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VI. Lien holds cerca in rights Ln Section I, T. 10 N., <br />R. 70 W., 6th P.M. in Latimer County, Co r rado (hereinafter <br />"Section I") which Lies ad}acent to and i:n•tedrately south of <br />Section 36. In April 1978, Lien apoLied to the Board for <br />permission to construct a road across the Quarry li',erein- <br />after the "New Road") from Section I to its installations on <br />the 1970 and 1976 Surface Leases. Holly oppcsed granting of <br />the t]ew Road, permission to use which was authorized on a <br />temporary basis only. On April 14, 1978, Ho11y asked the <br />Board to conduct a hearing to resolve disput=_s be r.~e er. Ho11y <br />and Lien as Lessees under their respective Leases. The <br />Board scheduled, and on June 6, 1978, commenced a hearing to <br />resolve such disputes (hereinafter the "Board Hearing"). <br />The Board Hearing has been continued with a direct i~:a ~oy the <br />Board to Holly and to Lien to discuss their respective claims <br />privately and to report to the Board prior to resumption of <br />the Board Hearing what progress, if any, they may have made <br />towards resolving their disputes. <br />VII. On January 4, 1930, the Board granted the <br />Colorado Railroad Ccmoany, subsequently the Colorado and <br />Southern Railway Company (hereina _°ter the "Railroad") a <br />right of way to construct a spur track across the Quarry to <br />Eacilita to shipping of limestone. Subsequently, such a <br />track (hereinafter the "Spur") was constructed in *_he manner <br />diay-rammatically illustrated as the orange line on Exhibit "A." <br />As of ~pri1 25, 1977, Holly and the Ra iiroad =xecuted an <br />induscrial track agre=_ment whe re b}' Ho11y agreed co .ndemniEy <br />the Railroad from the acts or omissions of third party <br />"perm-tees" utilizing the Spur. , <br />- 3 - <br />1 <br />