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HomeMy WebLinkAboutR-1998-112 Local Watershed Plan; Tri-County Water Resource Agency• RESOLUTION NO. R-98-112 A RESOLUTION authorizing and directing the City Manager and the City Clerk to execute an intergovernmental agreement with Benton County, Kittitas County, Yakima County, City of Ellensburg, Roza Irrigation District, Sunnyside Valley Irrigation District, and Yakima-Tieton Irrigation District for the purposes of administering the development of a local watershed plan for the Yakima River basin through the Tri -County Water Resource Agency. WHEREAS, water resource planning in Washington State has been and continues to be the responsibility of local counties, cities, water utilities, tribes and the state government; and WHEREAS, the State of Washington has declared, and Benton County, Kittitas County, Yakima County, City of Ellensburg, City of Yakima, Roza Irrigation District, Sunnyside Valley Irrigation District, and Yakima-Tieton Irrigation District recognize, that the proper utilization of the water resources of this state is necessary for the promotion of public health and economic well-being of the state and preservation of its natural resources and aesthetic values; and WHEREAS, said entities recognize that it is in the best interest of the state and the Yakima River basin that comprehensive water planning be given a high priority so that water resources and associated values can be utilized and enjoyed today and protected for tomorrow; and WHEREAS, comprehensive water resource planning must provide interested parties with an adequate opportunity to participate, and that water resource issues are best addressed through cooperation and coordination among said local entities and state government; and WHEREAS, .utilization and management of the waters of Washington State are guided by certain general principles, including the use of water for domestic purposes, stock -watering, industrial uses, commercial activities, agricultural irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational activities, thermal power production, preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state that are beneficial; and WHEREAS, since water rights are property rights held by individual citizens, irrigation entities, municipalities, public and private utilities, and governments, said local entities declare that the Tri -County Water Resource Agency shall have no power or eminent domain authority to impair (a) any lawful water right or use, (b) the capability of water users to divert, convey, or exercise those rights, or (c) the continuation of existing land uses dependent on, or benefited by, those water rights and uses. (Ik)res/tri-countywa ter/Interlocal/pm WHEREAS, said local entities must provide for the participation of a wide range of water resource interests in the composition of the planning unit for the Yakima River basin, and it is critical to the success of the planning process that said local entities provide for broad public participation and education regarding the development and implementation of the local watershed plan; and WHEREAS; said local entities should be members of the Tri -County Water Resource Agency, which they have designated as the Lead Agency for the local watershed planning process; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the attached intergovernmental agreement with said local entities, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated intergovernmental agreement with Benton County, Kittitas County, Yakima County, City of Ellensburg, Roza Irrigation District, Sunnyside Valley Irrigation District, and Yakima-Tieton Irrigation District for the purposes of administering the development of a local watershed plan for the Yakima River basin through the Tri -County Water Resource Agency. ADOPTED BY THE CITY COUNCIL this 21stday of July / yi ATTEST: City Clerk Contract No. pgry/«;-county wam</incmecal/pm , 1998. John Puccinelli, Mayor INTERGOVERNMENTAL AGREEMENT FOR THE TRI -COUNTY WATER RESOURCE AGENCY This INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by and among the initiating governments of Benton County, Kittitas County, Yakima County, City of Ellensburg, City of Yakima, Roza Irrigation District, Sunnyside Valley Irrigation District, Yakima-Tieton Irrigation District and, if they accept the invitation, the Yakama Indian Nation (collectively, the "Initiating Governments") for the purposes of administrating the development of a local watershed plan under authority of HB 2514 (chapter 90.82 RCW) for the Yakima River basin in WRIAs 37, 38 and 39; defining the duties and responsibilities of the Agency as lead agency for the local watershed planning process; directing staff; contracting with consultants; and authorizing requests for grant funding. RECITALS AND FINDINGS WHEREAS, water resource planning has been and continues to be a responsibility of Washington State, counties, cities, water utilities and tribes. WHEREAS, the State of Washington has declared, and the Initiating Governments recognize, that proper utilization of the water resources of this state is necessary for the promotion of public health and economic well-being of thestate and preservation of its natural resources and aesthetic values. WHEREAS, the Initiating Governments recognize that it is in the best interests of the state and the Yakima River basin that comprehensive water planning be given a high priority so that water resources and associated values can be utilized and enjoyed today and protected for tomorrow. WHEREAS, a Memorandum of Agreement dated May 18, 1998, was signed by the Initiating Governments setting forth various understandings for funding, initiating and conduct of the Yakima River Basin Planning Program. The provisions of this Memorandum of Agreement are herein incorporated by reference. To the extent the Memorandum of Agreement is inconsistent with this Agreement, the provisions of this Agreement shall govern. WHEREAS, comprehensive water resource planning must provide interested parties adequate opportunity to participate, and water resources issues are best addressed thr„ „g1, cooperation and coordination among the State, Indian Tribes, Local Governments, and interested parties. WHEREAS, utilization and management of the waters of this State are guided by certain general principles, including that uses of water for domestic, stock -watering, industrial, commercial, agricultural irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, thermal power production, preservation of -1- INTGVT98-TCwRA 50015973.03 07-09-98 environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state are beneficial. WHEREAS, since water rights are property rights held by individual citizens, irrigation entities, municipalities, public and private utilities, and governments, the Initiating Governments declare that the Tri -County Water Resource Agency shall have no power or eminent domain authority to impair (a) any lawful water right or use; (b) the capability of water users to divert, convey, or exercise those rights; or (c) the continuation of existing land uses dependent on, or cf tca by, those water rights and uses. WHEREAS, to prepare and recommend for approval a local watershed plan under HB 2514, the Initiating Governments shall work in cooperation with the Yakima River Watershed Council membership, representatives of state and federal agencies, the Confederated Tribes and Bands of the Yakama Indian Nation, local governments and representatives for agricultural, fisheries, recreational and environmental interests. WHEREAS, the Initiating Governments must provide for the participation of a wide range of water resource interests in the composition of the planning unit for the Yakima River basin, and it is critical to the success of the planning process that the Initiating Governments provide for broad public participation and education regarding the development and implementation of the local watershed plan. WHEREAS, all Initiating Governments should be members of the Tri -County Water Resource Agency, which they have designated the Lead Agency for the local watershed planning process. WHEREAS, a small portion of Klickitat County is in WRIA 37, Klickitat County supports the decision to initiate multi-WRIA planning for WRIAs 37, 38 and 39 and designates the Tri -County Water Resource Agency as lead agency; however Klickitat County will not participate in the planning process or this agreement, as confirmed in the May 11, 1998 letter attached to this Agreement as Appendix A. NOW, THEREFORE, in consideration of the mutual agreements, covenants and promises contained herein, the Initiating Governments agree to the following terms: 1. DEFINITIONS 1.1 "Agency" means the Tri -County Water Resource Agency. 1.2 "Agency Director" means the person hired by the Agency to handic day-to-day operations, and such person shall be an at -will employee and shall serve at the pleasure of the Agency. 1.3 "County" or "Counties" means Benton, Kittitas, and Yakima Counties, individually or collectively. -2- INTGVT98-TCwRA 50015973.03 07-09-98 • • • 1.4 "Initiating Governments" means Benton County, Kittitas County, Yakima County, City of Ellensburg, City of Yakima, Roza Irrigation District, Sunnyside Valley Irrigation District, Yakima-Tieton Irrigation District, and, if they accept the invitation to participate in the planning process as an Initiating Government, the Confederated Tribes and Bands of the Yakama Indian Nation. 