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(Deposition o£ James Tatum) <br />1 A. That's probably right, because Weston <br />2 had left the company and for some time Garner was <br />3 professing to be getting acclimated to what <br />4 happened, and it stalled there for some period of <br />5 time. <br />6 Q. In any event, this draft that is <br />7 attached to Mr. Garner's May the 11th letter was <br />8 not acceptable to you? <br />9 A. Right. <br />10 Q. And the apparent basis for that was <br />11 that the agreement said you had been dealing <br />12 previously with this problem on a year-to-year <br />~ 13 basis, so can you explain that? <br />14 A. Number three says, "The obligation <br />15 described in the preceding paragraphs one and two <br />16 do not involve a transfer or sale of water rights <br />17 or otherwise affect title to the subject water <br />18 rights." Well, of course it did. <br />19 Q. Okay. <br />20 A. And that was unacceptable to say that <br />21 we were going to make a trade and yet we were not <br />22 getting a title to what we were receiving in trade, <br />23 plus, this agreement was limited to a one-year <br />24 period of time for the '89 irrigation season. <br />25 Those were the two objections that we had to this <br />23 <br />MEEK & ASSOCIATES <br />3016 3rd Ave., Pueblo, Co 81008 (719) 542-1010 <br />