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HomeMy WebLinkAboutR-2026-079 interlocal agmt with City of Tieton_temporary water transferRESOLUTION NO. R-2026-079 A RESOLUTION authorizing a lease agreement with the City of Tieton and Yakima-Tieton Irrigation District to lease 31 shares of Irrigation water to the City of Tieton for the water year 2026. WHEREAS, the City of Yakima Water/Irrigation Division has 31 shares of Yakima-Tieton Irrigation District water assigned to the second level reservoir property on City Reservoir Road; and WHEREAS, the City of Yakima Water/Irrigation Division is paying for 31 shares of water, but that water is not currently necessary for the City's operations; and WHEREAS, the City of Tieton needs irrigation water and is willing to lease the water and pay for the share cost to use the water; and WHEREAS, leasing the water to the City of Tieton is mutually beneficial for the City by reimbursement of the cost of the water shares; and to the City of Tieton by using the water in accordance with the attached agreement; and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and its residents to authorize the City Manager to execute the lease agreement with the City of Tieton and the Yakima-Tieton Irrigation District to lease 31 shares of irrigation water to the City of Tieton; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached and incorporated agreement with the City of Tieton and the Yakima-Tieton Irrigation District for the lease 31 shares of Yakima-Tieton Irrigation District water to the City of Tieton for the water year 2026. ADOPTED BY THE CITY COUNCIL this 2nd day of June, 2026. Matt Brown, Mayor ATTEST osalinda Ibarra, CMC, City C , � TEMPORARY WATER TRANSFER AGREEMENT THIS TEMPORARY WATER TRANSFER INTERLOCAL AGREEMENT is made and entered into in accordance with the requirements of RCW 39.34, on the day of 2026, by and between CITY OF YAKIMA, hereinafter referred to as the Transferor, whose address is 129 N. 2nd St.; YAKIMA, WA 98901; CITY OF TIETON hereinafter referred to as the Transferee, whose address is P.O. BOX 357, TIETON, WA 98947; and YAKIMA-TIETON IRRIGATION DISTRICT, an irrigation district organized under the laws of the State of Washington, hereinafter referred to as the District, and whose address is 470 Camp Four Road, Yakima, WA 98908; WITNESSETH: 1. Transferor, for and in consideration of good and valuable consideration does hereby transfer to Transferee 31.00 shares of water from the facilities of the District, said water now being appurtenant to Yakima County tax parcel number 181316-31402 & 181316- 11400 owned by the Transferor, and situated, lying, and being in Yakima County, Washington, and within the boundaries of the District, does hereby transfer said 31.00 shares of water from the above -described property for the year 2026 to Yakima County parcels within the City of Tieton irrigation service area owned by Transferee and all parcels as listed on the attached irrigation turnout summary, situated, lying, and being in Yakima County, Washington, and within the boundaries of the District; it being the intention of Transferee to use said shares of water on the properties last described for the current irrigation season. This agreement shall continue for the current irrigation season and shall terminate and be of no further force or effect upon the expiration of the current irrigation season without any further action of any party. Other than the one-time transfer of water shares as set forth herein, no other real or personal property shall exchange hands as part of this transaction. 2. Transferee does hereby agree to pay the Transferor $137.79 per share for 31.00 shares plus the billing charge of $101.91, for use in the water year of 2026, a total of $4,373.40. Payment is due at the Transferor fifteen (15) days from date of invoice. If other fees or charges are issued by the District to be paid by water shareholders or the Transferor, Transferee shall pay any such amounts due and owing for the 31.00 shares transferred as part of this Agreement. 3. Transferee does hereby agree that the total resulting shares of water to be used on the property last above described, including said shares of water herein transferred, is 31.00 shares of water. The District, for and in consideration of the conditions provided herein, does hereby approve and acknowledge the above transfer of the aforementioned water. 4. The water user parties' above -described properties and water herein transferred shall be and remain expressly subject to the rules and regulations of the Yakima-Tieton Irrigation District. 5. The water user parties' above -described properties and water herein transferred are expressly subject to assessments, rates, tolls, and charges of the District for any lawful purpose, including but not limited to the care, maintenance, upkeep, operation, management, repair, reconstruction, betterment, and improvement of facilities of the District, for the payment of any indebtedness due the United States and the State of Washington, and for the payment of bonds and interest thereon. 6. All assessments, rates, tolls, and charges of the District payable for the current and all prior years associated with the properties involved shall be paid in full prior to the District's approval and acknowledgement of this transfer. The parties shall be responsible for any payments or reimbursements between the parties, and the District shall have no responsibility for the handling or transmittal of such funds. 