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iii iiiiiiiiiiiii iii <br />999 <br />8703 Bonhomme <br />Houston, Texas 77074 <br />(713)9957045 <br />Telecopier <br />(713) 995-7191 <br />Law Offices of <br />Jim Tatum & Associates <br />P.O. Box 28 <br />12630 Hwy. 12 <br />Weston, Colorado 81091 <br />(719) B68-3310 <br />Telecopier <br />(719)868-2612 <br />January ] 3, 2000 <br />Mr. Michael Long, Director <br />Division of Minerals and Geology <br />Department of Natwal Resowces <br />1313 Sherman Street, Rm. 215 <br />Denver, Colorado 80203 <br />RECE!!/EL <br />JAN 18 2000 <br />Division of Minerab 8 Geology <br />RE: Tatum vs. Basin; Tatum Appeal of Decision of OSM; Tatum Appeal of State <br />of Colorado Decision <br />Duector Long: <br />I am enclosing for yow information a copy of the opinion rendered by United <br />States Department of the Interior Office of Hearings and Appeals, Interior Boazd of Land <br />Appeals on January 5, 2000 resulting from the appeal filed in 1995. <br />The State of Colorado was placed on notice several yeazs ago that we were <br />appealing their decision with reference to the subsidence of ow home as well as the <br />water-well issue. In light of the enclosed opinion, it will be necessary for us tp proceed <br />against the state with regazd to the water well issue only. <br />I sent Mr. David Beny, Coal Program Supervisor with DMG, a copy of the <br />enclosed opinion on January 11, 2000. It is undisputed that the record in the case tried <br />before District Judge Martzanazes reflects that Steve Witte with the Colorado State <br />Engineer's OfI•ice, and Danny Mazquez, Water Commissioner, testified that ow use of <br />the water well DID NOT require adjudication or water rights, or the need for the well to <br />be permitted. <br />Please review the enclosed and advise my Houston office of yow thoughts, and <br />how the State proposes to rectify this gross miscarriage of the law. <br />V~gry truly yo~~ <br />Ann Tatum <br />AT/ <br />Encloswe <br />