AG and M&I 

T.O. Final Draft 09/24-2004 

T.O. Draft 08/06-2004 

R.O. Final Delta Division Form 07/23-2004 

R.O. Draft 07/22-2004 

CVP-Wide Form 05/23-2004 

Delta Division 

Contract No. 

 14-06-200-4305A-LTR1 

UNITED STATES 

 DEPARTMENT OF THE INTERIOR 

BUREAU OF RECLAMATION 

Central Valley Project, California 

LONG-TERM RENEWAL CONTRACT BETWEEN THE UNITED STATES

AND

BANTA-CARBONA IRRIGATION DISTRICT

PROVIDING FOR PROJECT WATER SERVICE

FROM THE DELTA DIVISION

Table of Contents

Article No. Title Page No.

 Preamble ................................................................................................................. 1 

 Explanatory Recitals ............................................................................................ 1-5 

 1 Definitions............................................................................................................ 5-9 

 2 Term of Contract................................................................................................9-12

 3 Water to be Made Available and Delivered to the Contractor.........................13-17 

 4 Time for Delivery of Water .............................................................................17-18 

 5 Point of Diversion and Responsibility for Distribution of Water.................... 18-20 

 6 Measurement of Water Within the Contractor’s Service Area........................ 20-22 

 7 Rates and Method of Payment for Water.........................................................22-28 

 8 Non-Interest Bearing Operation and Maintenance Deficits.................................. 28 

 9 Sales, Transfers, or Exchanges of Water .........................................................29-30 

 10 Application of Payments and Adjustments......................................................30-31 

 11 Temporary Reductions--Return Flows ............................................................ 31-32 

 12 Constraints on the Availability of Water ......................................................... 32-34 

 13 Unavoidable Groundwater Percolation................................................................. 34 

 14 Rules and Regulations........................................................................................... 34 

 15 Water and Air Pollution Control........................................................................... 35 

 16 Quality of Water ................................................................................................... 35 

 17 Water Acquired by the Contractor Other Than From the United States..........35-38 

 18 Opinions and Determinations ..........................................................................37-39 

 19 Coordination and Cooperation......................................................................... 39-41 

 20 Charges for Delinquent Payments ........................................................................ 41
Contract No. 14-06-200-4305A-LTR1 

Table of Contents - continued

Article No. Title Page No.

 21 Equal Opportunity............................................................................................41-42 

 22 General Obligation--Benefits Conditioned Upon Payment .............................42-43 

 23 Compliance With Civil Rights Laws and Regulations ......................................... 43 

 24 Privacy Act Compliance ..................................................................................43-44 

 25 Contractor to Pay Certain Miscellaneous Costs.................................................... 44 

 26 Water Conservation .........................................................................................44-46 

 27 Existing or Acquired Water or Water Rights........................................................ 46 

 28 Operation and Maintenance by Operating Non-Federal Entity ....................... 46-48 

 29 Contingent on Appropriation or Allotment of Funds ........................................... 48 

 30 Books, Records, and Reports................................................................................ 48 

 31 Assignment Limited--Successors and Assigns Obligated .................................... 49 

 32 Severability ......................................................................................................49-50 

 33 Resolution of Disputes.......................................................................................... 50 

 34 Officials Not to Benefit......................................................................................... 50 

 35 Changes in Contractor’s Service Area............................................................. 50-51 

 36 Federal Laws......................................................................................................... 51 

 37 Notices .................................................................................................................. 51

 38 Confirmation of Contract...................................................................................... 51 

 Signature Page ...................................................................................................... 52 

 Exhibit A - Map of Contractor's Service Area 

 Exhibit B - Rates and Charges
T.O. Final Draft 09/24-2004 

T.O. Draft 08/06-2004 

R.O. Final Delta Division Form 07/23-2004 

R.O. Draft 07/22-2004 

CVP-Wide Form 05/23-2004 

Delta Division 

Contract No. 

 14-06-200-4305A-LTR1 

1 UNITED STATES 

2 DEPARTMENT OF THE INTERIOR 

3 BUREAU OF RECLAMATION 

4 Central Valley Project, California 

5 LONG-TERM RENEWAL CONTRACT BETWEEN THE UNITED STATES

6 AND

7 BANTA-CARBONA IRRIGATION DISTRICT

8 PROVIDING FOR PROJECT WATER SERVICE

9 FROM THE DELTA DIVISION

 THIS CONTRACT, made this 10 _____ day of ____________________, 2005, in pursuance 

11 generally of the Act of June 17, 1902 (32 Stat. 388), and acts amendatory or supplementary thereto, 

12 including, but not limited to, the Acts of August 26, 1937 (50 Stat. 844), as amended and 

13 supplemented, August 4, 1939 (53 Stat. 1187), as amended and supplemented, July 2, 1956 (70 Stat. 

14 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), October 27, 1986 (100 Stat. 

15 3050), as amended, and Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), all 

16 collectively hereinafter referred to as Federal Reclamation law, between THE UNITED STATES 

17 OF AMERICA, hereinafter referred to as the United States, and the BANTA-CARBONA 

18 IRRIGATION DISTRICT, hereinafter referred to as the Contractor, a public agency of the State of 

19 California, duly organized, existing, and acting pursuant to the laws thereof; 

20 WITNESSETH, That: 

21 EXPLANATORY RECITALS

 [1st 22 ] WHEREAS, the United States has constructed and is operating the Central Valley 

23 Project (Project), California, for diversion, storage, carriage, distribution and beneficial use, for
Contract No. 14-06-200-4305A-LTR1 

2

24 flood control, irrigation, municipal, domestic, industrial, fish and wildlife mitigation, protection and 

25 restoration, generation and distribution of electric energy, salinity control, navigation and other 

26 beneficial uses, of waters of the Sacramento River, the American River, the Trinity River, and the 

27 San Joaquin River and their tributaries; and 

 [2nd 28 ] WHEREAS, the United States constructed the Delta-Mendota Canal and related 

29 facilities, which will be used in part for the furnishing of water to the Contractor pursuant to the 

30 terms of this Contract; and 

 [3rd 31 ] WHEREAS, the rights to Project Water were acquired by the United States pursuant 

32 to California law for operation of the Project; and 

 [4th 33 ] WHEREAS, the Contractor and the United States entered into Contract 

34 No. 14-06-200-4305A, which established terms for the delivery to the Contractor of Project Water 

35 from the Delta Division Facilities from February 14, 1969, through February 28, 1995; and 

 [5th 36 ] WHEREAS, the Contractor and the United States have pursuant to subsection 

37 3404(c)(1) of the Central Valley Project Improvement Act (CVPIA), subsequently entered into 

38 interim renewal contract(s) identified as Contract No(s). 14-06-200-4305A-IR1, 14-06-200-4305A39 IR2, 14-06-200-4305A-IR3, 14-06-200-4305A-IR4, 14-06-200-4305A-IR5, 14-06-200-4305A-IR6, 

40 14-06-200-4305A-IR7, and 14-06-200-4305A-IR8, the current of which is hereinafter referred to as 

41 the Existing Contract, which provided for the continued water service to the Contractor from 

42 March 1, 1995, through February 28, 2006; and 

[6th 43 ] WHEREAS, Section 3404(c) of the CVPIA provides for long-term renewal of the 

44 Existing Contract following completion of appropriate environmental documentation, including a 

45 programmatic environmental impact statement (PEIS) pursuant to the National Environmental 
Contract No. 14-06-200-4305A-LTR1 

3

46 Policy Act (NEPA) analyzing the direct and indirect impacts and benefits of implementing the 

47 CVPIA and the potential renewal of all existing contracts for Project Water; and 

48 [6.1] WHEREAS, pursuant to a June 5, 2001, “Agreement for Assignment of Entitlement 

49 to CVP Water Between the City of Tracy and the Banta-Carbona Irrigation District,” the Contractor 

50 assigned to the City of Tracy 5,000 acre-feet of the Contractor’s entitlement to Project Water under 

51 Contract No. 14-06-200-4305-IR7, which assignment is reflected in the decreased quantity of Water 

52 Made Available under subdivision (a) of Article 3 of this Contract; and 

53 [6.2] WHEREAS, on February 27, 2004, the Contractor, the United States and the City of 

54 Tracy entered into an “Agreement for Assignment of Portion of Water Service Contract” 

55 (“Assignment Agreement”), wherein the United States approved the assignment of 5,000 acre-feet 

56 of water under Contractor No. 14-06-200-4305A-IR7, as then being implemented through Contract 

57 No. 14-06-200-4305A-B, to the City of Tracy; and 

58 [6.3] WHEREAS, the Existing Contract reflects completion of the assignment referenced 

59 in 6.1 above, by reducing the quantity of Project Water made available to the Contractor from 

60 25,000 to 20,000 acre-feet; and 

 [7th 61 ] WHEREAS, the United States has completed the PEIS and all other appropriate 

62 environmental review necessary to provide for long-term renewal of the Existing Contract; and 

 [8th 63 ] WHEREAS, the Contractor has requested the long-term renewal of the Existing 

64 Contract, pursuant to the terms of the Existing Contract, Federal Reclamation law, and the laws of 

65 the State of California, for water service from the Project; and 

 [9th 66 ] WHEREAS, the United States has determined that the Contractor has fulfilled all of 

67 its obligations under the Existing Contract; and 
Contract No. 14-06-200-4305A-LTR1 

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 [10th 68 ] WHEREAS, the Contractor has demonstrated to the satisfaction of the Contracting 

69 Officer that the Contractor has utilized the Project Water supplies available to it for reasonable and 

70 beneficial use and/or has demonstrated projected future demand for water use such that the 

71 Contractor has the capability and expects to utilize fully for reasonable and beneficial use the 

72 quantity of Project Water to be made available to it pursuant to this Contract; and 

 [11th 73 ] WHEREAS, water obtained from the Project has been relied upon by urban and 

74 agricultural areas within California for more than 50 years, and is considered by the Contractor as 

75 an essential portion of its water supply; and 

 [12th 76 ] WHEREAS, the economies of regions within the Project, including the Contractor’s, 

77 depend upon the continued availability of water, including water service from the Project; and 

 [13th 78 ] WHEREAS, the Secretary intends through coordination, cooperation, and 

79 partnerships to pursue measures to improve water supply, water quality, and reliability of the 

80 Project for all Project purposes; and 

 [14th 81 ] WHEREAS, the mutual goals of the United States and the Contractor include: to 

82 provide for reliable Project Water supplies; to control costs of those supplies; to achieve repayment 

83 of the Project as required by law; to guard reasonably against Project Water shortages; to achieve a 

84 reasonable balance among competing demands for use of Project Water; and to comply with all 

85 applicable environmental statutes, all consistent with the legal obligations of the United States 

86 relative to the Project; and 

 [15th 87 ] WHEREAS, the parties intend by this Contract to develop a more cooperative 

88 relationship in order to achieve their mutual goals; and 

89 [15.1] WHEREAS, the Contractor has utilized or may utilize transfers, contract 

90 assignments, rescheduling and conveyance of Project Water and non-Project water under this 
Contract No. 14-06-200-4305A-LTR1 

5

91 Contract as tools to minimize the impacts of Conditions of Shortage and to maximize the beneficial 

92 use of water; and 

93 [15.2] WHEREAS, the parties desire and intend that this Contract not provide a 

94 disincentive to the Contractor in continuing to carry out the beneficial activities set out in the 

95 Explanatory Recital immediately above; and 

 [16th 96 ] WHEREAS, the United States and the Contractor are willing to enter into this 

97 Contract pursuant to Federal Reclamation law on the terms and conditions set forth below; 

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

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

100 DEFINITIONS

101 1. When used herein unless otherwise distinctly expressed, or manifestly incompatible 

102 with the intent of the parties as expressed in this Contract, the term: 

103 (a) “Calendar Year” shall mean the period January 1 through December 31, both 

104 dates inclusive; 

105 (b) “Charges” shall mean the payments required by Federal Reclamation law in 

106 addition to the Rates and Tiered Pricing Component specified in this Contract as determined 

107 annually by the Contracting Officer pursuant to this Contract; 

108 (c) “Condition of Shortage” shall mean a condition respecting the Project during 

109 any Year such that the Contracting Officer is unable to deliver sufficient water to meet the Contract 

110 Total; 

111 (d) “Contracting Officer” shall mean the Secretary of the Interior’s duly 

112 authorized representative acting pursuant to this Contract or applicable Federal Reclamation law or 

113 regulation; 
Contract No. 14-06-200-4305A-LTR1 

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114 (e) “Contract Total” shall mean the maximum amount of water to which the 

