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SEP-27 JZ 0?:52 FKfJI~:SYNCOAL =ILIINGS >1T. ~+062E22C90 .0: ?3389,3?S ~AGE:C~6 atr-er-cLJU wtU Ur~jl rft nuNIHr+H t'UFitK LtI;HL hH1f VU. 1 4Uti 4a7 3L3~ Y. U6 v ~. lees is the amount of $38,000.00. Ventil tio~ n Shaft; Ae part of the diacassioru and of the Agreements in May/7une 1988 between Tatum and Wyomlrtg Fuel, Wyoming Fucl constructed a ventilation shaft on property owned by Tatutn. The itntnedtate construction of the shaft was required for safcry reasons. The shaft ei~ectively deprived Tatum of the use sad bene5t of approximately four acres of his land. The fair market value of this four sores 8t the time of the construction of the ventilation shaft was $4,000.00 per acre. The evidence presented at trial did not establish the extstance of a worlcittg water well on the property. Tatttm should be compensated for the loss of this acreage. The damage and loss to Tatum for this deprivation is 516,000.00. The damage which can he awarded herein is limited to 515,000.00, the amount disclosed in plaintiffs' Aatended Disclosure Statement. . ~to~gy Fees,: Neither parties' claims or defenses in this case appear to the Court to be groundless, frivolous or vexatious. 'The erial of this case was difficult for all parties and the Cotut becawe of the pcreanal and emotional involvement of the plaintiffs prosecuting their own case, anci the defendants' unwillingness to solcnowledge liability on any of the issues. ~ Neither parry has shown by a prepandaranec of the evidenao an entJtlement to attorney fees. I CONCJ,USYOIYS OF LAW 1. Tht June 1, 1998 Agreement between Tatum and IdRI la enforceable according to its terms. Owners of water rights are free to sell or txchange their rights to the use of water. Hen. the parties simply agreed that each would use the others' water end, recognizing the effect of priorities, agreed on how to handle the situation when the exchange could not be accomplished becatue of shortfalls. 2. Owners of water rights can exchange the rue of each others' water subject to the fomtalitiee required by law which may include adjudication of the rights in water court. 3. T7ta owner of coal mineral rights is liable for damages caused to property by the operation of their undorgrauad ooal mining operations. Surface owners are entitled to recover damages caused to their homes by underground coal mining subsidence. Hare, ground subsidence by the underground coal mining operation caused strucNral movement and damage to plaintlt'1~' rosidence.