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CITY <br /> EVERETT AND JOA PARTICIPANTS <br /> WATER SUPPLY CONTRACT <br /> THIS CONTRACT is made and entered into by and between the City of Everett,a municipal <br /> corporation of the State of Washington, hereinafter referred to as "Everett," and the City of <br /> Marysville("Marysville"),and Public Utility District No. 1 of Snohomish County("PUD"), municipal <br /> corporations of the State of Washington, and the Tulalip Tribes of Washington (Tribes), a <br /> federally recognized Indian Tribe, the latter three entities hereinafter referred to as <br /> "Participant' <br /> WHEREAS, Everett owns and operates a water supply system located in Snohomish <br /> County, Washington. This system has regional supply capability for domestic, commercial, and <br /> industrial water consumption; and <br /> WHEREAS, pursuant to RCW 35.92 and RCW 39.94, Everett is authorized to enter into <br /> contracts with other municipalities and recognized tribes to supply water. Pursuant to WAC 246- <br /> 290-100, Everett has prepared a Water System Plan identifying certain areas of north Snohomish <br /> County as being within its long-range wholesale water supply service area; and <br /> WHEREAS, the Participants own and operate water supply systems in north Snohomish <br /> County, Washington, and distribute water on a retail basis to domestic, commercial, and <br /> industrial customers within their respective service areas;and <br /> WHEREAS, the Participants in 1991 entered into a Joint Operating Agreement ("JOA") <br /> for the purpose of the construction and operation of a 30-inch pipeline by Marysville from the <br /> Everett transmission line to the Sunnyside vicinity(the "Phase I JOA Pipeline"), allocating pipeline <br /> capacity among the Participants, and cooperating in a regional solution to meet future water <br /> supply needs; and <br /> WHEREAS, the Participants together with Washington State, Snohomish County, Everett <br /> and other public water purveyors have jointly prepared a Coordinated Water System Plan <br /> ("CWSP") for north Snohomish County and have prepared individual Comprehensive Water <br /> System Plans;and <br /> WHEREAS, the execution of this Contract and the participation of the Tribes in the <br /> processes contemplated by the Contract do not constitute nor imply any abrogation, <br /> diminishment or waiver of the Tribes existing or reserved rights or sovereign powers, whether <br /> arising under treaty, statute or common law; and <br /> WHEREAS, Everett and Tribes executed a separate wholesale water delivery contract in <br /> 2016 and nothing in this Contract is intended to alter the terms of that contract or the water <br /> delivered thereunder, and <br /> WHEREAS, Everett and the Participants entered into a water supply contract in October <br />