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(Deposition of James Tatum) <br />1 instrument as drafted. That's reflected on 26, my <br />i <br />2 response to Garner saying that, "The document does <br />3 not comform to the agreement which we had been <br />4 previously dealing with, and the exchange of water <br />5 was to be permanent, is there some reason why this <br />6 cannot be done as agreed." <br />7 (The Reporter marked for identification <br />8 Deposition Exhibits 27 & 28.) <br />9 Q. Mr. Tatum, the court reporter has <br />10 handed you what has been marked as Exhibit 27 and <br />11 Exhibit 28. Exhibit 27 is a June 5, 1989, letter <br />12 from Bill Garner to you. Exhibit 28 is a June 8 <br />i <br />13 letter from you to Bill Garner. Can you take a <br />14 moment to review the first paragraph of Mr. <br />15 Garner's letter, Exhibit 27, and tell me your <br />16 understanding of the first paragraph of that <br />17 letter? <br />18 A. well, my understanding is that he is <br />19 saying that they need to go to the water court to <br />20 alter the u sage of the water that they allocated to <br />21 Maxwell Ele ven. <br />22 Q. They need to or they a lready have? <br />23 A. No, it said they will have to. If they <br />24 don't take the appropriate acreage out of <br />25 irrigation then they couldn't use the water for <br /> MEEK & ASSOCIATES <br /> 3016 3rd Ave., Pueblo, Co 81008 (719) 542-1010 <br />24 <br />