M&I Only

Contract No. 14-06-200-4305A-IR13-B

(Partial Assignment from Banta-Carbona)

1 UNITED STATES

2 DEPARTMENT OF THE INTERIOR

3 BUREAU OF RECLAMATION

4 Central Valley Project, California

5 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES

6 AND

7 THE CITY OF TRACY

8 PROVIDING FOR PROJECT WATER SERVICE

9 THIS CONTRACT, made this _______ day of ___________________, 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 the CITY OF TRACY, hereinafter 

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

18 and acting pursuant to the laws thereof;

19 WITNESSETH, That:

20 EXPLANATORY RECITALS

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

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

23 contract) No. 14-06-20-4305A-IR1, which provided for the continued water service of 
M&I Only

Contract No. 14-06-200-4305A-IR13-B

(Partial Assignment from Banta-Carbona)

2

24 25,000 acre-feet of Central Valley Project (CVP) water to Banta-Carbona following 

25 expiration of Contract No. 14-06-20-4305A; and

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

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

28 No. 14-06-20-4305A -IR5, hereinafter referred to as IR5; and 

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

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

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

32 obligations of Banta-Carbona’s Contract No. 14-06-20-4305A-IR8 (the interim renewal 

33 contract prior to Banta-Carbona’s partial assignment to the Contractor) for 5,000 acre-feet; and 

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

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

36 IR9-B; and

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

38 renewals of IR9-B, the most recent of which is Contract No. 14-06-200-4305A-IR12-B, 

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

40 WHEREAS, the United States and the Contractor have made significant 

41 progress in their negotiations of a long-term renewal contract, believe that further negotiations 

42 on the long-term renewal contract would be beneficial, and mutually commit to continue to 

43 negotiate to seek to reach agreement, but anticipate that the environmental documentation 

44 necessary for execution of any long-term renewal contract may be delayed for reasons beyond 

45 the control of the parties; and
M&I Only

Contract No. 14-06-200-4305A-IR13-B

(Partial Assignment from Banta-Carbona)

3

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

47 pursuant to IR12-B; and

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

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

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

51 and conditions set forth below;

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

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

54 RENEWAL AND REVISION OF

55 CONTRACT NO. 14-02-200-4305A-IR12-B

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

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

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

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

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

61 remain in effect through February 28, 2014, and thereafter will be renewed as described in 

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

63 commencement date of March 1, 2014.”

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

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

Contract No. 14-06-200-4305A-IR13-B

(Partial Assignment from Banta-Carbona)

4

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

67 the day and year first above written.

68 UNITED STATES OF AMERICA

69 By: _____________________________________

70 Regional Director, Mid-Pacific Region

71 Bureau of Reclamation

72 (SEAL)

73 CITY OF TRACY

74 By: _____________________________________

75 City Manager

76 Attest:

77 By: _____________________________

78 Secretary