Laserfiche WebLink
Contract for Services <br />Sale of Water Mitigation Certificates <br />This Contract for Services for the Sale of Water Mitigation Certificates (this "Agreement") is <br />entered into and between KITTITAS COUNTY ("the County"), a political subdivision of the State <br />of Washington, and NELSON GELBVIEH RANCH, LLC ("NGR") (hereinafter collectively referred to <br />as the "Parties"), as of this , 2021 (the "Effective Date"). <br />WHEREAS, the County operates a water banking program that provides for the sale of mitigation <br />certificates in the form of a package "A" and a package "B" ("County water mitigation <br />certificate"); and <br />WHEREAS, the 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 the County operates a metering <br />program to monitor water consumption as a condition of purchasing a County water mitigation <br />certificate from the County; and <br />WHEREAS, the County owns its own water rights and Trust Water Right Agreements and has <br />contracted with other non -County water banking entities to sell their water mitigation <br />certificates as part of the County's water banking program; and <br />WHEREAS, mitigation certificates offered through the County Bank are backed by water rights <br />the County has purchased that are held in the trust water program administered by the <br />Department of Ecology and subject to a Trust Water Rights Agreement; <br />WHEREAS, the County wishes to offer through the County water banking program mitigation <br />certificates backed by water rights from other private water banks that are held in the trust water <br />program administered by the Department of Ecology and subject to a Trust Water Rights <br />Agreement; <br />WHEREAS, NGR owns water rights held by the Washington State Department of Ecology <br />("Ecology") in the State Trust Water Right Program and is authorized to provide offsetting <br />mitigation for third parties seeking 1) to mitigate for existing groundwater withdrawals, 2) water <br />budget neutral determinations, or 3) permits for new surface and groundwater uses, as <br />authorized in the Trust Water Right Agreement, attached hereto as Exhibit A and incorporated <br />by reference ("NGR's Trust Agreement"); and <br />WHEREAS, NGR desires that the County market and sell up to 25 acre-feet of consumptive use <br />water associated the water right identified in Exhibit B attached hereto and incorporated by <br />reference ("NGR Water Right"), which is subject to NGR's Trust Agreement; and <br />