HomeMy WebLinkAboutYakima Valley Canal Company - Temporary Water Transfer AgreementTEMPORARY WATER TRANSFER AGREEMENT
THIS TEMPORARY WATER TRANSFER AGREEMENT is made and entered into
on the day of ,(4C'L,I,r2020, by and between CITY OF YAKIMA, hereinafter referred
to as the Transferee, whose address is 129 N. 2nd St.; YAKIMA, WA 98901; MEYER
WATER USERS, INC. hereinafter referred to as the Transferor, whose address is 1124
SOUTH 44TH AVENUE, YAKIMA, WA 98908; and YAKIMA VALLEY CANAL
COMPANY, an irrigation company organized under the laws of the State of Washington,
hereinafter referred to as the YVCC, and whose address is 1640 GARRETSON LANE,
Yakima, WA 98908;
WITNESSETH:
1. Transferor, for and in consideration of good and valuable consideration
does hereby transfer to Transferee 2.00 shares of water from the facilities of the
Transferor and Company, said water being owned by the Transferor, and situated, lying,
and being in Yakima County, Washington, and within the boundaries of the Company,
does hereby transfer said 2.00 shares of water from the above -described property for
the 2020 irrigation season (the "current irrigation season" herein) to Yakima County tax
parcel 181327-33006, commonly known as Randall Park, owned by Transferee, situated,
lying, and being in Yakima County, Washington, and within the boundaries of the
Company; it being the intention of Transferee to use said shares of water on the property
last described for the current irrigation season. This agreement shall continue for the
current irrigation season, and be automatically extended unless terminated in writing by
any one of the parties.
2. Transferee does hereby agree to pay the Transferor $120.00 per share for 2.00
shares, for use, a total of $240,00. Payment is due at the Transferor by August 1, 2020
and by May 15th for each irrigation season thereafter. Failure to pay Transferor on or
before June 1st of any future irrigation season shall result in the automatic termination of
this agreement.
3. Transferee does hereby agree that the total resulting shares of water to be used
on the property last above described, including said shares of water herein transferred,
is 2.00 shares of water. The Company, for and in consideration of the conditions provided
herein, does hereby approve and acknowledge the above transfer of the aforementioned
water.
4. The water user parties' above -described properties and water herein transferred
shall be and remain expressly subject to the rules and regulations of the Transferor and
Company. Additional requirements for Transferor's use of the water rights are as follows:
a. Transferee shall install a battery -operated valve (if one is not
currently installed on the premises) and maintain that valve in good
and working condition at a point to be determined and approved by
Transferor.
b. Transferee shall only be allowed to utilize the water shares from
11:00 p.m. to 6:00 a.m. unless otherwise agreed to in writing by
Transferor, or in the case of an emergency.
5. The Transferor remains responsible to the Company for the care, maintenance,
upkeep, operation, management, repair, reconstruction, betterment, and improvement of
facilities of the Company, for the payment of any indebtedness due the United States and
the State of Washington, and for the payment of bonds and interest thereon.
6. The water user parties' above -described properties and water herein transferred
are expressly subject to all the terms and conditions of original water deeds and contracts
creating and initiating the water rights transferred herein.
7. The parties acknowledge and agree to the following:
a. Water rights in the Yakima River Drainage Basin, including but not
limited to the right of diversion and use of and the extent and priority of the right to the
use of any surface water of the Yakima River Drainage Basin, are currently being
determined and adjudicated in the case of State of Washington v. Acquavella, Yakima
County Cause No. 77-2-01484-5.
b. Judge Walter Stauffacher issued an order on August 13, 1992, which
provided as follows:
IT IS HEREBY FURTHER ORDERED that changes in the
place of use of water within the boundaries of an irrigation
district may be approved by the board of directors of the
irrigation district and do not require the approval of the
Department of Ecology.
c . Any and all judicial determinations in said Acquavella case are
subject to appeal and later determinations.
d. The final result and effect of said Acquavella case may be to void or
render voidable this Temporary Water Transfer Agreement and water transferred herein,
and Transferor and Transferee assume all risks and loss arising out of such a result.
e . The District cannot make and does not make any representations or
warranties or otherwise offer any opinions regarding what the final determination will be
in said Acquavella case and its subsequent effect upon this Temporary Water Transfer
Agreement or the water transferred herein.
r. This Temporary Water Transfer Agreement and water herein
transferred are expressly subject to any and all pending and future actions in state and
federal courts relating to the determination and adjudication of water rights in the Yakima
River Drainage Basin, including but not limited to said Acquavella case.
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8. Transferor and Transferee hereby release and agree to indemnify, hold
harmless and defend the Yakima Valley Canal Company, and its directors, officers,
agents, and employees, on account of any and all damages or claims, including but not
limited to attorneys' fees and expenses, by whomsoever made and of any nature
whatsoever, arising out of or in any manner connected to this Temporary Water Transfer
Agreement or arising out of or in any manner connected to the water herein transferred
being found or determined to be void or voidable. Transferor's and Transferee's duties
under this paragraph to indemnify the Yakima Valley Canal Company shall not apply to
liability for damages arising out of bodily injury to persons or damage to property caused
by or resulting from the sole negligence of the Yakima Valley Canal Company or its
directors, officers, agents, and employees. The Yakima Valley Canal Company hereby
releases and agrees to indemnify, hold harmless and defend Transferor and Transferee
and their elected officials, appointed officials, agents, and employees, on account of all
damages or claims, including attorneys' fees and expenses, for damages arising out of
bodily injury to persons or damage to property caused by or resulting from the sole
negligence of the Yakima Valley Canal Company or its directors, officers, agents, and
employees. In the event of damages arising out of bodily injury to persons or damage to
property caused by or resulting from the concurrent negligence of (1) the Yakima Valley
Canal Company or its directors, officers, agents, or employees, and/or (2) Transferor or
its elected officials or appointed officials, employees, or agents, and/or (3) Transferee or
its elected officials or appointed officials, employees, and agents, Transferor's,
Transferee's and/or the Yakima Valley Canal Company's duty to indemnify under this
paragraph shall apply only to the extent of each such party's negligence.
9. In the event the Transferor is unable to provide water for a time period of thirty
(30) consecutive days or more, and the Transferor is not attempting to remedy the issue
causing the lack of water to be provided to Transferee, Transferee is entitled to return of
its pro-rata share of the cost of the water, upon request by Transferee. The maximum
amount of money to be recouped by Transferee in the event water is not provided is the
yearly amount paid for the water shares.
10. The water user parties hereby certify and warrant under penalty of perjury of
the laws of the state of Washington that they are the owners of their respective properties
as described herein. Transferor furthermore certifies and warrants under penalty of
perjury of the laws of the state of Washington that Transferor has taken all necessary
steps pursuant to its Bylaws or other documents, policies, or procedures, to temporarily
transfer the water rights listed herein. In the event of any sale or transfer of Transferor's
water rights, Transferor shall take full responsibility for notifying any purchaser or other
transferee of this temporary transfer.
YAKIMA VALLEY CANAL COMPANY
By
Robert Smoot, Director
Date: Xtit
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Transferor: MEYER WATER USERS, INC.
By: SX A Liat,i
Date:
Transferee: CITY OF YAMMA
By: Alex M yerhoff, frtIrlln City MarYager
Sonya Clear Tee, City Clerk
Contract No.
2020- I al
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