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Part 4 Project !dater Plan Source of Water Supply Suncadia Resort Development, LLC, purchased and applied to the Kittitas County Water Conservancy Board (KCWCB) to transfer three Yakima River water rights (the Pautzke rights) for use on the MountainStar Master Planned Resort. The KCWCB approved the transfer of these rights on April 23, 2002. The Department of Ecology (Ecology) modified and affirmed the KCWCB decision on March 28, 2003. See Decisions KCWCB 01-07 / DOE CS4-YRB07CC01724 @1; KCWCB 01-5 / CS4-YRB07CC07124 @2; KCWCB 01-06 / CS4-YRB07CC01724 @3; and Ecology Letter Re: Trendwest Water Right Change Applications dated March 28, 2003. The transfers as approved by the KCWCB and affirmed by Ecology designate the place of use of Suncadia's Yakima River water rights as the "area served by Suncadia resort Resources, Inc., now known as Suncadia Water Company, LLC, in accordance with a water system comprehensive plan or update approved by the Washington Department of Health" for domestic, irrigation and recreational use purposes. Combined, these transferred water rights allow the diversion of 9.5 cubic feet per second (cfs), 1,784.45 acre-feet per year during the April 1 through October 15 irrigation season and 4.09 cfs, 687.45 acre-feet per year from October 16 through March 31. Ecology further conditioned the rights to provide that the instantaneous diversion for the resort shall be limited to 8.7 cfs during the month of September and in drought years to 9.1 cfs (drought years are defined as when USBR pro -rates water to its Yakima Project contract customers). The authorized points of diversion are the City of Cle Elum's Yakima River Diversion (as primary source of supply), and Cle Elum's Cle Elum River Diversion (as secondary source of supply). In addition, Suncadia, LLC has applied to the Department of Ecology to change the place of use, purpose of use and point of diversion of three irrigation purpose water rights (Lamb and Anderson rights) historically diverted from the mainstream Yakima River near the City of Ellensburg to allow for use of the water on the Suncadia Resort for municipal supply purposes and streamflow augmentation. Suncadia completed the purchase of the Anderson water rights in January, 2004, and has a contract to purchase the Lamb water rights contingent upon their transfer to the MPR. While the applications to change the water rights are pending, Suncadia has filed a motion with the Yakima Superior Court to authorize a change in purpose of use to instream flows and conveyance of the water rights to the State Trust Water Program for mitigation of consumptive water use or other cumulative impacts by the Suncadia Resort. The Yakima Superior Court enter an Order Pendente Lite approving the transfer of the Lamb and Anderson water rights to the State Trust Water Program for the pendency of the upper Yakima Basin adjudication on January 13, 2005, pending approval of a permanent change for use on the resort. Until transferred, the Order Pendente Lite allows use of these rights to mitigate an September 2016 Phase 1 Division 12 Engineering Summary Encompass Engineering & Surveying