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.. ~ ,", r. <br />loss iti 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 damagt 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, tho amount disclosed in plaintiffs' <br />Amended I)iscloaure Statement. <br />Attom@y 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 wss difficult for all parties and the <br />Court because of the personal and emotional involvement of the plaintiffs prosecuting their <br />own case, and the defendants' unwillingness to acknowledge liability on any of the issues. <br />Neithor party has shown by a prepondotance of the evidence an entitlement to attorney fees. <br />~ONCi1zUSIONS ~' LAFV <br />1. The 3une 1,1998 Agreement between Tatum and 13R1 is enforceable according to its <br />terms. Owners of water rights are free to sell or exchange their 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 because of shottfhlls. <br />2. Owners of water rights can txchange 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 paused 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 movemont and <br />damage to plaintiffs' residence. <br />