DOCUMENTS. DO

 

 

SUCH DOCUMENTS EXIST? IF YOU WILL LOOK AT NUMBER

 

 

TWO.

 

 

MS. STINSON: WE HAVE WITHHELD AS

 

 

PRIVILEGED DOCUMENTS RELATING TO THE WORK

DR. RECKHOW VOLUME I PAGE 113

 

 

HE DID FOR THE SUGAR CANE LEAGUE THAT HE HAS

 

 

DESCRIBED TO YOU IN THIS DEPOSITION.

 

 

MR. REID: HIS CRITIQUE OF BILL WALKER'S

 

 

WORK -- THAT WORK, YOU MEAN?

 

 

MS. STINSON: THAT WAS PRODUCED

 

 

INADVERTENTLY. THERE ARE OTHER DOCUMENTS

 

 

THAT HAVE NOT BEEN PRODUCED THAT WERE

 

 

WITHHELD AS PRIVILEGED---

 

 

MR. REID: OKAY.

 

 

MS. STINSON: ---ON THAT.

 

 

MR. REID: HAD -- I FORGOT, DO WE HAVE

 

 

THAT LIST -- THE PRIVILEGED LIST? I HAVEN'T

 

 

SEEN IT.

 

 

MS. STINSON: OKAY.

 

 

MR. FITZGERALD: WE DO NOT HAVE THE

 

 

LIST.

 

 

MR. REID: OKAY. WELL, LET'S WORK

 

 

THROUGH THE LIST HERE, AND THEN WE'LL COME

 

 

BACK TO IT. AND JUST FOR THE RECORD, LET ME

 

 

MARK THE DUCES TECUM, NOTICE OF TAKING

 

 

DEPOSITION DUCES TECUM AND THE ATTACHMENT AS

 

 

EXHIBIT TWO.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

DR. RECKHOW VOLUME I PAGE 114

 

 

EXHIBIT NO. 2 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

(THEREUPON, THERE WAS AN

 

 

OFF-THE-RECORD DISCUSSION

 

 

WHICH WAS NOT REPORTED

 

 

BY THE COURT REPORTER.)

 

 

Q. (BY MR. REID) DO YOU HAVE ANY DOCUMENTS THAT ARE

 

 

CALLED FOR IN PARAGRAPH 2?

 

 

A. THAT'S REFERRING TO---

 

 

MR. McCAUGHAN: DO YOU HAVE A COPY

 

 

OF THAT EXHIBIT?

 

 

MR. REID: HE JUST READ IT.

 

 

MR. McCAUGHAN: OKAY.

 

 

MR. REID: I'LL WALK AROUND. I CAN JUST

 

 

LOOK OVER HIS SHOULDER.

 

 

WITNESS: SURE.

 

 

MR. FITZGERALD: WHEN YOU GET THROUGH

 

 

WITH THIS LINE OF QUESTIONING, CAN WE TAKE A

 

 

SHORT BREAK?

 

 

MR. REID: YEAH, LET'S DO THAT---

 

 

WITNESS: CAN WE TAKE A BREAK NOW?

 

 

MR. REID: ---LET'S TAKE A SHORT BREAK.

 

 

(THEREUPON, A SHORT

 

 

BREAK WAS TAKEN.)

DR. RECKHOW VOLUME I PAGE 115

 

 

EXAMINATION BY MR. REID CONTINUES:

 

 

Q. ALL RIGHT. WE'RE LOOKING AT EXHIBIT NUMBER TWO.

 

 

MR. FITZGERALD: DID WE MARK THE

 

 

RESUME AS ONE?

 

 

MR. REID: ONE, YEAH.

 

 

Q. NOW, LOOK AT PARAGRAPH TWO, AND TELL ME IF YOU

 

 

HAVE ANY DOCUMENTS THAT ARE CALLED FOR IN THAT

 

 

PARAGRAPH. I DIDN'T SEE ANY IN WHAT WAS PRODUCED

 

 

TO ME.

 

 

MS. STINSON: EXCUSE ME. WHAT NUMBER?

 

 

WITNESS: RIGHT HERE.

 

 

MR. REID: TWO.

 

 

MS. STINSON: TWO.

 

 

MR. RUSSELL: YEAH. I THINK THAT'S THE

 

 

ONE HE ALREADY ASKED.

 

 

A. YEAH. I'M SURE I DO.

 

 

MR. REID: OKAY. ALL RIGHT. WELL,

 

 

WE NEED TO GET A COPY OF THOSE AS SOON AS

 

 

WE CAN.

 

 

MS. STINSON: THOSE -- WELL, LET ME

 

 

GO -- PERHAPS YOU SHOULD ASK HIM PARTICULAR

 

 

ENTITIES, BUT THOSE WITH RESPECT TO THE

 

 

LEAGUE AND ITS AFFILIATED ENTITIES, WE HAVE

 

 

WITHHELD AS PRIVILEGED.

DR. RECKHOW VOLUME I PAGE 116

 

 

Q. (BY MR. REID) WELL, CAN YOU TELL ME WHAT YOU

 

 

HAVE, ENTITY BY ENTITY?

 

 

A. I CAN TRY. I DON'T THINK I HAVE ANYTHING -- LET'S

 

 

SEE -- "PROFESSIONAL, BUSINESS, OR FINANCIAL

 

 

RELATIONSHIP WITH AND RETENTION BY" -- I DON'T

 

 

HAVE ANYTHING OF THAT NATURE FOR THE COOPERATIVE,

 

 

ROTH FARMS, WEDGWORTH FARMS. I HAVE THINGS

 

 

ASSOCIATED WITH THE SUGAR CANE LEAGUE. I HAVE

 

 

THINGS ASSOCIATED WITH PEEPLES, EARL & BLANK. I

 

 

GUESS THAT'S IT.

 

 

MR. REID: WELL, WHENEVER WE GET

 

 

THIS -- I ASSUME ALL THAT WILL BE ON YOUR

 

 

PRIVILEGED LIST?

 

 

MS. STINSON: CORRECT.

 

 

MR. REID: AND WHEN WE GET THE

 

 

PRIVILEGE LIST, WE'LL SEE THEM AND WE'LL DEAL

 

 

WITH THEM.

 

 

MS. STINSON: OKAY.

 

 

MR. REID: LET ME JUST MAKE SURE I

 

 

UNDERSTAND. YOU'RE SAYING THAT THE

 

 

CONSULTING WORK THAT HE DID FOR THE LEAGUE,

 

 

WHICH WAS A CRITIQUE OF BILL WALKER'S WORK,

 

 

IS PROTECTED BECAUSE YOU'VE WITHDRAWN HIM AS

 

 

AN EXPERT NOW?

DR. RECKHOW VOLUME I PAGE 117

 

 

MR. RUSSELL: NO, NO. HE IS PROTECTED

 

 

BECAUSE AND HE WAS A NON-TESTIFYING EXPERT IN

 

 

A PREVIOUS PROCEEDING IN A FEDERAL LAWSUIT.

 

 

HE WAS A NON-TESTIFYING EXPERT, CONSULTED

 

 

WITH THE LEAGUE ON THAT, AND THOSE DOCUMENTS

 

 

WERE PROTECTED AND CONTINUE TO BE PROTECTED.

 

 

AND ALSO, IN ADDITION, AS HE STATED BEFORE,

 

 

THEY HAVE NOTHING TO DO WITH HIS WORK AND HIS

 

 

TESTIMONY AS AN EXPERT WITNESS IN THIS

 

 

PROCEEDING.

 

 

MR. REID: BUT, JUST SO WE'RE CLEAR,

 

 

WE'RE TALKING ABOUT HIS CRITIQUE OF

 

 

BILL WALKER'S REPORT?

 

 

MR. RUSSELL: CORRECT.

 

 

MR. REID: AND BY THAT, WE MEAN WATER

 

 

QUALITY TRENDS AT INFLOWS TO EVERGLADES

 

 

NATIONAL PARK? THAT'S THE NAME OF THE

 

 

PAPER---

 

 

MR. RUSSELL: IS THAT THE NAME OF IT?

 

 

Q. (BY MR. REID) IS THAT THE NAME OF THE PAPER THAT

 

 

YOU CRITIQUED?

 

 

A. CAN I SEE THAT?

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. YEAH.

††††††††††䄮†⁙䕁䠮ഌ

DR. RECKHOW VOLUME I PAGE 118

 

 

MR. RUSSELL: AND THAT'S THE REPORT,

 

 

OBVIOUSLY, A REDACTED VERSION'S FINE, BUT THE

 

 

REPORT WITH NOTES ARE WHAT WE'VE ASKED FOR

 

 

BACK TODAY.

 

 

Q. (BY MR. REID) WELL, DID YOU ALSO LOOK AT

 

 

THE -- THERE'S A SECOND BILL WALKER REPORT,

 

 

"REFINEMENTS TO PHOSPHORUS UPTAKE RELATIONSHIP"

 

 

AND SO FORTH. DID YOU CRITIQUE THAT ONE AS WELL?

 

 

A. YEAH, I DID.

 

 

MR. REID: ALL RIGHT. JUST FOR THE

 

 

RECORD, LET'S MARK THE FIRST BILL WALKER

 

 

SEPTEMBER, 1990, "WATER QUALITY TRENDS AT

 

 

INFLOWS TO EVERGLADES NATIONAL PARK" AS

 

 

EXHIBIT THREE, AND THIS IS THE VERSION WITH

 

 

THE HANDWRITTEN NOTES.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO ABOVE WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 3 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

MR. RUSSELL: AM I ASSUMING THEN---

 

 

MR. REID: WELL, THE PROBLEM YOU'VE GOT

 

 

IS THAT THERE ARE COPIES ARE EVERYWHERE. YOU

 

 

KNOW, AT THIS POINT, I CAN'T GIVE YOU BACK

 

 

ALL THE COPIES, BECAUSE UNTIL THIS MINUTE,

DR. RECKHOW VOLUME I PAGE 119

 

 

WE HAD NO IDEA THAT YOU CONSIDERED THAT

 

 

PRIVILEGED. I'M NOT SURE IT CAN BE, AND

 

 

WE'LL GET TO THAT IN A MINUTE.

 

 

MR. RUSSELL: WE JUST FOUND THAT

 

 

INFORMATION OUT IN PREPARING FOR HIS

 

 

TESTIMONY, AS WE SAID, WITHIN THE LAST TWO

 

 

DAYS.

 

 

MR. REID: SO, I DON'T KNOW WHAT YOU

 

 

WANT ME TO DO. I MEAN, I CAN GIVE YOU THIS

 

 

ONE BACK, BUT IT DOESN'T REALLY HELP, BECAUSE

 

 

I KNOW THERE ARE COPIES ALL AROUND. I MEAN,

 

 

THESE WERE PRODUCED AND ALL OF THE PARTIES

 

 

COPIED THEM, AND THEY'VE GONE ALL OVER.

 

 

MR. RUSSELL: HOW MANY COPIES WERE

 

 

PRODUCED, COUNSEL, DO YOU REMEMBER?

 

 

MR. REID: WELL, NO. YOU PRODUCED THEM,

 

 

AND THEN ALL THE DEFENDANTS -- I MEAN, ALL

 

 

THE RESPONDENTS IN THE CASE MAY HAVE GOTTEN

 

 

COPIES. I'VE MADE SEVERAL COPIES. I'VE GOT

 

 

A WORKING COPY, YOU KNOW.

 

 

MR. FITZGERALD: I HAVE COPIES OFF TO

 

 

WASHINGTON ALREADY.

 

 

MR. REID: YEAH, I MEAN, AND OUR EXPERTS

 

 

ARE LOOKING AT THEM, AND SO FORTH.

DR. RECKHOW VOLUME I PAGE 120

 

 

MR. FITZGERALD: ON THE PLUS SIDE, WE

 

 

CAN'T READ SOME OF THE NOTATIONS.

 

 

MR. REID: I WILL TELL YOU I'LL DO THIS;

 

 

DURING THIS ROUND OF THE DEPOSITION, I WILL

 

 

NOT EXAMINE THE WITNESS ON THE HANDWRITTEN

 

 

NOTES. I'LL DO THAT THE NEXT ROUND.

 

 

MR. FITZGERALD: WE HAD BETTER THINK

 

 

ABOUT THAT OVERNIGHT, BECAUSE I HAVE A FEW

 

 

POINTS I'D LIKE TO DISCUSS WITH THE WITNESS

 

 

REGARDING HIS---

 

 

MS. STINSON: OKAY. NO, THIS---

 

 

MR. FITZGERALD: ---WE'RE GOING TO HAVE

 

 

TO THINK ABOUT THAT. WE'LL FIGURE THAT

 

 

TOMORROW.

 

 

MR. RUSSELL: I GUESS MY QUESTION

 

 

IS -- WELL, NOT THAT I AM SO CONCERNED

 

 

WHETHER OR NOT IT WILL BE CONTINUED OR NOT.

 

 

DID YOU PLAN ON CONTINUING THE DEPOSITION, IN

 

 

ANY EVENT THEN?

 

 

MS. STINSON: WE'VE EXPECTED THAT THERE

 

 

WILL BE A CONTINUATION.

 

 

MR. RUSSELL: OKAY, OKAY. WELL---

 

 

MR. FITZGERALD: BASED ON THIS LETTER, I

 

 

THINK---

DR. RECKHOW VOLUME I PAGE 121

 

 

MR. RUSSELL: OKAY, THAT'S FINE.

 

 

MR. REID: WELL, NO, NO. LET'S JUST GET

 

 

IT ON THE RECORD, JUST SO IT'S CLEAR. WE'RE

 

 

CONTINUING IT BECAUSE IT WAS ORIGINALLY

 

 

SCHEDULED TO START AT 9:00 TODAY AND IT WAS

 

 

BLOCKED OFF FOR TWO DAYS. WE MOVED IT -- TWO

 

 

DAYS AGO WE FOUND OUT THAT DR. RECKHOW HAD A

 

 

CLASS THIS MORNING, SO WE STARTED AT 12:30,

 

 

APPROXIMATELY. WE ALSO DISCOVERED TODAY,

 

 

WHEN WE GOT HERE, THAT HE HAS TO LEAVE AT

 

 

4:00 TODAY. WE ALSO LEARNED THAT COUNSEL HAS

 

 

TO LEAVE TOMORROW AT NOON. SO, THAT'S WHY

 

 

IT'S GOING TO BE CONTINUED, NOT -- YOU KNOW,

 

 

THERE'S NO QUESTION AS -- OKAY.

 

 

MR. RUSSELL: THE POINT IS, IF IT'S

 

 

NECESSARY, THAT'S ALL.

 

 

MR. REID: OKAY. ALL RIGHT. AND NOW

 

 

LET'S MARK, AS EXHIBIT FOUR, DR. WALKER'S

 

 

REPORT DATED AUGUST 28, 1992, WHICH THE

 

 

WITNESS PREVIOUSLY IDENTIFIED AS HAVING

 

 

CRITIQUED.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO ABOVE WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 4 - KENNETH H. RECKHOW

DR. RECKHOW VOLUME I PAGE 122

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

(THEREUPON, WITNESS CONFERS WITH MS. STINSON.)

 

 

Q. (BY MR. REID) ALL RIGHT. LOOK AT PARAGRAPH 3 IN

 

 

THE EXHIBIT 2.

 

 

A. OKAY.

 

 

WITNESS: THAT'S THIS RIGHT HERE?

 

 

MS. STINSON: YEAH.

 

 

Q. DO YOU HAVE ANY DOCUMENTS THAT ARE DESCRIBED IN

 

 

PARAGRAPH 3?

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. I CAN'T THINK OF ANYTHING OTHER THAN WHAT HAS

 

 

ALREADY BEEN PRODUCED.

 

 

Q. OKAY. AND WE'LL BE MARKING THESE AND GOING

 

 

THROUGH THEM LATER. ALL RIGHT, LOOK AT NUMBER 4

 

 

PLEASE. SAME QUESTION.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. SAME ANSWER. I DON'T SEE ANYTHING.

 

 

Q. SO, THERE ARE NO OTHER DOCUMENTS EXCEPT FOR WHAT

 

 

YOU'VE PRODUCED, AND YOU'VE BEEN THROUGH THIS

 

 

STACK OF DOCUMENTS THAT HAVE BEEN PRODUCED; IS

 

 

THAT CORRECT?

 

 

A. YES.

 

 

Q. OKAY. YOU'RE NOT RELYING ON ANYTHING ELSE IN

 

 

SUPPORT OF ANY OPINIONS OR CONCLUSIONS OR

DR. RECKHOW VOLUME I PAGE 123

 

 

TESTIMONY THAT YOU EXPECT TO GIVE?

 

 

A. I CAN'T THINK OF ANYTHING THAT'S GOING TO BE A

 

 

BASIS FOR TESTIMONY, AT THIS POINT, OTHER THAN

 

 

THINGS THAT WE'VE PRODUCED.

 

 

Q. OKAY. LOOK AT NUMBER 5 PLEASE, AND ANSWER THE

 

 

SAME QUESTION.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. THE SAME ANSWER.

 

 

Q. HOW ABOUT NUMBER 6?

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. I DON'T SEE ANYTHING -- I DON'T ANTICIPATE

 

 

ANYTHING THERE.

 

 

Q. OKAY. I'M GOING TO ASK YOU THIS ABOUT ALL THE

 

 

REMAINING ONES. IF YOU'D LIKE TO TAKE A SECOND,

 

 

JUST SKIM THROUGH THE REST.

 

 

A. OKAY.

 

 

Q. THAT'D BE 7 THROUGH 14, IF YOU'LL LOOK THOUGH

 

 

THAT.

 

 

A. OKAY.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. WITH REGARD TO 9, IT SEEMS TO ME THAT THAT HANDOUT

 

 

THAT I USED IN DECISION ANALYSIS MIGHT FIT IN.

 

 

Q. AND YOU DON'T HAVE A COPY OF THAT HANDY?

 

 

A. NO.

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DR. RECKHOW VOLUME I PAGE 124

 

 

Q. CAN YOU TRY TO FIND ONE BEFORE---

 

 

MR. REID: WILL YOU LET HIM GIVE

 

 

THAT TO ME, OR WILL YOU GIVE IT TO ME?

 

 

MS. STINSON: I BELIEVE SO.

 

 

MR. REID: OKAY, SURE.

 

 

MR. FITZGERALD: SIR, AND JUST

 

 

FOR CLARIFICATION, WAS THE WITNESS

 

 

REFERRING TO HIS CLASS HANDOUT ON

 

 

DECISION MAKING?

 

 

WITNESS: YES.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. NO, I DON'T SEE ANYTHING ELSE THAT FITS.

 

 

Q. (BY MR. REID) MEANING YOU DON'T HAVE ANY OTHER

 

 

DOCUMENTS THAT ARE CALLED FOR BY ANY OF THOSE

 

 

PARAGRAPHS OTHER THAN WHAT'S ALREADY BEEN

 

 

PRODUCED?

 

 

A. NOT THAT I CAN RECALL.

 

 

Q. OKAY. NOW, YOU WERE ORIGINALLY DESIGNATED AS AN

 

 

EXPERT IN THIS CASE BY THE SUGAR CANE LEAGUE.

 

 

WERE YOU AWARE OF THAT?

 

 

A. I GUESS I PROBABLY WAS, YEAH.

 

 

Q. DID ANYBODY DISCUSS WITH YOU THE SUMMARY OF YOUR

 

 

OPINIONS THAT WAS FILED IN THIS RECORD ON BEHALF

 

 

OF THE SUGAR CANE LEAGUE?

DR. RECKHOW VOLUME I PAGE 125

 

 

A. I DON'T REMEMBER THAT. IT WAS REPRESENTED THAT

 

 

YOU WOULD TESTIFY TO THE FOLLOWING SUBJECT MATTER:

 

 

EPA PHOSPHORUS UPTAKE, STA'S, STATISTICS,

 

 

PHOSPHORUS CONCENTRATION LIMITS, WATER QUALITY

 

 

TRENDS AND WATER QUANTITY. DO YOU RECALL EVER

 

 

BEING TOLD THAT OR THAT THAT WAS BEING FILED?

 

 

A. NO.

 

 

Q. OKAY. DO YOU HAVE ANY OPINIONS, AS YOU SIT HERE

 

 

TODAY, ON ANY OF THOSE AREAS?

 

 

A. CAN YOU READ THEM AGAIN?

 

 

Q. I WILL. EPA PHOSPHORUS UPTAKE---

 

 

A. THAT'S THE EVERGLADES PROTECTION AREA, EPA?

 

 

Q. RIGHT.

 

 

A. OKAY. NO.

 

 

Q. STA'S?

 

 

A. NO.

 

 

Q. STATISTICS?

 

 

A. THAT'S PRETTY BROAD. DO YOU KNOW WHAT THAT'S

 

 

REFERRING TO?

 

 

Q. WELL, LET'S SKIP THAT WORD FOR RIGHT NOW.

 

 

A. OKAY.

 

 

Q. WE'LL COME BACK TO THAT.

 

 

A. OKAY.

 

 

Q. PHOSPHORUS CONCENTRATION LIMITS?

DR. RECKHOW VOLUME I PAGE 126

 

 

A. NO.

 

 

Q. WATER QUALITY TRENDS?

 

 

A. WATER QUALITY TRENDS WHERE?

 

 

Q. I ASSUME IN THE EVERGLADES, THE BROADER

 

 

EVERGLADES.

 

 

A. NOTHING THAT I CAN SPEAK ABOUT RIGHT NOW. I THINK

 

 

THE COMMENTS ON THAT MANUSCRIPT OF BILL WALKER'S

 

 

ARE THE BEST REFLECTION OF WHAT I THOUGHT AT THAT

 

 

TIME I WROTE THOSE.

 

 

Q. OKAY. AND THE FINAL ONE IS WATER QUANTITY.

 

 

A. NO.

 

 

Q. NOW, ARE YOU IN THE PROCESS, OR DO YOU HAVE ANY

 

 

PLANS TO DEVELOP ANY OPINIONS RELATING TO ANY OF

 

 

THOSE SUBJECT MATTERS?

 

 

A. I EXPECT THAT THROUGH THE WORK WITH THE WATER

 

 

MANAGEMENT DISTRICT, THE MONITORING SUBCOMMITTEE

 

 

WITH BILL WALKER, THAT SOMETHING MIGHT COME OUT OF

 

 

THAT ACTIVITY. I ALSO EXPECT THAT FROM

 

 

SONG QIAN'S DISSERTATION WE MIGHT HAVE SOME

 

 

CONCLUSIONS WHEN THAT'S COMPLETED.

 

 

Q. OKAY. WHICH PARTICULAR AREAS DO YOU ANTICIPATE

 

 

GETTING OR DEVELOPING OPINIONS AS A RESULT OF YOUR

 

 

WORK WITH THE TOC?

 

 

A. I THINK -- I DON'T KNOW AS I WILL HAVE OPINIONS.

DR. RECKHOW VOLUME I PAGE 127

 

 

I HOPE THAT I WILL HAVE A SENSE OF THE SCIENCE IN

 

 

SUPPORT OF VARIOUS OPTIONS THAT ARE CONSIDERED

 

 

WITH REGARDS TO PHOSPHORUS LIMITS.

 

 

Q. WHEN DO YOU ANTICIPATE THAT YOU'LL HAVE THESE?

 

 

A. I DON'T KNOW. UNFORTUNATELY, MY WORK WITH THE

 

 

MONITORING SUBCOMMITTEE WAS INTENSE LAST MAY,

 

 

JUNE, JULY, AND HAS PRETTY MUCH FADED SINCE THEN.

 

 

I DON'T KNOW WHERE THEY ARE YET.

 

 

Q. OKAY. SO, ASSUMING THAT THAT STARTS AGAIN, AND

 

 

ASSUMING YOU'RE INVOLVED, YOU WOULD EXPECT AT SOME

 

 

POINT IN THE FUTURE TO HAVE SOME---

 

 

A. SENSE OF THE SCIENCE IN SUPPORT OF VARIOUS

 

 

OPTIONS.

 

 

Q. AS OPPOSED TO OPINIONS ABOUT?

 

 

A. OPINIONS TO ME MEAN THAT I HAVE A PREFERENCE OR A

 

 

STRATEGY.

 

 

Q. RIGHT. AND YOU DON'T EXPECT THAT?

 

 

A. I DON'T THINK THAT'S MY ROLE.

 

 

Q. OKAY. NOW, WHAT ABOUT SONG'S WORK?

 

 

A. SAME THING WITH SONG'S WORK. I EXPECT THAT FROM

 

 

SONG'S WORK, WHICH WILL BE A DISSERTATION, IN

 

 

MEETING THE REQUIREMENTS OF A DOCTORAL

 

 

DISSERTATION, THAT FROM THAT WE WILL DRAW

 

 

CONCLUSIONS ON THE NATURE OF THE SCIENCE IN

DR. RECKHOW VOLUME I PAGE 128

 

 

SUPPORT OF STA DESIGN.

 

 

Q. HE'S GOING TO BE LOOKING AT WCA-2A?

 

 

A. HE'S GOING TO BE LOOKING AT THOSE DATA, YEAH.

 

 

Q. AND YOU EXPECT THAT FROM THAT DATA, HE WILL BE

 

 

ABLE TO REACH CONCLUSIONS ABOUT THE STA DESIGN?

 

 

A. I MENTIONED ALSO THAT HE'LL BE LOOKING AT THE

 

 

NORTH AMERICAN---

 

 

Q. RIGHT.

 

 

A. ---DATABASE.

 

 

Q. OKAY. AND THEN THOSE TWO -- LOOKING AT THAT DATA,

 

 

YOU BELIEVE HE WILL BE ABLE TO DRAW CONCLUSIONS

 

 

THAT WILL BE HELPFUL IN DESIGNING THE STA'S?

 

 

A. I HOPE THAT HE WILL BE ABLE TO SAY "WHAT IS THE

 

 

RELATIONSHIP BETWEEN PHOSPHORUS INPUT AND

 

 

PHOSPHORUS CONCENTRATION LEAVING A WETLAND AND

 

 

OTHER FEATURES OF THE WETLAND SUCH AS DESIGN OR

 

 

DEPTH AND HYDRAULICS" THAT WILL BE USEFUL IN

 

 

DESIGNING WETLANDS FOR NUTRIENT TRAPS.

 

 

Q. OKAY. AND YOU KNOW WHERE THE STA'S ARE PROPOSED

 

 

TO BE BUILT?

 

 

A. I COULDN'T POINT IT OUT, NO. I KNEW AT ONE TIME.

 

 

Q. OKAY. IT'S IN THE FARMING AREA?

 

 

A. YEAH.

 

 

Q. YOU KNEW THAT, DIDN'T YOU?

DR. RECKHOW VOLUME I PAGE 129

 

 

A. IF YOU HAD ASKED ME, I WOULDN'T HAVE SAID THAT

 

 

THAT WAS NECESSARILY THE CASE, BUT IT SEEMS

 

 

REASONABLE WITH WHAT I UNDERSTOOD THE QUOTE.

 

 

Q. OKAY. AND SO YOU BELIEVE YOU CAN USE THE WCA-2A

 

 

DATA TO ASSIST IN DESIGNING STA'S THAT WILL BE

 

 

BUILT IN THE EPA -- I'M SORRY. IN THE

 

 

AGRICULTURAL AREA?

 

 

A. LET ME REPEAT. I HOPE THAT WITH THE WCA-2A DATA

 

 

AND THE NORTH AMERICAN DATA, WE WILL UNDERSTAND

 

 

THE RELATIONSHIP BETWEEN THE INFLOW CONCENTRATION

 

 

OF PHOSPHORUS OR THE LOANING OF PHOSPHORUS AND THE

 

 

OUTFLOW CONCENTRATION AND OTHER FACTORS THAT ARE

 

 

IMPORTANT, SUCH AS DEPTH AND HYDRAULICS.

 

 

Q. FOR PURPOSES OF DESIGNING STA'S?

 

 

A. FOR PROVIDING GUIDANCE IN UNDERSTANDING THE

 

 

EFFECTIVENESS OF WETLANDS AS PHOSPHORUS OR AS

 

 

NUTRIENT TRAPS.

 

 

Q. WELL, WHERE DO STA'S COME IN, THE ONES THAT ARE

 

 

PROPOSED IN THE SWIM PLAN?

 

 

A. I DON'T KNOW THE DETAILS OF THE STA'S. I THINK OF

 

 

STA'S AS WETLANDS DESIGNED TO OR INTENDED TO TRAP

 

 

NUTRIENTS.

 

 

Q. SO WHAT I'M TRYING TO DISCOVER IS -- STRIKE THAT.

 

 

YOU'RE AWARE THAT THIS PROCEEDING THAT WE'RE IN IS

DR. RECKHOW VOLUME I PAGE 130

 

 

A CHALLENGE TO THE SWIM PLAN THAT PROPOSES TO

 

 

BUILD STA'S AT SPECIFIC SITES IN THE AGRICULTURAL

 

 

AREA?

 

 

A. I'M NOT FAMILIAR WITH THE DETAILS OF THE

 

 

CHALLENGE.

 

 

Q. WELL, ARE YOU AWARE THAT THE CHALLENGE INVOLVES

 

 

WHAT I JUST SAID, THAT THE SWIM PLAN INVOLVES WHAT

 

 

I JUST SAID?

 

 

A. I'M AWARE THAT THAT'S AN ASPECT OF IT, YEAH.

 

 

Q. OKAY. AND SO I WANT TO MAKE SURE I UNDERSTAND.

 

 

YOU'RE NOT -- YOU DON'T EXPECT TO BE ABLE TO OFFER

 

 

OPINIONS WITH REGARDS TO WHETHER OR NOT THE STA'S

 

 

WILL WORK, FOR INSTANCE?

 

 

A. I DON'T THINK IT'S MY JOB TO OFFER OPINIONS AS TO

 

 

WHETHER SOMETHING LIKE THAT WILL WORK.

 

 

Q. OKAY. AND ASSUMING THAT -- IS IT LIKELY THAT

 

 

SONG'S DISSERTATION WILL BE APPROVED, I THINK YOU

 

 

SAID THE END OF THE SUMMER?

 

 

A. HIS PROPOSAL.

 

 

Q. HIS PROPOSAL?

 

 

A. YES.

 

 

Q. AND---

 

 

A. I HOPE SO, HE'S A GOOD STUDENT.

 

 

Q. AND ASSUMING THAT IT'S THE BEST CASE, BEST CRACK,

DR. RECKHOW VOLUME I PAGE 131

 

 

ASSUMING IT'S APPROVED, WHEN WOULD IT BE

 

 

COMPLETED?

 

 

A. END OF CALENDAR YEAR '94.

 

 

Q. OKAY. NOW, IT WAS ALSO REPRESENTED BY THE SUGAR

 

 

CANE LEAGUE THAT YOU WOULD HAVE OPINIONS IN THESE

 

 

AREAS FINALIZED BY FEBRUARY 28, 1993. I ASSUME

 

 

THAT'S INACCURATE.

 

 

A. YES.

 

 

Q. OKAY. NOW, YOU'VE ALSO -- STRIKE THAT. IS IT

 

 

FAIR TO SAY THAT YOU DON'T PLAN TO DO ANYTHING

 

 

INDEPENDENTLY, YOURSELF, IN REACHING ANY OF THESE

 

 

CONCLUSIONS, BUT RATHER YOU'RE GOING TO RELY ON

 

 

THE WORK THAT SONG DOES?

 

 

A. I'M GOING TO WORK WITH SONG AS HIS ADVISOR.

 

 

Q. OKAY. YOU'RE NOT GOING TO BE DOING ANY

 

 

INDEPENDENT WORK YOURSELF?

 

 

A. I DON'T KNOW. I'M ON SABBATICAL NEXT YEAR, AND

 

 

WILL BE DOING STATISTICAL ANALYSIS LIKE WHAT HE

 

 

DOES, AND IT MAY BE THAT TO UNDERSTAND WHAT HE

 

 

DOES, I WILL BE WORKING ALONG SIDE HIM. I HAVEN'T

 

 

DECIDED THAT YET.

 

 

Q. YOU HAVE NO PLANS AT THIS POINT TO DO THAT?

 

 

A. I HAVE NO PLANS EITHER WAY.

 

 

Q. OKAY. WHEN A STUDENT DOES A DISSERTATION THOUGH,

DR. RECKHOW VOLUME I PAGE 132

 

 

IS IT UNDERSTOOD THAT IT'S PRINCIPALLY THEIR WORK?

 

 

A. IT VARIES.

 

 

Q. IN THIS CASE.

 

 

A. IN THIS CASE, THE WORK WILL BE HIS. HE WILL BE

 

 

ABLE TO DESCRIBE IT THOROUGHLY AND DEFEND IT.

 

 

MY PHILOSOPHY IS THAT I HAD BETTER BE ABLE TO DO

 

 

THE SAME -- DESCRIBE IT, DEFINE IT, UNDERSTAND IT.

 

 

Q. OKAY. SO, YOU WILL NEED TO UNDERSTAND WHAT HE

 

 

DOES?

 

 

A. YES.

 

 

Q. WHICH IS DIFFERENT FROM DOING IT YOURSELF?

 

 

A. I WON'T DO IT MYSELF.

 

 

Q. OKAY.

 

 

A. THAT'S CLEAR.

 

 

Q. NOW, YOU'RE ALSO LISTED AS AN EXPERT BY THE

 

 

COOPERATIVE. YOU'RE AWARE OF THAT?

 

 

A. THAT'S THE GROUP -- YEAH.

 

 

Q. MS. STINSON'S CLIENTS.

 

 

A. YES, YES.

 

 

Q. OKAY. ALL RIGHT. AND I WANT TO GO OVER WHAT

 

 

THEY'VE REPRESENTED THAT YOU'RE GOING TO TESTIFY

 

 

REGARDING AND SO FORTH. MATHEMATICAL ANALYSIS OF

 

 

PHOSPHORUS UPTAKE IN THE EPA AND WETLAND TREATMENT

 

 

AREAS.

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DR. RECKHOW VOLUME I PAGE 133

 

 

A. I CAN TALK ABOUT STATISTICAL METHODS THAT COULD BE

 

 

USED.

 

 

Q. LET ME ASK THE QUESTION AGAIN. IT'S REPRESENTED

 

 

THAT THE SUBJECT MATTER OF YOUR TESTIMONY -- IT'S

 

 

NOT JUST STATISTICAL METHODS, IT'S THE SPECIFIC

 

 

APPLICATION OF THOSE METHODS -- MATHEMATICAL

 

 

ANALYSIS OF PHOSPHORUS UPTAKE IN THE EPA AND THE

 

 

WETLAND TREATMENT AREAS.

 

 

A. I CANNOT TALK ABOUT SPECIFIC ANALYSIS DONE ON

 

 

THAT.

 

 

Q. ALL RIGHT. DO YOU HAVE ANY PLANS TO UNDERTAKE ANY

 

 

WORK TO DEVELOP OPINIONS IN THAT AREA?

 

 

A. NOT OPINIONS. I PLAN TO, THROUGH SONG, BE PART OF

 

 

THE ANALYSIS.

 

 

Q. OKAY. BUT NOW, HE'S NOT ANALYZING THE WETLAND

 

 

TREATMENT AREAS?

 

 

A. NO. YOU MAY HAVE TO DEFINE THE AREAS AND HELP ME

 

 

OUT, BUT AS I MENTIONED BEFORE, HE'S GOING TO BE

 

 

LOOKING AT WCA-2A DATA AND THE NORTH AMERICAN DATA

 

 

SET.

 

 

Q. I'LL TELL YOU WHAT I'M UNDERSTANDING WETLAND---

 

 

A. OKAY.

 

 

Q. ---TREATMENT AREAS TO BE SYNONYMOUS WITH STA'S.

 

 

A. THE ACTUAL PHYSICAL ENTITY OF AN STA?

DR. RECKHOW VOLUME I PAGE 134

 

 

Q. YES.

 

 

MR. REID: AM I INCORRECT, OR DO

 

 

YOU KNOW?

 

 

MS. STINSON: I DON'T KNOW.

 

 

MR. REID: OKAY.

 

 

Q. (BY MR. REID) I DON'T KNOW OF ANYWHERE ELSE THAT

 

 

THIS CASE INVOLVES ANY TREATMENT---

 

 

A. YEAH.

 

 

Q. ---EXCEPT IN WHAT WE'RE CALLING STA'S.

 

 

A. WE WILL TRY---

 

 

MR. FITZGERALD: I MAY BE ABLE TO

 

 

CONTRIBUTE SOMETHING THAT WILL CLARIFY THAT

 

 

IF COUNSEL WILL---

 

 

MR. REID: SURE.

 

 

MR. FITZGERALD: ---A PRIOR ITERATION OF

 

 

THE SWIM PLAN USED THE TERM WATER MANAGEMENT

 

 

AREA.

 

 

MR. REID: BUT THIS IS DIFFERENT.

 

 

MR. McCAUGHAN: EXCUSE ME. THERE HAS

 

 

BEEN TESTIMONY, I BELIEVE, IN OTHER

 

 

DEPOSITIONS FROM VARIOUS SCIENTISTS, WHO, AS

 

 

DR. RECKHOW HAS INDICATED, CONSIDER A WHOLE

 

 

NATURAL AREA AS AN STA RATHER THAN -- AND I

 

 

THINK A LOT OF IT'S -- A LOT OF THE

DR. RECKHOW VOLUME I PAGE 135

 

 

DEPOSITIONS HAVE ALSO INDICATED THAT, FROM

 

 

THE STANDPOINT OF THE SWIM PLAN, COMMON

 

 

THINKING IS, FROM THE NON-SCIENCE PEOPLE,

 

 

THAT AN STA IS AUTOMATICALLY SOMETHING THAT

 

 

IS MANMADE, WHEREAS, I THINK THERE IS A LOT

 

 

OF DISCUSSION THE OTHER WAY, SO THE TERMS ARE

 

 

ALMOST INTERCHANGEABLE.

