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"" iu•.wcJLl.ilp -'Hlpt: Lib <br />Jt:'-Cl-[uJU wtu~~Ul:~~l~Nn nUNIRfVH t'UWtK Ltl;fiL ~lV hHX VU. i 9Ub 4y! 3L3~ r, U6 <br />.~ `,, <br />iota is the amount of $48,000.00. <br />Venu_'1 ti_~ on S_haR: Aa part of the discussions and of the ARraemanta in May/June <br />1988 between Tatum and Wyoming Fuel, Wyoming Fucl corisuvcted a ventilation shaft on <br />property owned by Talton. The itntnediate construction of the shaft was required for safety <br />reasons. The shaft effectively deprived Tatum of the use and benefit of approximatciy four <br />acres of his land. The fair market value of this four aeros at the time of the construction of the <br />ventilation shag was $4,000.00 per afro. The evidence presented at trial did not establish the <br />ext`stonce of a worklttg wattr well on the property. Tatum should be compensated for the loss <br />of this acreage. The damage and loss to Tatum for this deprivation is $16,000.00. The damage <br />which can he awarded herein is limited to $15,000.00, the amount disclosed in plaintiffs' <br />,4rn,ended Disclosure Statement. <br />L~~Lgy Fees: Neither parties' claim or defenses in this case appear to the Court to be <br />13roundleas, frivolous or vexatious. The trial of this case was difficult for all parties and the <br />Court because of the personal and emotional involvement of the plaintiffs prosecuting their <br />own case, and the defendants' unwillingness to aokaowledge llabiiity on any of the issues. <br />Neither parry has shown by a prepanderattec of the widoaoo an entitlement to attorney feet. <br />COIVCLUSYOIYS OF I..~W <br />1. The June 1, 1998 Agreement between Tatum and ERI It enforceable according co itn <br />terms. Owners of water rights are free to sell ar txchange their tights to the use of water. <br />Here. the parties simply agreed that each would use the others' water end, recogni2ing the <br />e1T'ect of priorities, agreed on how to handle the situation when the exchange could not be <br />accornplished becatue of shortfalls. <br />2. Owners of water rights can exchange the use of each others' water subject to the <br />fo:tttaliriea required by law which tray inciucle adjudication of Cite rights in water court. <br />3. The owner of coal mindral rights iR liable for damages caused to property by the <br />operation of Choir undorgrouttd oaal mining opvntionc. Sulfate owners are entitled to recover <br />damages caused to their homes by underground oonl mining subsidence. Here, ground <br />subsidence by the underground coal mining operation oaused suucntral movement and <br />damage to piaintltf~' rosidemce. <br />