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HomeMy WebLinkAboutR-2002-156 MOA RE: Extension of Third Amended Intergovernmental Agreement for Tri-County Water Resource AgencyRESOLUTION NO. R-2002- 156 A RESOLUTION authorizing and directing the Mayor to execute a "Memorandum of Agreement RE: Extension of the Third Amended Intergovernmental Agreement for the Tri -County Water Resource Agency", and to approve an "Amendment to the Third Amended Intergovernmental Agreement for the Tri -County Water Resource Agency." WHEREAS, the Third Amended Intergovernmental Agreement for the Tri -County Water Resources Agency was entered into for the'purpose of administering the development of a local watershed plan under the authority of HB 2514 (Chapter 90.82 RCW) for the Yakima River Basin in WRIA's 37, 38, and 39: and authorizing requests for grant funding; and other responsibilities. WHEREAS, this agreement terminates December 31, 2002 unless it is extended by written agreement approved by each of the Initiating Government's legislative authority prior to such date. WHEREAS, the current grant contracts with the Washington State Department of Ecology extend to January 31, 2003. WHEREAS, the City of Yakima deems it to be in its best interest to extend the termination date of the Third Amended Intergovernmental Agreement for the Tri -County Water Resources Agency, for purposes of Plan Adoption and to receive reimbursement of grant funds previously expended; now, therefore, BE IT RESOLVED by the City Council of the City of Yakima, The Mayor is hereby authorized and directed to execute a "Memorandum of Agreement RE: Extension of the Third Amended Intergovernmental Agreement for the Tri - County Water Resource Agency", and to approve an "Amendment to the Third Amended Intergovernmental Agreement for the Tri -County Water Resource Agency." ADOPTED BY THE CITY COUNCIL, this 17th day of December 2002. ATTEST: //IUlary Place, Mayor Karen Roberts, City Clerk AMENDMENT TO THE THIRD AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE TRI -COUNTY WATER RESOURCE AGENCY Tri -County Water Resource Agency hereby amends the Third Amended Intergovernmental Agreement for the Tri -County Water Resource Agency (Agreement) signed during the year 2000, pursuant to Paragraph 11, Adoption/ Amendment, by unanimous approval of the designated representatives of the Initiating Governments as follows: AMENDMENT 1: Paragraph 10.3 shall be amended to read as follows: 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, 2003, if it is not extended by written agreement approved by each Initiating Government's legislative authority prior to such date. This amendment will replace Section 10.3 of the Agreement which states that the Agreement shall be terminated on December 31, 2002. Approved as to form: BENTON COUNTY BOARD OF COMMISSIONERS ATTEST: Chairman Date Member Clerk of the Board Member Page 1 Approved as to form: ATTEST: Clerk of the Board. Approved as to form: ATTEST: Clerk of the Board ATTEST: YAIUMA COUNTY BOARD OF COMMISSIONERS airman Member (96 69 3 Date /-0K- Member KITTITAS COUNTY BOARD OF COMMISSIONERS Chairman Date Member Member CITY OF YAKIMA • ATTEST: City Clerk CITY CONTRACT NO: RESOLUTION NO: /94, CITY OF ELLENSBURG 1- 6 — 03 Date Mayor ROZAI RIG ION DI'.TRICT Date Manager • Date SUNNYSIDE VALLEY IRRIGATION DISTRICT Manager Page 2 Date t\clients\lem\tri-county amendmt to third azn.doc t2118/2002 3:96 pmda yA►KIMA-TIETON IRRIGATION DISTRICT Page 3 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /SA For Meeting of 12/17/02 ITEM TITLE: A resolution authorizing and directing the Mayor to execute a "Memorandum of Agreement RE: Extension of the Third Amended Intergovernmental Agreement for the Tri County Water Resource Agency", and to approve an Amendment to the Third Amended Intergovernmental Agreement for the Tri County Water Resource Agency. p SUBMITTED BY: Dueane Calvin, Water/Irrigation Division Manager Glenn Rice, Assistant City Manan, 1 1 CONTACT PERSON/TELEPHONE: Dueane Calvin / 576-6480 SUMMARY EXPLANATION: Staff respectfully requests City Council to approve the attached resolution authorizing the execution of the "Memorandum of Agreement RE: Extension of the Third Amended Intergovernmental Agreement between for the Tri County Water Resource Agency", and to approve an "Amendment to the Third Amended Intergovernmental Agreement for the Tri County Water Resource Agency." The fundamental purpose of this Amended and additional Memorandum of Agreement is to extend the termination date of the Third Amended Intergovernmental Agreement for the Tri County Water Resources Agency, for purposes of Pian Adoption and to receive reimbursement of grant funds previously expended. Resolution X Ordinance _Contract Other (Specify) Agreement & Amendment Funding Source: N/A APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the resolution authorizing and directing the Mayor to execute a "Memorandum of Agreement RE: Extension of the Third Amended Intergovernmental Agreement between for the Tri County Water Resource Agency", and to approve an Amendment to the Third Amended Intergovernmental Agreement for the Tri County Water Resource Agency. COUNCIL ACTION: COSY THIRD 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, and Yakima-Tieton Irrigation District, (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 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 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 a Memorandum of Agreement, dated May 28, 1998 which is attached hereto as Appendix 1. A First Amended Interlocal Agreement was adopted on July 9, 1998, which is attached hereto as Appendix 2. A Second Amended Intergovernmental Agreement was adopted on March 4, 1999, which is attached hereto as Appendix 3 The Initiating Governments as of December 15, 1998, also adopted an Operational Agreement, attached hereto as Appendix 4. 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, Local Governments, and all interested parties. TCWRA Third Intergovernmental Agreement i and mcludmg amendments 5/25/00 Page 1 WHEREAS, pursuant to RCW 43.21C, comprehensive water resource planning must consider the requirements of the State Environmental Policy Act within the scope of the planning process and in the development of any final watershed proposal WHEREAS, •1• 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 Initiating Governments private �-, �� �_-�...... the Initiating wai...x tcU- V V Y .�_SS•�S;LJ 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, (RCW 90.82) 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. IH EREAS, 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 r- planning process that tier Initiating Governments provide for broad ,.._yu_-a r_ 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 5. 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, the Confederated Tribes and Bands of the Yakama Indian Nation became a member of the initiating governments and an Operational Agreement was adopted by the initiating TCWRA Third Intergovernmental Agreement and including amendments 5/25/00 Page 2 governments on December 15, 1998, and a Second Amended Intergovernmental Agreement for the Tri-Coutny Water Resource agency was adopted by the initiating governments on March 4, 1999. WHEREAS, the Confederated Tribes and Bands of the Yakama Indian Nation have by letter dated December 21, 1999, attached hereto as Appendix 6, notified the Tri -County Water Resource Agency that it no longer wished to be a member or participant in the watershed planning process or an initiating government of the Tri -County Water Resource Agency, a Third Amended Intergovernmental Agreement for the Tri -County Water Resource Agency and rescission of the Operational Agreement is desired by the remaining Initiating Governments. 