252 1 UNITED STATES DISTRICT COURT FOR THE 2 SOUTHERN DISTRICT OF FLORIDA 3 **************************** 4 UNITED STATES OF AMERICA, * Plaintiff * 5 * Case Number VS. * 88-1886-CIV 6 * Hoeveler SOUTH FLORIDA WATER * 7 MANAGEMENT DISTRICT, ET AL., * Defendants * 8 ***************************** 9 10 Deposition of WILLIAM W. WALKER, JR., 11 taken on behalf of the defendants South Florida 12 Water Management District and John R. Wodraska 13 pursuant to the applicable rules of the Federal 14 Rules of Civil Procedure, before Linda Marie 15 MacDonald, Registered Professional Reporter and 16 Notary Public within and for the Commonwealth 17 of Massachusetts, at the offices of Skadden, 18 Arps, Slate, Meagher & Flom, One Beacon Street, 19 Boston, Massachusetts, on Thursday, February 7, 20 1991, commencing at 9:32 a.m. 21 22 23 LINDA MARIE MacDONALD, RPR-CM REGISTERED PROFESSIONAL REPORTER 24 60 LAWRENCE ROAD, PLYMOUTH, MA 02360 (508) 747-6615 253 1 A P P E A R A N C E S: 2 UNITED STATES ATTORNEY'S OFFICE By A.U.S.A Richard Harrison 3 155 South Miami Avenue, Suite 600 Miami, FL 33130 4 for the United States of America. 5 U.S. DEPARTMENT OF JUSTICE By Trial Attorney Beverly Sherman Nash 6 601 Pennsylvania Ave., N.W., Room 868 P.O. Box 6633 7 Washington, D.C. 20044 for the United States of America. 8 SKADDEN, ARPS, SLATE, MEAGHER & FLOM 9 By Attorney Laura B. Ahearn 1440 New York Ave., N.W. 10 Washington, D.C. 20005 for South Florida Water Management 11 District and John R. Wodraska. 12 PEEPLES, EARL & BLANK By Attorney Rick J. Burgess 13 One Biscayne Tower, Suite 3636 Miami, FL 33131 14 for the cities of Belle Glade and Clewiston, defendant intervenors. 15 STATE OF FLORIDA OFFICE OF GENERAL COUNSEL 16 By Asst. Gen. Counsel David A. Crowley Department of Environmental Regulation 17 Twin Towers Office Building 2600 Blair Stone Road 18 Tallahassee, FL 332301 for the Florida Department of 19 Environmental Regulation. 20 A L S O P R E S E N T: 21 George Shih, Statistician, SFWMD 22 Douglas Robson, Consultant, SFWMD John Davis, Consultant, Belle Glade and 23 Clewiston Peter Ghavami, Legal Assistant, Skadden 24 Arps DEPOSITION OF WILLIAM W. WALKER, JR. 254 1 I N D E X Witnesses Examination 2 WILLIAM W. WALKER, JR. 3 (By Ms. Ahearn) 255 4 5 6 7 8 9 10 E X H I B I T S 11 Number For ID 12 DX 20 Letter to Smith from Walker 287 dated 12/11/89, with attachments 13 14 15 16 17 18 19 20 21 22 23 24 DEPOSITION OF WILLIAM W. WALKER, JR. 255 1 P R O C E E D I N G S 2 WILLIAM W. WALKER, JR., 3 having been previously duly sworn, was deposed 4 and testified as follows: 5 CONTINUED DIRECT EXAMINATION 6 BY MS. AHEARN: 7 Q. Good morning, Dr. Walker. 8 A. Good morning. 9 Q. I think that we had asked you yesterday to 10 bring a couple of additional items with you 11 this morning. Have you brought any additional 12 materials for your deposition? 13 A. Yes. 14 Q. And what are those? 15 A. I brought copies of my resume and project 16 summaries, and I brought copies of the floppy 17 disks that are essentially -- that contain the 18 same information that was transferred to the 19 District. This is the data that was off my 20 computer. 21 Q. Would this reflect the same number of diskettes 22 as the number you copied and sent to the United 23 States attorneys to be produced? 24 A. Yes. DEPOSITION OF WILLIAM W. WALKER, JR. 256 1 Q. And what was the total number of diskettes? 2 A. Twenty-five. 3 (Off the record) 4 Q. Dr. Walker, yesterday I asked you about more 5 recent entries on your computer that would have 6 been -- files that would have been created 7 after the time you prepared these diskettes, 8 the 25 diskettes, and I believe you told me 9 that you did not have any more recent files 10 that concerned the South Florida litigation. 11 Have you created any new files that 12 concern any project or analysis that relates to 13 the Everglades? 14 A. Not to my recollection, no. 15 Q. Now, you told us that you personally in your 16 mind know the details of your programs and how 17 step by step they operate and function, 18 correct? 19 A. Correct. 20 Q. And there's no other individual who shares that 21 type of detailed understanding of your 22 programs? 23 A. That's correct. 24 Q. Has there been any independent verification of DEPOSITION OF WILLIAM W. WALKER, JR. 257 1 the programs you've written for the South 2 Florida litigation? 3 A. What do you mean by "independent"? 4 Q. Has any other scientist reviewed your programs 5 to see exactly how they're structured, how they 6 run, how they are executed, to ensure that that 7 is all accurate? 8 A. No. 9 Q. Has any other expert taken your program and run 10 it with test data sets? 11 A. No. 12 Q. Has any other scientist reviewed your programs 13 to determine whether it is consistent with 14 generally accepted methods and techniques in 15 the scientific community? 16 A. No other scientists have reviewed the programs 17 that I created. 18 Q. Have your programs been accepted by the 19 scientific community -- I mean the programs you 20 have created for the South Florida litigation? 21 A. No other scientists have reviewed the programs 22 that I wrote. 23 Q. So no other scientist has said, "That's a good 24 program. I would use it. I think it's DEPOSITION OF WILLIAM W. WALKER, JR. 258 1 acceptable, given the standards of the 2 scientific community"? 3 MR. HARRISON: Asked and answered. If 4 they haven't reviewed them -- 5 A. No other scientists have reviewed my programs. 6 Q. So no other scientist would have made such a 7 conclusion, correct? 8 A. No other scientist has reviewed my programs. 9 Q. Are there recognized QA/QC standards for the 10 creation of computer programs? 11 A. There are procedures that one can exercise in 12 the process of creating a program. 13 Q. Where would I find a list or a description of 14 those procedures, recognized QA/QC procedures? 15 A. Oh, there are -- there are textbooks written on 16 that subject. 17 Q. Can you, please, identify those textbooks that 18 you would find authoritative in this regard? 19 A. I can't recall any in particular offhand. 20 Q. Have you relied on any such textbooks in 21 creating the programs you have used in the 22 South Florida litigation? 23 A. Not directly. 24 Q. Have you relied simply on your general DEPOSITION OF WILLIAM W. WALKER, JR. 259 1 background, having a general familiarity with 2 those textbooks? 3 A. I have relied on my general background and my 4 professional experience in creating and testing 5 programs. 6 Q. Have you tested programs created by other 7 scientists? 8 A. Yes. 9 Q. On how many occasions? 10 A. Once that I can recall. 11 Q. Can you tell me about those circumstances? 12 A. That was in conjunction with the work for the 13 Environmental Protection Agency on the stream 14 water quality model QUAL-IIE. 15 Q. And that was the model you told me yesterday 16 that was generated by EPA? 17 A. Yes. 18 Q. In your review of that model, did you find that 19 the model was flawless? 20 A. I made some suggestions regarding the processes 21 that that model was simulating. In other 22 words, I don't recall finding any problems in 23 the computer program per se; more in what the 24 model was attempting to do, the way it was DEPOSITION OF WILLIAM W. WALKER, JR. 260 1 simulating the processes in the stream. 2 Q. So it was more a theoretical point as opposed 3 to the -- 4 A. Correct. 5 Q. -- technical application through a computer 6 model? 7 A. Correct. 8 Q. How long did it take to develop the QUAL-IIE 9 model? 10 A. The QUAL-IIE model was developed from an 11 earlier version which was called QUAL-II, and I 12 believe the first version of that came out in 13 the mid 1970s. 14 Q. And QUAL-II was also created by EPA or under a 15 contract? 16 A. It was under -- I believe by the EPA. 17 Q. And what was the time period that it took to 18 develop the QUAL-II model from initiation of 19 the project to production of the final model? 20 A. I don't know exactly. 21 Q. Do you know if it was over a period of two 22 years? 23 A. I don't know how long it took. 24 Q. Are you familiar with a program known as WASP? DEPOSITION OF WILLIAM W. WALKER, JR. 261 1 A. I'm generally familiar with it. 2 Q. Could you, please, explain your general 3 familiarity? 4 A. WASP is short for water analysis simulation 5 program. That is another program that was 6 developed for or by the EPA, and it is for use 7 in predicting, simulating water quality in a 8 wide variety of surface water systems. 9 Q. Could it be applied appropriately to inflow 10 structures to Everglades National Park? 11 A. I have never used the model myself, and I'm not 12 familiar enough with it to be able to state 13 whether or not it could be adapted for use to 14 the inflow structures. 15 Q. Would that also be true, then, to inflow 16 structures to the Water Conservation Areas, 17 marsh stations and EAA canals? Can you tell me 18 if the WASP model would be appropriate to apply 19 to any of those other locations in South 20 Florida? 21 A. I can't say. 22 Q. You can't say whether or not you would be able 23 to tell me the model is appropriate? 24 A. I just stated I'm not familiar enough with the DEPOSITION OF WILLIAM W. WALKER, JR. 262 1 details of the model to be able to state 2 whether or not it could be applied to 3 particular structures. 4 Q. Do you anticipate writing an operations manual 5 or operating instructions for the programs you 6 have created for the South Florida litigation? 7 A. Which programs are you referring to? 8 Q. Well, yesterday we talked about a number of 9 them. How about the TREN programs which I 10 believe we identified? I believe we called 11 them the KTEST, the RMED, those TREN programs? 12 A. No, I do not anticipate writing an operations 13 manual for those programs. 14 Q. Do you anticipate writing operation manuals for 15 any of the programs that are among the computer 16 diskettes that you have supplied for this 17 deposition? 18 A. No. 19 Q. And currently do written operating instructions 20 exist for any of those programs? 21 A. No. 22 Q. Could I, please, have you turn to Exhibit 18. 23 Dr. Walker, do the diskettes that you 24 have provided, the 25 diskettes, contain all of DEPOSITION OF WILLIAM W. WALKER, JR. 263 1 the files needed to run all of the programs 2 which you have offered or prepared for the 3 South Florida matter? 4 A. Yes. 5 Q. And am I correct, these programs are designed 6 and the databases that go with them are 7 designed all to be run on one computer 8 independently? 9 A. Yes. 10 Q. So you don't need to interface or access some 11 other computer or distant database in order to 12 have everything you need to run the program? 13 A. That's correct. 14 Q. Could you, please, identify in Exhibit 18 each 15 directory entry that reflects surface water 16 quality data? 17 A. Would you like that identification on a 18 page-by-page basis, or do you just want the 19 directories? 20 Q. Why don't you go through and, when you find a 21 page that has such an entry, tell us the page 22 number and the directory name. For example, on 23 page 2 is there a directory named "BLANK" that 24 contains -- DEPOSITION OF WILLIAM W. WALKER, JR. 264 1 A. Surface water quality data? 2 Q. Yes. 3 A. On page 3 in the directory entitled 4 G:\FLOPPIES\DISK2. 5 Q. I think it might help us expedite it if each 6 time you identify that surface water data, 7 could you tell us what the source of the data 8 is in terms of agency or generator of the data? 9 Then we won't have to go back through this 10 again. 11 A. Okay. Going back to page 3 in the directory 12 G:\FLOPPIES\DISK2, the file -- the directory 13 contains data supplied by the District. On 14 page 4 the directory G:\FLOPPIES\DISK4\STDS 15 contains data supplied by the District as well 16 as some data files created by myself. On page 17 7 in the directory G:\FLOPPIES\DISK9, that 18 directory contains water quality data supplied 19 by the US Geological Survey. On page 7 the 20 directory G:\FLOPPIES\DISK10 also contains 21 files of surface water quality data supplied by 22 the US Geological Survey. 23 On page 8 the directory 24 G:\FLOPPIES\DISK11 contains water quality data DEPOSITION OF WILLIAM W. WALKER, JR. 265 1 supplied by the District. On page 8 the 2 directory G:\FLOPPIES\DISK11 also contains 3 water quality data supplied by the District. 4 Q. Excuse me. Was that last reference to DISK12? 5 A. DISK12. On page 8 the directory 6 G:\FLOPPIES\DISK13 also contains surface water 7 quality data supplied by the District. On 8 page 9 the directory G:\FLOPPIES\DISK14 9 contains water quality files that were supplied 10 by Everglades National Park, but I believe they 11 reflect data collected by the District. 12 On page 11 the directory 13 G:\FLOPPIES\DISK22 contains surface water 14 quality data supplied by the District. On 15 page 11 the directory G:\FLOPPIES\DISK23 16 contains surface water quality data supplied by 17 the District. On page 12 the directory 18 G:\FLOPPIES\DISK24 contains surface water 19 quality data supplied by the District. On 20 page 24 the directory G:\DBASE contains water 21 quality files that were derived from surface 22 water quality data supplied by the District. 23 Q. Is there a particular extension on the file 24 names here that would allow us to identify DEPOSITION OF WILLIAM W. WALKER, JR. 266 1 those data files? 2 A. Some of the water quality data would have the 3 extension WK1. Some of the water quality data 4 would have the extension DAT. On page 27 the 5 directory G:\COE contains water quality data 6 supplied by the Corps of Engineers as well as 7 water quality data supplied by the District. 8 Q. Can you tell us which files represent which 9 source? 10 A. No. I cannot recall. On page 28 the directory 11 G:\ANAL contains surface water quality data 12 files that were derived from data files 13 supplied by the District. On page 30 the 14 directory G:\SLACK contains surface water 15 quality data files that were derived from files 16 supplied by the District. 17 Q. Is there a particular extension here that will 18 identify those data files? 19 A. The extension -- certain of the files with the 20 extension DAT would be the water quality files. 21 Q. Who performed that derivation? 22 A. Would you be more specific? 23 Q. Who did the work that created these files that 24 are derived from the District data? DEPOSITION OF WILLIAM W. WALKER, JR. 267 1 A. I did. I believe that's the extent of the 2 directories containing surface water quality 3 data. 4 Q. Can you, please, identify the surface water 5 quality data set or sets that you rely upon in 6 Exhibit 17, your water quality trends report of 7 September 1990? 8 MR. HARRISON: Was your question 9 directed toward the final report, the September 10 1990 -- 11 MS. AHEARN: That is the final report. 12 Yes. 13 MR. HARRISON: Okay. 14 A. Those files would be contained in a directory 15 G:\DBASE on pages 24 through 26. 16 Q. When you told us that those surface water 17 quality data files were derived from District 18 data, what do you mean by "derived"? 19 A. The District supplied the data in the form of 20 an ASCII printout similar to a word processing 21 file. The process of derivation involves 22 converting that word processing file into a 23 data structure format that can be accessed by 24 the software that does the trend analysis. DEPOSITION OF WILLIAM W. WALKER, JR. 268 1 Q. Do any of the data values change through this 2 derivation process? 3 A. The only values that were changed as a result 4 of setting up these data files is -- has to do 5 with the assignment of small positive values 6 for the measurements that were reported below 7 detection limits, and that process is described 8 in Exhibit 17. 9 Q. Other than that, we didn't change any of the 10 numbers in deriving the G:\DBASE directory from 11 the District ASCII printouts? 12 A. That's correct. 13 Q. Dr. Walker, have you performed trend analyses 14 on the other water quality data sets that you 15 have now identified in Exhibit 18? 16 MR. HARRISON: Asked and answered. I 17 think we went through that yesterday, which 18 trend analyses he had and had not performed. 19 MS. AHEARN: I don't think I could have 20 asked this question because we hadn't 21 identified data sets. 22 MR. HARRISON: We didn't apply it to 23 these. 24 A. Certain of the other water quality data sets DEPOSITION OF WILLIAM W. WALKER, JR. 269 1 have been used in trend analysis, yes. 2 Q. Would it be easier for you to tell me what you 3 did do trend analyses on or which of them you 4 didn't do trend analyses on? I'd like to go 5 through and have you make that distinction, and 6 if you can tell me which you think would be 7 more expeditious. 8 MR. HARRISON: Counsel, I think your 9 question needs to be clarified as to whether he 10 has begun, whether he has completed trend 11 analysis. I mean, "doing trend analyses" is a 12 little general at this point. 13 MS. AHEARN: Thank you for the point of 14 clarification. 15 Q. If you can, please, identify for me all 16 additional databases -- surface water quality 17 sets which you have employed in trend analyses 18 to date. 19 A. Exclusive of the ones contained in the 20 directory G:\DBASE? 21 Q. You've obviously performed a trend analysis of 22 that. 23 A. Trend analyses were also conducted using 24 information contained in the directory G:\ANAL DEPOSITION OF WILLIAM W. WALKER, JR. 270 1 on page 16 -- 28. Page 28. Excuse me. 2 MR. BURGESS: I'm sorry. Page 28, what 3 was the file name? 4 THE WITNESS: The directory is G:\ANAL. 5 MR. BURGESS: Thank you. 6 Q. Is this surface water quality data set 7 different from the surface water quality data 8 set you used for Exhibit 17? 9 A. Yes. 10 Q. When did you perform the trend analysis on the 11 water quality data set that's in G:\ANAL? 12 A. That is an ongoing process. The initial work 13 was begun in December of 1990. 14 Q. Does Exhibit 18 reflect output files for that 15 ongoing work? 16 A. Yes. 17 Q. And where will we find those? 18 A. Those would be found on page 21 in the 19 directory G:\TOOLS\MULTI. 20 Q. Any particular extension that denotes these 21 output files? 22 A. .PRN, .LST, .RXD. 23 Q. How does the period of record for the data set 24 in G:\ANAL compare to the period of record DEPOSITION OF WILLIAM W. WALKER, JR. 271 1 employed for Exhibit 17? 2 (Pause) 3 MR. BURGESS: Madam Court Reporter, 4 could you read back the pending question? 5 (The record was read as requested.) 6 MR. BURGESS: Thank you. 7 A. You would have to be more specific about which 8 particular file you're referring to in order 9 for me to answer that question. 10 Q. Do the files within G:\ANAL differ from one 11 file to the other? 12 A. Yes. 13 Q. Would you be able to tell us the period of 14 record reflected in each file entry in G:\ANAL? 15 A. Approximately, yes. 16 Q. Okay. If you could give us those approximate 17 periods of record, please. 18 A. For each file? 19 Q. Please. 20 A. The total period of record reflected in the 21 file BOTH.RXD would be December of 1977 through 22 September of 1989. The total period of record 23 reflected in the file MARSH.WK1 would be 24 approximately 1985 through 1989. DEPOSITION OF WILLIAM W. WALKER, JR. 272 1 The total period of record reflected in 2 the file INFLOWS.WK1 would be December 1977 3 through September 1989. The same period of 4 record would be appropriate for the file 5 BOTH.WK1, and the file MARSH_D.WK1 would 6 reflect the period of record 1985 through 1989, 7 approximately. The remaining file in that 8 directory is not a data file. 9 Q. Do any of the surface water quality data sets 10 you have identified in Exhibit 18 include data 11 that is more recent than 1989? 12 A. No. 13 Q. Do you have in your possession surface water 14 quality data from Southern Florida that is more 15 recent than 1989? 16 A. Yes. 17 Q. In what form is that data at the present time? 18 A. It's not in raw form. 19 Q. In what form is it? 20 A. It's in the form of a flow-weighted mean 21 concentration calculated by the South Florida 22 Water Management District for the S12 structure 23 and for the S333 structure for 1990. 24 Q. And how did you acquire this more recent data? DEPOSITION OF WILLIAM W. WALKER, JR. 273 1 A. That was faxed to me a week or two ago. 2 Q. Faxed by whom? 3 A. I believe it was the Justice Department. 4 Q. Is this among the documentation you provided 5 for your counsel to be produced in conjunction 6 with your deposition? 7 A. No. It's not part of the data that I have 8 analyzed or used in formulating my opinions. 9 Q. Have you reviewed that data yet? 10 A. I have not analyzed it. 11 Q. Have you looked it over? 12 A. I have -- I have looked at the page, but I have 13 not analyzed or interpreted it or used it to 14 formulate any opinions. 15 Q. Will you be looking at this data? 16 A. I expect to, yes. 17 MS. AHEARN: Counsel, could I ask that a 18 copy of that be produced? 19 MR. HARRISON: Yes, you can. I think 20 that he just -- and I have no problem producing 21 it. He said he just got it two weeks ago from 22 the Water Management District. Do we know any 23 more about the source of this? Do you have it 24 in your possession at your house? DEPOSITION OF WILLIAM W. WALKER, JR. 274 1 THE WITNESS: Excuse me. It was faxed 2 to me by the Justice Department. It was 3 supplied originally -- it was generated by the 4 Water Management District and it was part -- 5 essentially, it was overheads presented -- 6 given in a presentation to the South Florida 7 Water Management board a number of weeks ago. 8 MS. AHEARN: If you could bring a copy. 9 MR. HARRISON: I have no problem. 10 MS. AHEARN: Thank you. 11 Q. Any other data in your possession on South 12 Florida water quality that is more recent than 13 1989? 14 A. No. 15 Q. Could you turn to page 4 in Exhibit 18? I 16 believe you told us that entries for 17 G:\FLOPPIES\DISK4 contained data files both 18 from the District and data files created by 19 you. 20 What is the source of the data from 21 which you created data files contained in this 22 directory? 23 MR. HARRISON: Counsel, I believe that 24 the witness said it was the DISK -- and I may DEPOSITION OF WILLIAM W. WALKER, JR. 275 1 be mistaken, but it was the DISK4\STDS that he 2 just testified to. 3 MS. AHEARN: Thank you. 4 MR. HARRISON: I don't know if there's a 5 difference or not. 6 Q. I guess I should phrase my question in terms of 7 the subdirectory just identified by 8 Mr. Harrison. 9 A. The source of the data in this directory is 10 ultimately South Florida Water Management 11 District. 12 Q. The derivation process for the files that you 13 created here in this subdirectory, is that 14 different from the derivation process you 15 explained in connection with the prior set of 16 files which you identified as having been 17 derived by you from ASCII disks or ASCII- 18 formatted data from the District? 19 A. No. 20 Q. So it's the same process reflected here? 21 A. Yes. 22 Q. On -- excuse me. Were about to say something? 23 A. Nothing. 24 Q. On page 9 under directory FLOPPIES\DISK15, are DEPOSITION OF WILLIAM W. WALKER, JR. 276 1 those data files? 2 A. I am not certain what's in those data files. 3 They could be water quality files. They could 4 be hydrology files. 5 Q. But you believe that they are data files? 6 A. I believe they are data files. 7 Q. What is the source of this data? 8 A. I don't recall for certain. 9 Q. Have you performed any type of analysis of the 10 data on DISK15? 11 A. I may have. 12 Q. If you had, would that be reflected in output 13 files among your computer entries? 14 A. I can't say for certain. 