Water Rights of Simineo v. Kelling

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 decree for .50 c.f.s. with Priority J-34, and an absolute decree for 1.25 c.f.s. and a conditional decree for .50 c.f.s. with Priority…