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 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 PREFER TO HAVE THE SLIDES IN THE SAME DEPTH. Q. THAT IS, IN FACT, A PROBLEM THAT OCCURRED IN THE FERTILIZER STUDY, IS IT NOT? A. WE WERE NOT ABLE TO USE SLIDES IN FERTILIZER STUDY BECAUSE OF THE VERY DENSE GROWTH IN THE SAWGRASS AND SOMETIMES IN MIXED PLOTS, AND WE NEEDED TO HAVE THE SAME SUBSTRATUM FOR PERIPHYTON GROWTH. SO THE ONLY SITE WHERE WE EVENTUALLY COULD HAVE USED THE SLIDES WERE THE SLOUGH SIDE. BUT IT WILL BE COMPARABLE TO SAWGRASS IN MIXED SITE. Q. BUT THE LIGHT INTENSITY WAS A PROBLEM IN THE PERIPHYTON WORK IN THE FERTILIZER STUDY, WAS IT NOT? A. I DON'T THINK IT WAS A PROBLEM, BUT IT MOST PROBABLY INFLUENCED THE BIOMASS. Q. BECAUSE THE PERIPHYTON WOULD HAVE BEHAVED DIFFERENTLY FROM SITE TO SITE, DEPENDING UPON THE INTENSITY OF THE LIGHT IT RECEIVED? A. YEAH. WE--- DR. VYMAZAL PAGE 54 Q. IS THAT CORRECT? A. ---WE MADE A SUGGESTION THAT THE LOWER PERIPHYTON BIOMASS IN SAWGRASS MIGHT BE INFLUENCED BY LOWER LIGHT INTENSITY. Q. ARE OTHER THINGS INFLUENCED BY LOWER LIGHT INTENSITY OTHER THAN BIOMASS AND PERIPHYTON? A. THERE COULD BE AN INFLUENCE OF TEMPERATURE, ESPECIALLY IN THE SLOUGH SIDE BECAUSE, IN THE SUMMERTIME -- AND WE ALSO REFER TO THAT IN THE ANNUAL REPORT -- THAT WE FOUND A BIG DIFFERENCE BETWEEN PERIPHYTON GROWING IN THE SURFACE LAYER IN THE SLOUGH SIDE AND IN THE BOTTOM OR JUST NEXT ABOVE THE BOTTOM BECAUSE THE PERIPHYTON IS VERY DENSE; AND PRACTICALLY DURING THE SUMMERTIME AND FALL, IT COVERED THE WHOLE EXPERIMENTAL PLOT BY A LAYER OF FIVE TO SIX CENTIMETERS THICK. Q. OKAY. WILL LIGHT INTENSITY AFFECT WHICH SPECIES WILL GROW OR NOT GROW? A. IT'S VERY SPECIES DEPENDENT. BUT, IN GENERAL, BLUE-GREEN ALGAE CAN TOLERATE LOWER LIGHT INTENSITY, BUT NOT ALL. BUT IT'S GENERAL EXPECTATION THAT YOU CAN FIND MORE BLUE-GREEN ALGAE. Q. BUT THE ANSWER WOULD HAVE BEEN YES, THAT SPECIES DR. VYMAZAL PAGE 55 DO DEPEND UPON LIGHT INTENSITY FOR WHICH ONES WILL GROW AND WILL NOT GROW--- A. YEAH, BUT IT'S--- Q. ---IN VARIOUS SITES? A. ---SPECIES DEPENDENT. Q. ONE SPECIES WILL GROW IN A LOWER LIGHT, AND ONE WILL NOT. IS THAT WHAT YOU'RE SAYING? A. YES. Q. OKAY. DID YOU TAKE LIGHT INTENSITY MEASUREMENT AT THE FERTILIZER STUDY? A. NO, WE DID NOT. Q. OKAY. WHY NOT? A. WE JUST EXPRESSED THIS LIKE SUGGESTION AND--- Q. IS "WE" MEANING YOU SUGGESTED THAT IT SHOULD BE DONE? A. I THINK IT COULD BE OF USE. Q. DID YOU EVER SUGGEST THIS TO DR. RICHARDSON OR ANY OF THE OTHER PRINCIPAL INVESTIGATORS THAT LIGHT INTENSITY MEASUREMENT EITHER SHOULD HAVE BEEN OR SHOULD BE IN THE FUTURE TAKEN AT THE FERTILIZER EXPERIMENT? A. I THINK I JUST MENTIONED THAT LIGHT INTENSITY MIGHT INFLUENCE. I PROBABLY DO NOT SUGGEST TO MEASURE LIGHT INTENSITY. DR. VYMAZAL PAGE 56 Q. DO YOU BELIEVE THAT IT'S SOMETHING THAT SHOULD BE DONE? A. I -- IN FACT, I DON'T THINK THAT IN SAWGRASS, ESPECIALLY, AND MIXED SITE, THE PERIPHYTON GROWTH IS AS IMPORTANT IN THE SLOUGH SIDE. SO -- AND WE EVENTUALLY FOUND A VERY LOW PERIPHYTON GROWTH IN SAWGRASS STANDS. Q. BUT THAT WAS A VERY DENSE MONOCULTURE