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Trust Water Right Agreement between Washington Department of Eeology and.S.F. and Jan lR.oan This Trust Water Right Agreement is made and entered into as "-fjh: 4O^I ;;n;;;L';01;,uy"""0 tJt*een the washington state Deparhnent of Ecologv, state i;tr{ffir'Rightprier"ot ('Ecology'') and lP. and Jan Roan (n'Roan')' Whereas, Ecology is the hustee of the Yakima River Basin Trust Water Rightl Program (.:T*;tt'r, *.rtnitir"A under Chapter 90.38 RClf and Chapter 9A,42RCWI and Whereas, Roan is the owner of certain water rights PqIT:t Ct":!I theswauk Creek Basin as more particularly.described and quandfied in Exhibit A ('Vatet') such exhibit being attached iereto and incorporated hereiru and Whereas, the Roan Water Rights arise from Water Right Claim Number 00648 and are j"ii.rt rr.-C;;ditt.r"l nnur:Ogqin Wastrineton v. Acquavell@ Yakima CouStty Suierior Court Cause N6- 77 -2-01484'5; and Whereas, Roan submifted a Trust Water Right AppLi:ation to Ecology,, WRTSIiIe No' CS4-00648(AA)sb+b'li'Ro*'t Applicatioi No, i'1, to place a portion of the Roau ## ii#; ilift; Tiust for the iurpose of enhancing insgeam florrys and providing mitigation water to offset and allow foi new water uses within the Yakima River basin; and whereas, Ecology has aceepted Roan's Application Io. 1' gompteted lt9 exaypation of th" ;;;J uiiiaiil of ltl *"ttt ti$rt itiU:ot to that application and iszued its Report of Examination on fune 17, 2011; and whereas. Roan submitted a Trust water Right Application to Ecology, wRTS.File No. Cs4-00643tgnp+ciei ('Roan's Application No. 2"), to place a portion of the Roan WJe, Righi into the-iruiWtto nigitig Program fo.r the purposeof enha.c11S instrearu n"*, a"rirg trre wiit"r r".to" and piovidingiroitigation water to offset and allorv for new water us.s withiu the Yakima River basi$ and Whereas, Ecologahas accepted Roa$'s Applioation Not 2t.has completed its examination of the extent and validity or tnt water tigltt subject to lh-at application" and issued its i*JW"t"t Right R;p* oiniamioutiorion aprit t1, 2Al?. The ROis documeut the tentative determination of extent and validity, including quantification. of the conzumptive'goAtttigy *ro.irt a with the right, and are attached hereto as Bxhibits C and D and incoryorated bY reference: md whereas. subj ect to the terms of this Agreemort and the. Applicationt' -F-:9logy. eonfirms that it is willing, able and authorized tohold the Water into the Trust ("Water in Trust") as provided forhereinl and Whereas, Ecology has accepted Roan's application fot- 1"Y uses of groundwater re{ng on [o*;, epffcation No. I and Roan's Application No ? as mitigation' Ecology has acce,pted Roan's application for new ur.t of groundwater, divided that application into 8 1