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Purchase and Sale Agreement
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12. December
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2024-12-17 10:00 AM - Commissioners' Agenda
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Purchase and Sale Agreement
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Last modified
1/7/2025 9:10:20 AM
Creation date
1/7/2025 9:09:56 AM
Metadata
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Template:
Meeting
Date
12/17/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution to Ratify the Chair's Signature on the Trust Water Rights Purchase and Sale Agreement with James P. Roan and Jan Road and to Authorize Chair Signature on Closing Documents
Order
17
Placement
Consent Agenda
Row ID
125170
Type
Resolution
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chapter 90.44 RCW utilizing suoh portion of the water in Tnrst as reasonably needed <br />unai, tit" quantiry attocationiet out in Exhibits C and D which. together with any other <br />proposed mitigaiion measures, shall reasonably offset the impacts of such new <br />withdrawal. <br />3.3, If a new application for water right permit- is submitted' Ecology will <br />prepare a public notice anC send it to ths applicant for pubiication in a newspaper with <br />;;;Lal ciiculation in the area as required by Chapter 90.03 RCW, The applicant rnust <br />iuOfirn the notice and ensure tirat tht newsPaPof hansmits an affidavit of publication to <br />Ecology. <br />3.4. If a request for detemination ofwater budget neutrality or applieation for <br />water rigbt pemit ir. iUU*itt d, Ecology will complete a Water Transfer Working Group <br />(iwTw"G"f proj*t description ana wiu ptes.nt it to the WTWG' Ecology' in <br />consultation with the U-S. Bureau of Reclamation. may determine if some or all of the <br />wui., in Trust wiri oe assigned to the Reclamation-Ecology storage and delivery <br />exchange contract. <br />3.5 If a request to assign a portion of one or -more of the 8 groundwater <br />permits mitig.t.d by ttre Water in fnrst ii submitted to Ecology, EcologV will accept the <br />assignment una prwiae an acknowledgeuent of the acceptance to Roan in a timely <br />manner. <br />3.6, Ecology will investigate the neru application for water right permit or <br />request for a deterilination of water budget nlutrality and prepare a Report of <br />Examination or determination as appropriatl recornmending issugcg or denial of a <br />Ft-t; deteminati;;:Uased'on uppii"ubt" poiicy, rule-s,1nd law' Ecology's review of <br />iew applications and water budgCf neutral requ"sts shtll also include the following <br />consideration: <br />3.7 In order to develop and confirm performance standards as set forth in <br />clrapter 173-53g1wac ot*yr&pective report if examination, Roan and/or such third <br />f"rry tt aff provide iniormation to reasonably shoy or estimate, as thg case may be' that <br />lf," .onr*btiue *rt oith" p*posed projict, when offsej by the mitigation Water in <br />t*rt *A any other ptop"..a'*iiigation m..rut"t, do not increase the consumptive use <br />of water. <br />3.g. Ecolory's penuit refative to a new application or its water budget neutal <br />detennination wi1sp;ify the conditions and limitations on the use of water in a manner <br />consisterrt with the iiaterield in the Yakima Pilot Water Bank as mitigation. Conditions <br />;#G ;; *.*"rittg and reporting water use and for reimbursement of any Ecology <br />,ort, frU abo be inciuded in tne p.tmit orwater budget neunal determination. <br />3.g. In the event Ecology prepares to issue a1 ROE or water budget neutral <br />determination for a trew application. ii will publish on its internet site' <br />4. After entering into a contract with a third party to provide a portion of the water <br />in Trust as mitigation, Roan shall: <br />4.1. Cause an escrow to be opened for such transaction at the Escrow Agent <br />upon the mutuai execution and deposit of the fully executed agleement between Roan <br />3
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