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4. The parties agree that tl~owner of a mineral right may go upon and use the surface <br />]and overlaying the mineral righ- , construct a ventilation shaft nee, 3 in the miners! <br />extraction operation, and that the mineral right owner must reasonably compensate the land <br />owner.for arty property taken, rendered unusable, or for surface disturbance resulting from <br />mining operations. Here, defendant's construction and usG of the ventilation shag resulted in <br />surface disturbance to plaintiffs' property. <br />5. The measure of damages ordinarily applied to situations where damage is caused to <br />real property of another is the market value before and after the injury; i.e., the diminution of <br />value. <br />6. An appropriate remedy for breach of contract is to order the specific performance of <br />its terms aad, if damages have resulted, to award actual damages. <br />7. Atrial court may award reasonable attorney fees if it determines that an action lacks <br />substantial justification. A claim lacks substantial justification if it is "substantially frivolous, <br />substantially groundless, or substantially vexatious". <br /> <br />ACCORDINGLY, based upon the foregoing Findings of Fact and Conclusions of Law, <br />judgment is entered in favor of Plaintiffs, ~amea Tatum and Ann Tatum, and against Basin <br />Resources, Ina., as follows: <br />1) Basin Resources, Inc. shall forthwith consult with, and cooperate with Plaintiffs, <br />3amea Tatum and Ann Tatuar, to complete tha orderly application and use of their exchange of <br />Maxwell Ditch water, including communisation with appropriate state water officials of this . <br />judgmeat and older. ' <br />2) Judgment is entered in favor of James 'Tatum and Ann Tatum, and against Basin <br />Resources,~Ina. as follows: <br />a. Compensatory damages for loss of water for four irrigating seasons in the <br />amount ofTHIRTY-TWO THOUSAND DOLLARS ($32,000,00), <br />b. Compensatory damages for diminution of the value of their residence as a <br />result of subsidence damage, FORTY-BIGHT THOUSAND DOLLARS ($48,000.00), <br />R <br />