Title
Approval of McAllister Wellfield Water Right and Easement Agreements with the Nisqually Tribe
Recommended Action
Committee Recommendation:
Not referred to a committee
City Manager Recommendation:
Move to authorize the Mayor to sign the water right deed and easement agreement with the Nisqually Tribe.
Report
Issue:
Whether or not to deed a portion of the McAllister Wellfield water rights and convey an easement to the Nisqually Tribe consistent with a prior agreement.
Staff Contact:
Andy Haub, Public Works Water Resources Director, 753.8475
Rich Hoey, Public Works Director, 753.8495
Presenter(s):
None. Consent calendar item.
Background and Analysis:
In May 2008, the City and the Nisqually Tribe signed a historic Memorandum of Agreement (MOA) to jointly develop the McAllister Wellfield, implement joint mitigation efforts, and permanently protect the McAllister Springs property (see Exhibit C of Attachment 1). Upon final approval of the McAllister Wellfield water rights by the State of Washington, and completion of required mitigation and other actions by the Tribe, the MOA calls for the City to deed a specified portion of the McAllister Wellfield water rights to the Tribe (see Attachment 1). These conditions under the MOA have been satisfied. Per the MOA, the water rights to be conveyed amount to just over 2,100 gallons per minute and 3,395 acre-feet per year. The deed is subject to the Tribe's on-going mitigation performance related to the McAllister Wellfield water rights.
At the time of issuance of the water right deed, the City is also obligated to simultaneously convey a perpetual 2-acre easement at the Wellfield property to the Tribe (see Attachment 2). The easement allows the Tribe to develop water supply infrastructure on the property. City and Tribal staff have coordinated on the location of the Tribe's future facilities in order to avoid potential conflicts (see Exhibit C map in Attachment 2). The easement ag...
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