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~, 1 ne panres agree mar me owner or a mineral rrgnt may go upon and use the surface laed overlaying the mineral right to construct a ventilation shaft needed in the mineral extraction operation, and that the mineral right owner must reasonably compensate the land owner for any property taken, renderod unusable, or for surface disturbance resulting from mining operations. Here, defendant's construction and use of the ventilation shaft resulted in aurfaoe disturbance to plaintiffs' property. S. The measure of damages ordinarily applied to situations where damage is' caused to real property of another is the market value before and after the injury; i.e., the diminution of value. 6. An appropriate remedy for breach of contract is to order the specific performance of its terms and, if damages have resulted, to award actual damages. 7. Atrial court may award reasonable attorney fees if it determines that an action lacks substantial justification. A claim lacks substantial justification if it is "substantially frivolous, substantially groundless, or substantially vexatious". ACCORDINGLY, based upon the foregoing Findings of Fact and Conclusions of Law, Judgment is entered in favor of Plaintiffs, James Tatum and Ann Tatum, and against Basin Resources, Inc., as follows: 1) Basin Resources, Ina, shall forthwith consult with, and cooperate with Plaintiffs, James Tatum and Ann Tatum, to complete the orderly application and use of their exchange of Maxwell Ditch water, including communication with appropriate state water officials of this judgment and order. 2) Judgment is entered in favor of James'Tatum and Ann Tatum, and against Basin Resourccs,~Iac. as follows: a. Compensatory damages for loss of water for four irrigating seasons in the amount of THIRTY-TWO THOUSAND DOLLARS (532,000.00). b. Compensatory damages for diminution of the value of their residence as a result of subsidence damage, FORTY-BIC}HT THOUSAND DOLLARS ($48,000.00).