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. JAN VYMAZAL
Petitioners, ) ___________________
)
vs. )
)
SOUTH FLORIDA WATER MANAGEMENT )
DISTRICT, an Agency of the State )
of Florida, )
)
Respondent, )
)
and )
)
MICCOSUKEE TRIBE OF INDIANS OF )
FLORIDA, the UNITED STATES OF )
AMERICA, and FLORIDA DEPARTMENT OF )
ENVIRONMENTAL REGULATION, and the )
FLORIDA WILDLIFE FEDERATION, )
)
Intervenors. )
___________________________________)
AT DURHAM, NORTH CAROLINA
NOVEMBER 10, 1992 - 9:00 A.M.
REPORTED BY: CAROL S. YOUNG
CAROLYN Y. HALL & ASSOCIATES
DR. VYMAZAL PAGE 2
APPEARANCES:
FOR THE PETITIONERS:
MR. WILLIAM L. HYDE MR. GARY V. PERKO
PEEPLES, EARL & BLANK HOPPING, BOYD, GREEN & SAMS
215 SO. MONROE STREET 123 SOUTH CALHOUN STREET
SUITE 350 POST OFFICE BOX 6526
TALLAHASSEE, FLORIDA 32301 TALLAHASSEE, FLORIDA 32314
TELEPHONE: (904) 681-1900 TELEPHONE: (904) 222-7500
FOR THE
RESPONDENT-INTERVENOR:
MS. SUZAN HILL PONZOLI MR. LEE M. KILLINGER
ASSISTANT U.S. ATTORNEY ASSISTANT GENERAL COUNSEL
SOUTHERN DISTRICT OF FLORIDA STATE OF FLORIDA
155 SOUTH MIAMI AVENUE DEPARTMENT OF ENVIRONMENTAL
SUITE 627 REGULATION
MIAMI, FLORIDA 33130 TWIN TOWERS OFFICE BUILDING
2600 BLAIR STONE ROAD
TELEPHONE: (305) 536-4425 TALLAHASSEE, FLORIDA 32399
TELEPHONE: (904) 488-9730
FOR DUKE UNIVERSITY:
MR. RALPH L. McCAUGHAN
KING, WALKER, LAMBE & CRABTREE
SUITE 100, 3708 MAYFAIR STREET
POST OFFICE BOX 51549
DURHAM, NORTH CAROLINA 27717-1549
TELEPHONE: (919) 493-8411
ALSO PRESENT:
MR. RONALD D. JONES, Ph.D.
FLORIDA INTERNATIONAL UNIVERSITY
MR. JIM GRIMSHAW, Ph.D.
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
MR. SAM ELSWICK, PARALEGAL
MS. JODY REYNOLDS, PARALEGAL
DR. VYMAZAL 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. JAN VYMAZAL - 11/10/92
EXAMINATION BY: PAGES
MS. PONZOLI 4-174
MR. HYDE 175-176
COLLOQUY 177-180
-------------------------------------------------------
E X H I B I T S I N D E X
NUMBER DESCRIPTION MARKED
(EXHIBITS NUMBER 1 THROUGH NUMBER 20 WERE
IDENTIFIED BY DR. VYMAZAL DURING HIS DEPOSITION
AND ALL COPIES WERE RETAINED BY MS. PONZOLI.)
-------------------------------------------------------
CERTIFICATION OF COURT REPORTER 181
††††††††††䕃呒䙉䍉呁佉⁎䙏䌠問呒删偅剏䕔⁒††††††††††㠱റഌ
DR. VYMAZAL PAGE 4
ON MOTION OF COUNSEL FOR THE RESPONDENT-
INTERVENOR, THE DEPOSITION OF DR. JAN VYMAZAL MAY
BE TAKEN BEGINNING AT AROUND 9:00 A.M. ON NOVEMBER 10,
1992, AT THE HILTON HOTEL, DURHAM, NORTH CAROLINA,
BEFORE CAROL S. YOUNG, A NOTARY PUBLIC.
THE SIGNATURE OF THE WITNESS TO THE TRANSCRIPT
OF HIS TESTIMONY IS HEREBY WAIVED.
- - - - - - - - - - -
WHEREUPON,
DR. JAN VYMAZAL,
HAVING FIRST BEEN DULY
SWORN, WAS EXAMINED AND
TESTIFIED AS FOLLOWS:
EXAMINATION BY MS. PONZOLI:
Q. SIR, WOULD YOU STATE YOUR FULL NAME AND TITLE
FOR THE RECORD?
A. YEAH. MY NAME IS JAN VYMAZAL, J-A-N,
V-Y-M-A-Z-A-L.
Q. AND IT IS DR. VYMAZAL?
A. YES.
Q. WOULD YOU GIVE US YOUR ADDRESS, PLEASE?
A. IT'S 311 SOUTH LA SALLE STREET -- SOUTH
LA SALLE---
Q. LA SALLE?
DR. VYMAZAL PAGE 5
A. ---LA SALLE STREET---
Q. YES.
A. ---APARTMENT 25-H, DURHAM, NORTH CAROLINA, 27705.
Q. AND IS THERE A PHONE NUMBER FOR YOU, DR. VYMAZAL?
A. YEAH, JUST IN MY OFFICE. IT'S 919/684-2619.
Q. 19?
A. 19.
Q. ALL RIGHT. AND, DR. VYMAZAL, IT'S MY
UNDERSTANDING THAT YOU ARE RETURNING TO
CZECHOSLOVAKIA---
A. YES.
Q. ---WITHIN A FEW WEEKS?
A. YES, IN A FEW DAYS.
Q. IN A FEW DAYS, IN FACT?
A. YES.
Q. I DIDN'T GET UP HERE A MOMENT TOO SOON.
A. YEAH.
Q. CAN YOU GIVE US---
MR. HYDE: I THINK YOU BLEW IT BY
NOT LETTING US HAVE A DEPOSITION IN
PRAGUE.
MR. McCAUGHAN: PRAGUE.
MS. PONZOLI: IN THE WINTER. OH, DARN.
MR. McCAUGHAN: WHOSE EXPENSE ACCOUNT?
DR. VYMAZAL PAGE 6
Q. (BY MS. PONZOLI) DR. VYMAZAL, DO YOU HAVE AN
ADDRESS IN CZECHOSLOVAKIA?
A. YES. IT'S RRICANOVA, R-R-I-C-A-N-O-V-A, 40.
Q. 40?
A. 40 -- 4-0.
Q. RIGHT.
A. 169 -- NO, IT'S LIKE ZIP CODE. IT'S ANOTHER LINE.
IT'S -- YES.
Q. THIS IS A SEPARATE NUMBER?
A. YEAH. IT'S 169---
Q. RIGHT.
A. ---00, PRAGUE 6, CZECHOSLOVAKIA.
Q. IS THERE ANY PHONE NUMBER?
A. YES. IT'S 422 -- IT'S LIKE INTERNATIONAL CODE FOR
PRAGUE -- 350 761. THAT'S IT.
Q. OKAY. DR. VYMAZAL, JUST FOR THE RECORD, MY NAME
IS SUZAN HILL PONZOLI. I AM AN ASSISTANT UNITED
STATES ATTORNEY, AND I REPRESENT THE UNITED STATES
IN WHAT IS AN ADMINISTRATIVE STATE PROCEEDING IN
THE STATE OF FLORIDA. AND I WILL BE ASKING YOU
QUESTIONS TODAY REGARDING THE RESEARCH THAT YOU
HAVE DONE IN CONJUNCTION WITH THE DUKE WETLAND
CENTER.
A. YES.
DR. VYMAZAL PAGE 7
Q. I THINK I ASSUME THAT YOU HAVE NEVER HAD YOUR
DEPOSITION TAKEN BEFORE. IS THAT CORRECT?
A. YEAH, RIGHT.
Q. ALL RIGHT. IS IT ALSO CORRECT THAT YOU HAVE BEEN
PREPARED, HOWEVER, FOR THIS DEPOSITION BY YOUR
COUNSEL?
A. YEAH. I WAS JUST TOLD WHAT WAS GOING ON.
Q. RIGHT.
A. IN ORDER TO KNOW WHAT WILL HAPPEN.
Q. IT IS IMPORTANT THAT WHEN I ASK YOU A QUESTION, IF
YOU DO NOT UNDERSTAND MY QUESTION, THAT YOU MAKE
THAT CLEAR.
A. YES.
Q. BECAUSE THE WAY OUR PROCEEDINGS WORK, WHEN YOU
ANSWER MY QUESTION, IT WAS PRESUMED THAT YOU
UNDERSTOOD IT.
A. YES.
Q. SO YOU MUST BE CLEAR WHEN YOU DON'T UNDERSTAND,
AND I WILL TRY TO FRAME A BETTER OR CLEARER
QUESTION FOR YOU. IS THAT UNDERSTOOD?
A. YES.
Q. OKAY. YOU ARE HERE TODAY PURSUANT TO A SUBPOENA
DUCES TECUM. ISN'T THAT CORRECT?