OF SAWGRASS--- A. YES. Q. ---THEREFORE, YOU WOULD NOT EXPECT TO FIND VERY MUCH PERIPHYTON, WOULD YOU, DR. VYMAZAL? A. I -- BEFORE I STARTED, I DIDN'T KNOW, SO THAT'S WAS -- WE WERE INTRODUCED THIS. AND EVERGLADES IS IN MANY ASPECTS A VERY UNIQUE ENVIRONMENT. SO I, IN FACT, DID NOT MAKE ANY PREDICTIONS BEFORE. Q. BUT, NOW, HAVING SPENT SOME TIME IN THE FIELD, YOU WOULD KNOW THAT IN A VERY DENSE MONOCULTURE OF SAWGRASS, ONE WOULD NOT IN THE EVERGLADES EXPECT TO FIND VERY MUCH PERIPHYTON, WOULD ONE? A. IN FACT, I THINK THAT WITH RESPECT TO THE DENSITY OF SAWGRASS STAND, THERE IS RELATIVELY A LOT OF PERIPHYTON. DR. VYMAZAL PAGE 57 Q. DOES THAT CONTRADICT WHAT YOU SAID BEFORE WHERE YOU SAID YOU DIDN'T THINK THAT PERIPHYTON WAS VERY IMPORTANT IN THE SAWGRASS? A. NO, I DON'T THINK SO. IT'S STILL IN -- WHERE YOU COMPARE IT, FOR EXAMPLE, WITH SLOUGH, IT'S STILL VERY LOW BIOMASS. BUT WHEN YOU SEE THE VERY DENSE STAND -- VERY DENSE SAWGRASS STAND, IT -- MAYBE YOU CAN EXPECT A LOWER BIOMASS THAN YOU -- THAN WE FINALLY FOUND. BUT IT'S STILL, AS COMPARED TO SLOUGH SITES, IT'S VERY, VERY SMALL QUANTITIES. Q. OKAY. I THINK I'M CONFUSED AS TO WHAT YOU'RE SAYING, DR. VYMAZAL. YOU WERE TELLING ME THAT IN A SAWGRASS DENSE MONOCULTURE SUCH AS WE HAVE AT THE FERTILIZER SITE--- A. YES. Q. ---IN WATER CONSERVATION AREA 2B, THAT THERE IS LOW LIGHT INTENSITY BECAUSE OF THE MACROPHYTE MASS--- A. SHADING. Q. ---PRESSED CLOSE TOGETHER; THERE'S A LOT OF SHADING. A. YES. Q. IS THAT CORRECT? DR. VYMAZAL PAGE 58 A. YES. Q. OKAY. THAT THERE IS VERY LOW BIOMASS OF THE PERIPHYTON. IS THAT CORRECT? A. IT'S LOWER THAN THE SLOUGH SITE. Q. ALL RIGHT. A. IN OPEN WATER--- Q. IT'S LOWER THAN A SLOUGH SITE. A. ---IN A OPEN WATER AREAS. Q. OKAY. IS IT LOWER THAN THE MIXED? A. YES. Q. IS THERE ANYTHING LOWER THAN THIS SAWGRASS MONOCULTURE SITE THAT YOU HAVE SAMPLED IN THE FLORIDA EVERGLADES? A. NO. Q. OKAY. THIS IS THE LOWEST. A. WE FOUND THESE LOWEST NUMBERS IN SAWGRASS. Q. OKAY. YOU SAID THAT THE EVERGLADES IS A VERY UNIQUE ENVIRONMENT. WHY IS THAT? A. I THINK IT'S A COMBINATION OF CLIMATE AND, OF COURSE, THE WATER QUALITY AND LIGHT INTENSITY AND TEMPERATURE, SO IT CREATES A VERY SPECIFIC ENVIRONMENT, I THINK. Q. HAVE YOU SEEN SUCH AN ENVIRONMENT--- A. NO. DR. VYMAZAL PAGE 59 Q. ---ANYWHERE ELSE IN THE WORLD? A. NO. Q. THANK YOU. WE FEEL THE SAME. MR. HYDE: AS DO WE ALL. A. YOU MEAN, LIKE, PERSONALLY OR--- Q. YES. HAVE YOU PERSONALLY--- A. NO. Q. ---EVER SEEN--- A. YES, NO, NO. Q. ---SUCH AN ENVIRONMENT--- A. NO. Q. ---IN THE WORLD? A. PERSONALLY--- Q. HAVE YOU READ OF SUCH AN ENVIRONMENT? A. YES. Q. YES, OKAY. WHERE ELSE? A. BELIZE. Q. BELIZE. AND WHAT IS THE NAME OF THIS? A. IT'S IN -- I KNOW EXACTLY -- IT'S IN BELIZE, FORMER BRITISH HONDURAS--- Q. UH-HUH (YES). A. ---THERE ARE SOME SITES WHICH RESEMBLE VERY MUCH FLORIDA EVERGLADES. THEY ARE, OF COURSE, NOT OF SUCH A LARGE AREA. DR. VYMAZAL PAGE 60 Q. IS THIS IN THE LITERATURE? A. YES, IT IS. Q. OKAY. CAN YOU CITE ME--- A. YEAH. THE--- Q. ---TO ARTICLES THAT WOULD DESCRIBE IT? A. ---IT'S THE UNIVERSITY OF CALIFORNIA AT DAVIS IS DOING