 

 

WITNESS: UH-HUH (YES).

 

 

Q. (BY MR. REID) WELL, JUST SO WE'RE CLEAR, YOU TOLD

 

 

ME A MINUTE AGO THAT YOU WEREN'T GOING TO BE -- I

 

 

THOUGHT YOU SAID YOU WEREN'T GOING TO BE GETTING

 

 

INTO THE STA DESIGN AREA---

 

 

A. I'M---

 

 

Q. ---WITH SONG'S WORK.

 

 

A. I'M INTERESTED IN, AS AN ADVISOR, IN SEEING A

 

 

SUCCESSFUL DISSERTATION, AND I DON'T THINK THAT

 

 

THAT INVOLVES SPECIFIC DESIGN ACTIVITY.

 

 

Q. OKAY. WELL, LET'S GO BACK TO THE QUESTION. DO

 

 

YOU PLAN IN ANY WAY TO DEVELOP TESTIMONY REGARDING

 

 

MATHEMATICAL ANALYSIS OF PHOSPHORUS UPTAKE IN THE

 

 

EPA AND WETLAND TREATMENT AREAS?

 

 

A. DO I PLAN TO DEVELOP THAT TESTIMONY---

 

 

Q. YES.

 

 

A. ---AT SOME TIME?

DR. RECKHOW VOLUME I PAGE 136

 

 

Q. YES. FOR THIS PROCEEDING.

 

 

A. FOR THIS PROCEEDING REFERS TO WHAT TIME?

 

 

Q. THE SWIM CHALLENGE.

 

 

A. AND WHAT TIME PERIOD?

 

 

Q. WELL, THAT'S SCHEDULED FOR TRIAL IN OCTOBER OF

 

 

THIS YEAR.

 

 

A. I CAN'T SAY WHERE WE WILL BE. IF WE HAVE

 

 

SOMETHING THROUGH OUR WORK THAT MIGHT BE

 

 

DISCUSSED, WE CAN.

 

 

Q. WHO IS WE?

 

 

A. SONG AND ME.

 

 

Q. READ THIS SENTENCE. I WANT TO MAKE SURE THAT

 

 

WE'RE FOCUSING ON THE WORDS HERE.

 

 

A. OKAY.

 

 

Q. I WANT TO KNOW IF YOU'RE GOING TO HAVE OPINIONS

 

 

ABOUT THIS TOPIC RIGHT HERE, "SUBJECT MATTER OF

 

 

EXPECTED TESTIMONY." I WANT TO FOCUS ON THE

 

 

SUBSTANCE.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. I DON'T ANTICIPATE HAVING OPINIONS. I ANTICIPATE

 

 

HAVING RESULTS OR SOME ANALYSIS OF THE DATA THAT

 

 

WE CAN OBTAIN, WHICH RIGHT NOW IS THE WCA-2A AND

 

 

THE NORTH AMERICAN DATA SET.

 

 

Q. DO YOU INTEND TO TAKE THOSE SAME WORKS---

DR. RECKHOW VOLUME I PAGE 137

 

 

A. UH-HUH (YES).

 

 

Q. ---AND THUS APPLY IT TO THE STA'S PROPOSED IN THE

 

 

SWIM PLAN, YOU WOULD GET THE SAME ANSWER?

 

 

A. I DON'T EXPECT, BY THE END OF THE SUMMER, THAT WE

 

 

WILL HAVE REACHED A POINT WHERE THE ANALYSIS THAT

 

 

WE WILL DO WILL HAVE SUCH SUPPORT IN OUR MIND BY

 

 

THE DATA AND THE SCIENCE THAT IT SHOULD BE USED

 

 

FOR DESIGN PURPOSES.

 

 

Q. SO, I THINK THE ANSWER IS, YOU WILL NOT HAVE

 

 

OPINIONS BY OCTOBER OF THIS YEAR REGARDING THE

 

 

STA'S THAT ARE PROPOSED IN THE SWIM PLAN?

 

 

A. THE ANSWER, AGAIN -- I GUESS I'M FOCUSING ON THE

 

 

WORD "OPINIONS" BECAUSE I DON'T THINK I GIVE

 

 

OPINIONS---

 

 

Q. WELL---

 

 

A. ---I SUPPORT -- I SAY SOMETHING ABOUT WHAT THE

 

 

SCIENCE HAS TO SAY, AND "OPINIONS" DOESN'T, TO ME,

 

 

REFLECT WHAT WE'RE DOING AT THIS STAGE. I CAN SEE

 

 

THAT AT VARIOUS STAGES OF THE WORK, WE MIGHT SAY

 

 

THAT THE SCIENCE SUPPORTS THIS AS A MODEL OF HOW

 

 

WETLANDS ARE TRAPPING NUTRIENTS. WHETHER THAT

 

 

OCCURS BY THE END OF THE SUMMER, I JUST DON'T

 

 

KNOW.

 

 

Q. WHAT IS THE "THIS" THAT YOU MAKE REFERENCE TO,

DR. RECKHOW VOLUME I PAGE 138

 

 

STA'S OR WCA-2A?

 

 

A. I'M NOT THINKING OF SPECIFIC STRUCTURES. I'M

 

 

THINKING OF MORE GENERALLY UNDERSTANDING, OR MORE

 

 

GENERAL MODELS OR STATISTICAL MODELS DESCRIBING

 

 

WETLANDS AS TRAPPERS OF PHOSPHORUS OR NITROGEN,

 

 

AND NOT SPECIFIC TO STA.

 

 

Q. OKAY. IT'S ALSO BEEN REPRESENTED THAT YOU HAVE

 

 

NOT COMPLETED FORMULATING ALL OPINIONS WHICH MIGHT

 

 

BE OFFERED AT FINAL HEARING. I THINK WE'D AGREE

 

 

THAT'S TRUE.

 

 

A. THAT'S CORRECT.

 

 

Q. IN FACT, YOU DON'T REALLY HAVE ANY OPINIONS, AS WE

 

 

SIT HERE TODAY, THAT WOULD BE OFFERED AT FINAL

 

 

HEARING, DO YOU?

 

 

A. OR CONCLUSIONS.

 

 

Q. EITHER ONE.

 

 

A. YEAH.

 

 

Q. AND IT SAYS THAT YOUR OPINIONS WILL BE FINALIZED

 

 

AFTER ANALYSIS OF DATA TO BE RECEIVED THROUGH

 

 

DISCOVERY. IS THAT TRUE?

 

 

MS. STINSON: OBJECT TO FORM. I'M NOT

 

 

SURE THE WITNESS HAS AN UNDERSTANDING OF THE

 

 

TECHNICAL TERMS---

 

 

Q. (BY MR. REID) DISCOVERY MEANS PRODUCING DOCUMENTS

DR. RECKHOW VOLUME I PAGE 139

 

 

FROM THE OTHER SIDE, AND HEARING TESTIMONY FROM

 

 

THE OTHER SIDE.

 

 

A. CAN YOU REPEAT THAT AGAIN, PLEASE?

 

 

Q. YEAH. THIS SAYS THAT YOUR OPINIONS, SUCH OPINIONS

 

 

WILL BE FINALIZED AFTER ANALYSIS OF DATA TO BE

 

 

RECEIVED THROUGH DISCOVERY.

 

 

A. OUR CONCLUSIONS WILL BE FINALIZED AFTER ANALYSIS

 

 

OF DATA.

 

 

Q. OKAY. AND LET ME KEEP READING. IT SAYS -- IT

 

 

CONTINUES "INCLUDING BUT NOT LIMITED TO DATA

 

 

REVIEWED AND/OR RELIED UPON BY WILLIAM WALKER,

 

 

ROBERT KADLEC, AND ANY ADDITIONAL WITNESSES

 

 

IDENTIFIED BY RESPONDENTS AND ALIGNED INTERVENORS

 

 

IN FORMULATING OPINIONS AND PREPARING REPORTS ON

 

 

THE SUBJECT MATTER INDICATED ABOVE." AND I HAD

 

 

BETTER LET YOU READ THAT. I WANT YOU TO LET ME

 

 

KNOW IF THAT'S AN ACCURATE STATEMENT OF WHAT

 

 

YOU'RE GOING TO BE DOING IN TERMS OF THE PRECEDING

 

 

PAGE.

 

 

A. OKAY.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. WE WILL BE USING OTHERS' DATA -- DATA OBTAINED BY

 

 

OR ANALYZED BY OTHER INDIVIDUALS, SUCH AS

 

 

BILL WALKER AND KADLEC.

DR. RECKHOW VOLUME I PAGE 140

 

 

Q. SO, IT'S FAIR TO SAY THAT YOUR ULTIMATE

 

 

CONCLUSIONS AND OPINIONS, IN PART, ARE GOING TO BE

 

 

BASED UPON AN ANALYSIS OF THE WORK THAT WALKER AND

 

 

KADLEC ARE DOING IN THIS CASE?

 

 

A. IT IS FAIR TO SAY THAT AS A SCIENTIST, I WILL BE

 

 

LOOKING AT WHAT OTHERS HAVE DONE.

 

 

Q. AND THAT WOULD INCLUDE THE REPORTS THAT WE MARKED

 

 

AS EXHIBITS 3 AND 4?

 

 

A. NOW, WHICH ARE THOSE?

 

 

Q. THE TWO WALKER REPORTS.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. NO. WITH REGARDS TO THIS, I DON'T SEE WHY THIS IS

 

 

GOING TO---

 

 

Q. YOU'RE NOT GOING TO BE LOOKING AT THAT AT ALL---

 

 

A. NO.

 

 

Q. ---IN THE CASE?

 

 

MR. RUSSELL: THAT'S EXHIBIT 3?

 

 

MS. STINSON: EXCUSE ME. LET'S IDENTIFY

 

 

WHAT HE REFERRED TO AS "THIS," THAT HE IS NOT

 

 

GOING TO RELY ON.

 

 

MR. REID: OKAY, I WILL.

 

 

Q. (BY MR. REID) JUST SO WE'RE CLEAR, IN YOUR

 

 

INTERROGATORY RESPONSE THAT WAS FILED BY COUNSEL,

 

 

THAT MAKES REFERENCE TO YOUR ANALYZING DATA OF

DR. RECKHOW VOLUME I PAGE 141

 

 

WILLIAM WALKER, YOU WILL NOT BE LOOKING AT

 

 

EXHIBIT 3, "WATER QUALITY TRENDS AT INFLOWS TO

 

 

EVERGLADES NATIONAL PARK"?

 

 

A. THAT'S CORRECT, WE WILL NOT BE LOOKING AT THAT.

 

 

Q. AND YOU WILL, THEREFORE, HAVE NO OPINIONS

 

 

REGARDING THE WORK THAT BILL WALKER DID IN

 

 

PREPARING EXHIBIT 3?

 

 

A. NOT FOR THE PURPOSE OF THE WORK THAT I AM DOING

 

 

WITH SONG.

 

 

Q. I'M NOT ASKING ABOUT THE WORK WITH SONG. I'M

 

 

ASKING ABOUT IN THIS PROCEEDING FOR ANY PURPOSE.

 

 

A. IF THIS PROCEEDING IS NOT DEALING WITH TREND

 

 

ANALYSIS, THAT DOESN'T RELATE TO THE WORK.

 

 

Q. OKAY. GO AHEAD. YOU GOING TO BE LOOKING AT THAT

 

 

OTHER WORK BY WALKER?

 

 

A. YES.

 

 

Q. ALL RIGHT. IT SAYS IN THIS, THAT AMONG OTHER

 

 

THINGS YOU'RE GOING TO BE RELYING UPON AVAILABLE

 

 

LITERATURE. WHAT LITERATURE ARE YOU MAKING

 

 

REFERENCE TO?

 

 

A. LITERATURE SUCH AS THAT WALKER REPORT WE JUST

 

 

IDENTIFIED, AND---

 

 

MS. STINSON: WHICH IS---

 

 

Q. (BY MR. REID) EXHIBIT 4?

DR. RECKHOW VOLUME I PAGE 142

 

 

A. EXHIBIT 4. AND THE KADLEC REPORT ON THE NORTH

 

 

AMERICAN DATA SET. OTHER LITERATURE THAT WE

 

 

IDENTIFY, SONG IN PARTICULAR IDENTIFIES, ON

 

 

WETLANDS AND THEIR EFFICIENCY AND EFFECTIVENESS AS

 

 

NUTRIENT TRAPS, AND LITERATURE AND STATISTICAL

 

 

ANALYSIS THAT DESCRIBES STATISTICAL METHODS.

 

 

Q. NOW, THE WORK THAT SONG IS GOING TO BE DOING IS

 

 

GOING TO RELATE TO HOW PHOSPHORUS IS ACTED UPON

 

 

OR HOW PHOSPHORUS IS AFFECTED IN WETLANDS,

 

 

SPECIFICALLY, WCA-2A.

 

 

A. THAT'S CORRECT.

 

 

Q. HAVE YOU BEEN ASKED TO DEVELOP ANY OPINIONS

 

 

REGARDING ANY TREND ANALYSIS THAT WAS DONE BY

 

 

ANYBODY CONCERNING EVERGLADES NATIONAL PARK?

 

 

A. AS WE'VE DISCUSSED, I WAS ASKED TO REVIEW THAT

 

 

REPORT OF BILL WALKER.

 

 

Q. AND AS YOU SIT HERE TODAY, YOU HAVE NO INTENTION

 

 

OF OFFERING ANY TESTIMONY IN THESE PROCEEDINGS

 

 

CONCERNING TREND ANALYSIS?

 

 

A. I DO NOT.

 

 

Q. OKAY. I WANT TO START LOOKING AT SOME OF THESE

 

 

DOCUMENTS JUST IN GENERAL, AND THEN WE'LL TALK

 

 

MORE SPECIFICALLY LATER.

 

 

MR. REID: MAYBE YOU SHOULD JUST GIVE ME

DR. RECKHOW VOLUME I PAGE 143

 

 

YOUR STICKERS AND -- YOU'VE GOT THEM ALREADY

 

 

NUMBERED -- AND I'LL JUST---

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 5 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) OKAY. I WANT YOU TO LOOK AT

 

 

EXHIBIT 5, WHICH IS AN ARTICLE BY YOU IN DECEMBER

 

 

OF 1991, "NONPARAMETRIC AND ROBUST METHODS"

 

 

ETCETERA. YOU'VE SEEN THAT BEFORE, OBVIOUSLY?

 

 

A. YES.

 

 

Q. OKAY. WHY WAS THAT IN YOUR FILE?

 

 

A. BECAUSE THE METHODS OF SMOOTHING, DATA SMOOTHING,

 

 

ARE CENTRAL TO WHAT SONG'S GOING TO USE.

 

 

Q. OKAY. SO THIS PIECE SPECIFICALLY DEALS WITH THE

 

 

WORK THAT SONG'S GOING TO DO?

 

 

A. YES.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 6 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. OKAY. ALL RIGHT. SHOW YOU EXHIBIT 6. IT'S AN

 

 

ARTICLE BY PATRICK OF OCTOBER '92.

 

 

A. YEAH.

†䥔❓⁁不਍ਠ††††††††††††䅒呉䍌䔠䉙⁐䅔剉䍋⁏䘠佃呏䉅删✹㈮ഊഊ††††††††††䄮†⁙䕁䠮ഌ

DR. RECKHOW VOLUME I PAGE 144

 

 

Q. TELL ME WHY THAT'S IN YOUR FILE.

 

 

A. THAT'S IN MY FILE BECAUSE IT WAS IN MY STACK OF

 

 

PAPERS. I BELIEVE I RECEIVED IT AT THE MEETING I

 

 

MENTIONED, IN THE FALL OF 1992, AND I HAVEN'T READ

 

 

IT.

 

 

Q. DO YOU INTEND TO READ IT?

 

 

A. YES.

 

 

Q. DOES IT RELATE TO WHAT SONG IS GOING TO DO?

 

 

A. I THINK IT PROBABLY DOES.

 

 

Q. OKAY.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 7 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. I SHOW YOU EXHIBIT 7, WHICH IS A FAX TO YOU FROM

 

 

RON MUNSON. TELL ME WHY THAT'S IN YOUR FILE.

 

 

A. THIS WAS A FAX THAT, AS I RECALL, FOLLOWED THE

 

 

TELEPHONE CALL WHEN RON CALLED AND ASKED ABOUT OUR

 

 

MODEL, AND I EXPRESSED SURPRISE THAT WE HAD A

 

 

MODEL, AND TOLD HIM I DIDN'T THINK WE DID. AND SO

 

 

MY RECOLLECTION IS THAT HE SENT THIS TO ME TO

 

 

DESCRIBE WHAT HE REFERRED TO AS OUR MODEL, AND I

 

 

TOLD HIM THAT WE HAD NO MODEL. THIS WAS PART OF

 

 

SOME ANALYSIS WE WERE DOING.

DR. RECKHOW VOLUME I PAGE 145

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 8 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. EXHIBIT 8, WHICH IS A "PRELIMINARY APPLICATION OF

 

 

THE EVERGLADES HYDROLOGIC/NUTRIENT BUDGET MODEL,"

 

 

WHO PREPARED THAT?

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. IT CAME FROM TETRA TECH, AND I DON'T RECALL

 

 

READING OR USING THIS, BUT IT---

 

 

Q. DO YOU HAVE ANY INTENTION OF USING IT?

 

 

A. I WILL LOOK AT IT.

 

 

Q. DOES IT RELATE TO WHAT SONG IS DOING?

 

 

A. MAYBE.

 

 

Q. HOW?

 

 

A. IT CONCERNS THE SAME AREA.

 

 

Q. WCA-2A YOU MEAN?

 

 

A. YEAH.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 9 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. LOOKING AT EXHIBIT 9, WHICH IS A KBN DOCUMENT,

 

 

"EVERGLADES SWIM PLAN MODEL DEVELOPMENT UPDATE,"

DR. RECKHOW VOLUME I PAGE 146

 

 

WITH ATTACHMENTS. TELL ME WHY THAT'S IN YOUR

 

 

FILE.

 

 

A. IT'S THE SAME THING, IT LOOKS LIKE. IT HAS SOME

 

 

OF THE SAME THINGS THAT PREVIOUS -- I DON'T

 

 

REMEMBER WHAT -- THIS WAS SENT TO ME, AND MY

 

 

RESPONSE IS THE SAME AS BEFORE. WE POSSIBLY

 

 

MIGHT. WE CERTAINLY SHOULD LOOK AT IT, AND MAY

 

 

USE IT.

 

 

MR. FITZGERALD: CAN YOU JUST FLASH ME

 

 

THE COVER OF THAT BECAUSE I'VE GOT TWO KBN

 

 

DOCUMENTS, OR READ THE FIRST LINE?

 

 

(THEREUPON, MR. REID SHOWS

 

 

EXHIBIT 9 TO MR. FITZGERALD.)

 

 

MR. FITZGERALD: THAT ONE, OKAY. THANK

 

 

YOU.

 

 

MR. REID: OKAY. LET'S MARK EXHIBIT 10

 

 

WHICH IS A JULY '92 KADLEC AND NEWMAN

 

 

ARTICLE.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO ABOVE WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 10 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) WILL YOU BE RELYING ON THAT?

 

 

A. YES.

DR. RECKHOW VOLUME I PAGE 147

 

 

Q. OKAY. AND ARE THOSE YOUR HANDWRITTEN NOTES?

 

 

A. YES.

 

 

Q. OKAY. AND WHEN I SAY "YOU", I GUESS I MEAN SONG.

 

 

A. YES, I UNDERSTAND.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 11 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) EXHIBIT 11, WHICH IS A QUALLS AND

 

 

RICHARDSON ARTICLE.

 

 

A. I HAVEN'T READ IT. WE WILL LOOK AT IT. WE MAY

 

 

RELY ON IT.

 

 

Q. WHY IS IT IN YOUR FOLDER, OR WHY IS THAT IN YOUR

 

 

FILES?

 

 

A. I DON'T KNOW. CURT MAY HAVE PASSED IT ON TO ME

 

 

FOR SOME REASON. I DON'T RECALL.

 

 

(THEREUPON, THERE WAS AN

 

 

OFF-THE-RECORD DISCUSSION

 

 

WHICH WAS NOT REPORTED

 

 

BY THE COURT REPORTER.)

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 12 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

DR. RECKHOW VOLUME I PAGE 148

 

 

Q. (BY MR. REID) SHOW YOU EXHIBIT 12. THIS IS A

 

 

DOCUMENT, LOOKS LIKE AN OVERHEAD OR SOMETHING,

 

 

"RESEARCH IN SUPPORT OF STA DESIGN." HAVE YOU

 

 

SEEN THAT BEFORE?

 

 

A. I THINK THESE ARE THE FIGURES FROM WALKER'S PAPER,

 

 

AND WE'RE LIKELY TO MAKE USE OF IT.

 

 

Q. WHICH WALKER PAPER, THE TREND ANALYSIS?

 

 

A. NO.

 

 

Q. THE ENP?

 

 

A. YEAH. THE ONE THAT I SAID OVER THERE THAT WE

 

 

WOULD USE.

 

 

Q. OKAY. THAT'S EXHIBIT 4 WHICH IS "REFINEMENTS TO

 

 

PHOSPHORUS UPTAKE RELATIONSHIP".

 

 

A. I THINK THAT THOSE FIGURES ARE THE SAME.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 13 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. OKAY. NOW WE'LL LOOK AT EXHIBIT NUMBER 13, WHICH

 

 

IS A CRAFT AND RICHARDSON ARTICLE.

 

 

A. I HAVEN'T READ IT. WE'LL PROBABLY USE IT.

 

 

Q. OKAY.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

DR. RECKHOW VOLUME I PAGE 149

 

 

EXHIBIT NO. 14 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) EXHIBIT 14. LET'S IDENTIFY THE

 

 

DATE OF THAT.

 

 

A. THE DATE -- 1992.

 

 

Q. OKAY. AND IT'S A PAPER BY?

 

 

A. LOWE, L-O-W-E, ET AL.

 

 

Q. OKAY.

 

 

A. I FORGOT HOW I GOT THIS. I GUESS I'LL LOOK AT IT

 

 

BECAUSE IT'S IN THAT STACK OF MATERIALS, BUT I

 

 

DON'T RECALL THE SPECIFICS ON IT.

 

 

Q. HOW WAS THIS STACK OF MATERIALS GENERATED?

 

 

A. I HAVE AN OFFICE WITH A LOT OF ACTIVITIES GOING

 

 

ON, AND I KEEP THINGS IN EITHER FILES OR STACKS

 

 

ASSOCIATED WITH SUBJECT MATTER. AND SO, IF I FELT

 

 

THINGS WOULD RELATE TO THIS WORK, I'VE ACCUMULATED

 

 

THEM THERE.

 

 

Q. OKAY.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 15 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) THIS IS AN ARTICLE, EXHIBIT 15,

 

 

"EFFECTIVE PHOSPHORUS RETENTION IN WETLANDS, FACT

DR. RECKHOW VOLUME I PAGE 150

 

 

OR FICTION." HAVE YOU SEEN THAT BEFORE?

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. YES.

 

 

Q. WHO'S THE AUTHOR?

 

 

A. CURT RICHARDSON. HE MODIFIED A PAPER THAT

 

 

SONG QIAN HAD DONE AS PART OF A COURSE, AND I READ

 

 

THE PAPER THAT SONG DID. I HAVEN'T READ THIS

 

 

MODIFICATION. AND WE'RE APT TO USE SOME OF THIS

 

 

THINKING.

 

 

Q. ARE ALL THE ATTACHMENTS TO THIS CLIPPED

 

 

TOGETHER -- DO THEY GO WITH THE ARTICLE?

 

 

A. LET ME SEE. I DIDN'T REALIZE---

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. ---I THINK THEY DO. I THINK THESE ARE THE

 

 

STATISTICAL ANALYSIS THAT SONG DID AS PART OF THE

 

 

CLASS PROJECT, AND DATA LISTINGS.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 16 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. OKAY. LOOK AT EXHIBIT 16, WHICH APPEARS TO BE A

 

 

SET OF CHARTS AND GRAPHS AND SO FORTH. ASK YOU IF

 

 

YOU CAN IDENTIFY THAT?

 

 

A. WELL, THIS, I THINK, IS THE NORTH AMERICAN DATA

DR. RECKHOW VOLUME I PAGE 151

 

 

SET OF KADLEC'S.

 

 

Q. OKAY. DO YOU INTEND TO USE THAT?

 

 

A. YEAH.

 

 

Q. I THINK YOU SAID---

 

 

A. YEAH, YEAH.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 17 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. OKAY. EXHIBIT 17, WHICH IS A FAX FROM HOPPING

 

 

BOYD, ATTACHED TO THAT IS A KBN "EVERGLADES SWIM

 

 

PLAN REVIEW BIWEEKLY UPDATE." WHY IS THAT IN YOUR

 

 

FILE?

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. THEY'RE JUST -- I DON'T -- THEY SENT IT TO ME. I

 

 

DON'T KNOW EXACTLY WHY IT'S IN THERE. IT RELATES

 

 

TO THAT TOPIC AREA.

 

 

Q. OKAY.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 18 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) EXHIBIT 18, WHICH IS A LETTER OF

 

 

1990 FROM MIKE SOUKUP, S-O-U-K-U-P, TO PAUL

DR. RECKHOW VOLUME I PAGE 152

 

 

WHALEN, W-H-A-L-E-N. HAVE YOU SEEN THAT MATERIAL

 

 

BEFORE?

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. I HAVEN'T READ THIS SPECIFIC PAPER. AND I DON'T

 

 

KNOW WHY THIS IS HERE. IT TIES INTO SOME OF THE

 

 

TREND ANALYSIS THAT BILL WALKER DID. I DON'T KNOW

 

 

AS WE'LL USE THIS. I DON'T KNOW WHY IT'S IN

 

 

THAT---

 

 

Q. (BY MR. REID) WELL NOW, YOU'RE NOT DOING TREND

 

 

ANALYSIS, ARE YOU?

 

 

A. THAT'S RIGHT. THAT'S WHY I SAID I DON'T KNOW WHY

 

 

WE'LL USE THIS.

 

 

Q. OKAY.

 

 

A. YEAH.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 19 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) ALL RIGHT. EXHIBIT 19, WHICH IS A

 

 

PAPER BY SMITH, ET AL., "STUDY OF TRENDS IN TOTAL

 

 

PHOSPHORUS."

 

 

A. I DON'T KNOW WHY THIS CAME IN BECAUSE THIS IS

 

 

RELATED TO THE SEASONAL KINDLES TEST THAT

 

 

BILL WALKER USED IN THAT WORK, BUT AGAIN, WE'RE

DR. RECKHOW VOLUME I PAGE 153

 

 

NOT DOING TREND ANALYSIS.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 20 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) ALL RIGHT. SHOW YOU EXHIBIT 20.

 

 

CAN YOU TELL ME WHO WROTE THAT?

 

 

A. THIS LOOKS LIKE SONG'S FIRST VERY EARLY ATTEMPT,

 

 

APRIL '92, OF HIS RESEARCH PROPOSAL.

 

 

Q. OKAY. THAT'S THE RESEARCH THAT YOU'RE GOING TO BE

 

 

DOING?

 

 

A. IT'S BEEN MODIFIED SOMEWHAT SINCE THIS -- TALKS

 

 

ABOUT SOME OF THE THINGS HE'S GOING TO BE DOING,

 

 

YES.

 

 

Q. OKAY.

 

 

A. UH-HUH (YES).

 

 

Q. WHAT NUMBER IS THAT, PLEASE?

 

 

A. IT'S NUMBER 20.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 21 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) I'LL SHOW YOU EXHIBIT 21, WHICH IS

 

 

"RESEARCH PROPOSAL ON PHOSPHORUS MODELING" BY

DR. RECKHOW VOLUME I PAGE 154

 

 

SONG QIAN, DATED JUNE '92.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. I THINK THIS JUST DESCRIBES SOME OF THE THINGS

 

 

THAT HE'S DOING FOR THE DISSERTATION. IT'S NOT

 

 

QUITE ALONG THE LINES OF WHERE I SEE IT HEADED.

 

 

Q. (BY MR. REID) SO THAT'S NOT A WORKING VERSION OF

 

 

IT?

 

 

A. NO, IT ISN'T A WORKING VERSION.

 

 

Q. I MAY HAVE SAID EXHIBIT 22. I MEANT EXHIBIT 21.

 

 

A. 21. THAT'S CORRECT.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 22 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) NOW, I'LL SHOW YOU EXHIBIT 22, AND

 

 

ASK IF YOU CAN TELL ME WHAT THAT IS.

 

 

A. THIS LOOKS LIKE IT WAS WRITTEN BY SONG. IT LOOKS

 

 

TO ME LIKE ANOTHER EARLY VERSION OF THE PROPOSAL

 

 

AND TIES IN TO SOME DEGREE WITH WHAT HE'S DOING,

 

 

BUT IT'S AN EARLY VERSION.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 23 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

DR. RECKHOW VOLUME I PAGE 155

 

 

Q. (BY MR. REID) OKAY. I SHOW YOU EXHIBIT 23, AND

 

 

ASK IF YOU'VE SEEN THAT?

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. YEAH. THIS IS SOME WORK THAT SONG HAD DONE IN USE

 

 

OF SMOOTHING TECHNIQUES, OR LOOKING AT SOME OF THE

 

 

DATA, WCA-2A. SO, THIS IS THE SORT OF WORK

 

 

LEADING TO THE PROPOSAL.

 

 

Q. ALL RIGHT. I'M GOING TO ASK YOU A QUESTION. IT

 

 

LOOKS TO ME LIKE I'M MISSING SOME IN THIS VERSION.

 

 

I UNDERSTAND THERE'S A DIFFERENT -- CAN YOU RECALL

 

 

LOOKING AT THAT PAGE?

 

 

A. WITH THE SEVEN APPLICATION OF THE MODEL?

 

 

Q. AND THEN THERE'S -- YEAH. LOOK AT THE NEXT PAGE

 

 

AND SEE IF THAT SEEMS TO FOLLOW.

 

 

A. NO, IT DOESN'T, BUT I'M NOT SURE THAT THERE'S

 

 

ANYTHING MISSING---

 

 

Q. OKAY.

 

 

A. ---THAT HE HAD DONE. I DON'T REMEMBER AN

 

 

APPLICATION COMING OUT OF THIS.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS PLAINTIFF'S

 

 

EXHIBIT NO. 24 - KENNETH H. RECKHOW

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) NOW, I WANT TO SHOW YOU EXHIBIT 24,

DR. RECKHOW VOLUME I PAGE 156

 

 

WHICH ARE DOCUMENTS ON DUKE UNIVERSITY STATIONERY,

 

 

DATED NOVEMBER 18, DECEMBER 2ND, AND JANUARY 22ND,

 

 

ALL ENTITLED "BIWEEKLY PROGRESS REPORT."

 

 

A. THAT'S RIGHT.

 

 

Q. AND THEY ALL SEEM TO BE FROM YOU---

 

 

A. YEP.

 

 

Q. ---TO CURT POLLMAN AND BILL GREEN?

 

 

A. WELL, REMEMBER, I'M NOT A CONSULTANT ON THIS

 

 

PROJECT.

 

 

Q. I DON'T UNDERSTAND WHAT YOU'RE---

 

 

A. WELL, I WANTED TO INDICATE THAT I KEEP MY

 

 

CONSULTING BUSINESS SEPARATE. YOU MENTIONED DUKE

 

 

UNIVERSITY STATIONERY. I'M DOING THIS WORK AS

 

 

SONG'S ADVISOR AND IT MIGHT---

 

 

Q. OH. I THINK YOU'RE BEING DEFENSIVE. AND I

 

 

WASN'T---

 

 

A. OKAY, OKAY.

 

 

Q. I JUST IDENTIFIED IT BECAUSE IT WAS THERE.

 

 

A. OKAY.

 

 

Q. BUT I DO HAVE A QUESTION ABOUT IT. YOU'VE SEEN

 

 

THOSE BEFORE?

 

 

A. YES.

 

 

Q. WHY, AS HIS ADVISOR -- STRIKE THAT. WHO'S

 

 

CURT POLLMAN?

DR. RECKHOW VOLUME I PAGE 157

 

 

A. CURT POLLMAN IS A CONSULTANT WITH KBN.

 

 

Q. AND IS HE CONNECTED WITH DUKE UNIVERSITY

 

 

SOMEHOW?

 

 

A. NO.

 

 

Q. THAT'S AN OUTSIDE FIRM?

 

 

A. THAT'S AN OUTSIDE FIRM.

 

 

Q. IS HE WORKING FOR DUKE UNIVERSITY?

 

 

A. YEAH. HE WAS IN ON A MEETING THAT I MENTIONED

 

 

WITH BILL GREEN AND RICK BURGESS LAST SUMMER. HE

 

 

WAS ANOTHER PERSON.

 

 

Q. AND IS HE CONNECTED IN ANY WAY WITH DUKE

 

 

UNIVERSITY?

 

 

A. NOT THAT I KNOW OF.

 

 

Q. HAS HE GOT A CONTRACT WITH DUKE UNIVERSITY?

 

 

A. NOT THAT I KNOW OF.

 

 

Q. NOW, BILL GREEN'S THE ATTORNEY FOR THE

 

 

COOPERATIVE. IS THAT RIGHT?

 

 

A. THAT'S CORRECT.

 

 

Q. IS IT NORMAL THAT YOU WOULD BE SENDING REPORTS ON

 

 

STUDENTS' PROGRESS TO OUTSIDE PEOPLE?

 

 

A. IT'S NOT SOMETHING, UNLESS THEY REQUESTED IT.

 

 

Q. CAN YOU THINK OF ANOTHER EXAMPLE WHERE YOU'VE DONE

 

 

THAT, WITH ANY OF YOUR STUDENTS?

 

 

A. WHERE I'VE SENT---

DR. RECKHOW VOLUME I PAGE 158

 

 

Q. REGULAR REPORTS TO OUTSIDE THIRD PARTIES ABOUT

 

 

THEIR PROGRESS TOWARD THEIR GRADUATE DEGREES ON

 

 

DUKE UNIVERSITY STATIONERY?

 

 

A. ON DUKE UNIVERSITY STATIONERY. IF I WAS -- IN

 

 

ALL LIKELIHOOD, IF I WAS ACTING AS A FACULTY

 

 

ADVISOR, I WOULD USE DUKE UNIVERSITY STATIONERY,

 

 

AND THAT'S THE ROLE I WAS ASSUMING HERE. I CAN'T

 

 

THINK OF ANOTHER SITUATION WHERE I HAVE -- WELL,

 

 

FOR EPA PROJECTS, PROGRESS REPORTS PROBABLY ARE A

 

 

PART OF IT. I CAN'T THINK OFFHAND OF ANOTHER

 

 

SITUATION.

 

 

Q. OKAY. BUT THAT WOULD BE WHERE DUKE HAS SOME

 

 

RELATIONSHIP WITH THE EPA, I ASSUME, A CONTRACT OR

 

 

OTHERWISE?

 

 

A. THAT'S CORRECT, YEAH. YEAH.

 

 

Q. NOW, SO THIS IS JUST A REPORT THAT DUKE IS SENDING

 

 

OUT---

 

 

A. THAT I'M SENDING OUT.

 

 

Q. OKAY. THAT YOU'RE SENDING OUT ON DUKE

 

 

STATIONERY---

 

 

A. THAT'S CORRECT.

 

 

Q. ---TO THESE TWO PEOPLE, WITH WHOM YOU HAVE NO

 

 

RELATIONSHIP?

 

 

A. I HAVE -- I AM NOT PAID AS A CONSULTANT BY THESE

DR. RECKHOW VOLUME I PAGE 159

 

 

PEOPLE.

 

 

Q. WITH WHOM YOU HAVE NO RELATIONSHIP. IS THAT

 

 

ACCURATE OR NOT?

 

 

MS. STINSON: OBJECTION TO FORM,

 

 

OVERBROAD.

 

 

WITNESS: WHAT'D YOU SAY?

 

 

MR. REID: NOTHING. I MEAN, YOU CAN

 

 

ANSWER THE QUESTION.

 

 

MS. STINSON: I SAID OBJECT TO FORM

 

 

OF THE QUESTION, OVERBROAD. THE QUESTION

 

 

WAS OVERBROAD. BUT YOU CAN ANSWER IT, IF

 

 

YOU CAN.

 

 

WITNESS: OKAY.

 

 

A. THERE HAS BEEN A GIFT TO THE WETLANDS CENTER IN

 

 

SUPPORT OF SONG'S RESEARCH.

 

 

Q. BY WHOM?

 

 

A. BY THE SUGAR CANE COOPERATIVE.

 

 

Q. WHEN WAS THAT GIFT GIVEN?

 

 

A. THAT GIFT WAS GIVEN PERHAPS A YEAR AGO, AND

 

 

ANOTHER GIFT WAS GIVEN TEN -- EIGHT, TEN MONTHS

 

 

AGO.

 

 

Q. OKAY. AND HOW MUCH WERE THOSE TWO GIFTS?

 

 

A. I THINK EACH WAS TWENTY THOUSAND DOLLARS

 

 

($20,000.00).

DR. RECKHOW VOLUME I PAGE 160

 

 

Q. AND HOW MUCH IS SONG'S SUPPORT FROM THE WETLANDS

 

 

CENTER TOTAL?

 

 

A. I SUSPECT HE'S GETTING SOMETHING ON THE ORDER OF

 

 

SIXTEEN THOUSAND DOLLARS ($16,000.00).

 

 

Q. AND WHO GETS THE REST OF THAT GIFT THAT WAS GIVEN

 

 

IN SUPPORT OF HIS WORK?