A. EXCUSE ME? YES. THAT'S CORRECT.
DR. VYMAZAL PAGE 8
Q. ALL RIGHT. I WOULD LIKE TO GO THROUGH THE
DOCUMENTS THAT YOU WERE SUBPOENAED TO BRING WITH
YOU TODAY AND HAVE YOU IDENTIFY THOSE DOCUMENTS
AND ALSO TO MAKE SURE THAT THERE ARE NO OTHER
DOCUMENTS THAT WERE FORGOTTEN OR LEFT BEHIND. THE
FIRST DOCUMENT THAT IS REQUESTED -- WELL, LET ME
JUST START WITH THE FACT, YOU DO UNDERSTAND THE
DEFINITION OF DOCUMENTS AND---
A. YES.
Q. ---THIS WAS QUITE INCLUSIVE, INCLUDING COMPUTER
DISKS, ETCETERA.
A. (NODS AFFIRMATIVELY.)
Q. AND YOU DID NOT PRODUCE ANY COMPUTER DISKS. YOU
DON'T---
A. NO.
Q. ---YOUR WORK IS ALL---
A. YEAH. ON HARD COPIES.
Q. THERE ARE NO COMPUTER DISKS FOR YOUR WORK?
A. YEAH, THEY ARE. I WAS TOLD THAT I CAN BRING
EITHER DISKETTES OR HARD COPIES.
Q. UH-HUH, UH-HUH (YES). AND WHO TOLD YOU THIS?
A. I THINK IT WAS---
MR. HYDE: I THINK I MENTIONED IT TO
HIM YESTERDAY, AS LONG AS HE BROUGHT
DR. VYMAZAL PAGE 9
EVERYTHING THAT HE HAD ON HIS DISK THAT
WAS IN HARD COPY, AS WELL.
MS. PONZOLI: RIGHT. OKAY.
MR. HYDE: AND I THINK THAT YOU CAN
CLARIFY THAT WITH HIM, BUT I THINK THAT'S
THE CASE HERE.
MR. McCAUGHAN: THESE ARE -- EXCUSE ME.
THE COMPUTER DISKS ARE DISKS CONTAINING THE
WORD PROCESSING---
WITNESS: YEAH, I---
MR. McCAUGHAN: FOR THE---
WITNESS: ---I HAVE---
MR. McCAUGHAN: ---CHAPTERS, OR ARE YOU
TALKING ABOUT NUMBER DISKS WITH THE -- WITH
SPREADSHEET PROGRAMS, FOR INSTANCE, AND THAT
SORT OF THING?
WITNESS: THERE ARE DATA, WHICH ARE ALL
HERE, WHICH MEAN THE DATA AND FIGURES AND
TABLES AND TEXT. SO, EVERYTHING---
MR. McCAUGHAN: SO, THERE'S A LOT OF
DIFFERENT---
WITNESS: YES. AND---
MR. McCAUGHAN: ---BUT THEY'RE ALL
INCLUDED IN THE HARD COPY?
DR. VYMAZAL PAGE 10
WITNESS: ---EVERYTHING WHAT IS DISK
IS HERE.
MS. PONZOLI: OKAY. I THINK IN THIS
CASE FOR DR. VYMAZAL, AS LONG AS HE ASSURES
ME THAT I HAVE ALL OF HIS DATA IN HARD COPY,
THERE'S NO PROBLEM. I DO BELIEVE, THOUGH,
WHERE WE HAVE DRS. CRAFT AND QUALLS, I WOULD
LIKE DISKS BECAUSE I THINK---
MR. HYDE: I'LL MENTION THAT TO HIM.
MS. PONZOLI: ---BECAUSE OF THE VOLUME
WE MAY NEED TO DEAL WITH IT---
MR. McCAUGHAN: OKAY.
MS. PONZOLI: ---ON A COMPUTER. AND
I AM MORE THAN WILLING TO ACCOMMODATE THEIR
NEED FOR PROTECTING THOSE DISKS. IF THOSE
ARE THE SINGLE DISKS THAT EXIST, IF THEY
WILL SIMPLY ASSURE ME THAT THEY ARE CREATING
ME A DUPLICATE COPY, THEN, THAT WOULD BE
FINE. I MEAN, I'VE HAD THIS PROBLEM WITH MY
OWN SCIENTISTS IN THE PAST. THEY ARE NOT
WILLING TO TURN OVER THE ONLY DISK OF THEIR
DATA THAT EXISTS, ON THE CHANCE THAT SOMEONE
WOULD DESTROY IT OR DAMAGE IT SOMEHOW. SO,
IN THAT REGARD, YOU KNOW, I HAVE NO PROBLEM,
DR. VYMAZAL PAGE 11
AND THIS IS FINE FOR TODAY. THIS IS FINE FOR
TODAY.
Q. (BY MS. PONZOLI) ALL RIGHT. IT IS CLEAR,
HOWEVER, THAT WE HAVE IN HARD COPY ALL DATA
THAT---
A. YEAH.
Q. ---EXISTS ON THOSE DISKS IN THE LAB?
A. YES.
Q. AND THAT THERE ARE NO OTHER DOCUMENTS ON THOSE
DISKS IN THE LAB THAT DO NOT EXIST AMONG THESE
HARD COPY DISKS -- COPIES THAT YOU HAVE PROVIDED
TODAY?
A. THAT'S RIGHT.
Q. OKAY. ALL RIGHT. THE NEXT ITEM OF DOCUMENTS
WOULD BE YOUR CV OR YOUR RESUME, DR. VYMAZAL. I'M
GOING TO HAND YOU VYMAZAL -- AM I PRONOUNCING IT
CORRECTLY?
A. NO. WE CORRECT IT -- VYMAZAL.
Q. VYMAZAL.
A. BUT -- YEAH, YEAH.
Q. I'LL TRY. VYMAZAL.
A. YES.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
DR. VYMAZAL PAGE 12
AS EXHIBIT NO. 2 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. OKAY. I'M GOING TO HAND YOU VYMAZAL NUMBER 2 AND
ASK YOU IF YOU CAN IDENTIFY IT.
A. YES. IT'S---
Q. THIS IS A CV, DR. VYMAZAL, THAT I WAS PROVIDED
IN SOME OTHER DOCUMENT PRODUCTION FOR YOU. I
BELIEVE IT TO BE SOMEWHAT OUT OF DATE. IS THAT
CORRECT?
A. ALL INFORMATION WHICH ARE INCLUDED ARE CORRECT SO
BECAUSE IT CONTAINS ALL INFORMATION OF ME BEFORE I
CAME HERE. SO---
Q. THAT'S RIGHT.
A. ---THE ONLY THING WHICH IS MISSING IS MY ACTIVITY
HERE, WHICH -- BUT ALL THESE DATA ARE CORRECT.
Q. ALL RIGHT. IF YOU WERE TO UPDATE---
A. YEAH.
Q. ---THIS RESUME, DR. VYMAZAL, WHAT WOULD YOU ADD
TO IT?
A. THAT I AM A -- I ENTER A SOCIETY OF WETLAND
SCIENTISTS. I AM A MEMBER OF PHYCOLOGICAL SOCIETY
OF AMERICA.
Q. ALL RIGHT. ANYTHING ELSE? YOUR EMPLOYMENT WHILE
YOU'VE BEEN IN THE UNITED STATES HAS BEEN WITH THE
DR. VYMAZAL PAGE 13
DUKE WETLAND CENTER---
A. YES.
Q. ---IS THAT CORRECT?
A. YES.
Q. OKAY. AND THOSE DATES WOULD BE FROM WHEN TO WHEN?
A. I CAME HERE MARCH THE 1ST, 1991, AND I'M SUPPOSED
TO LEAVE NOVEMBER 14, 1992.
Q. ALL RIGHT. DID YOU HAVE -- WHAT IS IT -- WHAT
WOULD IT BE -- A YEAR AND A HALF'S CONTRACT? WHAT
WOULD -- IS THAT WHAT YOU HAD?
A. YEAH. I'M ON J-1 VISA, WHICH IS FOR THREE YEARS,
SO---
Q. THAT'S YOUR LEGAL STATUS---
A. YES.
Q. ---IN THE UNITED STATES. BUT YOUR CONTRACT WITH
THE DUKE UNIVERSITY, WAS THAT A YEARLY OR A YEAR
AND A HALF CONTRACT? WAS THE CONTRACT FOR MARCH 1
TO NOVEMBER 14?
A. IT WAS FORMERLY FOR ONE YEAR, BUT WAS EXTENDED.
Q. FOR HOW LONG? WHATEVER THE DIFFERENCE---
A. YEAH, THE---
Q. ---FROM MARCH TO NOVEMBER IS?
A. I THINK SO. IT'S FROM MARCH TO THE DATE OF MY
DEPARTURE.
DR. VYMAZAL PAGE 14
Q. OKAY. AND WHEN YOU CONTRACT -- DO YOU CONTRACT
DIRECTLY WITH THE DUKE UNIVERSITY?
A. YES.
Q. OKAY.
A. IT WAS DONE THROUGH -- I GOT AN INVITATION THROUGH
INTERNATIONAL HOUSE OF DUKE UNIVERSITY BASED ON
INVITATION OF DUKE WETLAND CENTER.
Q. BUT YOU HAVE, WHILE YOU HAVE BEEN THERE, WORKED
EXCLUSIVELY FOR THE---
A. YES.
Q. ---DUKE WETLAND CENTER?
A. THAT'S RIGHT.
Q. OKAY. CAN YOU TELL ME WHAT YOUR STIPEND, OR
WHATEVER IT'S CALLED, HAS BEEN WHILE YOU'VE BEEN
HERE?
A. YEAH. I THINK I'M OFFICIALLY CALLED, LIKE,
VISITING SCHOLAR.
