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MEMORANDUM OF AGREEMENT <br />BETWEEN <br />TROUT UNLIMITED <br />AND <br />KITTITAS COUNTY <br />TJOSSEM DITCH WATER RIGHTS SUPPORT <br />THIS MEMORANDUM OF AGREEMENT ("MOA") is made and entered into by and between <br />Trout Unlimited and Kittitas County. <br />WHEREAS, Kittitas County has purchased land and water rights previously associated with <br />Tjossem Ditch to advance floodplain management, water right portfolio, and back mitigation for <br />historic groundwater exempt water use goals; and <br />WHEREAS, a floodplain management, streamflow improvement and habitat enhancement goal <br />associated with these purchases is to extinguish all water use from the Tjossem Ditch, which diverts <br />from the Yakima River; and <br />WHEREAS, Trout Unlimited, a non-profit organization working to recover rivers to benefit native <br />trout and salmon, has been working with Tjossem Ditch water right holders to fulfill their water <br />rights from alternative sources; and <br />WHEREAS, Trout Unlimited has secured $470,000 in funding to enable Tjossem Ditch water right <br />holders to fulfill their water rights from alternative sources; and <br />WHEREAS, Trout Unlimited requires an additional $80,000 to complete all work needed to <br />complete the project; and <br />WHEREAS, Kittitas County desires to provide up to $80,000 in funding to ensure that the project be <br />completed and ensuring that 14 cubic feet per second remains instream and that flood control <br />measures are not taken to protect the point of diversion. <br />NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth <br />herein, it is agreed by and between Trout Unlimited and Kittitas County agree as follows: <br />I. SCOPE <br />Kittitas County will provide up to $80,000 in funding, allocated on a refundable basis, to Trout <br />Unlimited, to implement the Tjossem Ditch Retirement Project to completely close Tjossem Ditch. <br />The Tjossem Ditch Retirement Project implements the series of water right dispositions shown in <br />Appendix A. <br />111. PERIOD OF PERFORMANCE <br />This Agreement will go into effect on April 1, 2023, and shall be in place until December 31, 2024, <br />unless terminated sooner as provided herein. <br />III. PROVISOS <br />A. Nothing in this MOA is intended to create any rights in any parry not a party to this MOA nor <br />third -parry beneficiaries. <br />