1 R. O. Draft 12/12-2003 

2 R. O. Draft 11/06-2003 

3 Irrigation and/or M&I 

4 Contract No. 

5 14-06-200-5271A-IR8 

6 UNITED STATES 

7 DEPARTMENT OF THE INTERIOR 

8 BUREAU OF RECLAMATION 

9 Central Valley Project, California 

10 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES

11 AND

12 THOMES CREEK WATER DISTRICT

PROVIDING FOR PROJECT WATER SERVICE

13 

THIS CONTRACT, made this 27th 14 day of February , 2004, in 

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

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

17 as amended and supplemented, August 4, 1939 (53 Stat. 1187), as amended and supplemented, 

18 July 2, 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), as 

19 amended and Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), all collectively 

20 hereinafter referred to as Federal Reclamation law, between THE UNITED STATES OF 

21 AMERICA, hereinafter referred to as the United States, and THOMES CREEK WATER 

22 DISTRICT, hereinafter referred to as the Contractor, a public agency of the State of California, 

23 duly organized, existing, and acting pursuant to the laws thereof, with its principal place of 

24 business in Corning, California; 

25 WITNESSETH, That: 

26 EXPLANATORY RECITALS

27 WHEREAS, the United States and the Contractor entered into an interim renewal 

28 contract identified as Contract No. 14-06-200-5271A-IR5, hereinafter referred to as the Interim 

29 Renewal Contract, which provided for the continued water service to the Contractor following 

30 expiration of Contract No. 14-06-200-5271A; and 
2 

31 WHEREAS, the United States and the Contractor have entered into successive 

32 renewals of the Interim Renewal Contract, the most recent of which is Contract No. 14-06-200-

33 5271A-IR7, hereinafter referred to as the Existing Interim Renewal Contract from March 1, 2003, 

34 through February 29, 2004; and 

35 WHEREAS, the United States and the Contractor have made significant progress in 

36 their negotiations of a long-term renewal contract, believe that further negotiations on the long-term 

37 renewal contract would be beneficial, and mutually commit to continue to negotiate to seek to reach 

38 agreement, but anticipate that the environmental documentation necessary for execution of any 

39 long-term renewal contract will be delayed at least an additional 7 months, and may be delayed 

40 further for reasons beyond the control of the parties; and 

41 WHEREAS, the Contractor has requested a subsequent interim renewal contract 

42 pursuant to Subdivision (b)(1) of Article 2 of the Interim Renewal Contract and Article 1 of the 

43 Existing Interim Renewal Contract; and 

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

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

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

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

48 NOW, THEREFORE, in consideration of the mutual and dependent covenants 

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

50 INCORPORATION AND REVISION OF EXISTING INTERIM RENEWAL CONTRACT

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

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

53 in full text with the exception of Article 1 thereof, which is revised as follows: 

54 (a) The first sentence in Subdivision (a) of Article 1 of the Existing Interim 

55 Renewal Contract is modified as follows: AThis interim renewal contract shall be effective from 
3 

56 March 1, 2004, and shall remain in effect through February 28, 2006, and thereafter will be renewed 

57 as described in Subdivision (a) of Article 2 of the Interim Renewal Contract if a long-term renewal 

58 contract has not been executed with an effective commencement date of March 1, 2006; Provided, 

59 that if a long-term renewal contract has been executed with an effective commencement date of 

60 March 1, 2005, this interim renewal contract shall expire on February 28, 2005." 

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

62 amended by deleting the date AFebruary 15, 2004,@ and replacing same with the date 

63 AFebruary 15, 2006.@ 

64 (c) Subdivision (c) of Article 1 of the Existing Interim Renewal Contract is 

65 amended by deleting the dates AFebruary 1, 2004,@ AFebruary 15, 2004,@ and AFebruary 29, 2004,@

66 and replacing same with the dates AFebruary 1, 2006,@ AFebruary 15, 2006,@ and AFebruary 28, 

67 2006,@ respectively. 

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

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

70 THE UNITED STATES OF AMERICA 

71 By: /s/ Kirk C. Rodgers 

72 Regional Director, Mid-Pacific Region 

73 Bureau of Reclamation 

74 (SEAL) THOMES CREEK WATER DISTRICT 

75 By: /s/ Robert Williams 

76 President 

77 Attest: 

78 /s/ Richard Brown 

79 Secretary