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2018-04-09-minutes-cds-study-session
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2018-05-15 10:00 AM - Commissioners' Agenda
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2018-04-09-minutes-cds-study-session
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Last modified
5/12/2020 1:59:12 PM
Creation date
5/12/2020 1:58:58 PM
Metadata
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Meeting
Date
5/15/2018
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
a
Item
Approve Minutes
Order
1
Placement
Consent Agenda
Row ID
44613
Type
Minutes
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Contract For Services <br />Sale of Water Mitigation Certificates <br />This Contract for Services for the Sale of Water Mitigation Certificates ("this <br />Agreement") is entered into between KITTITAS COUNTY ("the County"), a <br />political subdivision of the State of Washington, and Reecer Creek Water Right, LLC <br />("RCWR") (hereinafter collectively referred to as "the Parties"), as of <br />2018 ("the Effective Date"). <br />Whereas: the County operates a water banking program that provides for the sale of <br />water mitigation certificates in the form of a package "A" and a package "B" <br />("County water mitigation certificate"); and <br />Whereas: the County requires a water mitigation certificate as one of the means to <br />show adequate provision of potable water for the issuance of a building permit; and <br />Whereas: the County operates a metering program to monitor water consumption as a <br />condition of purchasing a County water mitigation certificate from the County: and <br />Whereas: RCWR has water rights held by the Department of Ecology in the <br />Washington Trust Water Rights Program authorized to provide offsetting mitigation <br />for third parties seeking 1) to mitigate for existing groundwater withdrawals, 2) water <br />budget neutral decisions, or 3) permits for new surface and groundwater uses, as <br />authorized in the Trust Water Right Agreement, attached hereto as Exhibit A and <br />incorporated by this reference ("RCWR's Trust Agreement"); and <br />Whereas: RCWR desires that the County also market and sell water associated with <br />RCWR's Trust Agreement ("RCWR's water"); and <br />Whereas: the County desires to contract with RCWR to market and sell RCWR's <br />water under the terms of this Agreement so that the County can ensure availability of <br />water to its citizens consistent with the County's water banking program while also <br />retaining the water rights that the County currently owns for as long as possible. <br />NOW THEREFORE, the Parties agree as follows: <br />1) Scope of services to be performed by the County. <br />(a) The County will sell RCWR's water in the form of a County water <br />mitigation certificate, at the same prices and under the same terms, as <br />those offered by the County. <br />(b) Purchasers buying RCWR's water will be required to pay the necessary <br />fees and agree to the terms for being a part of the County's metering <br />program. <br />
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