15 Q. If you had generated output files, can you tell 16 us how you would have named them such that we 17 can identify them? 18 A. Well, I'm not sure what's in those data files, 19 so I can't tell you what I would have done with 20 any output from any processing of those files. 21 Q. Under the directory entry FLOPPIES\DISK16, is 22 that data? 23 A. What type of data? 24 Q. Could you tell me what kind of data is DEPOSITION OF WILLIAM W. WALKER, JR. 277 1 contained on FLOPPIES\DISK16? 2 A. I don't recall exactly what's in that file. 3 Q. So would you recall its source? 4 A. No. 5 Q. And do you recall if you have analyzed this 6 data? 7 A. I can't -- I can't recognize the file name, so 8 I can't tell you whether I've analyzed it or 9 not. 10 Q. On DISK17 does that contain data? 11 A. That contains data, yes. 12 Q. And do you remember the type of data here? 13 A. I believe that would contain rainfall quality 14 data supplied by the District. 15 Q. Have you analyzed this data? 16 A. A portion of it. 17 Q. When did you do those analyses? 18 A. In the summer of 1989. 19 Q. Did you rely on this data in any memoranda you 20 have prepared in conjunction with the South 21 Florida case? 22 A. I prepared a preliminary report on rainfall 23 phosphorus concentrations at the Everglades 24 Research Center. DEPOSITION OF WILLIAM W. WALKER, JR. 278 1 Q. Have you used this data in any analyses 2 conducted more recently than summer of 1989? 3 A. Not to my recollection. 4 Q. You've identified two surface water quality 5 data sets which you have employed in trend 6 analyses. 7 Are there any additional surface water 8 quality data sets reflected in Exhibit 18 on 9 which you have performed trend analyses? 10 A. If you could be specific about which two 11 surface water data sets you think I've 12 identified, I'll answer your question. 13 Q. I believe you identified the data set which you 14 employed and rely upon in Exhibit 18, and you 15 also identified the data set that is on 16 directory G:\ANAL. 17 A. That's one. 18 Q. That is one -- you treat that as one data set? 19 A. That's one directory that contains a data set 20 used in trend analysis. 21 Q. Dr. Walker, let me make sure I'm straight. My 22 understanding is that you've identified two 23 directories that contain surface water quality 24 data that you have used in trend analyses. DEPOSITION OF WILLIAM W. WALKER, JR. 279 1 Those directories are G:\DBASE and G:\ANAL. 2 Are there any other directories that 3 contain surface water quality data on which you 4 have conducted trend analyses? 5 A. No. 6 Q. Do the surface water quality data entries which 7 you have identified in Exhibit 18 reflect all 8 of the surface water quality data for South 9 Florida which you have reviewed or utilized in 10 your work on South Florida? 11 A. Yes. 12 Q. Dr. Walker, could you, please, give me 13 sequentially the instructions on how to execute 14 your RMED program? 15 Dr. Walker, I recognize this is maybe a 16 tedious task for you but, you know, we've 17 established that this information exists in 18 your head and nowhere else. It seems to me 19 that the RMED program is maybe smaller than 20 your other two, and that's why I've selected 21 that. 22 If you believe that you could go through 23 this process with one of your other programs 24 more expeditiously, I'd ask that you let me DEPOSITION OF WILLIAM W. WALKER, JR. 280 1 know that. But the RMED program has been 2 selected by me because I would anticipate you 3 can do that most easily. 4 A. I can tell you in general terms the steps 5 involved in executing the RMED program. 6 Q. Thank you. 7 MR. HARRISON: Just for the record, 8 Counsel, in response to your statement, 9 Dr. Walker has also testified that from 10 Exhibit 18 itself, without additional 11 instructions, that a computer-literate person 12 should be able to put these files up on the 13 screen and figure out how to use them. That's 14 my recollection. 15 MR. BURGESS: Do you want to define 16 "computer-literate"? 17 MR. HARRISON: Somewhere beyond me, I'll 18 tell you that much. 19 (Laughter) 20 A. Assuming that one has the data files prepared 21 in the format that I have prepared them and as 22 are contained on the disks in the directories 23 that are identified, in order to run the RMED 24 program, one would have to use a word processor DEPOSITION OF WILLIAM W. WALKER, JR. 281 1 or other editor to edit the file RMED.DAT. 2 In that file, RMED.DAT, are the 3 instructions that essentially define which data 4 files are accessed, which stations are 5 analyzed, which water quality variables are to 6 be analyzed, and possibly some other 7 directions, possibly period of record or date 8 range. I don't recall exactly. And once one 9 is through editing that file RMED.DAT, then one 10 executes the program from the DOS prompt by 11 typing "R-M-E-D." 12 Q. Then the computer runs the program? 13 A. Correct. 14 Q. And generates an output file at that point? 15 A. Yes. 16 Q. Are all of the files which need to be accessed 17 or called up in the course of executing the 18 RMED program found within the same directory? 19 A. No. 20 Q. How many directories must be accessed to run 21 the RMED program? 22 A. There would be one directory other than the 23 RMED directory. 24 Q. And that directory is? DEPOSITION OF WILLIAM W. WALKER, JR. 282 1 A. That directory would depend upon -- would be 2 specified in the file RMED.DAT. 3 Q. And that is identifying a separate directory 4 that includes the data files to be accessed? 5 A. That's correct. 6 Q. Do your other trend analyses programs run on 7 basically the same principles? 8 A. The same general concept. The level of 9 complexity may vary from one program to 10 another, but the same general approach is used. 11 Q. Which is the most complex program? 12 A. The KTEST program. 13 Q. And how is it more complex than the others? 14 A. From the point of view of operating or running 15 the program, the procedure is exactly the same. 16 It's just that the amount of information that 17 you have to provide in the input data file is 18 more extensive. 19 Q. Do you need to access more than the KTEST 20 directory to run the KTEST analysis? 21 A. Yes. 22 Q. How many additional directories? 23 A. One. 24 Q. And is that to specify within the program as DEPOSITION OF WILLIAM W. WALKER, JR. 283 1 being a data retrieval command? 2 A. It's specified in the input data file to the 3 program. 4 Q. And what is the code you type to execute the 5 program? 6 A. "K-T-E-S-T." 7 Q. Are there any of your programs here where you 8 type something other than the name of the 9 directory containing the program in order to 10 execute that program? 11 A. Some of the programs may contain what are 12 called batch files that provide different ways 13 of executing -- executing the specific program 14 by accessing different data -- input data 15 files, but essentially the procedure is the 16 same as I have described. 17 (Off the record) 18 Q. Dr. Walker, does Exhibit 18 reflect any 19 directories or files containing inflow water 20 quality data from the Corps of Army Engineers? 21 A. Inflow to what? 22 Q. Let me just say inflow as opposed to marsh 23 water quality data. 24 A. Again, inflow -- inflow to what? DEPOSITION OF WILLIAM W. WALKER, JR. 284 1 Q. Does Exhibit 18 contain water quality data 2 collected by the Corps of Army Engineers at any 3 structure within the Central and South Florida 4 Flood Control Project? 5 A. Yes. 6 Q. And could you, please, identify those entries 7 in Exhibit 18 for us? 8 A. The only one that I recognize with certainty is 9 the directory G:\COE on page 27. 10 Q. There may be other Corps data entries here? 11 A. Possibly. 12 Q. Does this directory G:\COE contain water 13 quality data collected from within canals? 14 A. Yes. I believe there would have been some 15 canal stations included. 16 Q. Does it also contain water quality samples 17 collected from marshes? 18 A. To my recollection, no. 19 Q. Have you reviewed any marsh water quality data 20 from the Corps of Army Engineers? 21 A. No, not to my recollection. 22 Q. Have you done any type of analysis on the data 23 which is in directory G:\COE? 24 A. Yes. DEPOSITION OF WILLIAM W. WALKER, JR. 285 1 Q. And what was that type of analysis? 2 A. Essentially, a statistical summary of the data 3 collected by the Corps at various stations 4 represented in those files. 5 Q. Did you use one of your programs to do this 6 analysis? 7 A. Which program are you referring to? 8 Q. I guess that's my question. You know, you have 9 identified programs here that you authored that 10 do various things with data sets. 11 Have you used any of those computer 12 programs in performing this analysis of the 13 Corps data? 14 A. Yes. I would have used some of them. 15 Q. Can you identify those? 16 A. Well, I would have used Lotus 1-2-3, and I 17 would have used the FLUX program, F-L-U-X. And 18 that's all I recall. 19 Q. When did you perform this analysis? 20 A. In the fall of 1989. 21 Q. Did you create output files as a result of this 22 analysis? 23 A. I believe I created a listing of the data with 24 a statistical summary. DEPOSITION OF WILLIAM W. WALKER, JR. 286 1 Q. Is that an entry that we can find in 2 Exhibit 18? 3 A. I'm not certain. 4 Q. Did you create this summary in a hard copy 5 form? 6 A. Yes. 7 Q. Is that among the materials you provided for 8 this deposition? 9 A. It's among the materials I provided to the 10 Justice Department. 11 Q. Have you previously provided that summary to 12 any other entity or individual prior to passing 13 a copy on to the Justice Department for your 14 deposition? 15 A. I provided a copy of it to Dr. Bo Smith of the 16 Army Corps of Engineers in Jacksonville. 17 Q. And when was that? 18 A. In the fall of 1989. 19 Q. Can you tell me if this summary is entitled or 20 labeled in such a way that I can sort through 21 documents and see if I can identify it? 22 A. It would be attached to a letter to Dr. Smith 23 with my letterhead on it. 24 Q. Did you give that letter to the Department of DEPOSITION OF WILLIAM W. WALKER, JR. 287 1 Justice? 2 A. Yes. 3 Q. Do you know if the Department of Justice has 4 passed that on to the other parties? 5 A. I do not know. 6 Q. Other than by reference to that letter, can you 7 tell me what this summary would look like so 8 that I can try and identify it? 9 A. There would be a letter containing three or 10 four pages of text and three or four pages of 11 listing of data. There may be a graph, and 12 some references. 13 (Exhibit No. 20 marked for 14 identification) 15 Q. Dr. Walker, we have just had the court reporter 16 mark a document which Mr. Harrison has 17 characterized as work product. I recognize you 18 just described your letter to Dr. Smith as 19 being on your letterhead. 20 Apart from that difference, can you 21 identify what's been marked as Exhibit 20 as 22 the letter and attachment concerning your 23 analysis of Corps data? 24 A. It appears that the text of the letter is DEPOSITION OF WILLIAM W. WALKER, JR. 288 1 complete, but the exhibit does not contain all 2 of the attachments that were included in that 3 original -- that were included with that 4 original letter to Dr. Smith. 5 Q. And is that because the last page should 6 contain graphs which are not printed, they do 7 not appear on the last page here of Exhibit 20? 8 A. That is one of the items missing, to my 9 recollection. 10 Q. What are the other omissions that you recall 11 here? 12 A. I believe there were excerpts from a manual 13 prepared by the North American Lake Management 14 Society describing recommendations for 15 phosphorus analyses conducted under the clean 16 lakes monitoring program. 17 Q. That would have been attached to the hard copy 18 version printed on your letterhead? 19 A. Well, I wouldn't have printed the manual on my 20 letterhead, but that would have been attached 21 to the original -- my original correspondence 22 with Dr. Smith. 23 Q. And that correspondence you would have printed 24 out on your personal letterhead or your DEPOSITION OF WILLIAM W. WALKER, JR. 289 1 business letterhead? 2 A. I believe so. The first page of this 3 attachment would have been on my letterhead. 4 Q. Does Exhibit 20 appear to you to lack any text 5 or attachments which you would have created on 6 your own computer? 7 A. Well, I don't recall exactly what -- all the 8 details of the attachments and the tables that 9 were included in the original transmission. I 10 know that this particular item I'm looking at, 11 Exhibit 20, is missing the figure on the last 12 page. The figures that are -- and those 13 figures would have been created on my own 14 computer. 15 Q. Can I turn your attention to page 28 of 16 Exhibit 18. Can you tell me if Exhibit 20 17 represents a printout of the file called 18 COE.TXT? 19 A. I can't say with certainty, but it could very 20 well contain that. 21 Q. Have you a belief whether Exhibit 20 represents 22 a printout -- 23 A. I believe that's a reasonable assumption. 24 Q. Who asked you to prepare this analysis for DEPOSITION OF WILLIAM W. WALKER, JR. 290 1 Dr. Smith? 2 A. The Justice Department. 3 Q. In your letter you say it was "at the request 4 of the National Park Service and your office," 5 meaning Dr. Smith's office, correct? 6 A. But I was working all the time for the Justice 7 Department. The National Park Service and the 8 Corps of Engineers had had some discussions 9 regarding the issues described in this letter, 10 and I was requested by the Justice Department 11 and by the National Park Service to prepare 12 this analysis. 13 Q. Who originated the request for the analysis? 14 A. That was in a meeting that -- the meeting that 15 was held at the Everglades Research Center with 16 the Justice Department attorneys and Everglades 17 National Park staff in December of 1989. 18 Q. This is the meeting at which you outlined the 19 research projects? 20 A. That's correct. 21 Q. Who at the National Park Service requested this 22 analysis? 23 A. I believe it was Dr. Soukup. 24 Q. Who at Dr. Smith's office requested the DEPOSITION OF WILLIAM W. WALKER, JR. 291 1 analysis? 2 MR. HARRISON: I would caution the 3 witness to not speculate. If you know, 4 certainly give her the answer. 5 A. I do not know who at the -- at Dr. Smith's 6 office specifically requested the analysis. 7 Q. Did you discuss that with Dr. Smith? 8 A. No. 9 Q. Did you discuss with Dr. Smith why the analysis 10 was requested? 11 MR. HARRISON: Asked and answered. 12 A. No. 13 Q. Did you discuss with Dr. Soukup why the Park 14 Service was requesting the analysis? 15 A. Yes. 16 Q. And what did Dr. Soukup tell you? 17 MR. HARRISON: If -- I want to interpose 18 an objection. If the witness can answer with 19 respect to any scientific reason that 20 Dr. Soukup may have requested this data, I have 21 no problem with that answer. If the reason, 22 however, does get into litigative strategy as 23 to the use to be made by the United States, I 24 would ask the witness not to answer that DEPOSITION OF WILLIAM W. WALKER, JR. 292 1 question. 2 MS. AHEARN: I think there's been a 3 clear waiver if in fact this is all litigation 4 strategy. 5 Q. Dr. Walker, could you, please, answer my 6 question? 7 MR. HARRISON: I certainly disagree with 8 that, Counsel. There's certainly been no 9 waiver. I'm giving the witness very broad 10 latitude to give you the science, even the 11 science that has come out of these various 12 meetings which are privileged. But I will not 13 let him go into the use to be made of that 14 science. If the reasoning has to do with uses 15 to be made by United States attorneys in this 16 case, I'm not going to let him answer that. 17 A. I'd like to confer with counsel before I can 18 answer this question. 19 Q. Because you don't know if Dr. Soukup was 20 telling you -- you've told me he did explain to 21 you why the analysis was requested, correct? 22 A. In general terms, yes. 23 Q. Okay. And you don't know if those reasons are 24 counsel's litigation strategy or scientific DEPOSITION OF WILLIAM W. WALKER, JR. 293 1 reasons? 2 A. I don't know what counsel construes as 3 litigation strategies. 4 Q. That's right. Neither do I. And that's why 5 this is so very difficult, because we have 6 attorneys deciding ad hoc what they think is 7 science or litigation strategy. 8 MR. HARRISON: I resent that statement. 9 It is not ad hoc. We have let you go into the 10 science that was generated at many of these 11 meetings regardless of whether the meetings 12 were privileged. And I'm just going to give 13 you an example, and I don't know the answer, 14 either. 15 MS. AHEARN: I -- 16 MR. HARRISON: But if Dr. Soukup 17 requested this because of a request that came 18 from Steve Herman to analyze Corps data for 19 some reason or another in use in this 20 litigation, I can understand Dr. Walker's 21 reluctance to blurt that out without consulting 22 with counsel. 23 MS. AHEARN: I think if the Department 24 of Justice is asking scientists to do DEPOSITION OF WILLIAM W. WALKER, JR. 294 1 scientific inquiries and not informing them 2 that this is for litigation, the litigation 3 only, and is privileged work product and should 4 remain confidential, you have not preserved any 5 privilege in the first instance. 6 Since this witness doesn't know that 7 this was work for the Department of Justice, it 8 should be maintained confidential, I think by 9 definition no privilege applies. 10 MR. HARRISON: That's very interesting 11 considering last week Larry Grosser was shut 12 down on a question when Dr. Shih brought two 13 gentlemen into his office and he had no idea 14 there was any confidentiality with the remarks. 15 Counsel, you have taken identical 16 positions; and until the witness is comfortable 17 that this is not litigation strategy that 18 you're asking him to reveal, I'm going to have 19 him not answer the question. Let's move on. 20 Q. Dr. Walker, Dr. Soukup did give you reasons for 21 conducting the analysis; that's correct? 22 MR. HARRISON: Counsel, I'm not going to 23 let him go into this any further until he has a 24 chance to consult. It is now eleven o'clock. DEPOSITION OF WILLIAM W. WALKER, JR. 295 1 We have been going at least an hour and a half. 2 I think it's time for about a five-minute 3 break. 4 MS. AHEARN: I will be ready to stop in 5 just one moment, please. I think that that is 6 not an objectionable question. 7 Q. Would you, please, answer it? 8 MR. HARRISON: He's already answered 9 that, yes, there were reasons given. The 10 answer is on the record, Counsel. 11 A. At the meeting that was held in December of 12 1989 Dr. Soukup and the attorneys from the 13 Justice Department described reasons for why 14 they wanted me to perform this analysis. 15 Q. And you can't tell if Dr. Soukup's reasons were 16 scientific reasons or litigation strategy 17 reasons unless you go confer with your counsel 18 first, correct? 19 MR. HARRISON: Objection. It is not up 20 to Dr. Walker, who is a scientist, to determine 21 what is and is not privileged, Counsel. It's 22 up to me and the court ultimately. And if he 23 feels that he is stepping over this line, he 24 has a right to confer. I will make the DEPOSITION OF WILLIAM W. WALKER, JR. 296 1 decision as to whether we're claiming 2 privilege. Dr. Walker has no business making 3 these decisions. 4 MS. AHEARN: I'm only asking Dr. Walker 5 what he knows. 6 MR. HARRISON: No, you're not. You're 7 asking his opinion as to whether it's strategy 8 or science, Counsel, and I completely object to 9 that line of questioning. It calls for a legal 10 conclusion. 11 MS. AHEARN: Could you, please, reread 12 my question? 13 (The record was read as requested.) 14 MR. HARRISON: I direct you not to 15 answer. 16 MS. AHEARN: Let me rephrase my 17 question. 18 Q. Do you know, Dr. Walker, sitting here whether 19 the reasons Dr. Soukup gave you for this 20 analysis were scientific reasons or litigation 21 strategy reasons? 22 MR. HARRISON: Objection. Calls for 23 legal conclusion. And there's also no basis to 24 know whether or not he participated in those -- DEPOSITION OF WILLIAM W. WALKER, JR. 297 1 in the reasons if they were litigation 2 strategy. There's no foundation and it calls 3 for a legal conclusion, and it also may get 4 into attorney/client privilege. I direct the 5 witness not to answer the question. 6 Q. I'm only asking you what you know, Dr. Walker. 7 MR. HARRISON: I direct the witness not 8 to answer the question. Ms. Ahearn, we can sit 9 here all day and do this if you want. He is 10 not going to answer the question. 11 MS. AHEARN: Let's take a break. 12 MR. HARRISON: Thanks. 13 (Short recess) 14 15 MR. HARRISON: Before the break there 16 was a discussion -- there was a question 17 regarding, as I recall, correct me if I'm 18 wrong, Counsel, you had asked Dr. Walker 19 whether Dr. Soukup had given him any reasons 20 for why the Park Service want the Corps' 21 statistical water quality data analyzed, and he 22 was uncomfortable because it was certainly in 23 the presence of attorneys. 24 After consultation with him, the reason DEPOSITION OF WILLIAM W. WALKER, JR. 298 1 that was given to him by Dr. Walker I believe 2 although certainly could be considered work 3 product and attorney/client but prior -- after 4 the court's order, since it is of a scientific 5 nature and it does not deal specifically with 6 litigation strategy, I'm going to let 7 Dr. Walker answer the question. 8 MS. AHEARN: Dr. Harrison -- excuse me. 9 Mr. Harrison -- 10 MR. HARRISON: Yes. 11 MS. AHEARN: -- do we have a pretty 12 clear formula now of when Dr. Walker can tell 13 me what scientists have told him if it is of a 14 scientific nature and does not absolutely 15 necessarily relate to the lawsuit? 16 MR. HARRISON: Counsel, the formula 17 clearly is that this was told to him at the 18 request of and in the presence of Department of 19 Justice trial lawyers, and I can defend it 20 under attorney/client privilege, period. 21 That's the formula, and that's the formula that 22 the District has taken in its privilege list 23 throughout. But I am going to allow him to 24 answer that because even though it certainly DEPOSITION OF WILLIAM W. WALKER, JR. 299 1 could be attorney/client privilege and I could 2 sit here and withhold it, it is my belief, I 3 think that it does go to a scientific nature. 4 And, no, there is never going to be a 5 clear formula when I am letting you wade into 6 meetings that are privileged meetings. I am 7 also going to analyze what the substance of 8 that information is that's going to come out 9 because I think all of it is technically 10 privileged. 11 Q. Dr. Walker, what were the reasons given to you 12 by Dr. Soukup for performing the analysis of 13 the Corps data reflected in Exhibit 20? 14 A. This analysis was conducted approximately one 15 month before we began discussions with the 16 District regarding ONRW standards for the Park 17 inflows. There were a variety of water quality 18 databases collected by various agencies, 19 including the Corps of Engineers and including 20 the District, that could be used in setting 21 those standards, and the purpose of this 22 particular exercise that I went through was to 23 examine the applicability of the data produced 24 by the Corps of Engineers for the purpose of DEPOSITION OF WILLIAM W. WALKER, JR. 300 1 setting water quality standards at the Park 2 inflows. 3 Q. In your mind, are analyses for the purpose of 4 setting water quality standards analyses which 5 are performed for litigation purposes? 