THIS RESEARCH IN CONJUNCTION WHICH NASA. AND THEIR RESEARCH IS MOSTLY AIMED AT FINDING THE DIFFERENT ENVIRONMENTS FOR MOSQUITOES. AND THEY ARE -- THEIR SLOUGH SIDES ARE VERY SIMILAR TO THE EVERGLADES SLOUGHS. MOST--- Q. IS THE IMPORTANCE OF THE MOSQUITOES AS PART OF THE FOOD CHAIN? A. THEY, IN FACT, TRY TO IDENTIFY SPECIES WHICH TRANSFER DISEASES. SO THEY MOSTLY DO NOT AIM THEIR RESEARCH ON THE FOOD CHAIN. Q. OKAY. THEY'RE NOT LOOKING TO PRESERVE THAT ENVIRONMENT. THEY'RE LOOKING FOR A HEALTH PROBLEM SOURCE. A. YEAH. IT IS A HEALTH PROBLEM. MR. HYDE: SOME PEOPLE ARE STILL CONCERNED ABOUT HUMAN BEINGS. MS. PONZOLI: SOME HUMAN BEINGS ARE CONCERNED ONLY ABOUT THEMSELVES. DR. VYMAZAL PAGE 61 Q. (BY MS. PONZOLI) WHAT WATER QUALITY PARAMETERS MAKE THE EVERGLADES UNIQUE? A. I THINK IT'S, IN GENERAL, A VERY LOW, ESPECIALLY PHOSPHORUS CONCENTRATION, AND ACCORDING TO REPORT IT SEEMS THAT PHOSPHORUS IS LIMITING NUTRIENT IN MOST OF THE EVERGLADES. Q. YOU SAY ACCORDING TO THE REPORTS. BUT, IN FACT, DR. VYMAZAL, DON'T YOUR CHAPTERS REFLECT THAT YOUR RESEARCH SHOWS THE SAME THING? A. YES. WE FOUND IN BOTH FERTILIZER AND DOSING STUDY SOME RESULTS MOSTLY BASED ON THE RATIO OF PHOSPHORUS AND NITROGEN IN PERIPHYTON, THAT PERIPHYTON IS -- THAT PHOSPHORUS IS PROBABLY GROWTH LIMITING. AND WE ALSO FOUND THAT IN THE BELOWGROUNDS PARTS OF MACROPHYTES, THERE IS NO NITROGEN LIKE, SAY, STORAGE P DURING SEASON WHICH SUGGESTS THAT THERE IS A NITROGEN ENOUGH THAT PLANTS DO NOT NEED TO STORE THEM. ON THE OTHER HAND, THERE IS A QUITE CLEAR PHOSPHORUS PEAK IN THE BELOWGROUND. SO, THIS IS A INDICATION THAT PLANTS STORE PHOSPHORUS AND THEN TRANSFER BACK TO THE ABOVEGROUND PARTS. Q. DR. VYMAZAL, WHAT DO YOU UNDERSTAND THE THRUST OF THE DUKE WETLAND CENTER'S RESEARCH IN THE DR. VYMAZAL PAGE 62 EVERGLADES TO BE AIMED AT? DO YOU UNDERSTAND MY QUESTION? A. CAN YOU REPEAT IT? YOU SAID "TRUST" OR--- Q. THE THRUST -- WHAT IS THE GOAL OF THE RESEARCH OF THE DUKE WETLAND CENTER, THEIR EFFORTS IN THE FLORIDA EVERGLADES--- A. YEAH. Q. ---AS YOU UNDERSTAND IT? A. YEAH. AS I UNDERSTAND, IS THE MAIN POINT IS TO FIND OUT HOW PHOSPHORUS AND NITROGEN CAN INFLUENCE THE SPECIES COMPOSITION -- THAT MEANS ALGAE AND PERIPHYTON AND HIGHER PLANTS -- HOW IT SUBSEQUENTLY CAN INFLUENCE THE FOOD CHAIN AND HOW PHOSPHORUS AND NITROGEN ARE STORED IN DIFFERENT PARTS OF THIS ENVIRONMENT. THAT MEANS IN THE SOIL, THE WATER, ALGAE AND PLANTS. Q. THIS SOUNDS SOMEWHAT ESOTERIC, DR. VYMAZAL. DO YOU UNDERSTAND WHAT I MEAN? A. I DON'T KNOW WHAT "ESOTERIC." Q. IT SOUNDS LIKE IT'S SCIENCE DONE ONLY FOR SCIENCE SAKE. AND I DON'T BELIEVE THAT TO BE THE CASE, SO LET ME ASK YOU ANOTHER QUESTION. IS THE DUKE WETLAND CENTER'S RESEARCH AIMED TOWARD FACILITATING RESOLUTIONS TO SOME OF THE DR. VYMAZAL PAGE 63 EUTROPHICATION PROBLEMS IN THE FLORIDA EVERGLADES? A. I DEFINITELY THINK -- I THINK THAT THESE RESULTS CAN BE USED FOR EFFECTIVE MANAGING OF THE EVERGLADES, ESPECIALLY THE WATER FLOWS AND THE INPUT OF NUTRIENTS AND ALSO THESE NUMBERS CAN BE USED FOR THE USE OF SOME -- LET'S SAY SOME ARTIFICIAL MARSHES FOR PHOSPHORUS AND NITROGEN REMOVAL