1.5 "Lead Agency" means the Tri -County Water Resource Agency. In order to achieve operational efficiencies and to improve management of the watershed planning process, the Initiating Governments are accomplishing their duties under HB 2514 through membership on the Tri -County Water Resource Board. To the extent not prohibited by HB 2514 or the Interlocal Cooperation Act, Chapter 39.34 RCW, the Initiating Governments are also expanding the duties of the Lead Agency to provide for interim dispute resolution of the planning process, education of the public, holding public meetings and hearings in all three counties regarding the planning process, and taking of public testimony and comments on the proposed. Watershed Plan. 1.6 "Local Governments" means cities, towns, irrigation districts and any other taxing authority. 1.7 "Planning Costs" means (1) the cost of preparing the studies and plans relating to the Planning Process; (2) the amounts paid to contractors for work performed under approved contracts; (3) the costs of legal, engineering, and other professional service relating to the formation of the Agency, the Planning Process, and resolution of any disputes related thereto; and (4) other costs reasonably related to the Planning Process initiation, administration, auditing and general project management. 1.8 "Planning Process" means the Watershed Plan preparation under authority of HB 2514 (Chapter 247, Laws of 1998), the associated public involvement and education process, and activities provided for herein. 1.9 "Planning Unit" means the collective representatives of water resource interests appointed by the Tri -County Water Resource Board to conduct studies and prepare the Watershed Plan for WRIAs 37, 38 -and 39. 1.10 "State" means the State of Washington and any of its agencies. 1.11 "Tri -County Water Resource Board" means the board of that name established in Section 6 of this Agreement. 1.12 "Watershed Plan" means the local watershed plan prepared by the Planning Unit under authority of HB 2514 (Chapter 247, Laws of 1998). Nation. 1.13 "YIN" means the Confederated Tribes and Bands of the Yakama Indian 2. DUTIES OF LEAD AGENCY -3- INTGVT98-TCWRA 50015973.03 07-09-98 As Lead Agency for the Planning Process, the Agency shall: 2.1 Apply for grants from the State for funding the Planning Process; 2.2 Determine the scope of the Planning Process, including existing plans which may be incorporated and/or updated into the Watershed Plan; 2.3 Designate representatives of a wide range of water resource interests to serve on the Planning Unit; 2.4 Hold public hearings and/or meetings in all three Counties regarding the Planning Process and incorporate existing plans into the Watershed Plan; 2.5 Determine how the Planning Unit will be staffed, contract with consultants and professional services to conduct studies within the scope of the Planning Process, and fund the activities of the Planning Unit; 2.6 Review and resolve the Planning Unit's disputes regarding interim decisions on plan development activities; 2.7 Hold public hearings on the Watershed Plan prepared by the Planning Unit, and provide a report on the public hearings and its recommendation to the County legislative authorities for the approval process provided in Section 9 of HB 2514. 3. SUPPORT AND FINANCING FOR THE PROJECT 3.1 The Agency is authorized to apply for and accept grants in the name of the Agency from federal, state, local and private sources. The Agency may utilize existing grant funds and appropriations in the Agency's accounts for the purposes specified herein. 3.2 The Initiating Governments shall not be obligated to pay any debts of the Agency or the Planning Unit. These costs shall be funded solely through grants and voluntary contributions. 3.3 The Agency shall approve annual budgets for its operations. The Agency's fiscal year shall be July 1 through June 30. The budget for the Agency as expanded by this Agreement shall be approved prior to June 30, 1998. 3.4 The Agency shall not acquire real property. Any personal prop: r y acquired for use by the Agency shall be acquired in the name of the Agency and shall be sold or equally and equitably divided among the Initiating Governments upon the termination of this Agreement. -4- 1NTGVT98-TcwR& 50015973.03 07-09-98 • • • • • 4. REPORTING REQUIREMENTS The Agency Director shall report monthly to each Initiating Government regarding its activities during the prior period. Reporting may be in writing, or by reporting to the Tri -County Water Resource Board at their monthly meeting. 5. BOOKS, ACCOUNTS AND PERSONNEL POLICIES 5.1 The Agency shall establish a special fund with the Yakima County Treasurer to be designated "Operating Fund of the Tri -County Water Resource Agency." All sums received by the Agency shall be placed in such fund and all sums expended by the Agency shall be disbursed from such fund. The Yakima County Treasurer shall be the custodian of the fi.jnd, and the Yakima County Auditor shall keep record of the receipts and disbursements, and shall draw and the Yakima County Treasurer shall honor and pay all warrants, which shall be approved before issuance and payment as directed by the Agency. All interest earned on sums placed in the Agency's fund shall accrue to such fund. Reasonable administrative costs incurred by Yakima County in the performance of this Section 5.1 shall be paid by the Agency, provided, the Agency is not obligated to pay any such administrative costs in excess of their fair market value. 5.2 The Agency shall keep full and complete books of accounts showing the Planning Costs incurred in connection with the Planning Process. The cost of keeping those books shall be considered to be a Planning Cost of the Agency. Audits of the books shall be performed annually by the Washington State Auditor, and the cost of such audit shall be considered a Planning Cost. More frequent audits, if requested by any Initiating Government, shall be charged to the Initiating Government making the request. 5.3 The Agency Director and any other supporting staff hired by the Agency shall become employees of Yakima County and shall be subject to the personnel policies of Yakima County. 6. TRI -COUNTY WATER RESOURCE BOARD 6.1 There is hereby established a Tri -County Water Resource Board to act in the name of the Agency for the purpose of (1) entering contracts, engaging personnel and consultants, and providing the watershed planning identified herein, (2) advising the Initiating Governments concerning the Planning Process, (3) providing the Initiating Governments the 'opportunity to resolve any disagreements that may arise between or among the Initiating Governments or the Planning Unit representatives with respect to the Planning Process, (4) providing a mechanism for reviewing Planning Costs, and (5) for the additional purposes described in this Agreement. 6.2 The Tri -County Water Resource Board shall consist of one representative from each Initiating Government appointed by its legislative authority. Each such representative shall be an elected official or the senior manager/administrator for the Initiating Government he or she represents and shall have one vote. Each Initiating Government shall also designate an INTG V T98 -TC W RA 50015973.03 07-09-98 -5- official to serve as an alternate with full authority in instances when the primary representative of such Initiating Government is not available. A quorum of the Tri -County Water Resource Board shall be five members. The Board shall take action by a majority vote. The Planning Unit's approval of the Watershed Plan, and the County legislative authorities' approval of the Watershed Plan, shall be as set forth in HB 2514, as it may be amended from time to time. 6.3 In June of every even numbered year, the Board shall elect a chairman and vice-chairman to serve two year terms. The chairman, or in his/her absence the vice-chairman, shall conduct meetings and such other business as authorized by the Board. 6.4 Initiating Governments may withdraw from the Agency and the Board by providing written notice to the Agency Director or the chairman, or by announcing the withdrawal at a public meeting of the Board. This Intergovernmental Agreement shall remain valid and in full force and effect and the Agency shall continue to serve as the Lead Agency for the watershed planning process despite any such withdrawal. The withdrawal of any Initiating Government from the Agency and Board shall not affect the Planning Unit's authority to prepare the watershed plan or the approval process set forth in chapter 90.82 RCW. If the withdrawal of one or more Initiating Governments at a Board meeting causes the Board to lack a quorum as defined in paragraph 6.2, the remaining Board members in attendance shall constitute a quorum for purposes of transacting business at that meeting, but no business may be conducted that was not listed on the Board's agenda. The Board shall reexamine the quorum requirement in paragraph 6.2 following the withdrawal of two or more Initiating Governments. 7. AGENCY AND PUBLIC PARTICIPATION The Agency shall work in cooperation with the YIN, State and Federal agencies, and Local Governments. Public participation through public hearings and other methods shall be provided by the Agency as part of its management of the Planning Process. 