- 49 -
responded favorably to nitrogen in the growth of the plants and,
in some instances, in yield of seeds, while in other locations
the growers had found no effect from applying nitrogen.
Parr agreed, however, that some of the activities performed
on Turtleback I during the period in question would be research
activities. He agreed that some of the fertilizer trials, such
as the original nutrient application program begun in the spring
of 1983, the revised nitrogen and phosphate application in mid-
1983, as well as the IAS nutrient study in 1985,17 were valid
research conducted under proper experimental procedures.
According to Parr, before any experimental activities
commenced, a number of capital improvements had to be undertaken,
including the clearing and removal of brush, the leveling and
grading of the land surface, the installing of irrigation supply
piping to and on the tract, and the installing of a concrete-
lined irrigation ditch on the tract. Other expenditures relating
to establishing the jojoba stand, such as planting the seed and
irrigating the field to cause the seed to germinate and the
plants to grow also were undertaken before any experimental
activities began. Parr concluded that only a minor portion of
the expenditures on Turtleback I related to actual research. The
17 However, Parr would disregard as irrelevant to JDP all but a
small part of the research conducted by IAS because that research
was not identified in the R & D Agreement, was not performed
using jojoba plants from Turtleback I, or was not carried out on
Turtleback I.
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