6 MR. HARRISON: I object to the form of 7 the question. 8 A. In my mind, if the analysis is requested by an 9 attorney or in the presence of an attorney, 10 then it is possibly subject to confidentiality 11 because of the attorney/client relationship. 12 Q. Is the ONRW standards setting process a part of 13 this litigation? 14 MR. HARRISON: Asked and answered. 15 Dr. Walker already testified yesterday that he 16 considered it part of the same project he was 17 hired by the Department of Justice to do. 18 MS. AHEARN: The DOJ project. I have 19 asked him a different question here. 20 A. It was -- one of the tasks that I was assigned 21 in working for the Justice Department was to 22 work with the Park Service and attend these 23 meetings under the ONRW process. 24 Q. Would the ONRW process proceed if there was no DEPOSITION OF WILLIAM W. WALKER, JR. 301 1 litigation? 2 A. I could only speculate on that. I don't know. 3 Q. Is the ONRW process provided for by law 4 independent of this litigation? 5 A. I'm not familiar with the legal aspects of the 6 ONRW process. 7 Q. Are you familiar with the statutory provisions 8 that require and define the ONRW standards 9 setting process? 10 MR. HARRISON: Asked and answered. I 11 object. Calls for a legal conclusion. 12 A. No. 13 Q. You're not familiar with those statutes -- 14 A. No. 15 Q. -- correct? 16 Do you anticipate that the court in this 17 litigation will set ONRW standards? 18 MR. HARRISON: Objection. Calls for a 19 legal conclusion, entirely beyond the scope of 20 this witness' expertise as to what the court 21 will or will not do. It's pure speculation. 22 A. I would not speculate on that. 23 Q. Do you have any anticipation, any belief on 24 that whatsoever? DEPOSITION OF WILLIAM W. WALKER, JR. 302 1 MR. HARRISON: Objection. Same grounds. 2 Q. You can still answer. 3 A. No, I have no particular anticipation whether 4 the court will specify ONRW standards. 5 Q. One way or another, you don't know whether the 6 court will or will not? 7 MR. HARRISON: Same objection. 8 A. I cannot speculate what the court will do. 9 MR. HARRISON: Asked and answered three 10 times now, Counsel. It borders on badgering. 11 Q. Is it your understanding that the relief that 12 the United States seeks through this litigation 13 will impact the ONRW standards? 14 MR. HARRISON: Objection. Same grounds. 15 Same question by a different guise. Calls for 16 a legal conclusion, calls for speculation, 17 beyond this witness' basis of knowledge or 18 foundation. 19 A. I do not know whether any such relief would be 20 explicitly linked to ONRW. 21 Q. Do you anticipate that the court will need to 22 be informed about the scientific analyses you 23 have performed -- 24 MR. HARRISON: Objection. DEPOSITION OF WILLIAM W. WALKER, JR. 303 1 Q. -- in connection with the ONRW standards 2 setting process? 3 MR. HARRISON: Objection to any question 4 what Dr. Walker anticipates the court will do 5 or will need with respect to an outcome in this 6 litigation. It is completely an improper 7 question, Counsel, and you're wasting time. 8 Q. Can you answer my question? 9 A. No, I cannot. 10 Q. You have performed certain analyses, prepared 11 materials which relate specifically to the ONRW 12 standards process; isn't that correct? 13 A. That's correct. 14 Q. Did you perform those analyses and prepare 15 those materials with the anticipation that they 16 would be used as evidence in the litigation? 17 MR. HARRISON: I'm going to object, but 18 I'll let him answer it. I think you're moving 19 into attorney/client privilege. 20 A. The thought of whether or not these particular 21 materials would be used as evidence in the 22 litigation never -- never occurred to me. 23 MR. HARRISON: By "these materials," I 24 think that needs to be clarified. Are you DEPOSITION OF WILLIAM W. WALKER, JR. 304 1 talking about ONRW materials? 2 THE WITNESS: The materials I prepared 3 in conjunction with ONRW. 4 Q. Were there any other reasons Dr. Soukup gave 5 you for analyzing the Corps data in December of 6 1989? 7 A. Not to my recollection. 8 Q. Do you recall any reasons voiced by the Corps 9 of Army Engineers for this analysis? 10 A. No reasons, no. 11 Q. Didn't the Corps want to see its database used 12 in the ONRW standard process? 13 MR. HARRISON: Objection. Calls for 14 speculation. No foundation to show he would 15 know that. You have not laid a foundation. 16 But you may answer if you can. 17 A. I previously stated that one -- the reason for 18 this analysis was to examine the -- whether or 19 not the Corps data were appropriate for 20 inclusion in the process. 21 Q. Did the Corps have a position on that? 22 A. I did not speak to anyone at the Corps or have 23 any discussions with people at the Corps on 24 that topic. DEPOSITION OF WILLIAM W. WALKER, JR. 305 1 Q. Did you have discussions with anyone at the 2 Corps about the analysis of the Corps water 3 quality data? 4 A. I had contacts with people at the Corps 5 regarding obtaining the data for my analysis. 6 Q. You didn't discuss with anyone at the Corps the 7 reasons for performing the analysis? 8 MR. HARRISON: Asked and answered. 9 A. No. 10 Q. Have you discussed with anyone at the Corps 11 whether they would like to see their data used 12 in the ONRW standards? 13 MR. HARRISON: Asked and answered. 14 A. Would you repeat that question? 15 MS. AHEARN: Could you read it back, 16 please? 17 (The record was read as requested.) 18 A. No. 19 Q. Have you discussed with anyone at the Corps 20 whether they would like to see their data used 21 in conjunction with the litigation? 22 A. No. 23 Q. Have you discussed that with Dr. Soukup, 24 whether he would like to see you use the Corps DEPOSITION OF WILLIAM W. WALKER, JR. 306 1 data in conjunction with the litigation? 2 A. The discussion I had with Dr. Soukup was a 3 request for me to analyze the data and 4 determine whether or not it was valid to 5 include the data in setting ONRW standards. 6 Q. So from your answer I understand that you never 7 discussed with Dr. Soukup this other issue of 8 using the Corps data for litigation purposes? 9 MR. HARRISON: Objection. 10 Mischaracterization. 11 A. The discussion I had with Dr. Soukup regarding 12 this particular task was -- occurred in the 13 presence of attorneys, and it was a task that 14 was agreed among attorneys and Dr. Soukup and 15 myself, and I was asked to perform the 16 analysis. I can't separate objectives. 17 MR. HARRISON: The witness obviously 18 cannot go into Dr. Soukup's mind as to any 19 other reasons that were not directly 20 communicated to this witness. If he has a 21 mental impression from a meeting that included 22 attorneys, there is no way that you can 23 separate that mental impression from 24 attorney/client privilege. DEPOSITION OF WILLIAM W. WALKER, JR. 307 1 He has already told you what Dr. Soukup 2 told him the reasons were, and that's as far as 3 this needs to go where you are clearly getting 4 into the mental impressions of the attorneys as 5 to perhaps other reasons why we wanted this 6 data analyzed. But that is -- he has already 7 testified as to what Dr. Soukup told him, and 8 that's as far as this issue is going to go. 9 Q. Dr. Walker, on Exhibit 20 in the first line you 10 state that you have reviewed water quality data 11 collected by the Corps. When did that review 12 take place? 13 A. In the fall of 1989. 14 Q. When did you obtain that water quality data? 15 A. In the fall of 1989. 16 Q. Who provided that data to you? 17 A. The Corps of Engineers, Jacksonville district 18 office. 19 Q. Any particular individual there who you 20 contacted to obtain this data? 21 MR. HARRISON: If you recall, 22 Dr. Walker. Please don't speculate. 23 A. The person's name was Jim McAdams. 24 Q. Did you tell Mr. McAdams why you wanted the DEPOSITION OF WILLIAM W. WALKER, JR. 308 1 data? 2 A. I don't recall. 3 Q. Do you recall if you discussed with him what 4 you were going to do with the data? 5 A. I don't recall. 6 Q. The data which Mr. McAdams provided to you, was 7 that entered onto your computer after you 8 received it? 9 A. Yes. 10 Q. Is it the Corps data which you have identified 11 for us on page 27 of Exhibit 18? 12 A. Page 27 of Exhibit 18 contains the directory 13 G:\COE, which contains the water quality data 14 which I would have extracted from files 15 provided by the Corps of Engineers. 16 Q. Do you still have those original files you 17 received from the Corps? 18 A. Yes, I do. 19 Q. Were they produced in conjunction with this 20 deposition? 21 A. Yes, they were. 22 Q. What format are they in? 23 A. They are in the form of -- there may have been 24 some printouts that were included in the box DEPOSITION OF WILLIAM W. WALKER, JR. 309 1 that I supplied to the Justice Department as 2 well as there are some data files contained on 3 the floppy disks that I provided. 4 Q. At any other time did you obtain water quality 5 data for Park inflows from the Corps of Army 6 Engineers? 7 A. The only time that I recall receiving such data 8 was in the fall of 1989. 9 Q. From Mr. McAdams? 10 A. Correct. 11 Q. In the third sentence of Exhibit 20 you state 12 that you have focused exclusively on total 13 phosphorus. 14 Subsequently, have you looked at any 15 other parameters in the Corps water quality 16 data? 17 A. Not to my recollection. 18 Q. Would you have any reason at this time to 19 reject the Corps data for use with any 20 parameter other than total phosphorus? 21 MR. HARRISON: Objection. Foundation. 22 If he hasn't looked at it, how can he know what 23 to reject? 24 A. Reject for what purpose? DEPOSITION OF WILLIAM W. WALKER, JR. 310 1 Q. For the purpose of use in ONRW standards 2 setting. 3 A. I have not looked at other parameters. And the 4 other -- the other reason why I suspect that 5 the Corps data would not be appropriate is 6 because the stations are not appropriately 7 located, as is described in my letter of 8 December 11th, 1989. 9 Q. Other than the location of the stations, have 10 you other suspicions as to why you wouldn't 11 want to use the Corps data for other 12 parameters? 13 A. I have no suspicions. I have not analyzed the 14 other parameters. I have no opinion. 15 Q. Would you be able to render such an opinion 16 regarding potential use of the Corps data for 17 parameters other than total phosphorus for the 18 purpose of use in the litigation? 19 A. I can't speculate on whether I -- what I would 20 be able to say about the Corps data. 21 Q. Do you intend to be looking at the Corps data 22 further in conjunction with this litigation? 23 A. I don't know. 24 Q. And is that because an attorney hasn't yet told DEPOSITION OF WILLIAM W. WALKER, JR. 311 1 you? 2 MR. HARRISON: Objection. If he doesn't 3 know, he doesn't know. 4 Q. Is there a reason why you don't know whether 5 you'll use this data or not? 6 A. I don't know whether I will examine this data 7 further as part of the litigation or not. 8 Q. Now, in Paragraph 1 you state that the data are 9 adequate for determining compliance with the 10 existing MOA standard. Do you maintain that 11 opinion as of today? 12 A. The stations are inadequately located for 13 determining compliance at all of the ENP inflow 14 points. 15 Q. What are the locations specified in the MOA for 16 determination of compliance? 17 A. I don't recall exactly. 18 Q. As of December 11, 1989, had you had any 19 discussions with the District in terms of 20 revised standards they were considering for 21 Park inflows? 22 A. No. 23 Q. Had you had any discussions with the Department 24 of Environmental Regulation about standards DEPOSITION OF WILLIAM W. WALKER, JR. 312 1 that they were considering for Park inflows? 2 A. No. 3 MR. HARRISON: Counsel, just so it's 4 clear, are you talking about Park inflows 5 regardless of whether it's the litigation, 6 ONRW, the MOA, anything? Or were you focusing 7 still on the MOA? 8 MS. AHEARN: I'll ask more questions to 9 clarify that if you like. 10 MR. HARRISON: Well, thus far I took it 11 to mean it was in conjunction with the MOA 12 because it followed those questions. 13 Q. Dr. Walker, isn't it true that at this time 14 there is a Memorandum of Agreement dated in 15 1984 which specifies numeric standards for 16 water quality inflows to the Everglades 17 National Park? 18 MR. HARRISON: I object to the 19 characterization "MOA." You may answer. 20 A. Yes, I believe there is such an agreement. 21 Q. Are there other potential or revised standards 22 for inflows into Everglades Park that have been 23 considered over the last two years? 24 MR. HARRISON: I object to form. In any DEPOSITION OF WILLIAM W. WALKER, JR. 313 1 context, Counsel? Are we still dealing with 2 the MOA? 3 Q. We have MOA standards today, correct? 4 A. My answer is yes. 5 Q. Okay. There are some prospective standards 6 under consideration. What kinds of standards 7 are those that you're aware of? 8 A. The ONRW standards. 9 Q. Okay. Any other revised or potential standards 10 which you have discussed with other parties 11 interested in South Florida water quality? 12 MR. HARRISON: Counsel, I'm still going 13 to object. I don't know whether you're going 14 to the scientific number of the standard or the 15 legal nature of a standard, such as a state 16 water quality standard. 17 MS. AHEARN: How about a label on a 18 standard? You were concerned that my question 19 was vague because I wasn't discriminating among 20 types of standards. 21 MR. HARRISON: Okay. 22 MS. AHEARN: So I want to find out when 23 Dr. Walker uses particular terms, which of the 24 particular standards is he referring to. DEPOSITION OF WILLIAM W. WALKER, JR. 314 1 A. Could you repeat your question, please? 2 Q. Okay. You are aware of existing Memorandum of 3 Agreement standards and potential ONRW 4 standards, correct? 5 A. Correct. 6 Q. What other types of standards for water quality 7 inflows to Everglades National Park are you 8 aware of? 9 A. Those would be standards that are associated 10 with the federal remedy for the lawsuit. 11 Q. Any other types of standards that you're aware 12 of? 13 MR. HARRISON: Counsel, do you mean 14 standards specifically applying to the Park or 15 state standards which might apply to all 16 Class 3 waters? I mean, is this specifically 17 to the Park? 18 A. There may be others, but I'm unsure. 19 Q. Let me ask it this way: You have dealt with 20 MOA standards, potential ONRW standards and 21 potential standards that might be part of a 22 remedy through the litigation, correct? 23 A. I have not dealt with MOA standards. 24 Q. You are aware of their existence? DEPOSITION OF WILLIAM W. WALKER, JR. 315 1 A. Yes. 2 Q. And you have dealt with the other two types of 3 standards? 4 A. That's correct. 5 Q. Have you dealt with any other types of 6 standards for inflows to the Park? 7 A. I'm not sure what you mean by "types of 8 standards." 9 Q. Any other category of standards for total 10 phosphorus concentrations in inflows to the 11 Park. I mean, is there some alternative 12 program to ONRW? Is there a national 13 standard? 14 A. The only other one program that I recall is the 15 OFW program. 16 Q. Have you been involved in analysis and 17 development of OFW standards for the Park? I 18 don't mean these to be trick questions. I'm 19 just -- 20 A. It's hard to distinguish that from the other 21 standards. 22 Q. It probably is. I just want to make sure that 23 our terminology is clear, that we recognize 24 that you would refer to MOA standards, ONRW DEPOSITION OF WILLIAM W. WALKER, JR. 316 1 standards as those being -- that are discussed 2 in your meetings on behalf of the Park with the 3 District and DER and sometimes EPA, and then 4 another type of standard which might be part of 5 the litigation remedy. 6 A. Correct. 7 Q. When you refer to revised standards, are you 8 referring to that ONRW type of standard? 9 MR. HARRISON: Objection. I don't know 10 that it's been shown that he refers to revised 11 standards. 12 A. I'm not sure where the term "revised" comes 13 from. What are you referring to? 14 Q. Have you ever used that term? 15 A. I may have. 16 Q. As of December 11, 1989, had you discussed the 17 ONRW standards with anyone other than someone 18 affiliated with the federal government either 19 as an employee of the federal government or a 20 consultant on the South Florida litigation? 21 A. Not to my recollection. 22 Q. In Paragraph 1 here if you look down on the 23 fifth line, you talk about the revised 24 standards. Does that reference to the revised DEPOSITION OF WILLIAM W. WALKER, JR. 317 1 standards refer to the ONRW standards? 2 A. It could have referred to the ONRW standards 3 and/or to the standards that were referenced in 4 the -- I believe it was the first draft of the 5 SWIM plan. 6 Q. You don't know what you were referring to 7 there? 8 A. New standards for Park inflows were discussed 9 both in the draft of the SWIM plan and with 10 respect to the ONRW. I have trouble 11 distinguishing the two. 12 MR. HARRISON: Counsel, he is not an 13 attorney, and it's very easy for choices of 14 words to be used like "standards" or "revised 15 standards." But if you're going to be asking 16 him to compare the legal criteria of MOA 17 standards versus ENP inflows, it's beyond the 18 scope. 19 MS. AHEARN: I wasn't asking for a legal 20 explication, just a definition of the term he 21 used in his own writing. 22 MR. HARRISON: I think he's given you 23 that. 24 Q. Could you, please, turn to page 2 of DEPOSITION OF WILLIAM W. WALKER, JR. 318 1 Exhibit 20? At the bottom you state: 2 ...the Corps of Engineers could 3 provide potentially important data sets 4 independent of those provided by SFWMD 5 for tracking phosphorus concentrations 6 at Park inflows. 7 MR. HARRISON: I'm going to note that 8 that's not where the sentence began, that there 9 were some provisos and conditions attached to 10 that. 11 MS. AHEARN: Thank you. And I'll admit 12 that I read only part of that sentence. 13 Q. To your knowledge, is the Corps of Army 14 Engineers currently undertaking to do this? 15 A. You're referring to the sentence that says: 16 With future refinements to the 17 sampling program design and analytical 18 procedures, the Corps of Engineers could 19 provide potentially important data sets 20 independent of those provided by SFWMD 21 for tracking phosphorus concentrations 22 at Park inflows? 23 Q. Correct. 24 A. To my knowledge at this time there are no plans DEPOSITION OF WILLIAM W. WALKER, JR. 319 1 for that exercise. 2 Q. Are there any plans for any other federal 3 agency to undertake this exercise? 4 A. There have been no such programs that have been 5 designed to my knowledge. 6 Q. At the top of page 2, the first paragraph, the 7 second line you write: 8 I suggest that these values be 9 verified by referring to laboratory 10 records and field notes. 11 MR. HARRISON: Second line? That's 12 about the fourth -- 13 MS. AHEARN: Excuse me. Second 14 sentence. 15 Q. Has that been done? 16 A. I don't know. 17 Q. Have you obtained laboratory records and field 18 notes from the Corps? 19 A. No. 20 Q. Have you obtained laboratory records and field 21 notes from the District? 22 A. No. 23 Q. Have you reviewed such records and notes from 24 either the Corps or the District? DEPOSITION OF WILLIAM W. WALKER, JR. 320 1 A. I have not had access to them, and I have not 2 reviewed them. 3 Q. To your knowledge, has any other person working 4 on the South Florida litigation reviewed 5 laboratory records and field notes for the 6 Corps water quality monitoring? 7 A. I don't know. 8 Q. Do you know if anyone's done that for the 9 District water quality monitoring? 10 A. I don't know. 11 Q. How about for water quality monitoring 12 conducted by the National Park Service? 13 A. The Park Service does not conduct an 14 independent water quality monitoring program. 15 The Park Service collects samples that are 16 analyzed by the District. 17 Q. To your knowledge, has anyone reviewed the 18 laboratory records and field notes that reflect 19 the sampling effort that the Park does 20 undertake? 21 MR. HARRISON: You mean the laboratory 22 notes that are prepared by the Water Management 23 District on those -- 24 MS. AHEARN: That relate to samples DEPOSITION OF WILLIAM W. WALKER, JR. 321 1 collected by the Park. 2 MR. HARRISON: He just testified those 3 are performed by the Water Management District, 4 those analyses of those samples. 5 MS. AHEARN: That's fine. 6 Q. There are samples collected by the Park, 7 correct? 8 A. Correct. 9 Q. Have you looked at laboratory records and field 10 notes that relate to those samples? 11 MR. HARRISON: Is the question just 12 whether he is aware of whether someone else -- 13 what the Government in this case is reviewing, 14 those records? 15 A. I'm aware that Daniel Scheidt has 16 responsibility for running that monitoring 17 program. Whether he's looked at the records 18 and examined the field notes, I'm unaware. 19 Q. And you haven't done that, just so we make sure 20 this is clear -- 21 MR. HARRISON: Asked and answered. 22 Q. -- correct? 23 A. That's correct. 24 Q. Does the USGS collect water quality samples in DEPOSITION OF WILLIAM W. WALKER, JR. 322 1 South Florida? 2 A. Not currently to my knowledge. 3 Q. They did previously? 4 A. On occasion, yes. 5 Q. To your knowledge, has anyone working on the 6 South Florida litigation reviewed laboratory 7 records and field notes for the water quality 8 samples that USGS has collected? 9 A. Not to my knowledge. 10 Q. Are you aware of any other agencies that have 11 collected water quality samples within the 12 Everglades Agricultural Area, the Water 13 Conservation Areas and Everglades National 14 Park? 15 MR. HARRISON: Any other agency other 16 than what, Counsel? 17 MS. AHEARN: Than those that we have 18 just discussed in the last few prior questions. 19 MR. HARRISON: I object. I think it's 20 ambiguous. We have been talking about a lot of 21 agencies. 22 A. Are you talking about state or federal 23 agencies? 24 Q. Dr. Walker, is it accurate that the following DEPOSITION OF WILLIAM W. WALKER, JR. 323 1 agencies have collected water quality samples 2 within the Water Conservation Areas and the 3 Park, that geographic range, let's say from 4 1950 to present: the South Florida Water 5 Management District, Corps of Army Engineers, 6 USGS and the National Park Service? To your 7 knowledge, is that accurate? 8 MR. HARRISON: I'm going to object to 9 form. It's not clear whether you mean have 10 they all collected samples in all of those 11 areas or any of those areas. 12 Q. Within that geographic area I defined, anyplace 13 within that geographic area. 14 A. To my knowledge, sampling activities have been 15 undertaken by each of those agencies within 16 those broad geographic bounds. 17 Q. Are you aware of any entities, including 18 governmental agencies, that have collected 19 water quality samples within those geographic 20 bounds? 21 MR. HARRISON: Object to form. 22 "Entities" is not defined. Would that include 23 a single person, Counsel? 24 MS. AHEARN: It wouldn't unless that DEPOSITION OF WILLIAM W. WALKER, JR. 324 1 person is, for example, acting on behalf of a 2 university or a company that's doing a study. 3 MR. HARRISON: I object to form. 4 A. I'm totally confused as to what you're asking. 5 Q. All right. Well, thanks for letting me know. 6 Are you aware of any other water quality 7 samples that have been taken by anyone within 8 the geographic area we have described, the 9 Water Conservation Areas and Everglades 10 National Park? 11 A. Yes. 12 Q. Would you identify those persons and/or 13 entities which you are aware have taken those 14 types of samples within that geographic range? 