115 Contractor is entitled under subdivision (a) of Article 3 of this Contract; 

116 (f) “Contractor's Service Area” shall mean the area to which the Contractor is 

117 permitted to provide Project Water under this Contract as described in Exhibit “A” attached hereto, 

118 which may be modified from time to time in accordance with Article 35 of this Contract without 

119 amendment of this Contract; 

120 (g) “CVPIA” shall mean the Central Valley Project Improvement Act, Title 

121 XXXIV of the Act of October 30, 1992 (106 Stat. 4706); 

122 (g.1) “Delta Division Facilities” shall mean those existing and future Project 

123 facilities in and south of the Sacramento-San Joaquin Rivers Delta, including, but not limited to, the 

124 Tracy Pumping Plant, the O’Neill Pumping/Generating Plant, and the San Luis Reservoir, used to 

125 divert, store, and convey water to those Project Contractors entitled to receive water conveyed 

126 through the Delta-Mendota Canal; 

127 (h) “Eligible Lands” shall mean all lands to which Irrigation Water may be 

128 delivered in accordance with Section 204 of the Reclamation Reform Act of October 12, 1982 (96 

129 Stat. 1263), as amended, hereinafter referred to as RRA; 

130 (i) “Excess Lands” shall mean all lands in excess of the limitations contained in 

131 Section 204 of the RRA, other than those lands exempt from acreage limitation under Federal 

132 Reclamation law; 

133 (j) “Full Cost Rate” shall mean an annual rate, as determined by the Contracting 

134 Officer that shall amortize the expenditures for construction properly allocable to the Project 

135 irrigation or M&I functions, as appropriate, of facilities in service including all O&M deficits 

136 funded, less payments, over such periods as may be required under Federal Reclamation law, or 
Contract No. 14-06-200-4305A-LTR1 

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137 applicable contract provisions. Interest will accrue on both the construction expenditures and 

138 funded O&M deficits from October 12, 1982, on costs outstanding at that date, or from the date 

139 incurred in the case of costs arising subsequent to October 12, 1982, and shall be calculated in 

140 accordance with subsections 202(3)(B) and (3)(C) of the RRA. The Full Cost Rate includes actual 

141 operation, maintenance, and replacement costs consistent with Section 426.2 of the Rules and 

142 Regulations for the RRA; 

143 (k) “Ineligible Lands” shall mean all lands to which Irrigation Water may not be

144 delivered in accordance with Section 204 of the RRA; 

145 (l) “Irrigation Full Cost Water Rate” shall mean the Full Cost Rate applicable to 

146 the delivery of Irrigation Water; 

147 (m) “Irrigation Water” shall mean water made available from the Project that is 

148 used primarily in the production of agricultural crops or livestock, including domestic use incidental 

149 thereto, and watering of livestock; 

150 (n) “Landholder” shall mean a party that directly or indirectly owns or leases 

151 nonexempt land, as provided in 43 CFR 426.2; 

152 (o) “Municipal and Industrial (M&I) Water” shall mean Project Water, other 

153 than Irrigation Water, made available to the Contractor. M&I Water shall include water used for 

154 human use and purposes such as the watering of landscaping or pasture for animals (e.g., horses) 

155 which are kept for personal enjoyment or water delivered to landholdings operated in units of less 

156 than five acres unless the Contractor establishes to the satisfaction of the Contracting Officer that 

157 the use of water delivered to any such landholding is a use described in subdivision (m) of this 

158 Article; 
Contract No. 14-06-200-4305A-LTR1 

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159 (p) “M&I Full Cost Water Rate” shall mean the Full Cost Rate applicable to the 

160 delivery of M&I Water; 

161 (q) “Operation and Maintenance” or “O&M” shall mean normal and reasonable 

162 care, control, operation, repair, replacement (other than capital replacement), and maintenance of 

163 Project facilities; 

164 (r) “Operating Non-Federal Entity” shall mean the entity, its successors or 

165 assigns, which has the obligation to operate and maintain all or a portion of the Delta Division 

166 Facilities pursuant to written agreement(s) with the United States. When this Contract was entered 

167 into, the Operating Non-Federal Entity was the San Luis & Delta-Mendota Water Authority. 

168 (s) “Project” shall mean the Central Valley Project owned by the United States 

169 and managed by the Department of the Interior, Bureau of Reclamation; 

170 (t) “Project Contractors” shall mean all parties who have water service contracts 

171 for Project Water from the Project with the United States pursuant to Federal Reclamation law; 

172 (u) “Project Water” shall mean all water that is developed, diverted, stored, or 

173 delivered by the Secretary in accordance with the statutes authorizing the Project and in accordance 

174 with the terms and conditions of water rights acquired pursuant to California law; 

175 (v) “Rates” shall mean the payments determined annually by the Contracting 

176 Officer in accordance with the then current applicable water ratesetting policies for the Project, as 

177 described in subdivision (a) of Article 7 of this Contract; 

178 (w) “Recent Historic Average” shall mean the most recent five-year average of 

179 the final forecast of Water Made Available to the Contractor pursuant to this Contract or its 

180 preceding contract(s); 
Contract No. 14-06-200-4305A-LTR1 

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181 (x) “Secretary” shall mean the Secretary of the Interior, a duly appointed 

182 successor, or an authorized representative acting pursuant to any authority of the Secretary and 

183 through any agency of the Department of the Interior; 

184 (y) “Tiered Pricing Component” shall be the incremental amount to be paid for 

185 each acre-foot of Water Delivered as described in subdivision (j) of Article 7 of this Contract; 

186 (z) “Water Delivered” or “Delivered Water” shall mean Project Water diverted 

187 for use by the Contractor at the point(s) of delivery approved by the Contracting Officer; 

188 (aa) “Water Made Available” shall mean the estimated amount of Project Water 

189 that can be delivered to the Contractor for the upcoming Year as declared by the Contracting 

190 Officer, pursuant to subdivision (a) of Article 4 of this Contract; 

191 (bb) “Water Scheduled” shall mean Project Water made available to the 

192 Contractor for which times and quantities for delivery have been established by the Contractor and 

193 Contracting Officer, pursuant to subdivision (b) of Article 4 of this Contract; and 

194 (cc) “Year” shall mean the period from and including March 1 of each Calendar 

195 Year through the last day of February of the following Calendar Year. 

196 TERM OF CONTRACT

197 2. (a) This Contract shall be effective March 1, 2005, through February 28, 2030, 

198 and supercedes the Existing Contract. In the event the Contractor wishes to renew this Contract 

199 beyond February 28, 2030, the Contractor shall submit a request for renewal in writing to the 

200 Contracting Officer no later than two years prior to the date this Contract expires. The renewal of 

201 this Contract insofar as it pertains to the furnishing of Irrigation Water to the Contractor shall be 

202 governed by subdivision (b) of this Article, and the renewal of this Contract insofar as it pertains to 

203 the furnishing of M&I Water to the Contractor shall be governed by subdivision (c) of this Article.
Contract No. 14-06-200-4305A-LTR1 

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204 (b) (1) Under terms and conditions of a renewal contract that are mutually 

205 agreeable to the parties hereto, and upon a determination by the Contracting Officer that at the time 

206 of contract renewal the conditions set forth in subdivision (b)(2) of this Article are met, and subject 

207 to Federal and State law, this Contract, insofar as it pertains to the furnishing of Irrigation Water to 

208 the Contractor, shall be renewed for a period of 25 years. 

209 (2) The conditions which must be met for this Contract to be renewed are: 

210 (i) the Contractor has prepared a water conservation plan that has been determined by the 

211 Contracting Officer in accordance with Article 26 of this Contract to meet the conservation and 

212 efficiency criteria for evaluating such plans established under Federal law; (ii) the Contractor is 

213 implementing an effective water conservation and efficiency program based on the Contractor’s 

214 water conservation plan as required by Article 26 of this Contract; (iii) the Contractor is operating 

215 and maintaining all water measuring devices and implementing all water measurement methods as 

216 approved by the Contracting Officer pursuant to Article 6 of this Contract; (iv) the Contractor has 

217 reasonably and beneficially used the Project Water supplies made available to it and, based on 

218 projected demands, is reasonably anticipated and expects to fully utilize for reasonable and 

219 beneficial use the quantity of Project Water to be made available to it pursuant to such renewal; (v) 

220 the Contractor is complying with all terms and conditions of this Contract; and (vi) the Contractor 

221 has the physical and legal ability to deliver Project Water. 

222 (3) The terms and conditions of the renewal contract described in 

223 subdivision (b)(1) of this Article and any subsequent renewal contracts shall be developed 

224 consistent with the parties’ respective legal rights and obligations, and in consideration of all 

225 relevant facts and circumstances, as those circumstances exist at the time of renewal, including, 

226 without limitation, the Contractor’s need for continued delivery of Project Water; environmental 
Contract No. 14-06-200-4305A-LTR1 

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227 conditions affected by implementation of the Contract to be renewed, and specifically changes in 

228 those conditions that occurred during the life of the Contract to be renewed; the Secretary’s progress 

229 toward achieving the purposes of the CVPIA as set out in Section 3402 and in implementing the 

230 specific provisions of the CVPIA; and current and anticipated economic circumstances of the region 

231 served by the Contractor. 

232 (c) This Contract, insofar as it pertains to the furnishing of M&I Water to the 

233 Contractor, shall be renewed for successive periods of up to 40 years each, which periods shall be 

234 consistent with the then-existing Reclamation-wide policy, under terms and conditions mutually 

235 agreeable to the parties and consistent with Federal and State law. The Contractor shall be afforded 

236 the opportunity to comment to the Contracting Officer on the proposed adoption and application of 

237 any revised policy applicable to the delivery of M&I Water that would limit the term of any 

238 subsequent renewal contract with the Contractor for the furnishing of M&I Water to less than 40 

239 years. 

240 (d) The Contracting Officer shall make a determination ten years after the date of 

241 execution of this Contract, and every five years thereafter during the term of this Contract, of 

242 whether a conversion of the relevant portion of this Contract to a contract under subsection 9(d) of 

243 the Reclamation Project Act of 1939 can be accomplished pursuant to the Act of July 2, 1956 (70 

244 Stat 483). The Contracting Officer shall also make a determination ten years after the date of 

245 execution of this Contract and every five years thereafter during the term of this Contract of whether 

246 a conversion of the relevant portion of this Contract to a contract under subsection 9(c)(1) of the 

247 Reclamation Project Act of 1939 can be accomplished. Notwithstanding any provision of this 

248 Contract, the Contractor reserves and shall have all rights and benefits under the Act of July 2, 1956 

249 (70 Stat. 483). The Contracting Officer anticipates that during the term of this Contract, all 
Contract No. 14-06-200-4305A-LTR1 

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250 authorized Project construction expected to occur will have occurred, and on that basis the 

251 Contracting Officer agrees upon such completion to allocate all costs that are properly assignable to 

252 the Contractor, and agrees further that, at any time after such allocation is made, and subject to 

253 satisfaction of the condition set out in this subdivision, this Contract shall, at the request of the 

254 Contractor, be converted to a contract under subsection 9(d) or 9(c)(1), whichever is applicable,of 

255 the Reclamation Project Act of 1939, subject to applicable Federal law and under stated terms and 

256 conditions mutually agreeable to the Contractor and the Contracting Officer. A condition for such 

257 conversion to occur shall be a determination by the Contracting Officer that, account being taken of 

258 the amount credited to return by the Contractor as provided for under Federal Reclamation law, the 

259 remaining amount of construction costs assignable for ultimate return by the Contractor can 

260 probably be repaid to the United States within the term of a contract under subsection 9(d) or 

261 9(c)(1), whichever is applicable. If the remaining amount of costs that are properly assignable to 

262 the Contractor cannot be determined during the term of this Contract, the Contracting Officer shall 

263 notify the Contractor, and provide the reason(s) why such a determination could not be made. 

