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Purchase and Sale Agreement
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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
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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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DESCRIPTION OF PROPOSED WORKS <br />The proposed rvor*s include a total of up to 100 wellq supplying up to I,000 gallons per minute (gpm) of wator for domestic supply for up <br />to 145 r€sidences, using an average of350 gallons per residence per day year-round" and inigating up to 500 square fe€t (sq. ft.) per <br />residence for a total of 1.664 irrigakd acres. The wells and places of use will be within the place of use desaibed above. This describes <br />the total system and total water quantities and devoloprnent authorized for this Swauk Water Banb in sum, utilizing the eiglrt (8) different <br />groundwater sourccs ofsupply, $rder aulhority of8 pennits, G4-35541-G4-35548. <br />The authorized place ofus is owned by multiple private landowners. The intention ofthe combined applicants is to obtain permits <br />authorizing the use of public grormdwater in the requested mnounts to be mitigated by a portion of the 1877 First Creek Water Users <br />Association water righr The 18?7 water rights provide water budget ileuhality, required by WAC 173-539A, for up to 145 new domestic <br />uses within the dofined portion ofthe Swauk Creek subbasin. <br />A mix of individual and small public water supply systcms will be devoloped. <br />ln sum, the total withdrawal ofwater from all I different groundwater sources shall not sxcged the quantities authorized for ths Swauk <br />CreekWaterBank: uptol00wells,uptol,000gpmofwaterfordomesticsupplyforuptol45hornes,includingupto500sq.ftof <br />inigation pcr rcsidence for a total of 1.664 acrcs ofresidential inigation, <br />rULL USE <br />October 31,2013 October 31,2033 <br />General <br />You (applicant) will resord with the Kittitas County Auditor e pmperty covenant as required undu WAC 173-539A-050 thal rostricts or <br />prohibits tees or shrubs over a septic drain field. <br />You (applicaut) tvill record wifb the Kitfitas Cormty Auditor an appropriate conveyanco instrument under which the applicant obtairu an <br />interest inTrustWaterRigbtNos. CM-00648(AA)sb4-b andCS440648(AA)sM-c(A) to offsetconsumptiveuse. <br />Any valid priority calls agairst the source Trust Water Right Nos. CS4-00648(AA)sb4-b and CS4406a8(AA)sb4+{A), based on local <br />limitations in water availability, will result in temporary reduction or curtaiLnent of the use util the priority call for waler ends, or until <br />other mitigation is supplied as provided in the water monitoring and management plan. <br />The Deparmtent of Ecolory cannot ensure that "a formatiorl a group of formations, or part of a fomation that contains sufficient safrated <br />permeabld material to yield economical [domestic] quantities of watcr to wells . . ." will be encountered. <br />'lhe applicant and each iandowner (mitigation crcdit purchasei) shall submit an assignment form to the Departnent ofEcology describing <br />the specific intorest ofthe mitigation credit purchaser in this pennit. <br />Prior to assigrunent of any porlion of this watcr 10 I third party, the peImittce must submit and the Depar8nent of Ecolop must approve a <br />water moniloring and management plan consistent with the plan required for the two mitigating tust water rights, CS4{0648(AA)sM-b <br />and CS4-00648(AA)SM-(A). <br />Wcll Construction Reqdrements <br />Because Groundwater Unit 1 (C4-35541) and Groundwater Udt 2 (G+35542) are marginal in naturg it is recommended that wells be <br />located as far.from each of these units' westem outer boundaries as possible. A minimum 100-foot spacing from existing.wells is rcquired <br />in Units I and 2. <br />Wells drilled thrsush Grormdwater Unit 3 (C+35543) and into underlying Groundwater Unit 2 slnll be required, at minimur& to have a <br />solid casing trougfi Unit 3. The location and consauction of any well proposed wit}iu the E%SWZI of Section 34, T' 20 N.' R 17 E.W.M. <br />must receite specific prior review and written approval from the Deparkncnt ofEcolory to ensure that walsr levels within Unit 3 in the <br />vicinity of the Dunford and McCallum Springs will not be lowered by pumping from the new well. <br />Wells drilled !@UgL Groundwat€r Unit 4 (G4-355,14) and into an underlying unit shall be required, ar minimun! to have a solid ca.sing <br />tkough Unit 4. A minimum iO0-foot spacing from existing wells is required withh the Unit 4 boundaries. <br />Within the Unit 4 boundaries, specifically from the southem e),tent of Hidden Valley in the NW% of Section 33, T. 20 N., R 17 E.W.M., <br />north to the northem boundary ofthe proposed place ofuse for these eight permit applicatiors in the S% olsection 22 and extrnding into <br />the SW% of Section23, T.20N., R l7 E.W.M.' <br />Welts drilled throueh Unit 4 into underlying goundwater units shall bb cased and sealed a minimum of 100 feet into the under$ing unit or <br />to a depth identified by the Departrnent ofEcologr technical staffduring coDsultation prior to drilling. <br />Groundwater Unit 5 has rcgions where wells will encounter significanr clays and likely result in low yield and slow recovery wells. <br />Additionally, Unit 5 has areas of perched and +hin saftraled thicknesses. Thersfore, a minimum 100-foot spacing tom existirg wells is <br />required in-Unit 5. If new water ussrs are not able to successfirlly develop a well in Unit 5, they may inslead consider &illing into an <br />unierlying groundwaler unig which depending on locatiog may be Unit ? (G4-.3554?, cental and nortir), UniS 1 or 2 (south and southeast) <br />or Unit 8 (G,t-35548, north). Such wells shall be rcquired to havc a solid casing througlr Unit 5' <br />Wellg Well l,ogs' and Well Construction Standards <br />Ail iels consiricted in the state shall meet the construction requinements of WAC 173-160, titled "Minimum Standards for fte <br />ConstudtionandMaintetanccofWells"andRCWls.l04,titled*Wate.rWellConsfuction." Anywellwhichisurusable,abandone4or <br />whose use has been permalently discontinued, or which is in such diuepair that its continued use is impractical or is an environmental, <br />safety or public health hazard, shall be decommissioned' <br />PERMIT IVRTS File No. G+35545I <br />October 3 1, 2032 <br />t
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