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(Deposition of James Tatum) <br />1 A. Yes. If you will read this, this asks <br />2 that we execute the waiver notice, and so on, dated <br />3 May, is it? <br />4 Q. I understand. <br />5 A. we did that on June 1st pursuant to <br />6 this agreement. <br />7 Q. okay. <br />B A. So, if this letter agreement makes it a <br />9 non oral agreement, then perhaps that's the case, <br />10 but up until these agreements were signed there had <br />11 been nothing done in writing in connection with the <br />12 exchange. <br />13 Q. Is there an oral agreement between you <br />14 and Wyoming Fuel Company that is in addition to <br />15 what is in Exhibit 24? <br />16 A. In connection with these two water <br />17 rights? <br />18 Q. Correct. <br />19 A. Not that I am aware of. <br />20 Q. What happened after that letter <br />21 agreement was signed? <br />22 A. They gave us the water in Maxwell <br />23 Eleven, which we began using, and they commenced <br />24 operations, for whatever purposes, under our land, <br />25 as far as we know. <br />MEEK & ASSOCIATES <br />3016 3rd Ave., Pueblo, Co 81008 (719) 542-1010 <br />19 <br />