264 Further, the Contracting Officer shall make such a determination as soon thereafter as possible so as 

265 to permit, upon request of the Contractor and satisfaction of the conditions set out above, 

266 conversion to a contract under subsection 9(d) or 9(c)(1), whichever is applicable. In the event such 

267 determination of costs has not been made at a time which allows conversion of this Contract during 

268 the term of this Contract or the Contractor has not requested conversion of this Contract within such 

269 term, the parties shall incorporate in any subsequent renewal contract as described in subdivision (b) 

270 of this Article a provision that carries forth in substantially identical terms the provisions of this 

271 subdivision. 
Contract No. 14-06-200-4305A-LTR1 

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272 WATER TO BE MADE AVAILABLE AND DELIVERED TO THE CONTRACTOR

273 3. (a)(1) During each Year, consistent with all applicable State water rights, permits, 

274 and licenses; Federal law; and subject to the provisions set forth in Articles 11 and 12 of this 

275 Contract, the Contracting Officer shall make available for delivery to the Contractor 20,000 acre276 feet of Project Water for irrigation and M&I purposes. Water Delivered to the Contractor in 

277 accordance with this subdivision shall be scheduled and paid for pursuant to the provisions of 

278 Articles 4 and 7 of this Contract. 

279 (a)(2) In the event that the assignment of rights to Project Water from the 

280 Contractor to the City of Tracy is terminated pursuant to Section 13 of the Amendment to the 

281 Agreement for Assignment of Entitlement to Project Water dated October 15, 2002, then upon 

282 notice by the Contractor and the City of Tracy to the Contracting Officer, the quantity of Project 

283 Water to be made available to the Contract under subdivision (a)(1) of Article 3 of this Contract 

284 shall be increased by 5,000 acre-feet, and the quantity of Project Water to be made available to the 

285 City of Tracy under its long-term contract with the Contracting Officer shall be reduced by 5,000-

286 acre-feet. 

287 (b) Because the capacity of the Project to deliver Project Water has been 

288 constrained in recent years and may be constrained in the future due to many factors including 

289 hydrologic conditions and implementation of Federal and State laws, the likelihood of the 

290 Contractor actually receiving the amount of Project Water set out in subdivision (a) of this Article in 

291 any given Year is uncertain. The Contracting Officer’s modeling referenced in the PEIS projected 

292 that the Contract Total set forth in this Contract will not be available to the Contractor in many 

293 years. During the most recent five years, the Recent Historic Average of Water Made Available to 
Contract No. 14-06-200-4305A-LTR1 

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294 the Contractor was 13,168 acre-feet. Nothing in subdivision (b) of this Article shall affect the rights 

295 and obligations of the parties under any provision of this Contract. 

296 (c) The Contractor shall utilize the Project Water in accordance with all 

297 applicable legal requirements. 

298 (c.1) In the event any Project Contractor (other than a Cross Valley Contractor) 

299 that receives Project Water through the Delta Division Facilities obtains a contractual agreement 

300 that the Contracting Officer shall make Project Water available at a point or points of delivery in or 

301 north of the Delta, at the request of the Contractor and upon completion of any required 

302 environmental documentation, this Contract shall be amended to provide for deliveries in or north 

303 of the Delta on mutually agreeable terms. Such amendments to the Contract shall be limited solely 

304 to those changes made necessary by the addition of such alternate points of delivery in or north of 

305 the Delta; Provided, That the Contracting Officer’s use of the Harvey O. Banks Pumping Plant to 

306 deliver Project Water does not trigger this right of amendment. 

307 (d) The Contractor shall make reasonable and beneficial use of all water 

308 furnished pursuant to this Contract. Groundwater recharge programs (direct, indirect, or in lieu), 

309 groundwater banking programs, surface water storage programs, and other similar programs 

310 utilizing Project Water or other water furnished pursuant to this Contract conducted within the 

311 Contractor’s Service Area which are consistent with applicable State law and result in use consistent 

312 with Federal Reclamation law will be allowed; Provided, That any direct recharge program(s) is 

313 (are) described in the Contractor’s water conservation plan submitted pursuant to Article 26 of this 

314 Contract; Provided, further, That such water conservation plan demonstrates sufficient lawful uses 

315 exist in the Contractor’s Service Area so that using a long-term average, the quantity of Delivered 

316 Water is demonstrated to be reasonable for such uses and in compliance with Federal Reclamation 
Contract No. 14-06-200-4305A-LTR1 

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317 law. Groundwater recharge programs, groundwater banking programs, surface water storage 

318 programs, and other similar programs utilizing Project Water or other water furnished pursuant to 

319 this Contract conducted outside the Contractor’s Service Area may be permitted upon written 

320 approval of the Contracting Officer, which approval will be based upon environmental 

321 documentation, Project Water rights, and Project operational concerns. The Contracting Officer 

322 will address such concerns in regulations, policies, or guidelines. 

323 (e) The Contractor shall comply with requirements applicable to the Contractor 

324 in biological opinion(s) prepared as a result of a consultation regarding the execution of this 

325 Contract undertaken pursuant to Section 7 of the Endangered Species Act of 1973 (ESA), as 

326 amended, that are within the Contractor’s legal authority to implement. The Existing Contract, 

327 which evidences in excess of 36 years of diversions for irrigation and/or M&I purposes of the 

328 quantities of water provided in subdivision (a) of Article 3 of this Contract, will be considered in 

329 developing an appropriate baseline for biological assessment(s) prepared pursuant to the ESA, and 

330 any other needed environmental review. Nothing herein shall be construed to prevent the 

331 Contractor from challenging or seeking judicial relief in a court of competent jurisdiction with 

332 respect to any biological opinion or other environmental documentation referred to in this Article.

333 (f) Following the declaration of Water Made Available under Article 4 of this 

334 Contract, the Contracting Officer will make a determination whether Project Water, or other water 

335 available to the Project, can be made available to the Contractor in addition to the Contract Total 

336 under this Article during the Year without adversely impacting other Project Contractors. At the 

337 request of the Contractor, the Contracting Officer will consult with the Contractor prior to making 

338 such a determination. If the Contracting Officer determines that Project Water, or other water 

339 available to the Project, can be made available to the Contractor, the Contracting Officer will 
Contract No. 14-06-200-4305A-LTR1 

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340 announce the availability of such water and shall so notify the Contractor as soon as practical. The 

341 Contracting Officer will thereafter meet with the Contractor and other Project Contractors capable 

342 of taking such water to determine the most equitable and efficient allocation of such water. If the 

343 Contractor requests the delivery of any quantity of such water, the Contracting Officer shall make 

344 such water available to the Contractor in accordance with applicable statutes, regulations, 

345 guidelines, and policies. Subject to existing long-term contractual commitments, water rights and 

346 operational constraints, long-term Project Contractors shall have a first right to acquire such water, 

347 including Project Water made available pursuant to Section 215 of the RRA. 

348 (g) The Contractor may request permission to reschedule for use during the 

349 subsequent Year some or all of the Water Made Available to the Contractor during the current Year, 

350 referred to as “rescheduled water.” The Contractor may request permission to use during the 

351 current Year a quantity of Project Water which may be made available by the United States to the 

352 Contractor during the subsequent Year referred to as “preuse.” The Contracting Officer’s written 

353 approval may permit such uses in accordance with applicable statutes, regulations, guidelines, and 

354 policies. 

355 (h) The Contractor’s right pursuant to Federal Reclamation law and applicable 

356 State law to the reasonable and beneficial use of Water Delivered pursuant to this Contract during 

357 the term thereof and any subsequent renewal contracts, as described in Article 2 of this Contract, 

358 during the terms thereof shall not be disturbed so long as the Contractor shall fulfill all of its 

359 obligations under this Contract and any renewals thereof. Nothing in the preceding sentence shall 

360 affect the Contracting Officer’s ability to impose shortages under Article 11 or subdivision (b) of 

361 Article 12 of this Contract or applicable provisions of any subsequent renewal contracts. 
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362 (i) Project Water furnished to the Contractor pursuant to this Contract may be 

363 delivered for purposes other than those described in subdivisions (m) and (o) of Article 1 of this 

364 Contract upon written approval by the Contracting Officer in accordance with the terms and 

365 conditions of such approval. 

366 (j) The Contracting Officer shall make reasonable efforts to protect the water 

367 rights necessary for the Project and to provide the water available under this Contract. The 

368 Contracting Officer shall not object to participation by the Contractor, in the capacity and to the 

369 extent permitted by law, in administrative proceedings related to the Project Water rights; Provided, 

370 That the Contracting Officer retains the right to object to the substance of the Contractor’s position 

371 in such a proceeding; Provided further, That in such proceedings the Contracting Officer shall 

372 recognize the Contractor has a legal right under the terms of this Contract to use Project Water.

373 TIME FOR DELIVERY OF WATER

374 4. (a) On or about February 20th of each Calendar Year, the Contracting Officer 

375 shall announce the Contracting Officer’s expected declaration of the Water Made Available. Such 

376 declaration will be expressed in terms of both Water Made Available and the Recent Historic 

377 Average and will be updated monthly, and more frequently if necessary, based on then-current 

378 operational and hydrologic conditions and a new declaration with changes, if any, to the Water 

379 Made Available will be made. The Contracting Officer shall provide forecasts of Project operations 

380 and the basis of the estimate, with relevant supporting information, upon the written request of the 

381 Contractor. Concurrently with the declaration of the Water Made Available, the Contracting 

382 Officer shall provide the Contractor with the updated Recent Historic Average. 

383 (b) On or before each March 1 and at such other times as necessary, the 

384 Contractor shall submit to the Contracting Officer a written schedule, satisfactory to the Contracting 
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385 Officer, showing the monthly quantities of Project Water to be delivered by the United States to the 

386 Contractor pursuant to this Contract for the Year commencing on such March 1. The Contracting 

387 Officer shall use all reasonable means to deliver Project Water according to the approved schedule 

388 for the Year commencing on such March 1. 

389 (c) The Contractor shall not schedule Project Water in excess of the quantity of 

390 Project Water the Contractor intends to put to reasonable and beneficial use within the Contractor's 

391 Service Area or to sell, transfer, or exchange pursuant to Article 9 of this Contract during any Year. 

392 (d) Subject to the conditions set forth in subdivision (a) of Article 3 of this 

393 Contract, the United States shall deliver Project Water to the Contractor in accordance with the 

394 initial schedule submitted by the Contractor pursuant to subdivision (b) of this Article, or any 

395 written revision(s) thereto, satisfactory to the Contracting Officer, submitted within a reasonable 

396 time prior to the date(s) on which the requested change(s) is/are to be implemented.

397 POINT OF DIVERSION AND RESPONSIBILITY FOR DISTRIBUTION OF WATER

398 5. (a) Project Water scheduled pursuant to subdivision (b) of Article 4 of this 

399 Contract shall be delivered to the Contractor at a point or points and any additional point or points 

400 of delivery either on Project facilities or another location or locations mutually agreed to in writing 

401 by the Contracting Officer and the Contractor. 

402 (b) The Contracting Officer, either directly or indirectly through its written 

403 agreement(s) with the Operating Non-Federal Entity, shall make all reasonable efforts to maintain 

404 sufficient flows and levels of water in Project facilitiesto deliver Project Water to the Contractor at 

405 the point or points of delivery established pursuant to subdivision (a) of this Article. 

406 (c) The Contractor shall deliver Irrigation Water in accordance with any 

407 applicable land classification provisions of Federal Reclamation law and the associated regulations. 
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408 The Contractor shall not deliver Project Water to land outside the Contractor's Service Area unless 

409 approved in advance by the Contracting Officer. 

410 (d) All Water Delivered to the Contractor pursuant to this Contract shall be 

411 measured and recorded with equipment furnished, installed, operated, and maintained by the 

412 Contracting Officer either directly or indirectly through its written agreement(s) with the Operating 

413 Non-Federal Entity, unless undertaken by the Contractor with the consent of the Contracting 

414 Officer, at the point or points of delivery established pursuant to subdivision (a) of this Article. 

415 Upon the request of either party to this Contract, the Contracting Officer shall investigate, or cause 

416 to be investigated by the appropriate Operating Non-Federal Entity, the accuracy of such 

417 measurements and shall take any necessary steps to adjust any errors appearing therein. For any 

418 period of time when accurate measurements have not been made, the Contracting Officer shall 

419 consult with the Contractor and the appropriate Operating Non-Federal Entity, if any, prior to 

420 making a final determination of the quantity delivered for that period of time. 

