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7198460159 <br />JIM TATUM <br />PAGE <br />03 <br />.January 31, 2007 <br />Page 2 <br />Our. lawsuit against Basin was filed utilizing, specific .statues as .provided in <br />Uolorado Surface Coal Mining Reclamation Act and 2 Colorado ;Code of Regs. (12efer'to <br />my letter dated January 26, 2007). The Court's Findings of Fact, Conclusion of Law and <br />judgment recites the same Colorado Code of Regulations and awards us compensation. <br />for the subsidence damage to our home and property. T'he Court determined that our <br />property was subject to continued subsidence. 'the Court determined the loss or <br />diminution of value was $670,000.00 and took into account the prior payment far <br />subsidence damage of $48,000.00, thus awarding us $622,000.00 plus pre and post <br />judgment interest. Thejargument by Basin that another lawsuit could be implemented is <br />without foundation or basis. Even if same could occur, Basin is still obligated to pay us. <br />the value of our property is coaxed our and continued damage was addresseel in i.hc <br />Court's findings. (Copy;of decision attached) <br />Mr. Berry indicated that the state does not believe they currently have authority, <br />ender existing state bonding requirements, to increase the bond as ,envisioned by <br />817.121.(c) (5). OSM relates the same information. As a result, OSM states that OSM <br />will require Colorado to adopt provisions consistent with 817,121(c} (5). Excuse me, tut <br />OSM has already "required" Colorado to do just that in the "732" letter dated June 5, <br />1996. That was nearly 11 years ago and nothing has been accomplished. <br />Also, I was recently advised that a moratorium on submissions o£ new legislation <br />may be effect in Colorado over the next three months at the request of the. new Cmvemor. <br />Even if true, I am certain that some proviso for implementing emergency legislation is <br />available. To that end, and in some measure to rectify the abysmal failure of both dSM <br />and Colorado regardin~ this issue, I would request that OSM and Colorado immediately <br />pursue emergency retro i ctive rulemaking to close this 12 year old alleged regulatory gap. <br />Please address the issues herein and advise me in writing of your scheduled <br />timetable s[td plan to implement these laws. The clock i3 ticking. Appropriate <br />action both State and Federal must be taken. <br />Very truly yours, _ <br />Ann Tatum <br />Enclosures <br />