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(Deposition of James Tatum) <br />1 down the number of cattle on it. <br />2 (The Reporter marked for identification <br />3 Deposition Exhibit 33.) <br />4 Q. Mr. Tatum, the court reporter has <br />5 marked and I have handed you Exhibit 33, which is <br />6 the April 2nd letter from you to Robin Forte and <br />7 you have been testifying about that letter prior to <br />8 us having it marked? <br />9 A. All right, yes, that's right. <br />10 Q. You can go ahead, if you have anything <br />11 more to add to that? <br />~ 12 A. The content of Exhibit 33 speaks for <br />13 itself. They deal with just about every issue we <br />14 have talked about here. <br />15 Q. Is it fair to say that from the fact on <br />16 page two you make the statement, "we proposed to <br />17 receive two CFS out of the priority twenty-six <br />18 water in connection with the air shaft property <br />19 even road," that there was no agreement about that <br />20 issue as of the date of this letter? <br />21 A. I think where the confusion is arising, <br />22 it looks like the correspondence here is <br />23 contradicting what I felt like the agreement or <br />24 agreements were and what the parties had agreed to. <br />25 I don't ever recall feeling that we were entitled <br />MEEK & ASSOCIATES <br />3016 3rd Ave., Pueblo, Co 81008 (719) 542-1010 <br />41 <br />