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(Deposition of James Tatum) <br />1 terms of their agreement was. I don't know whether <br />2 KNE or Wyoming authorized Toupal to take that water <br />3 or not. We know that it was taken. We don't know <br />4 under whose claim of authority it was taken or <br />5 whose authorization it was taken. <br />6 Q. Do you have some evidence that you are <br />7 aware of as you sit here today that Basin Resources <br />8 or Wyoming Fuel -- Basin Resources authorized Mr. <br />9 Toupal to take water from the Maxwell number Nine <br />10 ditch, in which Basin has no interest in? <br />11 A. I don't have any written instruments or <br />12 anything of that sort that would, specifically, say <br /> <br />13 that the defendant authorized Toupal to take the <br />14 water in Maxwell Nine. <br />15 (The Reporter marked for identification <br />16 Deposition Exhibit 22.) <br />17 Q. Mr. Tatum, I will hand you what has <br />18 been mark ed as Exhibit 22. My understanding is <br />19 that it's the quit claim deed by you which you <br />20 acquired your interest in the Maxwell number Nine? <br />21 A. That is what appears to be. <br />22 Q. My only question about this document is <br />23 that you are indicated as James E. Tatum, Trustee, <br />24 and I wan ted to know what you were a trustee for? <br />25 A. well, I was the trustee for Red River <br /> MEEK & ASSOCIATES <br /> 3016 3r d Ave., Pueblo, Co 81008 (719) 542-1010 <br />12 <br />