8. PROTECTION OF EXISTING RIGHTS The Watershed Plan authorized by HB 2514 and this Agreement shall not contain any provisions that: (a) are in conflict with existing state statutes, federal laws, or tribal treaty rights; (b).impair or diminish in any manner any existing water right evidenced by a claim filed in the water rights claim registry established under chapter 90.14 RCW or a water right certificate or permit; or (c) violate any other provision of Section 8 of HB 2514. The Watershed Plan envisioned by this Agreement is intended to have prospective application only with regard to water right applications, and to serve as a guide for future water resource allocation and protection decisions for the Yakima River Basin by the Initiating Governments, State and federal agencies, and other Local Governments in the planning, area. -6- INTGVT98-TCwx a, 50015973.03 07-09-98 • • 9. INTERGOVERNMENTAL AGREEMENT This Agreement constitutes an exercise of the Initiating Governments' authority under Chapter 39.34 RCW, the Interlocal Cooperation Act. Copies of this Agreement and the resolutions from each Initiating Government authorizing the execution hereto shall be filed with the county auditor of each County, the State Department of Community, Trade and Economic Development, the Secretary of State, and the YIN Tribal Council. 10. EFFECTIVE DATE/TERM OF AGREEMENT 10.1 This Agreement shall be effective, and the original Interlocal Agreement dated November 6, 1995 shall be superseded by this Agreement, immediately upon its execution by all Initiating Governments. 10.2 This Agreement shall automatically terminate effective at any time the Agency does not have sufficient funds necessary to meet current Planning Costs, unless the Initiating Governments each agree to contribute the sufficient funding necessary to meet Planning Costs for the current fiscal year. 10.3 Unless earlier terminated under Section 10.2 or by written notice from each of the Initiating Governments, this Agreement shall terminate four years from the date the Agency receives its first grant funds from the State under HB 2514, if it is not extended by written agreement approved by each Initiating Government's legislative authority prior to such date. 11. ADOPTION/AMENDMENT This Agreement may be executed in any number of counterparts, all of which shall constitute one Agreement. The execution of one counterpart by any party shall have the same force and effect, as if that party had signed all other counterparts. This Agreement may be amended at any regular or special meeting of the Tri -County Water Resource Board with the unanimous approval of the designated representatives of the Initiating Governments. Amendments shall be numbered and attached _ to the Agreement and distributed as set forth in Section 9. Approved as to form: BENTON COUNTY BOARD OF COMMISSIONERS ATTEST: Chairman Date Member Clerk of the Board Member INTGVT98-TCwRk 50015973.03 07-09-98 -7- Approved as to form: KITTITAS COUNTY BOARD OF COMMISSIONERS Approved as to form: Al 11.ST: Date Member YAIIYIA COUNTY BOARD OF COMNIISSIONERS Chair Date Member Clerk of the Board Member ArrEST: CITY OF ELL'ENSBURG 9 �... ity Clerk Mayor Date Ai l'EST: City Clerk 4rrrGVT98-TCWRA 50015973.03 07-09-98 CITY OF YAKIlVIA Mayor -8- 95 Date Approved as to form: Approved as to form: ATTEST: 'KITTITAS COUNTY BOARD OF COM1tiIISSIONERS Member YAKLMA COUNTY BOARD OF COMMISSIONERS Chair Date Member Clerk of the Board Member A 11'hST: CITY OF ELLENSBURG City Clerk Mayor Date Al 1'hST: CITY OF YAKIMA City Clerk Mayor Date -8- INTGVT98-TCWRA 50015973.03 07-09-98 ROZA IRRIGATION DISTRICT SUNNYSIDE VALLEY IRRIGATION DISTRICT YAKIMA-TIETON IRRIGATION DISTRICT Manager 47247q. Date (If invitation accepted) CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION Chair, Tribal Council Date INTGVT98-TCWRA 50015973.03 07-09-98 INTERGOVERNMENTAL AGREEMENT FOR THE TRI -COUNTY WATER RESOURCE AGENCY Approved as to form: BENTON COUNTY BOARD OF COMMISSIONERS ZglA)/1 Deputy Prosecuting A torney Attest: g/.31?y erk of e Board of Co / Comnrs. Approved as to form: 41' Chairman Date Chairman Pro tem Member KITTITAS COUNTY BOARD OF COMMISSIONERS Deputy Prosecuting Attorney Chairman Attest: Date Chairman Pro tem Clerk of the Board of Co. Comnrs. Member Approved as to form: 1 YAKIMA COUNTY BOARD OF COMMISSIONERS Deputy Prosecuting Attorney Attest: Chairman Date Chairman Pro tem Clerk of the Board of Co. Comnrs: Member 11 of 12' Approved as to form: KITTITAS COUNTY BOARD OF COMMISSIONERS ATTEST: Clerk of the Board Approved as to form: Ar[EST: Chairman Date Member Member YAIQMA COUNTY BOARD OF COMMISSIONERS Q 07.0-98 -98 Date Clerk of the Board Member At hST: City Clerk I TGVT98-TCwRA 50015973.03 07-09-98 CITY OF ELLENSBURO Mayor CITY OF Y iayor Yakima City Contract No. 98-80 Yakima City Resolution No. R-98-112 Date -8- Date • � t El'dt i LE. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 For Meeting of July 21, 1998 Consideration of a Resolution Authorizing the Mayor to Execute an Interlocal Agreement for purposes of undertaking local watershed planning as authorized by HB 2514 (Chapter 90.82 RCW) for the Yakima River basin. SUBMITTED BY: John Klingele, Councilman Dueane Calvin, Water/Irrigation Manger CONTACT PERSON/TELEPHONE: Dueane Calvin 576-6480 SUMMARY EXPLANATION: This Interlocal Agreement involves the Counties of Benton, Yakima and Kittitas, the Irrigation Districts of Roza, Sunnyside, Yakima-Tieton, the City of Ellensburg, and the City of Yakima working together toward the creation of a locally developed watershed plan for the Yakima River Basin. A copy of the Interlocal Agreement is attached. This Agreement creates no obligations, other than those specifically provided for in the enabling legislation HB 2514. Any participant may withdraw from the process at will, and the agreement does not create any financial obligations for any of the parties thereto. Resolution X Ordinance _ Contract _ Other (specify) Interlocal Agreement Funding Source N/A APPROVED FOR SUBMITTAL _ " �s City Manager STAFF RECOMMENDATION: Adopt the Resolution illCOUNCIL ACTION: SECOND AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE TRI -COUNTY WATER RESOURCE AGENCY This INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by and among the initiating governments of Benton County, Kittitas County, Yakima County, City of Ellensburg, City of Yakima, Roza Irrigation District, Sunnyside Valley Irrigation District, Yakima- Tieton Irrigation District, and the Yakama Indian Nation (collectively, the "Initiating Governments") for the purposes of administrating the development of a local watershed plan under authority of HB 2514 (Chapter 90.82 RCW) for the Yakima River basin in WRIA's 37, 38 and 39, defining the duties and responsibilities of the Agency as lead agency for the localwatershed planning process; directing staff; contracting with consultants; and authorizing requests for grant funding RECITALS AND FINDINGS WHEREAS, water resource planning has been and continues to be a responsibility of Washington State, counties, cities, water utilities and tribes. WHEREAS, the State of Washington has declared, and the Initiating Governments recognize, that proper utilization of the water resources of this state is necessary for the promotion of public health and economic well-being of the state and preservation of its natural resources and aesthetic values. WHEREAS, the Initiating Governments recognize that it is in the best interests of the state and the Yakima River basin that comprehensive water planning be given a high priority so that water resources and associated values can be utilized and enjoyed today and protected for tomorrow. WHEREAS, the Yakima River Basin Planning Program for WRIA's 37, 38 and 39, was initiated pursuant to RCW 90.82.060 by the Initiating Governments, by the Memorandum of Agreement dated May 18, 1998, which is attached hereto as Appendix 1. The provisions of this Memorandum of Agreement are herein incorporated by reference. The Initiating Governments as of December 15, 1998 also adopted an Operational Agreement, the terms of which are incorporated herein by reference. To the extent the Memorandum of Agreement or Operational Agreement is inconsistent with this Second Amended Intergovernmental Agreement, the provision of this Agreement shall govern. WHEREAS, comprehensive water resource planning must provide interested parties adequate opportunity to participate, and water resources issues are best addressed through cooperation and coordination among the State, Indian Tribes, Local Governments, and all interested parties. TCWRA Intergvmt Agm and including amendments 12/23/98 Page 1 WHEREAS, utilization and management of the waters of this State are guided by certain general principles, including that uses of water for domestic, stock -watering, industrial, commercial, agricultural irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, thermal power production, preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state are beneficial. WHEREAS, since water rights are property rights held by individual citizens, irrigation entities, municipalities, public and private utilities, and governments, the Initiating Governments declare that the Tri -County Water Resource Agency shall have no power or eminent domain authority to impair (a) any Lawful water right or use; (b) the capability of water users to divert, convey, or exercise those rights; or (c) the continuation of existing land uses dependent on, or benefited by, those water rights uses. WHEREAS, to prepare and recommend for approval a local watershed plan under HB 2514, the Initiating Governments shall work in cooperation with