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 14-06-200-8293A-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 THE COUNTY OF TULARE

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 THE COUNTY OF TULARE, hereinafter

27 referred to as the Contractor, a public agency of the State of California, duly organized, existing, and

28 acting pursuant to the laws thereof, with its principal place of business in Visalia, California;

29 WITNESSETH, That:
2

30 EXPLANATORY RECITALS

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

32 renewal contract identified as Contract No. 14-06-200-8293A-IR5, hereinafter referred to as the

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

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

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

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

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

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

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

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

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

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

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

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

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

46 INCORPORATION AND REVISION OF EXISTING INTERIM RENEWAL CONTRACT

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

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

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

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

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

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

53 2003, and thereafter will be renewed as described in this Article if a long-term renewal contract has

54 not been executed with an effective commencement date of March 1, 2003.”
3

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

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

57 2003.” 

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

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

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

61 2003," respectively. 

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

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

64 THE UNITED STATES OF AMERICA

65 By: /s/ Kirk C. Rodgers 

66 Acting Regional Director, Mid-Pacific Region

67 Bureau of Reclamation

68 Approved as to Legal Form THE DEPARTMENT OF WATER RESOURCES

69 Sufficiency: OF THE STATE OF CALIFORNIA

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

71 Chief Counsel, Director

72 Department of Water Resources Department of Water Resources

73 (SEAL) THE COUNTY OF TULARE

74 By: /s/ J. Steve Worthley 

75 Chairman, Board of Supervisors

76 Attest:

77 /s/ Janice Cotton By: /s/ W. Phil Mace, Deputy 

78 Clerk, Board of Supervisors County Counsel