Exhibits A, B , & C - Laserfiche WebLink

Home Browse Search

Sellers' Cancellation Right under Section 8.1, the County will promptly proceed with the filing of the Change Application as herein provided. 5.2 Chnnqe Annlie#ion Filins nn.l Fccq. The County will prepare and deliver to Sellers one or more counterpart applications (collectively, "the Change Application"), in the form prescribed by Ecology, for the change of the entire Water Right to the State Trust Water Rights Program. Sellers shall duly sign all counterparts of the Change Application and deliver to the County original signed counterparts of the Application. The County will file the Change Application with Ecology. The County and Sellers will split evenly the processing costs associated with the Change Application or its approval by Ecology, commencing on the Effective Date, including the costs of retaining Aspect Consulting to assist in the completion of the processing of the Change Application, EXCEPT that total Change Application expenses allocated to Sellers, including Aspect Consulting expenses, shall not exceed Fifteen Thousand Dollars ($15,ooo.oo). The County and Sellers will cooperate in all aspects of the Change Application process, The parties understand that Ecology will issue the final decision on the Change Application. If the change decision issued by the Department of Ecology is appealed by a third party, the County has the right to terminate this Agreement. 5.3 Sellers' Reserved Ouantity. The Change Application will request approval for future use of Sellers' Reserved Quantity on Kittitas County parcel numbers l8-20-18000-0030, 18-20-18000-0031 and l8-20-18000-006 for domestic use in one or more homes, non-commercial lawn and garden irrigation and livestock watering. Sellers' Reserved Quantity shall not be exercised prior to termination of any irrigation water leaseback arrangements as may be entered into between County and Sellers pursuant to Section 10 ofthis Agreement. 6. Ecolow Detcrminntion of Trust Waler Risht. The Sale Quantity to be purchased by the County will be that portion of the Water Right that Ecology determines to be valid and available for transfer to the Trust Water Rights Program, less Sellers' Reserved Quantity, as stated by Ecology in its report of examination or other statement of factual findings (collectively, "the Report of Examination"). The County and Sellers understand that (i) the amount of the Trust Water Right will be based upon the actual historical use of water pursuant to the Water Right, (ii) in quantiffing the Trust Water Right, various factors such as consumptive use, conveyance losses, and return flows are taken into account by Ecology, and (iii) the Trust Water Right will include a smaller area of use and a lesser quantity of water than is included within the entire Water Right. 7. Ecologv Review. Assumotion of the Risk. and Hold Harmless. Sellers recognize that part of the water right change application process requires Ecology to make a tentative determination of the extent and validity of the Water Righf Sellers also recognize that Ecology, in processing the change of the Water Right, follows certain Purchase and Sale Agreement Between Kittitas County and James and Hazel Treat Page 3 of l3