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21. On information and belief, the soil removal activities have or will result in <br />elevated salt content, increased rock content and other adverse conditions for cultivation. These <br />soil removal activities have or will cause irreparable harm to the Plaintiffs by permanently <br />damaging the productive capacity of prime farmland. <br />22. These acts or omissions were undertaken without advance consent or approval of <br />the Morgans. <br />III. LEGAL CLAIMS <br />CLAIM ONE — BREACH OF CONTRACT <br />(Morgans v. WFC) <br />23. The allegations in paragraphs one through 22 are incorporated by reference. <br />24. The Lease is subject to all applicable provisions of the Act and implementing <br />regulations. <br />25. The Morgans have complied with all of their obligations under the Lease. <br />26. The acts and omissions of WFC described herein constitute violations of the Act <br />and applicable provisions of the Lease. <br />27. WFC is indebted to the Morgans in amounts to be determined at trial, which sums <br />include, but are not limited to, restoration damages, diminution in value as to the Premises, lost <br />income, and such other and further incidental damages as may be determined, together with <br />interest, costs, expert fees, and attorney fees to the extent provided by law. <br />CLAIM TWO — VIOLATION OF COLORADO SURFACE COAL <br />MINING RECLAMATION ACT <br />(All parties) <br />28. The allegations in paragraphs one through 27 are incorporated by reference. <br />29. WFC is an "operator" of a surface coal mine and subject to the jurisdiction, <br />permitting, and oversight of the DRMS pursuant to the Act. <br />30. The foregoing acts and omissions constitute violations of the Act, C.R.S. § 34 -33- <br />101, et seq. and implementing regulations. <br />4 <br />