HomeMy WebLinkAboutSquaxin Island Tribe Amendment # 12192085 MASON CO WA
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After Recording Please Return to:
Mason County Board of Commissioners
411 North 5th St.
Shelton, WA 98584
First Amendment to
Memorandum of Agreement
between Mason County and Squaxin Island Tribe
(Memorandum -- 2106744, Signed February 22, 2019)
This First Amendment to the Memorandum of Agreement ("MOA") is entered into by and between
Mason County (the "County") and the Squaxin Island Tribe (the "Tribe"). This First Amendment
to the MOA is made in consideration of the promises, covenants, and agreements contained herein.
AMENDMENT
The following replaces Section 5.2 solely as it pertains to Subsections 5.2.1.2 and 5.2.1.3:
"5.2 No later than December 31, 2023, the County will provide information to the Tribe
about current water uses and future development activities, as follows:"
The following replaces Subsection 5.2.1:
"5.2.1. For each subbasin, the County will estimate current water uses. The estimate will
identify —"
The following replaces Section 5.4 in its entirety:
"5.4 No later than December 31, 2023, the County shall: (a) prepare as initial case
reports for Johns Creek and Goldsborough Creek watersheds that refine and make more realistic
the water use projections in Section 5.3 through scrutinizing potential land subdivisions and
limitations imposed by the County's Resource Oidinance, MCC Ch. 8.52; and (b) cooperatively
develop with the Tribe a timetable for the County's development of such reports for the remaining
watersheds with instream flows."
The following replaces Section 7.2 and Subsections 7.2.1 and 7.2.2 in their entirety:
"7.2 By Dec. 31, 2025, the County shall, pursuant to RCW 36.70A.130(5)(b), have
reviewed and revised those portions of its Comprehensive Plan and development regulations as
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they pertain to water availability, water quantity and/or fisheries. Upon final rulemaking for
WRIA 14 from Ecology, the County will incorporate those elements to the Comprehensive Plan
and development regulations as required by rule. The County will incorporate Growth
Management Act changes to the Comprehensive Plan 2025 update as required by the Legislature.
The County will utilize the most recently available data estimates collected pursuant to Sections
5.1, 5.2, 5.3, and 5.4 of this MOA in the development of the comprehensive plan."
The following replaces Section 9.1 in its entirety:
"9,1 Term and Effect. This Agreement is binding on the Parties and shall remain in
effect until December 31, 2023; provided that if any appeal or lawsuit to enforce this Agreement
is filed, the Agreement shall remain in effect until resolution of the appeal or lawsuit or any
remedies provided through an appeal or lawsuit are performed and completed."
The County will file this First Amendment with the Mason County Auditor as provided under
RCW 39.34.040.
This First Amendment is accepted as of the revised Effective Date by the Parties whose signatures
are set forth below.
THIS AGREEMENT is effective upon signature by the Parties below.
Mason County
Hon. Kevin Shu y
Chair
Mason County Board of Commissioners
DATE: I2 - zt
Squaxin Island Tribe
gristo,her g Wen
Kristopher itPeters (Dec 22, 2022 09:31 PST)
Hon. Kris Peters
Tribal Chair
Squaxin Island Tribe
DATE: Dec 22, 2022
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