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(Deposition of James Tatum) <br />1 A. I had no idea. I was privy to the <br />2 particular designation of the water rights. I knew <br />3 that Wyoming Fuel had quite a quantity of water <br />4 available there and I was. <br />5 Q. what was your understanding of why <br />6 Wyoming Fuel agreed to convey you one CFS or let <br />7 you use one CFS of Wyoming Fuel Company water on <br />8 the South Fork in exchange for one point five out <br />9 of Maxwell Nine? <br />10 A. Because they were trying to transfer <br />11 the water out of the South Fork into the Middle <br />12 Fork where the Maxwell Nine was already located, <br />i <br />13 and it was actually to their benefit to receive one <br />14 point five CFS in exchange for one CFS, and they <br />15 didn't have the problems of transportation and <br />16 evaporation loss, and so on, in accomplishing that. <br />17 I viewed the one point five CFS of water out of the <br />18 Maxwell Eleven as being more valuable to them on <br />19 the Middle Fork than one CFS of water coming out of <br />20 the South Fork was. <br />21 Q. Did you mean to say Maxwell number <br />22 Nine? <br />23 A. Yes. Did I say Eleven? <br />24 Q. So, if I understand your testimony <br />25 correctly, the claim stated in your complaint, you <br />MEEK & ASSOCIATES <br />3016 3rd Ave., Pueblo, Co 81008 (719) 542-1010 <br />33 <br />