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BOARD OF COUNTY COMMISSIONERS <br />COUNTY OF KITTITAS <br />STATE OF WASHINGTON <br />RESOLUTION NO. 2021 - <br />Resolution to Authorize Execution of a Contract for Services between Kittitas County and <br />Nelson Gelbvieh Ranch, LLC for the Sale of Mitigation Certificates <br />WHEREAS: Kittitas County operates a water banking program that provides for the sale of <br />mitigation certificates in the form of a package "A" and a package `B" ("County <br />water mitigation certificate"); and <br />WHEREAS: Kittitas County requires a water mitigation certificate as one of the means to show <br />adequate provision of potable water for the issuance of a building permit; and <br />WHEREAS: As required by Kittitas County Code 13.40.030 Kittitas County operates a <br />metering program to monitor water consumption as a condition of purchasing a <br />County water mitigation certificate from Kittitas County; and <br />WHEREAS: Kittitas County owns its own water rights and Trust Water Right Agreements and <br />has contracted with other non -County water banking entities to sell their water <br />mitigation certificates as part of Kittitas County's water banking program; and <br />WHEREAS: Mitigation certificates offered through the Kittitas County Bank are backed by <br />water rights Kittitas County has purchased that are held in the trust water program <br />administered by the Department of Ecolog and subject to a Trust Water Rights <br />Agreement; and <br />WHEREAS: Kittitas County wishes to offer through the Kittitas County water banking <br />program mitigation certificates backed by water rights from other private water <br />banks that are held in the trust water program administered by the Department of <br />Ecology ("Ecology") and subject to a Trust Water Rights Agreement; and <br />WHEREAS: Nelson Gelbvieh Ranch, LLC ("NGR") owns water rights held by Ecology in the <br />State Trust Water Right Program and is authorized to provide offsetting <br />mitigation for third parties seeking 1) to mitigate for existing groundwater <br />withdrawals, 2) water budget neutral determinations, or 3) permits for new <br />County service areas and sell up to 25 acre-feet of consumptive use water which <br />is subject to NGR's Trust Agreement; and <br />WHEREAS: Kittitas County desires to contract with NGR and NGR desires to contract with <br />Kittitas County for Kittitas County to sell water mitigation certificates associated <br />with the NGR Water Right under the terms of the attached contract; <br />NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners authorizes <br />execution of the contract attached hereto and incorporated herein. <br />