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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