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~i~ iiii~~nniu iii <br />sss <br />870313onhomme <br />Houston, Texas 77074 <br />(713) 9957045 <br />Telecopier <br />(713) 9957191 <br />Law Offices of <br />Jim Tatum & Associates <br />P.O. Box 28 <br />12630 Hwy. 12 <br />Weston, Colorado 81091 <br />(719) 866-3310 <br />Telecopier <br />(7191866-2612 <br />RECEIVED <br />January 11, 2000 <br />JAN 1 ~ 2000 <br />Mr. David Berry Division of Minerals & Geology <br />Division of Mineral and Geology <br />Coal Program Supervisor <br />1313 Sherman St. Rm. 215 <br />Denver, Colorado 80203 <br />RE: Iim and Ann Tatum; Complaint against Basin Resources, Inc. <br />Appeal of State Decision <br />Citizens Complaint <br />Mr. Berry: <br />I apologize for not getting back with you sooner. My Mother-in-law passed away <br />eazly in December and I have been tending to family matters. <br />Enclosed herein please find a copy of the opinion from the United States <br />Department of the Interior Office of Hearings and Appeals with regard [o the appeal 1 <br />filed. <br />It would appear that the DMG and OSM decision to not hold Basin accountable <br />for the damages to our home was "azbitrary, capricious, and an abuse of discretion" thus <br />the case has been remanded back to OSM For appropriate action. In light of this Ending I <br />would imagine that an appeal to DMG would be a moot point as I imagine that DMG <br />must now find Basin accountable and that we should be paid for our damages. Please <br />advise DMG's position with regard to the subsidence matter in light of this ruling. <br />With regazd to the water well issue - I want to proceed with an appeal to DMG <br />regarding their finding that no records reflected that the `well was permitted or that there <br />way any adjudication of the water rights for the well" Basin could not be held <br />accountable for the damage to the well. It is undisputed that the record in the case tried <br />before Judge Manzanazes reflects that Mr. Steve Witte for the Colorado State Engineers <br />Office and water commissioner Danny Marcus testified that our use of the well did not <br />require adjudication of water rights or the need for the well to be permitted. <br />