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<br />clay. <br /> <br />'All of the witnesses testified that next to the <br />clay deposit is a sandstone foi-mati.on that appears roughly <br />from Rocky Flats southward to Colorado Springs, and that clay <br />is found in strips along this area. Ili thin four blocks of <br />this Hall of Justice is a visual example of open pit clay <br />mining that has taken place in Colden for many years showing <br />how these various seams of clay appear in the earth and also <br />demonstrating the ravages of open pit mining. <br />Incidentally, it should be mentioned that the mining <br />done by the Robinson Brick and Tile Company in close proximity <br />to the property under question is not the open p.it type but <br />a stope type of mining similar to gold mining and silver <br />mining operations carried on in the mountains close by. This <br />was described as being a tunnel driven into the side of the <br />mountain and shoring vp of the other tunnels then under ground <br />that are necessary to extract the clay, and the clay then comes <br />out through the mouth of the tunnel and is stockpiled on the <br />premises until it is hauled for processing at the brickyard, <br />thereby causing little damage to the top soil. <br />From the testimony presented at the trial it is . <br />apparent that the patent to this property was obtained by the <br />plaintiff for use as a farm, and it is equally apparent that <br />the State was not aware that a deposit of valuable clay lay <br />under the property until recently. <br />In Farrell v. Sayre, 129 Colorado 369, the court, <br />following the ruling in Waring v. Foden, 86 A.L.R. 969, 979, <br />says, "...the word 'minerals' when found in a reservation out <br />of a grant of land means substances exceptional in use, in <br />3 <br />