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(Deposition of James Tatum) <br />1 Q. CFS is what it should be, two CFS out <br />2 of number Nine for two CFS out of number Eleven. <br />3 And it says that the water exchange is equal. <br />4 Q. So, in your mind, this is simply an <br />5 explanation or discussion of what you would not <br />6 have agreed to as opposed to some attempt to change <br />7 the terms of the June 1st, 1988, letter agreement? <br />8 A. I'm saying here that it appeared to me <br />9 that the June 1st '68, agreement could be <br />10 accomplished by an exchange of deeds between the <br />11 two parties. <br />12 Q. For two CFS water right or -- <br />13 A. Yes. And about this same time, we did <br />14 agree to the exchange of water on the remaining one <br />15 point five CFS out of number Nine for an equal <br />16 amount from the South Fork, or on the South Fork, <br />17 and we used that water. That water was released to <br />18 us on the South Fork. <br />19 Q. Somewhere in 1989, your recollection is <br />20 that you agreed to exchange the remaining one point <br />21 five CFS at the Maxwell number Nine water rights in <br />22 exchange for what? <br />23 A. water for water. <br />24 Q. One point five CFS somewhere up on the <br />25 South Fork? <br />30 <br />MEEK & ASSOCIATES <br />3016 3rd Ave., Pueblo, Co 81008 (719) 542-1010 <br />