Resolution Authorize Transfer Water Right

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BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2025- AUTHORIZE THE TRANSFER OF THE WATER RIGHT S4-83608-J ASSET FROM THE SOLID WASTE DEPARTMENT TO THE PUBLIC WORKS DEPARTMENT AND AUTHORIZE CHAIR'S SIGNATURE ON WATER RIGHT QUIT CLAIM DEED AND REAL ESTATE EXCISE TAX AFFIDAVIT WHEREAS: Kittitas County purchased land and the appurtenant water right, S4-83608-J, for the lower County Transfer Station; and WHEREAS: Restricted funding from the Solid Waste fund was used to secure this property and the appurtenant water right; and WHEREAS: The appurtenant water rights will no longer be needed on the purchased property as it is developed for Solid Waste purposes; and WHEREAS: The Public Works Department operates a water bank for public purposes; and WHEREAS: The Public Works Department proposes to manage water right S4-83608-J as part of the Kittitas County water bank so that this water right can support groundwater mitigation needs within Kittitas County; and WHEREAS: An application to change the purpose and use for water right S4-83608-J to instream flow and mitigation was made to the Department of Ecology, to be processed by the Kittitas County Water Conservancy Board and assigned application no. CS4-83608-J; and WHEREAS: On February 18, 2025 the Kittitas County Water Conservancy Board granted conditional approval for CS4-83608-J, pending Ecology's review, modification, and approval, which was granted on May 7, 2025; and WHEREAS: Pursuant to RCW 43.09.210(3) when an asset transferred is between funds of the same local government, it is paid for at its full value by the fund which receives it; and WHEREAS: Amendment 1 to the Water Resources Water Banking Pilot Agreement between the State of Washington Department of Ecology and Kittitas County Public Works Department (WRWBP-2123-KiCPWD-00010) provides funding for water right S4-83608-J to be acquired and managed for water banking purposes; and WHEREAS: Public Works will pay Solid Waste the original purchase price for the water right asset, $1,020,500; WHEREAS: Pursuant to the Washington State Legislation funding Grant Agreement WRWBP-2123- KiCPWD-00010, one-third (1/3) of the consumptive use authorized for transfer by CS4- 83608-J is to be dedicated to instream flows benefiting fish and wildlife and the remaining two-thirds (2/3) will be available for water banking purposes; and WHEREAS: Water rights managed for water banking purposes must be transferred into the Washington State Trust Water Rights Program via Quit Claim Deed and Real Estate Excise Tax Affidavit to the Department of Ecology;