Q. OKAY. AND THAT CARRIES A MONETARY REMUNERATION OF
WHAT?
A. EXCUSE ME?
Q. WHAT IS YOUR -- WHAT IS THE SALARY OR THE PAY OR
THE -- WHATEVER THE TITLE THEY USE AT THE
UNIVERSITY FOR VISITING PROFESSOR?
A. YEAH. IT'S -- SO YOU WANT TO KNOW THE TITLE OR---
DR. VYMAZAL PAGE 15
Q. NO, THE AMOUNT OF MONEY THAT DUKE REIMBURSES YOU
FOR THE SERVICES THAT YOU HAVE PROVIDED.
A. OH, YEAH. I WAS PAID THIRTY THOUSAND ($30,000.00)
A YEAR.
Q. OKAY. AND DID YOU HAVE OTHER BENEFITS THAT WENT
WITH THAT?
A. YES.
Q. YES. WHAT WERE THOSE?
A. I HAVE A BENEFIT, LIKE, HEALTH CARE.
Q. YOU HAVE A CAR?
A. NO, I DON'T HAVE A CAR.
Q. WHAT WAS -- I'M SORRY.
A. THE HEALTH CARE.
Q. OH, HEALTH CARE?
A. IF YOUR -- IF---
Q. I'M SORRY. EXCUSE ME.
A. YEAH, HEALTH CARE.
Q. OKAY. YOU HAD HEALTH CARE. DID YOU HAVE A HOME?
DID THEY PROVIDE YOU WITH A HOUSE OR LIVING?
A. NO, NO.
Q. OKAY. WHAT ELSE?
A. I THINK THAT'S IT.
Q. OKAY. HEALTH CARE WAS PRETTY MUCH IT?
A. YEAH, HEALTH CARE.
DR. VYMAZAL PAGE 16
Q. OKAY. ALL RIGHT. IS THERE ANYTHING ELSE THAT
WOULD APPLY TO YOUR CV; ARE THERE ANY PUBLICATIONS
THAT YOU WOULD ADD TO YOUR LIST OF PUBLICATIONS AS
A RESULT OF YOUR HAVING BEEN HERE?
A. NO. WE HAVEN'T PUBLISHED FROM THE STUDY YET, SO
THIS WAS THE FIRST TWO PUBLICATIONS I PROVIDED.
Q. ARE THERE PUBLICATIONS THAT YOU HAVE SUBMITTED?
A. YEAH. THERE IS THE FACT PAPER I PRESENTED IN
MEETING OF SOCIETY OF WETLAND SCIENTISTS IN NEW
ORLEANS WHERE I APPEAR IN A SPECIAL ISSUE OF
WETLANDS.
Q. THEY WILL PUBLISH A SYMPOSIUM OF THE---
A. YEAH.
Q. ---PAPERS PRESENTED?
A. YEAH. IT'S---
Q. OKAY. I'M SORRY. GO AHEAD.
A. YEAH. IT WAS, LIKE, NOT A FULL-LENGTH PAPER.
THERE WERE JUST REQUIRED FIVE PAGES. IT WAS A
SPECIAL ISSUE, WHICH SHOULD APPEAR MAYBE THIS
YEAR, BUT -- SO -- AND WE ARE JUST GOING TO SUBMIT
THIS PAPER TO JOURNAL OF PHYCOLOGY.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 3 - JAN VYMAZAL
DR. VYMAZAL PAGE 17
DEPOSITION - FOR IDENTIFICATION.)
Q. SO, THE NEXT EXHIBIT, VYMAZAL NUMBER 3, IS A
PUBLICATION THAT'S BEING SUBMITTED TO THE JOURNAL
OF PHYCOLOGY?
A. YEAH.
Q. CAN YOU IDENTIFY THE TITLE OF THAT FOR US?
A. YES. IT'S "RESPONSE OF EVERGLADES PERIPHYTON
CONVERTED TO NITROGEN AND PHOSPHORUS ADDITIONS."
Q. HAS THAT BEEN SUBMITTED, DR. VYMAZAL?
A. IT'S JUST -- NOT YET. IT'S UNDER PREPARATION AND
WILL BE IN A---
Q. PREPARATION, MEANING---
A. ---IN A FEW WEEKS.
Q. ---THAT YOU'RE GOING THROUGH REVISIONS AND EDITING
WITH---
A. YEAH, BECAUSE I---
Q. ---DR. RICHARDSON?
A. ---HAVE, TOGETHER WITH DR. CRAFT AND
DR. RICHARDSON. SO I'M JUST IN A STATE OF
INCLUDING THEIR REMARKS, AND THEN I WILL SUBMIT IT
TO THE EDITOR.
Q. ARE THEIR REVISION REMARKS REFLECTED ON VYMAZAL
NUMBER 3?
A. THIS IS THE -- MY DRAFT. AND DR. CRAFT AND
DR. VYMAZAL PAGE 18
DR. RICHARDSON ARE JUST MAKING THEIR NOTES ON
THEIR OWN COPIES.
Q. OKAY. SO, YOU DO NOT HAVE THOSE---
A. NOT YET.
Q. ---COPIES WITH COMMENTS?
A. NO.
Q. OKAY. IS IT BEING SUBMITTED OUTSIDE OF DR. CRAFT
AND DR. RICHARDSON FOR OTHER COMMENT AND REVIEW AT
THIS TIME?
A. NO, NO, JUST FOR THOSE TWO PEOPLE, WHO ARE
CO-AUTHORS.
Q. OKAY. WILL IT SUBSEQUENTLY BE SUBMITTED FOR OTHER
PEER REVIEW?
A. YEAH. THERE IS -- THE JOURNAL OF PHYCOLOGY MOSTLY
USES TWO OR THREE PEER REVIEWERS, WHO PROBABLY
WILL REVIEW THIS PAPER. IT'S, LIKE, USUAL
PROCEDURE.
Q. UH-HUH (YES). HOW DOES THIS ARTICLE DIFFER FROM
CHAPTER 2 OF THE ANNUAL REPORT, OCTOBER 1992, THE
DUKE WETLAND CENTER?
A. IT PRACTICALLY DOESN'T DIFFER. IT IS JUST A BIT
SHORTER. WE DELETED SOME FIGURES BECAUSE OF THE
LENGTH OF THE PAPER AND WE INCLUDED SOME DATA,
WHICH WERE SHOWN IN FIGURES. WE PUT THEM IN THE
DR. VYMAZAL PAGE 19
TEXT, AND THIS IS THE ONLY DIFFERENCE. THE TEXT
IS PRACTICALLY THE SAME---
Q. ALL RIGHT.
A. ---BECAUSE WE PREPARED THE CHAPTERS IN ORDER TO BE
PREPARED FOR PUBLICATION.
Q. COULD YOU EASILY FLIP THROUGH VYMAZAL NUMBER 3 AND
PLACE A YELLOW STICKER ON THOSE DATA THAT YOU'VE
INCLUDED IN FIGURES THAT WERE NOT INCLUDED IN
CHAPTER 2? WOULD THAT BE A PRETTY---
A. IT'S NOT---
Q. ---STRAIGHTFORWARD TASK FOR YOU?
A. YEAH, IT'S NOT A PROBLEM. IT'S -- (WITNESS
COMPLIES) -- IS THAT THESE TWO EQUATIONS APPEARED
IN THE CHAPTER 2, LIKE THE GRAPHS, SO WE JUST---
Q. OH, I HAD IT BACKWARDS. YOU HAVE ACTUALLY TAKEN
WHAT WAS IN FIGURES BEFORE---
A. YEAH, YEAH.
Q. ---AND PUT IT INTO TEXT NOW?
A. WE NEEDED TO---
Q. OH, NO. GO AHEAD AND STICK IT SO WE CAN FIND IT.
A. OH, OVER HERE?
Q. UH-HUH (YES).
A. THOSE TWO -- BECAUSE WE NEEDED TO SHORTEN THE
NUMBER OF FIGURES FOR PUBLICATION.
DR. VYMAZAL PAGE 20
MR. HYDE: SUZAN---
MS. PONZOLI: RIGHT.
MR. HYDE: ---WHY DON'T YOU USE THAT
INSTEAD OF THOSE.
MS. PONZOLI: OKAY.
Q. (BY MS. PONZOLI) ALL RIGHT. IF YOU WOULD USE
THOSE, IT'D PROBABLY BE EASIER.
A. THAT WAS HOW IT WAS.
Q. SO, THERE'S NO NEW DATA?
A. NO, NO, NO, NO, NO. HOW IT WORKS?
Q. THAT'S IT. YOU'VE GOT IT.
A. LIKE THAT?
Q. YES. NO, YOU STICK IT OUT TO THE SIDE,
DR. VYMAZAL. LET ME HELP YOU.
A. OH, YEAH. SORRY.
Q. NO PROBLEM.
A. IT GOES THIS WAY. YEAH, I THINK THIS IS IT.
Q. THAT'S IT?
A. YEAH.
Q. OKAY. WHEN WE COME TO CHAPTER 2---
A. YES.
Q. ---I WOULD LIKE YOU TO -- IS THAT THE ONLY SHIFT
YOU MADE FROM CHAPTER 2 TO YOUR PAPER?
