District Form – Irrigation and M&I 

Contract No. 14-06-200-7422X-R-1 

R.O. Draft 09/21/2012 

R.O. Draft 12/13/2012 

NCAO Draft 01/11/2013 

NCAO Draft 02/26/2013 

NCAO Draft 03/11/2013 

R.O. Draft 03/19/2013 

R.O. Draft 04/04/2013 

UNITED STATES 

DEPARTMENT OF THE INTERIOR 

BUREAU OF RECLAMATION 

Central Valley Project, California 

CONTRACT BETWEEN THE UNITED STATES 

AND

WOODLAND-DAVIS CLEAN WATER AGENCY, 

DIVERTER OF WATER FROM SACRAMENTO RIVER SOURCES, 

SETTLING WATER RIGHTS DISPUTES 

Table of Contents 

Article No. Title Page No. 

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

Explanatory Recitals ............................................................................................ 2-4

1 Definitions ............................................................................................................ 4-6

2 Term of Settlement Contract ................................................................................ 6-7

3 Water to be Furnished to Contractor .................................................................. 7-10

4 Return Flow ............................................................................................................11

5 Constraints on the Availability of Water ...............................................................11 

6 Integrated Water Management and Partnerships ............................................. 11-12

7 Use of Water Furnished to Contractor ............................................................. 12-13

8 Rate and Method of Payment for Water ........................................................... 13-15

9 Agreement on Water Quantities....................................................................... 15-18

10 Measurement of Water ..................................................................................... 18-19

11 Rules and Regulations............................................................................................19

12 General Obligation—Benefits Conditioned Upon Payment ............................ 19-20 

13 Charges for Delinquent Payments .........................................................................20 

14 Protection of Water and Air Quality ......................................................................20 

15 Equal Employment Opportunity ...................................................................... 21-22 

16 Compliance with Civil Rights Laws and Regulations ...........................................22 
Contract No. 14-06-200-7422X-R-1 

Table of Contents - continued 

Article No. Title Page No. 

17 Books, Records, and Reports .................................................................................22

18 Change of Place of Use or Organization ................................................................23

19 Consolidation of Contracting Entities ....................................................................23

20 Notices ...................................................................................................................23

21 Assignment Limited—Successors and Assigns Obligated .............................. 23-24

22 Officials Not to Benefit ..........................................................................................24

23 Contingent Upon Appropriation or Allotment of Funds........................................24

24 Confirmation of Settlement Contract .....................................................................24

25 Water Conservation ......................................................................................... 24-25

26 Opinions and Determinations ................................................................................25

27 Contractor to Pay Certain Miscellaneous Costs.....................................................26

28 Waiver of Default ..................................................................................................26

29 Termination ............................................................................................................26

30 Contract Drafting Considerations ..........................................................................27

Signature Page .......................................................................................................27

Exhibit A Schedule of Monthly Diversions of Water 

Exhibit B Map of Contractor’s Service Area 

Exhibit C Rescheduling Fee 
Contract No. 14-06-200-7422X-R-1 

R.O. Draft 09/21/2012 

R.O. Draft 12/13/2012 

NCAO Draft 01/11/2013 

NCAO Draft 02/26/2013 

NCAO Draft 03/11/2013 

R.O. Draft 03/19/2013 

R.O. Draft 04/04/2013 

1 UNITED STATES 

2 DEPARTMENT OF THE INTERIOR 

3 BUREAU OF RECLAMATION

4 Central Valley Project, California 

5 CONTRACT BETWEEN THE UNITED STATES 

6 AND

7 WOODLAND-DAVIS CLEAN WATER AGENCY, 

8 DIVERTER OF WATER FROM SACRAMENTO RIVER SOURCES, 

9 SETTLING WATER RIGHTS DISPUTES 

10 THIS CONTRACT, hereinafter referred to as “Settlement Contract,” is entered 

11 into by the UNITED STATES OF AMERICA, hereinafter referred to as the United States, made 

12 this ________ day of ____________________, 20_____, pursuant to the applicable authority 

13 granted to it generally in the Act of June 17, 1902 (32 Stat. 388), and acts amendatory or 

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

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

16 particularly Section 14 thereto, October 12, 1982 (96 Stat. 1263), October 27, 1986 

17 (100 Stat. 3050), as amended, and Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), 

18 all collectively hereinafter referred to as Federal Reclamation law, and WOODLAND-DAVIS 

19 CLEAN WATER AGENCY, hereinafter referred to as the Contractor, a California joint powers 

20 authority, duly organized, existing and acting pursuant to the laws of the State of California,

