HomeMy WebLinkAboutR-2023-038 Resolution authorizing a Temporary Water Transfer interlocal agreement with City of Tieton for unused irrigation sharesRESOLUTION NO, R-2023-038
A RESOLUTION authorizing a lease agreement with the City of Tieton and Yakima-Tieton
Irrigation District to lease 30 shares of Irrigation water to the City of Tieton
for the water year 2023.
WHEREAS, the City of Yakima Water/Irrigation Division has 30 shares of Yakima-Tieton
Irrigation District water assigned to the second level reservoir property on City Reservoir Road;
and
WHEREAS, the City of Yakima Water/Irrigation Division is paying for 30 shares of water,
but that water is not currently necessary to the City's operations; and
WHEREAS, the City of Tieton needs irrigation water and is willing to lease the water and
pay more than the normal share cost to use the water; and
WHEREAS, leasing the water to the City of Tieton is mutually beneficial because the
City is reimbursed for the cost of the water shares and the City of Tieton has use of the water in
accordance with the attached agreement; and
WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and
its residents to authorize the City Manager to execute the lease agreement with the City of
Tieton and the Yakima Tieton Irrigation District to lease 30 shares of irrigation water to the City
of Tieton; now, therefore,
BE IT RESOLVED BY THE err( COUNCIL OF THE CITY OF YAKIIVIA:
The City Manager is hereby authorized to execute the attached and incorporated
agreement with the City of Tieton and the Yakima-Tieton Irrigation District for the lease of 30
shares of Yakima-Tieton Irrigation District water to the City of Tieton for the water year 2023.
ADOPTED BY THE CITY COUNCIL this 21st day of March, 2023.
'Janice Deceit), ayor
ATTEST:
TEMPORARY WATER TRANSFER AGREEMENT
THIS TEMPORARY WATER TRANSFER INTERLOCAL AGREEMENT is made
and entered into in accordance with the requirements of RCW 39.34, on the 14th day of
February, 2023, by and between CITY OF YAKIMA, hereinafter referred to as the
Transferor, whose address is 129 N. 2nd St.; YAKIMA, WA 98901; CITY OF TIETON
hereinafter referred to as the Transferee, whose address is P.O. BOX 357, TIETON, WA
98947; and YAKI A-TIETON IRRIGATION DISTRICT, an irrigation district organized
under the laws of the State of Washington, hereinafter referred to as the District, and
whose address is 470 Camp Four Road, Yakima, WA 98908;
WITNESSETH:
1. Transferor, for and in consideration of good and valuable consideration
does hereby transfer to Transferee 30.00 shares of water from the facilities of the District,
said water now being appurtenant to Yakima County tax parcel number 181316-31402 &
181316-11400 owned by the Transferor, and situated, lying, and being in Yakima County,
Washington, and within the boundaries of the District, does hereby transfer said 30.00
shares of water from the above -described property for the year 2023 to Yakima County
tax parcel 161413-11407 owned by Transferee, situated, lying, and being in Yakima
County, Washington, and within the boundaries of the District; it being the intention of
Transferee to use said shares of water on the property last described for the current
irrigation season. This agreement shall continue for the current irrigation season and
shall terminate and be of no further force or effect upon the expiration of the current
irrigation season without any further action of any party. Other than the one-time transfer
of water shares as set forth herein, no other real or personal property shall exchange
hands as part of this transaction.
2. Transferee does hereby agree to pay the Transferor $105.00 per share for 30.00
shares plus the billing charge of $77.00, for use in the water year of 2023, a total of
$3,227.00. Payment is due at the Transferor fifteen (15) days from date of invoice.
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 30.00 shares of water. The District, for and in consideration of the conditions provided
herein, does hereby approve and acknowledge the above transfer of the aforementioned
water.
4. The water user parties' above -described properties and water herein transferred
shall be and remain expressly subject to the rules and regulations of the Yakima-Tieton
Irrigation District.
5. The water user parties' above -described properties and water herein transferred
are expressly subject to assessments, rates, tolls, and charges of the District for any
lawful purpose, including but not limited to the care, maintenance, upkeep, operation,
management, repair, reconstruction, betterment, and improvement of facilities of the
District, for the payment of any indebtedness due the United States and the State of
Washington, and for the payment of bonds and interest thereon.
