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xr-ci vu r~~:-b r-.i,x ~::'oiNLJv_ d_LL11 ~~» rl' ~119b~~d_:]~J~' 76: 38'85~t3-O ~ <br />Str-cl-!000 NtU UI~~l1 Yfl 11Uh!HhR YUWGK Lt'JflL ftVS f1J. 9UU 42lI JGiC ~6EJE~.. <br />... <br />Plaintiffs James and Ann Tatum. hereinafter "TATUM" initiated this litigation by filinb <br />their complaint against the 1efendant Hasin Resourcos, Inc., hereinafter ",BRI". Tatum asserts <br />the following claims: <br />First, that pRT breached a certain contract dated June 1.1988 (Plaintiffs Exhibit KK, <br />attached) wherein it (8RI) agreod to trade certain water rights. (Maxwell Ditch trado). <br />Second, that BRI breached a certain oral agreoment ontered into between the parties at <br />around the same tithe, to trade a second water right. (Consolidated Ditch reads). <br />Third, Tatum claims that underground mining operations conducted by the dofendants <br />have damaged thalr property, includinS the residenoe alttunativety referred to during the trial <br />as the "Erickson House", the "Tatum Residence", and "Solitatio". Tatum claims that minting <br />operations near or under their property caused substantial structural damage to the residence <br />and that the cause was subsidence restilting from mining operatives. <br />Finally, Tabun asserts that I~RI further damaged their property by installing a ventilation <br />shaft and fan as their property which bed the effect of causing a well on that portion of the <br />jroperty to dry up, and also rendering a portion of his land unusable. Talton also asserts claims <br />for punitive damages, which the Court dismissed at the end of Plaintiffs' case, and for attorney <br />fees. <br />Defendant, while acknowledging the enforceability oftho June 1, 1988 Agreement, <br />interprets the contract in a manna ditTerent rhea Tartan; thou itrtesprBtatioa preventing the <br />implementation of any agreement to exchange the uao of water tight.9. Defendant also denies <br />~ Oxlstence of any agreement to corrvey water rights on the Consolidated Ditch, denies <br />oausing any subsidence damage to plaintiSs pmperry, and disagrees with Tartan as to the <br />damages caused by use of their property !br conatructlon of a certain ventilation shaft. <br />Agreement To 13xc1~ge Water R3ehts-l~~axwel~ Ditch: In early 1988, Wyoming Fuel <br />Company experienced trr:dergrourd production problems in their mining operations involving <br />oxn:ess ges, excess water, and soft floors that severely threatened their ability to meet prod- <br />uction and mine safety requirements. In ardor to cotnmenca addressing those problems and <br />in order to avoid a lengthy delay to obtain s Permit. Wyoming Fuel Company negotiated <br />with Tatum for waiver of a certain waiting ponied required by Colorado Bruised Statutes <br />34-33-101 et.seq. Wyoming Fuel Company entered into an Agreement with Tatum to exchange <br />