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(Deposition of James Tatum) <br />i 1 A. Under our present understanding, I <br />2 would say that would be a correct assessment, but <br />3 not at the time this lawsuit originated. We are <br />4 talking about my maintaining that the taking of the <br />5 water in Maxwell Nine was a conversion. <br />6 Q. Right. Well, use of water in Maxwell <br />7 Nine for filling a private lake, was that? <br />B A. No, I can't say that would be just <br />9 restricted to Toupal. I don't know what their <br />10 agreement was or what right Toupal had, if any, to <br />11 use that water. <br />~ 12 Q. To use the Maxwell number Nine water in <br />1 <br />13 which you don't have an interest? <br />14 A. Okay, we owned Nine and you owned <br />15 Eleven. <br />16 Q. Right. The additional cause of action <br />17 on count one says defendant, referring to Basin, <br />18 has converted and used and taken one point five CFS <br />19 of defendant's water in Maxwell number Nine and <br />20 used such water without plaintiffs' permission to <br />21 fill a private lake. <br />22 A. That is correct. <br />23 Q. Is it fair to say that claims should be <br />~ 24 against Mr. Toupal? <br />25 A. Not with me knowing what the extent and <br />MEEK & ASSOCIATES <br />3016 3rd Ave., Pueblo, Co 81008 (719) 542-1010 <br />11 <br />