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,~ Plaintiffs James and Ann Tatum, hereinafter "TATLTM" initiated this litigation by filing their complaint against the Defendant Basin Resources, Inc., hereinafter ",BRI". Talton asserts, the following claims: First, that BRI breached a certain contract dated June 1,1988 (Plaintiffs Exhibit I{IC, attached) wherein it (BRI) agreed to trade certain water rights. (Maxwell Ditch trade). Second, that $RI breached a certain oral agreement entered into between the parties at around the same time, to trade a second water right. (Consolidated Ditch trade). Third, Tatum claims that underground mining operations conducted by the defendants have damaged their property, including the residence alternatively referred to during the teal as the "Erickson House", the "Tatum Residence", and "Solitario". Tatum claims that mining operations near or under their property caused substantial structural damage to the residence and that the cause was subsidence resulting from mining operations. Finally, Tatum asserts that BRI further damaged their property by installing a ventilation shaft and fan on their property which had the effect of causing a well on that portion of the property to dry up, and also rendering a portion of his land unusable. Tatum also asserts claims for punitive damages, which the Court dismissed ai the end of Plaintiffs' case, and for attorney fees. Defendant, while acknowledging the enforceability of the June 1, 1988 Agreement, interprets the contract in a manner different than Tatum; their interpretation preventing the implementation of any agreement to exchange the use of water rights. Defendant also denies the existence of any agreement to convey water rights on the Consolidated Ditch, denies causing any subsidence damage to plaintiffs property, and disagrees with Tatum as to the damages caused by use of their property for construction of a certain ventilation shaft A¢reement To Exchanee Water Ri¢hts-Maxwell Ditch: In early 1988, Wyoming Fuel Company experienced underground production problems in their mining operations involving excess gas, excess water, and soft IIoors that severely threatened their ability to meet prod- uction and mine safety requirements. Tn order to commence addressing those problems and in order to avoid a lengthy delay to obtain a permit, Wyoming Fuel Company negotiated with Tatum for waiver of a certain waiting period required by Colorado Revised Statutes 34-33-101 et.seq. Wyoming Fuel Company entered into an Agreement with Tatum to exchange