A. YES.
DR. VYMAZAL PAGE 21
Q. OH, SO YOU DID NOT DO ANY OTHER DIFFERENCES?
A. NO, NO, NO. WE LEFT THE TEXT AS IT WAS. AND
WE---
Q. RIGHT.
A. ---WE JUST SHORTENED THE NUMBER OF FIGURES
BECAUSE---
Q. OKAY. DID YOU CHANGE YOUR CONCLUSIONS IN ANY WAY?
A. NO, I DON'T.
Q. OKAY. THEY ARE IDENTICAL?
A. YEAH.
Q. ALL RIGHT. FINE. THANK YOU.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 4 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. PONZOLI) I'M GOING TO HAND YOU VYMAZAL
NUMBER FOUR AND ASK YOU TO IDENTIFY IT, PLEASE.
A. YES. THIS IS A DRAFT OF PAPER OF CONTRIBUTION
PRESENTED IN THE CONFERENCE OF SOCIETY OF WETLAND
SCIENTISTS IN NEW ORLEANS IN JUNE 1992.
Q. AND YOU -- DID YOU HAVE SLIDES AT THAT
PRESENTATION, DR. VYMAZAL?
A. YES. THEY ARE INCLUDED IN A -- LIKE THIS.
Q. AND YOUR SLIDE COLLECTION THAT YOU'VE PRODUCED AS
DR. VYMAZAL PAGE 22
DOCUMENTS?
A. YES.
Q. OKAY. AND THIS IS THE FIVE-PAGE PAPER THAT---
A. YEAH.
Q. ---WILL APPEAR IN THE SYMPOSIUM---
A. YEAH.
Q. ---AND PUBLISHED AS A RESULT OF---
A. SPECIAL ISSUE, YES.
Q. OKAY. WE'LL TALK ABOUT THEM INDIVIDUALLY LATER.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 5 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. I'M GOING TO HAND YOU VYMAZAL NUMBER 5, WHICH
APPEARS TO BE A COMPOSITE EXHIBIT, AND ASK YOU TO
IDENTIFY IT, PLEASE.
A. YES. THESE ARE ABSTRACTS OF PAPERS, WHICH WERE
PRESENTED IN CONFERENCES OF -- FIRST CONFERENCE OF
SOCIETY OF WETLAND SCIENTISTS IN NEW ORLEANS IN
JUNE 1992. AND THE THIRD ONE IS A ABSTRACT WE
SUBMITTED FOR INTERNATIONAL WETLAND CONFERENCE IN
COLUMBUS, OHIO, SEPTEMBER 1992.
Q. OKAY. THE FIRST TWO WENT TO THE SOCIETY OF
WETLAND SCIENTISTS---
DR. VYMAZAL PAGE 23
A. YEAH. IN NEW ORLEANS---
Q. ---AND THE THIRD ONE WAS INTECOL?
A. INTECOL, IN COLUMBUS, SEPTEMBER 1992.
Q. OKAY. WHAT WERE THE TWO TOPICS OF THE ABSTRACTS
OF THE SOCIETY OF WETLAND SCIENTISTS? WERE THEY
ESSENTIALLY CHAPTERS 2 AND 4?
A. YES. THEY ARE BASED ON THESE REPORTS. AND THE
ONE WHICH WAS PRESENTED IN NEW ORLEANS WAS
PRESENTED BY LORI SUTTER. SO THEY INCLUDED SOME
INFORMATION ABOUT ALGAE IN HER GREENHOUSE STUDY.
Q. SO, ONE ABSTRACT WAS -- INCLUDED 2 AND 4, AND ONE
WAS ON THE GREENHOUSE EXPERIMENT DONE BY---
A. YES, YES.
Q. ---MS. SUTTER?
A. I WAS, LIKE, QUALIFIED.
Q. AND, THEN, THE THIRD ONE -- IS IT A DUPLICATE, IN
ESSENCE, OF THE FIRST ONE?
A. NO. THE FIRST, WHICH WAS PRESENTED TOGETHER WITH
DR. CRAFT AND DR. RICHARDSON IN SOCIETY OF WETLAND
SCIENTIST MEETING, DEALT WITH PERIPHYTON IN
FERTILIZER STUDY, AND THE PRESENTATION, TOGETHER
WITH DR. RICHARDSON IN COLUMBUS, OHIO, DEALT WITH
PERIPHYTON IN DOSING STUDY AND ARE JUST SOME
BACKGROUND INFORMATIONS.
DR. VYMAZAL PAGE 24
Q. OKAY.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 6 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. PONZOLI) I HAND YOU VYMAZAL NUMBER 6 AND
ASK YOU IF YOU CAN IDENTIFY IT, PLEASE.
A. YES. THIS IS THE MATERIALS CONCERNING CHAPTER 2,
ANNUAL REPORT, 1992. AND IT INCLUDES TEXT AND
FIGURES -- ALL FIGURES AND TABLES, ALL COMPUTER
DATA, WHICH SERVES LIKE A BASIS FOR GRAPHS, AND
FIGURES. AND THESE ARE SOME RAW DATA OF ALGAL
SPECIES AND RAW DATA FROM DRY WEIGHT
IDENTIFICATION.
Q. OKAY. LET ME ASK YOU SOMETHING ABOUT YOUR DATA.
IS THIS -- DO WE HAVE -- WITH VYMAZAL EXHIBIT
NUMBER 6, DO WE HAVE ALL OF THE DATA THAT YOU HAVE
FOR CHAPTER 2?
A. YES.
Q. OKAY. WE HAVE YOUR RAW DATA? WE HAVE MEAN DATA?
A. YEAH.
Q. WE HAVE FINAL DATA?
A. YEAH.
Q. EVERYTHING'S THERE?
DR. VYMAZAL PAGE 25
A. YEAH.
Q. OKAY. LET ME ASK YOU, VYMAZAL NUMBER 6 -- IS THIS
ESSENTIALLY VERBATIM THE WAY IT APPEARS IN THE
ANNUAL REPORT, OCTOBER 1992?
A. YES.
Q. IT WOULD BE ONLY MINOR TYPOGRAPHICAL DIFFERENCES
BETWEEN THE TWO?
A. YEAH. I THINK IT'S EXACTLY THE SAME.
Q. EXACTLY. GREAT.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 7 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. PONZOLI) I'M GOING TO HAND YOU VYMAZAL
NUMBER 7.
A. YES.
Q. AND ASK IF YOU CAN IDENTIFY IT, PLEASE.
A. THESE ARE MATERIALS, CONNECTING WITH CHAPTER 4 OF
ANNUAL REPORT, 1992. IT INCLUDES TEXT, ALL
FIGURES, INCLUDING ALL DATA -- RAW DATA AND
COMPUTER DATA -- IN TABLES. IT INCLUDES ALSO SOME
FIELD NOTES. AND SO IS -- EVERYTHING CONNECTED IS
CHAPTER 4.
Q. AGAIN, IS IT THE SAME AS CHAPTER 4 APPEARS IN THE
DR. VYMAZAL PAGE 26
ANNUAL REPORT, OCTOBER 1992?
A. YES.
Q. JUST SO I'M CLEAR, THE APPENDICES TO THE ANNUAL
REPORT HAS NOT BEEN MADE AVAILABLE. IS YOUR PART
OF THE APPENDICES HERE?
A. YES.
Q. IS IT IN, LIKE, A FINAL FORM?
A. NO. THEY ARE MOST IN THE FORM OF TABLES.
Q. UH-HUH (YES).
A. SO -- BUT ALL NUMBERS ARE INCLUDED.
Q. ALL RIGHT. IS THERE AN APPENDIX IN A SINGLE
DOCUMENT TO THE ANNUAL REPORT, OCTOBER 1992,
SOMEWHERE AT THE DUKE WETLAND CENTER?
A. YES, I THINK SO.
Q. OKAY. THERE IS A SINGLE-DOCUMENT APPENDIX.
A. YEAH. I MAKE A ONE HARD COPY, WHICH WILL BE USED
FOR APPENDIX TO THIS REPORT.
Q. BUT YOU HAVE NOT DONE SO YET?
A. NO, IT'S NOT COMPLETED YET.
Q. ALL RIGHT. WHERE IS THAT DOCUMENT?
A. THE ANNUAL REPORT IS NOT -- THE APPENDIX IS NOT
COMPLETED, BUT MY APPENDICES ARE IN WETLAND
CENTER.
Q. BUT YOU DID NOT PRODUCE THEM TODAY?
DR. VYMAZAL PAGE 27
A. I THINK -- LET ME -- I JUST -- THE APPENDICES ARE
SIMILAR -- NO, THEY ARE IN THE FORM OF TABLES IN
MY -- IN THIS ONE.
Q. WELL, BUT THAT'S NOT MY QUESTION. I'M SORRY. I'M
NOT MAKING MYSELF CLEAR. WHEN MS. SUTTER PRODUCED
HER DOCUMENTS -- WE HAVE -- LET ME JUST BACK UP.
WE HAVE NOT RECEIVED -- I THINK THE PUBLIC, I
GUESS, I SHOULD SAY -- THE PUBLIC HAS NOT RECEIVED
THE APPENDIX---
A. YES.
Q. ---TO OCTOBER 1992---
(THEREUPON, MS. PONZOLI
AND MR. GRIMSHAW CONFER.)