15 A. Dr. Ronald Jones, the University of Florida. 16 There may have been some samples collected by 17 consulting firms. That's all that I can 18 recall. 19 Q. How about the Environmental Protection Agency? 20 A. I don't recall any sampling activities -- oh, 21 excuse me. I'm not sure whether the 22 Environmental Protection Agency has taken 23 samples for water quality. 24 Q. How about the Florida Department of DEPOSITION OF WILLIAM W. WALKER, JR. 325 1 Environmental Regulation? 2 A. I'm not aware that they have any routine 3 monitoring activity in that region. 4 Q. Are you aware of them taking any samples on a 5 nonroutine basis? 6 A. Not specifically. I don't recall. 7 Q. How about the Florida Sugar Cane League? 8 A. I believe that would have been included in my 9 category of consultants. 10 Q. Can you identify those consultants? 11 A. I believe Dr. Curtis Richardson, Duke 12 University, and possibly some other engineering 13 firms. 14 Q. How about the Fish and Wildlife Service? 15 A. I don't recall any routine monitoring activity 16 on their part. 17 Q. How about nonroutine water quality sampling? 18 A. I don't recall any. 19 Q. Have you used or relied upon the water quality 20 samples collected by Dr. Jones in any of the 21 work you have performed on behalf of the 22 Department of Justice? 23 A. No. 24 Q. Have you seen that data? DEPOSITION OF WILLIAM W. WALKER, JR. 326 1 A. No. 2 Q. How do you know that he's done this, collected 3 the samples? 4 A. From conversations with him. 5 Q. Direct conversations with Dr. Jones? 6 A. In the presence of attorneys when we were at 7 research planning meetings. 8 Q. Has he told you what his data show? 9 A. I don't recall specifically. 10 Q. Now, you identified the University of Florida. 11 Are there particular projects or researchers 12 there that you are aware of that have generated 13 water quality samples? 14 MS. NASH: Read back that question, 15 please? 16 (The record was read as requested.) 17 MR. HARRISON: Okay. You may answer. 18 A. There was a sampling program on rainfall 19 quality conducted by the University of Florida 20 in that region. 21 Q. Do you know the dates of that project? 22 A. Late 1970s. 23 Q. And do you know who conducted that project? 24 A. I believe it was Hendry and Brezonik. DEPOSITION OF WILLIAM W. WALKER, JR. 327 1 MR. BURGESS: I'm sorry? I couldn't 2 hear you. 3 THE WITNESS: Hendry, H-E-N-D-R-Y, and 4 Brezonik, B-R-E-Z-O-N-I-K. 5 Q. Both of those researchers are affiliated with 6 the University of Florida? 7 A. At the time that the sampling was done, I 8 believe so. 9 Q. Do you know where those two researchers are 10 working now? 11 A. I believe that Dr. Brezonik is at the 12 University of Minnesota. I do not know where 13 Mr. Hendry is located. 14 Q. Have you used or relied upon this water quality 15 data from the late seventies by Hendry and 16 Brezonik in your work on the South Florida 17 matter? 18 A. Not directly as yet. 19 Q. Do you intend to use or rely upon this data? 20 A. I may. 21 Q. Have you seen any water quality data from 22 Dr. Curtis Richardson? 23 A. Not that I recall, no. 24 Q. Why is it that you think he has collected such DEPOSITION OF WILLIAM W. WALKER, JR. 328 1 data? 2 A. Well, I am aware that he is conducting a 3 research project in the Water Conservation 4 Areas. 5 Q. And you presumed that that research project 6 would just naturally include water quality? 7 A. Would involve some water quality sampling. 8 Q. Have you seen any presentations by Dr. Curtis 9 Richardson concerning his research in South 10 Florida? 11 A. Yes. 12 Q. Is this a presentation you personally attended? 13 A. Yes. 14 Q. And when and where was that? 15 A. It would have been in the fall of 1989 at -- 16 the fall or summer of 1989 at the South Florida 17 Water Management District headquarters. 18 Q. Did you see presentations by other scientists 19 at that time? 20 A. At that same meeting? 21 Q. At that same meeting. 22 A. Yes. 23 Q. And what other scientists' presentations did 24 you observe? DEPOSITION OF WILLIAM W. WALKER, JR. 329 1 A. A presentation by Walt Dineen. That's all I 2 recall. 3 Q. Have you used or relied upon any of the 4 information presented during this presentation 5 at the District in your work on the South 6 Florida matter? 7 A. Those presentations provided me with general 8 background information. 9 Q. Have you looked at, considered any specific 10 data or conclusions presented during this 11 session? 12 A. No. 13 Q. Did you stay throughout the whole set of 14 proceedings at the District there that day? 15 (The witness gave no response.) 16 Q. I guess my question is: Did you just show up 17 for the Richardson and Dineen presentations, or 18 were you there and probably saw the 19 presentations, you just don't recall them? 20 MR. HARRISON: I'll let him answer if he 21 can, but no foundation laid that he knows when 22 the proceedings began or ended. 23 A. I did not stay for the entire day. 24 Q. Were there other presentations that you DEPOSITION OF WILLIAM W. WALKER, JR. 330 1 observed that you just can't recall right now? 2 MR. HARRISON: Objection. If he can't 3 recall, how does he know if he observed them? 4 A. Not that I remember. 5 Q. I just want it clear, it's not that there were 6 people, you just can't remember their names; 7 you just don't remember other presentations? 8 A. I don't recall whether there were other 9 presentations or whether I heard other 10 presentations, but those are the only two that 11 I remember. 12 Q. Okay. Thank you. 13 Dr. Walker, on Exhibit 20 would you, 14 please, turn to the second page of Enclosure 15 No. 1? Just so I'm clear, I don't see a 16 legend, what do the question marks that we see 17 to the right of the most right-hand column 18 signify? 19 A. Well, if you refer to page 1 of that same 20 exhibit, Item No. 3 on the bottom, it says 21 Enclosure 1 reveals two dates, February 23rd of 22 1987 and March 22nd of 1988, when reported 23 phosphorus concentrations were unusually high 24 at all stations. So those were particular DEPOSITION OF WILLIAM W. WALKER, JR. 331 1 observations that -- where the numbers were 2 generally higher than they were reported on the 3 other dates. And further in that paragraph 4 I suggested to Dr. Smith that those values be 5 checked by referring to field and laboratory 6 notes. 7 Q. Do the question marks denote that these are 8 potential outliers? 9 A. Possibly. 10 Q. An outlier is a number reported by the lab that 11 seems aberrant? Would that be an accurate 12 description of an outlier? 13 MR. HARRISON: Objection. It's not been 14 established whether the lab reports them as 15 outliers or whether somebody analyzing the 16 data. I think it's better just to ask, What is 17 an outlier? There's been no basis for your 18 characterization. 19 A. An outlier is a sample that is not 20 representative of the population that is 21 reportedly being sampled. 22 Q. So an outlier could be not representative 23 either because it's unusually high or because 24 it's unusually low, correct? DEPOSITION OF WILLIAM W. WALKER, JR. 332 1 A. That's correct. 2 Q. Have you identified any items in the Corps 3 water quality database that are potential 4 outliers because they may be inaccurately low? 5 A. Well, that would be very difficult because of 6 the very low or -- very low analytical 7 resolution of the Corps data. By "low," I mean 8 the detection limit is .01. There are several 9 values that are reported at or below .01. So 10 it would be impossible to identify outliers 11 that are low because of the low analytical 12 resolution. 13 Q. Those outliers may exist in the database, but 14 we don't have the technical ability to identify 15 them? 16 A. The resolution of the database is inadequate to 17 identify those values. 18 Q. If you were to find in a given database that a 19 particular percentage of data points could be 20 determined to be outliers because they're 21 overly high, does that suggest that you should 22 have caution about the number of outliers that 23 you cannot see because they're inordinately 24 low? DEPOSITION OF WILLIAM W. WALKER, JR. 333 1 MR. HARRISON: Objection to form. 2 A. That would depend upon how the data were being 3 used. 4 Q. If the data were being used to determine 5 whether a trend in water quality could be 6 detected in a five-year-period-of-record 7 database, would that be relevant for purposes 8 of looking for the existence of overly low 9 outliers? 10 MR. HARRISON: I object to form. 11 A. In examining data for trends, I would not use 12 statistical methods that are sensitive to 13 outliers. 14 Q. As a categorical matter in a trend analysis, 15 you would always use a technique insensitive to 16 outliers? 17 A. That's right. 18 Q. Are there any number of such techniques that 19 would be available to you? 20 A. There is an array of techniques. 21 Q. Could you identify those techniques? 22 A. Techniques for trend analysis, is that what 23 you're asking? 24 Q. Yes. DEPOSITION OF WILLIAM W. WALKER, JR. 334 1 A. The Seasonal Kendall test, which is the one 2 that I have used in Exhibit 17, is such a 3 technique. 4 Q. Are there others? 5 A. There are other techniques as well that are -- 6 that have been applied to analyzing data for 7 trends. 8 Q. Are those techniques also insensitive to 9 outliers? 10 A. Some of them are. 11 Q. Would you tell me which of those other 12 techniques which are insensitive to outliers? 13 Could you give me their identities? 14 MR. HARRISON: Which are not sensitive 15 to outliers? 16 MS. AHEARN: Yes. 17 A. They are generally any technique that is based 18 upon ranking of the data rather than on 19 absolute values. 20 Q. We have a test commonly referred to as the 21 Seasonal Kendall test. Are there other 22 commonly recognized names for these additional 23 techniques which are insensitive to outliers? 24 A. Spearman's rank correlation might be one. DEPOSITION OF WILLIAM W. WALKER, JR. 335 1 Q. Can you identify any others? 2 A. That's all I can recall. 3 Q. And then there are some additional techniques 4 that have been applied to do trend analyses 5 which you would characterize as being sensitive 6 to outliers? 7 A. There are other techniques that have greater 8 sensitivity to outliers, correct. 9 Q. Can you identify those techniques for me? 10 A. Those would be regression analysis, time series 11 analysis, t-tests. 12 Q. Can you think of any others? 13 A. Those are representative. 14 Q. Have you considered the use of each of these 15 techniques you have just identified for us in 16 your work on the South Florida matter for the 17 Department of Justice? 18 A. Yes, I have. 19 Q. Through that consideration are there any 20 techniques which you have decided not to use 21 after just a conceptual consideration of using 22 that technique? 23 A. In selecting the techniques that I have used in 24 my trend analysis, I reviewed the literature DEPOSITION OF WILLIAM W. WALKER, JR. 336 1 and selected the techniques that I thought were 2 most appropriate. 3 Q. And through that course, you decided through 4 your literature review consideration at that 5 point, you decided not to consider certain 6 techniques further? 7 A. I decided to use the best methods that were 8 available, the most widely recommended method. 9 Q. Which techniques did you decide not to consider 10 further after your literature review? 11 MR. HARRISON: Objection. It's been 12 asked and answered. The answer is obvious in 13 the report. Wherever the techniques weren't 14 used? 15 A. I selected to reject the methods that are not 16 referenced or used in my report. 17 Q. Which are those, please? Point them out to me. 18 A. I did not use t-tests. I did not use time 19 series analysis, and I did not use Spearman's 20 correlation -- rank correlation. 21 Q. I just want to make sure we're clear because I 22 don't think this question had been asked or 23 answered. These are techniques which you set 24 aside based on your review of the literature? DEPOSITION OF WILLIAM W. WALKER, JR. 337 1 MR. HARRISON: Objection. That's a 2 mischaracterization. Just because you review 3 the literature and you find what you believe to 4 be the best technique doesn't mean you're 5 automatically rejecting -- that you have made a 6 conscious decision to reject it. That's your 7 words, Counsel. It is not the words of the 8 witness. 9 MS. AHEARN: Mr. Harrison, if you have a 10 problem with my phrasing, I'll try it 11 differently. 12 MR. HARRISON: I have had and I'm 13 objecting to form. You're trying to put words 14 in the witness' mouth. He's answered the 15 question. 16 Q. Did you do your literature review and select 17 your techniques before you turned to the data 18 and actually started analyzing the data? 19 A. I have been generally familiar with the 20 literature on this topic, so I would have -- so 21 the literature review would have started a 22 number of years ago. 23 Q. I see. In conjunction with your work on South 24 Florida, have you performed any analysis of any DEPOSITION OF WILLIAM W. WALKER, JR. 338 1 data utilizing Spearman's rank correlations? 2 A. I have not applied it for testing trends -- 3 excuse me, yes. There was a -- I believe that 4 Spearman's rank correlation was used in the 5 preliminary analysis of inflow data that was 6 conducted in the fall of 1989. 7 Q. Is that the analysis you ran with your OTREN 8 program? 9 A. Yes, I believe so. 10 Q. My motive here really isn't that suspect. I 11 just want to find out which of these tests 12 we're going to have to talk about in some 13 detail later and which weren't really key in 14 your analysis. So if that helps speed things 15 up. 16 Did you actually employ the time series 17 analysis? 18 A. No. 19 Q. And did you employ the t-test analysis to any 20 data in conjunction with the South Florida 21 matter? 22 A. Yes. 23 Q. Can you tell me in what circumstances you used 24 the t-test? DEPOSITION OF WILLIAM W. WALKER, JR. 339 1 A. That would also have been in conjunction with 2 that preliminary analysis of the data that I 3 conducted in the fall of 1989. 4 MS. AHEARN: This would probably be a 5 good place to stop for lunch. 6 (Off the record) 7 (Luncheon recess) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DEPOSITION OF WILLIAM W. WALKER, JR. 340 1 A F T E R N O O N S E S S I O N 2 BY MS. AHEARN: 3 Q. Dr. Walker, just before we left for lunch, you 4 told us that the techniques you would use for 5 trend analyses are insensitive to outliers, and 6 you named a couple of those techniques for us. 7 When you perform a trend analysis on a 8 data set, am I correct, you just leave any 9 potential outliers in that data set when you're 10 applying one of the techniques that you 11 identified to us as insensitive to outliers? 12 A. Yes. 13 Q. When a statistician sees a value in a data set 14 that may be an outlier, doesn't that indicate 15 that there is a value that accurately measured 16 some phenomenon in the real world but we just 17 don't know what it was? 18 MR. HARRISON: I'm sorry. Can I have it 19 repeated? 20 (The record was read as requested.) 21 MR. HARRISON: Objection. There's no 22 way for Dr. Walker to know what a statistician 23 generically would do or what the data set would 24 contain. DEPOSITION OF WILLIAM W. WALKER, JR. 341 1 Q. You can answer. 2 MR. HARRISON: You can answer if you 3 can. 4 A. Well, it's hard for me to generalize what a 5 statistician would do in reaction to any 6 particular data point. 7 Q. When you find a value in a data set, that value 8 reflects a measurement performed on a sample of 9 some phenomenon in the real world; is that 10 correct? 11 A. It may reflect a true measurement. 12 Q. Well, if I have a data set that reflects 20 13 samples and one of the 20 values in my data set 14 may be an outlier, that indicates that I may 15 not have an accurate measure of that sample; 16 but that sample nonetheless existed. Correct? 17 MR. HARRISON: I object to form. 18 A. This hypothetical value that this hypothetical 19 statistician might have identified as an 20 outlier would not necessarily even reflect an 21 actual sample. 22 Q. When you look at any data set, you just simply 23 assume that, boy, someone actually collected 24 these samples and they weren't generated out of DEPOSITION OF WILLIAM W. WALKER, JR. 342 1 thin air? 2 MR. HARRISON: I object to form. 3 A. If normal quality control procedures are 4 followed in sampling the -- in collecting the 5 data and in transcribing the data and in 6 analyzing the samples and in transcribing the 7 results, one assumes that the sample -- samples 8 as a whole reflect the population that was 9 sampled. 10 Q. In the water quality database that you used in 11 the trend analysis reflected in Exhibit 17, 12 your final report, did you verify that for each 13 data point in the data set, those steps that 14 you just identified -- QA/QC, transcribing the 15 value properly, sampling, measurement and all 16 -- were properly and accurately performed? 17 A. That data set was provided to us by the South 18 Florida Water Management District. It was data 19 collected by their laboratory, and it was data 20 that they represented to us were valid for use 21 in setting water quality standards for Park 22 inflows. 23 We did not have access to the raw data 24 or the data transcription process or to the DEPOSITION OF WILLIAM W. WALKER, JR. 343 1 field notes that would have been necessary to 2 enable us to perform the task that you 3 described. 4 MR. HARRISON: Counsel, just for the 5 record, I would like to note, I don't mean to 6 interrupt, but we requested those several times 7 both under the original documents production, 8 and that's the field notes. 9 MS. AHEARN: Mr. Harrison, I simply 10 asked Dr. Walker if he had done something. It 11 was a question that called for a yes or no 12 answer. 13 MR. HARRISON: Yes. But -- 14 MS. AHEARN: Thank you. 15 MR. HARRISON: -- the fact is if we had 16 that information, it would have been possible 17 for him to do that. We have never been 18 provided with field notes for any of the 19 samples. 20 Q. Dr. Walker, since you're an expert, I get to 21 use hypotheticals with you. I'd like you to 22 presume that we have taken 20 separate samples 23 to measure total phosphorus concentrations in 24 surface water and the collection, lab analysis, DEPOSITION OF WILLIAM W. WALKER, JR. 344 1 transcribing of those results to a data set 2 have resulted in 20 different values; and upon 3 examination of those values, it appears that 4 one value may be an outlier. 5 Is my hypothetical clear to you at this 6 point? 7 MR. HARRISON: I object only in that you 8 have not defined what you mean by "an outlier." 9 A. And you haven't defined what you are sampling 10 or whether you're sampling at the same 11 location. 12 Q. I don't know that those factors are relevant to 13 my hypothetical, but I'll be happy to supply 14 them. Let's say I'm sampling surface water. I 15 thought I had said that. Let's say they're all 16 at the same location. I tell you that this is 17 what's happened. I bring to you data. I give 18 you 20 value points in a data set. 19 Now, your examination of this data set 20 indicates to you that one of these values may 21 be an outlier. Does your identification of a 22 possible outlier nullify the fact that there 23 was a sample taken of that surface water at 24 some time? DEPOSITION OF WILLIAM W. WALKER, JR. 345 1 A. I still don't understand the premise of your 2 hypothetical sampling program. You're sampling 3 it -- you are sampling at one location? Are 4 you sampling over time? Are you sampling over 5 depth? Where are these -- what kind of a 6 sampling program is generating these numbers? 7 Q. Can you explain to me how that's going to be 8 relevant for your determining whether the 9 existence of an outlier negates the fact that 10 there was a value that we attempted to measure 11 in the real world at some given time; it just 12 appears that currently we have measured it 13 imperfectly? 14 My premise is quite simple. I don't 15 think it is conditioned on all these other 16 factors at this point. I recognize that you're 17 trying to be very careful. 18 A. The identification of an outlier depends upon 19 what population -- whether the samples that you 20 are reviewing in a process of identifying that 21 outlier, whether those samples are from the 22 same population. And you haven't specified -- 23 you haven't defined the population that you are 24 sampling. DEPOSITION OF WILLIAM W. WALKER, JR. 346 1 Q. Can I specify that these samples are all from 2 the same population? 3 A. What do you mean by "population"? 4 Q. Whatever it is that you require to be the same 5 population such as you'll be able to identify 6 an outlier in a data set. 7 A. Well, if we could be more specific than that, 8 it would be very helpful -- 9 Q. Can you give me your -- 10 A. -- to answer the question. 11 Q. Can you give me your specific definition of the 12 population? 13 A. You could define a population as a set of data 14 points that would come from a particular 15 location either sampled in replicate at the 16 same time or sampled on different dates over 17 time or sampled with depth at the same date and 18 time. There are lots of different ways of 19 defining the particular sampling population or 20 areas that you're trying to quantify. 21 Q. You need all of these details before we can 22 just conceptually deal with a figure that we 23 want to assume is an outlier? 24 Let me ask you this: In all of those DEPOSITION OF WILLIAM W. WALKER, JR. 347 1 different types of populations you described, 2 is it conceivable that you will identify data 3 points which are outliers? 4 A. If you apply a methodology for identifying 5 outliers from a particular set of samples that 6 has come from a certain population, then it is 7 possible that methodology will identify an 8 outlier, correct. 9 Q. So outliers aren't unique to only certain types 10 of populations that are sampled and never arise 11 in other populations that are sampled? 12 MR. HARRISON: I object to form. 13 A. Outliers may arise as a practical consequence 14 of sampling any population. 15 Q. Let's try it this way. If you could look at 16 Exhibit 20 and turn to the second page of 17 Enclosure 1, and let's look at the entry for 18 2/23/87, the first that you have with the three 19 question marks to the right. 20 Now, further investigation may indicate 21 that this set of values -- or these values are 22 indeed outliers, correct? 23 A. What do you mean by an outlier? 24 Q. Can you give me your definition of an outlier? DEPOSITION OF WILLIAM W. WALKER, JR. 348 1 I think we had a definition on the table 2 before, but let's see if you can give me a 3 definition that we can use right now in trying 4 to get through this what I hope will be brief 5 line of questioning. 6 A. An outlier is a data point that does not 7 reflect the population that was intended to be 8 sampled. 9 Q. So this data point for ENP-8 on 2/23/87, 1.050, 10 may be a value that does not accurately reflect 11 the population sampled at that location on that 12 date by the Corps of Army Engineers? 13 A. That is possible. 14 Q. Now, through review of laboratory records and 15 field logs we might be able to go back and 16 identify some factor that impacted the value 17 that's recorded here, correct? 18 A. That's correct. 19 MR. HARRISON: Object to form. 20 Q. And might we also be able to learn enough 21 information to determine the correct value of 22 the population that was sampled at ENP-8 on 23 this date by the Corps? 