former membership of the Yakima River Watershed Council, representatives of state and federal agencies, the Confederated Tribes and Bands of the Yakama Indian Nation, local governments and representatives for agricultural, fisheries, recreational and environmental interests. WHEREAS, the Initiating Governments must provide for the participation of a wide range of water resource interests in the composition of the planning unit for the Yakima River basin, and it is critical to the success of the planning process that the Initiating Governments provide for broad public participation and education regarding the development and implementation of the local watershed plan. WHEREAS, all Initiating Governments should be members of the Tri -County Water Resource Agency, which they have designated the Lead Agency for the local watershed planning process. WHEREAS, a small portion of Klickitat County is in WRIA 37, Klickitat County supports the decision to initiate multi-WRIA planning for WRIA's 37, 38 and 39 and designates the Tri - County Water Resource Agency as lead agency; however, Klickitat County will not participate in the planning process or this Agreement, as confirmed in the May 11, 1998 letter attached to this Agreement as Appendix A. WHEREAS, in an effort to resolve the concerns of the Confederated Tribes and Bands of the Yakama Indian Nation and to facilitate their involvement and cooperation in the planning process and this Agreement, on December 15, 1998 the Initiating Governments approved and adopted the Operational Agreement among Yakima River Watershed Planning Initiating Governments ("Operational Agreement") attached hereto as Appendix 2 NOW, THEREFORE, in consideration of the mutual agreements, covenants and promises contained herein, the Initiating Governments agree to the following terms: TCWRA Intergvmt Agm and including amendments 12/23/98 Page 2 1. DEFINITIONS 1.1 "Agency" means the Tri -County Water Resource Agency. Agency membership consists of the Initiating Governments. The Agency is the Lead Agency as those terms are defined below. To this extent, Agency, Initiating Governments and Lead Agency are common terms for purposes of this Agreement. 1.2 "Agency Director" means the person hired by the Agency to handle its day-to-day operations, and such person shall be an at -will employee and shall serve at the pleasure of the Agency. 1.3 "County" or "Counties" means Benton, Kittitas and Yakima Counties, individually or collectively. 1.4 "Initiating Governments" means those Iocal and tribal governments generally designated by RCW 90.82.060 for the purposes of initiating watershed planning and designating a lead agency for such planning. Upon execution of the Second Amended Intergovernmental Agreement the Initiating Governments are Benton County, Kittitas County, Yakima County, City of Ellensburg, City of Yakima, Roza Irrigation District, Sunnyside Valley Irrigation District, Yakima-Tieton Irrigation District and, should they choose to participate, the Confederated Tribes and Bands of the Yakama Indian Nation. 1.5 "Lead Agency" means the organization designated by the Initiating Governments pursuant to RCW 90.82.060 to serve as the lead agency for the Planning Process, including the receipt and administration of grant funds and the coordination of staff support related to watershed planning. For purposes of trhis Agreement the Lead Agency is the Tri -County Water Resource Agency. 1.6 "Local Governments" means cities, towns, irrigation districts and any other taxing authority. 1.7 "Planning Costs" means (1) the cost of preparing the studies and plans relating to the planning process; (2) the amounts paid to contractors for work performed under approved contracts; (3) the costs of legal, engineering, and other professional service relating to the formation of the Agency, the planning process and resolution of any disputes related thereto; and (4) other costs reasonably related to the planning process initiation, administration, auditing and general project management. 1.8 "Planning Process" means the Watershed Plan preparation under authority of HB2514 (Chapter 247, laws of 1998), the associated public involvement and education process, and activities provided for herein, as further defined in the Operational Agreement. TCWRA Intergvrnt Agm and including amendments 12/23/98 Page 3 1.9 "Planning Unit" means the collective representatives of water resource interests who, as an autonomous body under authority of Chapter 90.82 RCW are tasked with the responsibility to prepare a watershed plan through the consensus process defined therein, and further outlined in Appendix 3. 1.10 "State" means the State of Washington and any of its agencies. 1.11 "Tri -County Water Resource Board" means the board of that name established in Section 6 of this Agreement. 1.12 "Watershed Plan" means the local watershed plan prepared by the Planning Unit under authority of HB 2514 (Chapter 247, Laws of 1998). 1.13 "YIN" means the Confederated Tribes and Bands of the Yakama Indian Nation. 2. DUTIES OF THE TRI -COUNTY WATER RESOURCE AGENCY The Agency shall: 2.1 Receive and administer. grants. 2.2 Acting as Initiating Governments, determine the scope of planning to be conducted and shall consider all existing plans and related planning activities; 2.3 Acting as the Initiating Governments, designate and appoint representatives of a wide range of water resource interests to serve on the Planning Unit; appointment may be made throughout the planning process. 2.4 Hold/coordinate upon request of the Planning Unit, public hearings and/or meetings in all three counties regarding the watershed plan. 2.5 Administer staff, contracts with consultants and other professional services to facilitate the planning process and fund the activities of the Planning Unit. 2.6 Upon request of the Planning Unit, review and resolve the Planning Unit's disputes regarding interim decisions on plan development activities. 2.7 Hold public hearings on the Watershed Plan prepared by the Planning Unit, and provide a report on the public hearings and its recommendation to the County legislative authorities for the approval process provided in Section 9 of HB2514. TC WRA Intergvmt Agm and including amendments 12/23/98 Page 4 3 SUPPORT AND FINANCING FOR THE PROJECT 3.1 The Agency is authorized to apply for and accept grants in the name of the Agency from federal, state, local and private sources. The Agency may utilize existing grant funds and appropriations in the Agency's accounts for the purposes specified herein. 3.2 The Initiating Governments shall not be obligated to pay any debts of the Agency or the Planning Unit. These costs shall be funded solely through grants and voluntary contributions. 3.3 The Agency shall approve annual budgets for its operations. The Agency's fiscal year shall be July 1 through June 30. The budget for the Agency as expanded by this Agreement shall be approved prior to June 30, 1999. 3.4 The Agency shall not acquire real property. Any personal property acquired for use by the Agency shall be acquired in the name of the Agency and shall be sold or equally and equitably divided among the Initiating Governments upon the termination of this Agreement. 4. REPORTING REQUIREMENTS The Agency director shall report monthly to each Initiating Government regarding its activities during the prior period. Reporting may be in writing, or by reporting to the Tri - County Water Resource Board at their monthly meeting. 5. BOOKS, ACCOUNTS AND PERSONNEL POLICIES 5.1 The Agency shall establish a special fund with the Yakima'County Treasurer to be designated "Operating Fund of the Tri -County Water Resource Agency." All sums received by the Agency shall be placed in such fund and all sums expended by the Agency shall be disbursed from such fund. The Yakima County Treasurer shall be the custodian of the fund, and the Yakima County Auditor shall keep record of the receipts and disbursements, and shall draw and the Yakima County Treasurer shall honor and pay all warrants, which shall be approved before assurance and payment as directed by the Agency. All interests earned on sums placed in the Agency's fund shall accrue to such fund. Reasonable administrative costs incurred by Yakima County in the performance of this Section 5.1 shall be paid by the Agency, provided, the Agency is not obligated to pay any such administrative costs in excess of their fair market value. 5.2 The Agency shall keep full and complete books of accounts showing the planning costs incurred in connection with the planning process. The cost of keeping those books shall be considered to be a planning cost of the Agency. Audits of the books TCWRA Intergvmt Agm and including amendments 12/23/98 Page 5 shall be performed annually by the Washington State Auditor, and the cost of such audit shall be considered a planning cost. :More frequent audits, if requested by any Initiating Government, shall be charged to the Initiating Government making the request. 5.3 The Agency director and any other supporting staff hired by the Agency shall become employees of Yakima County and shall be subject to the personnel policies of Yakima County. 6. TRI -COUNTY WATER RESOURCE BOARD 6.1 There is hereby established a Tri -County Water Resource Board to act as the governing body for the Agency. All the powers and functions of the Agency shall be vested in the Board. 