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4. The parties agree that tl}s~owner of a mineral right may go upon and use the surface <br />.land 6verlaying the mineral righ'. , construct a ventilation shaft nee, 3 in the mineral <br />extraction operation, and that the mineral right owner muss reasonably compensate the land <br />owner-for any property taken, rendered unusable, or for surface disturbance resulting from <br />mining operatsons. Here, defendant's construction and usF of the ventilation shaft resulted in <br />surface disturbance to plaintiffs' property . <br />5. The measure of damages ordinarily applied to situations where damage is caused to <br />real property of another is the market value before and after the injury; i.e., the diminution of <br />value. <br />6. An appropriate remedy for breach of contract is to order the specific performance of <br />its terms and, if damages have resulted, to award actual damages. <br />7. Atrial court may award reasonably attorney fees if it determines that an action lacks <br />substantial justification. A claim lacks substantial justification if it is "substantially frivolous, <br />substantially groundless, or substantially vmcatious". ' <br />.1.1J~ ~~~. \~. . \ll 1 ' 1 , ~. <br />ACCORDINGLY, based upon the foregoing Findings of Fact and Conclusions of Law, <br />Judgment is entered in favor of Plaintiffs, James Tatum and Ann Tatum, and against Basin <br />Resources, Ina., as follows: . <br />1) Basin Resources, Inc, shall forthwith consult with, and cooperate with Plaintiffs, <br />3emea Tatum and Ann Tatum, to complete the orderly application and use of their exchange of <br />Maxwell Ditch water, including communication with appropriate state water officials of this . <br />judgment and order. <br />2) Judgment is entered in favor of James Tatum and Ann Tatum, end against Basin <br />Resources,~Jate, as follows: <br />a. Compensatory damages for loss of water for four irrigating seasons in the <br />amount ofTHIRTY-TWO THOUSAND DOLLARS (532,000.00). <br />b. Compensatory damages for diminution of the value of their residence as a <br />result of subsidence damage, FORTY-BIC}Nf THOUSAND DOLLARS ($48,000.00). <br />