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~. <br />P', ~~ntii'fs 3ames and Ann 1 alum, hereinaRer `"TAT[3M" initiated this litigation by filing <br />heir complaint against the Defendant Basin Resources, Inc., hereinafter "BRI". Tatum asserts <br />the foi-owing claims: <br />First, that BRl breached a certain contract dated June 1,1988 (Plaintiffs Exhibit ICIC, <br />attached) wherein it (BRn agreed to trade certain water rights. (Maxwell Ditch trade). <br />Second, that BRI breached a certain oral agreement entered into between the parties at <br />around the same~timc, to trade a second water right. (Consolidated Ditch trade). <br />Third, Tatum claims that underground mining operations conducted by the defendants <br />have damaged their property, including the residence alternatively referred to during the trial <br />as the "Erickson House", the "Tatum Residence", and "Solitario". Tatum claims that mining <br />operations near or under their property caused substantial structural damage to the residence <br />and~that the cause was subsidence resulting from mining operations. <br />Finally, Tatum asserts that BRI further damaged their property by installing a ventilation <br />shaft and fan on their property which had the effect ol'causing a.well on that nnrt;n~ ,.c++-- <br />property to dry up, and also rendering a portion of his ia :... ............... , ,;.,.,...,,,..: »,,,,.,..,. ,;.,;,,.:~ <br />for punitive damages, which the Court dismissed at the end of Plaintiffs' case, and for attorney <br />fees. <br />Defendant, while acknowledging the enforceability of the Juae 1,1988 Agreement, <br />interprets the contract in a manner different thaw Tatum; their interpretation preventing ttie <br />implementation of any agreement to exchange the use of water rights. Defendant also denies <br />the existence of any agreement to convey water rights on the Consolidated Ditch, denies <br />causing any subsidence damage to plaintiffs property, and disagrees with Tatum as to the <br />damages caused by use of their property for construction of a certain ventilation shaft. <br />Qgr,~;t~tent To Bxchange Water Rights-Maxwell Ditch: In early 1988, Wyoming Fuel <br />Company experienced underground prodtictioa problems in their mining operations involving <br />excess gas, excess water, and soft floors that severely threatened their ability to meet prod- <br />uction and mine safety requirements. In order to commence addressing those problems and <br />in order to avoid'a lengthy delay to obtain a permit, Wyoming Fuel Company negotiated <br />with Tatum for waiver of a certain waiting period required by Colorado Revised Statutes <br />34-33-101 et.seq. Wyoming Fuel Company catered into an Agreement with Tatum to exchange <br />