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. 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 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. Upon execution of the Third 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 and the Yakima-Tieton Irrigation District. The Confederated Tribes and Bands of the Yakama Indian Nation have declined to continue as an initiating government. 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 this Agreement the Lead Agency is the Tri -County Water Resource Agency. TCWRA Third Intergovernmental Agreement and including amendments 5/25/00 Page 3 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 Title 90 82 RCW, the associated public involvement and education process, and activities provided for herein 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 7. 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 BB 2514 (Chapter 247, Laws of 1998). 1 13 "SEPA" means the State Environmental Policy Act as codified in RCW 43.21C 2. DUTIES OF THE TRI -COUNTY WATER RESOURCE AGENCY The Agency shall. 2.1 Receive and administer grants. 2 2 Acting as the 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. TCWRA Third Intergovernmental Agreement and including amendments 5/25/00 Page 4 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 2.8 Act as Lead Agency for SEPA purposes, and develop such policies and procedures, and take such actions as reasonably necessary to insure compliance with SEPA statutory and regulatory requirements. 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. 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. TCWRA Third Intergovernmental Agreement and mcludmg amendments 5/25/00 Page 5 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 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. 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 TCWRA Thud Intergovernmental Agreement and mcludmg amendments 5/25/00 Page 6 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. 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 TCWRA Third Intergovernmental Agreement and mcludmg amendments 5/25/00 Page 7 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 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 and the State Department of Community, Trade and Economic Development. 10 EFFECTIVE DATE/TERM OF AGREEMENT 10 1 This Agreement shall he effective, and the interlocal Agreement dated November 6, > 1995, between Yakima County, Benton County, and Kittitas County; the Memorandum of Agreement dated May 18, 1998; the First Amended Interlocal Agreement dated July 9, 1998, and the Second Intergovernmental Agreement dated March 4, 1999; shall be replaced and superseded by this Third Amended Intergovernmental Agreement, immediately upon its execution by each of the Initiating Governments identified. 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 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 from each of the Initiating Governments, thisAgreement shall terminate on or before December 11, 2002 if it is not extended by written agreement approved by each Initiating Government's legislative authority prior to such date. 10 4 The Operational Agreement among the Yakima River Watershed Planning Initiating Governments dated December 15, 1998, shall be rescinded. 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 Third Intergovernmental Agreement and mcludmg amendments 5/25/00 Page 8 Approved as to form. ATTEST: AiiiigIT d as to form: 4`41 OFYIlK7111. •'`'°,5, : y t% a. zI-+s S 0:0J /4.4? BENTON COUNTY BOARD OF CO Chairman Member a6,447(foe Member YAKIMA COUNTY BOARD OF COMMISSIONERS Clerk of the Board Approved as to form: ATTEST.' i . —0-- , .. dt 171 KITTITAS COUNTY BOARD OF COMMISSIONERS /4/, Chairman Date •6/114,vol Z.ti;, & Member of the Boa A TES City Clerk Member At TCWRA Third Intergovernmental Agreement and including amendments 5/25/00 CITY OF ELLENSBURG f /4, ayor Date Page 9 ATTEST r; ':_ CITY OF YAKIMA , /6'. 3- , /1/YZ-4, City Ciera " , Mayo, -J- ROZA IRRIkf'ION D STRICT Mana Date V LLEY SUNNYSIDE"IRRIGATION DISTRICT 00 YAK_IIVIA-T I I'TON IRRIGATION DISTRICT l kot6,4,- 11 /_/ s_s^_ i.. w pcyfvo Manager Date -; 7 —CO Date Yakima Contract No_ 2000-64 Yakima Resolution No_ R-2000-97 TCWRA Third Intergovernmental Agreement and including amendments 5/25/00 Page 10 L L+LVLjA 1 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 WATERSHED PLANNING INITIATION FOR THE 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 (HB 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 HB 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 appointed by the initiating governments together with the Yakima River Watershed Council to constitute the planning unit. d. The TC W KA 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. g. A consensus process shall be the first effort to decision-making of the initiating governments. Tf the initiating governments fail to reach a consensus, the initiating governments may decide by a majority vote. 3. Financial Oblinations of Initiating Governments. The initiating governments shall not be obligated to pay any debts or operating costs of the TCWRA or the nlanninCT unit. r•i4 .b contributions. These cots shall be funded sogrants and voluta nry u� 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 9 recommendation to the county legislative authorities for the approval process provided in Section 9 of HB2514. 3 �u 1 LL'4JJ1J\ G 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 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, 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 through 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, themnal power production, preservation of -1- 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 IIB 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 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 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 -5- 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 te111linated under Section 10.2 or by written notice from each of the Initiating Governments, this Agreement shall tellninate 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 iii any number of couflterparts, all or 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: Cleric of the Board INTGVT98-TcwRA 50015973 03 07-09-98 Chailulan Date Member Member -7- Approved as to form: KI1-1ITAS COUNTY BOARD OF COMMISSIONERS Approved as to form: ATTEST: Date Member YAKLMA COUNTY BOARD OF COMNIISSIONERS Chair Date Member Clerk of the Board Member ATTEST: CITY OF ELLENSBURG City Clerk Mayor Date ATTEST: CITY OF YAHIMA City Clerk Mayor Date -8- INTGVT98-TCWRA 50015973.03 07-09-98 INTERGOVERNMENTA._ ,GREEMENT FOR THE TRI -COUNTY WATER RESOURCE AG,.,;Y Approved as to form: Deputy Prosecuting Attorney Attest: 73f7? erk of e Board of Co. Comnrs. Member BENTON COUNTY BOARD OF COMMISSIONS} Chairman Dare Chairman Pro tem Approved as to form: