Laserfiche WebLink
(Deposition of James Tatum) <br />1 1 A. Yes. <br />2 Q. That is indicative of the fact that you <br />3 were in negotiations or had some kind of contract <br />4 to acquire that property from Western Bank? <br />5 A. We were in a quasi ownership condition <br />6 that had not closed. We were under contract. <br />7 Q. Does this document accurately describe <br />8 the context in which the proposed swap of the <br />9 Maxwell water right first arose? <br />10 A. well, this document requested the right <br />11 to go on to the property to do everything they <br />12 needed to do to see about commencing operations, <br />I <br />13 and I agreed that they could do that. <br />14 Q. But it was in that context that the <br />15 negotiations for the proposed swap of the Maxwell <br />16 water rights was initiated, is that a fair <br />17 statement? <br />18 A. There was no agreement made for them to <br />19 mine under this property until we agreed on the <br />20 trade of the water rights. <br />21 Q. Your discovery response stated that the <br />22 agreement by which you were to acquire the Maxwell <br />23 number Eleven water right was an oral agreement. <br />I <br />24 Is that still your belief? <br />25 A. It was an oral agreement at that time <br />MEEK & ASSOCIATES <br />3016 3rd Ave., Pueblo, Co 81008 (719) 542-1010 <br />17 <br />