FROM WATER, ESPECIALLY THESE DATA AIMED AT PHOSPHORUS STORAGE AND ACCRETION RATE ARE -- DEFINITELY WERE HELPFUL. Q. WHICH OF THE RESEARCH PROJECTS, AS YOU UNDERSTAND THEM, ARE REALLY RELATED TO WATER FLOWS? A. WHEN I TOLD WATER FLOWS WAS MEANT THAT IT WAS NOT MEANT FOR THE HYDROLOGY. IT WAS MEANT LIKE IT SHOULD BE MANAGED BECAUSE THE FLOW BRINGS NUTRIENTS SO TO KNOW HOW MUCH WATER THEY CAN BRING TO THIS PARTICULAR PARTS OF THE EVERGLADES. SO IT WAS NOT MEANT AS -- IT WAS NOT MEANT TO HYDROLOGY--- Q. RIGHT. A. ---IF I TOLD FLOW, I DIDN'T MEAN HYDROLOGY. Q. OKAY. HAS DUKE WETLAND CENTER SET UP ANY EXPERIMENTS THAT CONTAIN AN ARTIFICIAL MARSH DR. VYMAZAL PAGE 64 ATTEMPTING TO REMOVE PHOSPHORUS AND NITROGEN? A. NO. Q. IS THERE A REASON? DO YOU KNOW A REASON WHY THEY HAVE NOT DONE THIS? MR. HYDE: OBJECTION. CALLS FOR SPECULATION ON THE WITNESS' PART. A. NO, I DON'T KNOW. Q. HAS THIS EVER BEEN DISCUSSED AT ANY OF YOUR MEETINGS -- SHOULD WE SET UP AN EXPERIMENTAL ARTIFICIAL MARSH AND SEE HOW MUCH WE COULD REMOVE OF--- A. NO. Q. ---PHOSPHORUS AND NITROGEN? A. NO. IT WAS NOT RELATED TO ANY SPECIAL CONSTRUCTED WETLANDS. Q. WOULD THAT SEEM TO YOU TO BE A RATIONAL APPROACH TO -- RATIONAL, REASONABLE--- A. YEAH. Q. ---APPROACH TO -- IF THIS WERE YOUR GOAL TO DESIGN ARTIFICIAL MARSHES THAT WOULD, IN FACT, REMOVE PHOSPHORUS AND NITROGEN? A. DO YOU MEAN THAT IF YOU ASKED ME IF IT'S A GOOD IDEA TO DESIGN A SPECIAL -- IN MY OPINION, I THINK THAT ARTIFICIAL MARSHES, IN GENERAL, ARE VERY DR. VYMAZAL PAGE 65 USEFUL. BUT THEY ARE LIMITED TO AREA. AND--- Q. HOW DO YOU MEAN, "LIMITED TO AREA"? A. THE -- I THINK THAT WHEN YOU CONSTRUCT A SMALLER WETLAND IT COULD BE VERY USEFUL AND VERY -- MOSTLY THESE ARE CHEAPER THAN CONVENTIONAL TREATMENT SYSTEMS. Q. THAN CHEMICAL TREATMENT SYSTEMS? A. YEAH. BUT THE MAJOR POINT IN USING CONSTRUCTED OR ARTIFICIAL WETLANDS IS THE AREA NEEDED. AND, IN MY OPINION, IT'S LIKE SPECULATION THAT THERE IS SOME LIMIT FOR THE AREA AND WHEN IT -- THE AREA -- EXCESS THIS AREA, IT'S PROBABLY -- IT'S DOUBTFUL IF IT'S USEFUL. IT'S MY OPINION. Q. YOU MEAN YOU THINK THAT A ONE-ACRE TREATMENT AREA MIGHT BE EFFECTIVE, FOR EXAMPLE, BUT A TEN-ACRE MIGHT NOT? A. I -- NO, NO, NO. THE -- OF COURSE, THERE WILL BE DIFFICULTIES WITH HYDROLOGY IN--- Q. RIGHT. A. ---SUCH A BIG, BIG AREAS THAT YOU CAN HAVE SOME SHORTCUTS AND IT'S QUESTIONABLE. OF COURSE, THE SMALLER AREA IS MUCH BETTER TO HANDLE. BUT I THINK THAT THE COST OF THE LAND SOMETIMES CAN EXCEED THE -- CAN EXCEED SOME -- HOW TO SAY THAT, DR. VYMAZAL PAGE 66 I DON'T KNOW. Q. THE BENEFIT OF--- A. YES, YES. Q. ---CLEANING UP THE DIRTY WATER? A. YEAH. Q. SO, THIS BECOMES REALLY A POLICY JUDGMENT, DOES IT NOT? A. YES. AND THESE RESULTS MUST BE BASED ON EXPERIMENTS WHICH HAVE BEEN DONE IN THAT PARTICULAR SITE. IT'S NOT POSSIBLE TO TRANSFER RESULTS FROM ONE ENVIRONMENT TO THE OTHER, AND IT MUST BE FOR EVERY PARTICLE TYPE OF SOIL AND WATER. Q. LET ME ASK YOU THIS. I WOULD RETURN TO MY QUESTION. DO YOU HAVE ANY IDEA WHY DUKE WETLAND CENTER HAS NOT DONE AN EXPERIMENT WITH AN ARTIFICIAL MARSH CLEANING UP? MR. HYDE: I'M