WIT= A s COT TNTY BO AID OF COMMISSIONERS Deputy Prosecuting Attorney Chairman Attest: D ate Chairman Pro Lem Clerk of the Board of Gn. Cmmnrs, Member Approved as to form: 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 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. PROTECTION OF EXISTING RIGHTS The Watershed Plan authorized by IIB 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 KB 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 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 Intergvmt Agrn and including amendments 12/23/98 Page 7 Approved as to foi in. BENTON COUNTY BOARD OF OMMISSIONERS ATTEST Approved as to for in - ATTEST: J? -e. Chairman Charman Date Mem er Member .JA COUNTY BO A OF COMMISSIONERS Chairman Clerk of the Board Mmber Date Approved as to form: KITTITAS COUNTY BOARD OF COMMISSIONERS ATTEST: Clerk of the Board ATTEST Member A Member 2) ?.1,44-r,71 CITY OF ET T ENSBURG 111.111117 Ada City Clerk Mayor TCATRA err_-simt Agr and including ami c.dments 12/23/98 Date Date Page 9 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 nrrmLNDIA '4 OPERATIONAL AGREEMENT AMONG Y AKIIvIA RIVER WA T ERStED 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 ,,,-.,,.oa, � and decision , and procedures far 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 estimation satisfies 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, including 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 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 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 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 provis; ,n 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 Intergymt Agm and including amendments 12/23/98 Page 1 1 DEFINITIONS 11 1.2 "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, xtent, Agency, initiating Governments and Lead Agency are common terms for purposes of this Agreement. "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 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. Upon execution of the Second Amended Iribe.gover mental 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 this 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 Intergvmt Agm and including amendments 12/23/98 Page 3 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 includmg amendments 12/23/98 Page 5 8 r'J11N )in 7 KLICKI T AT COUNTY BOARn OF COUNTY COMMISSIONERS 20S S. COLUMBUS AVENUE, Roam 103, MS -CH -04, GOLDENDALE WAsHINGroN 98620 o FAX 549 773-6779 o VOCE 509 773-4612 LAN Sham, Drs-rRicr #1 Jcr, _ . r'u� � itG I. DiJ LR.1Cr #z RAY THAI Dts-nucr #3 May 11, 1998 To: Benton County Commissioners Yakima County Commissioners - - Kittitas County Commissioners RECEIVEn MAY 14 1998 BENTON COUNTY COMM1EctnntER3 Dear Commissioners: Klickitat County supports the multi -Water Resource Inventory Area (WRIA) planning approach for all areas contained in WR.IAs 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 Council/Planning 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 planning 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 Development Director ConfederE 'Tribes and Bands of the Yaku..:a Indian Nation rirr 2 9 1999 December 21, 1999 Max Benitz, Jr , Chair Tri County Water Resource Agency 402 E. Yakima Ave., Suite 360 Yakima, WA 98901 Dear Mr. Benitz: AP'PENDIX 6 Established by the Treaty of June 9, 1855 We are prompted to write this letter by the misrepresentation you made to the House Agriculture and Ecology Committee on December 14th that the Yakama Nation is a member of your organization's watershed planning process. As you know, the Nation terminated its membership and involvement in all facets of your organization's activities in September. Please refrain from making such misrepresentations in the future. Let us reiterate the point of our September 13th letter to the Director of the Department of Ecology. Pursuant to Section 6.4 of the Second Amended Intergovernmental Agreement for the Tri - County Water Resource Agency and Section 10 of the Operational Agreement among the Yakima River Watershed Planning Initiating Governments, the Yakama Nation withdrew on September 13th from the Tri -County Water Resource Agency and the Tri -County Water Resource Board, which you received notice of from the Department of Ecology. In case you have any continuing misunderstanding, consider this letter as written notice that the Yakama Nation withdraws and has withdrawn its membership and participation from all activities of the Tri -County Water Resource Agency and the 2514 process in the Yakima Basin including the Tri -County Board, the Planning Unit, the four technical committees, and the Steering Committee. This withdrawal, of course, includes all of the individual Tribal Council and Yakama Nation staff members who were authorized by our letters of February 3rd, 1999 and March 2nd, 1999 to serve on the Tri -County Board, the Planning Unit, and the committees of the Planning Unit. Under the provisions of Section 10 of the Operational Agreement among the Yakima River Watershed Planning Initiating Governments, the Yakama Nation 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. By our withdrawal, we, of course, do not withdraw any of our arguments or concerns about the irregularities in the Tri -County process under applicable agreements and state law. Please refrain from falsely representing the Yakama Nation's participation in your planning process. In addition, the Yakama Nation requested more than a year ago that you remove the name "Yakama Indian Nation" from the "Mission Statement" on your Web Page. We received no response and the offending reference has not been removed. The Yakama Nation does not allow its name to be used for purposes not expressly approved by the Yakama Tribal Council. Such permission was not granted in this case. To avoid perpetuating the false impression given by this reference, please remove the name "Yakama Indian Nation" from your "Mission Statement" immediately. cc: Tri -County Board Members onnie Selam, Sr., Chai an akama Tribal Counci Post Office Box 151, Fort Road, Toppenish, WA 98948 (509) 865-5121 APPENDIX -7 Tri -County Water Resource Agency Appendix 4 3 to the Intergovernmental Agreement The Planning Unit's Responsibilities Apply for grants under the Watershed Planning Act from the state for funding the process, ?. 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 Tri -County Water Resource (Initi,.ti_.... G______ the --- ....-,..