Q. ---TO THE BEST OF MY KNOWLEDGE THAT HAS NOT BEEN
MADE AVAILABLE TO THE PUBLIC. WHEN MRS. SUTTER
CAME TO HER DEPOSITION---
A. YES.
Q. ---SHE HAD -- IN THE SAME WAY YOU HAVE CHAPTER 2
AND CHAPTER 4 -- SORT OF PRINTED OUT IN A PRETTY
FORM, SHE HAD A PRETTY FORM OF HER APPENDIX OR HER
APPENDICES THAT WENT TO HER CHAPTER. AND WHAT I
AM ASKING YOU IS, DOES THAT PRETTY FORM OF YOUR
APPENDIX EXIST SOMEWHERE? AND WHAT I'M SEEING IS,
IT DOESN'T APPEAR TO EXIST IN VYMAZAL NUMBER 7.
DR. VYMAZAL PAGE 28
I'M ASKING, DOES IT EXIST BACK AT THE DUKE WETLAND
CENTER.
A. YES.
Q. IT DOES?
A. IT DOES.
Q. OKAY.
A. IT'S ONE TABLE, WHICH---
Q. WHO HAS POSSESSION OF THAT, DR. VYMAZAL?
A. MS. PHELPS.
MS. PONZOLI: OKAY. COUNSEL, I WOULD
ASK THAT THAT BE BROUGHT TOMORROW WITH
DR. CRAFT.
MR. McCAUGHAN: LET ME MAKE SURE I
UNDERSTAND WHAT WE'RE LOOKING FOR. THIS IS
APPENDIX TO CHAPTER 4?
WITNESS: 4, YES.
MS. PONZOLI: MR. McCAUGHAN, AM I
PRONOUNCING THAT CORRECTLY?
MR. McCAUGHAN: THAT'S FINE. IT'S
McCAUGHAN.
MS. PONZOLI: McCAUGHAN --
MR. McCAUGHAN, THERE IS A WHOLE DOCUMENT,
EITHER IN THE PROCESS OF BEING ASSEMBLED---
MR. McCAUGHAN: IT'S BEING---
DR. VYMAZAL PAGE 29
MS. PONZOLI: ---OR HAS BEEN -- OKAY.
MR. McCAUGHAN: ---IT'S BEING PREPARED.
BUT---
MS. PONZOLI: OKAY. THAT WILL BE THE
APPENDICES TO THIS. MS. SUTTER WAS ABLE
TO---
MR. McCAUGHAN: ---FIND HERS. AND
SO THE ONE FOR CHAPTER 4 IS WHAT WE'RE
LOOKING FOR.
WITNESS: I WILL---
MR. McCAUGHAN: AND YOU SAY LISA
SHOULD HAVE THAT?
WITNESS: I -- YEAH.
MS. PONZOLI: AND 2, ALSO.
MR. McCAUGHAN: OH, AND 2?
MS. PONZOLI: IN FINAL FORM, RIGHT.
BECAUSE WHAT HE'S GIVING US IS CERTAINLY
USEFUL, BUT I WOULD LOVE TO SEE IN ITS SORT
OF PUBLISHED FINAL FORM AS IT WILL BE
PRESENTED TO THE PUBLIC.
MR. McCAUGHAN: OKAY. CERTAINLY,
IF IT'S IN ANY KIND OF FORM AT ALL, I CAN
HAVE---
MS. PONZOLI: CERTAINLY.
DR. VYMAZAL PAGE 30
MR. McCAUGHAN: ---IT BROUGHT OVER.
MS. PONZOLI: OKAY.
MR. HYDE: HAVE YOU SEEN THAT? DO YOU
KNOW? I HAVE NOT SEEN THOSE.
MR. McCAUGHAN: OKAY. I HAVEN'T EITHER.
MS. PONZOLI: OKAY. I WOULD APPRECIATE
HAVING THAT.
MR. McCAUGHAN: YEAH.
MS. PONZOLI: OKAY. AND, I GUESS JUST
BY WORD OF FOOTNOTE, I ASSUME, SINCE HE IS
DEPARTING SO IMMINENTLY, IT'S GOT TO BE
PRETTY MUCH THERE, BECAUSE HE CAN'T LEAVE
WITHOUT, I WOULD ASSUME, CHECKING IT.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 8 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. PONZOLI) I'M GOING TO ASK YOU TO IDENTIFY
VYMAZAL NUMBER 8, PLEASE.
A. YEAH. THESE ARE ADDENDUMS TO PROPOSALS OF LORI
SUTTER FOR GREENHOUSE STUDY AND FOR---
Q. DO THEM INDIVIDUALLY---
A. YEAH.
Q. ---DR. VYMAZAL. DO NUMBER 8, FIRST. AND, I'M
DR. VYMAZAL PAGE 31
SORRY, I HANDED YOU SEVERAL TOGETHER.
A. OH, YEAH. I SORRY. I SAW THAT, YEAH.
Q. IT'S MY FAULT. I HANDED THEM TO YOU ALL TOGETHER.
A. SO, FIRST OF ALL, IS ADDENDUM TO PROPOSAL OF
DR. CRAFT, EFFECTS OF NITROGEN, PHOSPHORUS AND
SAWGRASS -- SAWGRASS, CATTAIL AND SLOUGH
COMMUNITIES.
Q. WHAT DOES THAT MEAN, IT'S AN ADDENDUM? I DON'T
UNDERSTAND.
A. I WAS ASKED BY DR. RICHARDSON WHEN I GOT HERE AND
I READ THESE PROPOSALS TO INCLUDE SOME OF MY
THOUGHTS IN THE SUMMARY -- SUGGESTIONS FROM THE
POINT OF VIEW OF PERIPHYTON MOSTLY.
Q. OKAY. WERE CHANGES MADE IN EXPERIMENTAL DESIGN AS
A RESULT OF THESE ADDENDA?
A. NO, NO. NO, NO. IT WAS NOT MOSTLY AIMED AT
DESIGN OF THE---
Q. RIGHT.
A. ---OF THE EXPERIMENT.
Q. WERE CHANGES MADE IN THE WAY DATA WAS COLLECTED OR
PAPERS WERE WRITTEN?
A. NO. THESE PROPOSALS MOSTLY INCLUDE SOME
SUGGESTIONS CONCERNING PERIPHYTON, WHICH FORMERLY
WAS NOT INCLUDED. SO, THIS WAS NOT MENTIONED OR
DR. VYMAZAL PAGE 32
THESE PROPOSALS DO NOT INCLUDE ANY CHANGES TO
FORMER DESIGN AND FORMER EXPERIMENTAL SCHEDULE.
Q. OKAY. DO THEY AFFECT ANALYSIS OF THE RESULTS THAT
THESE PARTICULAR RESEARCH SCIENTISTS WERE PERHAPS
INTERPRETING?
A. NO. I DON'T THINK SO.
Q. OKAY. THEY WERE SIMPLY BY WAY OF SCHOLARLY INPUT?
A. THEY WERE -- YEAH. THEY WERE MOSTLY -- THESE
RESULTS INCLUDED JUST PERIPHYTON AND THESE RESULTS
DID NOT INFLUENCE THE WAY OF EXPRESSING RESULTS
FOR THAT.
Q. OH, YOU KNOW, I THINK I HAD MISUNDERSTOOD. THEY
HAD DONE PERIPHYTON WORK AND YOU WERE REVIEWING
THE PERIPHYTON WORK THAT THEY HAD DONE?
A. NO. THE PERIPHYTON WAS NOT INCLUDED IN THE
ORIGINAL DESIGN.
Q. UH-HUH (YES).
A. THE PERIPHYTON IN FERTILIZER STUDY WAS NOT
INCLUDED.
Q. RIGHT.
A. SO, I WAS ASKED TO MAKE SOME SUGGESTIONS IF WE
COULD DO SOME PERIPHYTON STUDY IN FERTILIZER
PLOTS.
Q. OKAY. HOW LONG HAD THE FERTILIZER EXPERIMENT BEEN
DR. VYMAZAL PAGE 33
GOING AT THE TIME THAT YOU MADE YOUR SUGGESTIONS
FOR PERIPHYTON?
A. YEAH. IT WAS APPROXIMATELY ABOUT THREE -- ABOUT
SEVEN OR EIGHT MONTHS.
Q. SO, IT'S FAIR TO SAY THAT THE FERTILIZER OF
EXPERIMENTAL DESIGN WAS NOT MADE WITH PERIPHYTON
DATA COLLECTION IN MIND?
A. YES. THAT'S RIGHT.
Q. AND WAS ADDED SUBSEQUENTLY?
A. YES.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 9 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. PONZOLI) VYMAZAL NUMBER 9 -- CAN YOU
IDENTIFY THAT, PLEASE?
A. YEAH. THIS IS AGAIN, AN ADDENDUM TO PROPOSAL OF
DR. RADER, "INFLUENCE OF SOLAR RADIOACTIVE
PHOSPHORUS ON OPEN WATER COMMUNITIES." THIS WAS
MY COMMENTS AND SUGGESTIONS FOR DOSING STUDY.
Q. WERE -- I GUESS I SHOULD BACK UP TO VYMAZAL
NUMBER 8. WERE YOUR COMMENTS INCLUDED IN THE
FERTILIZER---
A. NOW---
DR. VYMAZAL PAGE 34
Q. ---STUDIES AND DATA COLLECTIONS?
A. ---WAS NUMBER 8?
Q. GOING BACK TO THE ONE---
A. YEAH, YES.
Q. ---REGARDING THE FERTILIZER.
A. YES. THEY -- YEAH, THEY WERE INCLUDED.
Q. YOUR COMMENTS WERE INCORPORATED?
A. YES. YES.
Q. AND, AGAIN, WERE THEY INCORPORATED IN THE DOSING
STUDY?