421 (e) Absent a separate contrary written agreement with the Contractor, neither the 

422 Contracting Officer nor any Operating Non-Federal Entity shall be responsible for the control, 

423 carriage, handling, use, disposal, or distribution of Water Delivered to the Contractor pursuant to 

424 this Contract beyond the point or points of delivery established pursuant to subdivision (a) of this 

425 Article. The Contractor shall indemnify the United States, its officers, employees, agents, and 

426 assigns on account of damage or claim of damage of any nature whatsoever for which there is legal 

427 responsibility, including property damage, personal injury, or death arising out of or connected with 

428 the control, carriage, handling, use, disposal, or distribution of such Water Delivered beyond such 

429 point or points of delivery, except for any damage or claim arising out of: (i) acts or omissions of 

430 the Contracting Officer or any of its officers, employees, agents, and assigns, including the 
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431 Operating Non-Federal Entity, with the intent of creating the situation resulting in any damage or 

432 claim; (ii) willful misconduct of the Contracting Officer or any of its officers, employees, agents, 

433 and assigns, including the Operating Non-Federal Entity; (iii) negligence of the Contracting Officer 

434 or any of its officers, employees, agents, and assigns including the Operating Non-Federal Entity; or 

435 (iv) a malfunction of facilities owned and/or operated by the United States or the Operating 

436 Non-Federal Entity. 

437 MEASUREMENT OF WATER WITHIN THE CONTRACTOR’S SERVICE AREA

438 6. (a) The Contractor has established a measuring program satisfactory to the 

439 Contracting Officer. The Contractor shall ensure that all surface water delivered for irrigation 

440 purposes within the Contractor’s Service Area is measured at each agricultural turnout and such 

441 water delivered for M&I purposes is measured at each M&I service connection. The water 

442 measuring devices or water measuring methods of comparable effectiveness must be acceptable to 

443 the Contracting Officer. The Contractor shall be responsible for installing, operating, and 

444 maintaining and repairing all such measuring devices and implementing all such water measuring 

445 methods at no cost to the United States. The Contractor shall use the information obtained from 

446 such water measuring devices or water measuring methods to ensure its proper management of the 

447 water, to bill water users for water delivered by the Contractor; and, if applicable, to record water 

448 delivered for M&I purposes by customer class as defined in the Contractor’s water conservation 

449 plan provided for in Article 26 of this Contract. Nothing herein contained, however, shall preclude 

450 the Contractor from establishing and collecting any charges, assessments, or other revenues 

451 authorized by California law. The Contractor shall include a summary of all its annual surface 

452 water deliveries in the annual report described in subdivision (c) of Article 26. 
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453 (b) To the extent the information has not otherwise been provided, upon 

454 execution of this Contract, the Contractor shall provide to the Contracting Officer a written report 

455 describing the measurement devices or water measuring methods being used or to be used to 

456 implement subdivision (a) of this Article and identifying the agricultural turnouts and the M&I 

457 service connections or alternative measurement programs approved by the Contracting Officer, at 

458 which such measurement devices or water measuring methods are being used, and, if applicable, 

459 identifying the locations at which such devices and/or methods are not yet being used including a 

460 time schedule for implementation at such locations. The Contracting Officer shall advise the 

461 Contractor in writing within 60 days as to the adequacy, and necessary modifications, if any, of the 

462 measuring devices or water measuring methods identified in the Contractor’s report and if the 

463 Contracting Officer does not respond in such time, they shall be deemed adequate. If the 

464 Contracting Officer notifies the Contractor that the measuring devices or methods are inadequate, 

465 the parties shall within 60 days following the Contracting Officer’s response, negotiate in good faith 

466 the earliest practicable date by which the Contractor shall modify said measuring devices and/or 

467 measuring methods as required by the Contracting Officer to ensure compliance with subdivision 

468 (a) of this Article. 

469 (c) All new surface water delivery systems installed within the Contractor's 

470 Service Area after the effective date of this Contract shall also comply with the measurement 

471 provisions described in subdivision (a) of this Article. 

472 (d) The Contractor shall inform the Contracting Officer and the State of 

473 California in writing by April 30 of each Year of the monthly volume of surface water delivered 

474 within the Contractor’s Service Area during the previous Year. 
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475 (e) The Contractor shall inform the Contracting Officer and the Operating 

476 Non-Federal Entity on or before the 20th calendar day of each month of the quantity of Irrigation 

477 Water and M&I Water taken during the preceding month. 

478 RATES AND METHOD OF PAYMENT FOR WATER

479 7. (a) The Contractor shall pay the United States as provided in this Article for all 

480 Delivered Water at Rates, Charges, and the Tiered Pricing Component established in accordance 

481 with: (i) the Secretary’s ratesetting policy for Irrigation Water adopted in 1988 and the Secretary’s 

482 then-existing ratesetting policy for M&I Water, which ratesetting policies shall be amended, 

483 modified, or superceded only through a public notice and comment procedure; (ii) applicable 

484 Federal Reclamation law and associated rules and regulations, or policies; and (iii) other applicable 

485 provisions of this Contract. Payments shall be made by cash transaction, electronic funds transfer, 

486 or any other mechanism as may be agreed to in writing by the Contractor and the Contracting 

487 Officer. The Rates, Charges, and Tiered Pricing Component applicable to the Contractor upon 

488 execution of this Contract are set forth in Exhibit “B,” as may be revised annually. 

489 (b) The Contracting Officer shall notify the Contractor of the Rates, Charges, and 

490 Tiered Pricing Component as follows: 

491 (1) Prior to July 1 of each Calendar Year, the Contracting Officer shall 

492 provide the Contractor an estimate of the Charges for Project Water that will be applied to the 

493 period October 1, of the current Calendar Year, through September 30, of the following Calendar 

494 Year, and the basis for such estimate. The Contractor shall be allowed not less than two months to 

495 review and comment on such estimates. On or before September 15 of each Calendar Year, the 

496 Contracting Officer shall notify the Contractor in writing of the Charges to be in effect during the 
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497 period October 1 of the current Calendar Year, through September 30, of the following Calendar 

498 Year, and such notification shall revise Exhibit “B.” 

499 (2) Prior to October 1 of each Calendar Year, the Contracting Officer 

500 shall make available to the Contractor an estimate of the Rates and Tiered Pricing Component for 

501 Project Water for the following Year and the computations and cost allocations upon which those 

502 Rates are based. The Contractor shall be allowed not less than two months to review and comment 

503 on such computations and cost allocations. By December 31 of each Calendar Year, the 

504 Contracting Officer shall provide the Contractor with the final Rates and Tiered Pricing Component 

505 to be in effect for the upcoming Year, and such notification shall revise Exhibit “B.” 

506 (c) At the time the Contractor submits the initial schedule for the delivery of 

507 Project Water for each Year pursuant to subdivision (b) of Article 4 of this Contract, the Contractor 

508 shall make an advance payment to the United States equal to the total amount payable pursuant to 

509 the applicable Rate(s) set under subdivision (a) of this Article, for the Project Water scheduled to be 

510 delivered pursuant to this Contract during the first two calendar months of the Year. Before the end 

511 of the first month and before the end of each calendar month thereafter, the Contractor shall make 

512 an advance payment to the United States, at the Rate(s) set under subdivision (a) of this Article, for 

513 the Water Scheduled to be delivered pursuant to this Contract during the second month immediately 

514 following. Adjustments between advance payments for Water Scheduled and payments at Rates 

515 due for Water Delivered shall be made before the end of the following month; Provided, That any 

516 revised schedule submitted by the Contractor pursuant to Article 4 of this Contract which increases 

517 the amount of Water Delivered pursuant to this Contract during any month shall be accompanied 

518 with appropriate advance payment, at the Rates then in effect, to assure that Project Water is not 

519 delivered to the Contractor in advance of such payment. In any month in which the quantity of 
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520 Water Delivered to the Contractor pursuant to this Contract equals the quantity of Water Scheduled 

521 and paid for by the Contractor, no additional Project Water shall be delivered to the Contractor 

522 unless and until an advance payment at the Rates then in effect for such additional Project Water is 

523 made. Final adjustment between the advance payments for the Water Scheduled and payments for 

524 the quantities of Water Delivered during each Year pursuant to this Contract shall be made as soon 

525 as practicable but no later than April 30th of the following Year, or 60 days after the delivery of 

526 Project Water rescheduled under subdivision (g) of Article 3 of this Contract if such water is not 

527 delivered by the last day of February. 

528 (d) The Contractor shall also make a payment in addition to the Rate(s) in 

529 subdivision (c) of this Article to the United States for Water Delivered, at the Charges and the 

530 appropriate Tiered Pricing Component then in effect, before the end of the month following the 

531 month of delivery; Provided, That the Contractor may be granted an exception from the Tiered 

532 Pricing Component pursuant to subdivision (j)(2) of this Article. The payments shall be consistent 

533 with the quantities of Irrigation Water and M&I Water Delivered as shown in the water delivery 

534 report for the subject month prepared by the Operating Non-Federal Entity or, if there is no 

535 Operating Non-Federal Entity, by the Contracting Officer. The water delivery report shall be 

536 deemed a bill for the payment of Charges and the applicable Tiered Pricing Component for Water 

537 Delivered. Adjustment for overpayment or underpayment of Charges shall be made through the 

538 adjustment of payments due to the United States for Charges for the next month. Any amount to be 

539 paid for past due payment of Charges and the Tiered Pricing Component shall be computed 

540 pursuant to Article 20 of this Contract. 

541 (e) The Contractor shall pay for any Water Delivered under subdivision (a), (f), 

542 or (g) of Article 3 of this Contract as determined by the Contracting Officer pursuant to applicable 
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543 statutes, associated regulations, any applicable provisions of guidelines or ratesetting policies; 

544 Provided, That the Rate for Water Delivered under subdivision (d) of Article 3 of this Contract shall 

545 be no more than the otherwise applicable Rate for Irrigation Water or M&I Water under subdivision 

546 (a) of this Article. 

547 (f) Payments to be made by the Contractor to the United States under this 

548 Contract may be paid from any revenues available to the Contractor. 

549 (g) All revenues received by the United States from the Contractor relating to the 

550 delivery of Project Water or the delivery of non-Project water through Project facilities shall be 

551 allocated and applied in accordance with Federal Reclamation law and the associated rules or 

552 regulations, and the then current Project ratesetting policies for M&I Water or Irrigation Water. 

553 (h) The Contracting Officer shall keep its accounts pertaining to the 

554 administration of the financial terms and conditions of its long-term contracts, in accordance with 

555 applicable Federal standards, so as to reflect the application of Project costs and revenues. The 

556 Contracting Officer shall, each Year upon request of the Contractor, provide to the Contractor a 

557 detailed accounting of all Project and Contractor expense allocations, the disposition of all Project 

558 and Contractor revenues, and a summary of all water delivery information. The Contracting Officer 

559 and the Contractor shall enter into good faith negotiations to resolve any discrepancies or disputes 

560 relating to accountings, reports, or information. 

561 (i) The parties acknowledge and agree that the efficient administration of this 

562 Contract is their mutual goal. Recognizing that experience has demonstrated that mechanisms, 

563 policies, and procedures used for establishing Rates, Charges, and Tiered Pricing Component, 

564 and/or for making and allocating payments, other than those set forth in this Article may be in the 

565 mutual best interest of the parties, it is expressly agreed that the parties may enter into agreements to 
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566 modify the mechanisms, policies, and procedures for any of those purposes while this Contract is in 

567 effect without amending this Contract. 

568 (j) (1) Beginning at such time as deliveries of Project Water in a Year 

569 exceed 80 percent of the Contract Total, then before the end of the month following the month of 

570 delivery the Contractor shall make an additional payment to the United States equal to the 

571 applicable Tiered Pricing Component. The Tiered Pricing Component for the amount of Water 

572 Delivered in excess of 80 percent of the Contract Total, but less than or equal to 90 percent of the 

573 Contract Total, shall equal one-half of the difference between the Rate established under 

574 subdivision (a) of this Article and the Irrigation Full Cost Water Rate or M&I Full Cost Water Rate, 

575 whichever is applicable. The Tiered Pricing Component for the amount of Water Delivered which 

576 exceeds 90 percent of the Contract Total shall equal the difference between (i) the Rate established 

577 under subdivision (a) of this Article and (ii) the Irrigation Full Cost Water Rate or M&I Full Cost 

578 Water Rate, whichever is applicable. For all Water Delivered pursuant to subdivision (a) of Article 

579 3 of this Contract which is in excess of 80 percent of the Contract Total, this increment shall be 

580 deemed to be divided between Irrigation Water and M&I Water in the same proportion as actual 

581 deliveries of each bear to the cumulative total Water Delivered.

582 (2) Subject to the Contracting Officer’s written approval, the Contractor 

583 may request and receive an exemption from such Tiered Pricing Component for Project Water 

584 delivered to produce a crop which the Contracting Officer determines will provide significant and 

585 quantifiable habitat values for waterfowl in fields where the water is used and the crops are 

586 produced; Provided, That the exemption from the Tiered Pricing Component for Irrigation Water 

587 shall apply only if such habitat values can be assured consistent with the purposes of the CVPIA 
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588 through binding agreements executed with or approved by the Contracting Officer prior to use of 

589 such water. 

