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Agreement shows timeline between city, C&M Golf

A copy of the agreement between the city and C&M Golf LLC to restore water rights to the city from a McCormick Woods water well shows a timeline of events leading to a new agreement. It restores the water right of Well 4B back to the city after a mistake in the 2008 agreement.

According to the agreement, the city believed they could transfer the Well 4B permit to C&M Golf without reducing the city’s water right to withdraw 3.529 acre-feet per year from all city water wells. As a result of the mistake, the city and C&M Golf agreed to rescind the 2008 agreement. The Department of Ecology required that both parties file to verify the rescission of the 2008 agreement.

Well 4B is owned by C&M Golf.

Recitals of the agreement show a timeline progression of events from 1998 to 2014 on Well 4B, which discharges 400 gallons per minute to nearby North Lake, where water was pumped into the McCormick Woods Golf Course irrigation system, which is owned by C&M Golf.

On Sept. 1, 1998, the city and McCormick Woods entered into an agreement where by the city purchased the assets of McCormick Water, including but not limited to Wells 1, 2 and 3, as well as pending water right applications. Terms of the agreement showed McCormick Water retained the water right from Well 4B, at no charge, up to 56.1 million gallons of water per irrigation season until it receives a permanent water right for an alternative source on Dec. 21, 2002.

On Nov. 25, 2002, the city and McCormick Land Co. amended the 1998 agreement to extend the date that McCormick could draw water from Well 4B to Dec. 21, 2012.

The city and McCormick Woods Partners executed an agreement April 25, 2003, where McCormick assigned its water right application to the city to process with the state’s Department of Ecology. The city — under Mayor Jay Weatherill — agreed to assign the water right back to McCormick upon receipt of the water right permit (2003 agreement).

On Sept. 3, 2003, C&M Golf purchased the assets of McCormick Woods Golf Course including to the rights and obligations under the terms of agreements between the city and McCormick in 1998, 2002 and 2003.

In December 2005, the Department of Ecology approved four water right applications submitted by the city, including an application for Well 4B. The water right issued to the city for Well 4B allowed for a maximum instantaneous withdraw rate of 400 gallons per minute and a maximum annual quantity of 645 acre feet per year. The total annual withdrawal from the city’s water system could not exceed 3,528 acre feet per year.

On May 5, 2008, the city — under Mayor Lary Coppola — and C&M Golf executed an Assignment of Application or Permit to appropriate or store water (2008 assignment) in conformance with the 2003 agreement where the city assigned the Well 4B water right permit to C&M Golf.

The city and C&M Golf discovered that the 2008 assignment was invalid and needed to be rescinded because the transfer was contrary to the Department of Ecology’s approval of the Well 4B permit and it certifications of the total annual quantity of water than can be withdrawn by the city as part of the municipal water system.

The agreement, approved unanimously June 24, was signed by Mayor Pro-Tem Cindy Lucarelli, not Mayor Tim Matthes.

Matthes had “Reconsideration of the C&M agreement regarding use of Well 4B water rights and rescission assignment” added to the July 8 council meeting.

The council voted 4-1 to remove it from the agenda.

 

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