24 MR. HARRISON: Object to form. DEPOSITION OF WILLIAM W. WALKER, JR. 349 1 A. In certain circumstances there would be a way 2 of retrieving the correct value. 3 Q. Let's suppose I depose the lab technician on 4 that date and they confirm to us under oath 5 that this was a typographical error and in fact 6 the value was 0.010 on this date. 7 If I then employed that corrected value 8 and I were to take this data set and run a 9 trend analysis on it, will I potentially affect 10 the results of that trend analysis? 11 A. It would depend upon the trend analysis 12 procedure that you would use and upon whether 13 or not the particular data point that you have 14 changed would influence that trend analysis 15 result. 16 Q. It is possible that the correction of the value 17 will impact the result of the trend analysis, 18 correct? 19 MR. HARRISON: I object to form. 20 Anything's possible. This is an expert 21 witness. 22 MS. AHEARN: I don't think that anything 23 is possible in statistics. I'm sure that some 24 things aren't possible. DEPOSITION OF WILLIAM W. WALKER, JR. 350 1 MR. HARRISON: No. But the test for an 2 expert opinion is probability, Counsel, to a 3 reasonable degree of certainty, not 4 possibility. 5 A. If you are doing -- if you view a trend 6 analysis, a procedure that operates on a set of 7 data, if you change the data, you may change 8 the output of the procedure. 9 Q. And that is true of the Seasonal Kendall test, 10 correct? 11 A. It is true of the Seasonal Kendall test. But 12 the Seasonal Kendall test is designed to be 13 robust to changes in individual data points. 14 Q. If I had five data points in my data set which 15 were outliers and I could correct them to 16 reflect the actual values of the population 17 sampled, is the Seasonal Kendall test 18 insensitive to that correction of outliers? 19 A. As you increase the number of data points that 20 you change for whatever reason, then you 21 increase the probability that the outcome of 22 the test will change. 23 Q. So the Seasonal Kendall test isn't insensitive 24 to outliers if you have a certain number of DEPOSITION OF WILLIAM W. WALKER, JR. 351 1 outliers in your data set; isn't that correct? 2 A. It's very difficult to specify what that 3 certain number would be. 4 Q. You can't specify the number, but there is a 5 point when the existence of outliers does 6 impact the results of the Seasonal Kendall 7 test; isn't that correct? 8 MR. HARRISON: I object to form. I 9 think it's necessary that you quantify degrees 10 of impact or degrees of insensitivity. 11 A. It depends on the size of the data set, the 12 number of observations and the number of 13 outliers and the degree to which they are 14 outliers. All of those factors would have to 15 be considered on a case-specific basis in order 16 to determine whether or not the Seasonal 17 Kendall test, when applied to a particular data 18 set, is influenced by outliers. 19 Q. And under certain scenarios you could have an 20 impact on the Seasonal Kendall test, could you 21 not? 22 A. If a high percentage of the data points are not 23 representative of the population that was 24 intended to be sampled, then the outcome of the DEPOSITION OF WILLIAM W. WALKER, JR. 352 1 Seasonal Kendall test may be influenced. 2 Q. We talked before in terms of numbers. You just 3 used the term "high percentage." Can you 4 quantify that percentage? 5 A. I can't put a particular quantification on it, 6 no. 7 Q. Dr. Walker, I'd like to have you turn to 8 Exhibit 1 to your deposition. This, as I 9 believe you have told us yesterday, is your 10 April 1989 resume. And you have brought a more 11 current version which we will have copied and 12 distributed to the parties. 13 Since we prepared this as an exhibit, 14 I'd like to proceed and ask you questions on 15 your April 1989 resume. If you see something 16 that you think has been changed in your more 17 recent one, let me know. Otherwise, we will 18 compare them with your more recent one. If 19 there have been changes, we'll certainly give 20 you any opportunity you want to explain those 21 changes. 22 Aside from using computers in your work, 23 do you pursue computers as a hobby? 24 A. No. DEPOSITION OF WILLIAM W. WALKER, JR. 353 1 Q. Do you have any hobbies that relate to science? 2 A. No. 3 Q. In your studies at MIT you pursued both a 4 Bachelor's and a Master's degree in chemical 5 engineering, correct? 6 A. Yes. 7 Q. Was this a particular program at MIT for both 8 degrees in chemical engineering? 9 A. That was an option that was offered during that 10 time period, correct. 11 Q. Can you explain to me the nature of this 12 program in chemical engineering? What 13 distinguished it from any other curriculum? 14 What were its special elements? 15 MR. HARRISON: Objection. 16 A. The chemical engineering program at MIT 17 provided a background in the disciplines that 18 were required for one to function as a chemical 19 engineer. 20 Q. Was there any special orientation in the 21 chemical engineering program? For example, 22 petroleum or plastics or -- 23 A. No, not oriented toward a particular field of 24 manufacturing. DEPOSITION OF WILLIAM W. WALKER, JR. 354 1 Q. Any particular field of chemical engineering? 2 A. Well, various faculty members had various 3 emphases, but in the undergraduate curriculum 4 there was no overall focus or direction in 5 terms of a particular area of chemical 6 engineering. It was designed to provide a 7 broad background in the concepts that are 8 required for one to function as a chemical 9 engineer. 10 Q. In your personal curriculum did you emphasize 11 any aspect of chemical engineering over the 12 other? 13 A. In the undergraduate school at MIT there was 14 very little opportunity to focus on one aspect 15 of chemical engineering or another because 16 chemical engineering covers several 17 disciplines; much of the time is taken up in 18 course work involving the various disciplines. 19 Q. What are those disciplines? 20 A. Chemistry, mathematics, computing, 21 hydrodynamics, mass transfer, thermodynamics, 22 economics, physics, among others. 23 Q. Did you study statistics at MIT? 24 A. Statistics were involved in some of the course DEPOSITION OF WILLIAM W. WALKER, JR. 355 1 work that I did as part of experimental -- 2 course work on chemical engineering laboratory. 3 Q. Did you have any discreet statistics courses? 4 A. Excuse me? 5 Q. Did you have any discreet statistics courses? 6 A. When? 7 Q. At MIT. 8 (The witness gave no response.) 9 Q. Let me put it this way: How many hours of 10 statistics did you take at MIT? 11 A. I believe that I audited a course on 12 probability theory that was given in the 13 Electrical Engineering Department. 14 Q. Why did you audit it? 15 A. Because it was not a required course. 16 Q. By auditing, does that mean you didn't receive 17 a grade? 18 A. That's correct. 19 Q. Why did you take this nonrequired course? 20 A. Because I was interested in the concept of 21 probability, and I thought it was an area that 22 I might utilize at some point. 23 Q. And how many hours was this probability course? 24 A. What do you mean by "hours"? DEPOSITION OF WILLIAM W. WALKER, JR. 356 1 Q. Well, at MIT did they have a requirement that 2 you successfully complete so many hours of 3 study? 4 A. No. It wasn't expressed in those terms. 5 Q. How was it expressed at MIT? 6 A. It was in the Chemical Engineering Department 7 you had to complete a certain curriculum, 8 certain number of courses. It wasn't expressed 9 in terms of hours. 10 Q. How many hours per week would this probability 11 course have met? 12 A. Two or three. 13 Q. Any other statistics courses at MIT? 14 A. Not that I recall. 15 Q. When did you start your studies at MIT? 16 A. 1966. 17 Q. Did you proceed to college directly from 18 graduating high school? 19 A. Yes. 20 Q. From 1966 through 1971 were you a full-time 21 student at MIT? 22 A. Yes. 23 Q. Were you employed at any time during that 24 period? DEPOSITION OF WILLIAM W. WALKER, JR. 357 1 A. On a part-time basis. 2 Q. What was the part-time employment? 3 A. I was employed by a professor in it was either 4 Physiology or Food Science, and I assisted him 5 in conducting his experiments. 6 Q. These were laboratory experiments? 7 A. Yes. 8 Q. Did you perform any work in the field, 9 scientific work in the field, while at MIT? 10 A. Yes. 11 Q. What was the field work that you did then? 12 A. As part of my thesis work I conducted some 13 monitoring of water quality in the lower 14 Charles River. 15 Q. You personally conducted the monitoring? 16 A. Yes. 17 Q. You collected samples from the river? 18 A. I made measurements in the river and collected 19 samples, as well. 20 Q. What did you measure and sample for? 21 A. Dissolved oxygen, temperature, biochemical 22 oxygen demand and possibly bacteria. 23 Q. How did you learn to conduct this monitoring? 24 A. This monitoring was conducted under an -- a DEPOSITION OF WILLIAM W. WALKER, JR. 358 1 special interdisciplinary science program that 2 was developed at MIT around this time, 3 1970-1971, and it was under the guidance of 4 faculty in the Chemical Engineering Department 5 as well as in the Civil Engineering Department 6 at MIT. 7 Q. How did you learn to actually physically do the 8 monitoring? 9 A. I learned to do the monitoring by visiting I 10 believe it was the Environmental Protection 11 Agency laboratory at that time who were 12 equipped with the instrumentation for doing -- 13 making these types of measurements; also, by 14 visiting the laboratory and talking with the 15 people who worked for the what was then the 16 Metropolitan District Commission. They had an 17 intensive monitoring program of this particular 18 water body in the Charles River Basin. 19 I learned by reading the various manuals 20 and so forth that are available to provide 21 guidance on monitoring techniques, use of a 22 dissolved oxygen meter, sample collection for 23 water quality guidance documents that were 24 available through the EPA. DEPOSITION OF WILLIAM W. WALKER, JR. 359 1 Q. So you taught yourself? 2 MR. HARRISON: I object to form. 3 A. This was done under the guidance of faculty 4 members from the Civil Engineering Department, 5 the Chemical Engineering Department and 6 especially the Civil Engineering Department 7 included people who were in the water resources 8 area and were overseeing this work. 9 Q. They actually supervised you directly while you 10 did the field work? 11 A. They were not present when I was taking the 12 samples, but they overviewed the program and 13 the sampling design and so forth. 14 Q. So you prepared a sample design in advance of 15 commencing the actual monitoring in the field? 16 A. Yes. 17 Q. And that sample design was submitted to someone 18 for review and approval? 19 A. I don't -- I don't recall exactly whether it 20 was officially submitted in written form, but 21 it would have been discussed in a seminar 22 format. 23 Q. Now, any field work while at MIT other than 24 this monitoring you did in conjunction with DEPOSITION OF WILLIAM W. WALKER, JR. 360 1 your thesis? 2 A. Not that I recall. 3 Q. And the field work you did in conjunction with 4 your thesis, did you also do the actual 5 laboratory analyses of samples you collected? 6 A. Yes. 7 Q. Were you responsible for your own QA/QC? 8 A. Yes. 9 Q. What standards for QA/QC did you employ in this 10 thesis work? 11 A. Well, we essentially had a -- an established 12 procedure recommended by the manufacturer for 13 calibrating and operating the dissolved oxygen 14 meter. We had a procedure for -- a dissolved 15 oxygen meter was used both in measurement in 16 the field, measuring dissolved oxygen 17 concentrations in the river, as well as in 18 monitoring the biochemical oxygen demand in 19 samples that were collected from the river and 20 taken back to the lab. 21 Q. Those were grab samples? 22 A. Taking grab samples, correct. And that's what 23 I recall. 24 Q. The pollution model which is the topic of your DEPOSITION OF WILLIAM W. WALKER, JR. 361 1 thesis, did you model just the four parameters 2 that you monitored for? 3 A. The pollution model modeled dissolved oxygen 4 and biochemical oxygen demand. 5 Q. I'm sorry. The parameters that were modeled 6 again were? 7 A. Dissolved oxygen and biochemical oxygen demand. 8 Q. Did your model incorporate the temperature and 9 bacteria parameters in modeling the DO and BOD? 10 A. I believe the temperature was a factor in the 11 model. I don't believe that bacteria were 12 included in the model. 13 Q. Is there a reason why bacteria was not included 14 in the model? 15 A. It was not in the scope of what I thought was 16 feasible to do in the context of a Master's 17 degree. 18 Q. That would have been more Ph.D ambitions to get 19 into bacteria modeling? 20 A. It would have been a much more exhaustive 21 effort. I don't know if one would ever -- one 22 would actually want to do a Ph.D on the topic, 23 but it would have been a different type of 24 effort than I was willing to commit myself to. DEPOSITION OF WILLIAM W. WALKER, JR. 362 1 Q. Can you, please, describe for me this pollution 2 model that's the topic of your thesis? 3 A. The pollution model utilized data collected 4 primarily by the Metropolitan District 5 Commission from seven or more stations in the 6 Charles River to quantify loading of organic 7 materials entering the Charles River from 8 various subwatersheds in the Boston area. 9 Q. This was an empirical model? 10 A. This model was based upon the kinetic 11 formulations that had been developed in 12 sanitary engineering that describe the 13 relationship between organic material in the 14 water, rate of oxygen consumption and 15 reaeration, the various processes that can 16 influence the dissolved oxygen concentration. 17 Q. So would it be more accurate to call it a 18 process model? 19 A. It is a model that reflects the basic sanitary 20 engineering concept of modeling dissolved 21 oxygen in rivers. 22 Q. Could this model be used to predict the water 23 quality in the Charles River? 24 A. Yes. DEPOSITION OF WILLIAM W. WALKER, JR. 363 1 Q. Have you used or modified this model in any 2 subsequent projects or analyses? 3 A. Yes. 4 Q. On how many occasions have you used this model 5 subsequent to your thesis work? 6 A. You mean in how many separate projects? 7 Q. That would be a good one, yes. Actually, if 8 you could, you'll see that I have numbered your 9 publications and projects, if you could just go 10 through Exhibit 1 and tell us the numbers of 11 the publications that reflect instances when 12 you employed the Charles River model? 13 A. The two that I've identified are Items No. 8 14 and 9 on page 4. 15 Q. Do you believe those are the only two 16 publications in Exhibit 1 that reflect 17 subsequent applications of this model? 18 A. To my recollection, yes. 19 Q. Did you receive grades while a student at MIT? 20 A. Yes. 21 Q. And what was the grade scale at MIT? 22 A. It was on a scale of zero to five, I believe. 23 Q. And what was your grade-point average as an 24 undergraduate? DEPOSITION OF WILLIAM W. WALKER, JR. 364 1 A. I don't remember. 2 Q. Do you remember what your class standing was? 3 A. I don't recall ever such -- such a standing 4 having been calculated. 5 Q. Do you know if you were in the upper half or 6 the lower half of your class? 7 A. I believe I would have been in the upper half. 8 Q. Do you know if you were in the top quarter of 9 your class? 10 A. Possibly the top quarter. I'm not certain. 11 Q. And in your Master's work did you receive 12 grades? 13 A. Grades were not assigned to the Master's 14 project, I don't believe. I don't recall. 15 Q. Did you have a supervising professor for your 16 Master's work? 17 A. Yes. 18 Q. And who was that person? 19 A. Robert Reid. 20 Q. Is he still at MIT? 21 A. I don't know. 22 Q. Do you know where he is? 23 A. No. 24 Q. After MIT it appears that you studied for one DEPOSITION OF WILLIAM W. WALKER, JR. 365 1 year at University of California, Berkeley? 2 A. Correct. 3 Q. I'm sorry. Before we move west, I forgot to 4 ask you a few things. At MIT did you study 5 biology? 6 A. I had one course in biochemistry at MIT and two 7 or three courses in organic chemistry. 8 Q. Any biological courses other than chemistry? 9 A. I took a course in -- it was given in the 10 Nutrition and Food Science Department that had 11 to do with -- it was a laboratory course in 12 which I did a project studying enzymes, enzyme 13 dynamics in laboratory animals. 14 Q. Does the study of food science include the 15 study of agriculture? 16 A. Not at MIT, no. 17 Q. While at MIT did you have any courses in 18 agriculture? 19 A. No. 20 Q. Any courses in ecology? 21 A. No. 22 Q. Courses in experimental design? 23 A. Experimental design was taught as part of the 24 chemistry and chemical engineering laboratory DEPOSITION OF WILLIAM W. WALKER, JR. 366 1 courses that I took. 2 Q. Any courses in public management? 3 A. No. 4 Q. Any courses in law? 5 A. No. 6 Q. Okay. Now let's go to California. 7 Am I correct, you studied at California 8 for one year? 9 A. Correct. 10 Q. Can you, please, tell us what it is you did at 11 Berkeley during that year? 12 A. I took course work in chemical engineering and 13 microbiology and sanitary engineering. 14 Q. Can you tell me more specifically what course 15 work you did in microbiology? 16 A. I believe I had three or four courses on 17 fundamentals of microbiology, at least two of 18 which were laboratory courses. 19 Q. Did you do any field work relevant to water 20 quality issues while you were at Berkeley? 21 A. No. 22 Q. Could you tell me more specifically the types 23 of courses you took in sanitary engineering? 24 A. There was a course given for engineers or DEPOSITION OF WILLIAM W. WALKER, JR. 367 1 sanitary engineers and the people from other 2 disciplines on basics, the basics of water 3 quality, some of the important issues in water 4 quality and some of the important ways of 5 solving water quality problems, both areas -- 6 problems that were specific to California as 7 well as problems that were occurring in other 8 areas. I took a course on industrial 9 wastewater treatment, and I believe I either 10 took or I audited a course on ecological 11 aspects of water pollution. 12 Q. What do you mean by the "ecological aspects"? 13 A. It was a course that provided an overview of 14 the relationships between water quality as it 15 is -- as it exists in various types of water 16 bodies and its impacts on organisms and 17 communities. 18 Q. Why did you stay at Berkeley for only one year? 19 A. Because I had an opportunity to return to the 20 Boston area and to work with a professor at 21 Harvard on some particular problems that I was 22 interested in. 23 Q. Who was that particular professor at Harvard? 24 A. That was Dr. Joseph Harrington. DEPOSITION OF WILLIAM W. WALKER, JR. 368 1 Q. And what is his field of -- 2 A. He is a sanitary engineer. 3 Q. What were the particular projects or issues of 4 interest that you wanted to work on with 5 Professor Harrington? 6 A. I wanted to work generally in the area of water 7 quality modeling. 8 Q. Professor Harrington was a water quality 9 modeler? 10 A. That was one of the areas that he was 11 interested in. 12 Q. When did you start your doctoral work at 13 Harvard? 14 A. I believe it was 1973 or 1974. 15 Q. Was it immediately after leaving Berkeley? 16 A. No. 17 Q. What did you do in between the time of your 18 studies at Berkeley and starting your studies 19 at Harvard? 20 A. I worked in a consulting firm in the Cambridge 21 area. 22 Q. And that consulting firm is what? 23 A. Process Research. 24 Q. What did you do there? DEPOSITION OF WILLIAM W. WALKER, JR. 369 1 A. I worked on problems -- projects involving 2 water quality in the Charles River and 3 elsewhere in the Boston area. I worked on lake 4 restoration problems in the Boston area. And I 5 worked on some -- I worked on a project having 6 to do with soil treatments, soil amendments 7 applied for agricultural purposes. 8 Q. Other than that project, have you been involved 9 in any other projects that were directly 10 related to agriculture? 11 A. In my entire career? 12 Q. In your entire career. 13 A. When I was employed by a firm called Meta 14 Systems, M-E-T-A, in Cambridge, Massachusetts, 15 between 1975 and 1980, I worked on a project 16 that was conducted for the US Environmental 17 Protection Agency having to do with the water 18 quality and economic impacts of agricultural 19 nonpoint source pollution. 20 Q. Is that the project that has the number 14 by 21 it on the second page of Exhibit 2? 22 A. Correct. 23 Q. Any other projects directly related to 24 agriculture? DEPOSITION OF WILLIAM W. WALKER, JR. 370 1 MR. HARRISON: Counsel, just for my 2 clarification, you referenced Item 14 on 3 page 2? Am I missing -- 4 THE WITNESS: It's the other one. 5 That's Exhibit 2, Rick. She is referring to 6 Exhibit 2. 7 MR. HARRISON: Oh, I'm sorry. Okay. 8 I'm with you. 9 A. In the list of projects contained in Exhibit 2, 10 there are examples of river basins, rivers, 11 lakes or reservoirs or regional studies that I 12 have done that involve water quality problems 13 in a particular water body as related to 14 conditions in a particular watershed or set of 15 watersheds, and in several instances 16 agriculture is a factor; agriculture is one of 17 the land uses and one of the contributing 18 factors to water quality conditions. 19 Q. Can you, please, point me to one project that 20 exemplifies these types of basin-wide or 21 regional projects that you're referring to 22 here? 23 A. Project No. 18, which is the West River 24 watershed water supply study, this involved DEPOSITION OF WILLIAM W. WALKER, JR. 371 1 looking at a watershed operated or owned by the 2 New Haven Water Company that contained a 3 mixture of land uses, including agriculture as 4 well as residential and forested areas. 5 The lake -- the next project, No. 19, 6 Lake Quinsigamond nationwide urban runoff 7 program, although the focus of that particular 8 study was on urban land uses, there were 9 segments of the watershed that were in 10 agricultural land use. 11 Project No. 20, the Lower Winooski River 12 wasteload allocation study, although that study 13 focused on point sources in the -- point source 14 impacts in the Winooski River in Vermont -- 15 MR. HARRISON: Dr. Walker, if I'm not 16 mistaken, the question was point to one that 17 exemplifies -- 18 Q. Why don't we finish your third example just 19 so -- 20 A. I'm finished. 21 Q. Okay. In those three instances what kind of 22 agriculture was being conducted in the study 23 areas? 24 MR. HARRISON: In all three, Counsel? DEPOSITION OF WILLIAM W. WALKER, JR. 372 1 MS. AHEARN: In each of the three. If 2 they're all the same, then -- 3 A. I don't recall exactly what type of 4 agriculture. There would have been possibly -- 5 I don't really recall. 6 Q. Did any of them involve sugar cane? 7 A. No. 8 Q. Do you recall on what kinds of soils these 9 agricultural practices were conducted? 10 A. Ranging -- a wide range of soil types, from 11 organic soils to sandy soils to clay soils. 12 Q. Were any of them conducted on organic soils 13 comparable to the soils of South Florida? 14 A. Not to my knowledge. 15 Q. Was any of this agriculture conducted in a 16 climate comparable to the climate of South 17 Florida? 18 A. No. 19 Q. Have you worked on projects involving 20 agriculture on soils comparable to those in 21 South Florida? 