A. YES. THIS -- I MADE THESE SUGGESTIONS WHEN THE
FINAL -- NOT THE EXPERIMENTAL DESIGN, BUT THE WAY
OF EVALUATING OUR DATA. SO, THIS ADDENDUM WAS NOT
AIMED AT THE CHANGES OR SUGGESTIONS TO THE DESIGN
OF THE WHOLE EXPERIMENT, BUT THERE ARE SOME
SUGGESTIONS WHAT WE CAN DO AND WHAT WE CAN SAMPLE
IN ORDER TO GET THE BEST RESULTS.
Q. THAT WAS IN THE DOSING STUDY.
MR. McCAUGHAN: YOU HAVE 8 THERE?
WITNESS: THIS IS A NUMBER 9.
MS. PONZOLI: THIS IS NUMBER 8---
MR. HYDE: OH, OKAY.
MS. PONZOLI: ---MR. McCAUGHAN.
WITNESS: THIS IS NUMBER 9.
DR. VYMAZAL PAGE 35
Q. (BY MS. PONZOLI) AND NUMBER 9, YOU'RE SAYING THAT
IT WAS AIMED AT WAYS OF EVALUATING THE DATA---
A. YEAH.
Q. ---THAT YOU FELT WOULD BE---
A. YES.
Q. ---MORE APPROPRIATE?
A. BECAUSE WHEN I GOT HERE IN THE MARSH, WE -- THERE
WAS NOT A FINAL DESIGN FOR -- MOSTLY FOR SAMPLING
SCHEDULE, SO WE WORK WITH DR. RADER ON THAT.
Q. DOES DR. RADER COLLECT MOST OF THAT DATA ON THE
PERIPHYTON?
A. I DID.
Q. YOU COLLECTED IT?
A. YEAH.
Q. OKAY. WHO WILL DO THE WORK AT THE DOSING STUDY,
DR. VYMAZAL, AFTER YOU LEAVE, ON PERIPHYTON?
A. PROBABLY DR. RADER.
Q. HAVE YOU AND DR. RADER SPENT TIME IN THE FIELD
TOGETHER?
A. MOSTLY NOT. MOSTLY I WENT WITH BOB JOHNSON.
Q. RIGHT.
A. I SPENT LAST YEAR THREE AND A HALF MONTHS IN
FLORIDA. AND, SINCE THEN, PRACTICALLY EVERY
MONTH, I AM GOING DOWN AND TAKING SAMPLES.
DR. VYMAZAL PAGE 36
Q. ALL RIGHT. WHILE WE'RE ON THAT, I THINK THAT'S
PROBABLY, YOU KNOW, A GOOD POINT FOR ME TO GET
YOUR FIELD EXPERIENCE. YOU WERE THREE AND A HALF
MONTHS CONTINUOUSLY IN FLORIDA?
A. YEAH. I -- WHEN I GOT HERE THE MARCH THE 1ST, I
WENT FOR THE FIRST TIME IN APRIL 1991 FOR ABOUT
FOURTEEN DAYS. AND I HELPED IN THE FIELD,
SAMPLINGS WITH BOTH WITH DR. CRAFT AND DR. QUALLS.
SO IT WAS, LIKE, MY INTRODUCTION TO THE PROBLEM.
AND THEN I SPENT THREE AND A HALF MONTHS BETWEEN
MID-MAY 1991 AND BEGINNING OF SEPTEMBER 1991 AND
WE WERE -- IN FACT, IN THAT TIME, WE MOSTLY BUILT
THE DOSING STUDY.
Q. OKAY. YOU SAID YOU WERE INTRODUCED IN THIS FIRST
FOURTEEN-DAY FIELD JOURNEY WITH DRS. CRAFT AND
QUALLS. YOU WERE INTRODUCED TO THE PROBLEM.
A. YES.
Q. WHAT IS THE PROBLEM, AS YOU UNDERSTAND IT?
A. YES. I WENT FIRST WITH DR. QUALLS. AND WE MADE
SAMPLINGS IN GRADIENT STUDY, WHICH I THINK WAS THE
LAST SAMPLING TIME. IT WAS APRIL '91, SO I HELPED
THEM TO MEASURE, LIKE, OXYGEN, AND CONDUCTIVITY ON
THE REDOX. AT THAT TIME, IN FACT, I DIDN'T KNOW
MUCH ABOUT THE WHOLE PROJECT IN GRADIENT STUDIES,
DR. VYMAZAL PAGE 37
PER SE. I -- IN FACT, I HAVE NEVER BEEN INVOLVED
IN THIS GRADIENT STUDY. AND---
Q. BUT WHAT WAS THE PROBLEM? THAT WAS MY QUESTION.
YOU SAID YOU WERE INTRODUCED TO "THE PROBLEM," AND
I'M ASKING YOU -- MY QUESTION TO YOU IS, WHAT IS
"THE PROBLEM" IN THE EVERGLADES, AS YOU UNDERSTAND
IT?
A. YEAH. IN THE GRADIENT STUDY, THE PROBLEM WAS TO
FIND OUT HOW NUTRIENT CONCENTRATIONS ARE
DECREASING; WHEN -- WHAT IS GOING THROUGH THE
EVERGLADES.
Q. THAT'S A PROBLEM, HOW THEY DECREASE?
A. THEY TRIED TO FIND WHAT IS HAPPENING, SO, ALONG
THE GRADIENT OF DISTANCE---
Q. THIS IS A GRADIENT OF WHAT -- FROM WHAT TO WHAT?
A. YEAH. IT WAS -- IN FACT, THEY GOT THREE TRANSACTS
FROM HILLSBORO CANAL INSIDE THE WATER CONSERVATION
AREA. IT'S 2, OR IT'S 2A. I STILL -- YEAH. IT'S
IN 2A---
Q. UH-HUH (YES).
A. ---AND THEY TRIED TO FIND OUT HOW THE
CONCENTRATION OF NITROGEN, PHOSPHORUS, AND REDOX,
HOW CHANGES ALONG THIS DISTANCE.
Q. OKAY. HAVE YOU, IN YOUR PRIOR EXPERIENCE --
DR. VYMAZAL PAGE 38
YOU'RE A PHYCOLOGIST BY TRAINING, DR. VYMAZAL?
A. YES. I, IN FACT, GRADUATED IN PRAGUE INSTITUTE OF
WATER TECHNOLOGY IN DEPARTMENT OF WATER TECHNOLOGY
AND ENVIRONMENT. AND I DID MY THESIS AND THEN
Ph.D. DEGREE IN DEPARTMENT OF HYDROBIOLOGY.
Q. HYDROBIOLOGY.
A. HYDROBIOLOGY -- AND I WAS DEALING MOSTLY WITH
ALGAE.
Q. ALL RIGHT. HAVE YOU STUDIED OLIGOTROPHIC SYSTEMS,
DR. VYMAZAL?
A. WE -- BEFORE, WE HAVE, UNFORTUNATELY, MOSTLY
EUTROPHIC SYSTEMS---
Q. RIGHT.
A. ---IN CZECHOSLOVAKIA.
Q. RIGHT.
A. BUT ALSO WE DO HAVE SOME OLIGOTROPHIC.
Q. OKAY. DO YOU UNDERSTAND THE FLORIDA EVERGLADES TO
BE AN OLIGOTROPHIC SYSTEM?
A. I -- YES.
Q. OKAY. DO YOU UNDERSTAND THERE TO BE A
EUTROPHICATION PROBLEM?
A. YES. IT'S RELATIVE BECAUSE WHAT IS CALLED
EUTROPHICATION IN THE EVERGLADES IS VERY, VERY
GOOD SITUATION CZECHOSLOVAKIA. SO -- BUT---
DR. VYMAZAL PAGE 39
Q. EXCUSE ME. I'M SORRY.
A. I WAS JUST SAYING THAT IT'S A RELATIVE PROBLEM
BECAUSE THE WATER IS CALLED -- EUTROPHICATION IN
THE EVERGLADES CAN BE CALLED A VERY GOOD SITUATION
IN CZECHOSLOVAKIA. BUT, YES---
Q. DO YOU HAVE A SUBTROPICAL CLIMATE IN
CZECHOSLOVAKIA?
A. NO. NO, WE DON'T. WE HAVE A LOT OF POLLUTION.
Q. ALL RIGHT.
A. SO, YES, THAT'S THROUGH THE EUTROPHICATION, YEAH.
Q. RIGHT.
A. THAT IS A---
Q. SO, WHEN -- SO, WHEN YOU SAID BEFORE THAT YOU WERE
INTRODUCED TO THE PROBLEM, WERE YOU REFERRING TO
THIS CONCERN WITH EUTROPHICATION IN THE FLORIDA
EVERGLADES?
A. I WAS MOSTLY -- WHEN I TOLD PROBLEM, I WAS
THINKING MOSTLY THE PROBLEM OF FIELD SAMPLINGS AND
HOW THIS SAMPLING PROCEDURE GOES.
Q. LET ME ASK YOU THIS. WELL, WE CAN COME BACK TO
THAT. DO WE -- WE COVERED EXHIBIT NUMBER 9.
A. YES.
Q. BUT I DON'T BELIEVE -- DO YOU HAVE NUMBER 10 --
VYMAZAL NUMBER 10?