 

 

A. I DON'T KNOW WHAT'S GOING TO BE USED WITH ANY

 

 

OTHER MONEY ON THE FIRST GIFT. THAT'S A GIFT OR A

 

 

CODE THAT CURT RICHARDSON IS HANDLING. AS FAR AS

 

 

THE SECOND GIFT---

 

 

Q. WELL, WAIT. EXCUSE ME. LET ME INTERRUPT. WHAT

 

 

YOU JUST SAID DIDN'T MAKE ANY SENSE TO ME AT ALL,

 

 

SO WOULD YOU MIND---

 

 

A. SURE.

 

 

Q. YOU WANT TO HEAR THAT ANSWER BACK?

 

 

A. WELL, I CAN RESTATE IT. I DON'T KNOW---

 

 

Q. MY QUESTION WAS, SONG IS GETTING SIXTEEN THOUSAND

 

 

DOLLARS ($16,000.00). YOU TOLD ME THERE'S FORTY

 

 

THOUSAND DOLLARS ($40,000.00) AS A GIFT FROM THE

 

 

COOPERATIVE TO SUPPORT HIS WORK. MY QUESTION IS,

 

 

WHO'S GETTING THE REMAINING TWENTY-FOUR THOUSAND

 

 

($24,000.00)?

 

 

A. I DON'T KNOW IF ANYONE'S GETTING THE REMAINING

 

 

TWENTY-FOUR THOUSAND ($24,000.00). I KNOW SOME OF

DR. RECKHOW VOLUME I PAGE 161

 

 

THAT MONEY HAS BEEN USED TO PURCHASE COMPUTERS FOR

 

 

GENERAL GRADUATE STUDENT USE, AND SONG'S BEEN A

 

 

PRETTY HEAVY USER OF THOSE COMPUTERS.

 

 

Q. OKAY. SO DUKE IS USING IT, IN OTHER WORDS?

 

 

A. DUKE'S USING IT.

 

 

Q. OKAY. AND YOU WERE SENDING BIWEEKLY REPORTS TO

 

 

THE LAWYER FOR THE COOPERATIVE, WHO'S THE GIFT

 

 

GIVER IN THIS CASE?

 

 

A. YES.

 

 

Q. AND TO SOME THIRD PARTY OUTSIDE CONSULTANT THAT

 

 

THE COOPERATIVE IS USING?

 

 

A. YES.

 

 

Q. AND THAT'S WHAT THEY REQUIRE AS A CONDITION FOR

 

 

THIS GIFT?

 

 

A. THAT IS NOT WHAT THEY REQUIRED AS A CONDITION.

 

 

THAT'S WHAT THEY REQUESTED.

 

 

Q. OKAY. OKAY. AND WHERE WOULD THE DOCUMENTATION BE

 

 

ABOUT THIS GIFT?

 

 

A. I SUSPECT IT'S IN THE WETLAND CENTER FILES.

 

 

MS. STINSON: IT'S 4:00.

 

 

MR. REID: OKAY. WE'LL PICK IT UP

 

 

TOMORROW.

 

 

MR. STINSON: DO YOU WANT GO ON WITH

 

 

THE -- HE'S AVAILABLE FROM 5:30 TO 7:00

DR. RECKHOW VOLUME I PAGE 162

 

 

THIS EVENING.

 

 

MR. REID: DOESN'T MAKE SENSE.

 

 

MS. STINSON: HE'S AVAILABLE FROM 5:30

 

 

TO 7:00 THIS EVENING, IF YOU'D LIKE TO

 

 

PROCEED THEN.

 

 

MR. REID: WELL, I DON'T THINK IT WOULD

 

 

BE WORTHWHILE TO GO AWAY FOR AN HOUR AND A

 

 

HALF AND COME BACK FOR AN HOUR AND A HALF,

 

 

SO WE CAN START IN THE MORNING AT EIGHT

 

 

O'CLOCK.

 

 

(THEREUPON, THERE WAS AN

 

 

OFF-THE-RECORD DISCUSSION

 

 

WHICH WAS NOT REPORTED

 

 

BY THE COURT REPORTER.)

 

 

MS. STINSON: WELL, LET ME PUT ONE THING

 

 

ON THE RECORD FIRST. I DID WRITE A LETTER TO

 

 

COUNSEL SUGGESTING THAT THIS DEPOSITION BE

 

 

TAKEN LATER, THAT DR. RECKHOW HAD NOT

 

 

FORMULATED ANY OPINIONS. IT WAS DECIDED BY

 

 

COUNSEL FOR SOUTH FLORIDA WATER MANAGEMENT

 

 

DISTRICT TO PROCEED ANYWAY. WE HAVE AGREED

 

 

TO DO THAT, AND HAVE AGREED, UNCONDITIONALLY,

 

 

IN ANY EVENT, TO PRODUCE HIM AGAIN LATER.

 

 

GIVEN THAT, I DON'T THINK THERE SHOULD BE

DR. RECKHOW VOLUME I PAGE 163

 

 

ANY CONCERN WITH RESPECT TO THE ENTIRE LENGTH

 

 

OF THIS. THERE'S NO NEED TO KEEP IT OPEN,

 

 

SO WE WON'T OBJECT TO A CONTINUATION. WE'RE

 

 

NOT OBJECTING TO A CONTINUATION OF THIS AT

 

 

SOME LATER DATE. AND IT WILL CLEARLY HAVE

 

 

TO BE TAKEN AT A LATER DATE ADDITIONALLY

 

 

ANYWAY.

 

 

MR. REID: WELL, LET ME JUST SAY I DID

 

 

GET THE LETTER TELLING ME THAT HE DIDN'T HAVE

 

 

OPINIONS. I REALIZE FROM TODAY THAT HE'S

 

 

PROBABLY NOT GOING TO HAVE OPINIONS UNTIL THE

 

 

END OF 1994, SO I THINK THAT WAS KIND OF

 

 

SUPERFLUOUS TO SAY HE DOESN'T HAVE OPINIONS

 

 

TODAY, TAKE IT LATER, BECAUSE I ASSUME HE

 

 

WOULD HAVE THE SAME TESTIMONY. BUT IN THE

 

 

LETTER, I DIDN'T HEAR ANYTHING ABOUT HIS

 

 

SCHEDULE, HIS CLASS, HIS NECESSITY FOR

 

 

BREAKING UP AND COMING BACK. SO, RIGHT, YOU

 

 

SENT ME A LETTER BUT YOU DIDN'T MENTION ANY

 

 

OF THESE OTHER PROBLEMS. I THOUGHT WE'D HAVE

 

 

TWO FULL DAYS OF DEPOSITION. AND WE HAVE

 

 

MAYBE A DAY. AND THE PROBLEM IS, WE HAVE TO

 

 

PAY TO COME UP HERE, AND WE HAVE TO PAY TO

 

 

COME UP HERE AGAIN, YOU KNOW.

DR. RECKHOW VOLUME I PAGE 164

 

 

MR. FITZGERALD: I WOULD ALSO VOICE

 

 

SOME OF THE SAME CONCERNS. I WOULD POINT OUT

 

 

THAT THE UNITED STATES CROSS-NOTICED THIS

 

 

WITNESS AND WAS NOT CONSULTED ABOUT THE

 

 

POSSIBILITY OF CANCELLING, ALTHOUGH I GOT A

 

 

COPY OF THE LETTER. WE WOULD NOT HAVE AGREED

 

 

TO IT, EVEN IF THE DISTRICT HAD, SO THE DEPO

 

 

WOULD HAVE GONE FORTH. I THINK THE WITNESS

 

 

HAS BEEN VERY FRANK AND EXHIBITED GREAT

 

 

CANDOR IN SUGGESTING THAT HE DOESN'T SEE HIS

 

 

ROLE AS FORMULATING OPINIONS IN MANY OF THE

 

 

AREAS FOR WHICH HE'S BEEN DESIGNATED AS A

 

 

WITNESS. I UNDERSTAND THAT HE WAS NOT

 

 

CONSULTED ABOUT THAT, AND I CERTAINLY DON'T

 

 

THINK YOU HOLD THAT AGAINST THE WITNESS; THAT

 

 

AN ATTORNEY DESIGNATES HIM WITHOUT

 

 

CONSULTATION. I AM CONCERNED OVER THE

 

 

BELATED ADVICE OF DIFFICULTIES WITH THE

 

 

SCHEDULED TIME. THIS HAS LONG BEEN NOTICED,

 

 

WELL WITHIN THE REQUIREMENTS OF THE

 

 

DISCOVERING SCHEDULING ORDER. ALTHOUGH I

 

 

REPRESENT A PUBLIC CLIENT, I HAVE AN EQUAL

 

 

OBLIGATION TO INSURE THAT THE MONEY AND TIME

 

 

IS NOT SQUANDERED. IT APPEARS TO ME, BASED

DR. RECKHOW VOLUME I PAGE 165

 

 

ON THE WITNESS' TESTIMONY, THAT WE MIGHT WELL

 

 

HAVE FINISHED HIS DEPOSITION WITH NO

 

 

NECESSITY OF RETURNING IN THE FUTURE IF, IN

 

 

FACT, AS WE EXPECT THE CASE PROCEEDS TO

 

 

HEARING ON THE CURRENT SCHEDULE. THAT BEING

 

 

THE CASE, I DON'T FEEL THAT THE OFFER, WHICH

 

 

I ACKNOWLEDGED, TO HAVE A FOLLOW-UP

 

 

DEPOSITION REALLY ANSWERS THE PROBLEM. IF

 

 

I, IN FACT, AM NOT AFFORDED AN OPPORTUNITY TO

 

 

INQUIRE ADEQUATELY AT THIS SESSION, WE END UP

 

 

HAVING TO COME BACK AGAIN, EVEN THOUGH THERE

 

 

MAY BE NO OPINIONS THEN EITHER, AND I DO HAVE

 

 

A PROBLEM WITH THAT. SO, I'M GOING TO OBJECT

 

 

FOR THE RECORD THAT WE'RE DOING THIS, AND WE

 

 

RESERVE ALL OF OUR RIGHTS.

 

 

MR. RUSSELL: WELL, YOU'VE GOT AN HOUR

 

 

AND A HALF.

 

 

MS. STINSON: YEAH. I -- WELL, I

 

 

ALSO -- WELL, I OFFERED AN ADDITIONAL HOUR

 

 

THIS MORNING BEFORE HIS CLASS AND AN

 

 

ADDITIONAL HOUR AND A HALF AFTER HIS

 

 

MEETING---

 

 

MR. REID: WAIT, WAIT, THAT'S---

 

 

MS. STINSON: ---BUT I DON'T BELIEVE

DR. RECKHOW VOLUME I PAGE 166

 

 

THIS HAS TO BE ON THE RECORD.

 

 

MR. REID: WAIT. THAT'S A PURITAN

 

 

OFFER AT BEST TO SAY THAT YOU GAVE THE OFFER

 

 

FOR ME TO TAKE AN HOUR AND A HALF BREAK AND

 

 

THEN TO COME BACK FOR AN HOUR AND A HALF.

 

 

THAT DOESN'T ANSWER THE QUESTION AT ALL. AND

 

 

I'D LIKE TO KNOW WHEN DID HE KNOW ABOUT HIS

 

 

CLASS SCHEDULE?

 

 

MS. STINSON: I CAN ONLY TELL YOU WHEN I

 

 

KNEW ABOUT HIS CLASS SCHEDULE.

 

 

MR. REID: I ASSUME HE MUST NOT HAVE

 

 

KNOWN ABOUT HIS CLASS SCHEDULE UNTIL TWO DAYS

 

 

AGO, AND THAT'S REALLY SURPRISING AND IT'S

 

 

HARD TO BELIEVE.

 

 

MR. FITZGERALD: YES.

 

 

MR. REID: OKAY, WE'LL SEE YOU IN THE

 

 

MORNING.

 

 

MS. STINSON: EIGHT O'CLOCK?

 

 

MR. REID: YES.

 

 

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

 

 

(THEREUPON, THIS PORTION OF THE DEPOSITION

 

 

OF DR. RECKHOW WAS RECESSED AT 4:02 P.M.,

 

 

TO BE RESUMED APRIL 9, 1993, AT 8:00 A.M.)

 

 

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

DR. RECKHOW VOLUME I PAGE 167

 

 

THE FOLLOWING PORTION OF THE DEPOSITION

 

 

OF DR. KENNETH HOWLAND RECKHOW WAS TAKEN ON THE

 

 

9TH DAY OF APRIL, 1993, BEGINNING AT OR AROUND

 

 

8:03 A.M. IN THE HILTON HOTEL, 3800 HILLSBOROUGH ROAD,

 

 

THE EXECUTIVE BOARDROOM, DURHAM, NORTH CAROLINA, AND

 

 

WAS REPORTED BY PAMELA S. LILES, A NOTARY PUBLIC.

 

 

- - - - - - - - - -

 

 

EXAMINATION BY MR. REID CONTINUES:

 

 

Q. DR. RECKHOW, DID YOU HAVE THE OPPORTUNITY TO

 

 

DISCUSS YOUR -- THE CASE OR YOUR TESTIMONY WITH

 

 

ANYBODY SINCE WE WERE LAST TOGETHER?

 

 

A. LET ME THINK. CURT RICHARDSON CALLED ME LAST

 

 

NIGHT.

 

 

MS. STINSON: EXCUSE ME. LET ME

 

 

INTERRUPT FOR A SECOND. I WOULD LIKE TO

 

 

GET SOMETHING ON THE RECORD BEFORE WE

 

 

PROCEED WITH THE DEPOSITION REGARDING

 

 

SCHEDULING.

 

 

MR. REID: YOU'RE NOT CHANGING IT AGAIN,

 

 

ARE YOU?

 

 

MS. STINSON: NO. THOUGH I WILL PROPOSE

 

 

SOMETHING. AND, GENERALLY, I WOULDN'T FEEL

 

 

THE NEED TO PUT THIS ON THE RECORD AT A

 

 

DEPOSITION, EXCEPT IF SOMETHING COMES UP WITH

DR. RECKHOW VOLUME I PAGE 168

 

 

THE HEARING OFFICER, I'M NOT LIKELY TO BE

 

 

HERE TO DISCUSS IT WITH HIM, AND I WANTED

 

 

THIS TO BE ON THE RECORD. I'LL MAKE THE

 

 

STATEMENT AND THAT'S ALL I'LL HAVE TO SAY.

 

 

FIRST, GIVEN THE ACADEMIC AFFILIATION OF

 

 

MANY OF THE EXPERTS IN THIS CASE, COUNSEL

 

 

HAVE GENERALLY AGREED TO, AND HAVE, IN FACT,

 

 

WORKED AROUND THE TEACHING SCHEDULES, TAKING

 

 

BREAKS FOR CLASSES SO THAT THE REQUEST

 

 

YESTERDAY REGARDING THE CLASS WAS NOT

 

 

UNUSUAL. IN THIS PARTICULAR INSTANCE, AS YOU

 

 

HEARD FROM THE WITNESS YESTERDAY, DR. RECKHOW

 

 

IS NOT EVEN A PRIVATELY RETAINED CONSULTANT,

 

 

BUT IS HERE BECAUSE HIS WORK AT DUKE IS

 

 

RELEVANT TO THE ISSUES, SO THAT I BELIEVE

 

 

HIS ACADEMIC COMMITMENTS TAKE PRIORITY.

 

 

YESTERDAY, GIVEN DR. RECKHOW'S COMMITMENTS,

 

 

WE OFFERED AN HOUR BEFORE HIS MORNING CLASS,

 

 

AND ANOTHER ONE AND A HALF HOURS AFTER HIS

 

 

FOUR O'CLOCK COMMITMENT, WHICH YOU DECLINED

 

 

TO UTILIZE. I MADE PLANE RESERVATIONS FOR

 

 

MYSELF FOR MIDDAY TODAY, FRIDAY, BELIEVING,

 

 

BASED ON MY NEARLY TWENTY YEARS OF LITIGATION

 

 

EXPERIENCE, THAT GIVEN THE STATUS OF

DR. RECKHOW VOLUME I PAGE 169

 

 

DR. RECKHOW'S WORK IN THIS AREA, THAT THAT

 

 

WOULD BE MORE THAN ENOUGH TIME TO CONDUCT AN

 

 

APPROPRIATE EXAMINATION.

 

 

AND FINALLY, AS MENTIONED YESTERDAY,

 

 

EVEN THOUGH WE SUGGESTED THAT THIS DEPOSITION

 

 

BE POSTPONED, GIVEN THE PRELIMINARY NATURE OF

 

 

THE WITNESS' WORK, WE AGREED BOTH TO PROCEED

 

 

NOW AND THAT THE DEPOSITION WOULD BE HELD

 

 

OPEN AND REDONE LATER SO THAT THERE IS NO

 

 

NEED TO TRY TO LAY BLAME HERE IN ORDER TO BE

 

 

ABLE TO DEPOSE DR. RECKHOW AGAIN. IF, IN

 

 

FACT, DR. RECKHOW DOES NOT FINALIZE HIS WORK

 

 

ON WHICH HE WILL TESTIFY PRIOR TO THE END OF

 

 

DISCOVERY WITHOUT SOME GOOD CAUSE, IT IS MY

 

 

UNDERSTANDING FROM LAST FRIDAY'S STATUS

 

 

CONFERENCE THAT THE HEARING OFFICER WOULD NOT

 

 

ALLOW HIM TO TESTIFY IN ANY EVENT. ANY

 

 

CONCERN, THEREFORE, ABOUT NOT OBTAINING HIS

 

 

RESULTS THROUGH DEPOSITION IS TAKEN CARE OF.

 

 

THERE WERE SOME DISCUSSIONS YESTERDAY ABOUT

 

 

POSSIBLY JUST CONCLUDING DR. RECKHOW'S

 

 

DEPOSITION AND NOT NEEDING TO TAKE IT AGAIN,

 

 

AND I WOULD PROPOSE THAT IF YOU CAN, IN FACT,

 

 

DO THAT TODAY, FINALIZE IT, AND NOT HOLD IT

DR. RECKHOW VOLUME I PAGE 170

 

 

OPEN, THAT I WOULD BE WILLING TO TRY TO

 

 

CHANGE MY FLIGHT ARRANGEMENTS TO TAKE THE

 

 

LAST FLIGHT OUT TODAY, WHICH IS AT SIX

 

 

O'CLOCK. AND -- WITH THE AGREEMENT THAT IT

 

 

WOULD BE CONCLUDED TODAY, AND THAT WE WOULD

 

 

NOT AGREE TO HOLD IT OPEN. BUT WITHOUT THAT

 

 

ASSURANCE, IT DOESN'T MAKE ANY SENSE TO DRAG

 

 

THINGS ON KNOWING THAT WE'VE AGREED TO

 

 

RETURN. IF YOU WISH TO CONTINUE TO THE END

 

 

OF THE DAY, IT WOULD BE WITH THE

 

 

UNDERSTANDING THAT THE PURPOSE IS TO CONCLUDE

 

 

THE DEPOSITION OBVIATING THE NEED TO RETURN.

 

 

THAT'S ON THE RECORD, I WOULD -- YOU CAN---

 

 

MR. REID: WAIT. YOU KNOW, YESTER---

 

 

MS. STINSON: WAIT A MINUTE.

 

 

MR. REID: WAIT. THAT'S REALLY AMAZING.

 

 

I MEAN, I---

 

 

MS. STINSON: WAIT A MINUTE, BEN, I AM

 

 

NOT FINISHED.

 

 

MR. REID: ---I WENT OUT AND CHANGED --

 

 

I CHANGED FLIGHTS---

 

 

MS. STINSON: BEN, WAIT A MINUTE, I AM

 

 

NOT FINISHED.

 

 

MR. REID: THIS IS INCREDIBLE.

DR. RECKHOW VOLUME I PAGE 171

 

 

MS. STINSON: I'M---

 

 

MR. REID: GO AHEAD, FINISH.

 

 

MS. STINSON: ---MAKING THE

 

 

PROPOSITION---

 

 

MR. REID: GO AHEAD, YEAH, SURE.

 

 

MS. STINSON: ---BECAUSE AT THE END OF

 

 

THE DAY YESTERDAY, THERE WERE SOME COMMENTS

 

 

ABOUT BEING ABLE TO CONCLUDE THIS DEPOSITION.

 

 

I HAVE NOT CHANGED MY FLIGHT. I WOULD BE

 

 

WILLING TO TRY TO DO THAT. I DON'T PLAN TO

 

 

DO -- TO ARGUE FURTHER NOW; I'VE MADE MY

 

 

STATEMENT. YOU KNOW, YOU CAN MAKE WHATEVER

 

 

COMMENTS OR CHOICE YOU WISH TO ON THE RECORD.

 

 

BUT THAT'S -- THAT'S MY VIEWS.

 

 

MR. REID: NO, I PLANNED TO COME AND

 

 

START THE DEPOSITION AT EIGHT O'CLOCK, AND I

 

 

WENT TO GREAT LENGTHS TO CHANGE FLIGHT

 

 

SCHEDULES LAST NIGHT, BASED ON WHAT YOU TOLD

 

 

ME, AND CHANGED A COUPLE OF OTHER THINGS,

 

 

RESCHEDULED SOME THINGS BACK IN MIAMI. AND

 

 

NOW, TODAY, SUDDENLY AT, YOU KNOW, TEN AFTER

 

 

EIGHT, YOU TELL ME THAT YOU DON'T HAVE TO

 

 

RUSH BACK AT NOON TODAY. WELL, IT'S JUST TOO

 

 

LATE. I MEAN, YOU JUST CAN'T KEEP CHANGING

DR. RECKHOW VOLUME I PAGE 172

 

 

AND UNCHANGING.

 

 

Q. (BY MR. REID) OKAY, DR. RECKHOW---

 

 

MR. REID: AND BY THE WAY, I WILL SAY

 

 

THIS, I WANT TO UNDERSTAND. ARE YOU TELLING

 

 

ME THAT HE'S NOT LISTED AS AN EXPERT BY THE

 

 

CO-OP?

 

 

MS. STINSON: NO, CERTAINLY NOT.

 

 

MR. REID: OKAY. SO, HE'S HERE BECAUSE

 

 

HE'S LISTED BY THE CO-OP, AND UNDER THE COURT

 

 

RULE, HE WAS TO HAVE HIS OPINIONS BY --

 

 

WHAT'S THE DATE ORIGINALLY, MARCH---

 

 

MR. FITZGERALD: FEBRUARY 28TH.

 

 

MR. REID: FEBRUARY 28TH. SO, YOU MADE

 

 

IT SOUND AS IF HE'S JUST SHOWING UP BECAUSE

 

 

HE WORKS AT DUKE, AND HE MIGHT BE WORKING ON

 

 

SOME OF THIS STUFF. WE'RE TAKING HIS

 

 

DEPOSITION BECAUSE IT WAS REPRESENTED TO US

 

 

THAT HE HAD OPINIONS, AND THAT THOSE OPINIONS

 

 

RELATE TO THE CASE.

 

 

EXAMINATION BY MR. REID CONTINUES:

 

 

Q. OKAY, DR. RECKHOW. WHO HAVE YOU TALKED WITH SINCE

 

 

WE WERE LAST TOGETHER?

 

 

MR. McCAUGHAN: GO AHEAD, YOU CAN

 

 

ANSWER.

†††††††††††††††乁坓剅മ

DR. RECKHOW VOLUME I PAGE 173

 

 

WITNESS: WELL, I'M NOT CLOSE ENOUGH

 

 

TO THAT. (MOTIONING TO MICROPHONE.)

 

 

MR. McCAUGHAN: OH, I'M SORRY. I'M

 

 

SORRY.

 

 

A. AS I MENTIONED TO YOU A FEW MINUTES AGO, I SPOKE

 

 

WITH CURT RICHARDSON ON THE PHONE.

 

 

Q. ALL RIGHT. DO YOU KNOW WHY HE CALLED?

 

 

A. HE CALLED TO ASK ME ABOUT A CANDIDATE THAT WE HAD

 

 

VISITING THE DEPARTMENT YESTERDAY FOR A FACULTY

 

 

POSITION. AND HE CALLED TO ASK ME ABOUT THE

 

 

DEPOSITION.

 

 

Q. OKAY. AND TELL ME WHAT YOU SAID TO HIM AND WHAT

 

 

HE SAID TO YOU ABOUT THE DEPOSITION.

 

 

A. I JUST TOLD HIM THAT IT WAS GOING ON. IT WASN'T

 

 

THE MOST PLEASANT EXPERIENCE I'VE HAD. AND HE

 

 

COMMENTED ON THAT, AND AGREED THAT THAT WAS HIS

 

 

EXPERIENCE AS WELL.

 

 

Q. DID YOU DISCUSS THE SUBSTANCE OF THE CASE WITH

 

 

HIM?

 

 

A. I DIDN'T.

 

 

Q. DID HE DISCUSS THE SUBSTANCE OF THE CASE WITH YOU?

 

 

A. HE DID NOT.

 

 

Q. OR ANY OTHER TOPICS THAT CAME UP DURING THE

 

 

DEPOSITION?

DR. RECKHOW VOLUME I PAGE 174

 

 

A. I -- AS I RECALL, I THINK I BRIEFLY OUTLINED THE

 

 

SORTS OF QUESTIONS THAT CAME UP, BUT WE DIDN'T

 

 

DWELL ON ANY OF THEM.

 

 

Q. WHAT DID YOU SAY TO HIM IN OUTLINING THE SORT OF

 

 

QUESTIONS THAT CAME UP?

 

 

A. I TOLD HIM THAT WE TALKED ABOUT THE FACT THAT

 

 

SONG'S WORK IS VERY PRELIMINARY. I TOLD HIM THAT

 

 

WE TALKED ABOUT THE TRENDS PAPER BY WALKER, BUT I

 

 

MADE IT CLEAR THAT THAT DIDN'T RELATE TO WHAT WE

 

 

WERE DOING.

 

 

Q. IS THERE ANYTHING ELSE?

 

 

A. I DON'T RECALL ANYTHING ELSE.

 

 

Q. WHAT COMMENTS DID HE MAKE IN RESPONSE TO THOSE --

 

 

THAT OUTLINE OF THE QUESTIONS THAT YOU GAVE HIM?

 

 

A. I THINK -- I DON'T -- NOTHING IN PARTICULAR, HE

 

 

JUST OBSERVED.

 

 

Q. OKAY. NOW, WHEN WE LEFT YESTERDAY WE WERE TALKING

 

 

ABOUT FUNDING FOR SONG'S WORK, AND JUST SO I'M

 

 

CLEAR. WHEN I ASKED YOU QUESTIONS EARLIER ABOUT

 

 

WHETHER YOU WERE BEING -- WHETHER YOU'D BEEN

 

 

RETAINED, AND WHETHER YOU WERE BEING PAID FOR

 

 

TESTIFYING AND WORK AND SO FORTH, AND YOU SAID,

 

 

NO, TO ALL THOSE QUESTIONS. I TAKE IT THEN THAT

 

 

YOU DON'T CONSIDER THE FORTY THOUSAND DOLLAR

DR. RECKHOW VOLUME I PAGE 175

 

 

($40,000.00) GIFT ANY CONSIDERATION FOR THE WORK

 

 

THAT YOU'RE DOING?

 

 

A. I DON'T -- EXCUSE ME. I'M NOT BEING PAID OUT OF

 

 

-- ANY SALARY MONEY FROM THAT GIFT.

 

 

Q. YOU PERSONALLY?

 

 

A. I PERSONALLY.

 

 

Q. ARE YOU GOING TO BE USING ANY OF THE THINGS THAT

 

 

THE OTHER TWENTY-FOUR THOUSAND DOLLARS

 

 

($24,000.00) WILL PURCHASE IN YOUR WORK?

 

 

A. I PROBABLY WILL. IN FACT I WILL. WE PURCHASED

 

 

TWO COMPUTERS, AND WHILE I HAVE NOT BEEN A MAJOR

 

 

USER OF THE COMPUTERS, I HAVE USED ONE OF THE

 

 

COMPUTERS.

 

 

Q. NOW, IS IT YOUR UNDERSTANDING THAT THE ISSUE THAT

 

 

SONG IS GOING TO BE CONSIDERING IS A CRUCIAL ISSUE

 

 

IN THIS LITIGATION REGARDING THE EVERGLADES?

 

 

A. I GATHER THAT'S THE CASE.

 

 

Q. AND DO YOU UNDERSTAND THAT IS A CONTESTED ISSUE?

 

 

A. I NOW UNDERSTAND THAT IT IS.

 

 

Q. AND THAT THE SUGAR INDUSTRY, IN GENERAL, THE CO-OP

 

 

IN PARTICULAR, TAKES ONE VIEW OF THAT SUBJECT, AND

 

 

THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL

 

 

REGULATIONS, SOUTH FLORIDA WATER MANAGEMENT

 

 

DISTRICT TAKES ANOTHER VIEW OF THAT ISSUE?

DR. RECKHOW VOLUME I PAGE 176

 

 

A. THAT'S MY UNDERSTANDING.

 

 

Q. WHEN DID THE DISCUSSION FIRST OCCUR CONCERNING

 

 

THESE GIFTS TO YOUR KNOWLEDGE?

 

 

A. PROBABLY IT WAS ABOUT A YEAR AGO.

 

 

Q. WHO BROUGHT IT UP?

 

 

A. EITHER SONG OR CURT RICHARDSON.

 

 

Q. HOW WAS IT BROUGHT UP?

 

 

A. THAT SONG'S Ph.D. DISSERTATION WORK COULD BE

 

 

SUPPORTED THROUGH THE WETLAND CENTER.

 

 

Q. OKAY. AND ARE OTHER Ph.D. CANDIDATES -- OR DO

 

 

OTHER Ph.D. CANDIDATES HAVE THEIR WORK SUPPORTED

 

 

THROUGH THE WETLAND CENTER?

 

 

A. I'M FAIRLY CERTAIN THAT'S THE CASE.

 

 

Q. OKAY. TELL ME THE NAMES OF THE PEOPLE WHO ARE

 

 

BEING SUPPORTED, THE GRADUATE STUDENTS, THROUGH

 

 

THE WETLAND CENTER.

 

 

A. I CAN ONLY GUESS. I'M NOT -- THE ACTIVITY THAT I

 

 

HAVE THROUGH THE WETLAND CENTER IS THROUGH SONG.

 

 

KIMBERLY PIESLAK IS A STUDENT, I THINK, IN THE

 

 

WETLAND CENTER.

 

 

Q. AND IS SHE A Ph.D. CANDIDATE?

 

 

A. I BELIEVE SO.

 

 

Q. AND HOW IS SHE SUPPORTED THROUGH THE WETLAND

 

 

CENTER?

†䄠䑎䠠坏䤠⁓䡓⁅啓偐剏䕔⁄䡔佒䝕⁈䡔⁅䕗䱔乁ൄഊ ††††††††††††䕃呎剅ി

DR. RECKHOW VOLUME I PAGE 177

 

 

A. I HAVE NO IDEA.

 

 

Q. WELL, LET'S TALK A LITTLE BIT ABOUT HOW GRADUATE

 

 

STUDENTS ARE SUPPORTED GENERALLY.

 

 

A. UH-HUH (YES).

 

 

Q. WHEN A GRADUATE STUDENT COMES TO DUKE, A Ph.D.

 

 

CANDIDATE, IN THE SCHOOL OF THE ENVIRONMENT, DO

 

 

THEY TYPICALLY GET FELLOWSHIPS OF SOME SORT, GET

 

 

MONEY OF SOME SORT?

 

 

A. THAT'S CORRECT.

 

 

Q. HOW DO THEY USUALLY GET THAT MONEY?

 

 

A. THE POLICY THAT THE SCHOOL HAS IS TO SUPPORT -- TO

 

 

TRY TO SUPPORT INCOMING Ph.D. STUDENTS FOR THE

 

 

FIRST THREE YEARS, WITH THE HOPE THAT A FACULTY

 

 

MEMBER PICKS THE STUDENT UP ON A RESEARCH PROJECT,

 

 

AND BEGINS TO PROVIDE FUNDING AS THE STUDENT MOVES

 

 

OVER FROM COURSE WORK TO RESEARCH.

 

 

Q. OKAY. AND SO WHAT FORM DOES THIS -- THESE FIRST

 

 

THREE YEARS, WHAT FORM DOES THE SUPPORT TAKE?

 

 

A. IT OFTEN TAKES THE FORM OF TUITION PLUS FUNDS FOR

 

 

LIVING EXPENSES.

 

 

Q. IS -- IT'S JUST A CHECK THEY GET EVERY MONTH OR

 

 

SO?

 

 

A. I THINK THAT'S THE CASE.

 

 

Q. AND IS SET UP LIKE A SCHOLARSHIP, OR A LOAN, OR---

DR. RECKHOW VOLUME I PAGE 178

 

 

A. IT'S -- IT'S -- IT WOULD BE A SCHOLARSHIP, OR A

 

 

FELLOWSHIP, OR A -- AND POSSIBLY INVOLVE A

 

 

TEACHING ASSISTANTSHIP.

 

 

Q. DOES THIS MONEY GENERALLY COME OUT OF WHAT I'LL

 

 

CALL GENERAL FUNDS OF WHATEVER SCHOOL IS

 

 

SUPPORTING A GRADUATE STUDENT?

 

 

A. YES.

 

 

Q. AS OPPOSED TO SOME SPECIFIC FOUNDATION OR DONOR

 

 

PAYING MONEY DIRECTLY TO THE STUDENT?

 

 

A. I HAVE TO SAY I'M NOT THAT FAMILIAR WITH THE

 

 

DETAILS. SOME OF THE MONEY COULD COME FROM A

 

 

FOUNDATION TO THE SCHOOL, AND THEN BE GIVEN OVER

 

 

AS FINANCIAL AID TO A Ph.D. STUDENT.

 

 

Q. ARE YOU AWARE OF ANY SITUATIONS WHERE THE MONEY IS

 

 

EARMARKED FOR A PARTICULAR STUDENT FROM A

 

 

FOUNDATION OR OTHER DONOR?

 

 

A. YEAH. SOME STUDENTS APPLY FOR THEIR OWN MONEY,

 

 

AND -- AND THEREFORE, THAT MONEY IS DIRECTED TO

 

 

THEM.

 

 

Q. NOW, WHAT -- WHERE IS SONG IN THIS PROCESS?

 

 

A. SONG CAME TO DUKE, AS I MENTIONED YESTERDAY, TO

 

 

WORK WITH ME UNDER AN UNDERSTANDING THAT HE HAD

 

 

HIS OWN FINANCIAL RESOURCES TO SUPPORT HIS ENTIRE

 

 

GRADUATE EDUCATION. AND AFTER ARRIVING AND

DR. RECKHOW VOLUME I PAGE 179

 

 

FUNDING HIS WORK FOR A YEAR, HIS -- AS FAR AS I

 

 

KNOW, HIS PERSONAL SUPPORT DISAPPEARED. WE PICKED

 

 

HIM UP WITH THE MONEY FROM THE SCHOOL OF THE

 

 

ENVIRONMENT, AS THE NATURE I JUST DESCRIBED, TO

 

 

COVER A SECOND YEAR. AS HE BEGAN TO MOVE FROM

 

 

COURSE WORK TO RESEARCH, HE NEEDED TO GAIN SUPPORT

 

 

ON RESEARCH PROJECTS. AND THAT'S WHEN THE SUPPORT

 

 

FROM THE WETLAND CENTER BEGAN.

 

 

Q. HE'S IN WHAT YEAR, NOW?

 

 

A. HE'S IN -- HE'S IN THE THIRD YEAR.

 

 

Q. HE'S COMPLETING HIS COURSE WORK STILL?

 

 

A. THAT'S CORRECT.

 

 

Q. SO, THAT NEXT YEAR WILL BE HIS FIRST YEAR -- THE

 

 

NEXT ACADEMIC YEAR WILL BE HIS FIRST YEAR IN

 

 

THE -- RESEARCH?

 

 

A. PRIMARILY INVOLVED WITH RESEARCH, THAT'S CORRECT.

 

 

UH-HUH (YES).

 

 

Q. AND THUS FAR, HAS HIS MONEY ALL COME FROM THIS

 

 

GIFT THAT WE DISCUSSED?

 

 

A. NO, AS -- WELL, AS I MENTIONED, THE FIRST YEAR HE

 

 

PROVIDED HIS OWN SUPPORT.

 

 

Q. I MEANT SINCE DUKE'S BEEN GIVING HIM MONEY.

 

 

A. THE SECOND YEAR, AS I RECALL, HE WAS SUPPORTED

 

 

THROUGH THE FINANCIAL AID FROM THE SCHOOL, AS I

DR. RECKHOW VOLUME I PAGE 180

 

 

MENTIONED.

 

 

Q. THAT'S GENERIC AID.

 

 

A. YES. HE ALSO HAS HAD TEACHING ASSISTANCE THROUGH

 

 

THE SCHOOL.

 

 

Q. AND THEN IN HIS THIRD YEAR, WHERE WE ARE NOW---

 

 

A. THIS -- THIS ACADEMIC YEAR HE HAS SUPPORTED

 

 

HIMSELF WITH TEACHING ASSISTANCE AND THE FUNDS

 

 

FROM THE WETLAND CENTER.

 

 

Q. OKAY. NOW, LET'S GO BACK TO WHEN HE FIRST -- THIS

 

 

ISSUE CAME UP OF THE GIFT. AND YOU DON'T REMEMBER

 

 

WHETHER IT WAS SONG OR RICHARDSON THAT FIRST

 

 

THOUGHT OF THIS?

 

 

A. I'M SURE IT MUST -- IT WAS -- THE OPPORTUNITY

 

 

WOULD HAVE BEEN INITIATED BY RICHARDSON, BECAUSE

 

 

SONG -- SONG IS NOT IN A POSITION TO GO OUT AND

 

 

MAKE THOSE CONTACTS.

