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N-22 <br />D. Severed Mineral or Surface Estates. <br /> <br />The Colorado Supreme Court adopted a “due regard” concept which requires that <br />mineral owners and surface owners each “must have due regard for the rights of the <br />other in making use of the estate in question.” Gerrity Oil & Gas Corp. v. Magness, <br />946 P.2d 913, 927 (Colo. 1997). This concept, widely accepted in Texas and other <br />mineral producing states is also known as the “accommodation doctrine.” The doctrine <br />provides that the mineral owner must give due regard to the interests of the surface <br />owner such that mineral owners must take steps to accommodate surface uses and that <br />neither the surface or mineral owner has the right to exclude the other. <br /> <br />E. Legal Right to Enter Right-of-Way and Easement Property <br /> <br />1. CC&V has the right to enter Colorado State Highway Department and Teller <br />County Road and Bridge Department Rights-of-Way via permits, and any and <br />all easements, above and below ground, belonging to or granted to Black Hills <br />Energy, CenturyLink (formerly known as Qwest Communications), and <br />Colorado Natural Gas Company. Please see Drawing C2 for location of <br />pertinent roadways, power lines, phone lines, natural gas lines, and water lines; <br />2. CC&V holds an executed, January 13th, 2016 Permit Permission Letter from El <br />Paso Lode, Inc. and El Paso Properties, Inc..