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faith and an effort to violate a contract and agreement <br />between the parties. <br />14. Defendants are attempting to wrongfully steal <br />Plaintiff's water and water rights and Plaintiffs have lost <br />the hay crops from Storz Meadows from 1991 through 1996 and <br />the value of the hay crop is approximately~3NE HUNDRED <br />TWENTY THOUSAND DOLLARS ($120,000.00). <br />15. On or about January 30, 1995, the Court entered an <br />order that reads "This Court rules that the June 1, 1988 <br />Letter Agreement ...is a valid contract, enforceable <br />according to its terms." Defendants continue to refuse to <br />allow Plaintiffs the use of the water from Maxwell 11. <br />16. Plaintiffs would show that the acts of Defendant in <br />breaching and reneging upon the exchange of water in Maxwell <br />Nine (9) and Maxc,•ell Eleven (11) is a bad faith, deliberate <br />act of Defendant contrary to truth and fact and designed to <br />cause harm to Plaintiff without cause. For such act <br />Plaintiffs' ask that exe lar damages be awarded in the <br />amount of THREE (3) times the actua amages to curtail such <br />shady practices by Defendant and others. <br />17. In addition i:o the damages, Plaintiffs ask for specific <br />performance in the conveyance and transfer of the 2 c.f.s. <br />of water referred to in the order of January 30, 1995. <br />ADDITIONAL CAUSE OF ACTION COUNT I <br />18. Tatums incorporate by reference herein the allegations <br />set forth in paragraphs 1 through 17 above. <br />19. Defendant has converted, used and taken 1.0 c.f.s. of <br />Plaintiffs' water in Maxwell Nine (9) and used such water <br />without Plaintiffs' permission. This water is in excess of <br />the water exchanged for a like amount of water in Maxwell <br />Eleven (11). Plaintiffs damages for the taking and use of <br />Plaintiffs water from 1988 through 1996 is $50,000.00. <br />COUNT II <br />20. Tatums incorporate by reference herein the allegations <br />set forth in paragraphs 1 through 19 above. <br />21. Plaintiffs own a tract of land known as the Solitario <br />located on the middle fork of the Purgatorie River. This <br />tract contains an old historic adobe house known as the <br />"Erickson House", which is used as the residence of <br />Plaintiffs. Gefendant BASIN RESOURCES, INC. - WYOMING FUEL <br />owns most of the mineral rights under the tract of land <br />known as the Solitario and where the "Erickson house" is <br />located. <br />