2024-11-25-minutes-public-works-and-cds-study-session

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':: -Water Right - GENERAL TERMS AND CONDITIONS Recitals A. Pursuant to RCW 43.21A.690, RCW 90.03, and RCW 90.44 Ecology may enter into voluntary cost - reimbursement agreements with applicants to provide for the recovery of Ecology decision -making expenditures, on behalf of that applicant, related to permit coordination, environmental review, application(s) review, technical studies, permit processing, independent consultants, current staff review, staff technical assistance, and reasonable and necessary direct and indirect costs that arise from processing the permit. B. Further pursuant to, RCW 43.21A.690, RCW 90.03, and RCW 90.44 the Washington State Legislature has stated its intent that cost -reimbursement agreements free permitting agency resources to work on review of other project permits and, in particular, small -project permits. The use of cost -reimbursement agreements must not reduce agency staff available to work on application(s) not covered by cost -reimbursement agreements. Accordingly, this intent cannot be met unless all eligible costs incurred by Ecology are reimbursed by the Applicant. Eligible costs include legal costs for processing and decision -making through any final decision by Ecology and any such subsequent venue of first legal review, e.g., Pollution Control Hearings Board, Environmental and Land Use Hearings Board, Superior Court, etc. C. Fully aware of the above provisions and the full scope and intent of RCW 43.21A.690, RCWs 90.03, and RCW 90.44, and in consideration of Ecology processing any application(s) as provided in RCW 90.03.265, the Applicant will reimburse Ecology for Ecology's decision -making costs associated with this Agreement as well as for any other such decision -making costs associated with any other application(s) which must be acted upon before the Applicant's. The Parties hereto agree as follows: A. Cost -Reimbursement Agreement. 1. Scope of Reimbursable Activities. This CRA (i.e., both Part A — Special Terms and Conditions and Scope of Work, and Part B — General Terms and Conditions) provides for reimbursement to Ecology by the Applicant for all reasonable and necessary direct and indirect costs generally described in the body of this CRA, and further described by tasks, budget detail, and schedule in Part A — Special Terms and Conditions and Scope of Work. B. Reimbursement by the Applicant. Liability for Reimbursement. Except as otherwise specifically excepted in this CRA, the Applicant is liable to Ecology for all actual and reasonable costs necessary for the tasks set forth in Part A — Special Terms and Conditions and Scope of Work to process and make decisions concerning the Applicant's permit application(s), as well as any other application(s) must be acted upon first (see Eligible Costs at II.B.2. below). Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. These tasks are more fully described in Part A — Special Terms and Conditions and Scope of Work including the identification of any senior application(s) which potentially must be acted upon before the Applicant's, without limiting the eligible costs as incurred by Ecology and reimbursable by the Applicant. Washington State Department of Ecology Cost -Reimbursement Agreement (CRA) Page 7 of 16