••�✓ .......,.., baz,�v_x+..i, Board (Initiating Governments) additioI"lai 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 Banding 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 l TRI -COUNTY WATER RESOURCE AGE 402 East Yakima Avenue, Suite 360 Yakima, WA 98901 Phone: 509-574-2650 June 5, 2000 alp Fax: 509-574465 } itti Chairmen, Boards of County Commissioners City Managers Managers of Irrigation Districts RE: Third Amended Intergovernmental Agreement for the Tri -County Water Resource Agency Dear Sirs: The Tri -County Water Resource Agency Board has reviewed, approved and recommends for your approval the enclosed new Intergovernmental Agreement. The changes to the Agreement are as stated in the enclosed letters from our legal council, Larry Martin, dated March 22 and May 24, 2000. Please schedule this agreement for adoption by your respective boards I will then route one master copy so that we can get all signatures on the original. I would appreciate it if you would inform our office of the scheduled date and time for adoption so that I may attend, if possible, and obtain the master signature at that time If I am not able to attend I will contact the one authorized for sign the Agreement or arrange a convenient time for signature. If you have any questions, please call me at 574-2650 Sincerely yours, Jim Milton, P.E. Executive Director Enclosures- Third Amended Agreement Letter dated March 22, 2000 Letter dated May 24, 2000 Agreeltr Lawrence E. Martin E -Mail Imartin@h alversonlaw.com March 22, 2000 LAW OFFICES OF HALVERSON & APPLEGATE, P.S. 311 NORTH FOURTH STREET MAILING ADDRESS: P 0 BOX 22730 YAKIMA, WASHINGTON 98907-2715 Mr. Max Benitz, Jr. Tri -County Water Resource Agency 402 East Yakima Avenue, Suite 360 Yakima, WA 98901 RE: Tri -County Water Resource Agency Dear Max: By facsimile and mail TELEPHONE 509-575-6611 FACSIMILE 509-457-2419 I have attached to this letter a draft of a Third Amended. Intergovernmental Agree- ment for the Tri -County Water Resource Agency. I apologize for not getting this sooner to you, prior to the TCWRA Board meeting. I have made various changes, including eliminating references to the Yakama Nation. In addition to those suggestions, I have made the following changes: The last two paragraphs under Recitals and Findings are new. Paragraph 1.13 has been eliminated. A new paragraph 10.4 has been added, rescinding the Operational Agreement. I do not recall any specific discussion regarding the Operational Agreement, and possibly you wish to have it amended, rather than rescinded. That should be discussed and reviewed. I welcome any further suggestions or questions. Very truly yours, Dictated but not read Lawrence E. Martin LEM:da Enclosure cc: Mr. Max Golladay (with enclosure & returning Second Amended Agreement) f:\clients\lem\tri-county\benitz 0322.doc 3/22/2000 9:14 amda Lawrence E. Martin E -Mail lmartin@h alversonlaw. com May 24, 2000 Hand Delivered LAW OFFICES OF HALVERSON & APPLEGATE, P.S. 311 NORTH FOURTH STREET MAILING ADDRESS: P.O. BOX 22730 YAKIMA, WASHINGTON 98907-2715 Tri -County Water Resource Agency Attn: Dorothy 402 East Yakima Avenue, Suite 360 Yakima, WA 98901 RE: Tri -County Water Resource Agency Dear Dorothy: TELEPHONE 509-575-6611 FACSIMILE 509-457-2419 Enclosed with this letter is a draft of a Third Amended Intergovernmental Agreement. I would ask that you pass this letter and the Amended Agreement on to Max Benitz and the board. Pursuant to comments I received from Glen Fiedler and a subsequent phone call with Glen Fiedler, I have made changes to the following paragraphs from the previous draft: 1. Page 1, the fourth "Whereas" paragraph: I have renumbered the various Appendices and specifically identified the previous agreements. 2. Page 2, the seventh "Whereas" paragraph: The letter from Klickitat County has been renumbered as Appendix 5. 3. Page 3, the first and last "Whereas" paragraph: The letter dated December 21, 1999, from the Yakama Tribe has been identified as Appendix 6. 4. Page 4, paragraph 1.9: The planning unit's responsibility outline has been re-identified as Appendix 7. 5. Page 7, paragraph 9: I have removed the language that this agreement will be filed with the "YIN Tribal Council." Instead, the agreement will be filed just "... with the County Auditor of each County, the State Department of Community Trade and Economic Development, and the Secretary of State." Tri -County Water Resource Agency May 24, 2000 Page 2 6. Page 8, paragraph 10.1: This paragraph has been clarified to identify each of the previous agreements, including the agreement dated November 7, 1995, as being replaced and super- seded by this agreement. I identified the November 7, 1995, agreement as being executed by Yakima, Benton and Kittitas Counties. I have not actually seen or reviewed that document, so it needs to be confirmed that I have identified the proper parties. 7. Page 8, paragraph 10.4: This paragraph has not been changed, but I bring it to your attention to remind you that this new agreement will rescind the Operational Agreement dated December 15, 1998. I have not attached the various appendices to this draft, as the copies that I have in my file are not all signed by the necessary parties and also have various facsimile stamps and other markings on the copies. The following documents will need to be attached to the Third Amended Intergovernmental Agreement when it is ready to be signed and completed: Appendix: 1. VMemorandum of Agreement dated May f8, 1998 2. ✓First Amended Interlocal Agreement dated July 9, 1998 3. ,j Second Amended Intergovernmental Agreement dated March 4, 1999 4. ✓ Operational Agreement dated December 15, 1998 5. ✓ Letter from Klickitat County dated May 11, 1998 6. 'Letter from YIN dated December 21, 1999 7. Planning Unit's Responsibility, exact date unknown. As always, please do not hesitate to contact me with any questions or changes. Very truly yours, LEM: da Enclosure f:\clients\1em\tri county\tricounty.ltr.doc 6/24/2000 9:27 amda A1'1'J iN1)ln 1 - 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 LA�INITIATION NT REGARDING WATERSHED AS 37, 38, & 39) FOR THE YAKIMA RIVER BASIN (WRI 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 (HB 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 HB 2514 is an extension of past and uncurrent ater planning efforts of the Enhancement Project, ima the River Watershed Council, the Yakima River Ba 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 goverment entities in the Yakima River Watershed to initiate the watershed planning process, the designation by of a lead agency for the planning units, and their direction regarding staffing t ities of the planning unit for the multi-WRIA Yakima River Watershed; and ' SAS, the initiating governments designated by Section 2 of HB 2514 are Benton County, Yakima County, Kittitas County, Klickitat County, City of Ellensburg, City of Yakima, Roza Irrigation District, Yakima Tieton Irrigation District, and the Sunnyside Valley Irrigation District; and u7T.7�G� n � ♦ n the JII ''°=' , the confederated tribes and bands of the Yakama Indian Nation have been invited to be one of the Initiating Governments; and WHESAS, the irrigation districts in the initiating governments group recognize the importance of consulting with other irrigation entities three in the WRI.As; 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 mult - WRIA area comprised of WRIAs 37 (Lower Yakima), 38 (Naches), and 39 (Upper 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 h7TP 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 organisations and/or individuals shall be 2 appointed by the initiating governments together with the Yakima River Watershed Council to constitute the planning unit. 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. g. 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 Oblinations 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. 