 

 

Q. AND WHEN DID YOU FIRST HEAR ABOUT THIS?

 

 

A. I DON'T RECALL, IT WAS ROUGHLY A YEAR AGO.

 

 

Q. AND IN WHAT STATE -- IN WHAT STAGE WAS THE PROCESS

 

 

WHEN YOU FIRST HEARD ABOUT IT?

 

 

A. BY PROCESS DO YOU MEAN---

 

 

Q. OF GETTING -- OF FINDING THE GIFT AND TURNING IT

 

 

INTO MONEY FOR SONG.

 

 

A. I DON'T REMEMBER.

DR. RECKHOW VOLUME I PAGE 181

 

 

Q. WELL, TELL ME EVERYTHING YOU REMEMBER ABOUT HOW IT

 

 

WAS CREATED; HOW IT CAME ABOUT.

 

 

A. SONG WAS INTERESTED IN WETLANDS, AND AS I RECALL,

 

 

HAD TALKED TO CURT RICHARDSON IN THE WETLAND

 

 

CENTER ABOUT PROJECTS, AND MY VAGUE RECOLLECTION

 

 

IS THAT THAT LED TO THIS OPPORTUNITY.

 

 

Q. HAD HE COME UP WITH THE TOPIC AT THAT POINT?

 

 

A. I THINK THAT HE HAD GENERALLY COME UP WITH THE

 

 

TOPIC OF LOOKING AT WETLANDS TRAPPING OF NUTRIENTS

 

 

AT THAT TIME.

 

 

Q. WHERE WOULD THE PAPERWORK CONCERNING ALL THIS

 

 

RESIDE?

 

 

A. WHAT PAPERWORK?

 

 

Q. CONCERNING THE GIFT AND THE NEGOTIATIONS THAT WENT

 

 

ON AND SO FORTH.

 

 

A. I ASSUME IT'S AT THE WETLAND CENTER.

 

 

Q. WOULD IT BE IN DR. RICHARDSON'S FILES, FOR

 

 

INSTANCE?

 

 

A. PROBABLY.

 

 

Q. NOW, YOU MENTIONED YESTERDAY, WHEN WE WERE TALKING

 

 

ABOUT SOME EXHIBITS, THAT YOU WERE SENDING

 

 

BIWEEKLY REPORTS INTO POLLMAN AND GREEN.

 

 

A. (NODS AFFIRMATIVELY.)

 

 

Q. AND YOU MENTIONED THAT THAT IS WHAT THEY ASKED

DR. RECKHOW VOLUME I PAGE 182

 

 

FOR.

 

 

A. YES.

 

 

Q. NOW, WHO IS THEY?

 

 

A. POLLMAN AND GREEN.

 

 

Q. NOW, HOW DID THEY GET INVOLVED IN THIS -- IN THE

 

 

LOOP OF THIS PARTICULAR GRANT OR GIFT?

 

 

A. MY UNDERSTANDING IS THAT THEY ARE REPRESENTING THE

 

 

INDIVIDUALS WHO PROVIDED THE GIFT TO THE WETLAND

 

 

CENTER.

 

 

Q. IN THE LITIGATION?

 

 

A. UH-HUH (YES). YES.

 

 

Q. OKAY. WHEN DID IT FIRST COME TO YOUR ATTENTION

 

 

THAT THIS GIFT HAD SOMETHING TO DO WITH

 

 

LITIGATION?

 

 

A. I -- I -- I CAN'T SAY. I GUESS IT WAS MY

 

 

ASSUMPTION RIGHT FROM THE START THAT, IF THERE WAS

 

 

SUPPORT OF THIS NATURE CONCERNING WETLANDS

 

 

TRAPPING OF NUTRIENTS, THAT IT LIKELY HAD SOME

 

 

TIE-IN WITH LEGAL BATTLES.

 

 

Q. HOW WERE YOU ADVISED TO SEND BIWEEKLY REPORTS?

 

 

A. WHAT DO YOU MEAN HOW AM I ADVISED?

 

 

Q. WELL, WAS THERE A DOCUMENT, AN AGREEMENT, OR---

 

 

A. NO, I WAS JUST ASKED.

 

 

Q. BY WHOM?

DR. RECKHOW VOLUME I PAGE 183

 

 

A. I THINK IT WAS BY CURT POLLMAN.

 

 

Q. AND DID THAT SEEM UNUSUAL TO YOU?

 

 

A. ONLY TO THE EXTENT THAT SONG WAS SO EARLY IN THE

 

 

WORK THAT I DIDN'T FEEL THERE WAS MUCH TO REPORT

 

 

ON AN EVERY-OTHER-WEEK BASIS.

 

 

Q. NOW, DO YOU HAVE ANY OTHER GRADUATE STUDENTS WHO

 

 

ARE BEING FUNDED BY GRANTS FROM PARTIES WHO ARE IN

 

 

LITIGATION?

 

 

A. NO.

 

 

Q. DO YOU HAVE ANY OTHER GRADUATE STUDENTS TO WHOM

 

 

YOU REPORT -- WHOSE PROGRESS YOU REPORT TO

 

 

LAWYERS, OR TO OTHER CONSULTANTS WHO ARE INVOLVED

 

 

IN LITIGATION?

 

 

A. NO.

 

 

Q. WHEN DID YOU START SENDING IN BIWEEKLY REPORTS?

 

 

A. AS I RECALL, IT WAS LAST FALL.

 

 

Q. ALL RIGHT. AND DID YOU DO IT BIWEEKLY?

 

 

A. NO.

 

 

Q. HOW MANY DID YOU SEND IN?

 

 

A. I THINK ABOUT THREE.

 

 

Q. SO, THE ONES WE HAVE HERE ARE THE ONLY ONES THAT

 

 

YOU'VE EVER SENT IN?

 

 

A. AS FAR AS I KNOW, THEY ARE.

 

 

Q. NOW, WHY DID YOU NOT SEND THEM IN BIWEEKLY?

DR. RECKHOW VOLUME I PAGE 184

 

 

A. I HAD AGREED TO DO THIS VOLUNTARILY, AND I AGREED

 

 

IN GOOD FAITH, TO DO IT. I DIDN'T KEEP IT ON MY

 

 

AGENDA TO DO, AND AS THERE'S NOT PROGRESS ON AN

 

 

EVERY OTHER WEEK BASIS, I JUST DIDN'T DO IT.

 

 

Q. WELL, I'M CONFUSED. YOU SAY YOU AGREED TO DO THIS

 

 

VOLUNTARILY. I THOUGHT YOU BEFORE TOLD ME THAT

 

 

YOU'D AGREED TO DO THIS BECAUSE IT WAS A

 

 

REQUIREMENT OF THE GIFT---

 

 

A. I NEVER SAID THAT.

 

 

Q. ---THEY ASKED FOR IT.

 

 

A. I NEVER SAID THAT.

 

 

Q. I THOUGHT YOU TOLD ME THAT THE COOPERATIVE ASKED

 

 

FOR THESE REPORTS.

 

 

A. THEY ASKED. THAT'S RIGHT, THEY ASKED.

 

 

Q. AND YOU DIDN'T CONSIDER IT WAS A REQUIREMENT OF

 

 

THE GIFT?

 

 

A. NO.

 

 

Q. WHAT OTHER REQUIREMENTS OF THE GIFT ARE THERE?

 

 

A. I DIDN'T SAY IT WAS A REQUIREMENT. YOU SAID WHAT

 

 

OTHER REQUIREMENTS. I DIDN'T SAY IT WAS A

 

 

REQUIREMENT. I DON'T SEE ANY REQUIREMENTS OF THE

 

 

GIFT.

 

 

Q. WAS THIS GIFT -- WAS THERE ANY DOCUMENTATION

 

 

CONCERNING THIS GIFT THAT YOU'VE SEEN?

DR. RECKHOW VOLUME I PAGE 185

 

 

A. I'M SORRY, SAY THAT AGAIN.

 

 

Q. WAS THERE ANY DOCUMENTATION ABOUT THIS GIFT THAT

 

 

YOU'VE EVER SEEN?

 

 

A. YEAH, I'VE SEEN LETTERS -- SHORT LETTERS ON THE

 

 

NATURE OF A GIFT TO THE WETLAND CENTER.

 

 

Q. OKAY. AND WHERE ARE THOSE LETTERS?

 

 

A. I BELIEVE THEY'RE -- AS YOU ASKED BEFORE, AT THE

 

 

WETLAND CENTER.

 

 

Q. WHEN WAS IT DECIDED THAT YOU WOULD TESTIFY IN THE

 

 

LITIGATION CONCERNING THE WORK BEING DONE BY SONG

 

 

PURSUANT TO THE GIFT?

 

 

A. I CAN'T REMEMBER. I THINK IT CAME UP SOME TIME

 

 

AFTER LAST SUMMER.

 

 

Q. HOW DID IT COME ABOUT THAT YOU WOULD TESTIFY BASED

 

 

UPON HIS WORK?

 

 

A. WELL -- GEE, I DON'T REMEMBER. I THINK IT WAS MY

 

 

EXPECTATION THAT I WOULD ASSUME -- AS SONG IS A

 

 

NATIVE OF THE PEOPLE'S REPUBLIC OF CHINA, AND IS

 

 

NOT FAMILIAR WITH ACTIVITIES LIKE THIS, IT SEEMED

 

 

INAPPROPRIATE THAT HE WOULD BE ASKED TO TESTIFY ON

 

 

HIS WORK. SO, I WOULD, AS HIS ADVISER, ASSUME

 

 

THAT ROLE.

 

 

Q. DO YOU KNOW IF ANY OF THE OTHER FACULTY MEMBERS

 

 

CONNECTED WITH THE WETLAND CENTER, WHO ARE

DR. RECKHOW VOLUME I PAGE 186

 

 

TESTIFYING IN THIS CASE, ARE BEING PAID FOR THE

 

 

WORK THEY'RE DOING RELATED TO THE LITIGATION?

 

 

A. NO.

 

 

Q. DO YOU CONSIDER THAT THIS GIFT IS ACTUALLY A

 

 

PAYMENT FOR CONSULTING IN THE LITIGATION?

 

 

A. NO.

 

 

Q. DO YOU BELIEVE THAT THIS GIFT IS AN UNRESTRICTED

 

 

ELEEMOSYNARY GIFT BY SOMEBODY WHO IS CONCERNED

 

 

ABOUT THE BASIC SCIENTIFIC RESEARCH?

 

 

A. CAN YOU EXPLAIN THE---

 

 

Q. CHARITABLE.

 

 

A. A CHARITABLE GIFT, BUT---

 

 

Q. BY SOMEBODY WHO CARES ABOUT RESEARCH.

 

 

A. I BELIEVE THAT THE GIFT IS COMING FROM SOMEONE WHO

 

 

HAS A PERSPECTIVE ON THIS CASE. ON THE OTHER

 

 

HAND, I LOOK AT IT THAT IT IS A GIFT IN SUPPORT OF

 

 

RESEARCH, AND THAT'S WHAT I'M TREATING IT AS.

 

 

Q. DO YOU KNOW OF ANY OTHER GIFTS THAT SUPPORT

 

 

RESEARCH ON DISPUTED ISSUES IN LITIGATION?

 

 

A. NO.

 

 

Q. NOW, YOU TOLD ME THAT YOU'D DONE A NUMBER OF OTHER

 

 

CONSULTING JOBS. HAVE YOU EVER TESTIFIED BEFORE?

 

 

A. NO.

 

 

Q. DO YOU HAVE ANY WHERE YOU EXPECT THAT YOU WILL

DR. RECKHOW VOLUME I PAGE 187

 

 

TESTIFY AT SOME POINT?

 

 

A. NO.

 

 

Q. IN ALL OF THE OTHER CONSULTING JOBS THAT YOU HAVE,

 

 

EITHER THROUGH THE WETLAND CENTER OR PRIVATELY,

 

 

HAVE ANY OF THOSE BEEN STRUCTURED IN SUCH A WAY

 

 

THAT A GIFT WAS GIVEN TO THE WETLAND CENTER FOR

 

 

THE WORK THAT YOU WERE BEING ASKED TO DO AS A

 

 

CONSULTANT?

 

 

A. I HAVE NO CONSULTING THROUGH THE WETLAND CENTER.

 

 

Q. STRIKE THAT FROM THE QUESTION AND ANSWER IT, THEN,

 

 

PLEASE.

 

 

A. COULD REPHRASE -- STATE THE QUESTION, PLEASE?

 

 

Q. YEAH. OF ALL OF THE CONSULTING THAT YOU HAVE

 

 

DONE, HAVE YOU EVER HAD A SITUATION WHERE SOMEONE,

 

 

INSTEAD OF PAYING YOU FOR CONSULTING MADE A GIFT

 

 

TO THE UNIVERSITY; TO THE WETLAND CENTER?

 

 

A. NO.

 

 

Q. IF I WANTED TO SEE ALL OF THE RECORDS CONCERNING

 

 

THE GIFTS, GRANTS, SUPPORT OF THE WETLAND CENTER,

 

 

WHAT PERSON WOULD I TALK TO?

 

 

A. CURT RICHARDSON.

 

 

Q. SO, HE PERSONALLY KEEPS ALL THE RECORDS?

 

 

A. I DON'T KNOW, BUT HE'S THE FIRST PERSON I WOULD GO

 

 

TO.

††††††††††††佔മഌ਍

DR. RECKHOW VOLUME I PAGE 188

 

 

Q. WELL, HAVE YOU APPLIED FOR GRANTS THROUGH THE

 

 

WETLAND CENTER BEFORE?

 

 

A. NO.

 

 

Q. SO, YOU HAVE NO KNOWLEDGE OF HOW THE BOOKS ARE

 

 

KEPT, SO TO SPEAK, ON THE WETLAND CENTER?

 

 

A. THAT'S CORRECT.

 

 

(THEREUPON, THERE WAS AN

 

 

OFF-THE-RECORD DISCUSSION

 

 

WHICH WAS NOT REPORTED

 

 

BY THE COURT REPORTER.)

 

 

Q. (BY MR. REID) IF I WANTED TO FIND WITHIN THE

 

 

EXHIBITS WE MARKED YESTERDAY, THE MOST CURRENT

 

 

CLEAREST STATEMENT OF EXACTLY THE PROJECT THAT

 

 

SONG IS GOING TO BE DOING, COULD YOU SHOW ME WHICH

 

 

DOCUMENT WOULD CONTAIN THAT?

 

 

A. NONE OF THEM DESCRIBE WHAT WE ANTICIPATE AT THIS

 

 

POINT HE'S GOING TO DO IN ENTIRETY. IT'S IN

 

 

PIECES, BUT THIS EXHIBIT TWENTY-THREE IS A

 

 

REASONABLE DESCRIPTION.

 

 

Q. OKAY. HOLD THAT FOR A SECOND, PLEASE. BY THE

 

 

WAY, REMIND ME -- AND I'M SURE YOU'VE TOLD ME THIS

 

 

BEFORE; I JUST NEED TO HAVE A POINT OF REFERENCE

 

 

-- WHEN DID -- WHEN WERE YOU FIRST TOLD, OR WHEN

 

 

WAS IT FIRST DISCUSSED THAT YOU WOULD ACTUALLY BE

DR. RECKHOW VOLUME I PAGE 189

 

 

A WITNESS WHO WOULD TESTIFY IN THIS LITIGATION ON

 

 

BEHALF OF THE COOPERATIVE?

 

 

A. AS I MENTIONED A FEW MINUTES AGO, I RECALL IT WAS

 

 

SOME TIME LAST YEAR.

 

 

Q. DID ANYONE TELL YOU THAT THERE WAS A REQUIREMENT

 

 

THAT YOU COMPLETE YOUR WORK AND COME UP WITH YOUR

 

 

CONCLUSIONS BY A CERTAIN DATE?

 

 

A. BILL GREEN WAS -- LISTED DATES THAT HE WOULD LIKE

 

 

TO HAVE INFORMATION ON, AND I UNDERSTOOD THAT, AND

 

 

AT THE SAME TIME, I TOLD HIM THAT THIS WAS A Ph.D.

 

 

DISSERTATION THAT HAD A SCHEDULE, AND IT MIGHT NOT

 

 

MEET THOSE DATES.

 

 

Q. NOW, YOU'VE CHANGED WHAT I ASKED, AND I WANT TO

 

 

MAKE SURE THAT THAT DIDN'T MAKE A DIFFERENCE. I

 

 

ASKED YOU REGARDING WHEN YOU WOULD BE REQUIRED TO

 

 

HAVE OPINIONS, AND YOU CHANGED IT TO GIVE HIM SOME

 

 

INFORMATION. DID YOU MEAN THAT CHANGE TO REFLECT

 

 

SOMETHING DIFFERENT FROM WHAT I SAID?

 

 

A. WELL, ONE THING YOU SAID IS, I WAS NEVER REQUIRED

 

 

TO HAVE OPINIONS. I HAVE NO REQUIREMENTS. I WAS

 

 

ASKED -- I WAS -- AS I RECALL, DATES WERE

 

 

SPECIFIED, AND I WAS ASKED TO HAVE INFORMATION, IF

 

 

POSSIBLE; AND I SAID, IF POSSIBLE, WE WILL, BUT

 

 

THIS IS A Ph.D. DISSERTATION, AND IT MAY TAKE

DR. RECKHOW VOLUME I PAGE 190

 

 

CONSIDERABLY LONGER.

 

 

Q. WHAT INFORMATION WERE YOU ASKED TO HAVE?

 

 

A. RESULTS FROM OUR WORK.

 

 

Q. AND IN WHAT FORM DID YOU ENVISION THIS INFORMATION

 

 

WOULD BE?

 

 

A. I HADN'T -- I HADN'T ENVISIONED IT TO BE OF ANY

 

 

PRECISE FORM OTHER THAN THE FACT THAT OUR WORK

 

 

MIGHT PROVIDE SCIENTIFIC SUPPORT FOR THE NATURE OF

 

 

WETLANDS TRAPPING.

 

 

Q. DID YOU HAVE IN YOUR MIND A WORKING HYPOTHESIS?

 

 

A. NO. OTHER THAN THE FACT THAT WETLANDS ARE -- WILL

 

 

TRAP PHOSPHORUS.

 

 

Q. AND WHAT THEN WERE YOU TRYING TO CONCLUDE? WHAT

 

 

DID YOU HOPE TO CONCLUDE?

 

 

A. I HOPED TO SEE A DISSERTATION COME FROM THIS FROM

 

 

SONG.

 

 

Q. OKAY. YOU UNDERSTOOD THAT YOU WERE GOING TO BE

 

 

PRESENTED AS AN EXPERT WITNESS BY THE COOPERATIVE

 

 

IN LITIGATION?

 

 

A. YES.

 

 

Q. AND YOU UNDERSTOOD THAT THERE WAS AN ISSUE

 

 

CONCERNING WHETHER OR NOT STA'S WOULD WORK?

 

 

A. I UNDERSTOOD THAT THERE WAS AN ISSUE CONCERNING

 

 

THE DESIGN OF WETLANDS AS NUTRIENT TRAPS.

DR. RECKHOW VOLUME I PAGE 191

 

 

Q. OKAY. HAVE YOU READ THE SWIM PLAN, BY THE WAY?

 

 

A. I -- I'M SURE I'VE LOOKED AT PARTS OF IT.

 

 

Q. SO, YOU'RE GENERALLY FAMILIAR WITH THE PROGRAM

 

 

THAT IS PROPOSED IN THE SWIM PLAN?

 

 

A. JUST VAGUELY, CAUSE IT'S BEEN QUITE SOME TIME.

 

 

Q. DID YOU UNDERSTAND THERE WAS A DISPUTE OVER

 

 

WHETHER DATA CONCERNING THE ENTRAPMENT OF

 

 

NUTRIENTS IN WCA-2A COULD BE TRANSFERRED TO STA'S

 

 

WHICH WOULD BE BUILT ON FARMLAND?

 

 

A. I DIDN'T UNDER -- DIDN'T -- I WAS NOT AWARE OF

 

 

THAT DISPUTE.

 

 

Q. WOULD YOU ENVISION THAT ANY WORK THAT YOU DO -- OR

 

 

THAT SONG WOULD DO, WOULD SHED ANY LIGHT ON THAT

 

 

QUESTION?

 

 

A. ON WHETHER OR NOT THE DATA WERE TRANSFERRABLE?

 

 

Q. RIGHT.

 

 

A. IT'S POSSIBLE. I DON'T KNOW.

 

 

Q. WERE YOU ATTEMPTING TO DISCOVER THE RATE AT WHICH

 

 

WETLANDS WOULD TRAP PHOSPHORUS?

 

 

A. YES. I HOPE THAT THE MODELING WORK THAT SONG AND

 

 

I DO, AS I MENTIONED TO YOU YESTERDAY, PROVIDES AN

 

 

INDICATION OF THAT.

 

 

Q. HAVE YOU LOOKED AT ANY INFORMATION CONCERNING THAT

 

 

TOPIC PREVIOUSLY?

DR. RECKHOW VOLUME I PAGE 192

 

 

A. I'VE -- NOT RECENTLY, BUT I HAVE LOOKED AT

 

 

SECTIONS OF SOME OF THE EXHIBITS WHICH DO DISCUSS

 

 

THAT TOPIC.

 

 

Q. DO YOU -- ARE YOU AWARE OF WHAT THE SWIM PLAN --

 

 

WHAT POSITION THE SWIM PLAN TAKES WITH REGARD TO

 

 

THAT TOPIC---

 

 

A. NOT---

 

 

Q. ---THE RATE OF ENTRAPMENT?

 

 

A. NO.

 

 

Q. ARE YOU AWARE OF THE POSITION TAKEN BY THE DUKE

 

 

WETLAND CENTER PEOPLE ON THAT TOPIC?

 

 

A. I KNOW ONLY THAT THERE'S A DISPUTE.

 

 

Q. BUT YOU DON'T KNOW WHAT EACH SIDE'S VIEW IS?

 

 

A. I KNOW THAT IT DIFFERS.

 

 

Q. DO YOU KNOW THAT THE RATE OF PHOSPHORUS UPTAKE

 

 

BEARS ON THE SIZE -- THE NECESSARY SIZE OF THE

 

 

WETLANDS THAT ARE BEING DESIGNED?

 

 

A. BY RATE, WHAT DO YOU MEAN? WHAT UNIT?

 

 

Q. THE RATE OF UPTAKE.

 

 

A. THE TOTAL AMOUNT OF TRAPPING OF---

 

 

Q. SURE.

 

 

A. YES.

 

 

Q. OKAY. HAVE YOU READ THE DUKE WETLAND CENTER

 

 

ANNUAL REPORTS?

DR. RECKHOW VOLUME I PAGE 193

 

 

A. NO.

 

 

Q. HAVE YOU TALKED TO ANYBODY THAT CONTRIBUTED TO

 

 

THOSE ABOUT WHAT'S IN THEM?

 

 

A. I HAVEN'T, SPECIFICALLY, ASKED ABOUT WHAT'S IN

 

 

THEM.

 

 

Q. IS THERE ANY REASON YOU HAVEN'T READ THEM?

 

 

A. I HAVE NO REASON TO AT THIS POINT.

 

 

Q. HAVE YOU AND SONG EVER TALKED ABOUT WHAT'S IN

 

 

THEM?

 

 

A. I -- NOT DIRECTLY.

 

 

Q. DO YOU KNOW WHETHER OR NOT THEY CONTAIN

 

 

INFORMATION RELATING DIRECTLY TO THE WORK THAT

 

 

SONG'S GOING TO BE DOING?

 

 

A. I SUSPECT THAT THEY DO, BUT I -- UNTIL I LOOK AT

 

 

THEM, I CAN'T BE SURE.

 

 

Q. BUT AT THIS POINT, EVEN THOUGH YOU'VE BEEN

 

 

ADVISING AND CONSULTING WITH SONG FOR A YEAR OR

 

 

TWO, AND YOU KNOW WHAT HIS PROPOSED DISSERTATION

 

 

TOPIC IS, NEITHER OF YOU HAVE LOOKED AT OR TALKED

 

 

ABOUT THE MATERIAL CREATED BY THIS VERY SAME

 

 

WETLAND CENTER THAT'S SUPPORTING HIM?

 

 

A. AS I MENTIONED TO YOU BEFORE, MOST OF SONG'S

 

 

ACTIVITIES, UP TO THIS POINT, HAVE INVOLVED COURSE

 

 

WORK. WE'RE IN THE EARLY STAGES OF DEVELOPING HIS

DR. RECKHOW VOLUME I PAGE 194

 

 

PROPOSAL.

 

 

Q. I GUESS THAT MEANS, NO.

 

 

A. IF YOU REPEAT THE QUESTION I'LL TRY TO GIVE IT

 

 

THAT YES OR NO.

 

 

Q. THE QUESTION WAS, EVEN THOUGH THERE'S INFORMATION

 

 

IN THE DUKE WETLAND CENTER MATERIAL, THE SAME

 

 

WETLAND CENTER THAT'S SUPPORTING SONG, WHICH

 

 

RELATES DIRECTLY TO THE TASK THAT YOU AND SONG ARE

 

 

UNDERTAKING, NEITHER OF YOU HAVE LOOKED AT IT.

 

 

AND YOU HAVEN'T TALKED ABOUT WHAT'S IN THAT

 

 

MATERIAL.

 

 

A. I CAN'T SPEAK FOR SONG.

 

 

Q. OKAY. SO, YOU DON'T KNOW WHETHER SONG'S LOOKED AT

 

 

IT?

 

 

A. I DON'T KNOW.

 

 

Q. HAS HE TALKED TO YOU ABOUT IT?

 

 

A. HE HASN'T COME UP TO ME AND SAID, THIS INFORMATION

 

 

WE ARE TALKING ABOUT IS IN THE DUKE WETLAND CENTER

 

 

ANNUAL REPORT.

 

 

Q. OKAY. I UNDERSTAND THAT. BUT A LOT OF TIMES, YOU

 

 

MIGHT GET THE IMPRESSION SONG READ SOMETHING BY

 

 

COMMENTS THEY MAKE---

 

 

A. THEN THE---

 

 

Q. ---THAT AREN'T QUITE AS DIRECT.

DR. RECKHOW VOLUME I PAGE 195

 

 

A. YEAH. THEN THE ANSWER IS NO, I'M NOT AWARE THAT

 

 

HE---

 

 

Q. AND YOU HAVEN'T READ IT?

 

 

A. THAT'S CORRECT.

 

 

Q. AND YOU HAVEN'T TALKED TO SONG ABOUT IT?

 

 

A. THAT'S CORRECT.

 

 

Q. OKAY. NOW, IN -- OH, GOING BACK TO THE OTHER

 

 

QUESTION, THEN, THAT I STARTED THIS LINE WITH.

 

 

YOU WERE TOLD, YOU SAID, BY BILL GREEN THAT YOU

 

 

HAD TO HAVE SOME INFORMATION BY A CERTAIN DATE.

 

 

A. HE DIDN'T SAY I HAD TO HAVE SOME INFORMATION, HE

 

 

ASKED IF -- HE -- HE WOULD LIKE -- HE WISHED THAT

 

 

I WOULD. THERE WAS NEVER ANY REQUIREMENT.

 

 

Q. DID HE EVER TELL YOU THERE WAS A COURT ORDER THAT

 

 

REQUIRED YOU TO HAVE OPINIONS BY A CERTAIN DATE?

 

 

MS. STINSON: OBJECT TO FORM.

 

 

MR. McCAUGHAN: YOU CAN ANSWER.

 

 

WITNESS: OKAY.

 

 

A. I DON'T THINK HE STATED ANYTHING QUITE IN THAT

 

 

WAY; I DON'T REMEMBER.

 

 

Q. ARE YOU AWARE THAT THERE'S A COURT ORDER THAT

 

 

REQUIRE YOUR OPINIONS BE FINALIZED BY A CERTAIN

 

 

DATE?

 

 

MS. STINSON: OBJECT TO FORM.

DR. RECKHOW VOLUME I PAGE 196

 

 

A. I NEVER THOUGHT OF IT AS THAT.

 

 

Q. NOW, YOU WERE ALSO HAVING DISCUSSIONS ALONG THE

 

 

WAY WITH THE SUGAR CANE LEAGUE ABOUT TESTIFYING IN

 

 

THIS CASE ON THEIR BEHALF AS WELL, IS THAT

 

 

CORRECT?

 

 

A. I DON'T REMEMBER HAVING DISCUSSIONS WITH THE SUGAR

 

 

CANE LEAGUE, AND TESTIFYING IN THEIR BEHALF IN

 

 

QUITE SOME TIME.

 

 

Q. DID THEY TELL -- EVER TELL YOU THAT YOU ARE LISTED

 

 

IN THE COURT FILINGS AS AN EXPERT WITNESS WHO

 

 

WOULD BE TESTIFYING ON THEIR BEHALF?

 

 

A. I -- THEY MAY HAVE A YEAR AND A HALF, TWO YEARS

 

 

AGO. I DON'T REMEMBER.

 

 

Q. WHEN WAS THIS FILED?

 

 

A. OCTOBER 26.

 

 

Q. DID THEY EVER TELL YOU, IN THE VICINITY OF OCTOBER

 

 

26, 1992, THAT YOU WERE GOING TO BE AN EXPERT

 

 

WITNESS WHO WOULD TESTIFY ON BEHALF OF THE SUGAR

 

 

CANE LEAGUE?

 

 

A. I DON'T KNOW.

 

 

Q. DID ANYONE WHO REPRESENTS THE SUGAR CANE LEAGUE,

 

 

LAWYERS, SOMEONE FROM PEEPLES, EARL & BLANK?

 

 

A. I DON'T REMEMBER THEM.

 

 

Q. DID ANYBODY FROM THE SUGAR CANE LEAGUE EVER TELL

DR. RECKHOW VOLUME I PAGE 197

 

 

YOU THAT YOU WERE REQUIRED TO HAVE OPINIONS,

 

 

PURSUANT TO A COURT ORDER, BY FEBRUARY OF 1993?

 

 

MR. RUSSELL: OBJECT TO FORM.

 

 

A. I DON'T REMEMBER BEING TOLD THAT.

 

 

Q. DID ANYBODY FROM THE SUGAR CANE LEAGUE TELL YOU

 

 

THAT THEY REPRESENTED, IN A FILING WITH THE COURT,

 

 

THAT YOU WOULD HAVE YOUR FINAL OPINIONS BY

 

 

FEBRUARY 28, 1993?

 

 

A. I DON'T REMEMBER THAT.

 

 

Q. NOW YESTERDAY, LOOKING AT EXHIBIT 23, YOU TOLD ME

 

 

THAT THIS WAS THE-- THERE WAS NOTHING OMITTED. WE

 

 

LOOKED AT THE PAGE, TOWARD THE END OF THE PAGE.

 

 

A. UNDER APPLICATION OF THE MODEL?

 

 

Q. RIGHT.

 

 

A. YEAH.

 

 

Q. AND BEYOND, AND I THINK YOU TOLD ME THAT THAT WAS

 

 

A COMPLETE DOCUMENT.

 

 

A. AS FAR AS I KNOW, IT IS.

 

 

Q. ALL RIGHT, LET ME SHOW YOU---

 

 

MR. REID: LET ME MARK AS EXHIBIT 24,

 

 

PLEASE -- OH, I'M SORRY.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS DEPOSITION

 

 

EXHIBIT NO. 25 - KENNETH H. RECKHOW,

DR. RECKHOW VOLUME I PAGE 198

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MR. REID) THE DOCUMENT -- THIS MARKING AT THE

 

 

TOP IS NOT PART OF THE DOCUMENT, IT'S A NOTE THAT

 

 

I MADE ON MY COPY. IT JUST SAYS PRODUCED BY

 

 

GHERINI. I SHOW YOU A DOCUMENT WHICH IS ENTITLED

 

 

"AN EMPIRICAL MODEL OF PHOSPHORUS CONCENTRATION

 

 

FOR WAC-2A OF THE EVERGLADES" BY THE DUKE WETLAND

 

 

CENTER, AUGUST, 1992, AND ASK YOU IF YOU'VE SEEN

 

 

THAT BEFORE.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

A. I PROBABLY HAVE. (NODS AFFIRMATIVELY.)

 

 

Q. WHAT IS THAT DOCUMENT?

 

 

A. IT LOOKS TO ME LIKE SOMETHING THAT SONG WAS

 

 

INVOLVED IN DOING. I DON'T KNOW WHETHER ANYONE

 

 

ELSE WAS INVOLVED AS WELL, BUT THE STATISTICAL

 

 

WORK MUST HAVE BEEN SONG'S.

 

 

Q. HAVE YOU REVIEWED THIS, I ASSUME?

 

 

A. WELL, AS I SAID, I PROBABLY HAVE SEEN IT, BUT ON

 

 

THAT BASIS, I CAN'T RECALL REVIEWING IT.

 

 

Q. WELL, YOU REMEMBER REVIEWING EXHIBIT 25, YOU TOLD

 

 

ME, I BELIEVE -- I'M SORRY, 23 YOU TOLD ME.

 

 

A. YEAH, THESE ARE MY NOTES.

 

 

Q. AND HOW -- WHAT'S THE RELATIONSHIP BETWEEN 23 AND

 

 

25 EXHIBIT?

DR. RECKHOW VOLUME I PAGE 199

 

 

A. WELL, I REMEMBER REVIEWING THIS, BECAUSE I SEE MY

 

 

NOTES ON IT. YOU KNOW, I CAN GO OVER AND I CAN

 

 

SEE THAT THEY LOOK -- SECTIONS ARE PRETTY MUCH THE

 

 

SAME.

 

 

Q. SO WE'RE CLEAR THEN, ON 23 YOU HAVE AN INDEPENDENT

 

 

RECOLLECTION OF REVIEWING IT---

 

 

A. BECAUSE MY HANDWRITTEN NOTES ARE ON IT.

 

 

Q. ---AND WHAT APPEARS TO BE A VIRTUALLY IDENTICAL

 

 

DOCUMENT, EXHIBIT 25, YOUR TESTIMONY IS YOU HAVE

 

 

NO RECOLLECTION OF REVIEWING IT.

 

 

A. I SAID I PROBABLY HAVE LOOKED AT IT. I THINK

 

 

THAT'S WHAT I JUST SAID, EARLIER.

 

 

Q. IS SONG AUTHORIZED TO DISTRIBUTE MATERIALS UNDER

 

 

THE HEADING OF THE DUKE WETLAND CENTER?

 

 

A. I HAVE NO IDEA.

 

 

Q. WELL, WHO IS AUTHORIZED TO DO THAT?

 

 

A. YOU'D HAVE TO ASK CURT RICHARDSON. I DON'T KNOW.

 

 

Q. WHAT'S YOUR CONNECTION WITH THE WETLAND CENTER?

 

 

A. I'M LISTED AS ONE OF THE FACULTY IN THE WETLAND

 

 

CENTER.

 

 

Q. AND YOU HAVE NO IDEA AS TO ANY UNIVERSITY

 

 

REGULATIONS OR PROTOCOLS CONCERNING WHEN YOU CAN

 

 

USE THE WETLAND CENTER NAME, AND WHEN YOU CAN'T?

 

 

A. THAT'S CORRECT.

DR. RECKHOW VOLUME I PAGE 200

 

 

Q. AND YOU -- DO YOU HAVE AN OPINION AS TO WHETHER A

 

 

GRADUATE STUDENT, GENERALLY, IS AUTHORIZED TO

 

 

DISTRIBUTE MATERIALS UNDER THE HEADING OF DUKE

 

 

UNIVERSITY?

 

 

A. WHETHER A GRADUATE STUDENT IS AUTHORIZED TO

 

 

DISTRIBUTE MATERIAL UNDER THE HEADING OF DUKE

 

 

UNIVERSITY?

 

 

Q. EXACTLY.

 

 

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

 

 

THAT IS -- SERVES AS AN AUTHORIZING ORGANIZATION

 

 

TO PERMIT OR REJECT THAT.

 

 

Q. OKAY. IF I SAW -- IF ONE SEE'S EXHIBIT 23 OR 25,

 

 

EITHER ONE.

 

 

A. UH-HUH (YES).

 

 

Q. YOU WOULD GET THE IMPRESSION THAT THIS IS A REPORT

 

 

ISSUED BY THE DUKE UNIVERSITY WETLAND CENTER. IS

 

 

THAT CORRECT?

 

 

A. YES.

 

 

Q. YOU'D HAVE NO IDEA THAT THIS WAS WRITTEN BY A

 

 

GRADUATE STUDENT WHO'S IN THE THIRD YEAR OF THEIR

 

 

PROGRAM AT DUKE.

 

 

A. YES, THAT'S CORRECT.

 

 

Q. AND IS IT YOUR UNDERSTANDING THAT THIS IS

 

 

APPROPRIATE?

DR. RECKHOW VOLUME I PAGE 201

 

 

A. IT'S -- I HAVE NO OPINION ON IT.

 

 

Q. DO YOU HAVE -- DO YOU HAVE ANY OPINION AS TO

 

 

WHETHER PEOPLE REACT DIFFERENTLY TO DOCUMENTATION

 

 

WHICH HAS THE STAMP, THE NAME OF THE DUKE WETLAND

 

 

CENTER ON IT, AS OPPOSED TO SOME INDIVIDUAL'S NAME

 

 

THAT, PERHAPS, NO ONE'S EVER HEARD OF.

 

 

MS. STINSON: OBJECT TO FORM.

 

 

A. I SUSPECT THAT PEOPLE WILL MAKE JUDGMENTS ON A

 

 

DOCUMENT ON THE BASIS OF WHO'S IDENTIFIED AS THE

 

 

AUTHOR, OR WHAT GROUP IS IDENTIFIED AS THE AUTHOR.

 

 

Q. IS IT TYPICAL THAT A REPORT IS ISSUED FROM THE

 

 

WETLAND CENTER WITHOUT ANY AUTHOR IDENTIFIED?