GOING TO OBJECT TO THAT--- A. I DON'T KNOW. MR. HYDE: ---IT WAS ALREADY ASKED AND--- A. I DON'T KNOW. MR. HYDE: ---ANSWERED. ONE MIGHT DR. VYMAZAL PAGE 67 EASILY SAY, YOU KNOW, IT IS A GOOD IDEA FOR THE DISTRICT TO CONSTRUCT AN ARTIFICIAL MARSH PRIOR TO CONSTRUCTING THESE ENORMOUS STORMWATER TREATMENT AREAS. MS. PONZOLI: YOU MAY ANSWER, DR. VYMAZAL. A. I DON'T KNOW. WE--- Q. YOU HAVE NO IDEA WHY IT WAS NEVER--- A. NO--- Q. ---CONSIDERED? A. ---WE DID NOT DISCUSS THIS PROBLEM AT ALL--- Q. UH-HUH (YES). A. ---THE CONSTRUCTED WETLANDS. Q. OKAY. ALL RIGHT. I THINK -- ARE THERE ANY MORE DOCUMENTS IN VYMAZAL NUMBER 14--- A. 14? Q. ---14, THAT YOU HAVE NOT--- A. NO. THIS IS JUST THE--- Q. ---POINTED OUT TO US? A. ---DESIGN OF FLOATING SAMPLES. Q. ALL RIGHT. I'M GOING TO HAND YOU A NOTEBOOK, DR. VYMAZAL, THAT HAS A LITTLE STICKY SAYING "LAB DATA," AND ASK YOU SOME QUESTIONS ON THAT. BUT, BEFORE I HAND YOU VYMAZAL NUMBER 15, LET ME ASK DR. VYMAZAL PAGE 68 YOU, GOING BACK TO THOSE DISCUSSIONS--- A. YES. Q. ---DID YOU EVER DISCUSS ANY METHOD OF PHOSPHORUS REMOVAL AMONG YOUR COLLEAGUES AT THE DUKE WETLAND CENTER? A. YOU MEAN IN THE EVERGLADES? Q. YES, SIR. A. NO. Q. THERE WAS NEVER ANY DISCUSSION OF PHOSPHORUS REMOVAL FOR THE FLORIDA EVERGLADES? A. YEAH, THERE WAS SOME -- WE DISCUSSED THE WAYS HOW PHOSPHORUS IS TAKEN OUT, IN OTHER WORDS, OF PRECIPITATION AND ADSORPTION, BUT I DON'T THINK THAT I WAS INVOLVED IN SUCH A DISCUSSION. I'M NOT SAYING THAT NOBODY WAS DISCUSSING THE PROBLEMS. IT'S THAT I WAS NOT AS INVOLVED IN THIS PROBLEM. Q. WERE YOU EVER AWARE THAT SUCH DISCUSSIONS WERE TAKING PLACE? A. EXCUSE ME? Q. WERE YOU EVER AWARE THAT SUCH DISCUSSIONS MIGHT BE TAKING PLACE? A. YES. Q. AND WHO WOULD BE PARTICIPATING IN THESE DR. VYMAZAL PAGE 69 DISCUSSIONS? A. I THINK PROBABLY DR. RICHARDSON, DR. QUALLS, DR. CRAFT. Q. ALL RIGHT. HAVE YOU PUBLISHED ANY PAPERS, DR. VYMAZAL, ON METHODS OF PHOSPHORUS REMOVAL USING PERIPHYTON? A. I PUBLISHED A PAPER BASED ON MY Ph THESIS--- Q. RIGHT. A. ---WHICH DEALT WITH THE USE OF PERIPHYTON FOR NITROGEN, PHOSPHORUS, AND HEAVY METALS REMOVAL FROM WATERS. Q. WAS PERIPHYTON SUCCESSFUL IN THAT EFFORT? A. YES. IT WAS A, LIKE, PILOT -- SMALL PILOT SCALE OUTDOOR EXPERIMENT IN PRAGUE, AND WE DID GET SOME GOOD RESULTS. Q. OKAY. COULD THIS METHOD BE APPLIED TO THE EVERGLADES, DR. VYMAZAL? A. I DON'T THINK SO. IT WAS DESIGNED FOR VERY SMALL TRIBUTARIES OF DRINKING WATER RESERVOIRS OR, LIKE, FOR TERTIARY TREATMENT FOR VERY SMALL WASTEWATER TREATMENT PLANTS, AND THIS METHOD USED AN ARTIFICIAL SUBSTRATES WHICH IS -- PRACTICALLY CAN BE USED FOR SUCH A LARGE AMOUNTS OF WATER. DR. VYMAZAL PAGE 70 Q. I GUESS IN THEORY, DR. VYMAZAL, COULD IT BE USED ON EACH INDIVIDUAL SITE WHERE THE WATER WAS DISCHARGED? A. I THINK THAT EITHER -- I DON'T THINK SO. Q. WHY NOT? WHY COULDN'T YOU HAVE ON-SITE TREATMENT AT EACH INDIVIDUAL FARM? A. IF YOU MEAN INDIVIDUAL FARM, IT DEPENDS. THIS IS LIMITED BY WATER FLOW BECAUSE -- AND WHEN YOU USE PERIPHYTON, YOU NEED SOME MAINTENANCE BECAUSE THE -- YOU NEED TO HANDLE THESE ARTIFICIAL SUBSTRATES BECAUSE AFTER SOME TIME IT -- THE PERIPHYTON GROWTH IS SO BIG THAT PERIPHYTON CAN DETACH AND AGAIN GO BACK. SO IT NEEDS SOME MAINTENANCE, AND IT'S -- WE JUST DESIGN IT. WE WORK THE VERY SMALL FLOWS. Q. OKAY. ARE YOU TELLING ME THAT THE MAINTENANCE IS SOMEWHAT SOPHISTICATED OF THESE SYSTEMS? A. WHAT DO YOU MEAN BY "SOPHISTICATED"? Q. IS IT SOMEWHAT COMPLICATED TO MAINTAIN THESE SYSTEMS? A. IT'S NOT COMPLICATED. WE -- IN FACT, WE DID NOT OPERATE IN THE FIELD ANY OF THIS PRODUCT. IT WAS JUST MADE OUT ON PILOT SCALE. AND IN CZECHOSLOVAKIA, IT'S PROBLEM TO GET SOMEBODY TO DO DR. VYMAZAL PAGE 71 THIS BECAUSE, YOU KNOW, IT'S MOSTLY THESE SMALL FARMS AND SMALL POLLUTION SOURCES. THEY MOSTLY REQUIRE SOMETHING WHICH DOESN'T NEED TO BE OPERATED. SO--- Q. ALL RIGHT. HAS ANYONE, TO YOUR KNOWLEDGE, SUGGESTED THE USE OF PERIPHYTON TO TREAT WATER IN THE EVERGLADES? A. YOU MEAN, LIKE, EXACTLY LIKE TREATMENT? Q. WELL, THE USE OF PERIPHYTON IN ANY WAY. HAS ANYONE--- A. NO. I--- Q. ---TO YOUR KNOWLEDGE SUGGESTED THE USE OF PERIPHYTON? A. ---I READ A PAPER ON DR. BROWDER -- SUGGESTED THAT PERIPHYTON, THAT CALCIUM CARBONATE, WHICH IS DEPOSITED IN PERIPHYTON, CAN BE USED FOR PHOSPHORUS STORAGE AND THE REMOVAL, BUT IT WAS JUST A, LIKE, IDEA BASED ON OUR RESEARCH. Q. YOU NEVER HEARD ANYTHING ABOUT ALGAL TURF SCRUBBERS OR ANYTHING LIKE THAT? A. NO. (THEREUPON, THE DOCUMENT REFERRED TO BELOW WAS PREVIOUSLY MARKED AS EXHIBIT NO. 15 - JAN VYMAZAL DR. VYMAZAL PAGE 72 DEPOSITION - FOR IDENTIFICATION.) Q. (BY MS. PONZOLI) I'M GOING TO ASK YOU TO IDENTIFY VYMAZAL NUMBER 15, A COMPOSITE EXHIBIT FROM YOUR LABORATORY NOTES. A. YES. YEAH, NUMBER 15, THEY MOSTLY CONTAIN LABORATORY DATA FROM PERIPHYTON AND HIGHER PLANTS, DIGESTIONS FOR PHOSPHORUS, CALCIUM AND ORGANIC MATTER. (THEREUPON, THE DOCUMENT REFERRED TO BELOW WAS PREVIOUSLY MARKED AS EXHIBIT NO. 16 - JAN VYMAZAL DEPOSITION - FOR IDENTIFICATION.) Q. (BY MS. PONZOLI) VYMAZAL COMPOSITE EXHIBIT NUMBER 16, WHICH ALSO APPEARS IN YOUR LABORATORY NOTES. A. YEAH. THERE ARE MOSTLY LABORATORY PROCEDURES WHICH ARE USED IN OUR LAB FOR ANALYSES OF PHOSPHORUS AND CALCIUM AND FROM NITROGEN AND ORGANIC CARBONS AND THE MINERALIZATION PROCESS. Q. OKAY. ARE THESE PUT OUT BY THE DUKE WETLAND CENTER AS THEIR STANDARD PROCEDURES? A. YES. THEY ARE COMMONLY USED. Q. OKAY. (THEREUPON, THE DOCUMENT REFERRED DR. VYMAZAL PAGE 73 TO BELOW WAS PREVIOUSLY MARKED AS EXHIBIT NO. 17 - JAN VYMAZAL DEPOSITION - FOR IDENTIFICATION.) Q. (BY MS. PONZOLI) VYMAZAL EXHIBIT NUMBER 17--- A. YES. IT'S A--- Q. ---COMPOSITE EXHIBIT. A. YEAH. IT CONTAINS MOSTLY DATA FROM OUR MEASUREMENTS OF A LEAF AREA. AND WE -- WHAT WAS THE REASON WAS WE TRIED TO FIND IF THERE IS SOME RELATIONSHIP BETWEEN THE ABOVEGROUND DRY WEIGHT AND THE -- AND THE AREA OF LEAF IN ORDER TO PREDICT THE ABOVEGROUND BIOMASS WITHOUT HARVESTING. AND WHAT WE NEEDED TO DO IS TO MAKE A SHAPES OF LEAVES. THEN WE NEED TO CUT IT OUT, AND THESE AREAS ARE MEASURED WITH SPECIAL DEVICE OR PLANIMETER. AND THIS PLOT ALSO INCLUDES SOME DATA -- SOME RAW DATA ON THE LENGTH OF THE STEM AND LENGTH OF THE LEAF AND AREA OF LEAF AND SOME WEIGHT -- WIDTH AND