21 with its principal place of business in California; 
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22 WITNESSETH, That: 

23 EXPLANATORY RECITALS 

[1st 24 ] WHEREAS, the United States has constructed and is operating the Central Valley 

25 Project, California, for multiple purposes pursuant to its statutory authority; and 

[2nd 26 ] WHEREAS, the construction and operation of the integrated and coordinated 

27 Central Valley Project has changed and will further change the regimen of the Sacramento, 

28 American, San Joaquin, and Trinity Rivers and the Sacramento-San Joaquin Delta from 

29 unregulated flow to regulated flow; and 

[3rd 30 ] WHEREAS, the United States has rights to divert, is diverting, and will continue 

31 to divert waters from said Rivers and said Delta in connection with the operation of said Central 

32 Valley Project; and 

[4th 33 ] WHEREAS, Conaway Preservation Group, LLC, hereinafter referred to as 

34 Conaway, has rights to divert water from the Sacramento River for irrigation purposes under 

35 Water Right Licenses 904, 905, and 5487, which are administered and enforced by the 

36 California State Water Resources Control Board, hereinafter referred to as SWRCB; and 

[5th 37 ] WHEREAS, the diversion of water by Conaway under Water Right 

38 Licenses 904, 905, and 5487 is subject to the terms and conditions of “Contract Between the 

39 United States and Conaway Preservation Group, LLC, Diverter of Water From Sacramento 

40 River Sources, Settling Water Right Disputes and Providing for Project Water”, Contract 

41 No. 14-06-200-7422A-R-1, dated March 4, 2005, hereinafter referred to as the Existing Contract, 

42 which provides for up to 50,190 acre-feet of Base Supply and a supplemental supply of 

43 672 acre-feet of Project Water to be diverted annually from the Sacramento River from 

44 April 1, 2005, through March 31, 2045; and 
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[6th 45 ] WHEREAS, Conaway, Tri-City Water and Farm, LLC, and the Contractor 

46 entered into that certain Water Agreement, dated December 21, 2010, which provides, in part,

47 for Conaway to assign and convey to the Contractor its interests in 10,000 acre-feet of 

48 Sacramento River Water diverted under Water Right Licenses 904 and 5487, which is a portion 

49 of the Base Supply made available under the terms and conditions of the Existing Contract; and 

[7th 50 ] WHEREAS, on March 17, 2011, Conaway petitioned the SWRCB to approve the 

51 proposed split of Water Right Licenses 904 and 5487 between Conaway and the Contractor, and 

52 to add additional purposes of use, places of use and point of diversion to effectuate the 

53 assignment and conveyance of the 10,000 acre-feet of Sacramento River water to the Contractor; 

54 and

[8th 55 ] WHEREAS, pursuant to SWRCB letter, dated November 21, 2012, as modified 

56 by SWRCB letter dated December 21, 2012, Conaway’s petition for change was granted, and 

57 Amended Licenses for Diversion and Use of Water, 904A and 5487A, were issued to the 

58 Contractor and Amended Licenses for Diversion and Use of Water, 904B and 5487B, were 

59 issued to Conaway, each subject to specific terms and conditions for its exercise; and 

[9th 60 ] WHEREAS, the Existing Contract between Conaway and the United States will 

61 be amended, and a new Sacramento River Settlement Contract between the Contractor and the 

62 United States will be executed, to recognize the water right changes and the terms and conditions 

63 in the Amended Licenses for Diversion and Use of Water, 904B and 5487B, and 904A and 

64 5487A, respectively; and 

[10th 65 ] WHEREAS, the parties acknowledge that the Secretary of the Interior’s discretion 

66 at the time of renewal of certain Sacramento River Water Right Settlement contracts including 

67 Conaway’s Existing Contract dated March 4, 2005 and the 10,000 acre-feet of Base Supply 
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68 water to be assigned to the Contractor from Conaway as set forth in this Contract is the subject of 

69 pending litigation in Natural Resources Defense Council, et al. v. Salazar, et al., Case 

No. 09-17661 (9th 70 Cir.), and; 

[11th 71 ] WHEREAS, the parties further acknowledge that if the court issues an order or 

72 opinion invalidating Conaway’s Existing Contract due to consultation requirements under 

73 Section 7 of the Endangered Species Act, the validity of this Settlement Contract may be 

74 similarly affected, and; 

[12

th 75 ] WHEREAS, to assure the Contractor of the enjoyment and use of the regulated 

