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as those rights subject to adjudication and determined pursuant to the water basin adjudication <br />generally described as State of Washington v. Acquavella. <br />In defining water rights for purposes of this critical areas ordinance, no water rights as determined <br />under state law, including the Acquavella litigation, are available for fish or wildlife habitat, and may <br />not be considered for purposes of application of this critical areas ordinance. <br />Water rights and waters covered by the stipulation entered in the Acquavella adjudication, as to all <br />sub-basins in Kittitas County, dealing with water rights as confirmed for Nondiversionary stock and <br />wildlife watering shall not be considered for purposes of application of this critical areas ordinance. <br />The stipulation referred to is incorporated by reference, and set forth as follows for clarity. <br />1. Waters in natural watercourses in the subbasin shall be retained when naturally <br />available, in an amount not to exceed 0.25 cubic foot per second (cfs), for stock water <br />uses in such watercourses as they flow across or are adjacent to lands, which are now <br />used as pasture or range for livestock. Retention of such water shall be deemed senior <br />(or first) in priority, regardless of other rights confirmed in this cause. Regulation of <br />these watercourses by the plaintiff shall be consistent with such retention requirements. <br />2. Water in natural watercourses in the subbasin shall be retained when naturally available, <br />in an amount not to exceed 0.25 cubic foot per second (cfs), for wildlife watering uses in <br />such watercourses as they flow across or are adjacent to lands, which are now used as <br />pasture or range for wildlife. Retention of such water shall be deemed senior (or first) in <br />priority. <br />3. Waters in naturally occurring ponds and springs (with no surface connection to a <br />stream) in the subbasin shall be retained for stock water uses, when such ponds and <br />springs are located on or adjacent to lands which are now used as pasture or range for <br />livestock. Said uses embody entitlement to a level in the water bodies sufficient to <br />provide water for animals drinking directly therefrom while ranging on riparian lands, <br />and with the same priority as provided in paragraph 1. Regulation of the ponds and <br />springs by the plaintiff shall be consistent with such retention requirements. <br />4. Waters in naturally occurring ponds and springs (with no surface connection to a <br />stream) in the subbasin shall be retained for wildlife watering uses, when such ponds <br />and springs are located on or adjacent to lands which are now used as pasture or range <br />for wildlife. Said uses embody entitlement to a level in the water bodies sufficient to <br />provide water for wildlife drinking directly therefrom while ranging on riparian lands, <br />and with the same priority as provided in paragraph 2. Regulation of the ponds and <br />springs by the plaintiff shall be consistent with such retention requirements. <br />5. Nothing in this stipulation mandates that any lands, associated with water rights or <br />water retention as provided herein shall be reserved for wildlife purposes. <br />(Ord. 94-22 (part), 1994). <br />17A.02.300 Waters/water typing system. <br />"Waters" includes all surface waters not otherwise owned pursuant to water rights established under <br />state law, as defined in Section 17A.02.290. A "water typing system" is a classification system for <br />certain streams, lakes and ponds. The state of Washington for its purposes has adopted a five-tier