7. The water user parties' above -described properties and water herein transferred are expressly subject to all the terms and conditions of original water deeds and contracts creating and initiating the water rights transferred herein. f • • 9. Transferor and Transferee hereby release and agree to indemnify, hold harmless and defend the Yakima-Tieton Irrigation District, and its directors, officers, agents, and employees, on account of any and all damages or claims, including but not limited to attorneys' fees and expenses, by whomsoever made and of any nature whatsoever, arising out of or in any manner connected to this Temporary Water Transfer Agreement or arising out of or in any manner connected to the water herein transferred being found or determined to be void or voidable. Transferor's and Transferee's duties under this paragraph to indemnify the Yakima-Tieton Irrigation District shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Yakima-Tieton Irrigation District or its directors, officers, agents, and employees. The Yakima-Tieton Irrigation District hereby releases and agrees to indemnify, hold harmless and defend Transferor and Transferee and their elected officials, appointed officials, agents, and employees, on account of all damages or claims, including attorneys' fees and expenses, for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Yakima-Tieton Irrigation District or its directors, officers, agents, and employees. In the event of damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (1) the Yakima- Tieton Irrigation District or its directors, officers, agents, or employees, and/or (2) Transferor or its elected officials or appointed officials, employees, or agents, and/or (3) Transferee or its elected officials or appointed officials, employees, and agents, Transferor's, Transferee's and/or the Yakima-Tieton Irrigation District's duty to indemnify under this paragraph shall apply only to the extent of each such party's negligence. 10. Transferee agrees to indemnify, defend, release, and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which result or arise from Transferee's rights under this Agreement, including, but not limited to, Transferee's use and/or storage of said water or the operation, maintenance and/or construction of any facilities used to transfer, use, or store said water, and/or out of the negligent acts or omissions of Transferee, its officials, officers, employees, or agents. 11. Transferee shall pay in advance to the District all the District costs associated with this transfer, including but not limited to all costs for administration, orifice plates, parts, mileage, labor, and all other costs associated with the transfer. 12. The water user parties hereby certify and warrant under penalty of perjury of the laws of the state of Washington that they are the owners of their respective properties as described herein. Transferor furthermore certifies and warrants under penalty of perjury of the laws of the state of Washington that Transferor is not in default under any mortgage lien covering Transferor's property, that there are no liens on Transferor's property, other than mortgage liens, and that the contract seller of such property, if any, has consented to this temporary transfer by the signature below. In the event of any sale or transfer of Transferor's property described above, Transferor shall take full responsibility for notifying any purchaser or other transferee of this temporary transfer. 13. In accordance with RCW 39.34.040, prior to this agreement becoming effective it shall be listed by subject on the City of Yakima web site. 3 Transferee: CITY OF TIETON rar e eeS;fhature Title Date: - Rob Adams, Mayor YAKIMA TIETON RFGATION DISTRICT Date: - Travis Okelberry, Secretary -Manager Date Victoria Baker, City Manager Date: Rosalinda Ibarra, City Clerk City Contract No, 2 26= Resolution No. -- R- 2026- C! BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AIATNI Item No. 7.B. For Meeting of: June 2, 2026 ITEM TITLE: Resolution authorizing an Interlocal Agreement with the City of Tieton for a temporary water transfer (Irrigation Revenue) SUBMITTED BY: Scott Schafer, Director of Public Works *Daniel Tiliano, Water/Irrigation Manager SUMMARY EXPLANATION: The City of Yakima (City) desires to enter into an Interlocal Agreement as a temporary water transfer to lease 31 shares of Yakima-Tieton Irrigation District water to the City of Tieton for the 2026 irrigation season. This water can only be used for irrigation purposes and does not affect the drinking water supply of water to the City of Yakima. The 31 shares of irrigation water are currently not necessary to supply the City of Yakima's operations for 2026, whereas the City of Tieton has a need for this irrigation water. Under the proposed Agreement, the City of Tieton would pay $137.79/share to the City of Yakima; plus, the billing charge of $101.91 for a total of $4,373.40 for the year. A question recently came up regarding transfers of irrigation water rights in light of the low snow pack this year. Individual property owners within the City's irrigation system generally do not have the right to transfer their water rights. The City is the holder of the water rights certificates, including water rights within the Yakima-Tieton Irrigation District, not the individual customer, and therefore only the City has authority to transfer portions, or shares, of its water rights to other entities within the irrigation district. ITEM BUDGETED: No STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_City of Tieton temporary water transfer 2025_Proposed_Transfer_of YTID_shares_to_Tieton_-_Final_Agreement_Signed.pdf 12