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3e0tion 31 and the E'�� 31F- , S"I-, 112 , SE-,t, IT'71, and 14ots S find 4 in Sea. 30 in the to:inship and innge afore3a14; and that sail reservoir is the Bane reservoir particularly described in the plat of a resurvey thereof made by C,L. Lfilton and on file herein as Petitioners L- xhibit NO# 3, and is in substance in accordance wit)' the original plat and statement of said Mount Pisgah Reservoir made by James 'Turnbull as amended by the Amended Plat of said reservoir made by The Carden Park Irrigation Company, the successor in interest of said James 'Turnbull, both of which plats were duly Piled and are now of record in the office 02 the State En gineer of Colorado all as is required by the lane of the State of Colorado. 7 - That petitioner has duly succeeded to all the rights and interests of said James 'Turnbull and The Garden Park Irrigation Company in and to said ?fount Pisgah Reservoir; that work iwie commenced cn said reservoir by the original survey thereof on October 15, 1907 and was thereafter prosecuted to completion with all due and reasonable diligence by the said petitioner and its predecessors in interest; that ever since the completion of said reservoir :eater has been impounded and stored therein to its Pull capacity from the natural Plow of said Your ::tile Creek so PA_r as the same nae been available therefor without infringment on the rights of prior appro- pratore from said Four Mile Creek and said Arkansae River, and such water so stored therein has from time to time been released therefrom into the natural channel of said hour 'file Creek and thereafter diverted therefrom and from the said Arkansas River into which said Four bile Creek flows and beneficially used in the irrigation of lands within the State of Colorado lying along said streams and below said reservoir and susceptible of irri- gation therefrom which are otherwise inadequately supplied with crater for the irrigation thereof and the oroduotion of crops thereon; and that by virtue thereof the said patitioiier and its said predeoenuors in interest have duly appropriated in loconlance with tfae laws of the St.ite of Qolorado, with priority date as of Oct char 15, 1907, 2743 acre feet per Year of the natural flow of said Your (tile Creek above said Hount Piag1kh Reservoir for storage therein and release therefroa ull as allowed b', said laws of the Mate of Colorado, and said petitioner is now the owner of raid appropriation and entitled to all the rifts and privileges resultin therefrom. B. - That there are liirge bodies of land within the state of Colorado lying along said Four ;.1110 Creek and said -'rkansus Diver and below said ','cunt Pisgah Reservoir which are Susceptible of irriEaation therefrom and which are inadequately supplied witty crater for the irrigation thereof from the normal natural flow of said streams, to -wib: Mure than 00,000 acres thereof• that all of the av +Ater 30 nppronrirsted and so stared in said TJount Pisgah aservoir has been and can be beneficially used in the irrigation of said land so inadequately supplied vrtth water - and that there is no supply ditoh for carrying water into said Mount Pisgah Reservoir, the router being carried direotly therein by the natural stream of jaid your Mile Creek. It is, therefore, Considered, Ordered, 3djud;;ed, and Decreed by this Court, as follows: 1. - That the said iaount Pisgah Reservoir is entitled to and is hereby awarded Arlttlnsas River 3tcrage Priority :3o. , the aurae beini; Dour Ale Creek Storage Priority Ifo. with prioWy date as of October 15, 1907; and that under and bTi__vr ue thereof there be allowed to flow into said Mount Pisgah reservoir and be impounded and stored therein each year sufficient of the natural flour of said Your ?.file Creek to fill said reser- voir to its said capacity of 2743 acre feet of ;eater, in so dur is the same may be available therefor without inLoingment on the rights Of appropriators having appropriations with priority dates prior to said Gutobe.r lh, 1907. 2. - That The Pisgah [reservoir and Ditch Company, a Colorado Corpor- ation and ti'e petitioner herein, is now the owner of said I oust Pisgah Reservoir and of the rights and priorities appurtenant thereto au herein decreed; and that it and its nucaessora and assigns are and shall be antitled to at will release from said flount Pisgah _ reservoir - raters impounded therein in pursuAnce of this decree and alloil the came to flow down the natural channel of said' your Mile Creek and said Arkansan River us perrat.tted by the laws of the Mate of Colorado, and thereafter divert the stuae therefrom, less all lasses in transit by seopage, evaporation, 0-_• otherwise to be de- termined as provided by the lRws of the state of Colorriflo, and use the sane in the irrigation of lands within the state of Colorado lying along said streams and susceptible of irrigation therefrwa ahioh are. otherwise inade- quately supplied with water for the irrigation thereof and the production of crops thereon. 3. - That the petitioner shall pay all the oosts of this proceeding to be taxied against it herein, including, the cost of extending the testimony for filing herein. Done in Open Court. ISy the Court; Jaynes L. Cooper, Judge.