IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF YAKIMA. On December 29, 1995, the Referee, Douglas Clausing, filed with

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1 \./ l! I IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF YAKIMA IN THE MATTER OF THE DETERMINATION OF THE RIGHTS TO THE USE OF THE SURFACE WATERS OF THE YAKIMA RIVER DRAINAGE BASIN, IN ACCORDANCE WITH THE PROVISIONS OF C~~PTER 0.0, REVISED CODE OF WASHINGTON STATE OF WASHINGTON DEPARTMENT OF'ECOLOGY, Plaintiff, v. JAMES J. ACQUAVELLA. et al., Defendants No CONDITIONAL FINAL ORDER SUBBASIN NO. (ROZA CREEK On December,, the Referee, Douglas Clausing, filed with the court a "Report of Referee Re: Subbasin No. (Roza Creek. Thereafter, this court set April,, for a hearing on exceptions to this report. Pursuant to the direction of the court, the Referee then served a notice (together with a copy of the report upon all parties, setting a time period for filing any exceptions to the report and for the aforementioned hearing on exceptions. Written exceptions were received from the Terrace Heights Irrigation District. Claim No. 0, (A00 and (A0, and from the Department of Ecology related to the claims of the Terrace Heights Irrigation District. At the hearing. on exceptions a stipulation was I presented by the T~rrace Heights Irrigation District and the Department of Ecology resolving the two exceptions. That stipulation is attached and is hereby incorporated by reference. I Conditional Final Order Subbasin No. (Roza Creek,

2 ,, \ The court, having reviewed the filings,' testimony and Report of Referee, orders as follows:. The "Report of Referee Re: Subbasin No. (Roza Creek" as filed with the court, and as amended by the attached stipulation is entered as a Conditional Final Order confirming claimed rights recommended for confirmation in said report as existing rights.. All claims to water rights before the Referee pertaining to Subbasin No. not so confirmed, are denied.. This Conditional Final Order" relating to the confirmation 0 of rights and denial of claims of water rights, constitutes a final order for purposes of appeal (see RAP.(d», except for purposes of final integration of all confirmed rights 'as provided in Section XII of Pretrial Order No. (Procedures of Claims Evaluation, dated March, of this court. DATED this, /!* JUDGAit!!lAa~day of ----=F ,''----,. Conditional Final Order Subbasin No. (Roza Creek

3 0 ~ IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF YAKIMA IN THE MATTER OF THE DETERMINATION OF THE RIGHTS TO THE USE OF THE SURFACE WATERS OF THE YAKIMA RIVER DRAINAGE BASIN, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 0.0, REVISED CODE OF WASHINGTON THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY, Plaintiff, v. JAMES J. ACQUAVELLA, et al., Defendants The. Referee, in his Report of the Referee, Volume, recommended to the Court confirmation of a NO ORDER RE: CORRECTION TO THE PRIORITY DATE IN THE STIPULATION BETWEEN ECOLOGY AND THE TERRACE HEIGHTS IRRIGATION DISTRICT, COURT CLAIM NO., SUBBASIN NO. ROZA CREEK COURT DOCUMENT, right to Terrace Heights with a priority date of November,. aoth the Department of Ecology (Ecology and the Terrace Heights Irrigation District filed exceptions to the Referee's recommendation, but did not file an exception to the priority date. Ecology and the District entered a stipulation on April,.. The stipulation.contained a typ.ographical error in the priority date. November~,, not November,. IT IS HEREBY ORDERED that the priority date for Terrace Heights Irrigation District be corrected to November, l~. The priority date should be DATED this 0/ sr day of OCo-Dl"-.,. ORDER RE: CORRECTION OF THE PRIORITY DATE FOR THE TERRACE HEIGHTS IRRIGATION DISTRICT. l~a"iftl~., WALTER A. ST;F!; R;JiiDGE

4 .,. ~. 0 rn: r. r-i \Ir. n." '.. ~@ f nly~@a~~ I ~.~I~ ' PopR [V O~'~" ':.Mi L,,' j ",. - '\..,ICIOCLEe!!r,~. -, SUPc-:/fi:"l CO' :~.\-vr r-,'" f P...lIl' '.;,;.\,,. """".,0\ 'U;',I :...,,~...=:;ll :. "'''' u _..., Cf;;\!~~;\ l.~. ("!!!~_~"""I\I Yakima Referee " "'. '';"oi'\;: >' vs. FOR THE COUNTY OF YAKIMA r B &ll APR IN THE SUPERIOR COURT OF WASHINGTON plaintiff, state of Washington, KM.M EATON., YA/(IMA cout..,m CLcR,~ IN.THE MATTER OF THE DETERMINATION No OF THE RIGHTS TO THE USE OF THE SURFACE WATERS OF THE YAKIMA RIVER STIPULATION RE: DRAINAGE BASIN, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 0.0, TERRACE HEIGHTS REVISED CODE OF WASHINGTON, IRRIGATION DISTRICT, STATE OF WASHINGTON, CLAIM NO. BB DEPARTMENT OF ECOLOGY, Department of Ecology ("Ecology"., appearing by and through its attorney, Mary McCrea, Assistant Attorney General, and defendant, Terrace Heights Irrigation District ("District" appearing by and through its attorney, James E. Davis, agree to the following stipulation concerning the water rights of Terrace Heights Irrigation District. Claim No. plaintiff, JAMES J. ACQUAVELLA., et al., Defendant This stipulation is based upon the District, s Court, the Sworn statement of Richard V. Haapal'a and attached exhibits, Court Document filed by Terrace Heights Irrigation District with the District's Motion to supplement the STIPULATION RE: TERRACE HEIGHTS IRRIGATION DISTRICT, CLAIM NO. ~ -- ATIORNEY GENERAL OF WASHINGTON Ecology DiviJion PO Box 0 Olympia, WA 0-0 FAX (0

