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FIRST AMENDMENT TO <br />WATER RIGHTS PURCHASE AND SALE AGREEMENT <br />THIS FIRST AMENDMENT TO WATER RIGHTS PURCHASE AND SALE <br />AGREEMENT is made and entered into this {aay ot 2025,by and <br />between KITTITAS COUNTY, a political subdivision of the State of Washington ("County"), <br />and DAVID W. ADAMS and LEANN T. ADAMS, husband and wife, and WILLIAM S. <br />CRAIG and CONSTANCE M. CRAIG, husband and wife and/or assigns ("Sellers"). <br />WHEREAS, Sellers and Purchaser, entered into that certain Water Rights Purchase and <br />Sale Agreement dated March 14,2023,(hereafter the "Agreement."), providing for the sale and <br />purchase of the consumptive and non-consumptive portions of the Water Right with a priority <br />date of June 30, 1871, and assigned Certificate No. S4-84269-J; and <br />WHEREAS, Sellers are also the owner of certain additional real property, which has two <br />appurtenant water rights from Wilson Creek, which were confirmed in Department of Ecology v. <br />Acquavella, Yakima County Superior Court Ecology Case No. 77-2-01484-5 ('Acquavella"), <br />and which are assigned Certificate Nos. S4-84268-J with a priority date of June 30, 1871 and 54- <br />84262-J,with apriority date of June 30, 1884; and <br />WHEREAS, Sellers desires to sell and County desires to purchase the consumptive and <br />non-consumptive portions associated with 2.5 acres of the Water Right with a priority date of <br />June 30, 1871, and assigned Certificate No. S4-84268-J, instead of the Water Right assigned <br />Certificate No. S4-84269-J; and <br />WHEREAS, Sellers and Purchaser wish to arnend the Agreement pursuant to section 19 <br />to change the water right purchased; <br />NOW, THEREFORE,IN CONSIDERATION of the mutual covenants set forthherein, <br />the receipt of which are hereby acknowledged, the parties hereby agree to amend the Purchase <br />and Sale Agreement as follows: <br />1. Section 3: <br />Future Water Use bv Sellers. If Ecology approves the application to change a portion <br />of the purpose of use for the 1871 Water Right to a Trust Water Right, Sellers and <br />theirheirs, successors, and assigns agree to fallow 2.5 acres currently inigated by the <br />1871 Water right and reduced the diversion by the quantities affrrmed for instream <br />flow and mitigation in the Ecology change decision.