In Re Application For Water Rights of Theodore C. Simineo And Madeline E. Simineo

On November 14, 1974, the water court caused a notice to appear in a newspaper published at Delta, Colorado, within Water Division No. 4, stating that no due diligence had been shown in connection with certain listed conditional water decrees, and notifying the owners of record of those decrees, or their successors in interest, that they should appear in court on specified dates to show cause why the decrees should not be cancelled. The 1889 conditional decree involved in this case was listed in the notice. In addition, the water court caused a certified letter to be mailed to A. A. Smith, the record owner of the 1889 conditional decree, containing the same notice. The letter was returned to the water court marked "addressee unknown." The appellants state that they did not see the newspaper publication or receive the letter mailed to A. A. Smith.