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Agreement to Lease Water for Irrigation Thi grea m~~ ease Water for Irrigation ("Lease Agreement") is made and entered into this ~'of e~tb · , 2018 ("Lease Effective Date") by and between Kittitas County, a political subdivision of the State of Washington, ("the County") and Jim and Hazel Treat, a married couple ("Treat"). The County and Treat are collectively referred to herein as the "Parties." Factual Background A WHEREAS, Treat owned all of the water under Water Right Certificate No. S4- 84509-J in Cooke Creek, with a priority date of June 30, 1872 ("the Water Rights"), which are more fully described in Exhibit A, attached hereto and incorporated herein; B. WHEREAS, a portion of the Water Rights were sold by Treat to the County (the "County's Water Rights") pursuant to a water rights purchase and sale agreement dated June 26, 2017 and modified on June 28, 2018, which closed on August 1, 2018 (the "Treat PSA"). A copy of the Purchase and Sale Agreement and the Statutory Warranty Deed conveying the County's Water Rights are attached to this Agreement as Exhibit B and incorporated herein; C. WHEREAS, place of use and purpose of use of the Water Rights were changed from irrigation to instream flow and mitigation in the Report of Examination issued by Ecology on June 14, 2018 ("ROE"), which is attached to this Agreement as Exhibit C and incorporated herein; F. WHEREAS, the Parties agreed, in Paragraph 10 of the Treat PSA as amended, that the County will lease to Treat and Treat will lease from the County the County's Water Rights for twenty (20) years from August 1, 2018 ("Leaseback Provision"), except in those years in which there is a drought in the Yakima Basin; and H. WHEREAS, the Parties wish to lay out more the process for implementing the Leaseback Provision. Agreement NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the Parties agree as follows : 1. Factual Background. The foregoing statements of factual background are true, correct and incorporated into this Lease Agreement by this reference. 2. Term of Agreement. The term of this Lease Agreement shall commence on the Effective Date and continue through August 15 , 2038 ("Agreement Term"), unless extended by modification or amendment hereto, as provided in paragraphs 8 and 13 . Agreement to Lease Water Between Kittitas County and Treat Page 1 of 6