 

 

A. I HAVE NO IDEA.

 

 

Q. EITHER WAY, I MEAN, YOU'VE NEVER SEEN DOCUMENTS

 

 

WITH OR WITHOUT AUTHORS?

 

 

A. I HAVE NO INVOLVEMENT WITH THE PUBLICATIONS FROM

 

 

THE DUKE WETLAND CENTER, IN A FORMAL WAY.

 

 

Q. AND YOU'VE NEVER LOOKED AT ANY?

 

 

A. I DIDN'T SAY THAT. I ANSWERED THE QUESTIONS WITH

 

 

REGARD TO THOSE REPORTS EARLIER.

 

 

Q. OKAY. MY QUESTION IS NOT ASKING YOU FOR YOUR

 

 

OPINION ON THE TECHNICAL REQUIREMENTS. MY

 

 

QUESTION IS ASKING YOU WHETHER YOU, AS AN

 

 

INDIVIDUAL, HAVE ANY PERSONAL KNOWLEDGE AS TO

DR. RECKHOW VOLUME I PAGE 202

 

 

WHETHER THE DUKE WETLAND CENTER TYPICALLY INCLUDES

 

 

AUTHORS, OR TYPICALLY DOES NOT INCLUDE AUTHORS.

 

 

A. NO, I HAVE NO KNOWLEDGE OF THAT.

 

 

Q. BASED ON WHAT YOU MIGHT HAVE SEEN.

 

 

A. IT LOOKS LIKE -- WELL, RIGHT HERE, THEY'RE NOT

 

 

INCLUDING AUTHORS.

 

 

Q. DO YOU HAVE ANY OPINION AS TO -- OR ANY KNOWLEDGE

 

 

OF THE PRACTICE IN OTHER DEPARTMENTS OR OTHER

 

 

SCHOOLS AT DUKE, CONCERNING THE SAME SUBJECT?

 

 

A. I DON'T KNOW. MY PERSONAL APPROACH IS TO INCLUDE

 

 

AUTHORS, ALWAYS.

 

 

Q. WHEN YOU REVIEWED THIS FOR SONG, DID YOU SUGGEST

 

 

TO HIM THAT AN AUTHOR'S NAME BE PLACED ON IT?

 

 

A. I DIDN'T.

 

 

Q. NOW, WHO IS GHERINI?

 

 

A. STEVE GHERINI IS A CONSULTANT WITH TETRA TECH.

 

 

Q. AND WHAT IS TETRA TECH?

 

 

A. TETRA TECH IS A CONSULTING FIRM.

 

 

Q. AND WHAT IS THEIR ROLE RELATING TO THE LITIGATION,

 

 

AS FAR AS YOU KNOW?

 

 

A. I UNDERSTAND THAT THEY'VE BEEN HIRED TO DO SOME

 

 

MODELING IN THE WETLANDS.

 

 

Q. BY WHOM?

 

 

A. I DON'T KNOW.

DR. RECKHOW VOLUME I PAGE 203

 

 

Q. AND HAVE YOU HAD ANY DIRECT DEALINGS WITH ANYBODY

 

 

FROM TETRA TECH?

 

 

A. ON THIS PARTICULAR PROJECT?

 

 

Q. WELL, LET'S START BROAD, SO WE DON'T MISS

 

 

ANYTHING. HAVE YOU HAD DEALINGS WITH TETRA TECH

 

 

ON ANYTHING?

 

 

A. I'VE WORKED WITH TETRA TECH A FEW TIMES.

 

 

Q. OKAY, AND TELL ME WHAT YOU'VE DONE WITH TETRA

 

 

TECH.

 

 

A. I'VE WORKED WITH THEM ON ACIDIFICATION IN THE

 

 

ADIRONDACKS, AND ON WATER QUALITY MODELING FOR

 

 

EPA.

 

 

Q. WATER QUALITY MODELING?

 

 

A. FOR EPA.

 

 

Q. OKAY. AND WHEN DID YOU DO THAT?

 

 

A. OH, AT VARIOUS TIMES OVER THE PAST EIGHT YEARS.

 

 

Q. PAST EIGHT YEARS?

 

 

A. YEAH.

 

 

Q. YOU MEAN ENVIRONMENTAL PROTECTION AGENCY?

 

 

A. YEAH.

 

 

Q. OH, I'M SORRY.

 

 

A. YEAH, I'M SORRY. YEAH, ENVIRONMENTAL PROTECTION

 

 

AGENCY, YEAH.

 

 

Q. ALL RIGHT. AND HAVE YOU DONE -- HAVE YOU HAD ANY

DR. RECKHOW VOLUME I PAGE 204

 

 

CONTACT WITH THEM CONCERNING THIS PARTICULAR

 

 

LITIGATION?

 

 

A. AS I MENTIONED YESTERDAY, I HAD FORGOTTEN THE

 

 

NAME, BUT A NAME WAS GIVEN. RON MUNSON CALLED ME

 

 

ABOUT OUR MODELING WORK, AND THEN, AS I WAS

 

 

REMINDED BY ONE OF THE EXHIBITS, HE FAXED SOME

 

 

MATERIAL, AND I INDICATED TO HIM, AT THAT TIME,

 

 

THAT WE HAD NO MODEL.

 

 

Q. DID YOU SEND -- EVER SEND INFORMATION TO TETRA

 

 

TECH?

 

 

A. I DON'T RECALL SENDING ANY ON THIS ACTIVITY.

 

 

Q. EXHIBIT -- I'LL TELL YOU EXHIBIT 25 CAME OUT OF

 

 

MR. GHERINI'S RECORDS.

 

 

A. I NOTICED THAT.

 

 

Q. THAT WAS MY NOTE, JUST SO I REMEMBERED WHICH COPY

 

 

WAS WHICH. DO YOU HAVE ANY IDEA HOW MR. GHERINI

 

 

OBTAINED A COPY OF YOUR GRADUATE STUDENT'S WORK?

 

 

A. NO.

 

 

Q. TELL ME OR GIVE ME, IF YOU WILL, A SUMMARY OF THE

 

 

PROPOSAL THAT'S REPRESENTED BY EXHIBIT 23?

 

 

A. SONG IS GOING TO BE LOOKING AT THE APPLICATION OF

 

 

NONPARAMETRIC REGRESSION TO RELATE PHOSPHORUS

 

 

CONCENTRATION FLOWING OUT OF WETLANDS TO THE

 

 

LOADING, DEPTH, WATER RESONANCE, TIME AND OTHER

DR. RECKHOW VOLUME I PAGE 205

 

 

VARIABLES THAT APPEAR TO BE IMPORTANT IN

 

 

DETERMINING THE TRAPPING EFFICIENCY OF WETLANDS.

 

 

Q. OKAY. I'M JUST LOOKING FOR SOMETHING. I'LL BE

 

 

RIGHT WITH YOU.

 

 

A. UH-HUH (YES).

 

 

MR. REID: LET'S TAKE A BREAK, OKAY?

 

 

(THEREUPON, A SHORT

 

 

BREAK WAS TAKEN.)

 

 

EXAMINATION BY MR. REID CONTINUES:

 

 

Q. CONTINUE TO LOOK AT EXHIBIT 23 OR 25. THIS

 

 

APPEARS TO HAVE BEEN PRINTED. DOES IT LOOK THAT

 

 

WAY TO YOU?

 

 

A. BY PRINTED, YOU MEAN---

 

 

Q. AS OPPOSED TO TYPED? OR DO YOU HAVE TYPEWRITERS

 

 

IN THE WETLAND CENTER THAT LOOK LIKE THAT?

 

 

A. I DON'T KNOW WHAT EQUIPMENT THE WETLAND CENTER HAS

 

 

FOR PRODUCING DOCUMENTS, BUT IT -- I SUSPECT THAT

 

 

THIS IS OFF OF A WORD PROCESSING AND A LASER

 

 

PRINTER.

 

 

Q. AND THIS WOULD HAVE BEEN PREPARED IN -- BOTH

 

 

VERSIONS IN AUGUST OF '92. I THINK IT'S NOTED ON

 

 

THERE.

 

 

A. YES.

 

 

Q. NOW, WHERE WAS YOUR GRADUATE STUDENT AT THAT

DR. RECKHOW VOLUME I PAGE 206

 

 

POINT? HE WAS -- HE HAD COMPLETED TWO YEARS OF

 

 

HIS COURSE WORK. IS THAT CORRECT?

 

 

MS. STINSON: I'M JUST TRYING TO FIGURE

 

 

OUT WHAT 24 IS? WHAT'S THE INTERVENING

 

 

DOCUMENT?

 

 

MR. FITZGERALD: 24 ARE THE PRELIMINARY

 

 

REPORTS---

 

 

MR. REID: THE BI-WEEKLY REPORTS.

 

 

MS. STINSON: OKAY.

 

 

Q. (BY MR. REID) HE WOULD HAVE COMPLETED HIS TWO

 

 

YEARS OF -- TWO OF HIS THREE YEARS OF COURSE WORK

 

 

WOULD HAVE BEEN COMPLETED.

 

 

A. I THINK THAT SONG -- I HAVE SEVEN -- I HAVE EIGHT

 

 

GRADUATE Ph.D. STUDENTS NOW AND I CAN'T RECALL

 

 

EXACTLY WHEN EACH ARRIVED, BUT I THINK THAT SONG

 

 

ARRIVED IN JANUARY. SO THIS WOULD HAVE BEEN AFTER

 

 

A YEAR AND A HALF.

 

 

Q. SO THAT MEANS HE'D STILL HAVE A YEAR AND A HALF OF

 

 

COURSE WORK TO DO?

 

 

A. WELL, IT ISN'T SET UP NECESSARILY THAT WAY. HE

 

 

HAS A CERTAIN NUMBER OF UNITS, 60 UNITS OF CREDIT.

 

 

Q. AND AS FAR AS YOU KNOW, THIS IS THE MOST RECENT

 

 

STATEMENT OF WHAT HE IS GOING TO BE PROPOSING THIS

 

 

COMING AUGUST, TO THE COMMITTEE FOR HIS

DR. RECKHOW VOLUME I PAGE 207

 

 

DISSERTATION?

 

 

A. THIS IS AS RECENT AND AS THOROUGH A STATEMENT AS

 

 

I'M AWARE OF.

 

 

Q. IS IT NORMAL THAT A GRADUATE STUDENT WOULD HAVE A

 

 

STATEMENT, SUCH AS THIS, PREPARED A YEAR BEFORE

 

 

GOING TO THE COMMITTEE TO HAVE THE DISSERTATION

 

 

APPROVED?

 

 

A. I DON'T KNOW IF THERE'S ANYTHING NORMAL.

 

 

Q. HAVE YOU EVER KNOWN THAT TO HAPPEN BEFORE?

 

 

A. I CAN'T RECALL SPECIFICS. IT'S NOT AT ALL

 

 

SURPRISING.

 

 

Q. ARE YOU -- DO YOU KNOW OF SITUATIONS WHERE WORK,

 

 

SUCH AS THIS, HAS BEEN DISTRIBUTED TO THE PUBLIC

 

 

AT LARGE?

 

 

MS. STINSON: OBJECT TO FORM.

 

 

A. I -- I'M NOT AWARE, BUT I HAVE NO OBJECTION.

 

 

Q. IS THERE ANY -- ARE THERE ANY REQUIREMENTS OR

 

 

GUIDELINES AT DUKE UNIVERSITY CONCERNING RESEARCH

 

 

DONE BY PEOPLE AFFILIATED WITH DUKE, WITH REGARD

 

 

TO WHEN THAT RESEARCH CAN BE DISTRIBUTED?

 

 

A. NOT THAT I'M AWARE OF.

 

 

Q. THERE'S NO REQUIREMENT OF ANY PEER REVIEW OF

 

 

RESEARCH DONE BY SCIENTISTS AT DUKE?

 

 

A. EACH RESEARCHER HAS HIS OR HER OWN APPROACH.

DR. RECKHOW VOLUME I PAGE 208

 

 

Q. ARE YOU COMFORTABLE WITH DISTRIBUTING EXHIBIT 25

 

 

TO THE PUBLIC IN AUGUST OF 19 -- OR SOMETIME AFTER

 

 

AUGUST OF 1992?

 

 

A. I HAVE NO OBJECTION.

 

 

Q. DO YOU KNOW WHETHER THIS DOCUMENT -- STRIKE THAT.

 

 

YOU ARE, IN EFFECT, THE DUKE UNIVERSITY EMPLOYEE

 

 

WHO SUPERVISES -- WHO'S IN CHARGE OF SONG?

 

 

A. I AM HIS ADVISOR.

 

 

Q. DOES THAT MEAN YOU'RE IN CHARGE OF HIM?

 

 

A. THAT MEANS I AM ADVISING HIM ON HIS GRADUATE

 

 

PROGRAM, AND HIS DISSERTATION.

 

 

Q. DOES ANYBODY ELSE AT DUKE UNIVERSITY HAVE ANY SAY

 

 

OR ANY CONTROL OVER WHAT HE DOES?

 

 

A. YES.

 

 

Q. WHO WOULD THAT BE?

 

 

A. FACULTY WHO HAVE EMPLOYED HIM AS A TEACHING

 

 

ASSISTANT.

 

 

Q. OKAY. AND THAT WOULD BE WITH REGARD TO THE

 

 

TEACHING HE'S DOING?

 

 

A. YES.

 

 

Q. YOU'D BE THE ONLY PERSON AT DUKE WHO WOULD BE

 

 

RESPONSIBLE FOR REVIEWING HIS RESEARCH?

 

 

A. THAT'S NOT CORRECT.

 

 

Q. WHO ELSE WOULD BE RESPONSIBLE FOR REVIEWING HIS

DR. RECKHOW VOLUME I PAGE 209

 

 

RESEARCH?

 

 

A. HIS DISSERTATION COMMITTEE.

 

 

Q. AND THAT WON'T COME INTO PLACE UNTIL NEXT AUGUST?

 

 

A. THAT WILL COME -- THAT WILL BE IDENTIFIED OVER THE

 

 

NEXT THREE OR FOUR MONTHS.

 

 

Q. SO IT DOESN'T EXIST TODAY?

 

 

A. THAT'S CORRECT.

 

 

Q. SO AS OF AUGUST OF '92, WHEN THIS -- WHEN EXHIBITS

 

 

23 OR 25 WERE PREPARED AND SUBSEQUENTLY

 

 

DISTRIBUTED, YOU WERE THE ONLY PERSON AT DUKE WHO

 

 

WAS RESPONSIBLE FOR THIS INDIVIDUAL'S RESEARCH?

 

 

A. CURT RICHARDSON, I'M CERTAIN WAS INVOLVED IN

 

 

DISCUSSIONS WITH SONG.

 

 

Q. NOW WHY WOULD HE BE INVOLVED?

 

 

A. BECAUSE HE'S -- SONG'S WORK INVOLVES WETLANDS

 

 

TRAPPING OF NUTRIENTS; AND HE'S A WETLAND

 

 

SCIENTIST.

 

 

Q. WELL, TO THE EXTENT THERE'S SOMETHING IN HERE

 

 

ABOUT STATISTICS, DOES THAT MEAN SOMEBODY IN THE

 

 

STATISTICS SCHOOL WOULD HAVE SOME CONTROL OVER

 

 

RESEARCH DONE BY THIS STUDENT?

 

 

A. IT MEANS THAT WE'RE LIKELY TO HAVE SOMEONE ON HIS

 

 

COMMITTEE WHO'S A STATISTICIAN.

 

 

Q. I'M TALKING ABOUT RIGHT NOW, BEFORE THIS COMMITTEE

DR. RECKHOW VOLUME I PAGE 210

 

 

IS FORMED?

 

 

A. WE -- HE QUITE LIKELY HAS CONSULTED WITH FACULTY

 

 

AT THE UNIVERSITY ON STATISTICS.

 

 

Q. OKAY. WELL, WHAT I'M TRYING TO FIND OUT IS, WITH

 

 

THE PROCEDURES AT DUKE, CAN ANYBODY WHO GO --

 

 

WHO'S AT DUKE, PREPARE RESEARCH, PUT THE NAME OF

 

 

DUKE UNIVERSITY ON IT, WITHOUT ANY PERSON'S NAME,

 

 

AND SEND IT OUT TO THE WORLD AT LARGE, WITHOUT ANY

 

 

CONTROL AT ALL?

 

 

MR. McCAUGHAN: OBJECT TO THE FORM.

 

 

HAVE WE ESTABLISHED THAT IT'S BEEN SENT TO

 

 

THE WORLD?

 

 

MR. REID: WAIT JUST A SECOND. JUST A

 

 

SECOND. NO OFFENSE, BUT YOU KNOW YOU'RE NOT

 

 

COUNSEL OF RECORD. IF THEY WANT TO OBJECT,

 

 

THAT'S FINE. YOU KNOW.

 

 

MS. STINSON: I THINK---

 

 

MR. McCAUGHAN: I'M APPEARING AS COUNSEL

 

 

FOR DUKE UNIVERSITY, AND YOU HAVE ONE OF OUR

 

 

EMPLOYEES BEING DEPOSED.

 

 

MR. REID: THAT'S RIGHT.

 

 

MR. McCAUGHAN: AND YOU'RE ASKING A

 

 

QUESTION WHICH IS CONFUSING AND ACTUALLY

 

 

NONSENSICAL. WHAT IS THE DISTRIBUTION OF THE

DR. RECKHOW VOLUME I PAGE 211

 

 

WORLD THAT YOU'RE TALKING ABOUT?

 

 

MR. REID: WELL, WE DON'T KNOW, DO WE?

 

 

I'D BE HAPPY FOR YOU TO TELL ME---

 

 

MR. McCAUGHAN: IT HAS NOT---

 

 

MR. REID: ---WHO DUKE HAS DISTRIBUTED

 

 

THIS TO.

 

 

MR. McCAUGHAN: ---IT HAS NOT -- IT HAS

 

 

NOT BEEN ESTABLISHED.

 

 

MR. REID: AND ONLY DUKE CAN ESTABLISH

 

 

THAT, IT APPEARS, EXCEPT WE DO KNOW IT GOT

 

 

INTO THE HANDS OF A MR. GHERINI, OUT WEST, SO

 

 

WE KNOW THAT, AT LEAST. NOW, GOING BACK TO

 

 

MY QUESTION.

 

 

Q. (BY MR. REID) WHAT I'M TRYING TO FIND OUT IS,

 

 

DOES DUKE HAVE ANY AUTHORITY OR ANY RULES WITH

 

 

REGARD TO WHEN SOMEONE AFFILIATED WITH DUKE CAN

 

 

PREPARE A DOCUMENT, RESEARCH, PUT THE NAME OF DUKE

 

 

ON IT AND DISTRIBUTE IT TO SOMEONE OUTSIDE OF

 

 

DUKE?

 

 

A. I DON'T KNOW AS THEY HAVE ANY RULES ON THAT.

 

 

Q. DO YOU CONSIDER THERE'S ANY PROBLEM WITH

 

 

DISTRIBUTING THIS DOCUMENT TO OUTSIDERS AT THE

 

 

TIME IT WAS PREPARED?

 

 

MR. RUSSELL: OBJECT TO THE FORM.

DR. RECKHOW VOLUME I PAGE 212

 

 

A. I'D HAVE TO LOOK IT OVER CAREFULLY AND THINK ABOUT

 

 

IT, BUT AT FIRST GLANCE I HAVE NO PROBLEM.

 

 

Q. WHEN YOU REVIEWED THIS, DID YOU -- AT THAT POINT,

 

 

WERE YOU LOOKING IT OVER CAREFULLY AND THINKING

 

 

ABOUT IT?

 

 

A. I WAS THINKING ABOUT IT, NOT FROM THE PERSPECTIVE

 

 

OF IT BEING DISTRIBUTED TO PEOPLE. I WAS LOOKING

 

 

AT IT FROM THE PERSPECTIVE OF A STATEMENT AT THAT

 

 

STAGE OF SONG'S ACADEMIC PROGRAM OF WHERE HIS

 

 

RESEARCH WAS HEADED.

 

 

Q. AND YOU MENTIONED THAT CURTIS RICHARDSON MAY HAVE

 

 

HAD SOME INPUT INTO THIS DOCUMENT. DO YOU KNOW

 

 

WHETHER HE DID, IN FACT, OR NOT?

 

 

A. I DON'T KNOW FOR CERTAIN.

 

 

Q. IS HE---

 

 

A. I THINK, BECAUSE IT SAYS DUKE UNIVERSITY WETLAND

 

 

CENTER THAT HE PROBABLY DID.

 

 

Q. WOULD HIS INVOLVEMENT BE BECAUSE HE HAS BEEN

 

 

RETAINED BY THE SUGAR INTEREST TO PROVIDE

 

 

CONSULTING AND TESTIMONY IN THIS LITIGATION?

 

 

A. NOT NECESSARILY.

 

 

Q. WHO EDITED OR CHANGED THIS DOCUMENT---

 

 

A. I---

 

 

Q. ---ON EXHIBIT 23 TO EXHIBIT 25?

DR. RECKHOW VOLUME I PAGE 213

 

 

A. I HAVE NO IDEA.

 

 

Q. OKAY. LOOK AT THE LAST -- LOOK AT PAGE SEVEN.

 

 

A. ON WHICH EXHIBIT?

 

 

Q. OF 25, PLEASE. ON THE LAST -- IN THE LAST

 

 

PARAGRAPH ABOUT THE SIXTH LINE UP, IN THE MIDDLE.

 

 

IT BEGINS "THE AVERAGE NET RETENTION..." DO YOU

 

 

SEE THAT SENTENCE?

 

 

A. UH-HUH (YES).

 

 

Q. READ THAT TO YOURSELF. JUST READ THE REST OF THE

 

 

PARAGRAPH.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

Q. (BY MR. REID) OKAY, HAVE YOU READ IT?

 

 

A. YES.

 

 

Q. OKAY. NOW, THE WAY I -- THE WAY I UNDERSTAND

 

 

THAT, SONG -- OR I GUESS WE SHOULD SAY THE DUKE

 

 

WETLAND CENTER IS SAYING THAT BASED ON

 

 

RICHARDSON'S WORK, THERE WAS -- THE AVERAGE NET

 

 

RETENTION RATE WAS 79.63 TONS A YEAR, CORRECT?

 

 

A. YES.

 

 

Q. AND IF YOU APPLY THE AVERAGE PHOSPHORUS RETENTION

 

 

RATE OF .63 GRAMS -- YOU'D BETTER HELP ME HERE,

 

 

GRAMS PER METER SQUARED PER YEAR?

 

 

A. AND WHERE'S IS THAT FIGURE?

 

 

Q. IT'S ABOUT THREE LINES UP FROM WHERE YOU STARTED.

DR. RECKHOW VOLUME I PAGE 214

 

 

A. YEAH.

 

 

Q. OKAY, IS THAT -- AM I READING THAT CORRECT?

 

 

A. .63 GRAMS PER METER SQUARED A YEAR, UH-HUH (YES).

 

 

Q. NOW THAT'S RICHARDSON'S NUMBER, IS THAT CORRECT?

 

 

A. RICHARDSON REPORTED, YES.

 

 

Q. THAT THE AVERAGE PHOSPHORUS RETENTION RATE WAS .63

 

 

GRAMS PER METER SQUARED PER YEAR.

 

 

A. UH-HUH (YES).

 

 

Q. AND IF YOU TAKE THE TONNAGE, THE CALCULATION LEADS

 

 

TO THE REQUIREMENT OF 12,600 HECTARES. IS THAT

 

 

CORRECT?

 

 

A. HECTARES.

 

 

Q. HECTARES, RIGHT. AND THAT'S ROUGHLY 31,000 ACRES,

 

 

IS THAT CORRECT?

 

 

A. I'LL TAKE YOUR WORD FOR IT ON THE CONVERSION.

 

 

Q. DOES THAT SEEM ABOUT RIGHT TO YOU?

 

 

A. I JUST OFF THE TOP OF MY HEAD I DON'T RECALL THE

 

 

CONVERSION BETWEEN HECTARES AND ACRES.

 

 

Q. OKAY. SO, THE WAY I READ THIS, BASED ON

 

 

RICHARDSON'S STATEMENT CONCERNING THE RETENTION

 

 

RATE OF PHOSPHORUS, AND THE -- AND RICHARDSON'S

 

 

CALCULATION AS TO THE TONS WHICH ARE RETAINED,

 

 

WHICH BASICALLY SUBTRACTS, I GUESS, WHAT COMES

 

 

IN -- SUBTRACT WHAT GOES OUT FROM WHAT COMES IN,

DR. RECKHOW VOLUME I PAGE 215

 

 

YOU WOULD NEED ABOUT 12,000 HECTARES OF LAND TO

 

 

TAKE UP THAT AMOUNT OF PHOSPHORUS A YEAR. IS THAT

 

 

CORRECT?

 

 

A. THAT'S WHAT IT SEEMS TO SAY.

 

 

Q. NOW, THIS APPEARS TO BE A POSITION OF THE DUKE

 

 

WETLAND CENTER. DO YOU AGREE WITH THAT

 

 

CALCULATION?

 

 

A. I HAVE NO COMMENT ON IT. I HAVEN'T LOOKED AT

 

 

THAT.

 

 

Q. DO YOU KNOW HOW MANY ACRES ARE PROPOSED IN THE

 

 

SWIM PLAN FOR THE STA'S?

 

 

A. NO, I DO NOT.

 

 

Q. DO YOU KNOW IF IT'S MORE THAN THE 31,000 OR LESS

 

 

THAN THE 31,000?

 

 

A. I DON'T KNOW.

 

 

Q. DO YOU KNOW WHAT THE DUKE WETLAND CENTER IN THEIR

 

 

ANNUAL REPORT AND OTHER PUBLICATIONS BY DR.

 

 

RICHARDSON HAS SAID TO THE PUBLIC AT LARGE WOULD

 

 

BE REQUIRED TO TAKE UP THAT AMOUNT OF PHOSPHORUS?

 

 

A. NO, I DO NOT.

 

 

Q. DO YOU KNOW IF IT'S MORE THAN 31,000 OR LESS THAN

 

 

31,000?

 

 

A. I HAVE NO IDEA.

 

 

Q. WHY WAS THIS PARAGRAPH, INCLUDING THE PART WE WERE

DR. RECKHOW VOLUME I PAGE 216

 

 

JUST LOOKING AT, REMOVED FROM EXHIBIT 25, WHEN IT

 

 

WAS REPRINTED AS EXHIBIT 23?

 

 

A. I DON'T KNOW WHICH CAME FIRST, AND I CAN'T ANSWER

 

 

THE QUESTION. I DON'T KNOW.

 

 

Q. WELL, WHAT DOES EXHIBIT 25 -- HOW DOES EXHIBIT 25

 

 

IDENTIFY ITSELF?

 

 

A. IT SAYS PRELIMINARY REPORT.

 

 

Q. AND HOW DOES EXHIBIT 23 IDENTIFY ITSELF?

 

 

A. IT HAS LEFT OUT PRELIMINARY REPORT.

 

 

Q. DOES THAT LEAD YOU TO ANY CONCLUSION?

 

 

A. THAT SUGGESTS TO ME THAT IT'S -- THAT THIS WOULD

 

 

FOLLOW THIS.

 

 

Q. THAT 25 CAME FIRST AND---

 

 

A. 25---

 

 

Q. ---AND 23 CAME SECOND.

 

 

A. THAT'S CORRECT.

 

 

Q. AND SO I'LL ASK AGAIN. DO YOU KNOW WHY THAT LAST

 

 

PARAGRAPH---

 

 

A. I HAVE NO---

 

 

Q. ---WAS REMOVED FROM 25?

 

 

A. ---I HAVE NO IDEA. THIS IS WHAT I READ, AND IT

 

 

WASN'T IN THERE.

 

 

Q. AND DO YOU KNOW WHETHER OR NOT THAT PARTICULAR

 

 

PARAGRAPH IS SIGNIFICANT IN THE DISPUTE THAT'S --

DR. RECKHOW VOLUME I PAGE 217

 

 

THAT WE'RE HERE ABOUT?

 

 

A. IT SOUNDS LIKE IT IS APT TO BE.

 

 

Q. NOW, LOOKING AT -- YOU CAN LOOK AT EITHER ONE. I

 

 

THINK THIS IS THE -- AT PAGE TWO, UNDER DATA,

 

 

NUMBER THREE.

 

 

A. UH-HUH (YES).

 

 

Q. SEE THAT? THE LAST -- SECOND PARAGRAPH, LAST

 

 

SENTENCE. IT BEGINS "DAILY RAINFALL."

 

 

A. OKAY, I BETTER LOOK AT THIS.

 

 

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

Q. (BY MR. REID) IS THAT IN BOTH VERSIONS?

 

 

A. YEAH.

 

 

Q. OKAY. NOW, .03 MILLIGRAMS PER LITER IS THE SAME

 

 

AS PARTS PER BILLION, ISN'T IT?

 

 

A. PARTS PER MILLION.

 

 

Q. PARTS PER MILLION?

 

 

A. PARTS PER MILLION, THAT'S CORRECT.

 

 

Q. OKAY, AND THAT WOULD BE IN EFFECT 30 PARTS PER

 

 

BILLION THEN.

 

 

A. THAT'S CORRECT.

 

 

Q. IS THAT CORRECT?

 

 

A. UH-HUH (YES).

 

 

Q. DO YOU AGREE WITH THAT NUMBER?

 

 

A. I HAVE NO IDEA WHAT THE NUMBER WOULD BE.

DR. RECKHOW VOLUME I PAGE 218

 

 

Q. DO YOU KNOW IF ANYONE CHECKED THAT NUMBER?

 

 

A. I HAVE NO IDEA.

 

 

Q. OKAY. LOOK AT STUDY AREA---

 

 

A. UH-HUH (YES).

 

 

Q. ---PARAGRAPH, THE SENTENCE BEGINNING,

 

 

"APPROXIMATELY 58% OF THE INFLOW" AND SO FORTH?

 

 

A. UH-HUH (YES).

 

 

Q. DO YOU KNOW IF THOSE NUMBERS ARE ACCURATE?

 

 

A. I HAVE NO IDEA.

 

 

Q. NOW, UNDER PARAGRAPH THREE, "DATA" -- THE FIRST

 

 

SENTENCE, "DATA COLLECTED BY THE AUTHORS FROM

 

 

VARIOUS STATE SOURCES" AND SO FORTH; FIRST OF ALL,

 

 

WHO ARE THE AUTHORS?

 

 

A. I DON'T KNOW.

 

 

Q. DO YOU READ THAT TO BE THE AUTHORS OF THIS

 

 

PARTICULAR PAPER?

 

 

A. YES.

 

 

Q. AND IT'S PLURAL?

 

 

A. YES.

 

 

Q. AND -- BUT YOU HAVE NO IDEA WHO THAT MAKES

 

 

REFERENCE TO?

 

 

A. THAT'S CORRECT.

 

 

Q. AND WHEN YOU REVIEWED THIS FOR SONG, YOU DIDN'T

 

 

DISCUSS THAT WITH HIM?

DR. RECKHOW VOLUME I PAGE 219

 

 

A. NO.

 

 

Q. YOU'RE NOT ONE OF THE AUTHORS, I TAKE IT.

 

 

A. I AM NOT ONE OF THE AUTHORS.

 

 

Q. AND DO YOU KNOW WHAT THE VARIOUS STATE SOURCES

 

 

MAKE -- THAT ARE MADE REFERENCE TO?

 

 

A. NO.

 

 

Q. WHAT DOES OLIGOTROPHIC MEAN?

 

 

A. OLIGOTROPHIC?

 

 

Q. YEAH.

 

 

A. NUTRIENT POOR.

 

 

Q. OKAY. IN A -- I WANT TO -- I MEANT TO ASK YOU

 

 

THIS YESTERDAY. IN A SYSTEM THAT IS HISTORICALLY

 

 

OLIGOTROPHIC, DO YOU BELIEVE EUTROPHICATION IS A

 

 

PROBLEM?

 

 

A. NOT NECESSARILY.

 

 

Q. WHAT DO YOU MEAN BY NOT NECESSARILY?

 

 

A. A PROBLEM IMPLIES A VALUE JUDGMENT.

 

 

Q. OKAY, GIVE ME YOUR VALUE JUDGMENT ON THAT. THAT'S

 

 

WHAT I WAS ASKING FOR.

 

 

A. AS I SAID TO YOU YESTERDAY, MY VIEW ON

 

 

EUTROPHICATION AND, LIKEWISE, MY VIEW ON

 

 

OLIGOTROPHIC STATUS DEPENDS ON THE SITUATION.

 

 

Q. OKAY, AND DO YOU HAVE ANY GUIDELINES AS TO WHICH

 

 

SITUATION MAKES IT GOOD AND WHICH SITUATION MAKES

DR. RECKHOW VOLUME I PAGE 220

 

 

IT BAD?

 

 

A. NOT IN A GENERAL SENSE. I'D APPROACH EACH PROBLEM

 

 

AS AN INDIVIDUAL.

 

 

Q. OKAY, AND I BELIEVE YOU TOLD ME YESTERDAY, YOU

 

 

DON'T HAVE ANY OPINIONS REGARDING THAT QUESTION AS

 

 

IT RELATES TO THE FLORIDA EVERGLADES.

 

 

A. THAT'S CORRECT.

 

 

Q. GO TO PAGE FIVE, PLEASE.

 

 

A. THIS IS FIVE ON THE---

 

 

Q. EXHIBIT 25---

 

 

A. ---EXHIBIT 25.

 

 

Q. ---IS THE ONLY ONE THAT HAS THE PAGES NUMBERED,

 

 

FOR SOME REASON.

 

 

A. OKAY.

 

 

Q. BEGINNING WITH, "WE BELIEVE..." UNDER DISCUSSION,

 

 

IT'S ABOUT THE FOURTH LINE DOWN.

 

 

A. OKAY.

 

 

Q. OKAY, "WE BELIEVE THAT WATER LEVEL IS IMPORTANT IN

 

 

CONTROLLING PHOSPHORUS CONCENTRATION, SINCE WATER

 

 

LEVEL REPRESENTS THE AMOUNT OF WATER IN THE

 

 

WETLAND, AND THIS IN TURN CONTROLS REDOX STATUS

 

 

AND P DYNAMICS." DO YOU AGREE WITH THAT SENTENCE?

 

 

A. I AGREE WITH THE FIRST PART, WATER LEVEL IS

 

 

IMPORTANT IN CONTROLLING P CONCENTRATION.

DR. RECKHOW VOLUME I PAGE 221

 

 

Q. NOW---

 

 

A. I HAVE NO COMMENT ON THE SECOND PART.

 

 

Q. OKAY, NOW ARE YOU AWARE THAT ONE POSITION TAKEN BY

 

 

THE FARMING INTERESTS IN THIS CASE IS THAT THE

 

 

PROBLEM IN THE EVERGLADES IS RELATED TO WATER

 

 

LEVEL AS OPPOSED TO NUTRIENT INFUSION?

 

 

A. YES.

 

 

Q. OKAY, AND YOU'RE AWARE THAT THAT'S A DISPUTED

 

 

ISSUE IN THE CASE?

 

 

A. YES.

 

 

Q. A VERY IMPORTANT ISSUE IN THE CASE?

 

 

A. OKAY.

 

 

Q. YOU UNDERSTAND THAT?

 

 

A. UH-HUH (YES).

 

 

Q. AND AT THE TIME OF -- AND THIS STATEMENT TAKES A

 

 

POSITION ON THAT, DOESN'T IT, ON THAT ISSUE?

 

 

A. IT INDICATES THAT WATER LEVEL IS IMPORTANT.

 

 

Q. RIGHT, AND THAT'S A JUDGMENT OR A VALUE, A

 

 

STATEMENT OF A POSITION BY THE DUKE WETLAND

 

 

CENTER.

 

 

A. I CAN'T COMMENT ON THE POSITION OF THE DUKE

 

 

WETLAND CENTER. IT'S A STATEMENT BY THE AUTHORS

 

 

OF---

 

 

Q. EXHIBIT 25?

DR. RECKHOW VOLUME I PAGE 222

 

 

A. YEAH.

 

 

Q. OKAY. AND ALL WE KNOW IS THAT IT WAS PUT OUT

 

 

UNDER THE NAME OF THE DUKE WETLAND CENTER, BUT YOU

 

 

TOLD ME YOU BELIEVE THAT SONG WROTE IT, AND

 

 

PERHAPS CONSULTED WITH PROFESSOR RICHARDSON?

 

 

A. I BELIEVE I TOLD YOU THAT I FEEL THAT SONG WROTE

 

 

THIS.

 

 

Q. EXHIBIT 23---

 

 

A. 23, AND I FEEL THAT WAY BECAUSE THE STATISTICAL

 

 

WORK IS LIKELY HIS.

 

 

Q. AND YOU BELIEVE HE WAS CONSULTED -- HE CONSULTED

 

 

WITH DR. RICHARDSON?

 

 

A. I THINK THAT'S LIKELY.

 

 

Q. OKAY. DO YOU FEEL THAT SONG WAS FAR ENOUGH ALONG

 

 

IN HIS RESEARCH IN AUGUST OF 1992 TO MAKE

 

 

STATEMENTS SUCH AS THIS?

 

 

A. WE BE -- THAT STATEMENT THAT YOU JUST ASKED ME

 

 

ABOUT?

 

 

Q. THAT ONE PARTICULARLY.

 

 

A. I THINK HE WAS FAR ENOUGH ALONG TO MAKE THE FIRST

 

 

PART OF THE STATEMENT, THAT WATER LEVEL IS

 

 

IMPORTANT IN CONTROLLING P CONCENTRATION.

