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 14-06-200-8237A-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 THE DEPARTMENT OF WATER RESOURCES

14 OF THE STATE OF CALIFORNIA,

15 AND

16 LOWER TULE RIVER IRRIGATION DISTRICT

17 PROVIDING FOR PROJECT WATER SERVICE

THIS CONTRACT, made this 28th 18 day of February , 2002, in

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

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

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

22 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), as amended and

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

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

25 to as the United States, THE DEPARTMENT OF WATER RESOURCES OF THE STATE OF

26 CALIFORNIA, hereinafter referred to as DWR, and LOWER TULE RIVER IRRIGATION

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

28 organized, existing, and acting pursuant to the laws thereof, with its principal place of business in

29 Porterville, California;
2

30 WITNESSETH, That:

31 EXPLANATORY RECITALS

32 WHEREAS, the United States, DWR, and the Contractor entered into interim

33 renewal contract identified as Contract No. 14-06-200-8237A-IR5, hereinafter referred to as the

34 Existing Interim Renewal Contract, which provided for the continued water service to the

35 Contractor from March 1, 2001, through February 28, 2002; and

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

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

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

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

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

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

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

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

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

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

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

47 INCORPORATION AND REVISION OF EXISTING INTERIM RENEWAL CONTRACT

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

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

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

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

52 Renewal Contract is deleted, and the following is inserted in lieu thereof: “This interim renewal 

53 contract shall be effective from March 1, 2002, and shall remain in effect through February 28, 
3

54 2003, and thereafter will be renewed as described in this Article if a long-term renewal contract has

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

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

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

58 2003.” 

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

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

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

62 2003," respectively. 

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

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

65 THE UNITED STATES OF AMERICA

66 By: /s/ Kirk C. Rodgers 

67 Acting Regional Director, Mid-Pacific Region

68 Bureau of Reclamation

69 Approved as to Legal Form and THE DEPARTMENT OF WATER RESOURCES

70 Sufficiency: OF THE STATE OF CALIFORNIA

71 /s/ Peggy Bernardy By: /s/ Thomas M. Hannigan 

72 Chief Counsel, Director

73 Department of Water Resources Department of Water Resources

74 (SEAL) LOWER TULE RIVER IRRIGATION DISTRICT

75 By: /s/ Benjamin Serafin 

76 President of the Board of Directors

77 Attest:

78 /s/ Daniel G. Vink 

79 Secretary