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 RA subsegT,Pnt to the date of this MOA. This Memorandum of Agreement has been executed this g day of May, 1998, on one or more originals, by the parties shown below. Benton County 0/ Kittitas %.unty 7/1/0 4,(La A / / Yakima Cough y Klickitat County ity of Yakima �y „eL, Yakima Tieton Irrigation District e Valley Irrigation District Yakama Indian Nation Approved as to ,Z) nrm: Beh6ton County Deputy Prosecutor 4 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 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 ven a high priority so state and the Yakima River basin that comprehensive utilizedrand en enjoyed tong be lday and protected for that water resources and associated values 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 through 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 en vi op en a1 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 y tot teTri-Countyimpair �W,at,r_ Resource Agency shall have no power or eminent domain any lawful 1ul 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. 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 participa+ion 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 WRLA 37, Klickitat County supports the decision to initiate multi-WRIA planning for WRIAs 37, 38 and 39 designatesand � the Tri -County Water Resource Agency as lead agency; however Klickitat County wil not participate in the planning process or this agreement, as confirmed in the May 11, 1998 let attached to this Agreement as Appendix A. ter NOW, THEREFORE, in consideration of the mutual agreements, covenants and promises contained herein, the Initiating Governments agree to the following terms: 1. DEFINITIONS y 1.1 "A enc " means the Tri -County Water Resource Agency. 1.2 "Agenc�v Dj_rector" 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. INTGVT98-TCWRA 50015973 03 07-09-98 -2- 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 Distnct, 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 perfoiriied 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). 1.13 "YIN" means the Confederated Tribes and Bands of the Yakama Indian Nation. 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 which mayincorporated 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; nlanc 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 ibe 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; s; 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 HD 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 existin funds and appropriations in the Agency's accounts for the purposes specified herein. g grant 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 shah be approved prior to June 30, 1998. 3.4 The Agency shall not acquire real property. Any 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. INTGVT98-TcwRA 50015973.03 07-09-98 -4- 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 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 perfouiiance 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 -5- INTGVT98-TCWRA 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 Tn-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-chajm an, 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 .70�,-,;+,. ,. such _ •., _ .__ despite any 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 ether methods be provided by the Agency as part of its management of the Planning Process. methods shall �� 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. INTGV T98 -TC WRA 50015973 03 07-09-98 -6- 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: Clerk of the Board INTGVT98-TCWRA 50015973.03 07-09-98 Chaiuuan Date Member Member -7- ,ppwveu as to form Approved as to form: ATTEST: Clerk of the Board ATTEST: i.1/( , —City Clerk ATTEST: City Clerk INTGVT98-TCWRA 50015973.03 07-09-98 KITTITAS COUNTY BOARD OF CONEMBSIONERS Date YAICIMA COUNTY BOARD OF COMMISSIONERS Member Member Date CITY OF ELLENSBURG ) Mayor / CITY OF YAM:MA Mayor -8- 95 Date Date Approved as to form: Approved as to form: ATTEST: KITTITAS COUNTY BOARD OF COMMISSIONERS Membe Member YAKIMA COUNTY BOARD OF COMIYIISSIONERS Chair Date Member Clerk of the Board Member Ai TEST: CITY OF ELLENSBURG City Clerk Mayor Date ATTEST: CITY OF YAKIMA City Clerk Mayor Date -8- INTGVT98-TCwRA 50015973.03 07-09-98 ROZA IRRIGATION DIS 1ia T1\I `, 1CT Manager cf- 26 Date SUNNYSIDE VALLEY IRRIGATION DISTRICT ! nle ,a n d f C ! ,, df a'V 0 8 a Maner Date YAKIMA-TIETON IRRIGATION DISTRICT Manager 9 61/4 k Date (If invitation accepted) CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION Chair, Tribal Council Date INTGVT98-TCWRA 50015973.03 07-09-98 -9- INTERGOVERNMENT, ,GREEMENT FOR THE TRI -COUNTY WATER RESOURCE AGS,. Approved as to form: Deputy Prosecuting A torney Attest: 1i 03/I?g erk of � e Board of Co f Comnrs. Member BENTON COUNTY BOARD OF COMMISSIONERS Chairman 6 Date Chairman Pro tem Approved as to form: 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: 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: *KI T TITAS COUNTY BOARD OF COMJSSIONERS ATTEST: Clerk of the Board Approved as to form: ATTEST: Chairman Date Member Member YAKIMA COUNTY BOARD OF COMMISSIONERS Os?. 00.98 Date Clerk of the Board Member A 1TJST: City Clerk ATTEST: 1NTGVT98-TCWRA 50015973.03 07-09-98 CITY OF ELLENSBURG Mayor CITY OF Y 40% Date V,mayor Yakima City Contract No. 98-80 Yakima Ci. -Y- TCAV1U Jl1V-. R-98-112. _8_ Date 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 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 Intergvmt Agin 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_ Agreement shall this Agreement ��a��.-.�� „�a 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 _. any regular 9- ,. _ special , Agreement ---....v ...u.i _, :., amended ir;,� aL 5 egulag 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 TntergVintAga. and including amendments 12/23/98 Page 8 Approved as to fowl ATTEST: Approved as to form. ATTEST: BENTON COUNTY BOARD OF OMMISSIONERS 'i Member A COUNTY BO,/ Ae/I Member Clerk of the Board Mmber OF COMMISSIONERS Date Approved as to form. KITTITAS COUNTY BOARD OF COMMISSIONERS ATTEST: Clerk of the Board ATTEST. Chairman Date Member ��. J ? /f. Member CITY OF ELLENSBURG VOW...=- City Clerk Mayor Date c TC VRA Ila erg nt kkgi and including amendments 12/23/98 Page 9 ATTEST: City Clerk Contract No. 99_08 ROZA 1RR TG • TION D . STRICT f' Manager CITY OF YAKIMA Date "-"Sr�P SLINN. YSIDE"IRRIGATION DISTRICT YAKLI La-TIETON IRRIGATION DISTRICT (If invitation accepted) CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION 3-�-49 Chair, Tribal ncil Date TCWRa Intergymt Agm and including amendments I2l23i98 1)ate Page 10 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 APP1JNDIX i 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 Yakima 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 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 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 provis, -n 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 Intergomt 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 Ulllei 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 Yakama T.,,i;., Nation, local of the Indian Na ion, 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 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. 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 this 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 Intergvmt Agm and including amendments 12/23/98 Page 3 1n 1.7 "Planning Unit" rlanning 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 UB 2514 (Chapter 247, Laws of 1998). 