590 (3) For purposes of determining the applicability of the Tiered Pricing 

591 Component pursuant to this Article, Water Delivered shall include Project Water that the Contractor 

592 transfers to others but shall not include Project Water transferred to the Contractor, nor shall it 

593 include the additional water provided to the Contractor under the provisions of subdivision (f) of 

594 Article 3 of this Contract. 

595 (k) For the term of this Contract, Rates applied under the respective ratesetting 

596 policies will be established to recover only reimbursable O&M (including any deficits) and capital 

597 costs of the Project, as those terms are used in the then-current Project ratesetting policies, and 

598 interest, where appropriate, except in instances where a minimum Rate is applicable in accordance 

599 with the relevant Project ratesetting policy. Changes of significance in practices which implement 

600 the Contracting Officer’s ratesetting policies will not be implemented until the Contracting Officer 

601 has provided the Contractor an opportunity to discuss the nature, need, and impact of the proposed 

602 change. 

603 (l) Except as provided in subsections 3405(a)(1)(B) and 3405(f) of the CVPIA, 

604 the Rates for Project Water transferred by the Contractor shall be the Contractor’s Rates, in 

605 accordance with the applicable Project ratesetting policy, adjusted upward or downward to reflect 

606 the changed costs, if any, incurred by the Contracting Officer in the delivery of the transferred 

607 Project Water to the transferee’s point of delivery. If the Contractor is receiving lower Rates and 

608 Charges because of inability to pay and is transferring Project Water to another entity whose Rates 

609 and Charges are not adjusted due to inability to pay, the Rates and Charges for transferred Project 

610 Water shall not be adjusted to reflect the Contractor’s inability to pay. 
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611 (m) Pursuant to the Act of October 27, 1986 (100 Stat. 3050), the Contracting 

612 Officer is authorized to adjust determinations of ability to pay every five years. 

613 (n) With respect to the Rates for M&I Water, the Contractor asserts that it is not 

614 legally obligated to pay any Project deficits claimed by the United States to have accrued as of the 

615 date of this Contract or deficit-related interest charges thereon. By entering into this Contract, the 

616 Contractor does not waive any legal rights or remedies that it may have with respect to such 

617 disputed issues. Notwithstanding the execution of this Contract and payments made hereunder, the 

618 Contractor may challenge in the appropriate administrative or judicial forums; (1) the existence, 

619 computation, or imposition of any deficit charges accruing during the term of the Existing Contract 

620 and any preceding interim renewal contracts, if applicable; (2) interest accruing on any such 

621 deficits; (3) the inclusion of any such deficit charges or interest in the Rates; (4) the application by 

622 the United States of payments made by the Contractor under its Existing Contract and any 

623 preceding interim renewal contracts if applicable; and (5) the application of such payments in the 

624 Rates. The Contracting Officer agrees that the Contractor shall be entitled to the benefit of any 

625 administrative or judicial ruling in favor of any Project M&I contractor on any of these issues, and 

626 credits for payments heretofore made, provided that the basis for such ruling is applicable to the 

627 Contractor. 

628 NON-INTEREST BEARING OPERATION AND MAINTENANCE DEFICITS

629 8. The Contractor and the Contracting Officer concur that, as of the effective date of 

630 this Contract, the Contractor has no non-interest bearing O&M deficits and shall have no further 

631 liability therefore. 
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632 SALES, TRANSFERS, OR EXCHANGES OF WATER

633 9. (a) The right to receive Project Water provided for in this Contract may be sold, 

634 transferred, or exchanged to others for reasonable and beneficial uses within the State of California 

635 if such sale, transfer, or exchange is authorized by applicable Federal and State laws, and applicable 

636 guidelines or regulations then in effect. No sale, transfer, or exchange of Project Water under this 

637 Contract may take place without the prior written approval of the Contracting Officer, except as 

638 provided for in subdivision (b) of this Article, and no such sales, transfers, or exchanges shall be 

639 approved absent all appropriate environmental documentation, including but not limited to, 

640 documents prepared pursuant to the NEPA and ESA. Such environmental documentation should 

641 include, as appropriate, an analysis of groundwater impacts and economic and social effects, 

642 including environmental justice, of the proposed water transfers on both the transferor and 

643 transferee. 

644 (b) In order to facilitate efficient water management by means of water transfers 

645 of the type historically carried out among Project Contractors located within the same geographical 

646 area and to allow the Contractor to participate in an accelerated water transfer program during the 

647 term of this Contract, the Contracting Officer shall prepare, as appropriate, all necessary 

648 environmental documentation, including but not limited to documents prepared pursuant to NEPA 

649 and ESA, analyzing annual transfers within such geographical areas and the Contracting Officer 

650 shall determine whether such transfers comply with applicable law. Following the completion of 

651 the environmental documentation, such transfers addressed in such documentation shall be 

652 conducted with advance notice to the Contracting Officer, but shall not require prior written 

653 approval by the Contracting Officer. Such environmental documentation and the Contracting 

654 Officer’s compliance determination shall be reviewed every five years and updated, as necessary, 
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655 prior to the expiration of the then existing five-year period. All subsequent environmental 

656 documentation shall include an alternative to evaluate not less than the quantity of Project Water 

657 historically transferred within the same geographical area. 

658 (c) For a water transfer to qualify under subdivision (b) of this Article, such 

659 water transfer must: (i) be for irrigation purposes for lands irrigated within the previous three years, 

660 for M&I use, groundwater recharge, groundwater banking, or similar groundwater activities, surface 

661 water storage, or fish and wildlife resources; not lead to land conversion; and be delivered to 

662 established cropland, wildlife refuges, groundwater basins, or M&I use; (ii) occur within a single 

663 Year; (iii) occur between a willing seller and a willing buyer; (iv) convey water through existing 

664 facilities with no new construction or modifications to facilities and be between existing Project 

665 Contractors and/or the Contractor and the United States, Department of the Interior; and (v) comply 

666 with all applicable Federal, State, and local or tribal laws and requirements imposed for protection 

667 of the environment and Indian Trust Assets, as defined under Federal law. 

668 APPLICATION OF PAYMENTS AND ADJUSTMENTS 

669 10. (a) The amount of any overpayment by the Contractor of the Contractor’s O&M, 

670 capital, and deficit (if any) obligations for the Year shall be applied first to any current liabilities of 

671 the Contractor arising out of this Contract then due and payable. Overpayments of more than 

672 $1,000 shall be refunded at the Contractor’s request. In lieu of a refund, any amount of such 

673 overpayment at the option of the Contractor may be credited against amounts to become due to the 

674 United States by the Contractor. With respect to overpayment, such refund or adjustment shall 

675 constitute the sole remedy of the Contractor or anyone having or claiming to have the right to the 

676 use of any of the Project Water supply provided for herein. All credits and refunds of overpayments 

677 shall be made within 30 days of the Contracting Officer obtaining direction as to how to credit or 
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678 refund such overpayment in response to the notice to the Contractor that it has finalized the 

679 accounts for the Year in which the overpayment was made. 

680 (b) All advances for miscellaneous costs incurred for work requested by the 

681 Contractor pursuant to Article 25 of this Contract shall be adjusted to reflect the actual costs when 

682 the work has been completed. If the advances exceed the actual costs incurred, the difference will 

683 be refunded to the Contractor. If the actual costs exceed the Contractor's advances, the Contractor 

684 will be billed for the additional costs pursuant to Article 25. 

685 TEMPORARY REDUCTIONS--RETURN FLOWS

686 11. (a) Subject to: (i) the authorized purposes and priorities of the Project and the 

687 requirements of Federal law and (ii) the obligations of the United States under existing contracts, or 

688 renewals thereof, providing for water deliveries from the Project, the Contracting Officer shall make 

689 all reasonable efforts to optimize Project Water deliveries to the Contractor as provided in this 

690 Contract. 

691 (b) The Contracting Officer or Operating Non-Federal Entity may temporarily 

692 discontinue or reduce the quantity of Water Delivered to the Contractor as herein provided for the 

693 purposes of investigation, inspection, maintenance, repair, or replacement of any of the Project 

694 facilities or any part thereof necessary for the delivery of Project Water to the Contractor, but so far 

695 as feasible the Contracting Officer or Operating Non-Federal Entity will give the Contractor due 

696 notice in advance of such temporary discontinuance or reduction, except in case of emergency, in 

697 which case no notice need be given; Provided, That the United States shall use its best efforts to 

698 avoid any discontinuance or reduction in such service. Upon resumption of service after such 

699 reduction or discontinuance, and if requested by the Contractor, the United States will, if possible, 
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700 deliver the quantity of Project Water which would have been delivered hereunder in the absence of 

701 such discontinuance or reduction. 

702 (c) The United States reserves the right to all seepage and return flow water 

703 derived from Water Delivered to the Contractor hereunder which escapes or is discharged beyond 

704 the Contractor's Service Area; Provided, That this shall not be construed as claiming for the United 

705 States any right to seepage or return flow being put to reasonable and beneficial use pursuant to this 

706 Contract within the Contractor’s Service Area by the Contractor or those claiming by, through, or 

707 under the Contractor. 

708 CONSTRAINTS ON THE AVAILABILITY OF WATER

709 12. (a) In its operation of the Project, the Contracting Officer will use all reasonable 

710 means to guard against a Condition of Shortage in the quantity of water to be made available to the 

711 Contractor pursuant to this Contract. In the event the Contracting Officer determines that a 

712 Condition of Shortage appears probable, the Contracting Officer will notify the Contractor of said 

713 determination as soon as practicable. 

714 (b) If there is a Condition of Shortage because of errors in physical operations of 

715 the Project, drought, other physical causes beyond the control of the Contracting Officer or actions 

716 taken by the Contracting Officer to meet legal obligations then, except as provided in subdivision 

717 (a) of Article 18 of this Contract, no liability shall accrue against the United States or any of its 

718 officers, agents, or employees for any damage, direct or indirect, arising therefrom. 

719 (c) In any Year in which there may occur a Condition of Shortage for any of the 

720 reasons specified in subdivision (b) of this Article, and subject to subdivision (d) of this Article, the 

721 Contracting Officer will first allocate the available Project Water consistent with the Central Valley 

722 Project M&I Water Shortage Policy in its form on the effective date of this Contract for determining 
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723 the amount of Project Water available for delivery to the Project Contractors. Subject to the 

724 foregoing allocation, in any year in which there may occur a Condition of Shortage, the Contracting 

725 Officer shall then apportion Project Water among the Contractor and others entitled to Project 

726 Water from Delta Division Facilities under long-term water service or repayment contracts (or 

727 renewals thereof or binding commitments therefore) in force on February 28, 2005, as follows: 

728 (1) The Contracting Officer shall make an initial and subsequent 

729 determination as necessary of the total quantity of Project Water estimated to be scheduled or 

730 actually scheduled under subdivision (b) of Article 4 of this Contract and under all other long-term 

731 water service or repayment contracts then in force for the delivery of Project Water by the United 

732 States from Delta Division Facilities during the relevant Year, the quantity so determined being 

733 hereinafter referred to as the scheduled total 

734 (2) A determination shall be made of the total quantity of Project Water 

735 that is available for meeting the scheduled total, the quantity so determined being hereinafter 

736 referred to as the available supply; 

737 (3) The total quantity of Project Water estimated to be scheduled or 

738 actually scheduled by the Contractor during the relevant Year, under subdivision (b) of Article 4 

739 hereof, shall be divided by the scheduled total, the quotient thus obtained being hereinafter referred 

740 to as the Contractor’s proportionate share; and 

741 (4) The available supply shall be multiplied by the Contractor’s 

742 proportionate share and the result shall be the quantity of Project Water made available by the 

743 United States to the Contractor for the relevant Year in accordance with the schedule developed by 

744 the Contracting Officer under subdivision (c)(1) of this Article 12, but in no event shall such 

745 amount exceed the Contract Total. In the event the Contracting Officer subsequently determines 
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746 that the Contracting Officer can increase or needs to decrease the available supply for delivery from 

747 Delta Division Facilities to long-term water service and repayment Contractors during the relevant 

748 Year, such additions or reductions to the available supply shall be apportioned consistent with 

749 subparagraphs (1) through (4), inclusive. 