6.2 The Tri -County Water Resource Board shall consist of one representative from each Initiating Government appointed by its legislative authority Each such representative shall be an elected official or the senior manager/administrator for the Initiating Government he or she represents and shall have one vote. Each Initiating Government shall also designate an official to serve as an alternate with full authority in instances when the primary representative of such Initiating Government is not available. A quorum of the Tri -County Water Resource Board shall be five members. The Board shall take action by a majority vote. 6.3 In June of every even numbered year, the Board shall elect a chairman and vice- chairman to serve two year terms. The chairman, or in his/her absence the vice- chairman, shall conduct meetings and such other business as authorized by the Board. 6.4 Initiating Governments may withdraw from the Agency and the Board by providing written notice to the Agency director or the chairman, or by announcing the withdrawal at a public meeting of the Board. This Intergovernmental Agreement shall remain valid and in full force and effect and the Agency shall continue to serve as the lead Agency for the watershed planning process despite any such withdrawal. The withdrawal of any Initiating Government from the Agency and Board shall not affect the Planning Unit's authority to prepare the watershed plan or the approval process set forth in Chapter 90.82 RCW. • If the withdrawal of one or more Initiating Governments at a Board meeting causes the Board to lack a quorum as defined in paragraph 6.2, the remaining Board members in attendance shall constitute a quorum for purposes of transacting business at that meeting, but no business may be conducted that was not listed on the Board's agenda. The board shall reexamine the quorum requirement in paragraph 6.2 following the withdrawal of two or more Initiating Governments. TCWRA Intergvmt Agm and including amendments 12/23/98 Page 6 6.5 At the request of any Initiating Government or other local governments, the Board may represent such governments in water resources activities outside the scope of the Planning Process under HB 2514. Such activities could include, but are not limited to, application and administration of grant funds for salmon habitat restoration, coordinated water system planning and coordination of local government habitat restoration and species recovery planning for purposes of the Endangered Species Act. 7 AGENCY AND PUBLIC PARTICIPATION The Agency shall work in cooperation with the YIN, State and Federal agencies, and Local Governments. Public participation through public hearings and other methods shall be provided by the Agency as part of its management of the planning process. 8. PROTECTION OF EXISTING RIGHTS The Watershed Plan authorized by HB 2514 and this Agreement shall not contain any provisions that: (a) are in conflict with existing state statutes, federal laws, or tribal treaty rights; (b) impair or diminish in any manner any existing water right evidenced by a claim filed in the water rights claim registry established under Chapter 90.14 RCW or a water right certificate or permit; or (c) violate any other provision of Section 8 or HB 2514. The Watershed Plan envisioned by this Agreement is intended to have prospective application only with regard to water right applications, and to serve as a guide for future water resource allocation and protection decisions for the Yakima River Basin by the Initiating Governments, State and Federal agencies, and other Local Governments in the planning area. 9. INTERGOVERNMENTAL AGREEMENT :y This Agreement constitutes an exercise of the Initiating Governments' authority under Chapter 39.34 RCW, the Interlocal Cooperation Act. Copies of this Agreement and the resolutions from each Initiating Government authorizing the execution hereto shall be filed with the county auditor of each County, the State Department of Community, Trade and Economic Development, the Secretary of State and the YIN Tribal Council. 10. EFFECTIVE DATE/TERM OF AGREEMENT 10.1 This Agreement shall be effective, and the original Interlocal Agreement dated November 7, 1995, and the Intergovernmental Agreement executed on July 9, 1998, shall be superseded by this Agreement, immediately upon its execution by each of the Initiating Governments identified in paragraph 1.4. 10.2 This Agreement, automatically terminates effective at any time the Agency does not have sufficient funds necessary to meet current planning costs, unless the Initiating TCWRA Intergymt Agm and including amendments 12/23/98 Page 7 Governments each agree to contribute the sufficient funding necessary to meet planning costs for the current fiscal year. 10.3 Unless earlier terminated under Section 10.2 or by written notice from each of the Initiating Governments, this Agreement shall terminate on or before December 31, 2002 if it is not extended by written agreement approved by each Initiating Government's legislative authority prior to such date. 11. ADOPTION/AMENDMENT This Agreement may be executed in any number of counterparts, all of which shall constitute one Agreement. The execution of one counterpart by any party shall have the same force and effect as if the party had signed all other counterparts. This Agreement may be amended at any regular or special meeting of the Tri -County Water Resource Board with the unanimous approval of the designated representatives of the Initiating Governments. Amendments shall be numbered and attached to the Agreement and distributed as set forth in Section 9. TCWRA Intergvmt Agm and including amendments 12/23/98 Page 8 Approved as to form: ATTEST: Approved as to form: ATTEST: Clerk of the Board Approved as to form: ATTEST: BENTON COUNTY BOARD OF OMMISSIONERS Chairman 1(414g� Date Member COUNTY BO OF COMMISSIONERS Date Member M'mber KITTITAS COUNTY BOARD OF COMMISSIONERS Chairman Date Member Clerk of the Board Member ATTEST: CITY OF ELLENSBURG City Clerk Mayor Date TCWRA Intergvmt Agm and including amendments 12/23/98 Page 9 ATTEST: CITY OF YAKIMA City Clerk Mayor Date Yakima Contract No. 99-08 ROZA IRRIGATION DISTRICT Manager Date SUNNYSIDE IRRIGATION DISTRICT Manager Date YAKIMA-TIETON IRRIGATION DISTRICT Manager Date - CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION Chair, Tribal Council Date TCWRA Intergvmt Agm and including amendments 12/23/98 Page 10 KLICKITAT COUNTY BOARD OF COUNTY COMMISSIONERS 205 S. Cat:macs Avart z. Room 103. M -CF -04, GOLCENDALE WASHINGTON 98620 o FAX 509 773-6779 o votCE 509 773-4612 • L.Axs St�ait�, Dts lcr # 1 JOAN FREY. Dtsnucr #2 RAY THAYER. Drs ucr #3 May 11, 1998 To: Benton County Commissioners Yakima County Commissioners' Kittitas County Commissioners Dear Commissioners: RECEIVED MAY 141998 BENTON COUNTY COMMISSIONERS Klickitat County supports the multi -Water Resource Inventory Area (WRIA) planning approach for all areas contained in WRIAs 37, 38 and 39, in accordance with requirements contained in Engrossed Substitute House Bill (EHSB) 2514. We designate Tri -County Water Resource Agency as lead agency for this planning effort and authorize Tri -County to apply for grants to fund the planning effort. By designating Tri -County as the lead agency, Klickitat County is not obligated to pay any debts or operating costs of Tri -County or the Yakima :, River Watershed CounciUPlanning Unit to be established through the watershed planning process. It is our understanding the planning funding will be provided through state grants. We will also not be participating in the plarnning process, as it affects only a small portion of our county. Sincerely, BOARD OF COUNTY COMMISSIONERS Klickitat County, Washington Ray Thayer, Chairman cc: Curt Dreyer, Planning Director Dana Peck, Resource DeveIoprnent Director TRI -COUNTY WATER RESOURCE AGENCY Larson Building. Suite 714 6 South Second Street Yakima, WA 98901 509-574-2650 Charles J. Klarich, Director MEMORANDUM OF AGREEMENT REGARDING WATERSt1KD PLANNING INITIATION FOR TkiE YAKIMA RIVER BASIN (WRIAS 37, 38, & 39) WHEREAS, in November, 1995, the Boards of Commissioners of Benton, Kittitas, - and Yakima Counties entered into an interlocal agreement for the purpose of developing a water resource and comprehensive water plan; establishing the Tri -County Water Resource Agency .