LENGTH OF THE LEAVES. Q. JUST -- I THINK I MAY HAVE MISSED SOMETHING THERE. LET ME MAKE SURE. YOU SAID THAT BY TAKING THE DRY WEIGHT AND THE AREA OF THE LEAF, YOU WERE TRYING TO DECIDE IF YOU COULD PREDICT THE BIOMASS? A. YES. DR. VYMAZAL PAGE 74 Q. OKAY. WERE YOU ABLE TO? A. ABOVEGROUND BIOMASS -- IT'S ULTIMATELY -- IT'S JUST ABOVEGROUND. IT DOES NOT INCLUDE THE BELOWGROUND. YES, WE DID SOME GOOD RELATIONSHIPS, ESPECIALLY FOR ELEOCHARIS, SO--- Q. IS THAT ELEOCHARIS? A. YES, ELEOCHARIS. Q. OKAY. I JUST WANT TO MAKE SURE WE'RE ON THE SAME WAVELENGTH. A. AND IT WAS A RELATIONSHIP BETWEEN THE LENGTH OF THE STEM AND THE DRY WEIGHT ABOVEGROUND, AND WE GOT SOME RESULTS ON THE NYMPHAEA. THERE'S A GOOD RELATIONSHIP BETWEEN THE LEAF AREA AND THE ABOVEGROUND BIOMASS. Q. LET ME JUST ASK YOU SOMETHING THAT I'M CURIOUS ABOUT, DR. VYMAZAL. IN CHAPTER 4, THERE IS PERIPHYTON WORK, WHICH, I BELIEVE, YOU WERE RESPONSIBLE FOR--- A. YES. Q. ---IS THAT CORRECT? A. YES. Q. THERE IS ALSO MACROPHYTE WORK. A. YES. Q. DID YOU DO THAT ALSO? DR. VYMAZAL PAGE 75 A. YES. Q. OKAY. DID DR. RICHARDSON DO A LOT OF THAT MACROPHYTE WORK WITH YOU IN CHAPTER 4, OR ARE YOU MOSTLY RESPONSIBLE FOR IT? A. I WAS MOSTLY RESPONSIBLE. I WENT MOSTLY EVERY MONTH TO FLORIDA AND WAS TAKING SAMPLINGS. Q. OKAY. DID YOU HAVE A COEFFICIENT -- A DETERMINATION FOR THE RELATIONSHIP THAT YOU WERE DESCRIBING, I GUESS, BETWEEN THE DRY WEIGHT AND THE AREA OF THE LEAF? A. YES. Q. YOU DID? OKAY. WHAT WAS THAT COEFFICIENT? A. THE COEFFICIENT WAS -- BETWEEN LEAF AREA AND ABOVEGROUND DRY WEIGHT -- WAS 0.98. Q. AND THAT'S FOUND ON WHICH PAGE OF THE ANNUAL REPORT? A. IT'S PAGE 154. Q. PAGE 154. AND YOU WERE POINTING TO THE "b"--- A. YES. THOSE ARE ALL THESE THREE PAGES, -53 AND -52 INCLUDE THESE RELATIONSHIPS. Q. OKAY. -52, -53 AND -54 ALL INCLUDE--- A. -54. Q. ---THIS COEFFICIENT RELATIONSHIP? A. YES, YES. DR. VYMAZAL PAGE 76 Q. ALL RIGHT. THANK YOU. WAS THERE ANOTHER VYMAZAL IN THERE? A. NO, NO. Q. WE HAD FINISHED WITH EVERYTHING? A. YES. Q. ALL RIGHT. I THINK WE ONLY HAVE JUST A COUPLE MORE AND, THEN, I THINK I MIGHT LIKE TO TAKE A BREAK. A. YES, SLIDES. (THEREUPON, THE DOCUMENT REFERRED TO BELOW WAS PREVIOUSLY MARKED AS EXHIBIT NO. 18 - JAN VYMAZAL DEPOSITION - FOR IDENTIFICATION.) Q. (BY MS. PONZOLI) I'M GOING TO HAND YOU VYMAZAL COMPOSITE EXHIBIT 18, DR. VYMAZAL, WHICH APPEARS TO BE PLASTIC FOLDERS FILLED WITH SLIDES. A. YES. THESE ARE SLIDES I HAVE TAKEN SINCE APPROXIMATELY MAY 1991--- Q. RIGHT. A. ---UNTIL TODAY. AND THOSE ARE MOSTLY CONNECTED WITH DOSING STUDY. Q. YES, SIR. A. AND THEY ARE SLIDES OF BUILDING THESE PLATFORMS AND BUILDING THE BATTERY BOXES. AND THERE'S A DR. VYMAZAL PAGE 77 SOIL PANEL. SO IT WAS A CONTINUOUSLY EVIDENCE OF THE PROGRESS OF THE -- OF BUILDING OF DOSING STUDIES. THERE ARE ALSO SOME SLIDES OF PLANTS WE'VE TAKEN AND PERIPHYTON WE'VE TAKEN FROM THESE SITES. AND THERE ARE ALSO SOME SLIDES OF PERIPHYTON SAMPLER. Q. LET ME ASK YOU THIS, ARE THEY DATED AT ALL, DR. VYMAZAL? A. THEY ARE DATED IN THE OPPOSITE SIDE. Q. ON THE OTHER SIDE OF THE SLIDE--- A. YEAH, THE OTHER SIDE, YEAH. Q. ---WE