DR. VYMAZAL PAGE 40
A. YEAH, NUMBER 10 IS OVER HERE.
Q. YOU SAY THAT YOUR SUGGESTIONS IN NUMBER 9 WERE
INCORPORATED INTO THE DOSING STUDY. IS THAT
ACCURATE?
A. YES.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 10 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. PONZOLI) CAN YOU IDENTIFY VYMAZAL
NUMBER 10, PLEASE?
A. YES. THIS IS ADDENDUM TO PROPOSAL OF LORI SUTTER.
IT'S EFFECTS OF PHOSPHORUS LOADING IN A
HYDROPERIOD OF SAWGRASS. IT WAS STUDY WHICH WAS
DONE IN GREENHOUSE. AND I INCLUDED SOME ANALYSIS
CONCERNING ALGAE BECAUSE THE MASTER'S PROJECT OF
LORI SUTTER WAS DESIGNED BEFORE I CAME HERE. SO,
AFTERWARDS, I WAS ASKED IF I CAN DO SOME ALGAE
IDENTIFICATION AND ANALYSIS.
Q. MS. SUTTER HAD A LOT OF VOLUNTEER, UNEXPECTED
SPECIES GROW UP IN HER POTS, DID SHE NOT?
A. YEAH.
Q. INCLUDING PERIPHYTON?
A. YEAH, YES.
DR. VYMAZAL PAGE 41
Q. OKAY. AND YOU DID SOME ANALYSIS---
A. YES.
Q. ---OF THAT PERIPHYTON---
A. YES.
Q. ---THAT APPEARED IN THE VARIOUS NUTRIENT DOSINGS
TO HER---
A. YES.
Q. ---GREENHOUSE EXPERIMENT?
A. YES.
Q. OKAY. CAN WE RETURN TO EXHIBIT NUMBER 9 FOR ONE
SECOND? I GUESS IT'S NUMBER 8, ACTUALLY.
MR. McCAUGHAN: IS 8 STILL BEING --
HERE.
Q. YEAH, IT'S NUMBER 8.
MR. McCAUGHAN: HERE IT IS.
A. YES.
Q. THE GRADIENT STUDY.
A. YES.
Q. WHAT WAS THE PURPOSE OF THE SAMPLING AS IT WAS
EXPLAINED TO YOU BY DRS. CRAFT AND QUALLS?
A. YES. I WAS TOLD THAT THIS NITROGEN AND PHOSPHORUS
ADDITIONS ARE AIMED AT -- TO TRY TO FIND IF
INCREASING PHOSPHORUS AND NITROGEN CONCENTRATION
CAN INFLUENCE THE SPECIES COMPOSITION OF
DR. VYMAZAL PAGE 42
MACROPHYTES. AND IN THERE IS ALSO SOME INFLUENCE
ON PHOSPHORUS AND NITROGEN UPTAKE BY PLANTS.
Q. AND WHAT WAS THE IMPORTANCE OF THAT? WHY WERE
THEY BOTHERING TO DO THIS?
A. YEAH, BECAUSE THERE IS A -- PHOSPHORUS AND
NITROGEN ARE ENTERING THESE AREAS OF THE
EVERGLADES. SO THEY WANTED TO KNOW IF THIS
PHOSPHORUS AND NITROGEN INPUT CAN INFLUENCE A
STRUCTURE OF---
Q. OF COMMUNITIES?
A. ---OF COMMUNITIES. THAT'S RIGHT.
Q. OKAY. ARE THESE ANTHROPOMORPHIC ADDITIONS? ARE
THESE MAN-INDUCED ADDITIONS OF NITROGEN AND
PHOSPHORUS TO THE EVERGLADES, AS YOU UNDERSTAND
IT?
A. YES. I UNDERSTOOD THAT FROM THE AGRICULTURE
AREA, THERE IS A INPUT OF PHOSPHORUS AND
NITROGEN.
Q. OKAY. I'D LIKE TO RETURN AND TALK ABOUT THE
VARIOUS THINGS INDIVIDUALLY. I'M JUST GOING TO
IDENTIFY THEM---
A. YES.
Q. ---MOSTLY NOW.
A. YES.
DR. VYMAZAL PAGE 43
MR. McCAUGHAN: OFF THE RECORD.
(THEREUPON, THERE WAS AN
OFF-THE-RECORD DISCUSSION
WHICH WAS NOT REPORTED
BY THE COURT REPORTER.)
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 11 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. PONZOLI) I'M GOING TO HAND YOU VYMAZAL
NUMBER 11, DR. VYMAZAL, AND ASK YOU TO PLEASE
IDENTIFY THAT COMPOSITE EXHIBIT.
A. YEAH. THIS IS MONTHLY REPORT FROM SEPTEMBER 1992
AND FOUR QUARTERLY REPORTS BEGINNING OCTOBER 1991
UNTIL SEPTEMBER 1992.
Q. DID YOU AUTHOR PARTS OF THESE, DR. VYMAZAL?
A. YES. I---
Q. COULD YOU IDENTIFY THOSE?
A. YES.
Q. PROBABLY BY DATE AND THE PORTIONS THAT YOU'VE
AUTHORED WOULD BE USEFUL FOR US.
A. YES. SO, IN MONTHLY REPORT, SEPTEMBER 15, 1992---
Q. MAY I JUST BRIEFLY ASK YOU---
A. IT WAS---
DR. VYMAZAL PAGE 44
Q. ---DO YOU THINK THAT WAS A TYPOGRAPHICAL ERROR
THAT IT'S CALLED A "MONTHLY REPORT"? DIDN'T YOU
GENERALLY ONLY ISSUE QUARTERLY REPORTS?
A. WE USUALLY ISSUED QUARTERLY REPORTS. BUT IN
SEPTEMBER, WE WERE ASKED FOR MONTHLY REPORT.
Q. IS THAT GOING TO CONTINUE NOW, FROM NOW ON, THAT
YOU WILL HAVE MONTHLY REPORTS? DO YOU KNOW?
A. I DON'T KNOW.
Q. YOU HAVE NO IDEA?
A. I DON'T KNOW.
Q. DO YOU KNOW WHO ASKED FOR THE MONTHLY REPORT?
A. I DON'T KNOW. I DON'T KNOW.
Q. DO YOU KNOW WHO ASKED YOU TO CONTRIBUTE TO IT?
A. YES. WE WERE TOLD IN OUR REGULAR WEEKLY MEETINGS
IN THE WETLAND CENTER THAT IT'S -- WE NEED TO
BRING SOME BRIEF DATA FOR MONTHLY REPORT.
Q. OKAY. SO, WHAT PART DID YOU AUTHOR?
A. YES. THIS WAS A SUB-PROJECT NUMBER 6.
Q. FOR HOW MANY PARAGRAPHS? IT GOES ON FOR---
A. IT WAS JUST---
Q. A SINGLE PARAGRAPH?
A. YEAH, SINGLE PARAGRAPH.
Q. SO, NUMBER 6 WOULD BE---
A. SUB-PROJECT 6.
DR. VYMAZAL PAGE 45
Q. OKAY.
A. THEN, IN QUARTERLY REPORT, OCTOBER-DECEMBER 1991,
IT WAS SUB-PROJECT 4. THAT IS FIVE PARAGRAPHS OF
FIVE POINTS.
Q. FIVE POINTS TO A PARAGRAPH?
A. YEAH. IT'S FIVE PARAGRAPHS, IN FACT.
Q. OKAY.
A. THEN, IN QUARTERLY REPORT, JANUARY-MARCH 1992, IT
WAS SUB-PROJECT 5. THAT IS, AGAIN, FIVE
PARAGRAPHS. QUARTERLY REPORT, APRIL-JUNE 1992,
IT'S SUB-PROJECT 6.
Q. UH-HUH (YES).
A. AND THERE ARE FOUR PARAGRAPHS. AND IN QUARTERLY
REPORT, JULY-SEPTEMBER 1992, IT'S SUB-PROJECT 3.
AND THERE ARE, AGAIN, FIVE PARAGRAPHS.
Q. OKAY. THANK YOU VERY MUCH.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 12 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. PONZOLI) OKAY, I'M GOING TO HAND YOU
VYMAZAL NUMBER 12, AND ASK YOU IF YOU CAN IDENTIFY
THAT?
A. YES. THESE ARE SOME MISCELLANEOUS, MOSTLY FIELD
DR. VYMAZAL PAGE 46
DATA AND RAW DATA FROM -- MOSTLY FROM -- NOT
MOSTLY, BUT FROM DOSING STUDY.
Q. OKAY. DID YOU HELP DESIGN THE DOSING STUDY,
DR. VYMAZAL?
A. I, IN FACT, DESIGNED THE PERIPHYTON SAMPLER, AND I
WAS INVOLVED IN JUST DISCUSSIONS ABOUT THE DESIGN
OF DOSING STUDY.
Q. LET ME JUST ASK YOU A BRIEF QUESTION WHILE IT'S ON
MY MIND. I MAY FORGET LATER. I BELIEVE THE
CHANNELS, DR. VYMAZAL, ARE TWO METERS WIDE---
A. YES.
Q. ---IS THAT ACCURATE?
A. YES.
Q. DID YOU AGREE WITH THAT DESIGN OF TWO METERS WIDE?
A. YES.
Q. DO YOU BELIEVE THAT THERE WILL BE A SHADING
PROBLEM FOR THE PERIPHYTON---
A. YEAH.
Q. ---IN THE CHANNELS?
A. WE DECIDED TO INCLUDE THE SLIDES FOR PERIPHYTON
SAMPLINGS. AND ALL SAMPLINGS WILL BE DONE JUST IN
THE MIDDLE ONE-METER SECTION. SO, THERE WILL BE
HALF A METER FROM BOTH SIDES, WHICH WON'T BE USED
FOR ANY SAMPLINGS.
