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(Deposition of James Tatum) <br />1 Meadows. In May of '85, that would have been the <br />2 earliest -- that's when we entered into the <br />3 contract to buy it, so the very earliest we would <br />4 have used any water on Store would have been, <br />5 perhaps, the summer of '85, if we closed on it or <br />6 if we got use and control of the property for the <br />7 summer of '85, and I don't have any independent <br />8 recall ab out exactly when we got it. <br />9 Q. Is it fair to say that there was only <br />10 one agree ment which, pursuant to the terms set <br />11 forth in the agreement, the parties were going to <br />12 exchange the two water rights? <br />I <br />13 <br />A. <br />That's correct. <br />14 Q. When did that issue of the swap first <br />15 arrive? <br />16 A. In 1988. <br />17 Q. Who were you dealing with at that time? <br />18 A. with Geoff Weston. <br />19 Q. In what context did the issue first <br />20 arise? <br />21 A. The first time it came up, we had not <br />22 closed on the tract we called Solitario w here the <br />23 adobe house is. It's the time the issue first came <br />24 up and that property was own by the Bank of New <br />25 Mexico. <br />15 <br />MEEK & ASSOCIATES <br />3016 3rd Ave., Pueblo, Co 81008 (719) 542-1010 <br />