(TCWRA); declaring their intent regarding coordinated water resources, water quantity, .water quality, and water system planning, directing staff, authorizing requests for grant funding and appropriating funds; and WHEREAS, in said interlocal agreement, -the Benton, Kittitas and Yakima counties provide that in the preparation of a comprehensive surface and ground water plan, these counties and the TCWRA shall work in cooperation with the Yakima River Watershed Council, which includes representatives of state and federal agencies, the Yakama Indian Nation, local governments and representatives for agricultural, fisheries, recreational and environmental interest; and WHEREAS, 1998 legislation (KB 2514) .amends Chapter 90.82 RCW and provides authority for watershed planning and directions for the initiation of planning units and eligibility for grant funds; and WHEREAS, watershed planning under HB 2514 provides for the representation by a wide range of water resource interests in the investigation and planning of actions relating to water quantity. Water quality elements, habitat, and instream flow also may be considered per the requirements of Section 4, 5, and 6, along with the identification of projects and activities to protect water resources and improve natural resource management; and WHEREAS, watershed planning -for the Yakima River Watershed (WRIAs 37, 38, and 39) under KB 2514 is an extension of past and current planning efforts of the Yakima River Watershed Council, the Yakima River Basin Water Enhancement Project, the Council of Governments Water Quality Report, and others, and is a desirable process for local governments and water utilities in the basin to conduct in cooperation with each other and other interested parties; and WHEREAS, HB 2514 authorizes the creation of a planning unit to apply for grant funding upon the agreement ,of certain government entities in the Yakima. River Watershed to initiate the'watershed planning process, the designation by such entities of a lead agency for the planning units, and their direction regarding staffing of the planning unit for the multi-WRIA Yakima River Watershed; and WHEREAS, the initiating governments designated by Section 2 of HB 2514 are Benton County, Yakima County, Kittitas County, Klicldtat County, City of Ellensburg, City of Yakima, Roza Irrigation District, Yakima Tieton Irrigation District, and the Sunnyside Valley Irrigation District; and WHEREAS, .the confederated tribes and bands of the Yakama Indian Nation have been invited to be one of the Initiating Governments; and 'WHEREAS, the irrigation districts in the initiating governments group recognize the importance of consulting with other irrigation entities in the three WRIAs; NOW, THEREFORE, the initiating governments agree as follows: 1. Planning Initiation. Pursuant to Section 2 of HB 2514, the initiating governments concur that watershed planning should be initiated for the multi- WRIA area comprised of WRIAs 37 (Lower Yakima), 38 (Naches), and 39 (Lipper Yakima) The Yakama Indian Nation shall be invited to participate as an initiating government. 2. Initiating Governments Activities. a. The interlocal agreement creating the TCWRA shall be amended to include all initiating governments as participants in the agreement, and each government may appoint a member to the TCWRA Board. b. The initiating governments designate the TCWRA as the lead agency for the planning unit and authorize the TCWRA to apply for grants from federal, state, local, and private sources to fund the planning effort. The TCWRA may hire its own director and staff to work as directed by the TCWRA. c, The composition of the planning unit shall be determined in a manner that complies with the requirements of HB 2514 and assures that water resource users' interests and directly involved interest groups at the local level have the opportunity to give input and direction to the planning process. Representative orgsni7ations and/or individuals shall be 2 appointed by the initiating governments together with the Yakima River Watershed Council to constitute the planting .nit. d. The TCWRA-' may select consultants to prepare a Yakima River Watershed Plan utilizing any portion of or add items to existing plans. This will be done in cooperation with the planning unit. e. The scope of the. planning shall be defined by the initiating governments. At a minimum, the plan shall include water quantity, per HB 2514, Section 3. Water quality elements, habitat, and instream flow may also be considered per the requirements of Sections 4, 5, and 6. f. Additional representation of state agencies on the planning unit will be determined by the initiating governments in consultation . with the Governor's Office. Federal agency representation will also be addressed. A consensus process shall be the first effort to decision-making of the initiating governments. If the initiating governments fail to reach a consensus, the initiating governments may decide by a majority vote. 3. Financial Obligations of Initiating Governments. The initiating governments shall not be obligated to pay any debts or operating costs of the TCWRA or the planning unit. These costs shall be funded solely through grants and voluntary contributions. g. 4. Plan Preparation. The process adopted by *the initiating governments for plan preparation shall: a. Place responsibility with the TCWRA for overall management of the planning activities, including administrative, strategies, scheduling, contract services, and reports preparation. Any of the planning efforts may be contracted to third parties. b. Provide that interim decisions during the planning process on plan development activities be reached by a consensus process. If the planning unit fails to reach consensus, the lead agency may decide the issue by a majority vote. c. Provide that the proposed watershed plan approved by the planning unit shall be referred to the TCWRA for public hearings, and that the TCWRA shall provide a report on the public hearings and its recommendation to the county legislative authorities for the approval process provided in Section 9 of HB2514. 3 d. Planning meeting locations will be rotated equally among the three WRIAs to insure participation opportunities. • 5. Duration. This agreement will operate for the duration of the planning period, which will last no longer than four years from the date state funding is first' received by the planning unit or the TCWRA subsequent to the date of this MOA. . This Memorandum of Agreement has been executed this = day of May, 1998, on one or more originals, by the parties shown below. 714 I " Benton County Yakima Coin -Klickitat County ty of Yakima Yakima Tieton Irrigation District 1D - & mud' e Valley Irrigation District Yakama Indian Nation Approved as to form: ;(-1 Befit` on County Deputy Prosecutor 4 APPENDIX 2 OPERATIONAL AGREEMENT AMONG YAKIMA RIVER WATERSHED PLANNING INITIATING GOVERNMENTS This operational agreement is entered into among the Yakama Indian Nation and Tri -County Water Resource Agency board representing the other initiating governments (Benton, Kittitas and Yakima Counties, the Cities of Ellensburg and Yakima, the Yakima-Tieton Irrigation District, the Sunnyside Valley Irrigation District, and the Roza Irrigation District) for the purposes of watershed planning under the authority of Chapter 90.82 RCW for WRIA's 37, 38 and 39 of the Yakima River basin. This agreement outlines the duties and responsibilities of the participating governments, and the procedures for operation and decision making. The Yakama Indian Nation (Nation) agrees to participate as an Initiating Government and Planning Unit member under the following terms. 1) Any estimation of water quantity in the management area shall not be deemed an admission by the Nation of, or in any other way relate to, a quantification of the Nation's water rights. Such an estimationsatisfies the requirement of the Watershed Planning Act to include an estimation of water as part of the water quantity element of watershed planning. 2) Nothing herein shall be a waiver of tribal sovereign immunity for any litigation. The Nation reserves any and all rights and defenses that it may otherwise have with respect to its federally reserved, judicial, statutory, or equitable water rights pertaining to any other participant in this process, includingl any such participant's claim to or allocation of water in the watershed. 3) All parties agree that watershed planning conducted by the Planning Unit and the resulting plan will not address or include an instream flow component pursuant to (RCW 90.82.080). 4) There shall be no planning under the watershed planning effort involving either surface or groundwater rights within the Yakama Reservation. "Reservation" for the purposes of this agreement shall include land within Indian Country, as defined in 18 USCS §§ 1151, as well as all other land owned by the Nation or individual members, plus any other lands set apart by the federal government for the Nation or any of its members. If elected by the Nation, assessment, estimation, and planning of federally reserved water rights under this watershed planning agreement will be conducted and funded exclusively by the Nation, in coordination with the appropriate federal agencies. 5) The parties agree to collect and use the best possible scientific data and methodologies and only to use the data in reaching its conclusions in the watershed Operational Agreement 12/15/98 Page 1 plan. The scientific methods must be commonly accepted by the scientific community and agreed upon by all parties. 6) All parties agree that discussions, materials produced, proposed agreements and other efforts in the development of a watershed plan are not to be considered admissions or decisions of the parties to the extent the information may relate to issues that arise in legal proceedings; and the parties agree not to offer such information as, evidence in any proceedings outside the watershed planning efforts of Ch. 90.82 RCW. 7) All Planning Unit decisions, up to and including approval of the watershed plan, shall be done by consensus of the governmental members of the Planning Unit. (Agreed to at 11/19/98 meeting.) Consensus means a unanimous agreement or the absence of objection. The Nation shall designate a respresentative for the purpose of determing consent. The Nation reserves the right to bring the Watershed Plan to the Tribal Council prior to final plan approval. 