750 (d) By entering into this Contract, the Contractor does not waive any legal rights 

751 or remedies it may have to file or participate in any administrative or judicial proceeding contesting 

752 (i) the sufficiency of the Central Valley Project M&I Water Shortage Policy; (ii) the substance of 

753 such a policy; (iii) the applicability of such a policy; or (iv) the manner in which such policy is 

754 implemented in order to allocate Project Water between municipal and industrial and irrigation 

755 purposes; Provided, that the Contractor has commenced any such judicial challenge or any 

756 administrative procedures necessary to institute any judicial challenge within six months of the 

757 policy becoming final. By agreeing to the foregoing, the Contracting Officer does not waive any 

758 legal defenses or remedies that it may have to assert in such a proceeding. Nothing contained herein 

759 shall be interpreted to validate or invalidate the Central Valley Project M&I Water Shortage Policy. 

760 UNAVOIDABLE GROUNDWATER PERCOLATION

761 13. To the extent applicable, the Contractor shall not be deemed to have delivered 

762 Irrigation Water to Excess Lands or Ineligible Lands within the meaning of this Contract if such 

763 lands are irrigated with groundwater that reaches the underground strata as an unavoidable result of 

764 the delivery of Irrigation Water by the Contractor to Eligible Lands. 

765 RULES AND REGULATIONS

766 14. The parties agree that the delivery of Irrigation Water or use of Federal facilities 

767 pursuant to this Contract is subject to Federal Reclamation law, including but not limited to the 

768 Reclamation Reform Act of 1982 (43 U.S.C.390aa et seq.), as amended and supplemented, and the 

769 rules and regulations promulgated by the Secretary of the Interior under Federal Reclamation law. 
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770 WATER AND AIR POLLUTION CONTROL

771 15. The Contractor, in carrying out this Contract, shall comply with all applicable water 

772 and air pollution laws and regulations of the United States and the State of California, and shall 

773 obtain all required permits or licenses from the appropriate Federal, State, or local authorities. 

 

774 QUALITY OF WATER

775 16. (a) Project facilities used to deliver Project Water to the Contractor pursuant to 

776 this Contract shall be operated and maintained to enable the United States to deliver Project Water 

777 to the Contractor in accordance with the water quality standards specified in subsection 2(b) of the 

778 Act of August 26, 1937 (50 Stat. 865), as added by Section 101 of the Act of October 27, 1986 (100 

779 Stat. 3050) or other existing Federal laws. The United States is under no obligation to construct or 

780 furnish water treatment facilities to maintain or to improve the quality of Water Delivered to the 

781 Contractor pursuant to this Contract. The United States does not warrant the quality of Water 

782 Delivered to the Contractor pursuant to this Contract. 

783 (b) The O&M of Project facilities shall be performed in such manner as is 

784 practicable to maintain the quality of raw water made available through such facilities at the highest 

785 level reasonably attainable as determined by the Contracting Officer. The Contractor shall be 

786 responsible for compliance with all State and Federal water quality standards applicable to surface 

787 and subsurface agricultural drainage discharges generated through the use of Federal or Contractor 

788 facilities or Project Water provided by the Contractor within the Contractor's Service Area. 

789 (c) Omitted. 

790 WATER ACQUIRED BY THE CONTRACTOR

791 OTHER THAN FROM THE UNITED STATES

792 17. (a) Water or water rights now owned or hereafter acquired by the Contractor 

793 other than from the United States and Irrigation Water furnished pursuant to the terms of this 

794 Contract may be simultaneously transported through the same distribution facilities of the 
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795 Contractor subject to the following: (i) if the facilities utilized for commingling Irrigation Water 

796 and non-Project water were constructed without funds made available pursuant to Federal 

797 Reclamation law, the provisions of Federal Reclamation law will be applicable only to the 

798 Landholders of lands which receive Irrigation Water; (ii) the eligibility of land to receive Irrigation 

799 Water must be established through the certification requirements as specified in the Acreage 

800 Limitation Rules and Regulations (43 CFR Part 426); (iii) the water requirements of Eligible Lands 

801 within the Contractor's Service Area can be established and the quantity of Irrigation Water to be 

802 utilized is less than or equal to the quantity necessary to irrigate such Eligible Lands; and (iv) if the 

803 facilities utilized for commingling Irrigation Water and non-Project water are/were constructed with 

804 funds made available pursuant to Federal Reclamation law, the non-Project water will be subject to 

805 the acreage limitation provisions of Federal Reclamation law, unless the Contractor pays to the 

806 United States the incremental fee described in 43 CFR 426.15. In determining the incremental fee, 

807 the Contracting Officer will calculate annually the cost to the Federal Government, including 

808 interest of storing or delivering non-Project water, which for purposes of this Contract shall be 

809 determined as follows: The quotient shall be the unpaid distribution system costs divided by the 

810 total irrigable acreage within the Contractor’s Service Area. The incremental fee per acre is the 

811 mathematical result of such quotient times the interest rate determined using Section 202 (3) of the 

812 Act of October 12, 1982 (96 Stat. 1263). Such incremental fee will be charged to each acre of 

813 excess or full cost land within the Contractor’s Service Area that receives non-Project water through 

814 Federally financed or constructed facilities. The incremental fee calculation methodology will 

815 continue during the term of this Contract absent the promulgation of a contrary Reclamation-wide 

816 rule, regulation, or policy adopted after the Contractor has been afforded the opportunity to review 
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817 and comment on the proposed rule, regulation, or policy. If such rule, regulation, or policy is 

818 adopted it shall supercede this provision. 

819 (b) Water or water rights now owned or hereafter acquired by the Contractor, 

820 other than from the United States may be stored, conveyed, and/or diverted through Project 

821 facilities, subject to the completion of appropriate environmental documentation, with the approval 

822 of the Contracting Officer and the execution of any contract determined by the Contracting Officer 

823 to be necessary, consistent with the following provisions: 

824 (1) The Contractor may introduce non-Project water into Project facilities 

825 and deliver said water to lands within the Contractor’s Service Area, including Ineligible Lands, 

826 subject to payment to the United States and/or to any applicable Operating Non-Federal Entity of an 

827 appropriate rate as determined by the applicable Project ratesetting policy, the RRA, and the Project 

828 use power policy, if such Project use power policy is applicable, each as amended, modified or 

829 superceded from time to time. 

830 (2) Delivery of such non-Project water in and through Project facilities 

831 shall only be allowed to the extent such deliveries do not: (i) interfere with other Project purposes 

832 as determined by the Contracting Officer; (ii) reduce the quantity or quality of water available to 

833 other Project Contractors; (iii) interfere with the delivery of contractual water entitlements to any 

834 other Project Contractors; or (iv) interfere with the physical maintenance of the Project facilities. 

835 (3) Neither the United States nor the Operating Non-Federal Entity shall 

836 be responsible for control, care, or distribution of the non-Project water before it is introduced into 

837 or after it is delivered from the Project facilities. The Contractor hereby releases and agrees to 

838 defend and indemnify the United States and the Operating Non-Federal Entity, and their respective 

839 officers, agents, and employees, from any claim for damage to persons or property, direct or 
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840 indirect, resulting from the act(s) of the Contractor, its officers, employees, agents, or assigns, in (i) 

841 extracting or diverting non-Project water from any source, or (ii) diverting such non-Project water 

842 into Project facilities. 

843 (4) Diversion of such non-Project water into Project facilities shall be 

844 consistent with all applicable laws, and if involving groundwater, consistent with any applicable 

845 groundwater management plan for the area from which it was extracted. 

846 (5) After Project purposes are met, as determined by the Contracting 

847 Officer, the United States and Project Contractors entitled to Project Water from Delta Division 

848 Facilities shall share priority to utilize the remaining capacity of the facilities declared to be 

849 available by the Contracting Officer for conveyance and transportation of non-Project water prior to 

850 any such remaining capacity being made available to non-Project contractors. Other Project 

851 Contractors shall have a second priority to any remaining capacity of facilities declared to be 

852 available by the Contracting Officer for conveyance and transportation of non-Project water prior to 

853 any such remaining capacity being made available to non-Project contractors. 

854 OPINIONS AND DETERMINATIONS

855 18. (a) Where the terms of this Contract provide for actions to be based upon the 

856 opinion or determination of either party to this Contract, said terms shall not be construed as 

857 permitting such action to be predicated upon arbitrary, capricious, or unreasonable opinions or 

858 determinations. Both parties, notwithstanding any other provisions of this Contract, expressly 

859 reserve the right to seek relief from and appropriate adjustment for any such arbitrary, capricious, or 

860 unreasonable opinion or determination. Each opinion or determination by either party shall be 

861 provided in a timely manner. Nothing in this subdivision (a) of this Article is intended to or shall 
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862 affect or alter the standard of judicial review applicable under Federal law to any opinion or 

863 determination implementing a specific provision of Federal law embodied in statute or regulation.

864 (b) The Contracting Officer shall have the right to make determinations 

865 necessary to administer this Contract that are consistent with the provisions of this Contract, the 

866 laws of the United States and of the State of California, and the rules and regulations promulgated 

867 by the Secretary of the Interior. Such determinations shall be made in consultation with the 

868 Contractor to the extent reasonably practicable. 

869 COORDINATION AND COOPERATION

870 19. (a) In order to further their mutual goals and objectives, the Contracting Officer 

871 and the Contractor shall communicate, coordinate, and cooperate with each other, and with other 

872 affected Project Contractors, in order to improve the operation and management of the Project. The 

873 communication, coordination, and cooperation regarding operations and management shall include, 

874 but not be limited to, any action which will or may materially affect the quantity or quality of 

875 Project Water supply, the allocation of Project Water supply, and Project financial matters 

876 including, but not limited to, budget issues. The communication, coordination, and cooperation 

877 provided for hereunder shall extend to all provisions of this Contract. Each party shall retain 

878 exclusive decision making authority for all actions, opinions, and determinations to be made by the 

879 respective party. 

880 (b) Within 120 days following the effective date of this Contract, the Contractor, 

881 other affected Project Contractors, and the Contracting Officer shall arrange to meet with interested 

882 Project Contractors to develop a mutually agreeable, written Project-wide process, which may be 

883 amended as necessary separate and apart from this Contract. The goal of this process shall be to 
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884 provide, to the extent practicable, the means of mutual communication and interaction regarding 

885 significant decisions concerning Project operation and management on a real-time basis. 

886 (c) In light of the factors referred to in subdivision (b) of Article 3 of this 

887 Contract, it is the intent of the Secretary to improve water supply reliability. To carry out this 

888 intent: 

889 (1) The Contracting Officer will, at the request of the Contractor, assist in 

890 the development of integrated resource management plans for the Contractor. Further, the 

891 Contracting Officer will, as appropriate, seek authorizations for implementation of partnerships to 

892 improve water supply, water quality, and reliability. 

893 (2) The Secretary will, as appropriate, pursue program and project 

894 implementation and authorization in coordination with Project Contractors to improve the water 

895 supply, water quality, and reliability of the Project for all Project purposes. 

896 (3) The Secretary will coordinate with Project Contractors and the State 

897 of California to seek improved water resource management. 

898 (4) The Secretary will coordinate actions of agencies within the 

899 Department of the Interior that may impact the availability of water for Project purposes. 

900 (5) The Contracting Officer shall periodically, but not less than annually, 

901 hold division level meetings to discuss Project operations, division level water management 

902 activities, and other issues as appropriate. 

903 (d) Without limiting the contractual obligations of the Contracting Officer under 

904 the other Articles of this Contract, nothing in this Article shall be construed to limit or constrain the 

905 Contracting Officer’s ability to communicate, coordinate, and cooperate with the Contractor or 
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906 other interested stakeholders or to make decisions in a timely fashion as needed to protect health, 

907 safety or the physical integrity of structures or facilities. 

908 CHARGES FOR DELINQUENT PAYMENTS

909 20. (a) The Contractor shall be subject to interest, administrative and penalty charges 

910 on delinquent installments or payments. When a payment is not received by the due date, the 

911 Contractor shall pay an interest charge for each day the payment is delinquent beyond the due date. 

912 When a payment becomes sixty (60) days delinquent, the Contractor shall pay an administrative 

913 charge to cover additional costs of billing and processing the delinquent payment. When a payment 

914 is delinquent ninety (90) days or more, the Contractor shall pay an additional penalty charge of six 

915 (6%) percent per year for each day the payment is delinquent beyond the due date. Further, the 

916 Contractor shall pay any fees incurred for debt collection services associated with a delinquent 

917 payment. 

918 (b) The interest charge rate shall be the greater of the rate prescribed quarterly in 

919 the Federal Register by the Department of the Treasury for application to overdue payments, or the 

920 interest rate of one-half of one (0.5%) percent per month prescribed by Section 6 of the Reclamation 

921 Project Act of 1939 (Public Law 76-260). The interest charge rate shall be determined as of the due 

922 date and remain fixed for the duration of the delinquent period. 