5 Record, Court Document, on February,, and the Report of. Referee for SUbbasin No. (Roza Creek. The Sworn Statement of Richard V. Haapala, P.E., Claim #, Court. Document includes the following exhibits: Exhibit "A" Land Use Data Tab~~; Exhibit "B" - Diversion Calculations; and Exhibit "c" - Map of Terrace Heights Irrigation District. Ecology and.terrace Heights Irrigation District enter into 0 this stipulation based on the current law of the case as established by the Court's previous decision regarding Warren Act Contracts. Nothing in this stipulation will prejudice Terrace Heights Irrigation District's, Ecology's, or any other parties' right to appea l this decision of the court, or any part of this decision. The parties stipulate as follows:. Place of Use: Terrace Heights Irrigation District delivers water to.0 acres within its district boundaries as illustrated on. Exhibit "c" of the Sworn Statement of Richard V. Haapala, P.E., court Document. The District Boundary as depicted on Exhibit "c" includes the NE~NW~ of section, T. N., R. E.W.M., which is not part of the lands described in the description of the boundaries of ~he Terrace. Heights Irrigation District, Attachment "A" to Terrace.Heihts Irrigation District's Claim No.. Terrace STIPULATION RE: TERRACE HEIGHTS,,,,,,,,.,,,,,,,,>. njl:t~lrt rl.alm NO. -- ATIORNEY GENERAL OF WASHINGTON Ecology Division PO Box0l Olympia. WAS0-<ll FAX (0.

6 ...,.. i. :,' 0.. Heights Irrigation District is in the process of changing the District Boundary and has filed a Notice of Intention with the Boundary Review Board. Upon approval by the Boundary Review Board and issuance of an Order by Terrace Heights Irr~gation District to include thene!tnw% of section, T. N., R. E.W.M. in the District Boundary, Terrace Heights Irrigation District wi~l provide the court and Ecology with a copy of the legal description of the new District Boundary.. Should the Boundary Review Board not approve Terrace Heights Irrigation District's Notice of Intention, the Terrace Heights Irrigation District Boundary shall be as described in Attachment "A" of court Claim No.. Annual Quantity: a.,0. acre-feet per calendar year at the Terrace Heights Irrigation District's turn-outs from the Roza Canal (based on a water duty of. acre-feet per year and.0 irrigated acres. b.,. acre-feet at the Roza Diversion Dam based upon a ten (0 percent transportation loss from the dam to the Terrace Heights Irrigation District turn-outs. STIPULATION RE: TERRACE HEIGHTS _.,..-..lrvto"", ""\,,"'\ (V -- ATIORNEY GENERAL OF WASHINGTON Ecology DiviJiOll '0 Box 0 Olympia, WA0-0 FAJ'(0

7 J...! '. Natural Flow Right: 0.. a. Priority Date: November,. b. Source: Yakima River. c. Point of Diversion: Roza Diversion Dam. d. Season of Use: April th~ough October. e. Instantaneous Quantity: cubic feet per second April through August;. cubic feet per second in September;..cubic feet per second in October. f. Annual Quantity:, acre-feet per calendar year. Warren Act Contract Rights: a. Priority Date: May 0, 0. b. Source: Yakima River. c. Point of Diversion: Roza Diversion Dam. d. Season of Use: April through September 0. e. Instantaneous Quantity:. April. cubic feet per second May. c.~:j.bic feet per second June. cubic feet per second July..cubic feet per second August. cubic feet per second September. cubic feet per second f. Annual Quantity:,. acre-feet per calendar year.. Supplemental Water Right: Terrace Heights Irrigation District may divert up to. acre-feet per calendar year under its contract Right when there is STIPULATION RE: TERRACE HEIGHTS' IRRlGATION DISTRICT, CLAIM NO. ~ -- ATIORNEY GENERAL OF WASHINGTON Ecology DivWOC\ POBox 0 Olympia, WA0~ FAJ'(0

8 -.....,..f. '.,.. ( \,',, ' C(: insufficient natural flow to allow Terrace Heights. Irrigation District,to divert its,~nnual quantity. Terrace Heights Irrigation District's diversions at the Roza Diversion Dam may not exceed,., acrefeet per calendar year from the~r natural flow right and contract right Qombined. 0 CHRISTINE O. GREGOIRE Attorney General,, DATE i TERRACE HEIGHTS IRRIGATION DISTRICT J"l...w Attorney for Defendant Terrace Heights Irrigation District Dm STIPULATION R : TERRACE HEIGHTS -- AtTORNEY GENERAL OF WASHINOTON Ecology Diviaioa PO Boll 0 Olympia, WA (.0 FAX (0