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~"~ n <br />loss in the amount of $48,000.00. <br />Ventilation Shaft: As part of the discussions and of the Agreements in May/June <br />1988 between Tatum and Wyoming Fuel, Wyoming Fuel constructed a ventilation shaft on <br />property owned by Tatum. The immediate construction of the shaft was required for safety <br />reasons. The shaft effectively deprived Tatum of the use and benefit of approximately four <br />acres of his land. The fair market value of this four acres at the time of the construction of the <br />ventilation shaft was $4,000.00 per acre. The evidence presented at trial did not establish the <br />existence of a working water well on the property. Tatum should be compensated for the loss <br />of this acreage. The damage and loss to Tatum for this deprivation is $16,000.00. The damage <br />which can be awarded herein is limited to $15,000.00, the amount disclosed in plaintiffs' <br />Amended Disclosure Statement, <br />Attomev Fees: Neither parties' claims or defenses in this case appear to the Court to be <br />groundless, frivolous or vexatious. The trial of this case was difficult for all parties and the <br />Court because of the personal and omotional involvement of the plaintiffs prosecuting their <br />own case, and the defendants' unwillingness to acknowledge (lability on any of the issues. <br />Neither party has shown by a preponderance of the evidence as entitlement to attorney fees. <br />CONCLUSIONS OF <br />1. The June 1,1998 Agreement between Tatum and BRl is enforceable according to its <br />terms. Owners of water rights are free to sell or exchange xheir rights to the use of water. <br />Here, the parties simply agreed that each would use the others' water and, recognizing the <br />effect of priorities, agreed on how to handle the situation when the exchange could not be <br />accomplished bocauae of short~lls. <br />2. Owners of water rights can exchange the use of each others' water subject to the <br />formalities required by law which may includo adjudication of the rights in water court. <br />3. The owner of coal mineral rights is liable for damages caused to property by the <br />operation of their underground coal mining operations. Surface owners are entitled to recover <br />damages caused to their homes by underground coal mining subsidence. Here, ground <br />subsidence by the underground coal mining operation caused structural movement and <br />damage W plaintiffs' residence. <br />