6. All assessments, rates, tolls, and charges of the District payable for the current
and all prior years associated with the properties involved shall be paid in full prior to the
District's approval and acknowledgement of this transfer. The parties shall be responsible
for any payments or reimbursements between the parties, and the District shall have no
responsibility for the handling or transmittal of such funds.
7. The water user parties' above -described properties and water herein transferred
are expressly subject to all the terms and conditions of original water deeds and contracts
creating and initiating the water rights transferred herein.
8. 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:
1. 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.
f 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.
2
9. Transferor and Transferee hereby release and agree to indemnify, hold
harmless and defend the Yakima-Tieton Irrigation District, and its directors, officers,
agents, and employees, on account of any and all damages or claims, including but not
limited to attorneys' fees and expenses, by whomsoever made and of any nature
whatsoever, arising out of or in any manner connected to this Temporary Water Transfer
Agreement or arising out of or in any manner connected to the water herein transferred
being found or determined to be void or voidable. Transferor's and Transferee's duties
under this paragraph to indemnify the Yakima-Tieton Irrigation District shall not apply to
liability for damages arising out of bodily injury to persons or damage to property caused
by or resulting from the sole negligence of the Yakima-Tieton Irrigation District or its
directors, officers, agents, and employees. The Yakima-Tieton Irrigation District hereby
releases and agrees to indemnify, hold harmless and defend Transferor and Transferee
and their elected officials, appointed officials, agents, and employees, on account of all
damages or claims, including attorneys' fees and expenses, for damages arising out of
bodily injury to persons or damage to property caused by or resulting from the sole
negligence of the Yakima-Tieton Irrigation District or its directors, officers, agents, and
employees. In the event of damages arising out of bodily injury to persons or damage to
property caused by or resulting from the concurrent negligence of (1) the Yakima-Tieton
irrigation District or its directors, officers, agents, or employees, and/or (2) Transferor or
its elected officials or appointed officials, employees, or agents, and/or (3) Transferee or
its elected officials or appointed officials, employees, and agents, Transferor's,
Transferee's and/or the Yakima-Tieton Irrigation District's duty to indemnify under this
paragraph shall apply only to the extent of each such party's negligence.
10. Transferee shall pay in advance to the District all the District costs associated
with this transfer, including but not limited to all costs for administration, orifice plates,
parts, mileage, labor, and all other costs associated with the transfer.
11. The water user parties hereby certify and warrant under penalty of perjury of
the laws of the state of Washington that they are the owners of their respective properties
as described herein. Transferor furthermore certifies and warrants under penalty of
perjury of the laws of the state of Washington that Transferor is not in default under any
mortgage lien covering Transferor's property, that there are no liens on Transferor's
property, other than mortgage liens, and that the contract seller of such property, if any,
has consented to this temporary transfer by the signature below, In the event of any sale
or transfer of Transferor's property described above, Transferor shall take full
responsibility for notifying any purchaser or other transferee of this temporary transfer.
12. In accordance with RCW 39.34.040, prior to this agreement becoming
effective it shall be listed by subject on the City of Yakima web site.
Transferee. CITY OF TIETON
r e igt attire
Title
Dale:
YAKI A TIETON I RING TION DISTRICT
Richard
Date:
e er Secretary- anti er
Transferor: CITY OF YAKI A
By:
Date:.
Robert Harria, City Manager
Atts
Sonya Clear Tee, City Clerk
City Contract No. 2 23-
Resolution Na. l - 0 - '
T
EOM
Y�'1114'+
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.F.
For Meeting of: March 21, 2023
ITEM TITLE: Resolution authorizing a Temporary Water Transfer interlocal
agreement with City of Tieton for unused irrigation shares
SUBMITTED BY: Scott Schafer, Director of Public Works
*Mike Shane, Interim Water/Irrigation Division Manager, 509-576-
6480
SUMMARY EXPLANATION:
This is an agreement for the City of Yakima to lease 30 shares of Yakima Tieton Irrigation District
irrigation water to the City of Tieton for the 2023 irrigation season. The 30 shares of irrigation
water is not currently necessary to the City of Yakima's irrigation operations whereas the City of
Tieton has a need for this irrigation water. The City of Tieton pays $105/share to the City of
Yakima; plus the billing charge of $77.00 for a total of$3,227.00 for the year. This arrangement
with the City of Tieton was first implemented in 2014; benefiting both cities.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D Resolution City of Tieton Water Shares 3/2/2023 Resolution
D YTDAgreement 2/1/2023 Contract