1.13 "YIN" IN" rr leans the Confederated Tribes and Bands of the Y akama 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 Lnitiating Governments, designate and appoint representatives of a wide range of water resource interests to serve on the Plannin Unit; be g v■,.�, appointment may u� 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 +z: RA idle g v -nt Agin 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 he 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 he 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 hP an elected official manager/adrv. strator for the Initiating ------- -- --- �. �.�.... +.��.....�. or the senior laauaats�va/CL6111uiliJ Ll ULVl Lll(, 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 tent's. 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 Intergvrnt Agm and including amendments 12/23/98 Page 6 APPENDIX 4 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 Yalcima 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 estimation satisfies 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, including 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 6) Ali parties agree that discussions materials produced, proposed y �,;,,�,��.,��, 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 proceedings outside the in any rd.,.,,,�.,��, 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 T_ leigQvernmental 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 agreement 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- , � Date: /52-247„/"....i;" / I y Operational Agreement 12/15/98 Max Benitz, Jr., Chairman / Harris Teo, Jr., Chairman Roads, Irrigation & Lands Committee Page 2 VIP ilk APPENDIX 5 KLICKITAT COUNTY BOARD OF COUNTY COMMISSIONERS 205 S. COLUMBUS AVLrUE, Room 103, MS -CH -04, GO GoLDENDALE WuHaxcroH 98620 o FAX 509 773-6779 o votcE 509 773-4612 • LANE SMrtit, D1srFucr #1 JOAN FREY, DtsrRtcr #2 RAY Tt"1AYE . Dtsr .lcr #3 May 11,1998 To: Benton County Commissioners Yakima County Commissioners Kittitas County Commissioners Dear Commissioners: RECEIVED MAY 1 it 1998 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 Council/Planning Unit to be established through the watershed planning process. It is our understanding the planning funding will be provided through state giants. We will also not be participating in the planning 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 Development Director *4 *ONFEOERt TED'*r TRIBES;ANIXBANDS? Confederc ' Tribes and Bands of the Yaku-:a Indian Nation 1-47,29 1999 December 21, 1999 Max Benitz, Jr., Chair Tri County Water Resource Agency 402 E. Yakima Ave., Suite 360 Yakima, WA 98901 Dear Mr. Benitz: APPENDIX 6 Established by the Treaty of June 9, 1855 We are prompted to write this letter by the misrepresentation you made to the House Agriculture and Ecology Committee on December 14th that the Yakama Nation is a member of your organization's watershed planning process. As you know, the Nation terminated its membership and involvement in all facets of your organization's activities in September. Please refrain from making such misrepresentations in the future. Let us reiterate the point of our September 13th letter to the Director of the Depai lnient of Ecology. Pursuant to Section 6.4 of the Second Amended Intergovernmental Agreement for the Tri - County Water Resource Agency and Section 10 of the Operational Agreement among the Yakima River Watershed Planning Initiating Governments, the Yakama Nation withdrew on September 13th from the Tri -County Water Resource Agency and the Tri -County Water Resource Board, which you received notice of from the Department of Ecology. In case you have any continuing misunderstanding, consider this letter as written notice that the Yakama Nation withdraws and has withdrawn its membership and participation from all activities of the Tri -County Water Resource Agency and the 2514 process in the Yakima Basin including the Tri -County Board, the Planning Unit, the four technical committees, and the Steering Committee. This withdrawal, of course, includes all of the individual Tribal Council and Yakama Nation staff members who were authorized by our letters of February 3rd, 1999 and March 2nd, 1999 to serve on the Tri -County Board, the Planning Unit, and the committees of the Planning Unit. Under the provisions of Section 10 of the Operational Agreement among the Yakima River Watershed Planning Initiating Governments, the Yakama Nation 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. By our withdrawal, we, of course, do not withdraw any of our arguments or concerns about the irregularities in the Tri -County process under applicable agreements and state law. Please refrain from falsely representing the Yakama Nation's participation in your planning process. In addition, the Yakama Nation requested more than a year ago that you remove the name "Yakama Indian Nation" from the "Mission Statement" on your Web Page. We received no response and the offending reference has not been removed. The Yakama Nation does not allow its name to be used for purposes not expressly approved by the Yakama Tribal Council. Such permission was not granted in this case. To avoid perpetuating the false impression given by this reference, please remove the name "Yakama Indian Nation" from your "Mission Statement" immediately. Sine cc: Tri -County Board Members onnie Selam, Sr., Chat an akama Tribal Counci Post Office Box 151, Fort Road, Toppenish, WA 98948 (509) 865-5121 APPENDIX 7 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 RESOLUTION NO. R-2000- 97 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Third Amended Intergovernmental Agreement for the Tri - County Water Resource Agency for the purpose of releasing the Confederated Tribes and Bands of the Yakima Indian Nation from participation in the watershed planning process of the Tri -County Water Resource Agency. WHEREAS, a Memorandum of Agreement regarding Watershed Planning Initiation for the Yakima River Basin was entered into for the Tri -County Water Resource Agency by Benton County, Kittitas County, Yakima County, City of Ellensburg, Roza Irrigation District, Sunnyside Valley Irrigation District, City of Yakima, Yakima-Tieton Irrigation District, and the Confederated Tribes and Bands of the Yakima Indian Nation on May 28, 1998 for the purposes of administering the development of a local watershed plan for the Yakima River basin through the Tri -County Water Resource Agency; and WHEREAS, a First Amended Interlocal Agreement was adopted on July 9, 1998; and WHEREAS, a Second Amended Intergovernmental Agreement was adopted on March 4, 1999; and WHEREAS, the Initiating Governments also adopted an Operational Agreement as of December 15, 1998; and WHEREAS, by way of a letter dated December 21, 1999, the Confederated Tribes and Bands of the Yakima Indian Nation have notified the Tri -County Water Resource Agency that it no longer wishes to be a member or participant m the watershed planning process or an initiating government of the Tri -County Water Resource Agency, and WHEREAS, recission of the Operational Agreement is desired by the remaining Initiating Governments; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the attached Third Amended Intergovernmental Agreement for the Tri -County Water Resource Agency, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute (Ik )res/Tri-County l\ ater Resource Amend 3.rp the attached and incorporated