8) All parties recognize that the Intergovernmental Agreement of 7/9/98 executed by the Initiating Governments, amended by the Second Amended Intergovernmental Agreement defines the responsibilities of the lead agency as to provide staff support for interim dispute resolution of the planning process, education of the public, holding public meetings and hearings in all three counties regarding the planning process, and taking public testimony and comments on the proposed watershed plan, at the direction of the Planning Unit. The;�greement also outlines the responsibilities under which watershed planning decisions will be made by the Planning Unit. 9) Nothing herein'is intended,to create any rights in any party, not a signatory to this agreement nor shall any such party be deemed to be a third party beneficiary to this agreement. 10) All parties shall have the right to withdraw from the planning process at any time. Any withdrawing party shall not be deemed to be a party to any plan or agreement produced pursuant to Ch. 90.82 RCW and shall not be bound thereby. Date: Max Benitz, Jr., Chairman Operational Agreement 12/15/98 Page 2 Tri -County Water Resource Agency Appendix - 3 to the Intergovernmental Agreement The Planning Unit's Responsibilities 1. Apply for grants under the Watershed Planning Act from the state for funding the process. 2. Refine the scope of work to develop a watershed management plan for the Yakima River Basin. Consideration shall be given to all existing plans and related planning activities. 3. Recommend to the Tri -County Water Resource Board (Initiating Governments) additional members for appointment to the Planning Unit. 4. Hold meetings throughout the watershed to insure a wide range of interests participate in the planning process. 5. Review and recommend activities pertaining to staffing and funding of the Planning Unit. 6. Request the Tri -County Water Resource Board's assistance in resolving disputes regarding interim decisions on plan development activities, if necessary. 7. Develop and submit a plan to the Counties for adoption within four years of the date the funding was first received for plan development. The plan may not be adopted and submitted to the Counties until consensus of participating local, state, federal and tribal governments and consensus or a majority vote of the non-governmental members has been obtained. A plan cannot be approved and submitted to the counties and the state unless there is approval of all governments in the Planning Unit, pursuant to RCW 90.82. P/U draft appendix 12/23/98 Page 1 TRI -COUNTY WATER RESOURCE AGENCY 402 East Yakima Avenue, Suite 510 Yakima, WA 98901 Phone: 509-574-2650 Fax: 509-5 74-2651 December 30, 1998 Dear Council Members: Included in your packet is a copy of the Intergovernmental Agreement the City of Yakima has signed in August of 1998, along with the amendments to the Agreement that are being proposed Please review the amendments and the appendices. The amendments: 1) more clearly defines the roles of the Tri -County and the Planning Unit. 2) describes the Planning Unit's responsibilities 3) contains an Operational Agreement explaining activities pertaining to the Yakama Indian Nation. 4) outlines the duties of the Lead Agency (Tri -County Water Resource Agency). 5) meets all the criteria required by Chapter 90.82 RCW Watershed Planning. I recommend you instruct your representative on the Tri -County Board to approve the amendment. I will attend your January 5, Council meeting to answer any questions you might have. Sincerely, Chuck Klarich, % irector CK. do MEMORANDUM TO. MAX GOLLADAY BETTIE INGHAM J1M TRULL JOHN KLINGEI .P PERRY HUSTON RICH DIEKER RON VANGUNDY FROM, MAX BENTTZ DATE; DECEMBER 2.1, 1998 RE. OPERATIONS AGREEMENT AND AMENDMENTS TO INTERGOVERNMENTAL AGREEMENT. Please find attached, copies of the proposed amendment to amend the Intergovernmental Agreement, to be submitted to your full board or council for consideration; this includes clarification of the Planning Unit's responsibilities as Appendix 3. Please request that your members consider the changes and bring their decision to the next Board meeting. Also, the Operational Aar eernent that was accepted at the Boards meeting of December 15 is attached. Pages: 7 Suggested Amendments to TCWRA Intergovernmental Agreement PROPOSED Page 1, fourth Whereas clause would read: WHEREAS, the Yakima River Basin Planning Program for WRIA's 37, 38 and 39, was initiated pursuant to RCW 90.82.060 by the Initialing Governments in a Memorandum of Understanding dated May 18, 1998, 'hiCh is attached hereto as Appendix I _ th The provisions of this Memorandum of Agreement are herein incorporated by reference. To the extent the Memorandum of Agreement is inconsistent with this Agreement, the provisions of this Agreement shall govern. Page 2 insert new Whereas clause: WHEREAS, in an effort to resolve the concerns ofthe Confederated Tribes and Bands of the Yakama Indian nation and to facilitate their involvement and cooperation in the Planning Process and this Agreement on December 15, 1998 the Initiating Governments approved and adopted the Operational Agreement among Yakzma River Watershed Planning Initiating governments ("Operational Agreement') attached hereto as Appendix 2. Definitions 1 1 "Agency" means the Tri -County Water Resource Agency. Agency membership consists of the Initialing Governments. The Agency is the Lead Agency as those terms are defined below. To this extent, Agency, initiating Governments and Lead Agency are common terms for purposes of this Agreement. 1.4 "Initiating Governments" means those local and tribal governments generally designated by RCW 90.82.060 for the purposes of initiating watershed planning and designating a lead agency for such planning. For purposes of the Agreement the Initiating Governments are Benton C..'ounty, Kittilas County, Yakima County, City of Ellensburg, City of Yakima, Roza Irrigation District, .Sunnyside Valley Irrigation District, Yakima-Tieton Irrigation District and, if they accept the invitation to participate in the planning process as an Initiating Government, the confederated Tribes and Bands of the Yakama Indian Nation. 1.5 "Lead Agency" means the organization designated by the Initiating Governments pursuant to RCW 90.82.060 to serve as the lead agency for the Planning Proce ss, including the receipt and administration of grant funds and the coordination of staff support related 10 watershed planning. For purposes of this Agreement the UA Amendments 12/18/9S Page 1 Lead Agency is the Tri -County Water Resource Agency. 1.8 "Planning Process " means the Watershed Plan preparation under authority of HB2514 (Chapter 247, laws of 1998), the associated public involvementand education process, and activities provided for herein, as.further defined in the Operational Agreement 1.9 "Planning Unit" means the Collective representatives of water resource interests who, as an autonomous body under authcortty of Chapter 90.82 RCW are rased with the responsibility to prepare a watershed plan through the consensus process defined therein, cmd further outlined in Appendix 3. 2. Duties of The Tri -County Water Resource Lem./ Agency The Agency shall: 2.1 pi, )7 f Ir , Receive and achninister grants. 2,2 Acting as Initiating Governments, determine the scope of planning to be conducted and shall consider all existing plans and related planning; activities; 2.3 Acting as the. Initiating governments, designate caul appoint representatives of wide range ofwater resource interests to serve on the Planning Unit; appointment may he made throughout the planning process. , i.e . i e- 2,4 Hold/coordinate upon requst of the Planning Clint, public hearings and/or meetings in all three counties regarding the watershed plan. pl-zrrning-pracess-in 2.5 Administer staff contracts with consultants and other professional services to facilitate the planning process and Unit. iii LV7LjuZ (.LILLJrI PV1LfL LPdG 1 £WZT11i g Unit; fund the activities of the Planning upon request ,f the Planning Unit, review and resolve (the Planning Unit's) disputes regarding interim decisions on plan development activities. 2.7 [stet] UA Amendments 12/Ig/98 Page 2 As Lead Agency for the Planning Process, the Agency shall: 2.1 Apply for grants from the State for funding the Planning Process; 2.2 Determine the scope of the Planning Process, including existing plans which may be incorporated -and/or -updated into the Watershed Plan;._ ._ - _ _. 2.3 Designate representatives of a wide range of water resource interests to serve on the Planning Unit; 2.4 Hold public hearings and/or meetings in all three Counties regarding the Planning Process and incorporate existing plans into the Watershed Plan; 2.5 Determine how the Planning Unit will be staffed, contract with consultants and professional services to conduct studies within the scope of the Planning Process, and fund the activities of the Planning Unit; 2.6 Review and resolve the Planning Unit's disputes regarding interim decisions on plan development activities; 2.7 Hold public hearings on the Watershed Plan prepared by the Planning Unit, and provide a report on the public hearings and its recommendation to the County legislative authorities for the approval process provided in Section 9 of HB 2514. 3. SUPPORT AND FINANCING FOR THE PROJECT 3.1 The Agency is authorized to apply for and accept grants in the name of the Agency from federal, state, local and private sources. The Agency may utilize existing grant funds and appropriations in the Agency's accounts for the purposes specified herein. 3.2 The Initiating Governments shall not be obligated to pay any debts of the Agency or the Planning Unit. These costs shall be filnded solely through grants and voluntary contributions. 