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3. Annual Lease of Water. The County shall lease to Treat and Treat shall lease from the County the County's Water Rights each year, except as provided in paragraph 5. 4. Annual Leas Payment Amount. The County and Treat will meet in February of each year during the Agreement Term ("Annual Lease Meeting") to determine the total annual lease price to be paid by Treat to the County ("Total Annual Lease Payment") in accordance with the following: 4 .1 Treat will pay the County an annual lease price equal to 44 .9 acres multiplied by per acre price established by the Kittitas Reclamation District for water for each specific year of the Lease Agreement. 4.2 Treat shall pay the County the Total Annual Lease Payment within thirty (30) days of receipt of an invoice from the County, which shall be issued by the County no earlier than March 15th of each year and no later than May 1st of each year . 5. Drought Year Limitation on Leaseback Water. In accordance with Paragraph 10 of the Treat PSA the County is not obligated to lease to Treat any of the County's Water Rights in those years during the Lease Term when there is a drought in the Yakima Basin. 5 .1 Paragraph 10 of the Treat PSA defines a "drought" for the purposes of the PSA and this Lease Agreement to mean (a) a year, or a portion thereof, when the water supply for the Yakima River Basin is below seventy-five percent of normal, as confirmed by the Bureau of Reclamation, and "junior" (post-1905 priority) water rights are pro- rationed or curtailed, or (b) a year in which the State of Washington declares a drought in all or part of the Yakima River Basin pursuant to WAC 173-166-060. 5.2 In any year in which Sellers have leased the County's Water Rights before a "drought" has been confirmed or declared under either of the herein definitions, the County shall so notify Sellers of a "drought" and refund Seller's Total Lease Payment for that year. Immediately upon receipt of the lease payment refund, Sellers shall curtail all additional use of Leaseback Water for the remainder of that year . 6. Notice. Any notice or communication required by this Agreement between the County and Treat shall be given to the addresses set forth below: The ounty : Kittitas County Board of Commissioners 205 W 5th A venue, Suite 108 Ellensburg WA 98926-2887 Agreement to Lease Wat er Between Kittitas County and Treat Page 2 of 6