Third Amended Intergovernmental Agreement for the Tri - County Water Resource Agency. ADOPTED BY THE CITY COUNCIL this 15th day of August, 2000 ATTEST: /fd KAREN S. OORFRTS, CMC City Clerk Contract No (lk)res/Tn-County Water Resource Amend 3.rp SI MARY PLACE Mary Place, Mayor Certified to be a true and; correct cofay original filed in my office. CITY CLLER Deputy BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ( t For Meeting of 8/15/00 ITEM TITLE: A resolution authorizing and directing the Mayor of the City of Yakima to execute a Third Amended Intergovernmental Agreement for the Tri -County Water Resource Agency for the purpose of releasing the Confederated Tribes and Bands of the Yakama Nation from participation in the watershed planning process of the Tri -County Water Resource Agency. SUBMITTED BY: Dueane Calvin, Water/Irrigation Division Manager Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Dueane Calvin / 576-6480 SUMMARY EXPLANATION: Staff respectfully requests City Council to approve the attached resolution authorizing the City to sign an amended Intergovernmental Agreement for the Tri -County Water Resource Agency. The fundamental purpose of this Amended Agreement, as well as that of the previous one, is to define an entity for purposes of providing leadership in watershed planning for the Yakima River Basin under Chapter 90.82 RCW (commonly known as HB 2514). The amended Agreement provides for the removal of the Yakama Nation's name as a participant in the Yakima River watershed planning process as a member of the Tri -County Water Resource Agency. The removal and striking of the Yakama Nation's name as a participant is being done at their request, per letter to the Tri -County Water Resource Agency dated December 21, 1999. It also identifies the acronym "SEPA" to mean the State Environmental Policy Act as defined in RCW 43.21C. As desired by the remaining Initiating Governments this amendment rescinds the Operational Agreement as well. Resolution X Ordinance _Contract _ Other (Specify) Agreement Amendment Funding Source: N/A APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the resolution authorizing the execution of the accompanying Third Amended Intergovernmental Agreement for the Tri -County Water Resource Agency, by the Mayor of the City of Yakima. COUNCIL ACTION: Resolution Approved. RESOLUTION NO. R-2000--97. FOURTH 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, Yakima County, City of Yakima, Roza Irrigation District, Sunnyside Valley Irrigation District, and Yakima-Tieton Irrigation District, (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 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 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 a Memo- randum of Agreement dated May 18, 1998, which is attached hereto as Appendix 1. A First Amended Interlocal Agreement was adopted on July 9, 1998, which is attached hereto as Appendix 2. A Second Amended Intergovermental Agreement was adopted on March 4, 1999, which is attached hereto as Appendix 3. The Initiating Governments as of December 15, 1998, also adopted an Operational Agreement, attached hereto as Appendix 4. 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, Local Governments, and all interested parties. TCWRA Fourth Intergovernmental Agreement Page 1 WHEREAS, pursuant to RCW 43.21C, comprehensive water resource planning must consider the requirements of the State Environmental Policy Act within the scope of the planning process and in the development of any final watershed proposal. 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 employment 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 (RCW 90.82), 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 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 develop- ment 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 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 5. WHEREAS, in an effort to resolve the concerns of the Confederated Tribes and Bands of the Yakama Nation and to facilitate their involvement and cooperation in the planning process and this Agreement, the Confederated Tribes and Bands of the Yakama Nation became a member of the initiating governments and an Operational Agreement was adopted by the initiating governments on December 15, 1998, and a Second Amended Intergovernmental Agreement for the Tri -County Water Resource Agency was adopted by the initiating governments on March 4, 1999. TCWRA Fourth Intergovernmental Agreement Page 2 WHEREAS, the Confederated Tribes and Bands of the Yakama Nation have by letter dated December 21, 1999, attached hereto as Appendix 6, notified the Tri -County Water Resources Agency that it no longer wished to be a member or participant in the watershed planning process or an initiating government of the Tri -County Water Resource Agency, a Third Amended Intergovernmental Agreement for the Tri -County Water Resource Agency and rescission of the Operational Agreement was adopted by the initiating governments in the year 2000. WHEREAS, the City of Ellensburg and the County of Kittitas having advised the Tri -County Water Resources Agency that they no longer wished to be a member or participant in any future watershed planning process or as initiating governments of the Tri -County Water Resource Agency, a Fourth Amended Intergovernmental Agreement for the Tri -County Water Resource Agency is desired by the remaining Initiating Governments to set forth the agreement of the remaining Initiating Governments, including a new quorum requirement, following the withdrawal of the City of Ellensburg and the County of Kittitas. WHEREAS, by adoption of this Fourth Amended Intergovernmental Agreement, the Initiating Governments do not waive any rights it may have to assert that the City of Ellensburg and the County of Kittitas formally withdrew from the Tn.-County Water Resource Agency prior to December 31, 2002, nor may this Fourth Amended Inter- governmental Agreement be construed as necessary or required to be adopted following the decisions by the City of Ellensburg or the County of Kittitas to not continue with the Tri - County Water Resource Agency. WHEREAS, it is the intention of the Initiating Governments that this Fourth Amended Intergovernmental Agreement will provide for the continuation of the Tri -County Water Resource Agency, and will allow for the withdrawal of the City of Ellensburg and the County of Kittitas. 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. Agency member- ship consists of the Initiating Governments. The Agency is the Lead Agency as those terms are defined below. To this extent, Agency, Initiating Govern- ments 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. TCWRA Fourth Intergovernmental Agreement Page 3 1.3 "County" or "Counties" means Benton and Yakima Counties, individually or collectively. 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. Upon execution of the Fourth Amended Intergovernmental Agreement, the Initiating Govern- ments are Benton County, Yakima County, City of Yakima, Roza Irrigation District, Sunnyside Valley Irrigation District, and the Yakima-Tieton Irriga- tion District. The Confederated Tribes and Bands of the Yakama Nation have declined to continue as an initiating government. The County of Kittitas and the City of Ellensburg have declined to continue as initiating governments. 