3.3 The Agency shall approve annual budgets for its operations. The Agency's fiscal year shall be July 1 through June 30. The budget for the Agency as expanded by this Agreement shall be approved prior to June 30, 1998. 3.4 The Agency shall not acquire real property. Any personal property acquired for use by the Agency shall be acquired in the name of the Agency and shall be sold or equally and equitably divided among the Initiating Governments upon the termination of this Agreement. -4- INTGVT98-Tcwr 50015973.03 07-09-98 ir'5: !r•.ii II; :L { 4. REPORTING REQUI4l!!d`ENTS x , r The Agency Director shall report monthly to, each Initiating Government regarding its activities during the prior period. Reporting may be in "writing, or by reporting to the Tri -County Water Resource Board at their monthly meeting. ' 5. BOOKS, ACCOUNTS -AND PERSONNEL POLICIES 5.1 The Agency shall_ establish, ;a special fund with the Yakima County Treasurer to be designated "Operating Fund of -the :TriCounty Water Resource Agency." All sums received by the Agency shall be placed in such fund and all sums' expended by the Agency shall be disbursed from such fund. The YakimayCounty Treasurer shall be the custodian of the fund, and the Yakima County Auditor shall keep; record of the receipts and disbursements, and shall draw and the Yakima County Treasurer :shall honor and pay all warrants, which shall be approved before issuance' and payment 'as directed by the Agency. All interest earned ori sums placed in the Agency's fund shall accrue to such fund. Reasonable administrative costs incurred by Yakima County in the performance of this Section 5.1 shall be paid by the Agency, provided, the Agency is not obligated to pay any such administrative costs in excess of their fair market value. 5.2 The Agency shall keep fiill and complete books of accounts showing the Planning Costs incurred in connection with the 'Planning Process. " The ,cost of keeping those books shall be considered to be a Planning Cost of the Agency. Audits of the books shall be performed annually by the Washington State Auditor, and the cost of such audit shall be considered a Planning Cost. More frequent audits, if requested by any Initiating Government, shall be charged to the Initiating Government making the request. 5.3 The Agency Director and any other supporting staff hired by the Agency shall become employees of Yakima County and shall be subject to the personnel policies of Yakima County. 6. TRI -COUNTY WATER RESOURCE BOARD a 6.1 There is hereby -established a Tri -County Water Resource Board to act in the name of the Agency for the purpose -Of (1) entering. contracts, engaging personnel and consultants, and providing ,the watershed planning identified herein, (2) advising the Initiating Governments concerning the Planning Process, (3) providing the Initiating Governments the opportunity to resolve any disagreements that may arise between or among the Initiating Governments or the- Plahriirig Unit representatives with respect to the Planning Process, (4) providing a mechanism for reviewing°Planning Costs, and (5) for the additional purposes described in this Agreement. 6.2 The Tri -County Water Resource Board shall consist of one representative from each Initiating Government appointed by its legislative authority. Each such representative shall be an elected official or the senior manager/administrator for the Initiating Government he or she represents and shall have one vote. Each Initiating Government shall also designate an `5- 1NTGVT98-TcwRk 50015973.03 07-09-98 official to serve as an alternate with full authority in instances when the primary representative of such Initiating Government is not available. A quorum of the Tri -County Water Resource Board shall be five members. The Board shall take action by a majority vote. The Planning Unit's approval of the Watershed Plan, and the County legislative authorities' approval of the Watershed Plan, shall be as set forth in HB 2514, as it may be amended from time to time. 6.3 In June of every even numbered year, the Board shall elect a chairman and vice-chairman to serve two year terms. The chairman, or in his/her absence the vice-chairman, shall conduct meetings and such other business as authorized by the Board. 6.4 Initiating Governments may withdraw from the Agency and the Board by providing written notice to the Agency Director or the chairman, or by announcing the withdrawal at a public meeting of the. Board. This Intergovernmental Agreement shall remain valid and in full force and effect and the Agency shall continue to serve as the Lead Agency for the watershed planning process despite any such withdrawal. The withdrawal of any Initiating Government from the Agency and Board shall not affect the Planning Unit's authority to prepare the watershed plan or the approval process set forth in chapter 90.82 RCW. If the withdrawal of one or more Initiating Governments at a Board meeting causes the Board to lack a quorum as defined in paragraph 6.2, the remaining Board members in attendance shall constitute a quorum for purposes of transacting business at that meeting, but no business may be conducted that was not listed on the Board's agenda. The Board shall reexamine the quorum requirement in paragraph 6.2 following the withdrawal of two or more Initiating Governments. 7. AGENCY AND PUBLIC PARTICIPATION The Agency shall work in cooperation with the YIN, State and Federal agencies, and Local Governments. Public participation through public hearings and other methods shall be provided by the Agency as part of its management of the Planning Process. 8. PROTECTION OF EXISTING RIGHTS The Watershed Plan authorized by HB 2514 and this Agreement shall not contain any provisions that: (a) are in conflict with existing state statutes, federal laws, or tribal treaty rights; (b) impair or diminish in any manner any existing water right evidenced by a claim filed in the water rights claim registry established under chapter 90.14 RCW or a water right certificate or permit; or (c) violate any other provision of Section 8 of HB 2514. The Watershed Plan envisioned by this Agreement is intended to have prospective application only with regard to water right applications, and to serve as a guide for future water resource allocation and protection decisions for the Yakima River Basin by the Initiating Governments, State and federal agencies, and other Local Governments in the planning area. -6- INTGVT98-TCwRA 50015973.03 07-09-98 9. INTERGOVERNMENTAL AGREEMENT This Agreement constitutes an exercise- of the Initiating Governments' authority under Chapter 39.34 RCW, the Interlocal 'Cooperation- Act. Copies of this Agreement and the resolutions from each Initiating Government authorizing the execution hereto shall be filed with the county auditor of each' County; the State Department of Community, Trade and Economic Development, the Secretary' of State, and the YIN Tribal Council. 10. EFFECTIVE DATE/TERM OF AGREEMENT 10.1 This Agreement shall be effective, -and the original Interlocal Agreement dated November 6, 1995 shall be superseded by this Agreement, immediately upon its execution by all Initiating Governments. 10.2 This Agreement shall automatically terminate effective at any time the Agency does not have sufficient funds necessary to meet current Planning Costs, unless the Initiating Governments each agree to contribute the sufficient funding necessary to meet Planning Costs for the current fiscal year.. 10.3 Unless earlier terminated under Section 10.2 or by written notice from each of the Initiating Governments, this Agreement shall terminate four years from the date the Agency receives its first grant funds from the State under HB 2514, if it is not extended by written agreement approved by each Initiating Government's legislative authority prior to such date. 11. ADOPTION/AMENDMENT This Agreement may be executed in any number of counterparts, all of which shall constitute one Agreement. The execution of one counterpart by any party shall have the same force and effect as if that party had signed all other counterparts. This Agreement may be amended at any regular or special meeting of the Tri -County Water Resource Board with the unanimous approval of the designated representatives of the Initiating Governments. Amendments shall be numbered and attached to the Agreement and distributed as set forth in Section 9. Approved as to form: BENTON COUNTY BOARD OF COMIVIISSIONERS ATTEST: Chairman Date Member Clerk of the Board Member -7- INTGVT98-TcwRA 50015973.03 07-09-98 Approved as to form: KITTITAS COUNTY BOARD OF COMMISSIONERS Chairman, Date ATTEST: Member Clerk of the Board Member Approved as to form: YAKIMA COUNTY BOARD OF COMMISSIONERS ATTEST: Chair Date Member Clerk of the Board Member ATTEST: CITY OF ELLENSBURG City Clerk Mayor Date ATTEST: CITY OF YAKIMA City Clerk INTO VT98-TCwRA 50015973.03 07-09-98 Mayor 1 -8- Date ROZA IRRIGATION DISTRICT Manager Date SUNNYSIDE VALLEY IRRIGATION DISTRICT Manager Date YAKIMA-TIETON IRRIGATION DISTRICT Manager Date (If invitation accepted) CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION Chair, Tribal Council Date -9- INTGVT98-TCwRA 50015973.03 07-09-98 ATTEST: City Clerk Contract No. 99-08 sIl.y SUNNYSIDE�IRRIGATION DISTRICT 04/44 VA1140, 1114199 Man Date YAKIMA-TIETON IRRIGATION DISTRICT ILLJ Manager Date/ /ate C!� (If invitation accepted) CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION Chair, Tribal Council Date TCWRA Intergvmt Agm and including amendments 12/23/98 Page 10