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(Deposition of James Tatum) <br />1 that was the agreement -- that was ultimately <br />2 breached with the refusal of Wyoming to honor this <br />3 agreement to convey this water to us, exchange of <br />4 water, and we felt like we had given up additional <br />5 consideration at the time that the air shaft deal <br />6 was made to accomplish the same arrangement which <br />7 had already been agreed to once. <br />8 Q. Is it fair to say that the agreement <br />9 you have just described, became part and parcel of <br />10 the agreement which you believe exists with respect <br />11 to the ventilation shaft? <br />12 A. I can't say that became part and <br />13 parcel. This same issue -- that agreement was <br />14 made, the water was delivered. We used that water <br />15 during, I want to say '89 and '90, and I guess the <br />16 issue of the air shaft came up probably in '91. <br />17 Q. Right. <br />18 A. We used the water until the issue of <br />19 the air shaft came up. <br />20 Q. what water right did you think you had <br />21 received on this? <br />22 A. A right to one CFS of the Consolidated <br />23 Ditch. <br />24 Q. Of which of the Consolidated Ditch <br />25 water? <br />32 <br />MEEK & ASSOCIATES <br />3016 3rd Ave., Pueblo, Co 81008 (719) 542-1010 <br />