 

 

Q. THIS IS -- THIS IS, I THINK YOU TOLD ME, AN

 

 

OUTLINE OR A PROPOSAL THAT WAS GOING TO ULTIMATELY

DR. RECKHOW VOLUME I PAGE 223

 

 

LEAD TO WHAT HE WAS GOING TO PROPOSE TO HIS

 

 

DISSERTATION COMMITTEE?

 

 

A. THAT'S -- THAT IS CORRECT.

 

 

Q. OKAY. DOES IT -- DO YOU HAVE ANY PROBLEMS WITH A

 

 

STUDENT PUBLISHING DOCUMENTS WITH CONCLUSIONS A

 

 

YEAR BEFORE THEY EVEN TAKE THEIR HYPOTHESIS OR

 

 

THEIR DISSERTATION PROPOSAL TO THE COMMITTEE?

 

 

A. FIRST OF ALL, THIS ISN'T A PUBLICATION, IN THE

 

 

SENSE OF A PUBLICATION. IT'S A PAPER. IT'S A

 

 

DISCUSSION, AND I HAVE NO PROBLEM WITH A STUDENT,

 

 

IN THE DEVELOPMENT OF A PROPOSAL LOOKING AT DATA

 

 

AND -- AND BEGINNING TO DRAW CONCLUSIONS.

 

 

Q. WHAT'S THE DIFFERENCE BETWEEN A PUBLICATION AND A

 

 

PAPER?

 

 

A. I THINK OF A PUBLICATION AS SOMETHING THAT IS

 

 

PUBLISHED, PRINTED IN A -- IN A -- EITHER IN A

 

 

REFEREED JOURNAL OR IN AN OTHERWISE FORMAL BOUND

 

 

BOOK OR REPORT OR DOCUMENT.

 

 

Q. WELL, IF SOMEBODY GETS HOLD OF THIS, AND SEES DUKE

 

 

WETLAND CENTER ON IT, AND DOESN'T SEE ANYTHING

 

 

ELSE, IS IT FAIR FOR THEIR -- THEM TO ASSUME THAT

 

 

THIS RESEARCH AND THE CONCLUSIONS MADE HAVE BEEN

 

 

SUBJECTED TO PEER REVIEW, REFEREED OR OTHERWISE

 

 

LOOKED AT BY SOMEBODY?

DR. RECKHOW VOLUME I PAGE 224

 

 

A. I THINK IT'S -- YOU RAISE QUITE A GAMUT OF REVIEW.

 

 

I THINK THAT IT IS -- I DON'T THINK IT'S FAIR TO

 

 

SAY ANYTHING, ACTUALLY. I DON'T -- I CERTAINLY

 

 

THINK IT'S FAIR TO SAY THAT THIS HAS BEEN SUBJECT

 

 

TO PEER REVIEW.

 

 

Q. NO, MY QUESTION IS, IS IT FAIR FOR SOMEONE TO

 

 

ASSUME THAT IT HAS BEEN SUBJECT TO ANYTHING---

 

 

A. WELL, YOU SAID PEER REVIEW, AND I---

 

 

Q. WELL, LET'S -- LET ME LEAVE IT UP TO YOU TO DECIDE

 

 

WHICH REVIEW. MY QUESTION IS, IF SOMEBODY GETS

 

 

THIS PAPER AND SEES IT, NOT THE ONE THAT SAYS

 

 

PRELIMINARY DRAFT, BUT THE FINAL DRAFT, OR THE ONE

 

 

THAT'S EXHIBIT 23, AND SEES DUKE UNIVERSITY

 

 

WETLAND CENTER, IS IT FAIR FOR THEM TO ASSUME THAT

 

 

THIS HAS BEEN SUBJECTED TO SOME METHOD OF REVIEW,

 

 

BEFORE IT WAS DISTRIBUTED?

 

 

A. NO.

 

 

Q. OKAY. AND IS THAT TRUE THROUGHOUT DUKE

 

 

UNIVERSITY, OR IS THAT JUST TRUE IN THE WETLAND

 

 

CENTER?

 

 

A. I HAVE NO IDEA WHAT OCCURS. I CAN TELL YOU THAT

 

 

I, AS I WRITE REPORTS AND MEMOS AND DISCUSSION

 

 

PAPERS, THEY MAY WELL TAKE THIS FORM; AND I'LL PUT

 

 

MY NAME ON IT; AND I WILL STAND BEHIND IT; BUT IT

DR. RECKHOW VOLUME I PAGE 225

 

 

MAY NOT BE REVIEWED BY ANYONE.

 

 

Q. AND YOU BELIEVE THIS IS COMPARABLE TO A REPORT, A

 

 

MEMO OR A DISCUSSION PAPER?

 

 

A. I BELIEVE THIS IS COMPARABLE TO A MEMO OR A

 

 

DISCUSSION PAPER.

 

 

Q. AND ARE THOSE TYPICALLY DISTRIBUTED OUTSIDE OF THE

 

 

DEPARTMENT AT DUKE?

 

 

A. THERE'S NO TYPICAL ACTION.

 

 

Q. ARE THOSE EVER SENT TO OUTSIDERS?

 

 

A. I SUSPECT THAT THEY ARE.

 

 

Q. NOW, DOES IT SAY ANYWHERE IN THIS PAPER THAT THIS

 

 

IS -- THAT THIS IS A DISCUSSION PAPER BY A

 

 

GRADUATE STUDENT WHO'S BEEN IN THE PROGRAM A YEAR

 

 

AND A HALF, ABOUT SOME RESEARCH THAT HE HOPES TO

 

 

DO, WHEN HE GETS AROUND TO MAKING A PROPOSAL TO

 

 

HIS COMMITTEE A YEAR LATER.

 

 

A. I HAVEN'T READ IT, BUT I SUSPECT IT DOESN'T.

 

 

Q. YOU'D NEED TO KNOW THAT, WOULDN'T YOU, IN ORDER TO

 

 

EVALUATE THIS?

 

 

A. I'D LIKE TO KNOW WHO WROTE IT, IF I WAS EVALUATING

 

 

IT.

 

 

Q. AND WOULD YOU LIKE TO KNOW THE CIRCUMSTANCES UNDER

 

 

WHICH HE WROTE IT?

 

 

A. IT MIGHT BE HELPFUL.

DR. RECKHOW VOLUME I PAGE 226

 

 

Q. NOW, WOULD IT BE HELPFUL TO KNOW THAT IN BETWEEN

 

 

THE PRELIMINARY DRAFT AND THE FINAL DRAFT, A

 

 

STATEMENT WHICH SUPPORTS THE SUGAR INDUSTRY WAS

 

 

LEFT IN, AND A STATEMENT THAT IS -- TAKES THE

 

 

OPPOSITE VIEW FROM THE SUGAR INDUSTRY'S POSITION

 

 

WAS REMOVED?

 

 

MR. RUSSELL: OBJECT TO FORM.

 

 

Q. (BY MR. REID) WOULD THAT BE HELPFUL TO KNOW?

 

 

MS. STINSON: I JOIN IN THAT.

 

 

A. I WOULDN'T CARE.

 

 

Q. AND WOULD IT ALSO BE HELPFUL TO KNOW THAT THE

 

 

PERSON WHO WROTE THIS, AND PURPORTEDLY MADE THOSE

 

 

CHANGES THAT I JUST MENTIONED, WAS BEING SUPPORTED

 

 

BY A FORTY THOUSAND DOLLAR ($40,000.00) GIFT FROM

 

 

THE SUGAR INDUSTRY?

 

 

MR. RUSSELL: OBJECT TO FORM.

 

 

MS. STINSON: OBJECT.

 

 

A. I WOULDN'T CARE.

 

 

Q. DO YOU THINK THAT SONG MADE THOSE DECISIONS

 

 

HIMSELF, TO MAKE THOSE CHANGES; OR DO YOU BELIEVE

 

 

THEY WERE MADE BY CURTIS RICHARDSON?

 

 

A. I DON'T KNOW.

 

 

Q. THEY WEREN'T MADE BY YOU?

 

 

A. THEY WEREN'T MADE BY ME.

DR. RECKHOW VOLUME I PAGE 227

 

 

Q. WOULD YOU HAVE OMITTED THAT LAST PARAGRAPH FROM

 

 

THE WORK, IN YOUR ROLE AS THE REVIEWING AND

 

 

GRADUATE ADVISOR?

 

 

A. AT THIS STAGE FOR SONG'S WORK, IT WASN'T

 

 

IMPORTANT, AND I WOULDN'T HAVE -- I PROBABLY

 

 

WOULDN'T HAVE COMMENTED ON, ONE WAY OR ANOTHER.

 

 

Q. BUT WE DON'T KNOW WHETHER YOU EVER SAW THAT

 

 

PARAGRAPH OR NOT, BECAUSE THE VERSION I HAVE

 

 

DOESN'T HAVE YOUR NOTES ON IT---

 

 

A. THAT'S CORRECT.

 

 

Q. ---ON EXHIBIT 25. HAVE YOU EVER DONE ANY RESEARCH

 

 

AT ALL ON PHOSPHORUS IN FLORIDA FRESHWATER

 

 

WETLANDS?

 

 

A. NO.

 

 

Q. HAVE YOU DONE ANY RESEARCH ON PHOSPHORUS IN ANY

 

 

WETLANDS, AS OPPOSED TO LAKES AND RIVERS?

 

 

A. NO.

 

 

Q. HAVE YOU EVER BEEN INVOLVED IN INSTALLING A

 

 

SAMPLING STATION, FOR THE PURPOSE OF MONITORING

 

 

DISCHARGE OR PHOSPHORUS CONCENTRATION IN WETLANDS?

 

 

A. NO.

 

 

Q. OR IN SURFACE WATER, GENERALLY.

 

 

A. INSTALL---

 

 

Q. INSTALLING SAMPLING.

DR. RECKHOW VOLUME I PAGE 228

 

 

A. NOT INSTALLING; I'VE SAMPLED SURFACE WATERS, BUT

 

 

NOT INSTALLING STATIONS.

 

 

Q. BY SAMP -- HOW HAVE YOU DONE THAT?

 

 

A. SAMPLING DOESN'T HAVE TO INVOLVE SETTING UP A

 

 

FIXED STATION AND GOING BACK AND LOOKING AT IT.

 

 

YOU CAN ACTUALLY -- YOU GO OUT IN A BOAT, AND

 

 

GATHER A WATER SAMPLE, AND TAKE IT BACK TO THE

 

 

LAB; PROCESS IT. I'VE DONE THAT.

 

 

Q. ARE YOU AWARE OF ANY UNIQUE ASPECTS OF PHOSPHORUS

 

 

DYNAMICS, AS THEY EXIST IN FLORIDA WETLAND

 

 

MARSHES -- OR FLORIDA FRESHWATER WETLANDS, I

 

 

SHOULD SAY -- THAT WOULD AFFECT THE CHEMICAL

 

 

ANALYSIS?

 

 

A. NO.

 

 

Q. HAVE YOU EVER ANALYZED ANY DATA SETS OR ANY DATA

 

 

BASE DEALING WITH PHOSPHORUS CONCENTRATION IN

 

 

FLORIDA FRESHWATER WETLANDS?

 

 

A. NO.

 

 

Q. AND BY THAT, I'M INCLUDING BOTH THE EVERGLADES

 

 

AGRICULTURAL AREA, AS WELL AS THE WATER

 

 

CONSERVATION AREAS AND THE PARK, AND SO FORTH.

 

 

A. I DID LOOK AT PHOSPHORUS CONCENTRATION ASSOCIATED

 

 

WITH WATER LEVEL, AND WORKED WITH PEEPLES, EARL &

 

 

BLANK.

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DR. RECKHOW VOLUME I PAGE 229

 

 

Q. AND WHAT -- WHEN WAS THAT? THAT WAS THE WORK ON

 

 

THE LAKE?

 

 

A. ABOUT TWO YEARS AGO.

 

 

Q. WAS THAT ON THE LAKE, OR WAS THAT RELATING TO THE

 

 

EVERGLADES?

 

 

A. THAT WAS RELATING TO AS YOU DEFINE, THE

 

 

EVERGLADES, SOUTH OF THE LAKE.

 

 

Q. OKAY. WHAT DID YOU DO FOR PEEPLES, EARL & BLANK,

 

 

IN THAT REGARD?

 

 

A. I LOOKED AT THE RELATIONSHIP BETWEEN WATER LEVEL

 

 

NEAR SOME STRUCTURES AND PHOSPHORUS CONCENTRATION.

 

 

Q. DID YOU WRITE A REPORT?

 

 

A. NO.

 

 

Q. HOW DID YOU MAKE YOUR FINDINGS KNOWN?

 

 

A. I DID SOME STATISTICAL ANALYSIS AND GRAPHICS, AND

 

 

SENT THEM, AS I RECALL, TO RICK BURGESS.

 

 

Q. OKAY NOW, THIS WAS ABOUT TWO YEARS AGO.

 

 

A. YEAH.

 

 

Q. AND WHAT STRUCTURES WERE YOU DEALING WITH?

 

 

MR. RUSSELL: I INSTRUCT -- OTHER THAN

 

 

IN GENERAL TERMS, I INSTRUCT YOU, DR. RECKHOW

 

 

TO -- TO NOT ANSWER IT -- THE DETAILS OF THIS

 

 

WORK, SINCE IT REGARDS NON-TESTIFYING EXPERT

 

 

TESTIMONY IN ANOTHER PROCEEDING, NOT RELATED

DR. RECKHOW VOLUME I PAGE 230

 

 

TO THIS MATER.

 

 

MR. REID: JUST SO WE'RE CLEAR, WHAT

 

 

PROCEEDING ARE YOU TALKING ABOUT?

 

 

MR. RUSSELL: THE OTHER FEDERAL LAWSUIT.

 

 

MR. REID: WHEN WERE YOU IN THE FEDERAL

 

 

LAWSUIT? YOU MEAN THIS WAS DONE AFTER YOU

 

 

INTERVENED?

 

 

MS. STINSON: WHETHER IT WAS DONE---

 

 

MR. RUSSELL: YEAH, THAT'S IRRELEVANT,

 

 

WHEN WE WERE ACTUALLY GRANTED INTERVENTION.

 

 

THE OBJECTION STANDS AND THE INSTRUCTION

 

 

STANDS.

 

 

Q. (BY MR. REID) YOU KNOW, YOU DIDN'T TELL ME ABOUT

 

 

THIS YESTERDAY, DID YOU? WE DIDN'T TALK ABOUT

 

 

THIS.

 

 

A. NO, I DIDN'T, SPECIFICALLY, MENTION THIS

 

 

YESTERDAY.

 

 

Q. AND I THOUGHT I ASKED YOU TO TELL ME EVERY TIME

 

 

YOU HAD MET WITH ANY LAWYERS OR DONE ANY WORK

 

 

RELATING TO THE EVERGLADES, YESTERDAY. DO YOU

 

 

REMEMBER THAT, THOSE QUESTIONS?

 

 

A. I DO REMEMBER THAT, YEAH.

 

 

Q. WHY DIDN'T YOU TELL ME ABOUT THIS YESTERDAY?

 

 

A. I DIDN'T REMEMBER UNTIL YOU, SPECIFICALLY, RAISED

DR. RECKHOW VOLUME I PAGE 231

 

 

THAT ISSUE.

 

 

Q. OKAY. ALL RIGHT, TELL ME WHERE YOU DID THIS WORK.

 

 

A. YOU MEAN WHAT---

 

 

Q. PHYSICALLY.

 

 

A. WHERE I -- WHERE I DID THE WORK?

 

 

Q. WHAT STRUCTURES WERE YOU DEALING WITH?

 

 

A. OH, OKAY. I DON'T REMEMBER THE EXACT STRUCTURES,

 

 

TWO YEARS AGO.

 

 

Q. OKAY, AND DID YOU TAKE SAMPLES?

 

 

A. NO.

 

 

Q. WHAT DID YOU USE FOR YOUR DATA?

 

 

A. I USED DATA THAT WERE PROVIDED BY JOHN DAVIS.

 

 

Q. WHAT KIND OF DATA WAS IT?

 

 

A. AS I RECALL, IT WAS PHOSPHORUS CONCENTRATION AND

 

 

WATER LEVEL DATA.

 

 

Q. DO YOU KNOW WHO -- WHOSE DATA IT WAS?

 

 

A. I THINK IT MAY HAVE BEEN THE DISTRICT'S.

 

 

Q. OKAY. AND YOU -- WHAT WERE YOU, SPECIFICALLY,

 

 

ASKED TO DO?

 

 

A. TO LOOK AT THE RELATIONSHIP BETWEEN PHOSPHORUS

 

 

CONCENTRATION AND WATER LEVEL.

 

 

Q. AND WAS THIS FROM A STATISTICAL POINT OF VIEW?

 

 

A. YES.

 

 

Q. WHAT METHOD DID YOU USE TO GO ABOUT DOING THIS?

DR. RECKHOW VOLUME I PAGE 232

 

 

A. I USED REGRESSION ANALYSIS.

 

 

Q. OKAY. HOW MUCH TIME DID THIS PROJECT TAKE?

 

 

A. A COUPLE OF DAYS.

 

 

Q. AND HOW WERE YOU PAID?

 

 

A. AS A CONSULTANT.

 

 

Q. AN HOURLY BASIS OR---

 

 

A. YES.

 

 

Q. HOW MUCH AN HOUR?

 

 

A. PROBABLY A HUNDRED DOLLARS ($100.00) AN HOUR.

 

 

Q. WAS THERE A LETTER RETAINING YOU TO DO THIS WORK?

 

 

A. I DON'T REMEMBER. THERE MAY HAVE BEEN.

 

 

Q. IS THERE ANY WAY THAT YOU COULD, BY THINKING ABOUT

 

 

OR RELATING IT TO SOMETHING ELSE, THAT YOU COULD

 

 

TELL ME A LITTLE MORE CLOSELY WHEN YOU ACTUALLY

 

 

DID THIS?

 

 

A. I THINK IT WAS EITHER SPRING OR SUMMER OF '91.

 

 

Q. OKAY. AND YOU DID THIS YOURSELF, AS OPPOSED TO

 

 

HAVING ANY GRADUATE STUDENTS WORK WITH YOU?

 

 

A. YES, THAT'S RIGHT, UH-HUH (YES).

 

 

Q. AND WHEN YOU COMPLETED YOUR WORK, YOU CALLED

 

 

MR. BURGESS UP?

 

 

A. I SEEM TO REMEMBER THAT THAT WAS THE FORM OF THE

 

 

RESPONSE, YEAH; AND ALSO, AS I MENTIONED BEFORE,

 

 

GRAPHS AND STATISTICS.

DR. RECKHOW VOLUME I PAGE 233

 

 

Q. OKAY. AND YOU SENT THOSE TO MR. BURGESS?

 

 

A. I THINK I DID. I PROBABLY SENT THEM TO JOHN

 

 

DAVIS, TOO.

 

 

Q. AND TO JOHN DAVIS. WHO IS JOHN DAVIS?

 

 

MR. RUSSELL: I'M -- I DON'T---

 

 

Q. (BY MR. REID) WHO'S JOHN DAVIS?

 

 

A. WE MENTIONED -- TALKED ABOUT THAT YESTERDAY. HE'S

 

 

A CONSULTANT.

 

 

Q. OKAY. HAVE YOU EVER TALKED WITH BILL GREEN OR

 

 

ANYBODY FROM HIS OFFICE ABOUT THIS PARTICULAR

 

 

WORK?

 

 

A. I DON'T THINK I DID.

 

 

Q. HAVE YOU TALKED TO ANYBODY ELSE ABOUT IT?

 

 

A. I MAY HAVE SPOKEN WITH BILL WALKER ABOUT IT, BUT I

 

 

DON'T REMEMBER.

 

 

Q. AND WHAT DID YOU TELL HIM ABOUT IT?

 

 

A. I SAID I DON'T REMEMBER, SO I---

 

 

Q. OKAY. DID YOU EVER GIVE THIS WRITTEN MATERIAL TO

 

 

ANYBODY ELSE?

 

 

A. I DON'T THINK I DID.

 

 

Q. OKAY. AND AFTER YOU SENT IT IN, WHAT'S THE NEXT

 

 

THING YOU HEARD ABOUT IT?

 

 

MR. RUSSELL: I'M GOING TO INSTRUCT YOU

 

 

NOT TO ANSWER.

DR. RECKHOW VOLUME I PAGE 234

 

 

Q. (BY MR. REID) OKAY. WHEN IS THE NEXT TIME

 

 

ANYBODY ASKED YOU ABOUT THIS?

 

 

A. I DON'T REMEMBER.

 

 

Q. HAVE YOU EVER DISCUSSED IT SINCE THEN WITH

 

 

ANYBODY?

 

 

A. I MAY HAVE, BUT I DON'T REMEMBER.

 

 

Q. DID YOU DISCUSS IT WITH SONG WHEN YOU WERE TALKING

 

 

WITH HIM ABOUT HIS PROPOSAL?

 

 

A. NO.

 

 

Q. NOW THIS SEEMS TO BEAR IN SOME PART ON -- TO THE

 

 

SENTENCE THAT WE WERE FOCUSING ON EARLIER, ABOUT

 

 

WATER LEVEL AS IT RELATES TO PHOSPHORUS

 

 

CONCENTRATION, DOESN'T IT?

 

 

A. THAT'S RIGHT, THAT REMINDED ME THAT---

 

 

Q. OKAY.

 

 

A. ---OF THE WORK.

 

 

Q. WHEN YOU WERE REVIEWING EXHIBIT 23 AND YOU SAW

 

 

THAT SENTENCE IN THERE, DID YOU MENTION THIS TO

 

 

SONG?

 

 

A. NO.

 

 

Q. DID YOUR CONCLUSION THAT YOU DREW FROM THIS WORK

 

 

SUPPORT THE POSITION THAT HE TOOK, IN THE PAPER?

 

 

A. THE CONCLUSION FROM THAT WORK THAT YOU---

 

 

Q. YES.

DR. RECKHOW VOLUME I PAGE 235

 

 

A. ---JUST DISCUSSED THAT I DIDN'T -- HAD NO

 

 

RELATIONSHIP. I DIDN'T THINK ABOUT THE TWO IN ANY

 

 

CONNECTION.

 

 

Q. DOES IT, IN FACT, RELATE TO THE QUESTION THAT HE

 

 

WAS TALKING ABOUT IN THE PAPER, ABOUT THE WATER

 

 

LEVELS RELATING TO PHOSPHORUS CONCENTRATION?

 

 

A. THERE IS A GENERAL RELATIONSHIP IN WATER BODIES

 

 

THAT DEEPER WATER BODIES TEND TO HAVE LOWER

 

 

PHOSPHORUS CONCENTRATIONS, AND THAT'S JUST GENERAL

 

 

ACROSS ALL SORTS OF WATER BODIES.

 

 

Q. IS THAT TRUE IN WETLANDS?

 

 

A. I DIDN'T SAY IT'S TRUE. IT TENDS TO BE THE CASE.

 

 

Q. DOES IT TEND TO BE THE CASE IN WETLANDS, AS

 

 

OPPOSED TO LAKES?

 

 

A. FROM WHAT I'VE SEEN OF DATA, IT APPEARS TO BE THE

 

 

CASE.

 

 

Q. AND WHAT WAS YOUR CONCLUSION, AS A RESULT OF THIS

 

 

STATISTICAL WORK THAT YOU DID?

 

 

MR. RUSSELL: I'M GOING TO OBJECT AND

 

 

INSTRUCT HIM NOT TO ANSWER.

 

 

MR. REID: BECAUSE HE WAS A

 

 

NON-TESTIFYING EXPERT IN THE FEDERAL

 

 

LITIGATION?

 

 

MR. RUSSELL: BECAUSE HE WAS A

DR. RECKHOW VOLUME I PAGE 236

 

 

NON-TESTIFYING EXPERT REGARDING THIS WORK

 

 

DONE ON BEHALF OF OUR CLIENT; IT HAS NO

 

 

BEARING, AS HE HAS STATED; NO BEARING ON THIS

 

 

PROCEEDING. IT CONTINUES TO BE ATTORNEY --

 

 

OH, EXCUSE ME -- WORK PRODUCT THAT IS

 

 

PROTECTED, THAT IS -- I MIGHT ASK DR.

 

 

RECKHOW. AM I CHARACTERIZING THAT CORRECT?

 

 

IS IT TRUE THAT NONE OF THIS WORK FORMS THE

 

 

BASIS FOR THE WORK IN THIS PROCEEDING?

 

 

WITNESS: THAT IS CORRECT; IT DOESN'T

 

 

RELATE.

 

 

MR. REID: WELL, LET ME JUST---

 

 

MR. RUSSELL: AND THE---

 

 

Q. (BY MR. REID) LET ME MAKE -- LET ME ASK YOU A

 

 

COUPLE OF QUESTIONS. WHEN YOU SAY IT DOESN'T

 

 

RELATE, YOU MEAN YOU'RE NOT GOING TO BE LOOKING AT

 

 

THAT AS IT -- AND TALKING TO SONG ABOUT IT?

 

 

A. THAT'S CORRECT.

 

 

Q. BUT IT DOES RELATE FACTUALLY. IT'S THE SAME

 

 

SUBJECT, ISN'T IT?

 

 

A. WELL, IT RELATES TO THE EXTENT THAT, AS I SAID

 

 

YESTERDAY IN A SIMILAR QUESTION, EVERYTHING

 

 

RELATES TO ALMOST EVERYTHING ELSE, IN SOME WAY.

 

 

Q. WELL, THIS RELATES MORE CLOSELY THAN THAT.

DR. RECKHOW VOLUME I PAGE 237

 

 

A. PERHAPS.

 

 

Q. YOU WERE LOOKING AT WATER LEVEL AS IT RELATES TO

 

 

PHOSPHORUS CONCENTRATION.

 

 

A. THAT'S CORRECT.

 

 

Q. AND THAT'S ONE OF THE VARIABLES THAT SONG IS GOING

 

 

TO BE, SPECIFICALLY, LOOKING AT IN HIS

 

 

DISSERTATION WORK?

 

 

A. THAT'S CORRECT.

 

 

Q. AND IN FACT, HE'S MADE A STATEMENT ALREADY THAT

 

 

THERE'S A RELATIONSHIP?

 

 

A. THAT'S CORRECT.

 

 

Q. SO, WOULDN'T YOU AGREE THAT THEY RELATE DIRECTLY?

 

 

A. NO, ONLY -- NO MORE THAN I WOULD THAT SOMEONE

 

 

DOING A REGRESSION ANALYSIS OF CHILDHOOD EDUCATION

 

 

RELATES TO THIS, BECAUSE IT INVOLVES REGRESSION

 

 

ANALYSIS.

 

 

Q. WELL, LET'S JUST HYPOTHETICALLY SAY THAT YOU HAVE

 

 

DETERMINED IN YOUR STATISTICAL WORK THAT THERE WAS

 

 

NO CORRELATION BETWEEN WATER LEVEL AND PHOSPHORUS

 

 

CONCENTRATION, AND SONG MAKES THE STATEMENT THAT

 

 

HE MAKES IN HIS PROPOSAL; THEY WOULD RELATE

 

 

DIRECTLY, WOULDN'T THEY; IF YOU HAD DISCOVERED THE

 

 

OPPOSITE OF WHAT HE CLAIMS TO HAVE DISCOVERED?

 

 

A. I EXPECT THERE TO BE A -- MY EXPERIENCE IN TWENTY

DR. RECKHOW VOLUME I PAGE 238

 

 

YEARS IN WATER -- SURFACE WATER QUALITY STUDIES

 

 

HAS SHOWN ME THAT IN GENERAL THERE'S A TENDENCY

 

 

FOR DEPTH AND CONCENTRATION TO RELATE, AND SO I'M

 

 

NOT SURPRISED.

 

 

Q. THAT'S NOT MY QUESTION. MY QUESTION IS, THE WORK

 

 

THAT YOU DID IS REGARDING THE SAME SUBJECT MATTER,

 

 

AND IT WAS MOVING TOWARD THE SAME CONCLUSION AS

 

 

THE WORK THAT SONG IS GOING TO BE DOING?

 

 

MR. RUSSELL: HE ASKED AND ANSWERED A

 

 

SIMILAR QUESTION. I'LL INSTRUCT YOU NOT TO

 

 

ANSWER ANY MORE THAN THAT; THE SPECIFIC

 

 

DETAILS.

 

 

MR. REID: I'M ASKING HIM THE QUESTION

 

 

TO CLARIFY HIS SUBSEQUENT ANSWERS, AND

 

 

SPECIFICALLY, HIS QUESTION THAT REGRESSION

 

 

ANALYSIS REGARDING CHILDHOOD---

 

 

WITNESS: EDUCATION.

 

 

MR. REID: ---EDUCATION, RELATES TO

 

 

REGRESSION ANALYSIS CONCERNING WATER BECAUSE

 

 

THEY'RE BOTH REGRESSION ANALYSES. NOW, I'M

 

 

ASKING HIM ABOUT THAT SPECIFIC STATEMENT.

 

 

Q. (BY MR. REID) THE RESULT OF YOUR CHILDHOOD

 

 

EDUCATION ANALYSIS HAS NO BEARING ON THE RESULT OF

 

 

YOUR WATER QUALITY ANALYSIS, DOES IT?

DR. RECKHOW VOLUME I PAGE 239

 

 

A. THE -- NOT THE RESULT---

 

 

Q. OKAY.

 

 

A. ---THE INTERPRETATION OF METHODS.

 

 

Q. SURE, BUT THE RESULT -- IN OTHER WORDS, WHATEVER

 

 

THE RESULT IS REGARDING CHILDHOOD EDUCATION, WOULD

 

 

HAVE NO BEARING ON THE RESULT CONCERNING WATER

 

 

QUALITY.

 

 

A. THE RESULT, CORRECT.

 

 

Q. BUT IN THIS CASE, THE RESULT OF YOUR WORK, THE

 

 

WATER QUALITY -- THE STATISTICAL WORK YOU DID

 

 

CONCERNING PHOSPHORUS CONCENTRATION OF WATER LEVEL

 

 

RELATES DIRECTLY TO THE RESULT OF SONG'S WORK

 

 

INSOFAR AS HE DEALS WITH WATER DEPTH, WATER LEVEL

 

 

AS IT RELATES TO PHOSPHORUS CONCENTRATION.

 

 

A. IT DOES NOT.

 

 

Q. WHY NOT?

 

 

A. BECAUSE I HAVE A PERSPECTIVE THAT PRECEDES THE --

 

 

EITHER OF THESE PROJECTS CONCERNING THE

 

 

RELATIONSHIP BETWEEN DEPTH AND CONCENTRATION, AND

 

 

IT IS BASED ON THAT PERSPECTIVE, THAT I'M NOT

 

 

SURPRISED THAT THERE IS A RELATIONSHIP IN

 

 

WETLANDS.

 

 

Q. BUT THAT'S NOT MY QUESTION. MY QUESTION IS THAT

 

 

YOU'RE BOTH---

DR. RECKHOW VOLUME I PAGE 240

 

 

A. I ANSWERED YOUR QUESTION. I SAID IT DIDN'T

 

 

RELATE.

 

 

Q. MY QUESTION IS THEY BOTH DEAL WITH THE SAME

 

 

SUBJECT MATTER.

 

 

A. THEY BOTH DEAL WITH PHOSPHORUS CONCENTRATION AND

 

 

DEPTH. THAT'S CORRECT.

 

 

Q. AND THEY'RE BOTH LOOKING FOR THE SAME INFORMATION,

 

 

WHETHER THERE IS A RELATIONSHIP OR NOT.

 

 

A. THEY'RE BOTH LOOKING TO SEE WHETHER OR NOT THERE

 

 

IS A RELATIONSHIP.

 

 

Q. AND IF -- IT WOULD BE INTERESTING FOR THE TRIER OF

 

 

FACT TO KNOW THAT YOU FOUND THERE WAS NO

 

 

RELATIONSHIP, HYPOTHETICALLY, AND THAT SONG FOUND

 

 

THERE WAS A RELATIONSHIP, IF THAT OCCURRED.

 

 

A. FROM MY PERSPECTIVE AS A SCIENTIST, I -- FINDING A

 

 

RELATIONSHIP BETWEEN PHOSPHORUS CONCENTRATION AND

 

 

DEPTH AT THOSE STRUCTURES HAD NO EFFECT ON

 

 

STRENGTHENING MY BELIEF THAT THERE WAS A

 

 

RELATIONSHIP IN WETLANDS.

 

 

Q. BECAUSE YOU ALREADY HAVE A PRE -- YOU HAVE A---

 

 

A. YES.

 

 

Q. ---PRECONCEIVED IDEA THAT YOU KNOW THE ANSWER.

 

 

A. THAT'S -- I HAVE A SENSE FOR WHAT SHOULD OCCUR.

 

 

Q. BUT WE'RE TALKING NOW ABOUT WHETHER YOUR WORK IS

DR. RECKHOW VOLUME I PAGE 241

 

 

GOING TO RELATE TO WHAT HE DOES, AND SO I'M GIVING

 

 

YOU A HYPOTHETICAL THAT---

 

 

A. UH-HUH (YES).

 

 

Q. ---LET'S ASSUME THAT HE FINDS OUT SOMETHING

 

 

DIFFERENT THEN. LET'S REVERSE IT. YOU FIND THE

 

 

WATER QUALITY OF THE P CONCENTRATION AS IT RELATES

 

 

TO WATER LEVEL. LET'S ASSUME THAT IN HIS

 

 

DISSERTATION WORK HE WRITES A PAPER AND SAYS IT

 

 

DOESN'T RELATE. NOW, AT THAT POINT, YOUR WORK

 

 

DOES BEAR ON WHAT HE'S DOING.

 

 

A. NOT FROM THOSE STRUCTURES. MY A PRIORI BELIEF

 

 

ABOUT THE RELATIONSHIP BETWEEN DEPTH AND

 

 

CONCENTRATION WOULD MAKE ME SURPRISED IF SONG

 

 

DIDN'T FIND IT.

 

 

Q. WELL, IF YOU KNEW THE ANSWER, WHY DID YOU HAVE TO

 

 

DO THIS WORK FOR MR. BURGESS?

 

 

A. I DIDN'T KNOW THE ANSWER. I EXPECTED THAT THERE

 

 

WOULD BE A RELATIONSHIP.

 

 

Q. OKAY.

 

 

MR. REID: SO YOU'RE NOT GOING TO LET

 

 

HIM ANSWER THE QUESTION ABOUT WHAT THE RESULT

 

 

OF HIS WORK WAS, STILL?

 

 

MR. RUSSELL: YES, BASED ON HIS

 

 

TESTIMONY THAT THE TWO DON'T RELATE. IN

DR. RECKHOW VOLUME I PAGE 242

 

 

OTHER WORDS -- IS THAT CORRECT, DR. RECKHOW?

 

 

IN OTHER WORDS, THE WORK---

 

 

WITNESS: DOING THAT WORK ON THE

 

 

STRUCTURES IS HAVING -- WILL HAVE NO EFFECT

 

 

ON WHAT SONG -- WHAT I DO WITH SONG.

 

 

MR. RUSSELL: AND YOU'RE NOT RELYING

 

 

UPON THAT?

 

 

WITNESS: I'M NOT RELYING ON THAT AT

 

 

ALL.

 

 

MR. REID: I THINK YOU'RE PLAYING GAMES

 

 

COUNSEL, BUT WE'LL GO AHEAD.

 

 

MR. RUSSELL: OKAY.

 

 

Q. (BY MR. REID) HAVE YOU -- HAVE YOU REVIEWED ANY

 

 

MATERIAL RELATING TO THE MODEL THAT TETRA TECH IS

 

 

WORKING ON?

 

 

A. NO.

 

 

Q. ASIDE FROM THIS CONVERSATION WITH MUNSON, I THINK,

 

 

WHERE HE ASSUMED YOU WERE GOING TO -- YOU WERE

 

 

DOING SOME MODELING WORK, HAVE YOU HAD ANY

 

 

DISCUSSIONS WITH ANYBODY ABOUT THAT MODEL?

 

 

A. ABOUT THE TETRA TECH MODEL?

 

 

Q. RIGHT.

 

 

A. NO.

 

 

Q. DO YOU KNOW WHETHER THE WORK THAT YOU'RE DOING OR

DR. RECKHOW VOLUME I PAGE 243

 

 

THAT YOUR GRADUATE STUDENT IS DOING IS PLANNED TO

 

 

BE INCORPORATED INTO THAT MODEL?

 

 

A. I DON'T KNOW. THE FACT THAT RON MUNSON CALLED AND

 

 

EXPRESSED INTEREST SUGGESTS THAT IT MIGHT BE.

 

 

Q. DO YOU BELIEVE MODELING IS THE BEST APPROACH TO

 

 

ANSWER QUESTIONS CONCERNING THE ECOLOGY OF THE

 

 

EVERGLADES, AS OPPOSED TO EMPIRICAL FIELD

 

 

EXPERIMENTATION?

 

 

A. I THINK THAT THE -- ANSWERING THAT QUESTION WILL

 

 

INVOLVE GOOD EXPERIMENTATION, GOOD OBSERVATIONAL

 

 

DATA AND GOOD SCIENTIFIC JUDGMENT.

 

 

Q. WELL, CAN YOU ANSWER THE QUESTION?

 

 

A. I DON'T THINK -- I -- AS I -- COULD YOU REPHRASE

 

 

THE QUESTION SO I CAN GET IT EXACTLY?

 

 

Q. YEAH, I'M JUST TRYING TO FIND OUT IF YOU THINK

 

 

MODELING IS THE BEST APPROACH TO ANSWER THE

 

 

QUESTIONS THAT DEAL WITH THE PROBLEMS FACING THE

 

 

EVERGLADES, AS OPPOSED TO EMPIRICAL, IN THE FIELD

 

 

TESTING?

 

 

MR. RUSSELL: I OBJECT TO THE FORM.