923 (c) When a partial payment on a delinquent account is received, the amount 

924 received shall be applied, first to the penalty, second to the administrative charges, third to the 

925 accrued interest, and finally to the overdue payment. 

926 EQUAL OPPORTUNITY

927 21. During the performance of this Contract, the Contractor agrees as follows: 

928 (a) The Contractor will not discriminate against any employee or applicant for 

929 employment because of race, color, religion, sex, or national origin. The Contractor will take 

930 affirmative action to ensure that applicants are employed, and that employees are treated during 

931 employment, without regard to their race, color, religion, sex, or national origin. Such action shall 

932 include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; 

933 recruitment or recruitment advertising; layoff or termination, rates of payment or other forms of 

934 compensation; and selection for training, including apprenticeship. The Contractor agrees to post in 

935 conspicuous places, available to employees and applicants for employment, notices to be provided 

936 by the Contracting Officer setting forth the provisions of this nondiscrimination clause. 

937 (b) The Contractor will, in all solicitations or advertisements for employees 

938 placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration 

939 for employment without discrimination because of race, color, religion, sex, or national origin. 

940 (c) The Contractor will send to each labor union or representative of workers 

941 with which it has a collective bargaining agreement or other contract or understanding, a notice, to 
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942 be provided by the Contracting Officer, advising the said labor union or workers' representative of 

943 the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, 

944 and shall post copies of the notice in conspicuous places available to employees and applicants for 

945 employment. 

946 (d) The Contractor will comply with all provisions of Executive Order 

947 No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of 

948 the Secretary of Labor. 

949 (e) The Contractor will furnish all information and reports required by said 

950 amended Executive Order and by the rules, regulations, and orders of the Secretary of Labor, or 

951 pursuant thereto, and will permit access to its books, records, and accounts by the Contracting 

952 Officer and the Secretary of Labor for purposes of investigation to ascertain compliance with such 

953 rules, regulations, and orders. 

954 (f) In the event of the Contractor's noncompliance with the nondiscrimination 

955 clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be 

956 canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared 

957 ineligible for further Government contracts in accordance with procedures authorized in said 

958 amended Executive Order, and such other sanctions may be imposed and remedies invoked as 

959 provided in said Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as 

960 otherwise provided by law. 

961 (g) The Contractor will include the provisions of paragraphs (a) through (g) in 

962 every subcontract or purchase order unless exempted by the rules, regulations, or orders of the 

963 Secretary of Labor issued pursuant to Section 204 of said amended Executive Order, so that such 

964 provisions will be binding upon each subcontractor or vendor. The Contractor will take such action 

965 with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a 

966 means of enforcing such provisions, including sanctions for noncompliance: Provided, however, 

967 That in the event the Contractor becomes involved in, or is threatened with, litigation with a 

968 subcontractor or vendor as a result of such direction, the Contractor may request the United States 

969 to enter into such litigation to protect the interests of the United States. 

970 GENERAL OBLIGATION--BENEFITS CONDITIONED UPON PAYMENT

971 22. (a) The obligation of the Contractor to pay the United States as provided in this 

972 Contract is a general obligation of the Contractor notwithstanding the manner in which the 

973 obligation may be distributed among the Contractor's water users and notwithstanding the default of 

974 individual water users in their obligations to the Contractor. 

975 (b) The payment of charges becoming due hereunder is a condition precedent to 

976 receiving benefits under this Contract. The United States shall not make water available to the 

977 Contractor through Project facilities during any period in which the Contractor may be in arrears in 

978 the advance payment of water rates due the United States. The Contractor shall not furnish water 

979 made available pursuant to this Contract for lands or parties which are in arrears in the advance 

980 payment of water rates levied or established by the Contractor. 
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981 (c) With respect to subdivision (b) of this Article, the Contractor shall have no 

982 obligation to require advance payment for water rates which it levies. 

983 COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS

984 23. (a) The Contractor shall comply with Title VI of the Civil Rights Act of 1964 

985 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1975 (P.L. 93-112, as amended), the 

986 Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.) and any other applicable civil rights laws, 

987 as well as with their respective implementing regulations and guidelines imposed by the U.S. 

988 Department of the Interior and/or Bureau of Reclamation. 

989 (b) These statutes require that no person in the United States shall, on the 

990 grounds of race, color, national origin, handicap, or age, be excluded from participation in, be 

991 denied the benefits of, or be otherwise subjected to discrimination under any program or activity 

992 receiving financial assistance from the Bureau of Reclamation. By executing this Contract, the 

993 Contractor agrees to immediately take any measures necessary to implement this obligation, 

994 including permitting officials of the United States to inspect premises, programs, and documents. 

995 (c) The Contractor makes this agreement in consideration of and for the purpose 

996 of obtaining any and all Federal grants, loans, contracts, property discounts, or other Federal 

997 financial assistance extended after the date hereof to the Contractor by the Bureau of Reclamation, 

998 including installment payments after such date on account of arrangements for Federal financial 

999 assistance which were approved before such date. The Contractor recognizes and agrees that such 

1000 Federal assistance will be extended in reliance on the representations and agreements made in this 

1001 Article, and that the United States reserves the right to seek judicial enforcement thereof. 

1002 PRIVACY ACT COMPLIANCE

1003 24. (a) The Contractor shall comply with the Privacy Act of 1974 (5 U.S.C. 552a) 

1004 (the Act) and the Department of the Interior rules and regulations under the Act (43 CFR 2.45 et 

1005 seq.) in maintaining Landholder acreage certification and reporting records, required to be 

1006 submitted to the Contractor for compliance with Sections 206 and 228 of the Reclamation Reform 

1007 Act of 1982 (96 Stat. 1266), and pursuant to 43 CFR 426.18. 

1008 (b) With respect to the application and administration of the criminal penalty 

1009 provisions of the Act (5 U.S.C. 552a(i)), the Contractor and the Contractor's employees responsible 

1010 for maintaining the certification and reporting records referenced in (a) above are considered to be 

1011 employees of the Department of the Interior. See 5 U.S.C. 552a(m). 

1012 (c) The Contracting Officer or a designated representative shall provide the 

1013 Contractor with current copies of the Interior Department Privacy Act regulations and the Bureau of 

1014 Reclamation Federal Register Privacy Act System of Records Notice (Acreage Limitation--Interior, 

1015 Reclamation-31) which govern the maintenance, safeguarding, and disclosure of information 

1016 contained in the Landholder's certification and reporting records. 
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1017 (d) The Contracting Officer shall designate a full-time employee of the Bureau of 

1018 Reclamation to be the System Manager who shall be responsible for making decisions on denials 

1019 pursuant to 43 CFR 2.61 and 2.64 amendment requests pursuant to 43 CFR 2.72. The Contractor is 

1020 authorized to grant requests by individuals for access to their own records. 

1021 (e) The Contractor shall forward promptly to the System Manager each proposed 

1022 denial of access under 43 CFR 2.64; and each request for amendment of records filed under 43 CFR 

1023 2.71; notify the requester accordingly of such referral; and provide the System Manager with 

1024 information and records necessary to prepare an appropriate response to the requester. These 

1025 requirements do not apply to individuals seeking access to their own certification and reporting 

1026 forms filed with the Contractor pursuant to 43 CFR 426.18, unless the requester elects to cite the 

1027 Privacy Act as a basis for the request. 

1028 CONTRACTOR TO PAY CERTAIN MISCELLANEOUS COSTS

1029 25. In addition to all other payments to be made by the Contractor pursuant to this 

1030 Contract, the Contractor shall pay to the United States, within 60 days after receipt of a bill and 

1031 detailed statement submitted by the Contracting Officer to the Contractor for such specific items of 

1032 direct cost incurred by the United States for work requested by the Contractor associated with this 

1033 Contract plus indirect costs in accordance with applicable Bureau of Reclamation policies and 

1034 procedures. All such amounts referred to in this Article shall not exceed the amount agreed to in 

1035 writing in advance by the Contractor. This Article shall not apply to costs for routine contract 

1036 administration. 

1037 WATER CONSERVATION

1038 26. (a) Prior to the delivery of water provided from or conveyed through Federally 

1039 constructed or Federally financed facilities pursuant to this Contract, the Contractor shall be 

1040 implementing an effective water conservation and efficiency program based on the Contractor's 

1041 water conservation plan that has been determined by the Contracting Officer to meet the 

1042 conservation and efficiency criteria for evaluating water conservation plans established under 

1043 Federal law. The water conservation and efficiency program shall contain definite water 

1044 conservation objectives, appropriate economically feasible water conservation measures, and time 
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1045 schedules for meeting those objectives. Continued Project Water delivery pursuant to this Contract 

1046 shall be contingent upon the Contractor’s continued implementation of such water conservation 

1047 program. In the event the Contractor's water conservation plan or any revised water conservation 

1048 plan completed pursuant to subdivision (d) of Article 26 of this Contract have not yet been 

1049 determined by the Contracting Officer to meet such criteria, due to circumstances which the 

1050 Contracting Officer determines are beyond the control of the Contractor, water deliveries shall be 

1051 made under this Contract so long as the Contractor diligently works with the Contracting Officer to 

1052 obtain such determination at the earliest practicable date, and thereafter the Contractor immediately 

1053 begins implementing its water conservation and efficiency program in accordance with the time 

1054 schedules therein. 

1055 (b) Should the amount of M&I Water delivered pursuant to subdivision (a) of 

1056 Article 3 of this Contract equal or exceed 2,000 acre-feet per Year, the Contractor shall implement 

1057 the Best Management Practices identified by the time frames issued by the California Urban Water 

1058 Conservation Council for such M&I Water unless any such practice is determined by the 

1059 Contracting Officer to be inappropriate for the Contractor. 

1060 (c) The Contractor shall submit to the Contracting Officer a report on the status 

1061 of its implementation of the water conservation plan on the reporting dates specified in the then 

1062 existing conservation and efficiency criteria established under Federal law. 

1063 (d) At five-year intervals, the Contractor shall revise its water conservation plan 

1064 to reflect the then current conservation and efficiency criteria for evaluating water conservation 

1065 plans established under Federal law and submit such revised water management plan to the 

1066 Contracting Officer for review and evaluation. The Contracting Officer will then determine if the 
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1067 water conservation plan meets Reclamation’s then current conservation and efficiency criteria for 

1068 evaluating water conservation plans established under Federal law. 

1069 (e) If the Contractor is engaged in direct groundwater recharge, such activity 

1070 shall be described in the Contractor’s water conservation plan. 

1071 EXISTING OR ACQUIRED WATER OR WATER RIGHTS

1072 27. Except as specifically provided in Article 17 of this Contract, the provisions of this 

1073 Contract shall not be applicable to or affect non-Project water or water rights now owned or 

1074 hereafter acquired by the Contractor or any user of such water within the Contractor's Service Area. 

1075 Any such water shall not be considered Project Water under this Contract. In addition, this Contract 

1076 shall not be construed as limiting or curtailing any rights which the Contractor or any water user 

1077 within the Contractor's Service Area acquires or has available under any other contract pursuant to 

1078 Federal Reclamation law. 

1079 OPERATION AND MAINTENANCE BY OPERATING NON-FEDERAL ENTITY

1080 28. (a) The O&M of a portion of the Project facilities which serve the Contractor, 

1081 and responsibility for funding a portion of the costs of such O&M, have been transferred to the San 

1082 Luis & Delta-Mendota Water Authority, an Operating Non-Federal Entity by separate agreement 

1083 (8-07-20-X0354) between the United States and the Operating Non-Federal Entity San Luis & 

1084 Delta-Mendota Water Authority. That separate agreement shall not interfere with or affect the 

1085 rights or obligations of the Contractor or the United States hereunder. 

1086 (b) The Contracting Officer has previously notified the Contractor in writing that 

1087 the O&M of a portion of the Project facilities which serve the Contractor has been transferred to the 

1088 Operating Non-Federal Entity San Luis & Delta-Mendota Water Authority, and therefore, the 

1089 Contractor shall pay directly to the Operating Non-Federal Entity San Luis & Delta-Mendota Water 
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1090 Authority, or to any successor approved by the Contracting Officer under the terms and conditions 

1091 of the separate agreement between the United States and the Operating Non-Federal Entity San Luis 

1092 & Delta-Mendota Water Authority described in subdivision (a) of this Article, all rates, charges, or 

1093 assessments of any kind, including any assessment for reserve funds, which the Operating Non1094 Federal Entity San Luis & Delta-Mendota Water Authority or such successor determines, sets, or 

1095 establishes for the O&M of the portion of the Project facilities operated and maintained by the 

1096 Operating Non-Federal Entity San Luis & Delta-Mendota Water Authority or such successor. Such 

1097 direct payments to the Operating Non-Federal Entity San Luis & Delta-Mendota Water Authority or 

1098 such successor shall not relieve the Contractor of its obligation to pay directly to the United States 

1099 the Contractor’s share of the Project Rates, Charges, and Tiered Pricing Component except to the 

1100 extent the Operating Non-Federal Entity San Luis & Delta-Mendota Water Authority collects 

1101 payments on behalf of the United States in accordance with the separate agreement identified in 

1102 subdivision (a) of this Article. 

