SRSC Proposed Revisions to New Articles 10 & 29 

(Redline/Strikeout of R.O. Draft 6/21/02) 

R.O. Draft 05/15-2002 

SRSC Draft 05/22/02 

SRSC Draft 05/31/02 

R.O Draft 6/21/02 

SRSC Draft 7/9/02 

MEASUREMENT OF WATER

10. (a) All water diverted by the Contractor from Sacramento River will be 

diverted at the existing point or points of diversion shown on Exhibit A or at such other 

points as may be mutually agreed upon in writing by the Contracting Officer and the 

Contractor. 

(b) All water diverted from the Sacramento River pursuant to this Contract 

will be measured or caused to be measured by the United States at each point of diversion 

with existing equipment or equipment to be installed, operated, and maintained by the 

United States, and/or others, under contract with and at the option of the United States. 

The equipment and methods used to make such measurement shall be in accordance with 

sound engineering practices. Upon request of the Contractor, the accuracy of such 

measurements will be investigated by the Contracting Officer and any errors appearing 

therein will be corrected. 

(c) The right of ingress to and egress from all points of diversion is hereby 

granted to all authorized employees of the United States. The Contractor also hereby 

grants to the United States the right to install, operate, maintain and replace such 

equipment on diversion or carriage facilities at each point of diversion as the Contracting 

Officer deems necessary. 
(d) The Contractor shall not modify, alter, remove, or replace diversion 

facilities or do any other act which would alter the effectiveness or accuracy of the 

measuring equipment installed by the United States or its representatives unless and until 

the Contracting Officer has been notified with due diligence and has been given an 

opportunity to modify such measuring equipment in such manner as may be necessary or 

appropriate. In the event of an emergency the Contractor shall notify the United States 

within a reasonable time thereafter as to the existence of the emergency and the nature 

and extent of such modification, alteration, removal, or replacement of diversion 

facilities. 

(e) The Contractor shall pay the United States for the costs to repair, relocate, 

or replace measurement equipment when the Contractor modifies, alters, removes, or 

replaces diversion or carriage facilities. 

 (f) Contractor and Contracting Officer shall develop a mutually agreeable 

surface water delivery water measurement program which shall be implemented by 

Contractor, and such measurement program shall be consistent with the Basin-Wide 

Water Management Plan. [Add definition of “Basin-Wide Water Management Plan” to 

Article 1.]

(g) All new surface water delivery systems installed within the lands 

delineated on Exhibit B after the effective date of this Contract shall also comply with the 

measurement provisions described in this Article. 

********************************************************* 

Deleted: (f) (Contractor Specific) By 

__________________[DATE] ________, 

the Contractor shall ensure that, unless 

the Contractor establishes an alternative 

measurement program satisfactory to the 

Contracting Officer, all surface water 

delivered for irrigation purposes on the 

lands delineated on Exhibit B is measured 

at each agricultural turnout. The water 

measuring devices or water measuring 

methods of comparable effectiveness 

must be acceptable to the Contracting 

Officer. The Contractor shall be 

responsible for installing, operating, and 

maintaining and repairing all such 

measuring devices and implementing all 

such water measuring methods at no cost 

to the United States. The Contractor shall 

inform the Contracting Officer in writing 

by April 30 of each Year of the monthly 

volume of surface water delivered to the 

lands delineated on Exhibit B during the 

previous Year. This information will be 

used by Reclamation to satisfy the water 

measurement requirements of the 

Contractor’s water conservation plan, as 

set forth in Article 29 of this Contract.¶
WATER CONSERVATION

29. (a) Prior to the diversion of Project Water, the Contractor shall be 

implementing an effective water conservation and efficiency program based on the 

Contractor's water conservation plan that has been determined by the Contracting Officer 

to meet the conservation and efficiency criteria for evaluating water conservation plans 

established under Federal law. The water conservation and efficiency program shall 

contain definite water conservation objectives, appropriate economically feasible water 

conservation measures, and time schedules for meeting those objectives. Continued 

diversion of Project Water pursuant to this Contract shall be contingent upon the 

Contractor’s continued implementation of such water conservation program. In the event 

the Contractor's water conservation plan or any revised water conservation plan 

completed pursuant to subdivision (c) of Article 29 of this Contract have not yet been 

determined by the Contracting Officer to meet such criteria, due to circumstances which 

the Contracting Officer determines are beyond the control of the Contractor, Project 

Water deliveries shall be made under this Contract so long as the Contractor diligently 

works with the Contracting Officer to obtain such determination at the earliest practicable 

date, and thereafter the Contractor immediately begins implementing its water 

conservation and efficiency program in accordance with the time schedules therein. 

(b) The Contractor shall submit to the Contracting Officer a report on the 

status of its implementation of the water conservation plan on the reporting dates 

specified in the then existing conservation and efficiency criteria established under 

Federal law. 
(c) At five (5)-year intervals, the Contractor shall revise its water 

conservation plan to reflect the then current conservation and efficiency criteria for 

evaluating water conservation plans established under Federal law and submit such 

revised water management plan to the Contracting Officer for review and evaluation. 

The Contracting Officer will then determine if the water conservation plan meets 

Reclamation’s then current conservation and efficiency criteria for evaluating water 

conservation plans established under Federal law. 

(d) If the Contractor is engaged in direct ground-water recharge, such activity 

shall be described in the Contractor’s water conservation plan. 

(e) Contractor’s participation in the Basin-Wide Water Management Plan, 

including the Contractor’s development and implementation of water conservation 

measures and related Best Management Practices identified in that Plan for the 

Contractor, shall constitute full compliance with this Article. [Add definition of “BasinWide Water Management Plan” to Article 1.]