Big Creek Final Development Plan - Submitted January 25 2017 Amended 4-22-17

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JUN 2 9 2915 Trust Water Right Agreement This Trust Water Right Agreement is made and entered into as of A*Ma-y of June 2015, by and between the Washington State Department of Ecology, Yakima River Basin Trust Water Rights Program ("Ecology") and Big Creek Water Right, LLC ("BCWR"), a Washington Limited Liability Company. A. WHEREAS, Ecology is the trustee of the Yakima River Basin Trust Water Rights Program as authorized under Chapter 90.38 RCW ("Trust"); and B. WHEREAS, BCWR is the owner of certain water rights in Big Creek, a tributary of the Yakima River as more particularly described and confirmed under Claim No. 00756 in the Conditional Final Order issued in Subbasin 2, dated February 13, 1997 in Ecology v. Acquavella, Yakima County Superior Court No. 77-2-01484-5 ("Acquavella'); C. WHEREAS, the place of use and purpose of use for a portion of Court Claim No. 00756 was changed from irrigation to instream flow for mitigation under Change Application No. KITT-13-07 (CS4-00756sb2@3) ("Water Right"). The change was approved by the Kittitas County Water Conservancy Board and modified by Ecology in its certain letter dated July 2, 2014. The Water Right is described in Exhibit A. D. WHEREAS, BCWR has requested to have Ecology hold the Water Right in Trust for instream flow and mitigation so that it can be used to offset or mitigate for future water uses. E. WHEREAS, subject to the terms of this Agreement, Ecology confirms that it is willing, able, and authorized to hold the Water Right in Trust for the intended purposes as provided for herein. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and undertakings as hereinafter set forth, and other good and valuable consideration, the receipt of which is hereby acknowledged, Ecology and BCWR hereby agree as follows: 1. Purpose. The purpose of this Agreement is to allow BCWR to provide senior water rights as off -setting mitigation for its own projects or for third parties seeking: 1) to mitigate existing groundwater withdrawals, 2) water budget neutral determinations, or 3) permits for new surface and groundwater uses. BCWR agrees to convey the Water Right to Ecology to be placed in Trust. By doing so, the Water Right may be made available as mitigation for uses designated by BCWR. These uses will be mitigated in whole or in part by way of a permanent assignment of a portion of the Water Right as is reasonably required to ensure no impairment to the total water supply available in the Yakima River basin ("TWSA") or other water rights. 2.Closing. This Agreement shall be effective upon its mutual execution, and the Trust shall commence once the Quit Claim Deed is executed, recorded, and delivered to Ecology. The quit claim deed shall be in a recordable form substantially in the form of Exhibit B attached hereto. The term of this Agreement shall then be for so long as any portion of the Water Right is available to be assigned to new and/or existing uses.