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Water Right Priority Date Qi Qa G4-25791C(A) 3/6/1978 26.5 GPM 11.5 G4-257910(B) 3/6/1978 26.5 GPM 11.5 54-83089-J 12/17/1973 0.06 CFS 48.5 The water rights for the SkiTur Community (54-83039) are listed under the attached "Revised Order Limiting Post-1905 Diversions During Periods of Water Shortage," which states that: "..., in any year in which the U.S. Bureau of Reclamation implements prorationing, those parties who have rights to divert water from the Yakima River or its tributaries with a priority date later that May, 101905 shall cease all diversions of water from the Yakima River or its tributaries during the period of time when a proratable water user receives less than its full entitlement." The Department of Health has authorized the following number of connections for the group A and B systems respectively, even though these rights are Junior and subject to curtailment. Water System Name Group I-- Approved Calculated Connections Connections Ski Tur Valley A 65 39 Star Water B 52 5 In the same area, Yakama Nation also holds a time immemorial water right (54-84764) for "the minimum instream flow necessary to maintain fish and other aquatic life." YN-DNR formally requests reassessment of the number of authorized connections for these water systems. The water rights relied upon by these two water systems clearly threaten Yakama Nation's Treaty -reserved rights, proratable users and ultimately violate the ESNs prohibition on take. Continued development of the water systems using unreliable water rights puts the entire community at risk and exacerbates an existing problem. Action is needed by the Departments of Ecology and Health to avert this undesirable outcome. Thank you, Philip Rigdon, Superintendent Yakama Nation Department of Natural Resources Encl: Revised Order Limiting Poat-1905 Diversions During Periods of Water Shortage, Case No. 77-2-01484-5, March 10, 2005