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22. Defendant has conducted underground mining operations under the Solitar.i.o tract of land and under the "Erickson house". Subsi•9e:~ce and explosions have resulted due to this mining operation.. The "Erickson house" has suffered structural dar.~age including but not limited to cracks and other evidence ~f subsidence and underground movement and tremors. 23. Defendants clid not abide by the letter agreement of May 19, 1988. Defendants failed and refused to protect Plaintiffs home from subsidence damage. 24. Plaintiffs have expended several thousands of dollars attempting to repair the damage to Plaintiffs home caused by the underground mining by Defendants on Plaintiff's property. Plaintiffs property has decreased in value to the actions of Defendants. The cost to repair Plaintiffs home could be as r~~uch as ONE HUNDRED THOUSAND DOLLARS ($100,000.00). The cost to replace Plaintiffs home is estimated to be THREE to FOUR HUNDRED THOUSAND DOLLARS ($300,000.00 to X400,000.00) Defendant has conducted underground mining under Plaintiffs property in a manner such that the buildings and structures owned by Plaintiffs are damaged. Such. buildings and structures were built prior to Defendant's oy~~rations. The operations by Defendant were negligent and wi~hout adequate safeguards to prevent damage to Plaintiffs property. Plaintiffs sue for the above damages. 25. Plaintiffs Solitario property has suffered a loss in value of SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) due to the acts of the Defendant in addition to the actual physical damage. COUNT III 26. Tatums incorporate by reference herein the allegations set forth in paragraphs 1 through 25 above. 27. Plaintiffs _wn a tract of land on the_South--Fork ~f the Purgatorie River known as the Torres Tract. This land is primarily used to raise irrigated hay and to graze Plaintiffs' stock. In 1990 Defendant Wyoming Fuel came to Plaintiffs and advised Plaintiffs that Defendant needed to utilize some cf ?l.aintiffs surface acreage to drill a large airshaft, consi:ruct a road, build a power plant and blower facility to conduct operations, under Plaintiffs property. The purpose of !his installation was to remove explosive gases from the mine and expel it into the atmosphere close to Plaintiffs' house and stock. Plaintiffs agreed to allow the use and taking of his land for this purpose in exchange for 2 c.f.s. cf water from the water rights of Defendant out of the Consolidated Ditch located at the Torres tract. This was agreed to and the Defendant entered onto Plaintiff's ,