DR. VYMAZAL PAGE 47
Q. OKAY. AND YOU HAVE DONE FIELD TESTING THAT THE
SUNLIGHT HITS IN AN EVEN PATTERN DOWN THAT ONE
MIDDLE -- DOWN THE CENTER OF EACH CHANNEL?
A. YEAH. WE JUST -- WE, IN FACT, DIDN'T MAKE AN
EXACT -- EXACT MEASUREMENTS, BUT ACCORDING, LIKE,
TO FIELD OBSERVATION, IT SEEMS THAT HALF A METER
FROM BOTH SIDES IS EVEN MORE THAN IT'S, IN FACT,
SHADED, ESPECIALLY WHEN THE WATER IS HIGH. AND
WE, IN FACT, DESIGNED ONE CHANNEL. IT'S NOT, IN
FACT, A CHANNEL, WITHOUT THE WALLS FOR CORRECTION
OF WALL EFFORTS.
Q. SO, THAT YOU CAN JUDGE THE DIFFERENCE BETWEEN---
A. YEAH.
Q. ---WITH WALLS AND WITHOUT WALLS?
A. YES.
Q. OKAY. IS THERE ANYTHING ELSE IN VYMAZAL
NUMBER 12?
A. NO.
Q. OKAY. THERE'S A NOTE ON THE TOP OF VYMAZAL --
THIS IS A UNIQUE DESIGN OF---
A. YEAH.
Q. ---A SAMPLER---
A. YES.
Q. ---WHAT DOES THAT MEAN?
DR. VYMAZAL PAGE 48
A. I WAS TOLD THAT, IF THERE ARE ANY DESIGNS OR DATA
WHICH I KNOW -- I DON'T KNOW AT THE TIME -- WHICH
COULD BE---
MR. McCAUGHAN: COULD BE PATENTABLE
OR---
A. PATENT, YEAH. SO I JUST MAKE A NOTE. IT'S NOT IN
THE IDEAS THEMSELVES FOR PERIPHYTON. COLLECTIONS
ARE MOSTLY VERY CLOSE, BUT JUST THE DESIGN DIFFERS
A BIT. SO, WE USED A BIT UNUSUAL DESIGN FOR THIS
PERIPHYTON SAMPLE.
MR. McCAUGHAN: WE'RE NOT GOING TO
WITHHOLD THAT, AND REQUIRE CONFIDENTIALITY.
MS. PONZOLI: OKAY.
Q. (BY MS. PONZOLI) LET ME ASK YOU HOW IT DIFFERS
WHILE WE'RE HERE BECAUSE I MAY FORGET WHEN WE GET
THERE LATER.
A. WE ARE USING A FLOATERS WHICH WILL SLIDES ON POLES
SO THAT WILL ENABLE THE SLIDES BE IN THE SAME VATS
ALL THE TIME BECAUSE MOSTLY ALL THESE PERIPHYTON
SAMPLES ARE FIXED.
Q. LET ME -- SO I UNDERSTAND, YOU WILL HAVE
PERIPHYTOMETERS MOUNTED ON FLOATERS?
A. YES.
Q. AND THEY WILL BE MAINTAINED AT THE SAME DEPTH IN
DR. VYMAZAL PAGE 49
THE WATER?
A. YES. BECAUSE THEY ARE IN BOTH SIDES, THEY ARE
ROUNDED FLOATERS WHICH HAVE A HOLE INSIDE. AND
THROUGH THE HOLE WILL BE A POLE, SO IT WILL GO UP
AND DOWN SO---
Q. YOU CAN PLACE THE SLIDES OF THE PERIPHYTOMETER AT
VARIOUS WATER DEPTHS?
A. YEAH. WE HAVE -- THESE SLIDES ARE FIXED BY
FISHING LINE ABOUT SEVEN CENTIMETERS LONG. BUT
THESE FLOATERS WILL ENABLE TO GO UP AND DOWN
ACCORDING TO WATER FLUCTUATION. SO, THE POLE,
WHICH IS HOLDING SLIDES WILL BE ALL THE TIME IN
THE SAME HEIGHT ABOVE THE WATER.
Q. SO, IT WILL BE THE SAME DEPTH---
A. YEAH.
Q. ---RELATIVE TO THE SURFACE---
A. YEAH, YEAH.
Q. ---BECAUSE OF THE FLOATERS---
A. YES.
Q. ---GOING UP AND DOWN---
A. YES.
Q. ---WHATEVER THE LEVEL OF THE WATER?
A. YES.
Q. IS THAT CORRECT?
DR. VYMAZAL PAGE 50
A. YES.
Q. OKAY.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 13 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. PONZOLI) ALL RIGHT. I'M GOING TO HAND
YOU VYMAZAL NUMBER 13 AND ASK YOU IF YOU CAN
IDENTIFY THAT COMPOSITE EXHIBIT.
A. YEAH. THESE ARE MOSTLY LAB RAW DATA AND TABLES I
DID IN THE GREENHOUSE STUDY. AND WE -- IT
INCLUDES SOME ANALYSES OF PLANKTONIC ENERGY AND
PERIPHYTON ENERGY AND LAYER OF PERIPHYTON PLUS
SOIL FROM THE GREENHOUSE STUDY.
Q. FROM THE STANDPOINT OF PERIPHYTON, DR. VYMAZAL,
THAT WAS CERTAINLY NOT A CONTROLLED STUDY. ISN'T
THAT TRUE?
A. YES. IT WAS---
MR. McCAUGHAN: EXCUSE ME. WOULD YOU --
COULD YOU CLARIFY THAT OR REPEAT THE QUESTION
AND THEN -- PLEASE?
MS. PONZOLI: WANT TO READ IT BACK?
MR. McCAUGHAN: I JUST WANTED TO MAKE
SURE YOU UNDERSTOOD.
DR. VYMAZAL PAGE 51
WITNESS: YES. I UNDERSTOOD. THE STUDY
WAS CONTROLLED WITH RESPECT TO PERIPHYTON.
(THEREUPON, THE QUESTION APPEARING
ON PAGE 50, LINES 16 - 18, INCLUSIVE
WAS REPEATED BY THE COURT REPORTER.)
MR. McCAUGHAN: SO YOUR ANSWER WAS IT
WAS NOT A CONTROLLED STUDY?
A. IT WAS -- IT WAS AIMED AT CONTROLLING THE SAWGRASS
AND WATER CONCENTRATION. SO PERIPHYTON WHICH
APPEARED WAS PROBABLY BROUGHT WITH THE SOIL. SO
IT WASN'T THE AMOUNT. SO WE WERE MOSTLY
INTERESTED IN THE CONCENTRATION OF PHOSPHORUS IN
THE PERIPHYTON BECAUSE WE DID NOT KNOW HOW MUCH
PERIPHYTON WE BROUGHT WITH THE SOIL.
MR. McCAUGHAN: OKAY.
Q. (BY MS. PONZOLI) IS THERE ANYTHING ELSE IN
VYMAZAL NUMBER 13?
A. NO. JUST---
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS PREVIOUSLY MARKED
AS EXHIBIT NO. 14 - JAN VYMAZAL
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. PONZOLI) I'M GOING TO HAND YOU VYMAZAL
NUMBER 14, AND ASK YOU IF YOU CAN IDENTIFY THAT
DR. VYMAZAL PAGE 52
COMPOSITE EXHIBIT, PLEASE?
A. YEAH. THIS IS A MATERIAL WHICH SHOWS THE POSITION
OF SLIDES IN OUR SAMPLERS, AND IS ALSO INCLUDED
BECAUSE WE WILL USE SOME SLIDES FOR DRY WEIGHT.
SO THESE SLIDES HAVE BEEN PRE-WEIGHTED. SO THE
DRY WEIGHT OF THE SLIDES ARE INCLUDED.
Q. IS THIS FOR THE DOSING STUDY?
A. YES.
Q. THIS IS VYMAZAL NUMBER---
A. 14.
Q. ---14 -- IS PART OF THE EXPERIMENTAL DESIGN FOR
THE DOSING STUDY. IS THAT CORRECT?
A. YES. THIS WAS MADE LAST SUMMER. THEN, WHEN WE
FINALLY MAKES A DECISION HOW MANY SAMPLES DO WE
NEED AND FOR WHICH PURPOSES.
Q. OKAY. WE'LL GET INTO THE DESIGN OF THE DOSING
STUDY LATER.
A. YEAH.
Q. I GUESS I MIGHT WANT TO RETURN TO -- YOU REMEMBER
YOUR FLOATERS WITH THE PERIPHYTOMETERS MOUNTED AT
THE SAME LEVEL BECAUSE---
A. YES.
Q. ---THEY WERE KEPT EVEN?
A. YES.
DR. VYMAZAL PAGE 53
Q. WHY IS THAT IMPORTANT?
A. IT'S IMPORTANT TO KEEP SLIDES AT THE SAME DEPTH
BECAUSE THERE COULD BE A LIMITATION -- OR MAYBE
NOT A LIMITATION -- BUT THE GROWTH OF PERIPHYTON
IS CERTAINLY DEPENDENT ON LIGHT INTENSITY, SO WE
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