Irrigation and M&I

Contract No. 14-06-200-3365A-IR13-B

(Partial Assignment from Mercy Springs)

1 UNITED STATES

2 DEPARTMENT OF THE INTERIOR

3 BUREAU OF RECLAMATION

4 Central Valley Project, California

5 INTERIM RENEWAL CONTRACT AMONG THE UNITED STATES

6 AND

7 PAJARO VALLEY WATER MANAGEMENT AGENCY,

8 SANTA CLARA VALLEY WATER DISTRICT, AND

9 WESTLANDS WATER DISTRICT DISTRIBUTION DISTRICT NO. 1

10 PROVIDING FOR PROJECT WATER SERVICE

11 THIS CONTRACT, made this _______ day of ___________________, 2012,

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

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

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

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

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

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

18 AMERICA, hereinafter referred to as the United States, and PAJARO VALLEY WATER 

19 MANAGEMENT AGENCY, SANTA CLARA VALLEY WATER DISTRICT, and 

20 WESTLANDS WATER DISTRICT DISTRIBUTION DISTRICT NO. 1, hereinafter referred to 

21 as the Contractors, public agencies of the State of California, duly organized, existing, and acting 

22 pursuant to the laws thereof;
Irrigation and M&I

Contract No. 14-06-200-3365A-IR13-B

(Partial Assignment from Mercy Springs)

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23 WITNESSETH, That:

24 EXPLANATORY RECITALS

25 WHEREAS, the United States and the Mercy Springs Water District (Mercy 

26 Springs) entered into interim renewal Contract (long-form interim renewal contract)

27 No. 14-06-200-3365A-IR1 which provided for the continued water service of 13,300 acre-feet

28 of Central Valley Project (CVP) water to Mercy Springs following expiration of Contract 

29 No. 14-06-200-3365A; and

30 WHEREAS, the United States and Mercy Springs entered into successive 

31 renewals, of which the last long-form interim renewal contract was Contract 

32 No. 14-06-200-3365-IR3-A; and 

33 WHEREAS, on May 14, 1999, the Contractors, Mercy Springs, and the United 

34 States executed a partial assignment agreement, “Agreement for Partial Assignment of Water 

35 Service Contract No. 14-06-200-3365A-IR2”, which assigned to the Contractors the rights, 

36 duties, and obligations of Mercy Springs’ in Contract No. 14-06-200-3365-IR4-A (the 

37 interim renewal contract prior to Mercy Springs' partial assignment to the Contractors) for 

38 6,260 acre-feet; and 

39 WHEREAS, the United States and the Contractors entered into the first interim

40 renewal contract identified as Contract No.14-06-200-3365-IR4-B; and

41 WHEREAS, the United States and the Contractors entered into another

42 renewal, of which was the last long-form interim renewal Contract No. 14-06-200-3365-IR5-B,

43 hereinafter referred to as IR5-B; and 

44 WHEREAS, the United States and the Contractors have entered into successive 

45 renewals of IR5-B the most recent of which is Contract No. 14-06-200-3365A-IR12-B, 
Irrigation and M&I

Contract No. 14-06-200-3365A-IR13-B

(Partial Assignment from Mercy Springs)

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46 hereinafter referred to as the IR12-B, effective March 1, 2010, through February 29, 2012; and

47 WHEREAS, the United States and the Contractors 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 

51 execution of any long-term renewal contract may be delayed for reasons beyond the control of 

52 the parties; and

53 WHEREAS, the Contractors have requested a subsequent interim renewal 

54 contract pursuant to IR12-B; and 

55 WHEREAS, the United States has determined that the Contractors have to date 

56 fulfilled all of its obligations under IR12-B; and

57 WHEREAS, the United States is willing to renew IR12-B pursuant to the terms 

58 and conditions set forth below; and

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

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

61 RENEWAL AND REVISION OF

62 CONTRACT NO. 14-06-200-3365A-IR12-B

63 1. Except as specifically modified by this Contract, all provisions of IR12-B are

64 renewed with the same force and effect as if they were included in full text with the exception of 

65 Article 1 of IR12-B thereof, which is revised as follows:

66 (a) The first sentence in subdivision (a) of Article 1 of IR12-B is replaced 

67 with the following language: “This Contract shall be effective from March 1, 2012, and shall 

68 remain in effect through February 28, 2014, and thereafter will be renewed as described in 
Irrigation and M&I

Contract No. 14-06-200-3365A-IR13-B

(Partial Assignment from Mercy Springs)

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69 Article 2 of IR5-B, if a long-term renewal contract has not been executed with an effective 

70 commencement date of March 1, 2014.”

71 (b) Subdivision (b) of Article 1 of IR12-B is amended by deleting the date 

72 “February 29, 2012,” and replacing same with the date “February 28, 2014.”
Irrigation and M&I

Contract No. 14-06-200-3365A-IR13-B

(Partial Assignment from Mercy Springs)

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73 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year 

74 first above written.

75 UNITED STATES OF AMERICA

76 By: _____________________________________

77 Regional Director, Mid-Pacific Region

78 Bureau of Reclamation

79 (SEAL) PAJARO VALLEY WATER MANAGEMENT 

80 AGENCY

81 Attest: By: ____________________________________

82 General Manager

83 By: _____________________________

84 Secretary

85 (SEAL) SANTA CLARA VALLEY WATER DISTRICT

86 Attest: By: ____________________________________

87 Chief Executive Officer

88 By: _____________________________

89 Secretary

90 (SEAL) WESTLANDS WATER DISTRICT 

91 DISTRIBUTION DISTRICT NO. 1

92 Attest: By: ___________________________________

93 President of the Board of Directors

94 By: ____________________________

95 Secretary of the Board of Directors