76 flow of the said Rivers and the Delta, and to provide for the economical operation of the 

77 Central Valley Project by, and the reimbursement to, the United States for expenditures made for 

78 said Project; 

79 NOW, THEREFORE, in consideration of the performance of the herein contained 

80 provisions, conditions, and covenants, it is agreed as follows:

81 DEFINITIONS 

82 1. When used herein, unless otherwise expressed or incompatible with the intent 

83 hereof, the term: 

84 (a) “Base Supply” shall mean the quantity of Surface Water established in 

85 Articles 3 and 5 which may be diverted by the Contractor from the Sacramento River each month 

86 during the period April through October of each Year without payment to the United States for 

87 such quantities diverted; 

88 (b) “Contract Total” shall mean the sum of the Base Supply available for 

89 diversion by the Contractor for the period April 1 through October 31; 
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90 (c) “Critical Year” shall mean any Year in which either of the following 

91 eventualities exists: 

92 (1) The forecasted full natural inflow to Shasta Lake for the current 

93 Water Year, as such forecast is made by the United States on or before February 15 and 

94 reviewed as frequently thereafter as conditions and information warrant, is equal to or 

95 less than 3.2 million acre-feet; or 

96 (2) The total accumulated actual deficiencies below 4 million acre-feet 

97 in the immediately prior Water Year or series of successive prior Water Years each of 

98 which had inflows of less than 4 million acre-feet, together with the forecasted deficiency 

99 for the current Water Year, exceed 800,000 acre-feet. 

100 For the purpose of determining a Critical Year, the computation of inflow 

101 to Shasta Lake shall be performed in a manner that considers the extent of upstream development 

102 above Shasta Lake during the year in question, and shall be used as the full natural flow to 

103 Shasta Lake. In the event that major construction has occurred or occurs above Shasta Lake after 

104 September 1, 1963, and which has materially altered or alters the regimen of the stream systems 

105 contributing to Shasta Lake, the computed inflow to Shasta Lake used to define a Critical Year 

106 will be adjusted to eliminate the effect of such material alterations. After consultation with the 

107 State of California, the National Weather Service, and other recognized forecasting agencies, the 

108 Contracting Officer will select the forecast to be used and will make the details of it available to 

109 the Contractor. The same forecasts used by the United States for the operation of the Project 

110 shall be used to make the forecasts hereunder; 

111 (d) “CVPIA” shall mean the Central Valley Project Improvement Act, 

112 Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706); 
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113 (e) “Project” shall mean the Central Valley Project owned by the 

114 United States and managed by the Department of the Interior, Bureau of Reclamation; 

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

116 delivered by the United States pursuant to Federal Reclamation law; 

117 (g) “Rescheduling Fee” shall mean the payments required for each acre-foot 

118 of Base Supply rescheduled pursuant to subdivision (c)(1) of Article 3 of this Settlement 

119 Contract, as determined annually by the Contracting Officer in accordance with the then-current 

120 applicable water rate setting policies for the Project. The type and amount of the Rescheduling 

121 Fee will be identified on Exhibit “C”; 

122 (h) “Secretary” or “Contracting Officer” shall mean the Secretary of the 

123 Interior, a duly appointed successor, or an authorized representative acting pursuant to any 

124 authority of the Secretary and through any agency of the Department of the Interior; 

125 (i) “Surface Water” shall mean only those waters that are considered as 

126 surface water under California law; 

127 (j) “Water Year” shall mean the period commencing with October 1 of one 

128 year and extending through September 30 of the next; and 

129 (k) “Year” shall mean a calendar year. 

130 TERM OF SETTLEMENT CONTRACT 

131 2. This Settlement Contract shall become effective on the date the Contractor starts 

132 diverting the assigned water pursuant to Licenses 904A and 5487A or January 15, 2016,

133 whichever is earlier, and shall remain in effect until and including March 31, 2045: Provided, 

134 That under terms and conditions mutually agreeable to the parties hereto, renewals may be made 

135 for successive periods not to exceed 40 years each. The terms and conditions of each renewal 
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136 shall be agreed upon not later than one year prior to the expiration of the then-existing Settlement 

137 Contract. 

138 WATER TO BE FURNISHED TO CONTRACTOR 

139 3. (a) Subject to the conditions, limitations, and provisions hereinafter 

140 expressed, the Contractor is hereby entitled and authorized to divert from the Sacramento River 

141 at the locations shown in Exhibit “A”, for beneficial use within the area delineated on Exhibit “B”, 

142 (both Exhibits are attached hereto and made a part hereof), the Contract Total designated in 

