1 Irrigation and M&I 

2 Contract No. 14-06-200-8367A-IR13-A 

3 UNITED STATES 

4 DEPARTMENT OF THE INTERIOR 

5 BUREAU OF RECLAMATION 

6 Central Valley Project, California 

7 INTERIM RENEWAL CONTRACT AMONG THE UNITED STATES,

8 DEPARTMENT OF WATER RESOURCES

9 OF THE STATE OF CALIFORNIA,

10 AND

11 KERN-TULARE WATER DISTRICT

12 PROVIDING FOR PROJECT WATER SERVICE

13 THIS CONTRACT, made this _____ day of ___________________, 2010, 

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

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

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

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

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

19 hereinafter referred to as Federal Reclamation law, among the UNITED STATES OF 

20 AMERICA, hereinafter referred to as the United States, DEPARTMENT OF WATER 

21 RESOURCES OF THE STATE OF CALIFORNIA, hereinafter referred to as DWR, and 

22 KERN-TULARE WATER DISTRICT, hereinafter referred to as the Contractor, a public agency 

23 of the State of California, duly organized, existing, and acting pursuant to the laws thereof; 

24 WITNESSETH, That: 

25 EXPLANATORY RECITALS

26 WHEREAS, the United States, DWR, and Rag Gulch Water District (District) 

27 entered into an interim renewal contract identified as Contract No. 14-06-200-8367A-IR5, 
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28 hereinafter referred to as the Interim Renewal Contract, which provided for the continued water 

29 service to the District following expiration of Contract No. 14-06-200-8367A; and 

30 WHEREAS, the United States, DWR, and the District have entered into successive 

31 renewals of the Interim Renewal Contract, the most recent of which is Contract 

32 No. 14-06-200-8367A-IR12, hereinafter referred to as the Existing Interim Renewal Contract, 

33 from March 1, 2008, through February 28, 2010; and 

34 WHEREAS, on April 22, 2008, the Contractor and the District filed an application with 

35 the Local Agency Formation Commission of Kern County (LAFCo) requesting approval to 

36 consolidate the 2 districts for purposes of streamlining the operation and governance of the 

37 districts; and 

38 WHEREAS, on December 10, 2008 LAFCo officially approved the reorganization 

39 pursuant to the Cortese Knox Hertzberg Local Government Reorganization Act of 2000; and 

40 WHEREAS, the terms and conditions of the consolidation set January 1, 2009 as the 

41 effective date of the consolidation; at such time Kern-Tulare became the surviving special 

42 district and succeeded to all rights, duties, and obligations of Rag Gulch, and Rag Gulch was 

43 officially dissolved and assumed by Kern-Tulare; and 

44 WHEREAS, as of January 1, 2009, Assignment Agreement No. 

45 14-06-200-8367A-IR12A, between the Contractor and the United States, was effective and 

46 assigned all rights and obligations to the Contractor of the Existing Renewal Contract; and 

47 WHEREAS, the United States, DWR, and the Contractor have made significant progress 

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

49 long-term renewal contract would be beneficial, and mutually commit to continue to negotiate to 

50 seek to reach agreement, but anticipate that the environmental documentation necessary for 
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51 execution of any long-term renewal contract will be delayed until March 2011, and may be 

52 delayed further for reasons beyond the control of the parties; and 

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

54 pursuant to subdivision (b)(1) of Article 2 of the Interim Renewal Contract and Article 1 of the 

55 Existing Interim Renewal Contract; and 

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

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

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

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

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

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

62 INCORPORATION AND REVISION OF

63 EXISTING INTERIM RENEWAL CONTRACT

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

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

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

67 (a) The first sentence in subdivision (a) of Article 1 of the Existing Interim 

68 Renewal Contract is modified as follows: “This interim renewal contract shall be effective from 

69 March 1, 2010, and shall remain in effect through February 29, 2012, and thereafter will be 

70 renewed as described in subdivision (a) of Article 2 of the Interim Renewal Contract, if a 

71 long-term renewal contract has not been executed with an effective commencement date of 

72 March 1, 2012.” 
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73 (b) Subdivision (b) of Article 1 of the Existing Interim Renewal Contract is 

74 amended by deleting the date “February 15, 2010,” and replacing same with the date 

75 “February 15, 2012.” 

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

77 amended by deleting the dates “February 1, 2010,” “February 15, 2010,” and “February 28, 

78 2010,” and replacing same with the dates “February 1, 2012,” “February 15, 2012,” and 

79 “February 29, 2012,” respectively. 
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80 IN WITNESS WHEREOF, the parties hereto have executed this contract as of the 

81 day and year first above written. 

82 UNITED STATES OF AMERICA 

83 By: ______________________________________ 

84 Regional Director, Mid-Pacific Region 

85 Bureau of Reclamation 

86 Approved as to Legal Form and DEPARTMENT OF WATER RESOURCES 

87 Sufficiency: OF THE STATE OF CALIFORNIA 

88 __________________________ By: ______________________________________ 

89 Chief Counsel Director 

90 Department of Water Resources Department of Water Resources 

91 (SEAL) KERN-TULARE WATER DISTRICT 

92 

93 

94 By: ______________________________________ 

95 President, Board of Directors 

96 Attest: 

97 __________________________ 

98 Secretary