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INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD <br />CONTROL ZONE DISTRICT AND ELLENSBURG WATER COMPANY <br />This Interlocal Agreement is made and entered into this • day of , 2025, by and <br />between Kittitas County through the Kittitas County Flood Control Zone District (hereinafter the <br />"KCFCD") and the Ellensburg Water Company (hereinafter the "EWC"). <br />RECITALS <br />WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the <br />Revised Code of Washington ("RCW"), provides for public agencies to enter into agreements for <br />joint or cooperative action authorized under that chapter; and <br />WHEREAS, KCFCZD and the EWC are public agencies within the meaning of chapter 39.34 <br />RCW; and <br />WHEREAS, Kittitas County established a County -Wide Flood Control Zone District pursuant to <br />Chapter 86.15 RCW for the purpose of addressing flood management needs within the county; <br />and <br />WHEREAS, RCW 86.15.035 provides for flood control zone districts to participate in and <br />expend revenue on cooperative watershed management arrangements and actions for purposes of <br />water supply, water quality, and water resource and habitat protection and management; and <br />WHEREAS, per an agreement by and between SSHI LLC, d/b/a D.R. Horton and Kittitas <br />County effective November 2°d, 2021 D.R Horton had agreed to remove flood deposited <br />sediment from the EWC canal until January 24, 2025 or up until the flow restrictor at the Bender <br />Road culvert was removed, whichever event occurred first; and <br />WHEREAS, the flow restrictor at the Bender Road culvert remains in place while the KCFCZD <br />continues to work to construct the EWC siphon project; and <br />WHEREAS, the FCZD desires to compensate EWC for cost incurred to remove flood deposited <br />sediment from the EWC canal until March 31, 2027 or up until the flow restrictor at the Bender <br />Road culvert is removed, whichever event occurs first; <br />NOW THEREFORE, it is agreed as follows: <br />TERMS <br />Legal Basis. This Agreement is entered into pursuant to Chapter 39.34 (the Interlocal <br />Cooperation Act), and Chapter 86.15 RCW (Flood Control Zone Districts). <br />INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE <br />DISTRICT AND ELLENSBURG WATER COMPANY <br />