 

 

IT'S A RATHER BROAD QUESTION, THE PROBLEMS

 

 

FACING THE EVERGLADES.

 

 

Q. (BY MR. REID) THE EUTROPHICATION, SPECIFICALLY.

 

 

A. IT IS, BECAUSE OF THE WAY IT'S PHRASED, IT'S A

DR. RECKHOW VOLUME I PAGE 244

 

 

DIFFICULT QUESTION TO ANSWER. GIVEN THE WAY IT'S

 

 

PHRASED, THE ANSWER IS NO.

 

 

Q. WHY?

 

 

A. BECAUSE, AS I SAID A MOMENT AGO, I THINK IT'S A

 

 

MIX OF EXPERIMENTATION, OBSERVATIONAL WORK, AND

 

 

EXPERT JUDGMENT THAT WILL BE MOST EFFECTIVE IN

 

 

DEALING WITH THAT ISSUE.

 

 

Q. DO YOU KNOW WHOSE DATA SET SONG IS GOING TO BE

 

 

USING IN GOING ABOUT HIS WORK?

 

 

A. I MENTIONED THAT YESTERDAY. HE WILL BE WORKING

 

 

WITH WCA-2A DATA AND THE NORTH AMERICAN DATA

 

 

SETS.

 

 

Q. I UNDERSTAND, BUT WHOSE WCA-2A DATA? THERE'S

 

 

SEVERAL DIFFERENT GROUPS.

 

 

A. THAT'S WHAT I UNDERSTAND AND THE DATA THAT'S HE'S

 

 

ABLE TO OBTAIN. CERTAINLY HE'LL HAVE DATA FROM

 

 

THE DUKE WETLAND CENTER, AND OTHER DATA THAT HE'S

 

 

ABLE TO OBTAIN.

 

 

Q. HAVE YOU -- HAVE YOU LOOKED AT THE DUKE WETLAND

 

 

CENTER DATA?

 

 

A. ONLY TO THE EXTENT OF WHAT SONG -- WHAT SONG HAS

 

 

LOOKED AT IN THIS REPORT.

 

 

MR. REID: OKAY. I'M GOING TO INTERRUPT

 

 

MY QUESTIONS AT THIS TIME, AND LET THE UNITED

DR. RECKHOW VOLUME I PAGE 245

 

 

STATES ASK SOME QUESTIONS, BECAUSE -- SINCE

 

 

WE'RE NOT GOING TO FINISH TODAY, I THINK IT

 

 

WOULD MAKE MORE SENSE FOR THEM, BECAUSE HE

 

 

HAS SOME QUESTIONS TO FOLLOW UP THINGS THAT

 

 

HAVE BEEN COVERED NOW, AND THAT LOGICALLY I

 

 

THINK IT MAKES BETTER SENSE. SO, WE'LL MOVE

 

 

AHEAD FOR THE NEXT HOUR AND HALF ON THAT.

 

 

(THEREUPON, A SHORT

 

 

BREAK WAS TAKEN.)

 

 

EXAMINATION BY MR. FITZGERALD:

 

 

Q. DR. RECKHOW, I'M TOM WATTS FITZGERALD REPRESENTING

 

 

THE UNITED STATES IN THIS ACTION, AND I DON'T

 

 

RECALL IF MR. REID TOLD YOU. HE PROBABLY DIDN'T,

 

 

JUST TO CONFUSE YOU; BUT AT THE OUTSET, I WOULD

 

 

SAY, IF YOU DON'T UNDERSTAND MY QUESTIONS, BECAUSE

 

 

USUALLY I WON'T UNDERSTAND WHAT I'M TRYING TO ASK

 

 

OR USE THE RIGHT TERMINOLOGY THAT MAKES SENSE TO

 

 

YOU, PLEASE JUST TELL ME AND WE'LL TRY AND SORT

 

 

OUT WHAT THE QUESTION WAS REALLY MEANT TO ASK, AND

 

 

WHETHER THERE IS AN ANSWER OR NOT. AND IF YOU

 

 

NEED TO TAKE A BREAK OR JUST WANT TO STRETCH YOUR

 

 

LEGS AT ANY POINT, IF YOU WOULD JUST TELL ME THAT,

 

 

I'D BE HAPPY TO. WHAT I SORT OF PLANNED TO DO,

 

 

SINCE WE CAN'T FINISH TODAY, OBVIOUSLY, IN ANY

DR. RECKHOW VOLUME I PAGE 246

 

 

EVENT, BECAUSE YOU DON'T HAVE THE FINAL OPINIONS,

 

 

THAT MAYBE YOU'RE NEVER GOING TO HAVE, I'M JUST

 

 

GOING TO TRY AND SORT OF FILL IN SOME POINTS

 

 

FOLLOWING ON MR. REID'S QUESTIONING THAT LEFT

 

 

QUESTIONS IN MY MIND, OR JUST THINGS I WAS

 

 

INTERESTED IN; AND THEN MAYBE LOOK AT A LITTLE

 

 

BACKGROUND MATERIAL COMING OUT OF THE

 

 

DOCUMENTATION THAT YOU PROVIDED. AND THEN WE'LL

 

 

JUST SEE HOW FAR THAT GETS US TODAY. WITH -- THIS

 

 

WILL BE SOMEWHAT UNFOCUSED, I GUESS, BECAUSE IT

 

 

DERIVES FROM THE NOTES AND THE ORDER IN WHICH I

 

 

WROTE THEM; BUT PICKING UP AT THE END OF MR. REID,

 

 

AND THEN WE'LL GO BACK TO YESTERDAY. YOUR ROLE AS

 

 

AN ADVISOR OR COUNSELOR TO A DISSERTATION STUDENT,

 

 

WHAT ACTUALLY DOES THAT ENTAIL? WHAT DO YOU HAVE

 

 

TO DO ON A DAILY OR WEEKLY BASIS TO ASSIST THAT

 

 

STUDENT IN PROGRESSING SATISFACTORILY TOWARDS THE

 

 

DOCTORATE?

 

 

A. MY ROLE IS, AS AN ADVISOR TO A Ph.D. STUDENT

 

 

INVOLVES, EARLY IN THE PROGRAM, ADVISING OR

 

 

DISCUSSING WITH OR CONSULTING WITH THE STUDENT ON

 

 

DIRECTION, THAT MANIFESTS ITSELF IN COURSES THAT

 

 

ARE SELECTED IN MAJOR AND MINOR CONCENTRATION

 

 

AREAS. MY ROLE THEN IS TO DISCUSS WITH THE

DR. RECKHOW VOLUME I PAGE 247

 

 

STUDENTS -- THE STUDENT, THE NATURE OF THE Ph.D.

 

 

DISSERTATION; WHAT THE CONTRIBUTION IS GOING TO

 

 

BE; WHAT THE TOPICS WILL BE; THE MAKEUP OF THE

 

 

DISSERTATION COMMITTEE; AND THEN DURING THE

 

 

CONDUCT OF THE DISSERTATION, MY ROLE IS TO PROVIDE

 

 

ADVICE; CONSULTATION ON THE ACTUAL WORK, AND THEN

 

 

ULTIMATELY TO SERVE AS COMMITTEE CHAIR WHEN THAT

 

 

WORK IS PRESENTED FOR APPROVAL OF THE

 

 

DISSERTATION.

 

 

Q. IN PROVIDING SORT OF THE TECHNICAL OVERSIGHT AND

 

 

ADVICE TO THE WORK THAT'S BEING DONE, DOES THAT

 

 

REQUIRE YOU TO BRING TO BEAR ON THAT ALL OF YOUR

 

 

BACKGROUND AND EXPERIENCE AND KNOWLEDGE IN THE

 

 

FIELD THAT THE STUDENT IS PURSUING?

 

 

A. IT SHOULD.

 

 

Q. SO, I ASSUME, THEN, THERE'S REALLY NO WAY TO

 

 

SEGREGATE OUT; I MEAN, YOU'VE DESCRIBED ROUGHLY A

 

 

TWENTY YEAR CAREER IN SURFACE WATER QUALITY

 

 

ISSUES, SO YOU WOULD BRING ALL THAT EXPERIENCE TO

 

 

BEAR?

 

 

A. AS IT RELATES TO WHAT THE STUDENT'S DOING, YES.

 

 

Q. AND I ASSUMED FROM SOMETHING YOU SAID THAT THIS

 

 

GENERAL NOTION YOU HAVE, OR EXPECTATION THAT WATER

 

 

DEPTH HAS A RELATIONSHIP TO PHOSPHORUS

DR. RECKHOW VOLUME I PAGE 248

 

 

CONCENTRATION, IS EXACTLY THAT SORT OF INFORMATION

 

 

OF A GENERALIZED BACKGROUND NATURE THAT YOU WOULD

 

 

RELY UPON IN EVALUATING; YOU KNOW, DOES THIS LOOK

 

 

RIGHT? I MEAN, YOU KNOW, IS THERE AN OBVIOUS

 

 

PROBLEM IN A LINE ANALYSIS OR DATA SET?

 

 

A. THAT'S CORRECT.

 

 

Q. WILL THERE BE ANY FIELDWORK OR FIELD SAMPLING DONE

 

 

IN SUPPORT OF QIAN SONG'S WORK?

 

 

A. I WON'T BE INVOLVED IN THAT FIELD COLLECTION, IF

 

 

THERE IS ANY, AND I WON'T BE INVOLVED IN GUIDING

 

 

IT. SONG HAS EXPRESSED AN INTEREST IN GAINING

 

 

FIELD EXPERIENCE AS PART OF THE OVERALL LEARNING

 

 

EXPERIENCE, AND WHETHER THAT OCCURS, I DON'T

 

 

KNOW.

 

 

Q. TO YOUR KNOWLEDGE, TO DATE, HAS HE BEEN INVOLVED

 

 

IN ANY OF THE FIELD DOSING STUDIES OR EXPERIMENTAL

 

 

WORK BEING CONDUCTED BY THE DUKE WETLAND CENTER IN

 

 

WATER CONSERVATION AREA 2A?

 

 

A. I DON'T BELIEVE HE'S BEEN TO FLORIDA FOR ANY OF

 

 

THAT WORK.

 

 

Q. GIVEN HIS POSITION OR ROLE AT THE WETLAND CENTER

 

 

AS A DISSERTATION CANDIDATE OR Ph.D. CANDIDATE,

 

 

DOES HE DO ANY LAB WORK OR DIRECT HANDS-ON

 

 

ANALYSIS OF FIELD SAMPLING?

DR. RECKHOW VOLUME I PAGE 249

 

 

A. I DON'T BELIEVE SO. I THINK HIS ROLE IS JUST

 

 

CONFINED TO THAT SUPPORT FROM THE GIFT, DIRECTED

 

 

TOWARDS PURSUING THE DISSERTATION.

 

 

Q. APART FROM HIS APPARENT DESIRE TO GARNER THIS

 

 

FIELD EXPERIENCE, IS THERE -- OR HAS THERE BEEN

 

 

ANY DISCUSSION BETWEEN YOU AND SONG; OR YOU, SONG

 

 

AND DR. RICHARDSON ABOUT DESIGNING A SAMPLING

 

 

PROGRAM THAT WOULD DOVETAIL INTO THE TYPE OF

 

 

ANALYSIS HE'S INTERESTED IN CONDUCTING?

 

 

A. AS I RECALL, LAST SUMMER, WE TALKED A LITTLE BIT

 

 

ABOUT THE DESIRABILITY OF COLLECTING DATA ON

 

 

DESIGNS, ON SPECIFIC DESIGNS, BECAUSE OF

 

 

INADEQUACIES OF EXISTING DATA. BUT THAT DIDN'T GO

 

 

BEYOND THE DISCUSSION STAGE OF -- WOULDN'T IT BE

 

 

NICE IF WE HAD THE DATA.

 

 

Q. WHAT INADEQUACIES IN THE DATA WERE IDENTIFIED AT

 

 

THAT POINT THAT RAISED THIS ISSUE?

 

 

A. AS I RECALL, IT DEALT TO A LARGE DEGREE WITH THE

 

 

DESIRE TO HAVE MORE WATER COLUMN PHOSPHORUS

 

 

CONCENTRATION DATA.

 

 

Q. OUT OF 2A ONLY?

 

 

A. 2A.

 

 

Q. WAS DR. RICHARDSON ABLE TO PROVIDE ANY REASSURANCE

 

 

THAT MORE SUCH DATA WOULD BE FORTHCOMING?

DR. RECKHOW VOLUME I PAGE 250

 

 

A. I DON'T THINK THAT HE DID.

 

 

Q. YOU MENTIONED A PROJECT YOU WORKED ON WITH

 

 

TETRA TECH IN THE ADIRONDACKS REGARDING

 

 

ACIDIFICATION OF LAKES. WAS THAT RELATED TO THE

 

 

NATIONAL ACID RAIN PROGRAM THAT WAS SIMILAR TO THE

 

 

PHOSPHORUS PROGRAM YOU DESCRIBED OF TWENTY YEARS

 

 

AGO?

 

 

A. NO. THIS ACTUALLY WAS A PROJECT FUNDED BY THE

 

 

ADIRONDACK LAKE SURVEY CORPORATION, A CONSORTIUM

 

 

OF POWER COMPANIES.

 

 

Q. AND WHAT WAS THE FOCUS OF THAT?

 

 

A. IT WAS TO PROVIDE A -- AN EXTREMELY DETAILED DATA

 

 

SET ON ACIDIFICATION RELATED CHEMISTRY IN A NUMBER

 

 

OF LAKES IN THE ADIRONDACKS, AND SUBSEQUENT

 

 

STATISTICAL ANALYSIS AND INFERENCE.

 

 

Q. IS THERE A RELATIONSHIP, TO YOUR KNOWLEDGE,

 

 

BETWEEN pH LEVELS IN SURFACE WATER BODIES, AND

 

 

PHOSPHORUS BIOCHEMICAL PROCESSES?

 

 

A. I'M NOT AWARE OF ANY. AND THAT'S BECAUSE I'M NOT

 

 

A CHEMIST THAT I'M NOT AWARE OF ANY.

 

 

Q. IN DOING THE ANALYSIS THAT SONG IS GOING TO

 

 

ATTEMPT, RELATING PHOS -- OR GIVING AN EMPIRICAL

 

 

MODEL FOR PHOSPHORUS UPTAKE, DON'T RELATED

 

 

CHEMICAL PROCESSES HAVE TO BE CONSIDERED, IN ORDER

DR. RECKHOW VOLUME I PAGE 251

 

 

TO ASSURE NO SKEWNESS IN HIS INTERPRETATION?

 

 

A. I WILL DEPEND ON MEMBERS OF HIS COMMITTEE TO

 

 

PROVIDE THE SUBSTANTIVE GUIDANCE IN ECOLOGY AND

 

 

CHEMISTRY. CERTAINLY, WHAT HE COMES UP WITH HAS

 

 

TO BE COMPATIBLE WITH THOSE SCIENCES.

 

 

Q. IS IT FAIR TO SAY WHAT YOU'RE -- THE POINT LINE

 

 

IN WHAT YOU JUST SAID IS THAT YOU HAVE TO RELATE A

 

 

MODEL AND MODEL INTERPRETATION, WHICH CAN KIND OF

 

 

OCCUR IN A REMOTE OR IVORY TOWER SENSE, TO THE

 

 

REAL WORLD ENVIRONMENT?

 

 

A. YES, THAT'S ONE INTERPRETATION, YES.

 

 

Q. HAVE YOU EVER SEEN INSTANCES WHERE, YOU KNOW, A

 

 

PURE ACADEMIC MODEL COULD BE CONSTRUCTED THAT IN

 

 

APPLICATION TO THE PHYSICAL ENVIRONMENT WAS FOUND

 

 

TO, IN FACT, HAVE NO PREDICTIVE OR DECISION-MAKING

 

 

VALUE?

 

 

A. YES, WITH REGARDS TO LITTLE PREDICTIVE AND

 

 

DECISION-MAKING VALUE.

 

 

Q. YOU MENTIONED THE COMMITTEE AGAIN, AND THAT YOU

 

 

WOULD CHAIR IT IN YOUR ROLE AS THE FACULTY

 

 

ADVISOR. WAS I CORRECT IN UNDERSTANDING EARLIER

 

 

THAT THAT COMMITTEE HAS NOT BEEN FORMED AS YET?

 

 

A. THAT'S CORRECT.

 

 

Q. HAS THERE BEEN ANY DISCUSSION OF WHO THE NECESSARY

DR. RECKHOW VOLUME I PAGE 252

 

 

MEMBERS OF SUCH A COMMITTEE WOULD BE FOR THIS TYPE

 

 

OF DISSERTATION?

 

 

A. I THINK SONG AND I HAVE SPOKEN ABOUT THAT A COUPLE

 

 

OF TIMES.

 

 

Q. HAVE YOU SPOKEN IN TERMS OF DISCIPLINES OR ACTUAL

 

 

NAMES?

 

 

A. NAMES.

 

 

Q. WHO HAVE YOU BEEN CONSIDERING FOR THAT PURPOSE?

 

 

A. CURT RICHARDSON, IN -- FROM THE SCHOOL OF THE

 

 

ENVIRONMENT, AND ROBERT WOLPERT FROM STATISTICS

 

 

AND DECISION SCIENCES.

 

 

Q. WHOSE SUGGESTION WAS THE INCLUSION OF DR.

 

 

RICHARDSON, YOURS OR---

 

 

A. IT PROBABLY WAS BOTH OF OURS, BECAUSE BOTH OF US

 

 

WOULD -- I CERTAINLY WANT HIM ON THE COMMITTEE,

 

 

AND I SUSPECT SONG DOES, TOO.

 

 

Q. SO, IT WOULD BE FAIR TO SAY THEN, THAT SONG'S

 

 

RELATIONSHIP WITH DR. RICHARDSON, BOTH NOW AND IN

 

 

THE FUTURE, IS GOING TO BE AN INVOLVED AND

 

 

EXTENSIVE ONE?

 

 

A. YES.

 

 

Q. YOU INDICATED THAT FOR SOME PERIOD IN THE PAST,

 

 

AND PERHAPS CURRENTLY AS WELL, SONG, AS IS NORMAL,

 

 

APPARENTLY, FOR Ph.D. CANDIDATES HERE, WORKED AS A

DR. RECKHOW VOLUME I PAGE 253

 

 

TEACHING ASSISTANT?

 

 

A. YES.

 

 

Q. FOR WHOM HAS HE BEEN A TEACHING ASSISTANT?

 

 

A. I -- HE'S A TEACHING ASSISTANT FOR ME, NOW, IN

 

 

DECISION AND RISK ANALYSIS. AS I RECALL, HE WAS A

 

 

TEACHING ASSISTANT FOR BRYANT BROWNE IN WATERSHED

 

 

HYDROLOGY IN THE SCHOOL OF THE ENVIRONMENT; AND I

 

 

BELIEVE, HE WAS A TEACHING ASSISTANT IN A

 

 

STATISTICS COURSE, BUT I'M NOT CERTAIN.

 

 

Q. NOW, YOU DESCRIBED SOME WORK YOU DID ON YOUR

 

 

CONTRACT WITH THE DISTRICT AS SUBCOMMITTEE -- OR

 

 

CHAIR OF A SUBCOMMITTEE OF THE TOC---

 

 

A. YES.

 

 

Q. ---ON WATER QUALITY MONITORING, WAS IT?

 

 

A. YES.

 

 

Q. DID THAT SUBCOMMITTEE COMPLETE ITS WORK?

 

 

A. I DON'T KNOW. WE'VE -- I DON'T THINK SO, BUT

 

 

THAT'S NOT MY RESPONSIBILITY TO DEFINE. THAT'S --

 

 

THE TOC WILL DETERMINE THAT.

 

 

Q. WELL, WHAT ACTUALLY DID YOU DO IN CONNECTION WITH

 

 

THAT?

 

 

A. THAT WORK BEGAN ABOUT A YEAR AGO. I PARTICIPATED

 

 

IN TOC MEETINGS, AND OFFERED COMMENTS -- WRITTEN

 

 

AND ORAL COMMENTS AT THE MEETINGS I ATTENDED

DR. RECKHOW VOLUME I PAGE 254

 

 

CONCERNING MONITORING. AND, OH, GEE, LAST MAY

 

 

OR JUNE, THE CHAIRS OF THE MONITORING COMMITTEE,

 

 

BILL WALKER AND MYSELF; AND THE CHAIRS OF THE

 

 

RESEARCH COMMITTEE, BOB WETZEL AND DAVID LANE,

 

 

WERE ASKED TO COME TO WEST PALM BEACH TO THE

 

 

DISTRICT AND BE LOCKED IN A ROOM AND NOT COME OUT

 

 

UNTIL WE HAD PRODUCED A RESEARCH AND MONITORING

 

 

PLAN.

 

 

Q. PRIOR TO YOUR INVOLVEMENT WITH DR. WALKER ON THIS

 

 

SUBCOMMITTEE, HAD YOU HAD ANY PERSONAL DEALINGS

 

 

WITH HIM IN THE PAST?

 

 

A. I'VE KNOWN BILL WALKER FOR ALMOST TWENTY YEARS.

 

 

Q. WERE YOU AT HARVARD TOGETHER?

 

 

A. YES.

 

 

Q. I ASSUME, THEN, YOU HAVE AS HIGH AN OPINION OF HIM

 

 

AS HE HAS OF YOU?

 

 

A. YES.

 

 

Q. WERE YOU PRESENT AT TOC OR TOC SUBCOMMITTEE

 

 

MEETINGS OTHER THAN THE SUBCOMMITTEE THAT YOU

 

 

CO-CHAIRED?

 

 

A. WELL, I WAS PRESENT AT PERHAPS FOUR OR FIVE TOC

 

 

MEETINGS, YEAH.

 

 

Q. WERE BRIEFINGS PROVIDED BY NON-TOC MEMBERS ON

 

 

SELECT SUBJECTS AT THE MEETINGS YOU ATTENDED?

DR. RECKHOW VOLUME I PAGE 255

 

 

A. I THINK THEY MAY HAVE BEEN. I THINK THAT'S

 

 

PROBABLY THE CASE.

 

 

Q. DID YOU KEEP HANDOUTS FROM THE TOC MEETINGS THAT

 

 

YOU ATTENDED?

 

 

A. YEAH.

 

 

Q. SO, YOU'D BE ABLE TO TELL FROM THE HANDOUTS WHAT

 

 

MEETINGS YOU WERE AT, OR DO YOU PERHAPS HAVE A

 

 

CALENDAR THAT WOULD SHOW?

 

 

A. I HAVE A CALENDAR, WHICH WOULD INDICATE WHEN I

 

 

WENT TO MEETINGS, YEAH.

 

 

MR. FITZGERALD: DO YOU THINK YOU COULD

 

 

PROVIDE THAT TO US AS A SUPPLEMENT, THE

 

 

LISTING OF THE TOC MEETINGS THAT DR. RECKHOW

 

 

ATTENDED? I DON'T THINK TOC NECESSARILY KEPT

 

 

ANY KIND OF FORMAL LIST OF, YOU KNOW, PEOPLE

 

 

THAT WERE THERE WHO WERE NOT ACTIVELY

 

 

PARTICIPATING.

 

 

MS. STINSON: YEAH, I WOULD SUGGEST

 

 

WRITING ME A LETTER REQUESTING THAT, BUT

 

 

WE COULD DO THAT.

 

 

MR. FITZGERALD: I WILL ADD THAT, YEAH.

 

 

THAT'S NO BIG PROBLEM IF -- IT'S THAT, I

 

 

MEAN, YOU KNOW, IF THE STUFF IS STASHED AWAY

 

 

SOMEWHERE, MAYBE WE'LL FIND IT SOMEHOW.

DR. RECKHOW VOLUME I PAGE 256

 

 

WITNESS: OKAY. I'VE GOT THAT.

 

 

Q. (BY MR. FITZGERALD) DO YOU RECALL WHO MADE ANY OF

 

 

THOSE, SORT OF CAMEO APPEARANCES AND

 

 

PRESENTATIONS?

 

 

A. NOT PRECISELY. MY RECOLLECTION IS THAT WE HAD

 

 

PRESENTATIONS EITHER FROM DISTRICT STAFF OR STATE

 

 

AGENCY STAFF.

 

 

Q. IN DESIGNING OR ASSISTING IN THE DESIGN OF A WATER

 

 

QUALITY MONITORING SYSTEM, DID YOU HAVE OCCASION

 

 

TO REVIEW THE EXISTING LOCATIONS OF MONITORING

 

 

STATIONS MAINTAINED BY THE VARIOUS AGENCIES

 

 

PARTICIPATING IN TOC?

 

 

A. NOT TO THIS POINT, WE HAVEN'T. OUR DESIGN --

 

 

OUR REPORT THAT WE PRODUCED AFTER THAT TWO-DAY

 

 

MEETING I MENTIONED A FEW MINUTES AGO, WAS MORE

 

 

GENERAL IN ITS GUIDANCE, AND WAS NOT SPECIFIC WITH

 

 

REGARDS TO LOCATIONS AND TIMES AND FREQUENCIES AND

 

 

SO ON.

 

 

Q. OKAY. DID -- AS PART OF CONSIDERING THAT, WAS

 

 

THERE NO CONSIDERATION OF THE EXISTING SYSTEM; HOW

 

 

IT WAS SET UP AND ITS PHILOSOPHY IN TERMS OF

 

 

TIME---

 

 

A. NO. ON THE CONTRARY, WE, BILL WALKER AND I FELT

 

 

VERY STRONGLY THAT THE -- THAT SUBSEQUENT

DR. RECKHOW VOLUME I PAGE 257

 

 

MONITORING HAD TO TAKE INTO CONSIDERATION WHAT

 

 

ALREADY EXISTED, AND SO THAT WAS A -- THAT WAS A

 

 

STRONGLY STATED POINT.

 

 

Q. SO, IT WOULD BE A FAIR UNDERSTANDING THAT YOU

 

 

WOULD HAVE LOOKED AT, FOR EXAMPLE, THE TYPE OF

 

 

SAMPLING THAT HAD BEEN DONE, HISTORICALLY, BY THE

 

 

ARMY CORPS OF ENGINEERS IN CERTAIN PLACES?

 

 

A. NO. BECAUSE OUR -- AS I SAID A MOMENT AGO, OUR

 

 

GUIDANCE WAS GENERAL, AND IT WAS TO THE EFFECT OF

 

 

SAYING, BEFORE YOU DESIGN A PROGRAM, LOOK AT WHAT

 

 

YOU ALREADY HAVE, AND HAVE YOUR DESIGN FILL IN AS

 

 

NEEDED. WE WERE TO -- I SPOKE WITH TOM FONTAINE

 

 

WHEN I WAS DOWN AT THE DISTRICT IN EARLY FEBRUARY

 

 

FOR THE -- THE TRIP WAS FOR THE LAKE OKEECHOBEE

 

 

DECISION ANALYSIS, AND WE TENTATIVELY SCHEDULED A

 

 

MEETING INVOLVING TOM FONTAINE, BILL WALKER AND

 

 

MYSELF AT THE DISTRICT FOR MID-FEBRUARY. AND I

 

 

HAD TO CANCEL BECAUSE OF A SCHEDULE CONFLICT, BUT

 

 

THAT MEETING WAS TO BEGIN THE WORK YOU JUST

 

 

IDENTIFIED.

 

 

Q. WERE YOU AWARE, AT THE TIME YOU WERE DOING THIS

 

 

WORK, THAT THE DISTRICT, FOR EXAMPLE, HAD BEEN

 

 

COLLECTING WATER QUALITY DATA, AT ITS MAJOR

 

 

STRUCTURES, DISCHARGING FROM THE EVERGLADES

DR. RECKHOW VOLUME I PAGE 258

 

 

AGRICULTURAL AREA, INTO THE EVERGLADES PROTECTION

 

 

AREA, AS DEFINED IN THE SWIM PLAN?

 

 

A. I WAS AWARE THAT THE DISTRICT HAD AN EXTENSIVE

 

 

WATER QUALITY MONITORING PROGRAM, BUT HADN'T

 

 

LOOKED AT THE SPECIFICS.

 

 

Q. THE DATA SET THAT YOU DESCRIBED, PROVIDED TO YOU

 

 

BY DR. JOHN DAVIS, FROM ESP, FOR THE WORK YOU DID

 

 

TWO YEARS AGO, THAT WAS DISTRICT DATA FROM THAT

 

 

MONITORING SYSTEM?

 

 

A. MY RECOLLECTION IS THAT IT WAS.

 

 

Q. WERE YOU PROVIDED BY DR. DAVIS A DATA SET FOR LAKE

 

 

OKEECHOBEE AS PART OF THAT?

 

 

A. NOT AS PART OF THAT PROJECT. AS PART OF THE WORK

 

 

THAT I MENTIONED YESTERDAY---

 

 

Q. THE EARLIER?

 

 

A. ---ON LAKE -- THE EARLIER WORK ON LAKE OKEECHOBEE,

 

 

WE WERE.

 

 

Q. SO, YOU WERE AWARE FROM THE EARLIER WORK THAT

 

 

WATER QUALITY DATA WAS DEVELOPED AND MAINTAINED

 

 

FOR THE DISCHARGE POINTS FROM LAKE OKEECHOBEE?

 

 

A. I WAS AWARE THAT THERE WAS A SUBSTANTIAL INPUT,

 

 

OUTPUT, AND IN-LAKE WATER QUALITY DATA SET FOR

 

 

OKEECHOBEE, YES.

 

 

Q. WERE YOU AWARE OF THE DATA SET FOR INFLOWS TO

DR. RECKHOW VOLUME I PAGE 259

 

 

EVERGLADES NATIONAL PARK, FROM THE S-12 AND S-333

 

 

STRUCTURES?

 

 

A. I CAN'T COMMENT WITH REGARDS TO SPECIFIC

 

 

STRUCTURES, BUT AS I MENTIONED, I WAS AWARE THERE

 

 

WAS AN EXTENSIVE DISTRICT WATER QUALITY DATA SET

 

 

IN THE EVERGLADES.

 

 

Q. IN YOUR WORK WITH THE TOC SUBCOMMITTEE, WITH THEIR

 

 

REVIEW OF THE PORTIONS OF THE SWIM PLAN YOU

 

 

REVIEWED, WERE YOU AWARE THAT THE FOUR MAJOR

 

 

DISCHARGE STRUCTURES FROM THE EAA, FROM THE

 

 

AGRICULTURAL AREA, S-5A, S-6, S-7 AND S-8, BEING

 

 

THEIR NUMBERS, WERE ALSO SITES OF DATA COLLECTION

 

 

FOR -- BY THE DISTRICT?

 

 

A. AS I SAID BEFORE, I WAS AWARE OF THE EXTENSIVE

 

 

DATA SET. MY REVIEW DIDN'T INVOLVE SPECIFIC --

 

 

LOOK AT SPECIFIC WATER QUALITY DATA FOR THE

 

 

MONITORING TO THIS POINT IN TIME.

 

 

Q. TO DO A REGRESSION ANALYSIS ON DATA, YOU WOULD

 

 

NEED A FAIRLY SIZEABLE DATA SET FROM THE SPECIFIC

 

 

POINT, TO HAVE ANY VALIDITY, WOULD YOU NOT?

 

 

A. TO DO A REGRESSION ANALYSIS ON DATA, YOU NEED A

 

 

DATA SET WITH A RESPONSE VARIABLE AND A PREDICTOR

 

 

VARIABLE, AT A MINIMUM.

 

 

Q. IN THE WORK YOU DID TWO YEARS AGO, WHAT PREDICTOR

DR. RECKHOW VOLUME I PAGE 260

 

 

VARIABLE DID YOU USE?

 

 

MR. RUSSELL: I'M GOING TO TAKE A

 

 

BREAK FOR JUST A MINUTE.

 

 

(THEREUPON, MR. RUSSELL

 

 

LEAVES CONFERENCE ROOM.)

 

 

A. I WAS PREDICTING PHOSPHORUS CONCENTRATION.

 

 

Q. FROM WATER DEPTH?

 

 

A. FROM WATER DEPTH.

 

 

Q. SO, THAT WOULD BE THE RESPONSE VARIABLE?

 

 

A. THE RESPONSE VARIABLE WAS THE PHOSPHORUS

 

 

CONCENTRATION, AND THE PREDICTOR VARIABLE WAS

 

 

WATER DEPTH.

 

 

Q. WATER DEPTH?

 

 

A. UH-HUH (YES).

 

 

Q. OKAY. YOU STATED EARLIER THAT YOU EXPECTED TO SEE

 

 

A RELATIONSHIP, BASED ON ALL YOUR PRIOR EXPERIENCE

 

 

AND KNOWLEDGE IN THE AREA WHICH I PRESUME INCLUDES

 

 

THE PHOSPHORUS STUDY FROM TWENTY YEARS BACK, THAT

 

 

DATA COLLECTION AND OTHER THINGS?

 

 

A. YES.

 

 

Q. DID YOU FIND -- WELL, AS I UNDERSTOOD YOUR

 

 

TESTIMONY YESTERDAY, YOUR PRIOR WORK IN THIS AREA,

 

 

PRIMARILY, WAS RELATED TO STREAMS AND FRESHWATER

 

 

LAKES?

††††††††††††倠䥒䅍䥒奌‬䅗⁓䕒䅌䕔⁄佔匠剔䅅卍䄠䑎䘠䕒䡓䅗䕔൒ഊ ††††††††††††䅌䕋㽓఍

DR. RECKHOW VOLUME I PAGE 261

 

 

A. LAKES, PRIMARILY.

 

 

Q. LAKES, OKAY. HAVE YOU EVER HAD OCCASION TO

 

 

EXAMINE, SPECIFICALLY, THE DIFFERENCES IN

 

 

PHOSPHORUS UPTAKE DYNAMICS BETWEEN LAKE SYSTEMS

 

 

AND WETLAND SYSTEMS?

 

 

A. NO, THAT HASN'T BEEN A PART OF RESEARCH THAT I'VE

 

 

CONDUCTED.

 

 

Q. AT ONE POINT, AS YOU MAY BE AWARE, DR. RICHARDSON

 

 

PRESENTED TO THE -- ARE YOU FAMILIAR WITH THE SAGE

 

 

COMMITTEE?

 

 

A. I'M JUST FAMILIAR WITH ITS EXISTENCE, YEAH.

 

 

Q. AT ONE POINT, AS YOU MAY OR MAY NOT BE AWARE,

 

 

DR. RICHARDSON MADE A PRESENTATION TO SAGE IN

 

 

WHICH HE PRESENTED SOME STATISTICAL ANALYSIS

 

 

SUGGESTING CERTAIN SETTLING RATES IN WCA-2A, BASED

 

 

ON TRANSECT DATA THAT HE HAD COLLECTED; BUT IN

 

 

DEFENDING THE PHOSPHORUS UPTAKE RATE OR SETTLING

 

 

RATE, IDENTIFIED IN HIS DOCUMENTATION, HE STATED

 

 

THAT HE WAS NOT REALLY A STATISTICIAN AND HE

 

 

HADN'T REALLY WORKED UP THE NUMBERS AND KIND OF --

 

 

WELL, LET'S JUST SAY THAT IT DIDN'T COME TO

 

 

CLOSURE ON THAT DAY. HAD YOU HAD ANY INVOLVEMENT

 

 

OR REVIEW CAPACITY ON THAT PARTICULAR SETTLING

 

 

RATE ANALYSIS?

DR. RECKHOW VOLUME I PAGE 262

 

 

Q. NO.

 

 

A. DO YOU KNOW WHO DID IT?

 

 

A. NO.

 

 

Q. WOULD YOU KNOW, NECESSARILY, IF SONG, FOR EXAMPLE,

 

 

HAD CONTRIBUTED TO THAT?

 

 

A. I PROBABLY WOULD KNOW.

 

 

Q. GOING BACK TO THE BUSINESS ABOUT THE RELATIONSHIP

 

 

BETWEEN DEPTH AND CONCENTRATIONS, DID YOU FIND,

 

 

BASED ON ALL YOUR WORK AND EXPERIENCE, THAT THE

 

 

RELATIONSHIP WAS AS PRONOUNCED IN WETLANDS DATA

 

 

SETS AVAILABLE TO YOU, THAT YOU ANALYZED, AS YOU

 

 

HAD SEEN IN LAKE COMMUNITIES?

 

 

A. IT DID NOT -- IT DIDN'T -- THE STUDIES -- THE

 

 

STUDY IN THE WETLANDS AND AT THOSE STRUCTURES,

 

 

AND THE WORK I'VE DONE IN THE PAST, WERE OF A

 

 

DIFFERENT ENOUGH NATURE, THAT THEY DIDN'T

 

 

IMMEDIATELY RELATE TO EACH OTHER, OTHER THAN TO

 

 

SAY THAT DEEPER WATER BODIES TEND TO HAVE LOWER

 

 

CONCENTRATIONS. THE EXACT STATISTICAL

 

 

RELATIONSHIPS WERE LOOKED AT IN A DIFFERENT ENOUGH

 

 

WAY THAT IT WASN'T A -- THERE WASN'T THE IMMEDIATE

 

 

COMPARISON AND THERE WAS NO REASON TO COMPARE, SO

 

 

I DIDN'T LOOK AT THAT ISSUE.

 

 

Q. DID YOU EVER CONSIDER WHETHER THAT'S SIMPLY A

DR. RECKHOW VOLUME I PAGE 263

 

 

FUNCTION OF THE QUALITY OF THE -- AND SOURCE OF

 

 

INFLOWS THAT WOULD ESTABLISH THE GREATER DEPTHS OR

 

 

RESIDENCE TIMES?

 

 

A. I EXPECTED IT, AGAIN, BECAUSE OF EXPERIENCE. I

 

 

ALSO EXPECTED IT BECAUSE IT'S A GENERAL -- IT'S

 

 

A GENERAL DESIGN CRITERION FOR SETTLING BASINS;

 

 

AND SO, I JUST EXPECT THAT DEEPER WATER BODIES

 

 

WILL HAVE LESSER CONCENTRATION, SO I WASN'T

 

 

SURPRISED.