22 MR. HARRISON: I object. Foundation. 23 A. South Florida contains a wide range of soil 24 types, including sandy as well as peat soils. DEPOSITION OF WILLIAM W. WALKER, JR. 373 1 Some of these agricultural projects would also 2 have involved sandy soils. 3 Q. Are you familiar with the soil types in the 4 Everglades Agricultural Area? 5 MR. HARRISON: Objection to form, 6 definition of the word "familiar." 7 A. Generally I'm familiar with the soils found in 8 the Everglades Agricultural Area. 9 Q. And what kinds of soils are those? 10 A. Those are peat soils in general. 11 Q. Have you been involved in projects concerning 12 agriculture conducted on peat soils comparable 13 to the soils of the EAA? 14 A. No, I have not. 15 Q. Have you been involved in any projects 16 concerning agriculture conducted in a climate 17 comparable to the climate of the EAA? 18 A. I have been involved in projects involving 19 agriculture that are in areas further south and 20 outside of New England in the Washington, DC, 21 area, in the Baltimore area. But I have not 22 been involved in areas in agricultural projects 23 within the South Florida Everglades 24 Agricultural Area. DEPOSITION OF WILLIAM W. WALKER, JR. 374 1 Q. Just so I'm clear, are there any projects you 2 have been involved in that concerned 3 agriculture in a climate which you would 4 consider comparable to the climate of the EAA? 5 A. My work has encompassed areas and projects 6 involving agriculture in southern climates but 7 none that are identical to the EAA regime. 8 Q. Any that are comparable in your mind to EAA's 9 regime? 10 A. What do you mean by "comparable"? 11 Q. Comparable such that you would feel comfortable 12 taking your experience in these other areas 13 where you have done work and applying that 14 experience in the setting of South Florida. 15 MR. HARRISON: I object to form. 16 Comfort in what realm? I don't understand. 17 A. The type of analysis that I do and the type of 18 expertise that I bring to these water quality 19 problems in terms of statistical analysis and 20 interpretation of data is not a regional 21 phenomenon. 22 Q. So you're saying that applying your expertise 23 in South Florida is not impacted by the degree 24 of experience you have had in looking at the DEPOSITION OF WILLIAM W. WALKER, JR. 375 1 agriculture and the ecology of South Florida? 2 A. I'm saying that conducting an analysis of a 3 data set for trend collected at a particular 4 location, whether it's in South Florida or 5 whether it's in Northern Minnesota, the 6 procedures and the conduct of that study trend 7 analysis is not something that is regional. 8 Q. Is the conduct of that study identical in 9 Minnesota and in South Florida? 10 A. The procedure of conducting a statistical 11 analysis for trends would be identical. 12 Q. So the things that you do, you do it the same 13 way whether it's a Minnesota setting or a South 14 Florida setting? 15 MR. HARRISON: Objection to things he 16 has done thus far. You stated the things that 17 he does generally. I don't think that's been 18 defined. 19 A. When I perform a trend analysis, a statistical 20 analysis of a set of data, I would not use 21 procedures that would be tailored to South 22 Florida. 23 Q. In other words, you would use procedures that 24 could be used in Minnesota just as readily as DEPOSITION OF WILLIAM W. WALKER, JR. 376 1 in South Florida, correct? 2 A. Correct. 3 Q. Let's go back to Harvard. Did you have course 4 work as part of your Ph.D program at Harvard? 5 A. Yes. 6 Q. Can you tell us the courses that you took? 7 MR. HARRISON: All the courses, Counsel, 8 or any particular field? 9 Q. How many courses did you take at Harvard? 10 A. I don't recall how many courses I took at 11 Harvard. 12 Q. Can you tell us those that are of relevance to 13 water quality issues? 14 MR. HARRISON: I object to form. The 15 relevance should be defined either by yourself, 16 Counsel, or by the witness so that the record 17 is clear as to what is meant. 18 Q. Dr. Walker, how about course work which you 19 deemed to be scientifically relevant to water 20 quality issues? 21 A. There were two advanced courses in statistics 22 and hydrology and operations research that were 23 given in the environmental engineering program 24 that I took. There was a course on sanitary DEPOSITION OF WILLIAM W. WALKER, JR. 377 1 engineering case studies and data analysis that 2 I took. And there was a course given in the 3 Statistics Department on exploratory data 4 analysis that I believe I audited or I took for 5 credit. I don't recall. I can't recall any 6 other courses. I might have taken additional 7 ones. 8 Q. Did you take any courses in biology? 9 A. No. 10 Q. Any courses in ecology? 11 A. No. 12 Q. Any courses in public management? 13 A. The core courses given in the Environmental 14 Engineering Department on operations research I 15 believe got into aspects of the decision theory 16 that would be relevant to decision making in a 17 public context. I did not take any explicit 18 courses in public management. 19 Q. Any courses in law? 20 A. No. 21 Q. Was Professor Harrington your supervising 22 professor in your -- 23 A. Yes. 24 Q. In working on your Ph.D thesis, did you develop DEPOSITION OF WILLIAM W. WALKER, JR. 378 1 new analytical methods to be applied to lake 2 water quality problems? 3 A. What do you mean by "new"? 4 Q. As opposed to preexisting methods. 5 A. Well, a prerequisite of a Ph.D thesis is that 6 it is an original piece of work, and there were 7 some original ideas developed in the thesis. 8 Q. So in the title when you talk about some 9 analytical methods, some of those methods are 10 new ones which you had created? 11 A. They are ones that I had taken from the 12 literature and adapted or modified somehow to 13 address a certain problem -- 14 Q. Any method -- 15 A. -- or topic. 16 Q. Excuse me. Any method which would have been 17 entirely a new creation of yours? 18 A. There were models that were essentially 19 equations and relationships that were new 20 creations of mine, and there was also -- there 21 was computer software that incorporated some 22 ideas that were my own. 23 Q. Have you used that new model subsequently in 24 projects that you have been involved in? DEPOSITION OF WILLIAM W. WALKER, JR. 379 1 A. I've used some of the concepts and some of the 2 approaches that I developed in my Ph.D thesis, 3 but I have not used the models themselves. 4 Q. How about the computer software? Have you used 5 that subsequently in projects? 6 A. A portion of the computer software I have used 7 subsequently. 8 Q. Would that computer software be of any use in 9 addressing the issues in the South Florida 10 litigation? 11 A. Potentially. 12 Q. Have you considered using it in this matter? 13 A. Not up to this point. 14 Q. Have you produced this software in connection 15 with this deposition? 16 A. No. 17 Q. Does this software have a name? 18 A. No. 19 Q. Can I call it the "Walker software" for short? 20 A. Call it what you wish. 21 Q. Of what potential use would this software be in 22 looking at the issues in the South Florida 23 litigation? 24 A. It could be useful for empirically estimating DEPOSITION OF WILLIAM W. WALKER, JR. 380 1 parameters in water quality models. 2 Q. Is this something you might use in modeling 3 inputs and outputs to the Water Conservation 4 Areas? 5 MR. HARRISON: I object to form. You 6 mean him personally now, not generically, that 7 a person might use? You mean Dr. Walker might 8 use? 9 MS. AHEARN: How about someone who is as 10 capable as Dr. Walker -- 11 MR. HARRISON: As long as we know which 12 you're talking about, I think it's relevant to 13 what's coming. 14 Q. I recognize I can't use it, Dr. Walker. 15 MR. HARRISON: No, I realize that. But 16 whether you're asking whether Dr. Walker 17 himself intends to use that for purposes of 18 this litigation or whether there is something 19 that someone else such as one of your experts 20 could potentially use. 21 MS. AHEARN: I'm asking him about 22 potential appropriate uses by a scientist. 23 MR. HARRISON: Okay. And not 24 specifically whether he intends to use it. DEPOSITION OF WILLIAM W. WALKER, JR. 381 1 That's what I wanted to establish. 2 MS. AHEARN: He told me he hadn't really 3 considered that yet. So -- 4 A. A scientist might use this software or similar 5 software and apply it to the South Florida 6 problem. 7 Q. Is this software generally available? 8 A. The software that I authored personally? 9 Q. Yes. 10 A. No. 11 Q. So if we would like to see a copy, I'll have to 12 request the Department of Justice attorneys to 13 acquire it from you? 14 A. You could ask. 15 Q. Is there any other way I can get it? There's 16 no catalog I can go to, correct? If I want a 17 copy of the software, you will have to provide 18 a copy; is that correct? 19 A. I'm not absolutely sure that I can provide you 20 with a copy of it. 21 Q. Why do you think you might not be able to 22 provide a copy? 23 A. Because I'm not sure if I -- I'm not sure that 24 I have a copy of it in a transferable form. DEPOSITION OF WILLIAM W. WALKER, JR. 382 1 Q. You do have a copy in some form, correct? 2 A. I'm not even sure of that. 3 Q. You're not sure you have your software any 4 longer? 5 A. I have a tape that was created as part of my 6 thesis work, and my -- my uncertainty revolves 7 around whether that tape is still readable and 8 accessible because it is a fairly old computer 9 tape. 10 MS. AHEARN: The District will reserve 11 the right to request his computer tape. I'm 12 not going to sit here right now and just assume 13 I need it, but I will reserve the right to 14 request the tape, recognizing the caveat that 15 Dr. Walker can't currently attest to its 16 condition or readability. 17 MR. HARRISON: Unless you're willing to 18 give us grounds as to why you think it was -- 19 it could be sitting in his office right now, 20 and I see no grounds under the court order as 21 to why the United States would be obligated to 22 provide it under the scope of expert witness 23 documents production. If you believe you are 24 and you wish to articulate it, I will have DEPOSITION OF WILLIAM W. WALKER, JR. 383 1 Dr. Walker look for it. I fail to see why the 2 United States would be obligated to produce it. 3 Q. Dr. Walker, you talked about using the concepts 4 and approaches in the model you developed in 5 conjunction with your doctoral work in other 6 projects, correct? 7 A. Correct. 8 Q. And those concepts and methods are reflected in 9 the computer software which you also created as 10 part of your thesis work? 11 A. Partially, yes. 12 Q. And you carry these concepts around in your 13 mind; I'm sure you build on them as you acquire 14 greater expertise and understanding of the 15 water quality issues that you investigate in 16 the model? 17 A. Yes. 18 Q. Am I correct, is this a cumulative expertise 19 which you now are bringing to bear on the water 20 quality issues in South Florida? 21 A. That's what I bring to any project that I work 22 on, that's correct. 23 MR. HARRISON: Counsellor, he also 24 brings the knowledge he learned from the First DEPOSITION OF WILLIAM W. WALKER, JR. 384 1 Grade Reader, Dick and Mary's primer. That 2 doesn't mean that it's relevant to this 3 particular job assignment nor the opinions or 4 conclusions that Dr. Walker -- 5 MS. AHEARN: You're right. First grade 6 primers aren't relevant, but modeling water 7 quality effects are. Thank you. 8 (Off the record) 9 Q. Have you referred to this software in any of 10 your publications or documents? 11 A. Pertaining to the South Florida case? 12 Q. No. In any publication have you explicitly 13 referred to the software? 14 A. I referred to it in my Ph.D thesis. I may have 15 referred to the technique in some of my 16 publications, but I don't think that I have 17 referred to the specific program that was 18 created in my thesis elsewhere. 19 Q. But the techniques are incorporated in that 20 software? 21 A. Correct. 22 Q. Have you published your doctoral thesis in 23 whole or in part in any refereed journals? 24 A. It was 740 pages long. It's not published -- DEPOSITION OF WILLIAM W. WALKER, JR. 385 1 it's available through university microfilms 2 but has not been published in journals, no. 3 Q. Have you submitted your thesis in whole or in 4 part for publication in any refereed journals? 5 A. Portions of the ideas that are contained in my 6 Ph.D thesis are contained in subsequent 7 publications that have been published in 8 refereed journals. 9 Q. Those subsequent publications would incorporate 10 ideas or parts of your thesis but other text -- 11 A. Right. 12 Q. On how many occasions have you submitted 13 materials for publication in refereed journals? 14 A. I don't recall. 15 Q. Can you give me a rough approximation? 16 A. Perhaps 10 to 20 occasions. 17 Q. On how many occasions have the materials you 18 have submitted not subsequently been published 19 by the journal to whom you made the submission? 20 A. None to my recollection. 21 Q. Would every instance when you have been 22 published in a refereed journal appear in the 23 publication list appended to your resume? 24 A. I believe so. DEPOSITION OF WILLIAM W. WALKER, JR. 386 1 Q. Under professional affiliations on the front 2 page of Exhibit 1 you note the editorial board 3 of the North American Lake Management Society? 4 A. Correct. 5 Q. When were you on that editorial board? 6 A. I believe it was -- I don't recall the dates. 7 It was a couple of years ago, '88, '89. I'm 8 still active in reviewing articles for that 9 society, although the structure of the 10 editorial process has changed. They no longer 11 have a formal editorial board. I am still 12 active in reviewing articles for that society. 13 Q. Were you on the editorial board for a 14 particular publication? 15 A. For the Lake and Reservoir Management Journal. 16 Q. Is that a refereed journal? 17 A. Yes. 18 Q. And could you describe for me what procedures 19 the association uses in structuring that as a 20 refereed journal? 21 A. All the articles are submitted to a chief 22 editor. I believe the editor would then 23 delegate one of his associate editors to track 24 a particular article. The associate editor DEPOSITION OF WILLIAM W. WALKER, JR. 387 1 would distribute copies of that article to 2 perhaps three -- I don't recall -- I don't know 3 for sure the exact number -- of professional 4 people in the field who that associate editor 5 felt was or were qualified to review that 6 article. 7 The review would be conducted by those 8 reviewers. Comments would be compiled by the 9 associate editor, and decisions would be made 10 regarding possible rejection of the manuscript, 11 resubmission of the manuscript in revised form, 12 or acceptance of the manuscript depending upon 13 the quality of the article in the opinion of 14 the reviewers. 15 Q. And you are still a reviewer, correct? 16 A. Yes. 17 Q. Is this a blind review process where the author 18 is not informed of the identity of the 19 reviewers? 20 A. Yes. 21 Q. What group or entity publishes Water Resources 22 Journal? 23 A. Excuse me? Which journal? 24 Q. Water Resources Bulletin. DEPOSITION OF WILLIAM W. WALKER, JR. 388 1 A. That's published by the American Water 2 Resources Association. 3 Q. You are currently a member of that association? 4 A. That's correct. 5 Q. For how long have you been a member? 6 A. I don't recall. Ten or fifteen years perhaps. 7 Q. Now, am I correct, you have submitted the 8 document that we have marked as Exhibit 12 to 9 your deposition for publication in the Water 10 Resources Bulletin? 11 A. That's correct. 12 Q. Did the Department of Justice attorneys tell 13 you to make that submission? 14 MR. HARRISON: Objection. Attorney/ 15 client if the Department of Justice attorneys 16 I'm not saying did or didn't but would go into 17 attorney/client relations. Our only relation 18 with Dr. Walker has been as a result of this 19 litigation, Counsel. 20 MS. AHEARN: You're telling me that 21 submitting materials for external publication 22 in refereed journals is an attorney/client -- 23 MR. HARRISON: It's certainly no less an 24 attorney/client than submitting peer review of DEPOSITION OF WILLIAM W. WALKER, JR. 389 1 Dr. Black's science, of Nancy Urban's work to 2 Jerry Jackson. 3 Q. Dr. Walker, who came up with the idea of 4 submitting this draft to Water Resources 5 Bulletin? 6 MR. HARRISON: Objection. Attorney/ 7 client privilege. Don't answer the question. 8 Q. Who came up with the idea? 9 MR. HARRISON: Counsel, you can try to 10 back into it if you wish, but it's still 11 attorney/client. Who came up with the idea of 12 reviewing Dr. Nancy Urban's work? We have been 13 shut out of that area. 14 I think that if in fact the Department 15 of Justice did or did not suggest this would be 16 a matter of attorney/client just as much as 17 what you're holding back. 18 Q. Dr. Walker, did you independently come up with 19 the idea of submitting this draft Exhibit 12 to 20 Water Resources Bulletin? 21 MR. HARRISON: You may answer that 22 question. 23 A. Yes. 24 Q. Did you clear that decision with the Department DEPOSITION OF WILLIAM W. WALKER, JR. 390 1 of Justice before you submitted the article? 2 MR. HARRISON: Objection. Attorney/ 3 client privilege. Beyond the scope of anything 4 potentially relevant to this case, as well. 5 Q. Why did you submit the article to Water 6 Resources Bulletin? 7 MR. HARRISON: You may answer, Doctor, 8 if it doesn't get into any mental impressions 9 of the attorneys regarding litigation in this 10 case. 11 A. Because it was a piece of work that I felt 12 ought to be shared with the scientific 13 community. 14 Q. And is that the only reason you submitted it to 15 Water Resources Bulletin? 16 MR. HARRISON: Asked and answered. 17 A. Yes. 18 Q. Is Water Resources Bulletin a refereed journal 19 in the same sense that the Lake and Reservoir 20 Management Journal is refereed? 21 A. It's a refereed journal. I'm not sure of the 22 precise procedures that they use, but it is a 23 refereed journal. 24 Q. So you don't know if they use the blind review DEPOSITION OF WILLIAM W. WALKER, JR. 391 1 process that you described for me with regard 2 to Lake and Reservoir Management? 3 A. It is a blind review process. 4 Q. Do you know the current status of your draft 5 Exhibit 12 as submitted to AWRA? 6 A. It's under review. 7 Q. How many reviewers? 8 A. I do not know. 9 Q. And you do not know their identities, also? 10 A. I do not know. 11 Q. Do you know how long the review process will 12 take? 13 A. In my experience, the review process could vary 14 anywhere from three months to a year. 15 Q. If it takes three months, then it should be 16 concluded approximately now, three months after 17 the time it was submitted? 18 A. That would be highly unusual. At the inside, 19 that would be the shortest amount of time. 20 Q. Do you have an expectation as to how long the 21 review process of Exhibit 12 will take? 22 A. I really can't speculate. I told you that it 23 could take anywhere from three months to a 24 year, and I have no idea. DEPOSITION OF WILLIAM W. WALKER, JR. 392 1 Q. Do you anticipate that it will be accepted for 2 publication as it currently stands? 3 A. I have no anticipation about what the reviewers 4 will or will not ask me to do in terms of 5 modifying it or whether it will be accepted. 6 Q. Or rejected? 7 A. Or rejected. 8 Q. I apologize. I have not yet had an opportunity 9 to carefully compare your Exhibit 12 with your 10 final report, Exhibit 17. Can you tell me, are 11 the two documents significantly different? 12 MR. HARRISON: Object to form. The 13 documents speak for themselves. And there's no 14 way to know what you mean by the word 15 "significant." 16 MS. AHEARN: Right. But I'd like to 17 avoid having to go through them page by page 18 with Dr. Walker right here if he can give me 19 some guidance on whether the documents are 20 basically similar or are different. 21 MR. HARRISON: I would, too, Counsel. 22 But, I mean, I think that it's up to you to 23 review them. If you want him to go through 24 them page by page, that's certainly up to you. DEPOSITION OF WILLIAM W. WALKER, JR. 393 1 But I'm not going to let him answer a question 2 I think is improper under the law -- 3 MS. AHEARN: Improper -- 4 MR. HARRISON: -- the form of that 5 question, unless you're willing to define 6 "significant" and in what areas of 7 differences. A question like that is 8 unintelligible and provides no useful 9 information. 10 Q. Dr. Walker, in your estimation are Exhibit 12 11 and Exhibit 17 significantly different? 12 MR. HARRISON: I object to form. 13 A. I did not perform any additional statistical 14 analyses in preparing this Exhibit 12 beyond 15 what I performed for preparing Exhibit 17. 16 Q. Are there significant differences in the text? 17 MR. HARRISON: I object to form. 18 A. What do you mean by "significant"? 19 Q. Differences that you deem to be significant. 20 A. Significant in what regard? 21 Q. In regard to reflecting a significant change. 22 You had one document, correct? And now you 23 have a second document, Exhibit 12. Are there 24 things that are different between the two DEPOSITION OF WILLIAM W. WALKER, JR. 394 1 versions that you would identify as being 2 significantly different? 3 MR. HARRISON: I object to form. 4 A. I still don't understand what you mean by 5 "significant." 6 Q. Are there changes in Exhibit 12 other than just 7 rewording, rephrasing, semantic changes? 8 A. Yes. 9 Q. Are there new concepts raised in Exhibit 12? 10 MR. HARRISON: I object to form. 11 A. I stated before that there were no additional 12 statistical analyses that were conducted to 13 prepare Exhibit 12 as compared with Exhibit 17. 14 Q. Okay. I'll put it on my list of things to 15 read. 16 MS. AHEARN: Why don't we take a ten- 17 minute break. 18 MR. HARRISON: Okay. 19 (Short recess) 20 21 BY MS. AHEARN: 22 Q. Dr. Walker, one last question about Exhibit 12 23 versus Exhibit 17. 24 Is there anything you dropped from DEPOSITION OF WILLIAM W. WALKER, JR. 395 1 Exhibit 17, did not include in Exhibit 12, 2 before submitting this for peer review? 3 MR. HARRISON: Just so I'm clear, 4 Counsel, something that would be in 17 that's 5 not in 12 or vice versa? 6 Q. Is there anything in Exhibit 17 which you did 7 not include in Exhibit 12? 8 MR. HARRISON: Object to form. 9 A. I'm sorry. I just sat down. If you would 10 repeat that question one more time, I think I 11 can answer it. 12 Q. Is there anything in Exhibit 17 which you did 13 not include in Exhibit 12? 14 A. Yes. 15 Q. What is that? 16 A. In the interests of trying to conform to the 17 journal's page requirements, I believe I 18 dropped the section on nutrient transport. 19 Q. And your sole reason was a page limitation 20 established by the Water Resources Bulletin? 21 A. Yes. 22 Q. So you don't think that dropping the discussion 23 of nutrient transport impacts the scientific 24 weight of the remainder of the paper? DEPOSITION OF WILLIAM W. WALKER, JR. 396 1 MR. HARRISON: Object to form. 2 A. If it were not for the page limitation, I would 3 have included the entire report. 4 Q. Is the nutrient transport portion as important 5 as the other parts of the report? 