Irrigation and M&I

Contract No. 14-06-200-495A-IR3

1 UNITED STATES

2 DEPARTMENT OF THE INTERIOR

3 BUREAU OF RECLAMATION

4 Central Valley Project, California

5 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES

6 AND

7 WESTLANDS WATER DISTRICT

8 PROVIDING FOR PROJECT WATER SERVICE

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

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

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

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

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

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

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

16 AMERICA, hereinafter referred to as the United States, and WESTLANDS WATER 

17 DISTRICT, hereinafter referred to as the Contractor, a public agency of the State of California, 

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

19 WITNESSETH, That:

20 EXPLANATORY RECITALS

21 WHEREAS, the United States and the Contractor entered into interim renewal Contract

22 (long-form interim renewal contract) No. 14-06-200-495A-IR1 which provided for the continued 

23 water service after Contract No. 14-06-200-495A (which addressed the “Contract Between the

24 United States and Westlands Water District Providing for Water Service”, dated June 5, 1963, 
Irrigation and M&I

Contract No. 14-06-200-495A-IR3

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25 and the Stipulated Judgment in the lawsuit entitled Barcellos and Wolfsen, Inc., v. Westlands 

26 Water District, Civ, No. F-79-l 06-EDP (E.D, Cal.), as consolidated with Westlands Water 

27 District v. United States of America, Civ. No. F-81-245-EDP (ED. Cal.), entered into on 

28 December 30, 1986) ended water service on December 31, 2007; and

29 WHEREAS, the last long-form interim renewal contract between the United 

30 States and the Contractor is Contract No. 14-06-200-495A-IR1, hereinafter referred to as IR1; and

31 WHEREAS, the United States and the Contractor have entered into a 

32 successive renewal of IR1, the most recent of which is Contract No. 14-06-200-495A-IR2,

33 hereinafter referred to as IR2, effective March 1, 2010, through February 29, 2012; and

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

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

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

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

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

39 the parties; and

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

41 pursuant to IR2; and 

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

43 fulfilled all of its obligations under IR2; and

44 WHEREAS, the United States is willing to renew IR2 pursuant to the terms and 

45 conditions set forth below;

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

47 herein contained, it is hereby mutually agreed by the parties hereto as follows:
Irrigation and M&I

Contract No. 14-06-200-495A-IR3

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48 RENEWAL AND REVISION OF

49 CONTRACT NO. 14-06-200-495A-IR2

50 1. Except as specifically modified by this Contract, all provisions of IR2 are

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

52 Article 1 of IR2 thereof, which is revised as follows:

53 (a) The first sentence in subdivision (a) of Article 1 of IR2 is replaced with

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

55 in effect through February 28, 2014, and thereafter will be renewed as described in Article 2 of 

56 IR1 if a long-term renewal contract has not been executed with an effective commencement date 

57 of March 1, 2014.”

58 (b) Subdivision (b) of Article 1 of IR2 is amended by deleting the date 

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

Contract No. 14-06-200-495A-IR3

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

61 the day and year first above written.

62 UNITED STATES OF AMERICA

63 By: _____________________________________

64 Regional Director, Mid-Pacific Region

65 Bureau of Reclamation

66 (SEAL)

67 WESTLANDS WATER DISTRICT

68 By: _____________________________________

69 President of the Board of Directors

70 Attest:

71 By: _____________________________

72 Secretary of the Board of Directors