Resolution_MOA with Trout Unlimited

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MEMORANDUM OF AGREEMENT BETWEEN TROUT UNLIMITED AND KITTITAS COUNTY TJOSSEM DITCH WATER RIGHTS SUPPORT THIS MEMORANDUM OF AGREEMENT ("MOA") is made and entered into by and between Trout Unlimited and Kittitas County. WHEREAS, Kittitas County has purchased land and water rights previously associated with Tjossem Ditch to advance floodplain management, create a water rights portfolio for mitigation of new uses, and secure back mitigation for historic groundwater exempt water use goals; and WHEREAS, a floodplain management, streamflow improvement, and habitat enhancement goal associated with these purchases is to extinguish all water use from the Tjossem Ditch, which diverts from the Yakima River and conveys water across the floodplain; and WHEREAS, Trout Unlimited, a Michigan non-profit organization working to restore rivers and recover and conserve native trout and salmon, has been working with Tjossem Ditch water right holders to fulfill their water rights from alternative sources; and WHEREAS, Trout Unlimited has secured $470,000 in funding to enable Tjossem Ditch water right holders to fulfill their water rights from alternative source ("the Tjossem Ditch Retirement Project Project'); and WHEREAS, Trout Unlimited requires an additional $80,000 to complete all work needed to complete the Tjossem Ditch Retirement Project; and WHEREAS, Kittitas County desires to provide up to $80,000 in funding to ensure that the Tjossem Ditch Retirement Project be completed and to ensure that 14 cubic feet per second of water associated with water rights formerly diverted through the Tjossem Ditch remains instream in the Yakima River and that flood control measures will no longer be needed to protect or maintain the Tjossem Ditch point of diversion. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Trout Unlimited and Kittitas County as follows: I. SCOPE Kittitas County will provide up to $80,000 in funding, allocated on a refundable basis, to Trout Unlimited, to implement the Tjossem Ditch Retirement Project to completely close Tjossem Ditch. The Tjossem Ditch Retirement Project implements the series of water right dispositions shown in Appendix A. H. PERIOD OF PERFORMANCE This Agreement will go into effect on April 1, 2023, and shall be in place until December 31, 2024, unless modified as provided herein.