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MATTER OF SIMINEO v. KELLING

No. 28216.

607 P.2d 1289 (1980)

In the Matter of the Application for Water Rights of Theodore C. SIMINEO and Madeline E. Simineo, in the Gunnison River, in Delta County, Colorado, Appellants, v. Ralph B. KELLING, Jr., Division Engineer, Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 14, 1980.

Attorney(s) appearing for the Case

Philip Charles Klingsmith, Jr., Gunnison, for appellants.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Hubert A. Farbes, Jr., First Asst. Atty. Gen., John C. Ohrenschall, Asst. Atty. Gen., Denver, for appellee.

ROVIRA, Justice.

This case is an appeal from a decision of the district court in Water Division No. 4 (hereinafter referred to as the "water court"). We affirm the water court.

In 1889, A. A. Smith owned a farm in Delta County for which he obtained an absolute decree for .75 cubic feet per second of time (c.f.s.) and a conditional decree for 1.85 c.f.s. of water from Bell Creek. In 1954, the farm was owned by Elmo and Margery Spore, who obtained an absolute...

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