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nita Placer Mining Claim No No. 4569. • 5213; and Green Placer Mining Claim The parties claim varying degrees of ownership with respect to the mineral rights and dispute the meaning of the terms "minerals," "mining rights," "stone" and, depending upon the party's point of view, assert different rights and responsi- bilities. The main issue between Plaintiffs and Defendant concern the construction of the reservation contained in a warranty deed dated May 30, 1989, conveying the subject property from Plain- tiffs to Fedrick. Fedrick was simply the conduit for a land trade between Plaintiffs and the real buyers, Wits. With respect to the patented placer mining claims, the following exception was noted: "Except all minerals in or under said mining claims including, but not limited to, metals, oil, gas, coal, stone, mineral rights and mining rights." Plaintiffs claims that they reserved the sand and gravel rights as a result of that reservation in the warrant deed (Plaintiff's Exhibit 10) whereas Defendant claims the rights to the sand and gravel were not reserved by Plaintiffs and that Defendant owns the sand and gravel rights. Based upon this assertion of owner- ship, Defendant has entered into a sand and gravel lease with the Defendant/Intervenors, West End Sand and Gravel, Inc. Plaintiffs sued Defendant for injunctive relief to prohibit Defendant and Defendant/Intervenors from conducting a sand and gravel operation upon the mining claims, for damages and for declaratory judgment seeking to have Plaintiffs declared the owner of the sand and gravel rights pursuant to the exception and reservation contained in Plaintiff's Exhibit 10. The central dispute between the Plaintiff/Intervenors, Marion E. Shaw and The Bernice P. Houser Trust and Defendant involves Shaw's claim that [he sand and gravel operation conduct- ed by Wes[ End Sand and Gravel, through its agreement with Defendant, is depleting the minerals, particular gold and silver, in violation of Shaw's ownership interest in the mineral rights. Marion Shaw owns 50% of the mineral rights on the five patented placer mining claims and The Bernice P. Houser Trust owns 25%. Shaw asserts a value of approximately 526,000 per 400 tons of head ore and has sued Defendant for trespass, damages, injunctive relief to prohibit the sand and gravel operation and for declara- tory judgment. The Defendant does not claim [o own any mineral interest in the mining claims but asserts the quantity of pre- cious metals, including gold and silver, are so de minimis that there is no commercial value to any mineral interests of Shaw. Defendant/Intervenors essentially say the same thing and that, in 2