Resolution to Ratify WaterRightPSA2

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KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE: January 21, 2025 ACTION REQUESTED: Request to Approve the Resolution to Ratify the Chair of County Commissioner's Signature on the Trust Water Rights Purchase and Sale Agreement for Certificate Nos. S4-83717-J, S4-83719-J, S4-85214-J, S4-85193-J and S4- 852114 with Suncadia Resort LLC. BACKGROUND: Kittitas County maintains a water banking program accepted by the Washington State Department of Ecology (WDOE) and administered by the Public Works Department. Suncadia Resort LLC wishes to sell portions of their water bank. Kittitas County staff reviewed the water rights and recommended to the Board of County Commissioners that we seek funding available through WDOE for the purchase of Teanaway River and Swauk Creek water rights, given the value for both for local mitigation and instream flow needs. A valid interest in a water right, such as a purchase and sale agreement, is required to be eligible for this funding. The purchase and sale agreement is contingent on receipt of funding from WDOE. The purchase price is $14,056.73 per acre-foot consumptive use and we anticipate a potential assignment by the Department of Ecology of 169.634 acre-foot consumptive use, for of a purchase price of $2,384,500. On December 23, 2024, the Chair signed the Purchase and Sale Agreement. One identified contingency is for the Kittitas County Board of Commissioners to pass a Resolution in the ordinary course of its business ratifying the Purchase and Sale Agreement. INTERACTION: Public Works. RECOMMENDATION: Move to approve a Resolution to Ratify the Chair of County Commissioner's Signature on the Trust Water Rights Purchase and Sale Agreement for Certificate Nos. S4-83717-J, S4-83719-J, S4-85214-J, S4-85193-J and S4- 852114 with Suncadia Resort LLC. HANDLING: Return one (1) original to Public Works. ATTACHMENTS: Resolution. LEAD STAFF: Arden Thomas, Water Resource Program Manager.