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EXHIBIT ATO TAX AFFIDAVIT <br />LEGAL DESCRIPTION <br />Up to 2.27 cubic feet per second, from February 1 through November 30, <br />362.02 acre-feet per year, instream in a primary reach beginning at the <br />authorized point of diversion on Reecer Creek at a point 900 feet north and <br />1,100 feet west from the east quarter comer of Section 28, being within the <br />NE'Y4SE%NE% of Section 28, Township 18 North, Range 18 East Willamette <br />Meridian (E.W.M.), and ending at a point located 1,390 feet south and 860 <br />feet west from the northeast comer of Section 33 (within the SE%NE% of <br />Section 33, T. 18 N., R. 18 E.W.M.) and up to 0.456 cubic feet per second, <br />94.91 acre-feet per year, instream in a secondary reach beginning <br />approximately at a point located 1,390 feet south and 860 feet west from <br />the northeast comer of Section 33 (within the SE%NE% of Section 33, T. 18 <br />N., R. 18 E.W.M.), and extends downstream to the confluence of Reecer <br />Creek and the Yakima River, and further downstream along the Yakima <br />River to the Yakima Canyon within Kittitas County at river mile 127 within <br />the SE%NW'% of Section 33, T. 15 N., R. 19 E.W.M. This instream flow and <br />mitigation right was established in Change Authorization CS4-83608-J(A) <br />(KITT-23-008) and was historically appurtenant to real property situated in <br />the County of Kittitas, State of Washington. <br />AND <br />Up to 1.135 cubic feet per second, from February 1 through November 30, <br />181.01 acre-feet per year, instream in a primary reach beginning at the <br />authorized point of diversion on Reecer Creek at a point 900 feet north and <br />1,100 feet west from the east quarter corner of Section 28, being within the <br />NE%SE%NE'Y4 of Section 28, Township 18 North, Range 18 East Willamette <br />Meridian (E.W.M.), and ending at a point located 1,390 feet south and 860 <br />feet west from the northeast corner of Section 33 (within the SE'/NE% of <br />Section 33, T. 18 N., R. 18 E.W.M.) and up to 0.228 cubic feet per second, <br />47.46 acre-feet per year, instream in a secondary reach beginning <br />approximately at a point located 1,390 feet south and 860 feet west from <br />the northeast corner of Section 33 (within the SE%NE% of Section 33, T. 18 <br />N., R. 18 E.W.M.), and extends downstream to the confluence of Reecer <br />Creek and the Yakima River, and further downstream along the Yakima <br />River to the Yakima Canyon within Kittitas County, at river mile 127 within <br />the SEY4NWY4 of Section 33, T. 15 N., R. 19 E.W.M. This instream flow right <br />was established in Change Authorization CS4-83608-J(B) (KITT-23-008) <br />and was historically appurtenant to real property situated in the County of <br />Kittitas, State of Washington. <br />