6 MR. HARRISON: Object to form. 7 A. I think it's equally as important from the 8 point of view of Exhibit No. 17, yes. 9 Q. Did you ask for any guidance on what portions 10 of your Exhibit 17 you should drop? 11 MR. HARRISON: Object to form. Guidance 12 from whom? 13 MS. AHEARN: Did he ask for guidance 14 first? And then I'll ask him from whom. 15 A. I did not ask anyone for guidance regarding 16 which section to drop. 17 Q. How did you decide it would be the nutrient 18 transport section that would be dropped? 19 A. Well, in the interests of shortening the 20 article and in reading Exhibit No. 17, I felt 21 that the section on nutrient transport was the 22 one that was easiest to remove from the report 23 without compromising the cohesiveness of the 24 entire paper. DEPOSITION OF WILLIAM W. WALKER, JR. 397 1 Q. So it was an editorial decision? 2 A. I gave you my reasons. 3 Q. Do those reasons constitute editorial 4 decisions? 5 MR. HARRISON: Objection. Asked and 6 answered. It doesn't have to be in your words, 7 Counsel. 8 Q. I'm not sure I understand your answer. Is it 9 editing or is it something else? 10 MR. HARRISON: Objection. Asked and 11 answered. 12 Q. Is it a scientific decision as opposed to an 13 editorial decision? 14 A. I gave you my answer. You can characterize it 15 however you wish. 16 Q. The nutrient transport analysis, was that 17 within your original format for conducting the 18 analysis of water quality inflows into the 19 Park? 20 A. Yes. 21 Q. Is that something you intended to do from the 22 very beginning of that project? 23 A. Yes. 24 Q. Do you have any teaching experience? DEPOSITION OF WILLIAM W. WALKER, JR. 398 1 A. When I was at MIT in conjunction with the work 2 that I did on my Master's thesis, I taught a 3 seminar, a small seminar. 4 Q. And what was that seminar on? 5 A. It was on essentially water quality in the 6 Charles River, water quality issues. 7 Q. You taught what level of students? 8 A. Undergraduate students. 9 Q. How many? 10 A. Oh, perhaps four, five. 11 Q. Was this basically a seminar that reviewed the 12 work you were doing on your Master's thesis? 13 A. Well, I discussed with them some of the ongoing 14 work that I was doing for my Master's thesis, 15 plus each student had his or her own project. 16 Q. I see. And you were an adviser on their 17 projects? 18 A. Correct. 19 Q. I'm sorry. I need to back you up to Exhibit 12 20 one more time. Could you turn to page 7? 21 There's a reference at the end of the 22 middle paragraph there to Walker 1990. 23 A. Correct. 24 Q. To what does that refer? DEPOSITION OF WILLIAM W. WALKER, JR. 399 1 A. It would have -- it would refer to the report 2 which I submitted to the Justice Department -- 3 in other words, Exhibit No. 17. 4 Q. Is it just an accidental omission that that's 5 not found in the reference? 6 A. That appears to be the case. This is the first 7 time I've noticed it. It's omitted from the 8 list of references in Exhibit 12. 9 Q. Have you received any request from AWRA to 10 identify or provide a copy of Walker 1990? 11 A. No. 12 Q. Are you acquainted with a David Moon? 13 A. No. 14 Q. Prior to commencing work on the South Florida 15 litigation, had you done any previous work for 16 the Department of Justice? 17 A. No. 18 Q. Were you acquainted with Steve Herman, Geoff 19 Garver or the other Department of Justice 20 attorneys you have been dealing with on the 21 South Florida case? 22 A. No. 23 Q. Prior to beginning work on the South Florida 24 case, were you acquainted with any personnel at DEPOSITION OF WILLIAM W. WALKER, JR. 400 1 Everglades National Park? 2 A. No. 3 Q. Personnel at the Loxahatchee Refuge? 4 A. No. 5 Q. Personnel at the South Florida Water Management 6 District? 7 A. Yes. 8 Q. Who at the South Florida Water Management 9 District were you acquainted with? 10 A. David Soballe. I believe I've met Fred Davis. 11 I believe I had had correspondence with a 12 Forrest Dierberg. I don't know if I have that 13 name correct. That's all that I recall. 14 Q. And how are you acquainted with Dave Soballe? 15 A. We attended a workshop given by the National 16 Science Foundation in the spring of 1989 in 17 Tennessee or -- Tennessee or Kentucky on the 18 subject of reservoir limnology. I met him on 19 that occasion. 20 Q. Were you working for the Department of Justice 21 at that time? 22 A. I may have been. 23 Q. Did you discuss with Mr. Soballe the South 24 Florida litigation? DEPOSITION OF WILLIAM W. WALKER, JR. 401 1 A. I don't recall. 2 Q. Did you obtain from Mr. Soballe any information 3 which you have used or anticipate you will use 4 or rely upon in the work you do on the South 5 Florida matter? 6 A. No. 7 Q. Have you had any contact with Mr. Soballe 8 subsequent to this NSF conference or workshop? 9 A. I met him at the annual conference of the North 10 American Lake Management Society which was held 11 in November of 1990. 12 Q. On that occasion did you discuss the South 13 Florida litigation? 14 A. No. 15 Q. Did you discuss water quality issues in South 16 Florida? 17 A. No. 18 Q. To your knowledge, was Mr. Soballe aware that 19 you were a consultant to the Department of 20 Justice on the lawsuit brought against the 21 South Florida Water Management District? 22 A. I believe that he was aware that he was 23 involved with the ONRW discussions. Beyond 24 that, I don't know. DEPOSITION OF WILLIAM W. WALKER, JR. 402 1 Q. I'm sorry. Are you done with your answer? 2 A. Yes. 3 Q. Okay. How do you know Fred Davis? 4 A. I believe I met him at a conference -- again, 5 a North American Lake Management Society 6 conference that was held in either 1987 -- I 7 believe it was 1987 in Orlando. 8 Q. Any subsequent contact with Fred Davis? 9 A. No. 10 Q. You have potentially some correspondence with a 11 Forrest Dierberg. Do you recall the 12 approximate date of that? 13 A. That was approximately 1986 or 1987. 14 Q. What was the topic of that correspondence? 15 A. I believe that he wrote to me and asked for 16 copies of some of my publications. 17 Q. And you supplied those? 18 A. Yes, I did. 19 Q. Any further contact with -- 20 A. No. 21 Q. Dr. Walker, in Exhibit 1, page 3 under your 22 employment experience -- 23 A. Yes. 24 Q. -- is this accurate where it suggests that you DEPOSITION OF WILLIAM W. WALKER, JR. 403 1 commenced employment with Meta Systems in 1975 2 and continued employment with Process Research 3 through or into 1976? 4 A. That's correct. There was a period of overlap 5 when I was working for both firms while I was 6 attending graduate school. 7 Q. While you were attending graduate school, were 8 you also working full time? 9 A. No. 10 Q. How many hours per week on the average were you 11 working? 12 A. It varied from one year to another. 13 Q. From no work at all to full time, the whole 14 range? 15 A. I don't believe I was ever working full time 16 while I was in graduate school. There was a 17 period when I was working part time, and then 18 there was a period when I was full time in 19 graduate school and not working at all. 20 Q. After completing graduate school, did you 21 commence full-time work? 22 A. Not immediately. 23 Q. What did you do after graduate school? 24 A. I believe I worked as an independent consultant DEPOSITION OF WILLIAM W. WALKER, JR. 404 1 for a brief period, and then I went to work 2 full time at Meta Systems in Cambridge. 3 Q. When did your full-time employment start? 4 A. Approximately in the fall of 1978. 5 Q. Have you been working on a full-time basis 6 continually since the fall of 1978 through the 7 present time? 8 A. Working for whom? 9 Q. Just employed on what you would consider a 10 full-time basis. I recognize that you no 11 longer work for Meta Systems. But -- 12 A. I have been either employed or self-employed on 13 a full-time basis since 1978. 14 Q. The client list that is found on page 2 and the 15 top two-thirds of page 3 of Exhibit 1, are 16 these all clients with whom you have worked on 17 a self-employed basis? 18 A. These are all clients which I would either have 19 had a direct project or contract with or had 20 been working as a subconsultant in conjunction 21 with another firm doing work for these 22 particular clients. 23 Q. And that's as opposed to being an employee of a 24 firm who would have been servicing a particular DEPOSITION OF WILLIAM W. WALKER, JR. 405 1 client? 2 A. To the best of my recollection, that's correct. 3 Q. Would it be fair to characterize your 4 occupation as a professional consultant? 5 A. I'm a self-employed environmental engineer. 6 Q. And that is your business? 7 A. Correct. 8 Q. Do you operate your business through any type 9 of corporate form? 10 A. No. 11 Q. Are there any employees of your business? 12 A. Other than myself, no. 13 Q. Are there any associates who do work with or 14 for you as part of the -- 15 A. On occasion I have hired other subconsultants 16 or associates to work on particular projects. 17 Q. Have you used any associates or subconsultants 18 in any work you have performed or that you 19 anticipate performing for the Department of 20 Justice? 21 A. No. 22 Q. What is an engineer in training? 23 A. That is a designation given to a person who has 24 passed the written examination for -- the first DEPOSITION OF WILLIAM W. WALKER, JR. 406 1 written examination for a professional 2 engineering license in Massachusetts. 3 Q. How many written examinations are there? 4 A. I believe there are two. 5 Q. When did you take the first exam? 6 A. It was in the early 1970s. I don't recall 7 exactly. 8 Q. Have you sat for the second exam? 9 A. No, I haven't. 10 Q. Do you anticipate doing so? 11 A. Not at this time, no. 12 Q. Must you successfully complete that second exam 13 to be a fully licensed engineer in 14 Massachusetts? 15 A. In order to receive an engineering license to 16 perform certain types of engineering, I would 17 have to pass the second examination. 18 Q. Can you remain an engineer in training 19 indefinitely? 20 A. Yes. 21 Q. Have you sat for licensing exams in any other 22 jurisdiction? 23 A. No. 24 Q. Do you intend to do so? DEPOSITION OF WILLIAM W. WALKER, JR. 407 1 A. Not at this time. 2 Q. The course work you did at Harvard, was that 3 graded? 4 A. I don't recall. 5 Q. So you wouldn't recall your GPA? 6 A. No, I wouldn't. 7 Q. Do you know if there was a class rank that you 8 obtained at Harvard? 9 A. I doubt seriously whether there was any 10 ranking, but there may have been. 11 Q. Was there any type of honors program in the 12 Ph.D program at Harvard? 13 A. Within the Engineering Department, I don't 14 recall any honors designation, any special 15 recognition program. 16 Q. Where is Joseph Harrington at the present time? 17 A. I believe he is on the faculty at Harvard 18 either in the Environmental Engineering 19 Department or in the School of Public Health or 20 both. 21 Q. When was your last contact with Professor 22 Harrington? 23 A. Approximately three or four years ago. 24 Q. Prior to the commencement of work in South DEPOSITION OF WILLIAM W. WALKER, JR. 408 1 Florida? 2 A. Correct. 3 Q. While you were employed at Meta Systems, were 4 you involved in any work concerning 5 agricultural best management practices? 6 A. Yes. 7 Q. Is that work reflected in entries on either 8 Exhibit 1 with your publication list or 9 Exhibit 2, your project summaries? 10 A. Yes. 11 Q. I think it would be easiest if maybe you gave 12 me the project number on -- 13 A. On which exhibit are you referring to now? 14 Q. Exhibit 2. 15 A. It would be Project No. 14. 16 Q. Did that project generate documentation for 17 EPA? 18 A. Yes. 19 Q. And can you identify -- is that documentation 20 reflected in Exhibit 1? 21 A. Yes. 22 Q. Can you identify that for me? 23 A. It would be Publication No. 28 on page 6. 24 Q. And that publication references a number which DEPOSITION OF WILLIAM W. WALKER, JR. 409 1 references an EPA contract; is that correct? 2 A. That's an EPA document number. 3 Q. Was this work by Meta Systems done pursuant to 4 a contract with EPA? 5 A. A contract between Meta Systems and EPA. 6 Q. Was all of the work provided for under that 7 contract actually completed by Meta Systems? 8 A. There may have been some subconsultants. I 9 don't recall. 10 Q. Was all of the work provided for under that 11 contract completed? 12 A. As reflected in Document No. 28, yes. 13 Q. Was there work that's not reflected in Document 14 No. 28 that was provided for under that 15 contract? 16 A. To my recollection, it was only one report that 17 was prepared for the client. 18 Q. Did the client accept that report? 19 A. Yes. 20 Q. Do you know if at this time the client still 21 accepts that report? 22 A. The report was accepted by the EPA and 23 published under their document series. I don't 24 know what other status it would have. DEPOSITION OF WILLIAM W. WALKER, JR. 410 1 Q. Was that Document 28 subjected to any type of 2 peer review? 3 A. I don't recall. It would have been subject to 4 review by the agency, by the Environmental 5 Protection Agency, but I don't recall whether 6 any other review was conducted. 7 Q. That is a rather large document, isn't it? 8 A. Relative to what? 9 Q. Is that document over ten pages? 10 A. Yes. 11 Q. Did you actually author portions or all of the 12 document? 13 A. Yes. 14 Q. Can you tell me, are you responsible for more 15 or less than half of the production of that? 16 A. Less than half. 17 Q. Can you tell me approximately what proportion 18 of that document you -- 19 A. I don't recall the number of pages that I 20 authored exactly, but it was less than half. 21 Q. Well, we I believe off the record discussed a 22 request that you bring that document tomorrow. 23 If it may help, I would like you to identify 24 the portions of the document that you authored DEPOSITION OF WILLIAM W. WALKER, JR. 411 1 or contributed to. Thank you. 2 A. Yes. 3 Q. Dr. Walker, do you have any scientific 4 documents currently in draft form which are not 5 reflected on your publication list? 6 A. What do you mean by "scientific documents"? 7 Q. Do you have any documents which relate to water 8 quality in draft -- 9 A. What do you mean by "documents"? 10 Q. Do you have any draft reports, books, 11 submissions to journals, things that you have 12 authored or are working on? 13 A. Which publication list are you referring to 14 now? 15 Q. The publication list that's found within 16 Exhibit 1. 17 A. Well, Exhibit 1 is a copy of my publication 18 list which was created in 1989, and this 19 morning I supplied a more recent version of my 20 publication list that contains additional 21 reports. 22 Q. Do you have any materials currently in draft 23 which do not appear on the publication list 24 which you brought this morning? DEPOSITION OF WILLIAM W. WALKER, JR. 412 1 A. I would need to review that list. 2 Q. We'll do that after we have an opportunity to 3 provide copies to everyone. 4 On how many occasions have you worked 5 with or for Environ on a project? 6 A. Approximately five. 7 Q. You're not sure it's exactly five; there may be 8 more? 9 A. Possibly. Five or six. 10 Q. To the best of your knowledge, are all prior 11 occasions where you've worked with or for 12 Environ reflected in your project summaries, 13 Exhibit 2? 14 A. Yes. The only project that is not reflected in 15 this version of my project summaries is the 16 current project involving South Florida, to my 17 knowledge. 18 Q. Your publications and projects make references 19 to the Cross Florida Barge Canal. Would you, 20 please, describe that project for me? 21 A. In the late 1970s Meta Systems in Cambridge was 22 hired by the Army Corps of Engineers, 23 Jacksonville district, to essentially manage 24 the environmental impact statement for the DEPOSITION OF WILLIAM W. WALKER, JR. 413 1 proposed South Florida Barge Canal. 2 Q. Was that barge canal then in existence? 3 A. I believe that portions of it were. 4 Q. What was the federal action that was the 5 subject of this environmental impact statement? 6 A. I don't recall exactly. It may have had 7 something to do with completing the project. 8 The project was not completed, and it was -- 9 the issue was what would be the environmental 10 impacts of completing the project. 11 Q. Has the canal project now been completed? 12 A. No, I believe not. 13 Q. What is the current status of the canal 14 project? 15 A. I believe that it has been abandoned. 16 Q. Has it been abandoned because of the 17 conclusions of the EIS? 18 A. I have no idea why it was abandoned. 19 Q. What work did you personally perform on the 20 Cross Florida Barge Canal project? 21 A. I analyzed water quality data from the region 22 and participated in the initial stages in 23 developing nutrient budgets and projections of 24 nutrient impacts of that canal project. DEPOSITION OF WILLIAM W. WALKER, JR. 414 1 Q. When you say "region," what do you mean? 2 A. Within the region that was relevant to the 3 Cross Florida Barge Canal project -- namely, 4 the region in North Central Florida. I believe 5 it was the Oklawaha and the Withlacouchee River 6 Basins. 7 Q. Did it involve any areas within the 8 jurisdiction of the South Florida Water 9 Management District? 10 A. I believe those are outside of the jurisdiction 11 of the District. I'm not sure. There may be 12 some overlap in the northern part. I'm not 13 sure. 14 Q. When you say you analyzed water quality data, 15 would you, please, tell me more specifically 16 what you did? 17 A. Well, I recall compiling data that were 18 collected by various agencies and examining 19 spatial -- summarizing spatial variations in 20 water quality variables at different locations 21 in the system. 22 Q. Was there significant spatial variability in 23 that data? 24 A. Yes, there was. DEPOSITION OF WILLIAM W. WALKER, JR. 415 1 Q. Did you include water quality from the Corps of 2 Engineers in this analysis? 3 A. I don't recall the source -- the specific 4 source of the water quality data. 5 Q. Did you look at total phosphorus data? 6 A. I don't recall whether there was total 7 phosphorus data included. 8 Q. Do you recall the parameters that you analyzed? 9 A. No, I do not. 10 Q. Do you recall the period of record that you 11 analyzed? 12 A. No, I do not. 13 Q. Did you use any trends analyses methods in this 14 analysis? 15 A. I don't recall. 16 Q. Did you do any field collection of water 17 quality samples? 18 A. No. 19 Q. Did you do any laboratory analyses? 20 A. No. 21 MR. HARRISON: Counsel, I have no 22 problem with your questions. I just would like 23 the record to reflect that that study was done 24 in 1975. It is 16 years old. DEPOSITION OF WILLIAM W. WALKER, JR. 416 1 Q. Now, you said you were involved in the initial 2 development of nutrient budgets and projection 3 of impacts. Why did your participation not 4 extend beyond the initial phase? 5 A. Because I was working on this project as I was 6 in graduate school, and I left the firm to 7 complete my Ph.D thesis on a full-time basis. 8 Q. Other than the Cross Florida Barge Canal 9 project and the current work for the Department 10 of Justice, have you performed other work on 11 water quality in Florida? 12 A. I have analyzed data from various locations in 13 Florida in conjunction with some of my other 14 projects. 15 Q. How many other projects would that be? 16 A. I can recall two projects when I've analyzed 17 data from Florida. 18 Q. Can you identify those projects by project 19 number on Exhibit 2, please? 20 A. Project No. 22, and it was either in Project 21 No. 44 or 45. I can't be sure. 22 Q. And what was your purpose for looking at 23 Florida water quality data in these other 24 projects? DEPOSITION OF WILLIAM W. WALKER, JR. 417 1 A. Which other projects? 2 Q. Well, you've identified two and maybe three 3 here. If your purpose was different in each 4 one, we can just approach them sequentially. 5 The first one you identified was Project 6 No. 22. 7 A. Okay. Project No. 22, that involved 8 compilation of a nationwide database on Corps 9 reservoirs, and I believe one of those 10 reservoirs was located in Florida. Also, under 11 that project -- that project also involved the 12 development and testing of empirical models for 13 predicting chlorophyll-a or algae 14 concentrations in impoundments or lakes as they 15 relate to nutrient concentrations. 16 And in testing some of the models that I 17 developed in that project for the Corps of 18 Engineers, I used a data set that was derived 19 from Florida lakes that had been compiled by 20 Dr. Daniel Canfield of the University of 21 Florida for the purpose of testing the models, 22 the particular -- the model that I described. 23 Q. Did any of that Florida water quality model 24 come from within the Water Conservation Areas DEPOSITION OF WILLIAM W. WALKER, JR. 418 1 and Everglades National Park? 2 A. I can't be sure. It was generally from lakes 3 in Florida. I don't recall specifically the 4 regional distribution. 5 Q. Okay. 6 A. In conjunction with Projects 44 or 45, I was 7 involved in developing a methodology for 8 predicting the removal of phosphorus in 9 detention ponds that are used for runoff 10 control. And as part of that project, I 11 compiled a data set from the literature that 12 described phosphorus loading and retention in 13 detention ponds from various areas of the 14 country, and I believe there were -- there was 15 at least one or two systems from Florida 16 included in that data set that I analyzed. 17 Q. Did that include a system located in Orlando? 18 A. I believe it was in the Orlando area. It was 19 in North Central Florida. 20 Q. Do you know if that's a project commonly called 21 the Iron Bridge? 22 A. It was not the Iron Bridge project, no. 23 Q. There may have been one other Florida project 24 included in this compilation? DEPOSITION OF WILLIAM W. WALKER, JR. 419 1 A. As I recall, it was one site. It was an 2 example of a wetlands -- of a detention pond in 3 a wetlands that were adjacent and that were 4 operated and monitored by the US Geological 5 Survey. 6 Q. And do you recall the location of that? 7 A. I believe it was in the Orlando area somewhere. 8 Q. Dr. Walker, in what areas do you hold yourself 9 out as an expert qualified to render expert 10 testimony? 11 MR. HARRISON: I will make an objection 12 to that. The definition of expert testimony as 13 used in your sentence is a legal definition 14 found in Rules of Evidence No. 702. I think 15 that question calls for a legal conclusion. 16 I'm going to object. 17 Q. Please answer. 18 A. I'm an environmental engineer with experience 19 and expertise in the area of water quality, 20 surface water quality in particular. 21 Q. Do you believe you are an expert in rainfall 22 quality? 23 MR. HARRISON: Same objection, Counsel. 24 Calls for a legal conclusion. Dr. Walker's DEPOSITION OF WILLIAM W. WALKER, JR. 420 1 understanding of the terminology "expert" may 2 be vastly different from that envisioned by the 3 court under the Federal Rules of Evidence. 4 A. Rainfall quality is a factor that I would 5 consider in evaluating water quality problems 6 on a site-specific basis as appropriate. 7 Q. In terms of the quality of rainfall in South 8 Florida, are there other individuals whom you 9 believe are qualified experts to whom you would 10 defer? 11 MR. HARRISON: Object to form, both on 12 the terminology "expert" and on who he would 13 defer to for what purpose. The question is 14 unclear. 15 Q. You would defer on issues of rainfall quality 16 in South Florida. 17 MR. HARRISON: Object to form. That 18 doesn't solve my problem of the question. 