1 Irrigation and M&I

2 R.O. 10/31-2001

3 Rev. R.O. 11/01-2001

4 Rev. R.O. 11/05-2001

5 Rev. R.O. 11/13-2001

6 Contract No.

7 14-06-200-4305A-IR6

8 UNITED STATES

9 DEPARTMENT OF THE INTERIOR

10 BUREAU OF RECLAMATION

11 Central Valley Project, California

12 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES

13 AND

14 BANTA-CARBONA IRRIGATION DISTRICT

15 PROVIDING FOR PROJECT WATER SERVICE

THIS CONTRACT, made this 28th 16 day of February 2002, in

17 pursuance generally of the Act of June 17, 1902 (32 Stat. 388), and acts amendatory or

18 supplementary thereto, including, but not limited to, the acts of August 26, 1937 (50 Stat. 844), as

19 amended and supplemented, August 4, 1939 (53 Stat. 1187), as amended and supplemented, July 2,

20 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), as amended and

21 Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), all collectively hereinafter referred to

22 as Federal Reclamation law, between THE UNITED STATES OF AMERICA, hereinafter referred

23 to as the United States, and BANTA-CARBONA IRRIGATION DISTRICT, hereinafter referred to

24 as the Contractor, a public agency of the State of California, duly organized, existing, and acting

25 pursuant to the laws thereof, with its principal place of business in Tracy, California;

26 WITNESSETH, That:
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27 EXPLANATORY RECITALS

28 WHEREAS, the United States and the Contractor entered into interim renewal

29 contract identified as Contract No. 14-06-200-4305A-IR5, hereinafter referred to as the Existing

30 Interim Renewal Contract, which provided for the continued water service to the Contractor from 

31 March 1, 2001, through February 28, 2002; and

32 WHEREAS, the United States and the Contractor believe that further negotiations on

33 the long-term renewal contract would be beneficial and mutually commit to continue to negotiate to

34 seek to reach agreement, or the required environmental review necessary to execute a long-term

35 renewal contract has not been completed, and the Contractor has requested a subsequent interim

36 renewal contract pursuant to Article 2 (b) (1) of the Existing Interim Renewal Contract; and 

37 WHEREAS, the United States has determined that the Contractor has to date

38 fulfilled all of its obligations under the Existing Interim Renewal Contract; and

39 WHEREAS, the United States is willing to renew the Existing Interim Renewal

40 Contract pursuant to the terms and conditions set forth below;

41 NOW, THEREFORE, in consideration of the mutual and dependent covenants herein

42 contained, it is hereby mutually agreed by the parties hereto as follows:

43 INCORPORATION AND REVISION OF EXISTING INTERIM RENEWAL CONTRACT

44 1. The terms and conditions of the Existing Interim Renewal Contract are hereby

45 incorporated by reference into this Contract with the same force and effect as if they were included

46 in full text with the exception of Article 2 thereof, which is revised as follows:

47 (a) The first sentence in Subdivision (a) of Article 2 of the Existing Interim

48 Renewal Contract is deleted, and the following is inserted in lieu thereof: “This interim renewal 
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49 contract shall be effective from March 1, 2002, and shall remain in effect through February 28, 

50 2003, and thereafter will be renewed as described in this Article if a long-term renewal contract has

51 not been executed with an effective commencement date of March 1, 2003.”

52 (b) Subdivision (b)(1) of Article 2 of the Existing Interim Renewal Contract is

53 amended by deleting the date “November 30, 2001," and replacing same with the date “February 15,

54 2003.” 

55 (c) Subdivision (b)(2) of Article 2 of the Existing Interim Renewal Contract is

56 amended by deleting the dates “February 1, 2002," “February 15, 2002," and “February 28, 2002,"

57 and replacing same with the dates “February 1, 2003," “February 15, 2003," and “February 28,

58 2003," respectively. 

59 IN WITNESS WHEREOF, the parties hereto have executed this interim renewal

60 contract as of the day and year first above written.

61 THE UNITED STATES OF AMERICA

62 By: /s/ Kirk C. Rodgers 

63 Acting Regional Director, Mid-Pacific Region

64 Bureau of Reclamation

65 (SEAL) BANTA-CARBONA IRRIGATION DISTRICT

66 By: /s/ James McLeod 

67 President

68 Attest:

69 /s/ Virginia Hudson 

70 Secretary