1103 (c) For so long as the O&M of any portion of the Project facilities serving the 

1104 Contractor is performed by the Operating Non-Federal Entity San Luis & Delta-Mendota Water 

1105 Authority, or any successor thereto, the Contracting Officer shall adjust those components of the 

1106 Rates for Water Delivered under this Contract representing the cost associated with the activity 

1107 being performed by the Operating Non-Federal Entity San Luis & Delta-Mendota Water Authority

1108 or its successor. 

1109 (d) In the event the O&M of the Project facilities operated and maintained by the 

1110 Operating Non-Federal Entity San Luis & Delta-Mendota Water Authority is re-assumed by the 

1111 United States during the term of this Contract, the Contracting Officer shall so notify the 

1112 Contractor, in writing, and present to the Contractor a revised Exhibit “B” which shall include the 
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1113 portion of the Rates to be paid by the Contractor for Project Water under this Contract representing 

1114 the O&M costs of the portion of such Project facilities which have been re-assumed. The 

1115 Contractor shall, thereafter, in the absence of written notification from the Contracting Officer to the 

1116 contrary, pay the Rates, Charges, and Tiered Pricing Component specified in the revised Exhibit 

1117 “B” directly to the United States in compliance with Article 7 of this Contract. 

1118 CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS

1119 29. The expenditure or advance of any money or the performance of any obligation of 

1120 the United States under this Contract shall be contingent upon appropriation or allotment of funds. 

1121 Absence of appropriation or allotment of funds shall not relieve the Contractor from any obligations 

1122 under this Contract. No liability shall accrue to the United States in case funds are not appropriated 

1123 or allotted. 

1124 BOOKS, RECORDS, AND REPORTS

1125 30. (a) The Contractor shall establish and maintain accounts and other books and 

1126 records pertaining to administration of the terms and conditions of this Contract, including: the 

1127 Contractor's financial transactions, water supply data, and Project land and right-of-way 

1128 agreements; the water users' land-use (crop census), land ownership, land-leasing and water use 

1129 data; and other matters that the Contracting Officer may require. Reports thereon shall be furnished 

1130 to the Contracting Officer in such form and on such date or dates as the Contracting Officer may 

1131 require. Subject to applicable Federal laws and regulations, each party to this Contract shall have 

1132 the right during office hours to examine and make copies of the other party's books and records 

1133 relating to matters covered by this Contract. 

1134 (b) Notwithstanding the provisions of subdivision (a) of this Article, no books, 

1135 records, or other information shall be requested from the Contractor by the Contracting Officer 

1136 unless such books, records, or information are reasonably related to the administration or 

1137 performance of this Contract. Any such request shall allow the Contractor a reasonable period of 

1138 time within which to provide the requested books, records, or information. 

1139 (c) At such time as the Contractor provides information to the Contracting 

1140 Officer pursuant to subdivision (a) of this Article, a copy of such information shall be provided to 

1141 the Operating Non-Federal Entity. 
Contract No. 14-06-200-4305A-LTR1 

49

1142 ASSIGNMENT LIMITED--SUCCESSORS AND ASSIGNS OBLIGATED

1143 31. (a) The provisions of this Contract shall apply to and bind the successors and 

1144 assigns of the parties hereto, but no assignment or transfer of this Contract or any right or interest 

1145 therein shall be valid until approved in writing by the Contracting Officer. 

1146 (b) The assignment of any right or interest in this Contract by either party shall 

1147 not interfere with the rights or obligations of the other party to this Contract absent the written 

1148 concurrence of said other party. 

1149 (c) The Contracting Officer shall not unreasonably condition or withhold 

1150 approval of any proposed assignment. 

1151 SEVERABILITY

1152 32. In the event that a person or entity who is neither (i) a party to a Project contract, nor 

1153 (ii) a person or entity that receives Project Water from a party to a Project contract, nor (iii) an 

1154 association or other form of organization whose primary function is to represent parties to Project 

1155 contracts, brings an action in a court of competent jurisdiction challenging the legality or 

1156 enforceability of a provision included in this Contract and said person, entity, association, or 

1157 organization obtains a final court decision holding that such provision is legally invalid or 

1158 unenforceable and the Contractor has not intervened in that lawsuit in support of the plaintiff(s), the 

1159 parties to this Contract shall use their best efforts to (i) within 30 days of the date of such final court 

1160 decision identify by mutual agreement the provisions in this Contract which must be revised and (ii) 

1161 within three months thereafter promptly agree on the appropriate revision(s). The time periods 

1162 specified above may be extended by mutual agreement of the parties. Pending the completion of 

1163 the actions designated above, to the extent it can do so without violating any applicable provisions 

1164 of law, the United States shall continue to make the quantities of Project Water specified in this 
Contract No. 14-06-200-4305A-LTR1 

50

1165 Contract available to the Contractor pursuant to the provisions of this Contract which were not 

1166 found to be legally invalid or unenforceable in the final court decision. 

1167 RESOLUTION OF DISPUTES

1168 33. Should any dispute arise concerning any provisions of this Contract, or the parties’ 

1169 rights and obligations thereunder, the parties shall meet and confer in an attempt to resolve the 

1170 dispute. Prior to the Contractor commencing any legal action, or the Contracting Officer referring 

1171 any matter to the Department of Justice, the party shall provide to the other party 30 days’ written 

1172 notice of the intent to take such action; Provided, That such notice shall not be required where a 

1173 delay in commencing an action would prejudice the interests of the party that intends to file suit. 

1174 During the 30-day notice period, the Contractor and the Contracting Officer shall meet and confer in 

1175 an attempt to resolve the dispute. Except as specifically provided, nothing herein is intended to 

1176 waive or abridge any right or remedy that the Contractor or the United States may have. 

1177 OFFICIALS NOT TO BENEFIT

1178 34. No Member of or Delegate to Congress, Resident Commissioner, or official of the 

1179 Contractor shall benefit from this Contract other than as a water user or landowner in the same 

1180 manner as other water users or landowners. 

1181 CHANGES IN CONTRACTOR’S SERVICE AREA

1182 35. (a) While this Contract is in effect, no change may be made in the Contractor's 

1183 Service Area, by inclusion or exclusion of lands, dissolution, consolidation, merger, or otherwise, 

1184 except upon the Contracting Officer's written consent. 

1185 (b) Within 30 days of receipt of a request for such a change, the Contracting 

1186 Officer will notify the Contractor of any additional information required by the Contracting Officer 

1187 for processing said request, and both parties will meet to establish a mutually agreeable schedule for 

1188 timely completion of the process. Such process will analyze whether the proposed change is likely 

1189 to: (i) result in the use of Project Water contrary to the terms of this Contract; (ii) impair the ability 
Contract No. 14-06-200-4305A-LTR1 

51

1190 of the Contractor to pay for Project Water furnished under this Contract or to pay for any 

1191 Federally-constructed facilities for which the Contractor is responsible; and (iii) have an impact on 

1192 any Project Water rights applications, permits, or licenses. In addition, the Contracting Officer shall 

1193 comply with the NEPA and the ESA. The Contractor will be responsible for all costs incurred by 

1194 the Contracting Officer in this process, and such costs will be paid in accordance with Article 25 of 

1195 this Contract.

1196 FEDERAL LAWS

1197 36. By entering into this Contract, the Contractor does not waive its rights to contest the 

1198 validity or application in connection with the performance of the terms and conditions of this 

1199 Contract of any Federal law or regulation; Provided, That the Contractor agrees to comply with the 

1200 terms and conditions of this Contract unless and until relief from application of such Federal law or 

1201 regulation to the implementing provision of the Contract is granted by a court of competent 

1202 jurisdiction. 

1203 NOTICES

1204 37. Any notice, demand, or request authorized or required by this Contract shall be 

1205 deemed to have been given, on behalf of the Contractor, when mailed, postage prepaid, or delivered 

1206 to the Area Manager, South-Central California Area Office, 1243 N Street, Fresno, California 

1207 93721, and on behalf of the United States, when mailed, postage prepaid, or delivered to the Board 

1208 of Directors of the Banta-Carbona Irrigation District, 3514 West Lehman Road, Tracy, California 

1209 95304 or P. O. Box 299, Tracy, California 95378-0299. The designation of the addressee or the 

1210 address may be changed by notice given in the same manner as provided in this Article for other 

1211 notices. 

1212 CONFIRMATION OF CONTRACT

1213 38. The Contractor, after the execution of this Contract, shall promptly seek to secure a 

1214 decree of a court of competent jurisdiction of the State of California, confirming the execution of 

1215 this Contract. The Contractor shall furnish the United States a certified copy of the final decree, the 

1216 validation proceedings, and all pertinent supporting records of the court approving and confirming 

1217 this Contract, and decreeing and adjudging it to be lawful, valid, and binding on the Contractor. 
Contract No. 14-06-200-4305A-LTR1 

52

1218 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and 

1219 year first above written. 

1220 THE UNITED STATES OF AMERICA 

1221 By: ________________________________________ 

1222 Regional Director, Mid-Pacific Region 

1223 Bureau of Reclamation 

1224 (SEAL) 

1225 

1226 BANTA-CARBONA IRRIGATION DISTRICT 

1227 By: ________________________________________ 

1228 President of the Board of Directors 

1229 Attest: 

1230 By: _______________________________ 

1231 Secretary of the Board of Directors 

1232 (H:\PUB 440\ltrc\Final Draft LTRC’s – Fresno, Tracy\09-24-04 BantaCarbona ID Final Draft 

1233 LTRC with exhibits.doc)
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DELTA-MENDOTA CANAL

CALIFORNIA AQUEDUCT

HETCH-HETCHY AQUEDUCT

BANTA CARBONA LIFT CANAL

TRACY

Banta Carbona I.D. Contract No. 14-06-200-4305A-LTR1

EXHIBIT A

Contractor's Service Area

District Boundary

0 0.5 1 2

Miles "

214-208-12681

Note: The Public Land Survey depicted here

was digitized from USGS topographic maps.

Date: October 1, 2004

File Name: N:\districts\contracts\banta_carbona\banta_carbona.mxd
Contract No. 14-06-200-4305A-LTR1 

EXHIBIT B

BANTA-CARBONA IRRIGATION DISTIRCT

Water Rates and Charges

Note: Rates and Charges are 2004 rates. This exhibit will be updated prior to execution of the 

 contract to reflect the current Rates and Charges. 

2004 Rates per Acre-Foot Irrigation M&I COST-OF-SERVICE RATES: Water Water 1/ 

Capital Rates $ 9.03 

O&M Rates: 

Water Marketing 7.59 

Storage 5.83 

Conveyance 

Conveyance Pumping 

Deficit Rates: 

 Non-Interest Bearing 

 Interest Bearing 

CFO/PFR Adj. Rate 2/ 1.36 

TOTAL COST-OF-SERVICE-RATES $23.81 1/

FULL-COST RATES

Section 202(3) Rate is applicable to a 

 Qualified Recipient or to a Limited 

 Recipient receiving irrigation water 

 on or before October 1, 1981. $37.16 

Section 205(a)(3) Rate is 

 applicable to a Limited Recipient that 

 did not receive irrigation water on or before October 1, 1981. $44.31 

CHARGES UNDER P.L. 102-575 TO RESTORATION FUND 3/ 

 Restoration Payments (3407(d)(2)(A)) $ 7.82 $15.64 

1/ To be provided as needed. Contractor does not currently receive M&I water and is not 

projected to take any in the near future. 

2/ Rate represents Chief Financial Officers (CFO) adjustment and Provision for Replacement 

(PFR) credit for option 2 cost deferment to be distributed over 5-year period beginning with 2003 

water rates. 

 

3/ Restoration fund charges are payments in addition to the water rates and were determined 

pursuant to Title XXXIV of Public Law 102-575. Restoration fund charges are on a fiscal year basis 

(10/1-9/30).