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WATER RIGHT PURCHASE AND SALE AGREEMENT <br />This Purchase and Sale Agreement ("this Agreement") is entered into between, <br />Kittitas County, a political subdivision of the State of Washington (hereinafter ' the <br />County"), and James and Hazel Treat (hereinafter "Sellers"), as of \.1-A/i... ;J(g dO J.1 <br />2017 ("the Effective Date"). J 1 <br />Factual Background <br />A. Sellers own Water Right Certificate No. S4-84509-J, filed as Water Right Claim <br />No. 01141 and confirmed in the Yakima Superior Court Ecology v. Acquavella <br />adjudication, which are more fully described in Exhibit A attached hereto (hereinafter <br />"Water Right"). The Water Right has been confirmed for the withdrawal of 1.2 cubic- <br />feet per second ("cfs"), 275.64 acre-feet per year ("AF/year") for irrigation of 60 acres <br />between April 15 and September 15, and year-round stockwater, with a priority date of <br />June 30, 1872 . <br />B. The County is interested in purchasing the Water Right which currently is <br />appurtenant to Kittitas County parcel numbers 18-20-18000-0030, 18-20-18000-0031, <br />18-20-18000-0006, 18-20-18000-0032 and 18-20-18000-0033, which together comprise <br />95.4 acres, as more fully described in the legal description attached as Exhibit B hereto. <br />C. Sellers wish to reserve the quantity of nine (9) acre-feet per year of consumptive <br />use water under Water Right for their future personal use ("Sellers' Reserved Quantity"). <br />The remainder of the Water Right not reserved by Sellers is hereinafter referred to as the <br />"Sale Quantity." <br />D. The County intends to transfer the entire quantity of water ultimately deemed to <br />have been beneficially used under the Water Right to the Washington State Trust Water <br />Rights Program pursuant to Chapters 90.42 and 90.38 RCW, with the County's <br />purchased portion thereof (the Sale Quantity) to serve as mitigation for existing and/or <br />future groundwater withdrawals in Kittitas County. Similarly, Sellers' Reserved Quantity <br />may be accessed in the future by Sellers to satisfy their personal water needs. <br />E. Sellers desires to sell to the County and the County desires to purchase from <br />Sellers the Sale Quantity and to take such other actions as herein provided. <br />Agreement <br />For valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the County and Sellers agree as follows: <br />1. Purchase Price for Sale Quantity under Water llight. The purchase price for the <br />Sale Quantity is Four Thousand Six Hundred Thirty-Two Dollars and Forty-Five Cents <br />Purchase and Sale Agreement <br />Between Kittitas County and <br />James and Hazel Treat <br />Page I of 13