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I <br />2000 homeowners noticed new cracks in the structure of their <br />residence. In March 2001 they initiated this civil action against <br />Basin, alleging that additional damage to the property had resulted <br />from new subsidence in Basin's mine workings that occurred after <br />December 1, 1997. Homeowners alleged that, pursuant to the <br />Colorado Surface Coal Mining Reclamation Act, ~ 34-33-101, et <br />seq., C.R.S. 2005, and associated regulations, they were entitled to <br />an award of damages based on Basin's failure to perform its <br />common law duty to provide adequate subjacent support for the <br />surface above the mine workings. <br />After a bench trial, the trial court concluded that homeowners' <br />residence had suffered substantial and material subsidence damage <br />after December 1, 1997; that such damage was caused by Basin's <br />underground mining (operations; and that the damage significantly <br />reduced the value of the property. Determining that the diminution <br />in value of the property equaled $670,000, the trial court awarded <br />homeowners damages in the amount of $622,000, consisting of <br />$670,000 less the $48,000 judgment awarded to them in December <br />-- --_____ 1997. <br />3 <br />