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• 1 purchased for a cattle operation for which the mining claims supply the base land for the grazing permits. Both Plaintiffs and Defendants used the ranch accordingly, and while the permit- ted gravel operation consists of 9.9 acres, a continued gravel operation would necessitate the removal of what topsoil there is to get at the sand and gravel. The court in Morrison, on page 214, found no distinction between that situation and a situation where the sand and gravel constituted the entire surface of the land. With regard to the intent of the parties, the Court has already found that only the Plaintiffs had any intent to reserve sand and gravel. The Court does no[ find this intent was ever communicated to the buyer. Further, the Court has found that the intent of the Plaintiff and purchaser with reference to the 1989 deed, Plaintiff's Exhibit 10, is no[ clear, is not unequivocal and is ambiguous, and therefore any ambiguity is to be resolved against Plaintiff as the one who furnished the legal description. The intent of the parties with reference to the Shaw chain of title is sheer speculation. Finally, while the Reams family honored a request to pay royalties for sand and gravel to the mineral right holder on their ranch, the weight of the testimony indicates that sand and gravel is not normally considered to be a mineral in the west end of Montrose County and is no[ generally considered to be a mineral by those engaged in the mining industry. Further, the testimony indicated that the real value to this sand and gravel was because of road access and the availability of water to conduct the sand and gravel operations. The sand and gravel on the subject property is not unique in character and is very common to the area. The testimony indicated some 34 different sites where sand and gravel could be obtained within an eight mile radius of the subject property. Although of limited assistance, the Court does note the definition of various terms in Black's Law Dictionary. 5th Edition, 1979. Following definitions are noted: 1. Mineral. "Any valuable inert or lifeless sub- stance formed or deposited in its present position through natural agencies alone, and which is found either in or upon the soil of the earth or in the rocks beneath the soil." "Any natural constituent of earth, inorganic or Cossil, homogeneous in definite chemical composition and known cr term includes all fossil bodies or matters quarries, whence anything may be dug, such may be quarried." the crust of the structure, having a ystallization. The dug out of mines or as beds of stone which "The word is not a definite term and is suscepti- 16