19 A. I would ask for the opinions of Mr. Hendry and 20 Dr. Brezonik with reference to the study that I 21 mentioned earlier that had been done by the 22 University of Florida in the late 1970s. 23 Q. Any other individuals whom you would identify 24 as in your estimation qualified experts? DEPOSITION OF WILLIAM W. WALKER, JR. 421 1 A. Not that I'm aware of. 2 Q. Do you believe that you are qualified to 3 testify as an expert before a federal court on 4 the quality of rainfall in Southern Florida? 5 MR. HARRISON: I object to the form. 6 Judge Hoeveler will decide whether or not 7 Dr. Walker meets the qualifications set out in 8 Rules 701 to 703, and I do not think that this 9 witness is qualified to render such a legal 10 conclusion. And you have couched your question 11 in terms of the legal term "expert." 12 Q. Dr. Walker, I believe I asked you for your 13 belief, and so I only asked you what believe. 14 MR. HARRISON: Same objection. 15 A. I believe that I am qualified to analyze data 16 regarding rainfall quality in South Florida and 17 to summarize those results and render an 18 opinion. 19 Q. And that opinion would be in the form of court 20 testimony? 21 A. Yes. 22 Q. Are you an expert on groundwater quality? 23 MR. HARRISON: Same objection. 24 MS. AHEARN: Mr. Harrison, I'll DEPOSITION OF WILLIAM W. WALKER, JR. 422 1 perfectly allow a standing objection to the 2 whole line of inquiry. 3 A. I have worked on projects that involve 4 groundwater issues, and groundwater is part of 5 the hydrologic cycle with which I am generally 6 familiar. My career has not focused on 7 groundwater. 8 Q. Are you an expert on interstitial water 9 quality? 10 MR. HARRISON: Same objection. 11 A. In what regard? What do you mean by 12 "interstitial"? 13 Q. Could you, please, tell me what you understand 14 the term "interstitial water" to mean? 15 A. Interstitial water would be water from within 16 some matrix. 17 Q. Water within a soil matrix in South Florida? 18 A. I've considered interstitial water in soil as a 19 factor in analyzing various water quality 20 problems in different areas of the country, but 21 I have not focused on analysis of interstitial 22 waters particularly in the South Florida area. 23 Q. So you would not consider yourself an expert on 24 interstitial water in soils in South Florida; DEPOSITION OF WILLIAM W. WALKER, JR. 423 1 is that correct? 2 MR. HARRISON: Same objection. 3 A. I may -- I would consider myself capable of 4 utilizing information on interstitial waters in 5 soils as part of understanding a problem in 6 general as it would relate to a particular 7 water body. 8 Q. In terms of addressing information on 9 interstitial water in particular, are there 10 other individuals to whom you would defer as 11 being more expert? 12 A. I can't recall specific names aside from 13 Dr. Ronald Jones. 14 Q. You would defer to Dr. Ronald Jones on that 15 particular issue, however? 16 A. I would offer -- I would want his opinion. 17 Q. Do you consider yourself an expert on 18 hydrologic modeling? 19 MR. HARRISON: Same objection. I'll 20 take your offer on a running objection any time 21 you use the term "expertise" or "expert." 22 MS. AHEARN: Okay. 23 A. Hydrologic modeling is something that I 24 routinely have been involved with in several DEPOSITION OF WILLIAM W. WALKER, JR. 424 1 projects, and I do consider myself an expert on 2 hydrologic modeling. 3 Q. And what is the basis of your expertise? 4 A. The basis of my expertise is my education and 5 my experience in the field of modeling 6 receiving waters, modeling water bodies and 7 watersheds. 8 Q. Do you base your expertise on materials you 9 have published? 10 A. I base my expertise on materials that I have 11 published and on projects that I have performed 12 and on my experience. 13 Q. Do you consider yourself an expert in analytic 14 chemistry? 15 A. I routinely work with water quality data. I am 16 not generally involved in the analyses 17 themselves, although I have some experience in 18 that area. And I have general familiarity with 19 some of the limitations and appropriate 20 procedures that are -- or procedures that are 21 appropriate in the area of water quality 22 analysis. 23 Q. Are there others to whom you would defer as 24 more expert in matters of analytic chemistry? DEPOSITION OF WILLIAM W. WALKER, JR. 425 1 MR. HARRISON: I object to form also 2 because of the "expert" and because of the 3 scope of deferring to what areas is certainly 4 not clear in this case. 5 A. There are other people who I would ask for 6 opinions regarding analytical chemistry. 7 Q. Who are those other people? 8 A. Dr. Ronald Jones, Dr. Daniel Engstrom, 9 Dr. Steven Effler. That's all I can recall. 10 Q. Do you consider yourself an expert in 11 statistics? 12 A. I consider myself an expert in statistics as 13 applied to water quality and water resource 14 problems. 15 Q. Do you consider yourself an expert in 16 statistics as applied to ecology? 17 MR. HARRISON: Object to form. 18 Extremely broad. 19 A. With reference to an ecological problem that 20 might be answered through application of 21 particular statistical methods that I am 22 familiar with, I would feel qualified to render 23 an opinion. 24 Q. We did touch upon some of your course work in DEPOSITION OF WILLIAM W. WALKER, JR. 426 1 statistics. Did you take courses in 2 theoretical statistics? 3 A. There was a great deal of theory that was 4 introduced in the course work at Harvard on the 5 theory of frequency distributions, the 6 development of frequency distributions in the 7 background. 8 Q. Are there other theoretical areas of statistics 9 other than the field of frequency 10 distributions? 11 A. There are other areas of statistics having to 12 do with particular methods, parametric or 13 nonparametric, that can be used to analyze 14 data, test hypotheses. 15 Q. In your study of theoretical statistics, have 16 you studied theoretical areas other than the 17 theory of frequency distributions? 18 A. Some of my course work has encompassed 19 probability theory. 20 Q. Is probability theory a field distinct from 21 frequency distributions? 22 A. Well, it's hard to distinguish them. 23 Q. I know. 24 A. There are some distinctions. DEPOSITION OF WILLIAM W. WALKER, JR. 427 1 Q. Are there any other fields of theory which you 2 have studied which you can distinguish from 3 frequency distributions and probability? 4 A. Not purely theoretical fields, not that I can 5 recall. 6 Q. Did you take course work in applied statistics? 7 A. Yes. 8 Q. What type of fields of applied statistics did 9 you study? 10 A. Statistics as applied to water resource 11 problems. 12 Q. Any other field of applied statistics that you 13 can identify that would be distinguishable from 14 water resource problems? 15 A. Well, the statistical methods are applicable to 16 a range of particular types of problems; but 17 the course work that I had focused on 18 application of statistical methods to water 19 resource problems, there may have been some 20 examples of using the same methods to other 21 types of problems such as agricultural or other 22 experimental problems, analysis of experimental 23 data. 24 Q. Who would you consider your peers in the field DEPOSITION OF WILLIAM W. WALKER, JR. 428 1 of statistics as applied to water quality and 2 water resource problems? 3 MR. HARRISON: Objection. You mean in 4 the whole world, in the country, in the state 5 of Florida? Counsel, I think that's a little 6 broad. 7 MS. AHEARN: People that Dr. Walker 8 considers experts. 9 A. I would consider Dr. Kenneth Reckhow of Duke 10 University; Dr. Dennis Helsel and Dr. James 11 Slack of the US Geological Survey; Dr. Robert 12 Hirsch of the US Geological Survey; Dr. Robert 13 Gaugush of the Army Corps of Engineers. 14 Q. Could you, please, spell that? 15 A. G-A-U-G-U-S-H. 16 Q. Thank you. 17 A. Dr. Dennis Lettanmaier, I believe that he is 18 from the University of Washington; Dr. Myron 19 Fiering of Harvard University. That's all I 20 can recall. 21 Q. Do you consider yourself an expert in the field 22 of surface water quality modeling? 23 A. Yes. 24 Q. Is that expertise by virtue of your education, DEPOSITION OF WILLIAM W. WALKER, JR. 429 1 experience and publications in the field? 2 A. Yes. 3 Q. Is there anything you would add to that list of 4 bases of expertise in this field, anything else 5 you would point to as qualifying you in this 6 field? 7 MR. HARRISON: Counsel, do you consider 8 training part of education, experience and 9 publications? I think the terminology is 10 certainly vague. 11 A. Would you repeat that list? 12 Q. I'm just trying to find a shortcut. 13 Dr. Walker, could you, please, delineate 14 for us the bases of your expertise in the field 15 of water quality modeling? 16 A. My expertise is based upon my education, my 17 experience and my publications and reports in 18 the field, and my ability. 19 Q. Whom do you consider your peers in the field of 20 surface water quality modeling? 21 MR. HARRISON: Objection to scope. It's 22 so broad again. 23 A. Dr. Kenneth Reckhow from Duke University, 24 Dr. Stephen Chapra. DEPOSITION OF WILLIAM W. WALKER, JR. 430 1 Q. Could you, please, spell that? 2 A. C-H-A-P-R-A, of the University of Colorado; 3 Thomas Barnwell the US Environmental Protection 4 Agency; Dr. Dominic DiToro of Manhattan 5 College. 6 MR. BURGESS: I'm sorry. Was that 7 "Natoro"? 8 MS. AHEARN: "DiToro." 9 THE WITNESS: "DiToro." 10 A. And that's all I can recall at the moment. 11 Q. Are you familiar with the work of a Dr. Carl 12 Walters? 13 A. No, I'm not. 14 MR. HARRISON: Counsel, we have been 15 going an hour and a half. Would you mind about 16 a five-minute break, a short one? 17 MS. AHEARN: Five-minute break. 18 MR. HARRISON: Okay. 19 (Short recess) 20 21 BY MS. AHEARN: 22 Q. Dr. Walker, I want to do a couple of follow-up 23 questions on areas we have covered but a couple 24 more so we maybe won't have to backtrack, and DEPOSITION OF WILLIAM W. WALKER, JR. 431 1 then we'll keep going forward. 2 Have you used Everglades National Park's 3 MASSCOMP computer in the course of the work you 4 have been doing on the South Florida matter? 5 A. No. 6 Q. Have you used the Park's ORACLE system? 7 A. I have not. 8 Q. I asked you yesterday if you were familiar with 9 the GRASS software. Does GRASS 3.0 software 10 have any meaning for you? 11 A. No. 12 Q. Did your statistics course work include the 13 study of the theory and application of linear 14 and nonlinear least squares estimation? 15 A. Yes. That would have been an area that I would 16 have studied. 17 Q. Where did you study that? 18 A. At Harvard. 19 Q. And what course or courses covered this field? 20 A. It would have been the courses on applied 21 statistics given by the Environmental 22 Engineering Department. That topic may also 23 have been covered -- strike that. The only 24 other -- my other familiarity with that comes DEPOSITION OF WILLIAM W. WALKER, JR. 432 1 out of my thesis work. Part of my thesis dealt 2 with that topic, and I explored that area on my 3 own. 4 Q. You're talking about your Ph.D thesis here? 5 A. Correct. 6 Q. Do you recall in what part of that work -- as I 7 recall, your thesis is divided into 8 approximately five parts that are denoted by 9 Roman numerals; is that correct? 10 A. Possibly. 11 Q. Do you recall in what part we would find 12 mention or application of linear and nonlinear 13 least squares estimation? 14 A. I don't recall the particular section of the 15 thesis, but it was the part of the thesis that 16 dealt with the topic of estimating parameters 17 in nonlinear dynamic systems. 18 Q. As I recall, your thesis has some sections that 19 deal more generically with models and other 20 sections that deal specifically with 21 applications on a particular lake. Is that 22 correct? 23 A. To the best of my recollection, yes. 24 Q. Will we find this discussion of linear and DEPOSITION OF WILLIAM W. WALKER, JR. 433 1 nonlinear least squares estimation in the more 2 generic discussions in the thesis? 3 A. Somewhere in the thesis, whether it's in a 4 theoretical section or whether it's in an 5 applied section, there is a discussion of 6 techniques for applying least squares methods 7 in nonlinear systems. 8 Q. Dr. Walker, what is the theory of linear and 9 nonlinear least squares estimation? 10 A. That's a very broad question. 11 Q. Is it too broad for you to answer? 12 MR. HARRISON: Counsel, I object. The 13 witness obviously thinks it's too broad. Is 14 there any way you can refine the question or 15 make it more specific or break it down? 16 A. It generally has to do with a method for 17 estimating parameters of a system -- of a model 18 using criteria that are calculated as least 19 squares, the sum of some errors -- squares of 20 some errors that represent differences between 21 predicted and measured values, for example. 22 Q. Have you employed this technique in the work 23 you have done as a private consultant on water 24 quality matters? DEPOSITION OF WILLIAM W. WALKER, JR. 434 1 A. In various cases, yes. 2 Q. Can you tell me if this is a technique you 3 employ commonly, frequently? 4 A. I employ it on occasion. 5 Q. Have you employed this technique in any work 6 you have done in connection with South Florida 7 water quality? 8 A. Yes. 9 Q. On what projects that you have done for the 10 Department of Justice have you employed least 11 squares estimation? 12 A. Exhibit No. 17 contains a section in which the 13 technique of least squares estimation was 14 applied. 15 Q. Can you tell us where in this text we'll find 16 that? 17 A. Well, for example, on page 10, Equation No. 1 18 describes the method that I used for adjusting 19 or correlating the water quality data with 20 hydrologic factors, and a least squares 21 estimation procedure was used in estimating the 22 parameters associated with that procedure. 23 Q. Which parameters were generated through use of 24 this least squares estimation? DEPOSITION OF WILLIAM W. WALKER, JR. 435 1 A. In the -- in terms of Equation No. 1, it would 2 be the Parameters A0, A1 and A2. 3 Q. Is that a step you performed using your 4 computer? 5 A. Correct. 6 Q. Did you use one of the programs we have been 7 discussing off your computer to perform this 8 function? 9 A. Yes. 10 Q. Which program was that? 11 A. I believe I testified earlier that the program 12 KTEST was used to generate the analysis in 13 Exhibit No. 17. 14 Q. I see. So this function is part of the KTEST 15 program? 16 A. Correct. 17 Q. Thank you. Any other work you've performed for 18 the Department of Justice where you've used 19 least squares estimation? 20 A. Yes. 21 Q. On how many other projects have you used this 22 technique for the Department of Justice? 23 A. I couldn't -- I can't recall exactly. 24 Q. Are we talking more than ten? DEPOSITION OF WILLIAM W. WALKER, JR. 436 1 A. Are you talking projects now? What are we -- 2 Q. Let's talk projects. I mean, we have the trend 3 analysis project as reflected in Exhibit 17, 4 correct? 5 A. Okay. 6 MR. HARRISON: Counsel, wait a minute. 7 I'm going to object because heretofore we have 8 been talking about the South Florida project on 9 this case. Now are you speaking of different 10 reports as being independent projects that have 11 been done for this case? 12 MS. AHEARN: Let me rephrase it. 13 Q. Yesterday I think we spoke in terms of tasks. 14 We maybe also talked about research projects, 15 but we talked about your analysis of inflow and 16 outflow to Water Conservation Areas, interior 17 marshes, modeling Water Conservation Areas, 18 modeling potential nutrient uptake of wetlands. 19 We commonly talked about those as tasks. 20 Can you identify other tasks in which 21 you have or you intend to employ the least 22 squares estimation technique? 23 A. I believe that least squares estimation could 24 very well be used in any of those tasks. DEPOSITION OF WILLIAM W. WALKER, JR. 437 1 Q. Then let me ask you in which tasks you have as 2 of this time used that technique. 3 A. I have used it in the trend analysis of inflows 4 to the Park as described in Exhibit No. 17. 5 I've used it in the trend analysis of marsh 6 stations in a preliminary trend analysis. I 7 have used it in the analysis or the development 8 of empirical methods for predicting phosphorus 9 uptake in wetlands. That's all I recall. 10 Q. On how many occasions in the last 15 years have 11 you collected water quality samples in the 12 field? 13 A. How many separate dates? 14 Q. If you want to give me an estimate, that would 15 be fine. 16 A. A rough estimate would be somewhere around a 17 hundred occasions. That's very approximate. 18 Q. That's fine. How about within the past five 19 years? 20 A. Forty or fifty times. 21 Q. Within the past year? 22 A. Perhaps ten times. 23 Q. Have you ever collected a water sample in the 24 Everglades? DEPOSITION OF WILLIAM W. WALKER, JR. 438 1 A. No. 2 Q. Have you ever performed a lab analysis of water 3 collected from the Everglades? 4 A. No. 5 Q. Have you ever designed a water quality sampling 6 project for the Everglades? 7 A. No. 8 Q. Do you consider yourself an expert in remote 9 sensing? 10 MR. HARRISON: Objection. Same 11 objection as before -- 12 MS. AHEARN: Noted. 13 MR. HARRISON: -- to the term "expert." 14 A. No. 15 Q. Do you feel yourself especially qualified by 16 virtue of education, training or experience in 17 the field of wetlands ecology? 18 MR. HARRISON: Same objection. 19 MS. AHEARN: Okay. Then we'll do it the 20 other way. 21 MR. HARRISON: I also object to form 22 because I'm not sure there is a unified or 23 accepted definition of wetlands ecology. 24 A. As an engineer and as a specialist in water DEPOSITION OF WILLIAM W. WALKER, JR. 439 1 quality, I have reviewed and analyzed data from 2 wetlands. I have been involved in impact 3 studies to quantify water quality impacts on 4 wetlands, and I have been involved in studies 5 of the utilization of wetlands for nutrient and 6 other water quality treatment purposes. 7 Q. Dr. Walker, how do you define wetlands ecology? 8 A. Wetlands ecology would involve study of the 9 structure and the function of biological 10 communities in wetlands. 11 Q. Given that definition, do you consider yourself 12 an expert in wetlands ecology? And let me 13 limit this to natural wetlands. 14 MR. HARRISON: Same objection. 15 A. I consider myself an expert insofar as 16 processes occurring in wetlands may influence 17 or be influenced by specific water quality 18 characteristics. 19 Q. But you don't consider yourself an expert in 20 all aspects of wetland ecology? 21 MR. HARRISON: Same objection, as well 22 as a mischaracterization. 23 A. I answered the question. 24 Q. Do you consider yourself an expert in all DEPOSITION OF WILLIAM W. WALKER, JR. 440 1 aspects of wetland ecology? 2 MR. HARRISON: Same objection, and asked 3 and answered. 4 A. I am an expert in water quality, and I'm 5 qualified in the areas of water quality as 6 influenced and -- water quality effects and 7 processes within wetlands. 8 Q. Do you consider yourself an expert with respect 9 to periphyton? 10 MR. HARRISON: Same objection. 11 Dr. Walker could certainly aid the layman in 12 understanding the matter of the technical or 13 scientific nature of periphyton, which is the 14 Rule 702 objection and is the basis of my 15 objections. If you wish to read from that rule 16 of evidence and ask it, you will at least 17 eliminate my objection. 18 A. I'm generally familiar with the role of 19 periphyton in wetlands and with their 20 interactions with water quality processes. 21 Q. Dr. Walker, do you consider yourself a soils 22 scientist? 23 A. In evaluating watersheds and in evaluating 24 water quality processes and water bodies, I DEPOSITION OF WILLIAM W. WALKER, JR. 441 1 often have to interpret and utilize data 2 describing soil characteristics since they are 3 often important driving factors. 4 Q. So, yes, you do consider yourself a soils 5 scientist? 6 MR. HARRISON: Same objection, Counsel, 7 and asked and answered. 8 A. In the process of evaluating and defining water 9 quality problems in various scenarios, I have 10 had to utilize and interpret and I feel 11 qualified to use soil -- information on soil 12 properties. 13 Q. Do you consider yourself a microbiologist? 14 A. I have a general familiarity with microbiology, 15 and I have course work in microbiology, and I 16 am familiar with microbiology as it relates to 17 water quality problems. 18 Q. Do you feel yourself qualified as an expert in 19 microbiology with regard to water quality 20 issues in South Florida? 21 MR. HARRISON: Same objection. 22 A. I am generally familiar with microbiology and 23 of the various types of processes that may 24 pertain to the water quality impacts -- impacts DEPOSITION OF WILLIAM W. WALKER, JR. 442 1 of water quality changes on microbial 2 communities. 3 Q. Do you believe that general familiarity 4 qualifies you as an expert in this field? 5 MR. HARRISON: Same objection, Counsel. 6 And it is past 5:30. 7 MS. AHEARN: I know. I'm very close to 8 done for today. 9 (Pause) 10 MR. HARRISON: The question has been 11 asked and answered, as well. 12 A. I believe I could offer an opinion on that 13 topic -- 14 Q. Thank you. 15 A. -- that would be based upon my experience and 16 my education. 17 MS. AHEARN: Okay. 18 (Off the record) 19 (Deposition adjourned at 5:33 p.m.) 20 21 22 23 24 DEPOSITION OF WILLIAM W. WALKER, JR. 443 1 Excerpt from Rule 30(e): 2 Submission to Witness; Changes; Signing. 3 When the testimony is fully transcribed, the deposition shall be submitted to the 4 witness for examination and shall be read to or by him, unless such examination and reading are 5 waived by the witness and by the parties. Any changes in form or substance which the witness 6 desires to make shall be entered upon the deposition by the officer with a statement of 7 the reasons given by the witness for making them. 8 ***************************************************** 9 I, WILLIAM W. WALKER, JR., have examined 10 the above transcript of my testimony and it is true and correct to the best of my knowledge, 11 information and belief. Any corrections are noted on the errata sheet. 12 Signed under the pains and penalties of 13 perjury this day of , 1990. 14 15 _____________________________ Deponent's Signature 16 17 Subscribed and sworn to before me this 18 day of , 1991. 19 ____________________________ 20 Notary Public 21 My Commission Expires: 22 23 _____________________________ 24 DEPOSITION OF WILLIAM W. WALKER, JR. 444 1 COMMONWEALTH OF MASSACHUSETTS) ) ss. 2 COUNTY OF PLYMOUTH ) 3 I, Linda Marie MacDonald, a Notary 4 Public within and for the Commonwealth of Massachusetts, duly commissioned, qualified and 5 authorized to administer oaths and to take and certify depositions, do hereby certify that 6 heretofore, on the date cited above, the witness personally appeared before me at the 7 above location and testified in the above-captioned case; that the said witness was 8 by me duly sworn to testify to the truth, the whole truth and nothing but the truth; that 9 thereupon and while said witness was under oath, the deposition was taken down by me in 10 machine shorthand at the time and place therein named and was reduced to typewriting 11 thereafter. 12 I further certify that the said 13 deposition constitutes a true record of the testimony given by the said witness. 14 15 I further certify that I am not interested in the event of this action. 16 17 IN WITNESS WHEREOF, I have hereunto subscribed my hand this 19th day of February, 18 1991. 19 ___________________________________ 20 Notary Public in and for the Commonwealth of Massachusetts 21 My Commission expires 22 November 29, 1996. 23 24 DEPOSITION OF WILLIAM W. WALKER, JR.