1.5 "Lead Agency" means the organization designated by the Initiating Govern- ments 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 this 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 r.. 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 Title 90.82 RCW, the associated public involvement and education process, and activities provided for herein. 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 Appenchx 7. 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). TCWRA Fourth Intergovernmental Agreement Page 4 1.13 "SEPA" means the State Environmental Policy Act as codified in RCW 43.21C. 2. DUTIES OF THE TRI -COUNTY WATER RESOURCE AGENCY The Agency shall: 2.1 Receive and administer grants. 2.2 Acting as the 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 through 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 facihtate 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 HB 2514. 2.8 Act as lead agency for SEPA purposes, and develop such policies and procedures, and take such actions as reasonably necessary to insure compliance with SEPA statutory and regulatory requirements. 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. TCWRA Fourth Intergovernmental Agreement Page 5 3.3 The agency shall approve annual budgets for its operations. The Agency ' fiscal year shall be January 1 through December 31. s 3.4 The Agency shall not acquire real property. Ari personaly 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 REQUIREMENT The Agency chrector shall report monthly to each Initiating Government re ardin its activities during the prior period. Reporting may be in writing, or by re ortin g to the g Tri -County Water Resource Board at their monthly meeting. P g 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 alsums 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 showin the planning costs incurred in connection with the planningg process. keeping those books shall be considered to be a planningcost of the Agencocyof . 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 as the governing body for the Agency. All the powers and functions of the Agency shall be vested in the Board. TCWRA Fourth Intergovernmental Agreement Page 6 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 four (4) 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 author- ized 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 Inter- governmental 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 a 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 Govern- ments. 6.5 At the request of any Initiating Government or any other local governments, the Board may represent such governments in water resources activities outside the scope of the Planning Process under FIB 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 YN, state and federal agencies, and local governments. Public participation through public hearing and other methods shall be provided by the Agency as part of its management of the planning process. TCWRA Fourth Intergovernmental Agreement Page 7 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; of (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 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, and the Secretary of State. 10. EFFECTIVE DATE/TERM OF AGREEMENT 10.1 This Agreement shall be effective as of January 1, 2003, and the Interlocal Agreement dated November 7, 1995, between Yakima County, Benton County, and Kittitas County; the Memorandum of Agreement dated May 18, 1998; the First Amended Interlocal Agreement dated July 9, 1998; the Second Intergovernmental Agreement dated March 4, 1999; and the Third Amended Intergovernmental Agreement dated August 17, 2000, shall be replaced and superseded by this Fourth Amended Intergovernmental Agreement, immed- iately upon its execution by each of the Initiating Governments identified. 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 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, 2003, if it is not extended by written agreement approved by each Initiating Government's legislative authority prior to such date. 10.4 The Operational Agreement among Yakima River Watershed Planning Initiating Governments dated December 15, 1998, shall be rescinded. TCWRA Fourth Intergovernmental Agreement Page 8 11. ADOPTION/AMENDMENT 11.1 This Agreement may be executed in any number of counter shall constitute one Agreement. The execution of one counterpart the same force and effect as if the party had signed harts, all of which may be amended any regular special msi ofe p t by any party shall have geed all other counterparts. This Agreement with the unanimous approval of the designated grepresentatives of Tri -County Water Resource Board Govern- ments. Amendments shall be numbered and attached to the Agreement set forth in Section 9. the Initiating 11.2 In the event that this Agreement or anyt and distributed as Intergovernmental ntat Agreement the Agreement part herein; or any prior therein, or any action of the Tri -County Water Resource Ager ncy, is determined or unauthorized or invalid, the parties reserve the right to take whateverany part correct any invalidation or unauthorized action as agreed Agency, to be Govern- ments herein. steps necessary to g cl upon by the Initiating Approved as to form: BENTON COUNTY BOARD OF COMMISSIONERS ATTEST: Clerk of the Board Approved as to form: ATTEST: OVA, V. Clerk of the Board YAKIMA COUNTY BOARD OF COMMISSIONERS Excused C airman d/s D ate _ember Member y\1`e1\!!littlfdl/t��`` vgKr+ij"i, ; • •Q• . • A`r% OG TCWRA Fourth Intergovernmental / c ����-4� Agreement '` ``" a r Page 9 A/ TEST: 46774% _',ter Clerk "entru.,t, No. 99-08 E\elients\lem\tri-county \intergov agr.4th.doe 3/26/2003 4'22 prns!p rev 041503m04042503 TCWRA Fourth Intergovernmental Agreement CITY YAKIMA • Mayor ROZA IRyIG.A-I''I,ON DIS Tp, Date SUN ►_ DE VALLEY IRRIGATION DISTRICT MaLw'er YAKIMA TIETONIRATION DISTRICT Manager Page 10 bate Ir. Dale Approved as to form. BENTON COUNTY BOARD OF COMMISSIONERS Chairman ATTEST. Date Member Clerk of the Board Member TCWRA Fourth Intergovernmental Agreement Date 11 Date June 2, 2003 Board of County Commissioners BENTON COUNTY P.O. Box 190 • Prosser, WA 99350-0190 Phone (509) 786-5600 or (509) 736-3080 Fax (509) 786-5625 Tri -County Water Resources Agency 2301 Fruitvale Blvd. Yakima, WA 98902 RE: Proposed Fourth Amended Intergovernmental Agreement Dear Mr. Milton. Leo Bowman DISTRICT 1 Max Benitz, Jr. DISTRICT 2 Claude L. Oliver DISTRICT 3 Enclosed is the original of the above referenced agreement, unsigned by Benton County Benton County is still fully supportive of the planning process under RCW 90.82 and the proposed plan presented by the planning unit. However, we have growing concerns about our ability to ignore Kittitas County's actions and about the effect of both pending (ESHB 1336) and recently adopted legislation (SB 5073) pertaining to watershed planning. Consequently, we suggest that our efforts focus at this time on working with Kittitas County to obtain plan approval. Our Prosecuting Attorney has agreed to ask for an attorney general opinion regarding our options. If you have any questions, please let us know. Sincerely, gm,- „,,,,,,,,, m Leo M. Bowman Commissioner Enclosure cc• Andy Miller, Benton County Prosecuting Attorney (w/o encl.) Cassandra Noble, Deputy Prosecuting Attorney (w/o encl.)