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16. RIGHTS OF THE GENERAL PUBLIC to the unrestricted use of all the waters of a navigable body of water not <br />only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, <br />boating. bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the <br />tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or <br />artificially to a maintained or fluctuating level, all as further defined by the decisional law of this state. (affects all of <br />the premises subject to such submergence.) <br />17. PENDENCY OF YAKIMA COUNTY SUPERIOR COURT CAUSE NUMBER 77-2-01484-5, State of Washington <br />Department of Ecology, plaintiff vs. James J. Acquavells, at al, defendants; notice of which is given by Lis <br />Pendens recorded on October 14, 1977 under Auditor's file number 417302 and by supplemental notice of Lis <br />Panders recorded on June 4, 1980 under Auditor's file number 442263; being an action for the determination of <br />the rights to divert, withdraw, or otherwise make use of the surface waters of the Yakima River Drainage Basin, in <br />accordance with the provisions of Chapters 90.03 and 90,44, Revised Code of Washington. <br />Attorney for plaintiff, Charles B. Roe, Jr., Swim Assistant Attorney General <br />NOTE. The policy/policies to be issued include as one of the General Exceptions 'Water rights, dams or fide to <br />water', the action referred to herein involves such water rights and so will not appear on said n fcv/policies as a <br />Special Exception <br />See next page for notes <br />Order No. 3 54 Page 6 <br />Comndmcrd KG1 Kilwas lade and Escrow ewing agent fa VJesicor Lam Title Insurance <br />CoWany <br />