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Contract No. 14-06-200-4305A-IR14-B 

(Partial Assignment from Banta-Carbona) 

1 UNITED STATES 

2 DEPARTMENT OF THE INTERIOR 

3 BUREAU OF RECLAMATION 

4 Central Valley Project, California 

5 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES 

6 AND 

7 THE CITY OF TRACY 

8 PROVIDING FOR PROJECT WATER SERVICE 

9 THIS CONTRACT, made this _______ day of ___________________, 2014, 

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

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

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

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

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

15 hereinafter referred to as Federal Reclamation law, between the UNITED STATES OF 

16 AMERICA, hereinafter referred to as the United States, and the CITY OF TRACY, hereinafter 

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

18 and acting pursuant to the laws thereof; 

19 WITNESSETH, That: 

20 EXPLANATORY RECITALS 

21 WHEREAS, the United States and the Banta-Carbona Irrigation District 

22 (Banta-Carbona) entered into interim renewal Contract (long-form interim renewal contract) 

23 No. 14-06-200-4305A-IR1, which provided for the continued water service of 25,000 acre-feet 
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Contract No. 14-06-200-4305A-IR14-B 

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24 of Central Valley Project (CVP) water to Banta-Carbona following expiration of Contract 

25 No. 14-06-200-4305A; and 

26 WHEREAS, the United States and Banta-Carbona entered into successive 

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

28 No. 14-06-200-4305A-IR5, hereinafter referred to as IR5; and 

29 WHEREAS, on February 27, 2004, the Contractor, Banta-Carbona, and the 

30 United States executed a partial assignment agreement, “Agreement for Assignment of Portion 

31 of Water Service Contract”, which assigned to the Contractor the rights, duties, and obligations 

32 of Banta-Carbona’s Contract No. 14-06-200-4305A-IR7 for 5,000 acre-feet; and 

33 WHEREAS, the United States and the Contractor entered into the first interim 

34 renewal contract identified as Contract No. 14-06-200-4305A-IR9-B, hereinafter referred to as 

35 IR9-B; and 

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

37 renewals of IR9-B, the most recent of which is Contract No. 14-06-200-4305A-IR13-B, 

38 hereinafter referred to as IR13-B, effective March 1, 2012, through February 28, 2014; and 

39 WHEREAS, the United States and the Contractor have made significant progress 

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

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

42 seek to reach agreement, but anticipate that the environmental documentation necessary for 

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

44 the parties; and 

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

46 pursuant to IR13-B; and 
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Contract No. 14-06-200-4305A-IR14-B 

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

48 fulfilled all of its obligations under IR13-B; and 

49 WHEREAS, the United States is willing to renew IR13-B pursuant to the terms 

50 and conditions set forth below; 

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

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

53 RENEWAL AND REVISION OF 

54 CONTRACT NO. 14-06-200-4305A-IR13-B 

55 1. Except as specifically modified by this Contract, all provisions of IR13-B are 

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

57 Article 1 of IR13-B thereof, which is revised as follows: 

58 (a) The first sentence in subdivision (a) of Article 1 of IR13-B is replaced 

59 with the following language: “This Contract shall be effective from March 1, 2014, and shall 

60 remain in effect through February 29, 2016, and thereafter will be renewed as described in 

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

62 commencement date of March 1, 2016.” 

63 (b) Subdivision (b) of Article 1 of IR13-B is amended by deleting the date 

64 “February 15, 2014,” and replacing same with the date “February 15, 2016.” 

65 (c) Subdivision (c) of Article 1 of IR13-B is amended by deleting the dates 

66 “February 1, 2014,” “February 15, 2014,” and “February 28, 2014,” and replacing same with 

67 the dates “February 1, 2016,” “February 15, 2016,” and “February 29, 2016,” respectively. 
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Contract No. 14-06-200-4305A-IR14-B 

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68 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of 

69 the day and year first above written. 

70 UNITED STATES OF AMERICA 

71 By: _____________________________________ 

72 Regional Director, Mid-Pacific Region 

73 Bureau of Reclamation 

74 (SEAL) 

75 CITY OF TRACY 

76 By: _____________________________________ 

77 City Manager 

78 Attest: 

79 By: _____________________________ 

80 Secretary