WOULD FIND DATES? A. YES. MS. PONZOLI: OKAY. I'LL NEED TO TELL MY PARALEGAL THAT I WOULD LIKE MY SLIDES TO BE DATED, ALSO. Q. (BY MS. PONZOLI) DO YOU THINK THAT THERE'S ANYTHING OF PARTICULAR SIGNIFICANCE IN ANY OF THESE SLIDES THAT, IN ORDER TO UNDERSTAND THE DOSING STUDY, OR THE BEFORE AND AFTER RESULTS, THAT WE WOULD NEED TO EXAMINE? A. IT'S -- IT GENERALLY SHOWS THE SITUATION SINCE LAST MAY WHERE WE CAME AND START TO BUILD THESE PLATFORMS UNTIL FOURTEEN DAYS AGO, PROBABLY, OR I DR. VYMAZAL PAGE 78 THINK I TOOK LAST SLIDES IN SEPTEMBER OR AUGUST THIS YEAR, SO--- Q. OKAY. THEN, IS IT FAIR TO SAY THAT IT'S MOSTLY A PICTORIAL HISTORY--- A. YES, YES. Q. ---OF THE BUILDING--- A. YES. Q. ---OF THE DOSING STUDY? A. YES. Q. THERE'S NOT ANYTHING IN THERE THAT I WOULD NEED TO REALLY LOOK AT FOR GREAT SCIENTIFIC SIGNIFICANCE? A. NO. THERE ARE INCLUDED A SLIDES FROM MY TALK IN COLUMBUS, OHIO. Q. YES, SIR. A. YEAH. IT'S THOSE. Q. DO WE HAVE TRANSPARENCIES OR ANYTHING, OR THE SLIDES ARE THE ONLY COPIES OF THOSE THAT WE HAVE? ARE THE SLIDES THE ONLY COPIES THAT WE HAVE, DR. VYMAZAL? A. YES. Q. OKAY. ARE THOSE LARGELY REPRODUCTIONS OF YOUR--- A. YES, EXACTLY. Q. ---TABLES AND GRAPHS IN YOUR CHAPTERS? DR. VYMAZAL PAGE 79 A. EXACTLY THE SAME, YES. Q. ALL RIGHT. SO, WHEN WE -- IF WE DISCUSS THOSE, THEN--- A. YES, THOSE ARE THE SAME. Q. ---WE HAVE DISCUSSED THOSE. ALL RIGHT. THE UNITED STATES IS GOING TO ASK TO HAVE COPIES MADE OF THOSE. EXACTLY WHEN ARE YOU LEAVING? A. ON SATURDAY, NOVEMBER 14TH. Q. I ASSUME WE CAN GET THEM DONE AND BACK TO YOU IN TIME. I'LL JUST BE OPTIMISTIC. A. BUT I CAN RETURN IT BACK TO DUKE WETLAND CENTER SO--- Q. AND THEY COULD SHIP IT TO YOU? A. YEAH, SO I COULD LEAVE IT THERE. Q. THAT WOULD BE ACCEPTABLE? A. YES. MS. PONZOLI: DO YOU NEED THIS RUBBER BAND? WITNESS: YEAH. THIS IS THE -- OH, SORRY. Q. (BY MS. PONZOLI) OKAY. DR. VYMAZAL, YOU'VE BEEN VERY ACTIVE, IS THAT CORRECT, IN THE BUILDING AND THE DESIGN OF THE DOSING STUDY? A. YES. DR. VYMAZAL PAGE 80 Q. ALL RIGHT. WERE THERE PARTS OF THE DESIGN OF THE DOSING STUDY THAT YOU SOUGHT TO MAKE STRONGER OR BETTER THAN THE PERIPHYTON WORK THAT WAS DONE IN THE FERTILIZER EXPERIMENT? DO YOU UNDERSTAND THE QUESTION? A. CAN YOU REPEAT THE QUESTION? Q. WELL, YOU PARTICIPATED IN THE FERTILIZER EXPERIMENT--- A. YES. Q. ---IS THAT ACCURATE? A. YES. Q. YES, ALL RIGHT. THAT WAS IN WATER CONSERVATION AREA 2B--- A. YES. Q. ---AT THREE DIFFERENT SITES? A. YES. Q. YOU -- BUT YOU DID NOT SET THAT DESIGN UP? A. NO, I DON'T. Q. NOTHING TO DO WITH IT? A. NO. Q. ALL RIGHT. BUT YOU NOW HAVE HAD SOMETHING TO DO WITH THE DESIGN OF THE DOSING STUDY? A. YES. Q. AND THAT WAS SET UP IN 2A? DR. VYMAZAL PAGE 81 A. YES. Q. IS THAT CORRECT? A. YES. Q. OKAY. MY QUESTION WAS, WERE THERE THINGS THAT HAD BEEN DONE IN THE FERTILIZER STUDY THAT -- FOR PERIPHYTON WORK, IN PARTICULAR -- YOU WANTED TO SEE DONE DIFFERENTLY AT THE DOSING STUDY OR BETTER OR STRONGER, ANY OF THOSE WORDS? A. YES, I THINK SO, BECAUSE IT WAS A DIFFERENT ENVIRONMENT AND PRIMARILY THESE DOSING STUDY WAS AIMED AT PERIPHYTON, SO THERE WERE DIFFERENCES FOR SURE