 

 

Q. HAVE YOU HAD ANY INVOLVEMENT IN THE DESIGN OR

 

 

STATISTICAL ANALYSIS OF SETTLING PONDS OR BASINS

 

 

FOR EITHER NUTRIENT OR OTHER MATERIAL REMOVAL FROM

 

 

WASTEWATER TREATMENT OR THE RELATED FIELDS?

 

 

A. NOT SINCE A CLASS PROJECT IN GRADUATE SCHOOL.

 

 

Q. WHAT PROJECT WAS THAT?

 

 

A. THIS WAS JUST PART OF A CLASS ASSIGNMENT TWENTY

 

 

YEARS AGO. I LOOKED AT SETTLING BASINS AND DESIGN

 

 

FOR TRAPPING CONTAMINATES.

 

 

Q. IN BRINGING ALL YOUR EXPERIENCE AND KNOWLEDGE TO

 

 

BEAR ON ADVISING AND REVIEWING THE DISSERTATION

 

 

EFFORTS AND THE PRELIMINARY EFFORTS BY MR. SONG,

 

 

WON'T YOU NECESSARILY BE APPLYING, AS WELL, THE

 

 

KNOWLEDGE, UNDERSTANDING AND CONCLUSIONS YOU DREW

 

 

FROM THE WORK YOU DID FOR PEEPLES, EARL TWO YEARS

DR. RECKHOW VOLUME I PAGE 264

 

 

AGO ON THE DISCHARGE STRUCTURES IN THE EAA?

 

 

A. I -- AS I HAD MENTIONED BEFORE THE BREAK, I DON'T

 

 

SEE HOW THAT IS GOING TO RELATE AT ALL, OTHER THAN

 

 

IN THE GENERAL SENSE OF DEPTH; CONCENTRATION

 

 

RELATIONSHIPS.

 

 

Q. DR. RICHARDSON, DURING HIS DEPOSITION, SAID YOU

 

 

HAD BEEN RETAINED BY THE CO-OP IN 1992. WOULD

 

 

THAT STATEMENT BY DR. RICHARDSON SQUARE WITH YOUR

 

 

RECOLLECTION OR ASSIST YOU AT ALL IN KIND OF

 

 

NARROWING DOWN WHEN THAT OCCURRED OR---

 

 

MS. STINSON: OBJECTION.

 

 

MR. FITZGERALD: YOU CAN STILL

 

 

ANSWER IT.

 

 

WITNESS: OH, OKAY.

 

 

A. THE CO-OP IS -- AS I UNDERSTAND -- I DON'T THINK

 

 

I'VE EVER BEEN RETAINED BY THE CO-OP.

 

 

Q. YOU UNDERSTAND THE CO-OP IS REPRESENTED BY BILL

 

 

GREEN, AND---

 

 

A. YES.

 

 

Q. ---RETAINS CURTIS POLLMAN, THE PEOPLE TO WHOM YOU

 

 

WERE SENDING THE REPORTS?

 

 

A. YEAH, I DON'T -- YEAH, AS I MENTIONED BEFORE TO

 

 

BEN, I -- MY WORK WITH BILL GREEN INVOLVES THE

 

 

GIFTS TO THE WETLAND CENTER; AND AS SONG'S

DR. RECKHOW VOLUME I PAGE 265

 

 

ADVISOR. I'M NOT A CONSULTANT TO THEM.

 

 

Q. SO, TO THE EXTENT DR. RICHARDSON SAID THAT, THEN,

 

 

IT WAS -- IT WOULD BE IN YOUR VIEW THEN, JUST A

 

 

LOOSE USE OF THE TERM RETAINED?

 

 

A. I THINK THAT'S THE CASE, YEAH.

 

 

Q. DOES THE WETLAND CENTER, TO YOUR KNOWLEDGE, HAVE

 

 

ANY MECHANISM IN PLACE FOR DISTRIBUTING SUCH

 

 

PRELIMINARY REPORTS OR SIMPLY REPORTS AS EXHIBITS

 

 

23 AND 25 TO MEMBERS OF THE GENERAL PUBLIC, WHO

 

 

HAVE NO CONTRACTUAL OR ACADEMIC RELATIONSHIP WITH

 

 

THE CENTER?

 

 

A. I CAN'T---

 

 

MR. RUSSELL: OBJECTION TO FORM.

 

 

A. ---I CAN'T SPEAK FOR THE CENTER. I DON'T THINK --

 

 

MY HUNCH IS THEY DON'T HAVE A GENERAL APPROACH TO

 

 

THIS. IT WOULD DEPEND ON EACH INDIVIDUAL

 

 

DOCUMENT.

 

 

Q. DID YOU, TO YOUR RECOLLECTION, EVER PROVIDE EITHER

 

 

23 OR 25 TO MR. GREEN OR TO CURTIS POLLMAN?

 

 

A. GEE, I DON'T THINK THAT I DID.

 

 

Q. DO YOU KNOW IF YOUR STUDENT, SONG, DID SO?

 

 

A. HE MAY HAVE.

 

 

Q. BUT YOU DON'T---

 

 

A. I DON'T---

DR. RECKHOW VOLUME I PAGE 266

 

 

Q. ---YOU DON'T KNOW?

 

 

A. NO, HUH-UH (NO).

 

 

Q. IN YOUR WORK BACK ON LAKE OKEECHOBEE, SOMETIME

 

 

BACK, DID YOU DO A BAYESIAN ANALYSIS?

 

 

MR. RUSSELL: I'M GOING TO INSTRUCT

 

 

HIM NOT TO ANSWER IT, UNLESS IT'S -- YOU'RE

 

 

TALKING ABOUT NOW -- ARE YOU BACK ON THE WORK

 

 

THAT WAS DONE ON BEHALF OF---

 

 

MR. FITZGERALD: NO. I SAID LAKE

 

 

OKEECHOBEE.

 

 

WITNESS: THIS IS FOR---

 

 

MR. FITZGERALD: THIS IS THE OTHER LAKE.

 

 

WITNESS: ---LANDIS AND PARSONS, IS

 

 

THAT---

 

 

MR. RUSSELL: OKAY, YEAH, THAT'S --

 

 

YEAH, YEAH, THAT'S ALSO ON BEHALF OF MY

 

 

CLIENT. AND I'M GOING TO INSTRUCT YOU NOT

 

 

TO ANSWER ABOUT THE SPECIFICS OF THAT. YOU

 

 

CAN TALK ABOUT THE GENERALITIES OF WHAT THE

 

 

WORK WAS. IF IT'S---

 

 

MR. FITZGERALD: COUNSEL, I'M ASKING

 

 

ONLY GENERALITIES.

 

 

WITNESS: YEAH.

 

 

MR. RUSSELL: YEAH, AND SINCE I'M NOT

DR. RECKHOW VOLUME I PAGE 267

 

 

SURE WHAT WOULD BE CONSIDERED AS A -- IF

 

 

IT'S A GENERAL QUESTION ABOUT IT, THAT'S

 

 

FINE.

 

 

A. NO.

 

 

Q. DID YOU USE THE SEASONAL KENDALL TEST?

 

 

A. NO.

 

 

Q. CAN YOU DISTINGUISH FOR ME THE DIFFERENCE BETWEEN

 

 

THE SEASONAL KENDALL AND THE KENDALL TAU?

 

 

A. YEAH. THE KENDALL TAU IS A -- IS A NON-PARAMETRIC

 

 

MEASURE OF ASSOCIATION OR CORRELATION THAT WAS

 

 

PROPOSED BY KENDALL, A STATISTICIAN. A SEASONAL

 

 

KENDALL IS AN ADOPTION OF THAT STATISTIC, FOR THE

 

 

PURPOSE OF LOOKING AT -- TESTING FOR TRENDS IN

 

 

SERIES DATA WHEN THERE IS A SEASONAL PATTERN IN

 

 

THE DATA.

 

 

Q. WHAT DOES SEASONAL PATTERN MEAN?

 

 

A. SEASONAL PATTERN REFERS TO THE FACT THAT THERE --

 

 

THAT IN -- IF I CAN BE SPECIFIC WITH REGARDS TO

 

 

CONCENTRATION, CONCENTRATION IS AFFECTED, OR

 

 

VARIES IN A SYSTEMATIC WAY, SEASON BY SEASON.

 

 

Q. YOU'RE TALKING ABOUT SEASON IN THE GRAND SCHEME OF

 

 

YOU KNOW, SUMMER, FALL, WINTER, OR ARE YOU TALKING

 

 

MONTHLY, OR?

 

 

A. SEASON CAN BE -- SEASON CAN BE DEFINED HOWEVER YOU

DR. RECKHOW VOLUME I PAGE 268

 

 

WOULD LIKE TO, WITHIN THE CONSTRAINTS OF THE

 

 

STATISTICAL PROGRAM.

 

 

Q. SO, YOU VIEW IT AS ANOTHER PARAMETER THAT'S

 

 

SUBJECT TO DEFINITION?

 

 

A. WELL, YES, IT COULD BE DEFINED AS THE TRADITIONAL

 

 

FALL, SPRING, OR MONTHLY, OR WEEKLY.

 

 

Q. WHAT IS YOUR STUDENT SONG'S BACKGROUND, PRIOR TO

 

 

BEING ACCEPTED INTO THE PROGRAM BY YOU, UNDER YOUR

 

 

WING. I ASSUME YOU HAVE REASON TO INQUIRE INTO

 

 

THAT, AND BECOME FAMILIAR WITH HIM.

 

 

A. SONG -- SONG'S BACKGROUND -- GEE, AND I HAVE TO

 

 

ADMIT, I, WITH EIGHT Ph.D. STUDENTS, I CAN'T BE

 

 

PRECISE ON EACH ONE'S BACKGROUND. I'M FAIRLY

 

 

CERTAIN SONG'S BACKGROUND IS IN ENGINEERING IN

 

 

THE PEOPLE'S REPUBLIC OF CHINA. WHAT WAS

 

 

NOTEWORTHY IN HIS BACKGROUND TO ME IS HE HAD A

 

 

YEAR AT TUFTS UNIVERSITY, INVOLVED WITH WATER

 

 

QUALITY MODELING.

 

 

Q. WHO WAS HE WORKING WITH AT TUFTS?

 

 

A. HE WAS WORKING WITH DR. LIN BROWN.

 

 

Q. DO YOU KNOW WHAT TYPE OF WQ MODELING THEY WERE

 

 

DOING?

 

 

A. LIN WAS INVOLVED AT THE TIME WITH THE QUAL2E, A

 

 

SURFACE WATER QUALITY MODEL FOR STREAMS, AND HE

DR. RECKHOW VOLUME I PAGE 269

 

 

WAS INVOLVED IN UNCERTAINTY ANALYSIS WITH THAT

 

 

MODEL.

 

 

Q. QUAL2E, IS THAT THE EPA PROGRAM?

 

 

A. YES. YES.

 

 

Q. WERE THEY MODIFYING IT FOR SOME REASON?

 

 

A. LIN WAS INVOLVED -- WAS HELPING EPA ADD AN

 

 

UNCERTAINTY ANALYSIS COMPONENT TO IT.

 

 

Q. WHAT'S A BAYESIAN ANALYSIS---

 

 

A. A BAYESIAN ANALYSIS---

 

 

Q. ---OTHER THAN AN ANALYSIS NAMED AFTER DR. BAYES.

 

 

A. YES, THAT'S RIGHT. IT INVOLVES USE OF BAYES'

 

 

THEOREM.

 

 

Q. WHICH, CAN YOU PUT INTO LAYMEN'S TERM FOR US?

 

 

A. YES. A BAYES' THEOREM IS A WAY OF COMBINING

 

 

INFORMATION THAT EXPRESS -- IS EXPRESSED

 

 

PROBABLISTICALLY; INFORMATION THAT MIGHT BE

 

 

OBTAINED FROM DIFFERENT SOURCES; POOLING

 

 

INFORMATION, IN EFFECT.

 

 

Q. OKAY. WOULD THAT BE A MORE APPROPRIATE ANALYSIS

 

 

METHOD, IF YOUR DATA SET WAS SCATTERED OR

 

 

INCOMPLETE, THAN SOMETHING LIKE A KENDALL TEST?

 

 

A. THE TWO ARE NOT COMPARABLE IN THE SENSE -- IN THE

 

 

SENSES THAT YOUR QUESTION DESCRIBES. IN OTHER

 

 

WORDS, I WOULDN'T THINK OF -- FOR ANY PARTICULAR

DR. RECKHOW VOLUME I PAGE 270

 

 

ANALYSIS, CHOOSING A KENDALL TEST OR A BAYESIAN

 

 

ANALYSIS.

 

 

Q. OKAY. HOW DO YOU DETERMINE WHAT STATISTICAL

 

 

ANALYSIS METHOD TO USE IN CONDUCTING A REVIEW OR

 

 

ANALYSIS OF A PARTICULAR DATA SET? WHAT TYPE OF

 

 

FACTORS DO YOU BRING TO BEAR ON THAT?

 

 

A. I LOOK AT THE NATURE OF THE QUESTION, WHAT'S BEING

 

 

ASKED, AND THE NATURE OF THE INFORMATION BASE.

 

 

Q. A QUESTION I DIDN'T FOLLOW UP BEFORE---

 

 

A. YEAH.

 

 

Q. ---WHILE HE WAS AT TUFTS, WAS SONG GETTING A

 

 

MASTER'S?

 

 

A. HE WAS NOT. HE WAS JUST THERE FOR A YEAR, IN AN

 

 

EXCHANGE SORT OF PROGRAM, AND THEN HE WENT BACK TO

 

 

WORK WITH AN AGENCY IN THE PEOPLE'S REPUBLIC.

 

 

Q. OKAY. YOU MENTIONED SOME WORK YOU DID FOR

 

 

CH2M-HILL, OR DID SOME WORK WITH THEM ON A NUMBER

 

 

OF OCCASIONS. SO, WHAT WAS THE AREA OF INQUIRY IN

 

 

THAT ONE?

 

 

A. MY RECOLLECTION IS THAT I WORKED WITH THEM ONLY

 

 

ONCE, AND THAT WAS TO ASSIST THEM WITH SOME LAKE

 

 

WATER QUALITY MODELING AND STATISTICAL ANALYSIS ON

 

 

LAKE McGORY IN ST. PETERSBURG.

 

 

Q. AND THAT'S A LAKE THAT'S SUBJECTED TO WASTEWATER

DR. RECKHOW VOLUME I PAGE 271

 

 

RUNOFF FROM URBAN AREAS?

 

 

A. STORMWATER RUNOFF, YEAH.

 

 

Q. STORMWATER?

 

 

A. YEAH.

 

 

Q. OKAY. WHAT TYPE OF STATISTICAL ANALYSIS DID YOU

 

 

SUBJECT THE DATA SETS THERE TO?

 

 

A. I DON'T REMEMBER, PRECISELY, BUT IT SEEMED TO ME

 

 

I HELPED THEM IN IDENTIFYING STATISTICS FOR

 

 

SUMMARIZING DATA SETS AND ASSISTED THEM WITH AN

 

 

APPLICATION OF MODELS.

 

 

Q. IN YOUR PRELIMINARY REVIEW WITH SONG OF THE DATA

 

 

SETS THAT HE WILL BE ANALYZING, HAVE YOU MADE A

 

 

JUDGMENT AS TO WHAT WOULD BE THE MOST APPROPRIATE

 

 

STATISTICAL METHOD TO APPLY?

 

 

A. YEAH. AS I MENTIONED EARLIER, IT'S OUR HOPE TO

 

 

USE A NON-PARAMETRIC REGRESSION APPROACH; LOOKING

 

 

AT THE DATA SETS.

 

 

Q. OKAY. WHAT DO YOU MEAN WHEN YOU SAY

 

 

NON-PARAMETRIC?

 

 

A. IN THAT PARTICULAR USE OF THE WORD, I'M REFERRING

 

 

TO METHODS THAT DO NOT REQUIRE AN ASSUMPTION OF AN

 

 

UNDERLYING PROBABILITY MODEL, LIKE A NORMAL

 

 

DISTRIBUTION.

 

 

Q. DO YOU HAVE REASON TO BELIEVE THAT THERE, IN FACT,

DR. RECKHOW VOLUME I PAGE 272

 

 

IS NOT A NORMAL DISTRIBUTION OF THE DATA IN WATER

 

 

DEPTH AND CONCENTRATION DATA SETS SUCH AS WILL BE

 

 

EMPLOYED BY SONG?

 

 

A. I HAVE -- I BELIEVE THAT THE FEWER ASSUMPTIONS

 

 

WE IMPOSE ON THE DATA, THE MORE WE CAN ALLOW THE

 

 

DATA TO HELP US IDENTIFY RELATIONSHIPS AND

 

 

PATTERNS.

 

 

Q. IF YOU WERE ADVISED BY A FIELD EXPERT THAT, IN

 

 

FACT, THE DATA SETS HAD DEMONSTRATED A NORMAL

 

 

DISTRIBUTION OR ANY DATA SET REPRESENTED, IN FACT,

 

 

EMBODIES A NORMAL DISTRIBUTION, WOULD THAT BE A

 

 

FACTOR THAT WOULD LEAD YOU TO SELECTION OF A

 

 

DIFFERENT STATISTICAL METHOD?

 

 

A. IF THE NATURE OF THE ANALYSIS WAS SUCH THAT WE

 

 

HAD OPTIONS WITH EITHER MAKING AN ASSUMPTION OF

 

 

NORMALITY OR NOT, AND IF I BELIEVED THE FIELD

 

 

PERSON, YES.

 

 

Q. SO, YOU TRY AND FACTOR INTO YOUR SELECTION BOTH

 

 

REAL WORLD KNOWLEDGE, AND KNOWLEDGE OF THE

 

 

WEAKNESS OR AREAS OF VARIANCE BETWEEN THE

 

 

STATISTICAL METHODS AVAILABLE TO YOU TO APPLY?

 

 

A. YES, YES.

 

 

Q. EACH OF THE METHODS WE MENTIONED EARLIER, THE

 

 

BAYESIAN OR THE SEASONAL KENDALL, THE KENDALL TAU

DR. RECKHOW VOLUME I PAGE 273

 

 

OR EVEN THE REGRESSION -- NON-PARAMETRIC

 

 

REGRESSION, YOU WERE MENTIONING MORE RECENTLY,

 

 

EACH OF THOSE HAS DIFFERENT STRENGTHS; DIFFERENT

 

 

WEAKNESSES?

 

 

A. YES, UH-HUH (YES).

 

 

Q. IN A REGRESSION ANALYSIS, WHAT IS THE R SQUARED

 

 

TERM, OR R-2 TERM GENERALLY MEANT TO CONNOTE?

 

 

A. IT INDICATES THE PERCENT OF THE VARIANCE IN THE

 

 

RESPONSE VARIABLE THAT IS EXPLAINED BY THE

 

 

PREDICTIVE RELATIONSHIP.

 

 

Q. IS MY NON-TECHNICAL UNDERSTANDING OF THAT, THAT

 

 

IT, BASICALLY, TELLS YOU---

 

 

A. SOME MEASURE OF HOW GOOD THE MODEL IS.

 

 

Q. OKAY. HOW WELL THE MODEL FITS YOUR DATA FIELD?

 

 

A. YEAH.

 

 

Q. OKAY. AND, SO, IT REALLY TELLS YOU HOW CLOSE

 

 

YOUR MODEL IS TO ACCOUNTING FOR ALL YOUR DATA

 

 

SET?

 

 

A. IT'S ONE INDICATOR OF THAT. AS YOU SAID, THERE

 

 

ARE STRENGTHS AND WEAKNESSES OF ANY STATISTIC.

 

 

Q. AND IN A REGRESSION MODEL, THE HIGHEST THAT COULD

 

 

BE WOULD BE 1.0---

 

 

A. THAT'S---

 

 

Q. ---WHICH WOULD BE A PERFECT FIT?

DR. RECKHOW VOLUME I PAGE 274

 

 

A. ---CORRECT.

 

 

Q. IN THE FIELD OF SURFACE WATER QUALITY MODELING, IN

 

 

YOUR EXPERIENCE OF TWENTY YEARS, THIS IS WHAT

 

 

YOU'VE BEEN DOING; YOU'RE DEALING WITH A SCIENCE;

 

 

IT'S NOT LIKE THE MEDICAL SCIENCE WHERE THEY LOOK

 

 

FOR AN R-2 IN THE .95 RANGE BEFORE THEY'RE HAPPY.

 

 

WHAT, IN YOUR EXPERIENCE, IS A REASONABLY STRONG

 

 

FIT FOR THIS KIND OF DATA?

 

 

A. IT DEPENDS ENORMOUSLY ON THE RELATIONSHIP YOU'RE

 

 

LOOKING AT.

 

 

Q. WHAT WOULD SATISFY YOU IF YOU WERE LOOKING AT

 

 

P CONCENTRATIONS?

 

 

A. IT WOULD DEPEND ON THE NATURE OF THE DATA. IF I

 

 

WAS LOOKING AT THE NORTH AMERICAN -- A

 

 

CROSS-SECTIONAL DATA SET, LIKE THE NORTH AMERICAN

 

 

DATA SET, TO -- AND THE MODELING WAS DONE

 

 

CORRECTLY, THE STATISTICAL ANALYSIS WAS DONE

 

 

CORRECTLY, SO THE R-SQUARED WAS A MEANINGFUL

 

 

MEASURE, I WOULD LIKE TO SEE R-SQUAREDS IN THE

 

 

RANGE OF POINT SIX, POINT SEVEN, SOMETHING LIKE

 

 

THAT.

 

 

Q. WOULD PART OF YOUR RATIONALE IN ACCEPTING AN

 

 

R-SQUARED AT THAT LEVEL AS BEING A GOOD FIT OR A

 

 

STRONG FIT?

DR. RECKHOW VOLUME I PAGE 275

 

 

A. WELL, NO, A GOOD -- A PROPER ANALYSIS, BECAUSE IF

 

 

THE STATISTICAL ANALYSIS IS NOT DONE PROPERLY, AND

 

 

ASSUMPTIONS AND OTHER CONDITIONS ARE NOT MET, THE

 

 

R-SQUARE MAY BE A MISLEADING INDICATOR OF THE

 

 

GOODNESS OF THE MODEL.

 

 

Q. NOW, IN YOUR DISCUSSIONS AT THE TOC SUBCOMMITTEE,

 

 

DID THEY EVER DISCUSS THE MONITORING PROGRAM

 

 

THAT WAS BEING IMPLEMENTED FOR MEASUREMENT OF

 

 

FARM RUNOFF PHOSPHORUS AS A RESULT OF THE

 

 

DISTRICT'S BMP RULE, IF THAT TERM MEANS SOMETHING

 

 

TO YOU -- THE FLORIDA ADMINISTRATIVE CODE, RULE

 

 

40E-63?

 

 

A. THEY MAY HAVE DISCUSSED THAT; I DON'T REMEMBER.

 

 

Q. YOU DON'T RECALL THAT. REGARDING YOUR DOCUMENT

 

 

PRODUCTION, YOU USED A PHRASE YESTERDAY THAT I'M

 

 

SURE WAS JUST ONE OF THOSE CASUAL THINGS THAT

 

 

PEOPLE TEND TO USE. WHEN MR. REID WAS ASKING YOU

 

 

IF YOU HAD ANYTHING ELSE IN THE SERIAL PARAGRAPHS

 

 

IN YOUR NOTICE OF DEPOSITION -- WHICH THE UNITED

 

 

STATES ALSO, ESSENTIALLY, ADOPTED THE SAME

 

 

LISTING -- YOU RESPONDED WITH REGARD TO SEVERAL OF

 

 

THE PARAGRAPHS, "NOT THAT I CAN RECALL," WHEN HE

 

 

SAID DO YOU HAVE ANYTHING. WHAT DID YOU DO TO

 

 

REFRESH YOUR RECOLLECTION AS TO WHAT WAS AVAILABLE

DR. RECKHOW VOLUME I PAGE 276

 

 

TO YOU, AND WHAT YOU HAD IN YOUR FILES?

 

 

A. AT THAT PARTICULAR MOMENT?

 

 

Q. NO, NOT JUST THEN. WHEN YOU WENT THROUGH THE

 

 

PROCESS OF COLLECTING THE TWENTY ODD DOCUMENTS

 

 

THAT WERE PROVIDED; I MEAN, DID YOU HAVE ONE FILE

 

 

THAT'S ALL YOUR EVERGLADES RELATED MATERIALS, OR

 

 

DID YOU HAVE TO SEARCH THROUGH -- I DON'T KNOW HOW

 

 

ORGANIZED YOU ARE, SO I'VE JUST GOT TO KIND TO

 

 

FEEL OUR WAY ALONG ON THIS ONE.

 

 

A. YEAH. AS I MENTIONED YESTERDAY, I HAD A FILE IN A

 

 

STACK OF MATERIALS IN THE OFFICE THAT I TRY TO

 

 

KEEP THINGS THAT ARE ASSOCIATED WITH SONG'S WORK.

 

 

AND, SO, I IMMEDIATELY WENT TO THAT, AND THEN I

 

 

SPOKE WITH DONNA ABOUT, IN GENERAL, WHAT ALL OF

 

 

THAT MEANT, THE REQUEST FOR DOCUMENTS. AND THEN I

 

 

THOUGHT ABOUT IT. AND THE REASON, OF COURSE, I

 

 

SAID "I DON'T RECALL," IS WE -- EARLIER THIS

 

 

MORNING, I IDENTIFIED THAT COUPLE OF DAYS STUDY

 

 

THAT I DID ON THE PHOSPHORUS AND THE DEPTH THAT I

 

 

JUST DIDN'T REMEMBER YESTERDAY.

 

 

Q. DO YOU MAINTAIN SEPARATE CORRESPONDENCE FILES?

 

 

YOU KNOW, NOW, OTHER THAN THE FILES YOU HAVE AT

 

 

HOME ON YOUR CONSULTING WORK; BUT WITHIN YOUR

 

 

OFFICE, DO YOU HAVE SEPARATE CORRESPONDENCE

DR. RECKHOW VOLUME I PAGE 277

 

 

FILES?

 

 

A. I HAVE A FILE OF CORRESPONDENCE, YES. I TEND

 

 

TO DEPEND, THOUGH, ON THE CORRESPONDENCE ON

 

 

THE -- ON FLOPPY DISKS AS MY BEST RECORD OF WHAT

 

 

I HAVE.

 

 

Q. DID YOU REVIEW YOUR DISKS TO SEE IF THERE WERE ANY

 

 

CORRESPONDENCE RELATED TO THE MATTERS IN THE

 

 

PARAGRAPHS CALLING FOR PRODUCTION OF DOCUMENTS?

 

 

A. NO, I DIDN'T, NO.

 

 

Q. DO YOU HAVE A FACULTY SECRETARY?

 

 

A. WE HAVE---

 

 

Q. A SHARED FACULTY SECRETARY?

 

 

A. ---WELL, ONE SECRETARY FOR FOURTEEN FACULTY,

 

 

YES.

 

 

Q. AND DOES SHE EVER DO ROUTINE TYPING FOR YOU, OR

 

 

DO YOU HAVE TO PRETTY MUCH PRODUCE ALL YOUR OWN?

 

 

A. I, ESSENTIALLY, PRODUCE ALL MY OWN.

 

 

Q. DID YOU CHECK TO ENSURE THAT SHE WOULD NOT HAVE --

 

 

I MEAN, I ASSUME SHE'S GOT SOME KIND OF FILING

 

 

SYSTEM FOR EACH OF THE FACULTY?

 

 

A. I SUSPECT SHE DOES. I CHECKED MY RECOLLECTION ON

 

 

THAT, AND I FELT PRETTY CONFIDENT THAT I DON'T

 

 

HAVE CORRESPONDENCE WITH -- THROUGH THE SECRETARY

 

 

OR THAT WOULD BE ON DISKS, BUT NOT IN ONE OF THESE

DR. RECKHOW VOLUME I PAGE 278

 

 

FILES.

 

 

Q. MR. REID WAS ASKING YOU ABOUT SOME LETTERS THAT

 

 

YOU RECALLED SEEING THAT RELATED TO THE GIFT---

 

 

A. UH-HUH (YES).

 

 

Q. ---OR GIFTS, DEPENDING ON HOW IT WAS CHARACTERIZED

 

 

BY THE CO-OP TO THE WETLAND CENTER.

 

 

A. UH-HUH (YES).

 

 

Q. ASIDE FROM SEEING THOSE, DID YOU RETAIN ANY COPIES

 

 

OF THOSE?

 

 

A. I CAN'T REMEMBER WHETHER I HAVE A COPY OF THE

 

 

LETTER OR NOT -- THE LETTERS OR NOT.

 

 

Q. IT'S YOUR RECOLLECTION THERE'S MORE THAN ONE?

 

 

A. MORE THAN ONE COPY?

 

 

Q. MORE THAN ONE LETTER.

 

 

A. MORE THAN -- THERE'S MORE THAN ONE LETTER, YEAH.

 

 

I THINK. I THINK THERE'S MORE THAN ONE LETTER.

 

 

THERE WERE TWO GIFTS---

 

 

Q. AND---

 

 

A. ---SO, I ASSUME THERE WAS A LETTER ASSOCIATED WITH

 

 

EACH GIFT.

 

 

Q. FOR THE PURPOSE OF OUR QUESTIONS, YOU DON'T --

 

 

THANK YOU FOR TELLING US YOU WERE ASSUMING IT.

 

 

BUT YOU DON'T NEED TO ASSUME AN ANSWER.

 

 

A. OH.

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DR. RECKHOW VOLUME I PAGE 279

 

 

Q. IF YOU DON'T KNOW, YOU CAN JUST SAY YOU DON'T.

 

 

A. OKAY. THANKS.

 

 

Q. DO YOU KNOW IF YOU HAVE, IN FACT, IN ANY OF YOUR

 

 

FILES COPIES OF THOSE? MIGHT YOU HAVE FILED IT --

 

 

I ASSUME YOU HAVE LIKE A GRAD STUDENT FOR EACH --

 

 

ON EACH OF YOUR GRAD STUDENTS, AND MAYBE IT WOULD

 

 

HAVE BEEN FILED IN THERE, BECAUSE IT RELATED TO

 

 

SONG AND THE FUNDING OF HIS WORK AND THAT SORT OF

 

 

THING?

 

 

A. I HAVE A FILE THAT IDENTIFIES THE DUKE UNIVERSITY

 

 

CODES FOR VARIOUS ACCOUNTS THAT WOULD BE FOR -- IN

 

 

THIS CASE, FOR THE GIFTS. AND IT -- WHAT I DON'T

 

 

REMEMBER IS WHETHER IN THAT FILE THERE'S A COPY OF

 

 

THE LETTER.

 

 

Q. AND THAT'S A FILE, THOUGH, THAT'S IN YOUR OFFICE?

 

 

A. THAT'S A FILE THAT'S IN MY OFFICE.

 

 

MR. FITZGERALD: I'LL INCLUDE THAT

 

 

IN THE LETTER, COUNSEL, BUT I'D ASK THAT

 

 

DR. RECKHOW WHEN HE HAS THE OPPORTUNITY

 

 

WOULD LOOK AND SEE IF, IN FACT, THAT IS

 

 

THERE.

 

 

Q. (BY MR. FITZGERALD) DR. RICHARDSON TESTIFIED AT

 

 

HIS DEPOSITION, SPECIFICALLY, THAT YOU ARE WORKING

 

 

ON A SETTLING RATE CONCEPTUAL MODEL. WOULD HE BE

DR. RECKHOW VOLUME I PAGE 280

 

 

REFERRING TO THE EMPIRICAL MODEL IDENTIFIED IN

 

 

EXHIBITS 23 AND 25 WHEN HE SAID THAT?

 

 

A. I THINK HE PROBABLY IS, YEAH.

 

 

Q. YOU'RE NOT WORKING ON ANY OTHER MODEL?

 

 

A. NO. NO.

 

 

Q. OKAY. BUT AS I UNDERSTAND YOUR TESTIMONY, YOU'RE

 

 

NOT WORKING ON IT?

 

 

A. WE'RE NOT RIGHT NOW. WE'RE -- AS I SAID

 

 

YESTERDAY, WE'RE DEVELOPING THE PROPOSAL.

 

 

Q. AND FOR HIM TO SAY YOU'RE WORKING ON IT, BASED ON

 

 

YOUR TESTIMONY, I SHOULD NOT READ MORE INTO THAT,

 

 

OTHER THAN YOU'RE DOING THE FACULTY ADVISORY

 

 

THING---

 

 

A. THAT---

 

 

Q. ---WITH RESPECT TO THAT MODEL?

 

 

A. THAT'S CORRECT.

 

 

Q. BASED, NOW, SOLELY ON YOUR Ph.D. WORK ON THE

 

 

NATIONAL EUTROPHICATION STUDY, WHAT WOULD YOU

 

 

DESCRIBE AS A EUTROPHIED PEAT SOIL WETLAND?

 

 

A. I CAN'T ANSWER THAT QUESTION.

 

 

Q. YOU SAID EUTROPHICATION, IN YOUR MIND, IS A

 

 

CONCEPT THAT VARIES FROM ECOSYSTEM TO ECOSYSTEM.

 

 

A. FROM -- FROM SITE TO SITE, YEAH.

 

 

Q. SO, EVEN IN SITES OF COMPARABLE ECOSYSTEM,

DR. RECKHOW VOLUME I PAGE 281

 

 

FRESHWATER LAKES, MOUNTAIN TARN, WHATEVER, FROM

 

 

SITE TO SITE, YOU SEE NO LEGITIMACY IN APPLYING

 

 

THE SAME GENERAL EUTROPHICATION NOTIONS OR

 

 

STANDARDS?

 

 

A. AND I THINK THAT'S GENERALLY ACCEPTED. IF YOU

 

 

WERE TO GO TO STATES IN THE UNITED STATES, YOU'D

 

 

FIND THAT THEIR CRITERIA FOR EUTROPHIC VARIES FROM

 

 

STATE TO STATE.

 

 

Q. NOW, ARE YOU FAMILIAR WITH THE TROPHIC

 

 

CLASSIFICATION SCHEME THAT SOME FELLOWS NAMED

 

 

HENDERSON-SELLERS -- ANOTHER HYPHENATED -- AND

 

 

MARKLAND -- PUT OUT IN 1987 OECD? ARE YOU

 

 

FAMILIAR WITH THAT?

 

 

A. NOT -- NOT EXACTLY FAMILIAR WITH IT, NO. NO. I

 

 

MAY HAVE SEEN IT. I DON'T---

 

 

Q. ARE THERE CLASSIFICATION SCHEMES, TO YOUR

 

 

KNOWLEDGE, THAT RATE THE EUTROPHICATION LEVELS, OR

 

 

ATTEMPT TO ASSIGN A TROPHIC LEVEL TO TROPHIC

 

 

CLASSIFICATION SCHEMES?

 

 

A. YES.

 

 

Q. OKAY. HAVE YOU EVER WORKED WITH THOSE?

 

 

A. YES.

 

 

Q. WHAT PARTICULAR SCHEMES, IF ANY, ARE YOU FAMILIAR

 

 

WITH OF THOSE RATING SCHEMES?

DR. RECKHOW VOLUME I PAGE 282

 

 

A. EPA PROPOSED A TROPHIC STATE SCHEME ASSOCIATED

 

 

WITH THE NATIONAL EUTROPHICATION SURVEY ABOUT

 

 

TWENTY YEARS AGO. BOB CARLSON PROPOSED A TROPHIC

 

 

STATE INDEX. THAT'S PROBABLY THE MOST COMMONLY

 

 

CITED ONE IN THE UNITED STATES ABOUT -- I THINK IT

 

 

WAS ABOUT FIFTEEN YEARS AGO.

 

 

Q. NOW, THE CARLSON INDEX IS USED -- IS APPLIED QUITE

 

 

A BIT TO MANMADE LAKES IN URBAN AREAS AND SETTLING

 

 

PONDS, IS IT NOT, TO DETERMINE---

 

 

A. THAT I'M NOT FAMILIAR -- WELL, WHO APPLIES IT, I

 

 

CAN'T -- I CAN'T---

 

 

Q. IT'S GENERALLY AVAILABLE, THOUGH?

 

 

A. IT'S A -- IT'S A REFEREED PUBLICATION THAT

 

 

PRESENTED ITSELF, YEAH. IT'S---

 

 

Q. IF YOU APPLIED EITHER OF THE SYSTEMS YOU'RE

 

 

FAMILIAR WITH, WOULD THE EVERGLADES CLASSIFY AS A

 

 

EUTROPHIED SYSTEM?

 

 

A. I DON'T KNOW WITHOUT ACTUALLY APPLYING IT, BUT I

 

 

WOULD -- I'D ALSO SAY THAT THE CARLSON INDEX --

 

 

AND I'VE SAID THIS A NUMBER OF TIMES IN WRITING --

 

 

THAT THE CARLSON INDEX AND EPA SCHEMES AND OTHER

 

 

SCHEMES THAT ARE APPROPRIATE IN ONE REGION MAY NOT

 

 

BE APPROPRIATE IN ANOTHER.

 

 

Q. WHAT WOULD YOU DEFINE AS AN OLIGOTROPHIC SYSTEM?

DR. RECKHOW VOLUME I PAGE 283

 

 

A. AS I MENTIONED BEFORE, WHEN ASKED THAT, IT'S

 

 

NUTRIENT POOR.

 

 

Q. OKAY. IS THERE A GENERALLY ACCEPTED SCIENTIFIC

 

 

COMMUNITY VALUE FOR WHEN ONE GOES FROM NUTRIENT