143 Exhibit “A”, or any revision thereof, in accordance with the monthly operating schedule required 

144 by subdivision (c) of Article 3 of this Settlement Contract. The quantity of any water diverted 

145 under this Settlement Contract from the Sacramento River, during the period April through 

146 October, for use on any lands delineated on Exhibit “B”, by the owner of such lands or otherwise 

147 shall constitute a part of the Contract Total as shown on Exhibit “A” and shall be subject to all 

148 the provisions of this Settlement Contract relating to such Contract Total as if such diversion 

149 were made by the Contractor: Provided, however, That the Contractor reserves the right to, and 

150 may at its option, divert water for beneficial use from the Sacramento River under Water Right 

151 Permit 20281 issued to the Contractor by the SWRCB under Application 30358, to the extent 

152 permitted under California law for beneficial use within the authorized place of use for Permit 

153 20281, and such diversions will not be considered to be diversions under this Settlement 

154 Contract or a part of the quantity of Base Supply specified in Exhibit “A”. The lawfulness of the 

155 Contractor’s points of diversion for said area from the Sacramento River will not be challenged 

156 by, or on behalf of, the Bureau of Reclamation except in the case of a general adjudication as 

157 provided in subdivisions (b) and (c) of Article 9 of this Settlement Contract. 
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158 (b) The Contractor may acquire rights to divert water from the Sacramento 

159 River during the period April through October after the date of execution of this Settlement 

160 Contract. All diversions made from the Sacramento River, pursuant to such rights, during the 

161 period April through October, shall not be considered to be diversions made pursuant to this 

162 Settlement Contract or a part of the quantity of Base Supply specified in Exhibit “A”: Provided, 

163 That the quantities diverted pursuant to the above rights shall be identified on the schedule 

164 submitted pursuant to subdivision (c) of Article 3 below, and shall not be substituted for any 

165 Base Supply: Provided, further, That any such identified quantities of water under other 

166 acquired rights may be diverted by the Contractor before incurring any fee pursuant to 

167 subdivision (c)(1) of Article 3 below. 

168 (c) Before April 1 and before the first day of each month thereafter when a 

169 revision is needed, the Contractor shall submit a written schedule to the Contracting Officer 

170 indicating the Contract Total to be diverted by the Contractor for irrigation and/or municipal and

171 industrial purposes during each month under this Settlement Contract. The United States shall 

172 furnish water to the Contractor in accordance with the monthly operating schedule or any 

173 revisions thereof. However, the United States recognizes the need of the Contractor to change 

174 from time to time its monthly diversions of water from the quantities shown in Exhibit “A”; the 

175 Contractor may make such changes, provided: 

176 (1) that for the quantity of Base Supply diverted in excess of the 

177 monthly quantity shown in Exhibit “A”, and as may be reduced in accordance with 

178 subdivision (c) of Article 5, during June, July, August, September, or October of any 

179 Water Year, the Contractor shall be charged a Rescheduling Fee equal to 50 percent of 
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180 the sum of the storage operations and maintenance rate and the storage capital rate 

181 components of the Project ratesetting policy. 

182 (2) that in no event shall the total quantity scheduled for diversion by 

183 the Contractor from the Sacramento River: 

184 (i) During the period April through October exceed the 

185 aggregate of the Contract Total for that period shown in Exhibit “A” or any 

186 revision thereof; 

187 (ii) During the period July through September exceed the 

188 aggregate of the Contract Total for that period shown in Exhibit “A” or any 

189 revision thereof. 

190 (d) In the event conditions warrant, the Contracting Officer reserves the 

191 right to require the Contractor to submit, at least 72 hours prior to the beginning of each 

192 weekly period, its estimate of daily diversion requirements for each such period from the 

193 Sacramento River: Provided, however, That changes during any such period may be made upon 

194 the giving of 72 hours’ notice thereof to the Contracting Officer. 

195 (e) No sale, transfer, exchange, or other disposal of any of the Contract Total 

196 designated in Exhibit “A” or the right to the use thereof for use on land other than that shown on 

197 Exhibit “B” shall be made by the Contractor without first obtaining the written consent of the 

198 Contracting Officer. Such consent will not be unreasonably withheld and a decision will be 

199 rendered in a timely manner. For short-term actions that will occur within one year or less, the 

200 decision will be rendered within 30 days after receipt of a complete written proposal. For 

201 long term actions that will occur in a period longer than one year, the decision will be rendered 

202 within 90 days after receipt of a complete written proposal. For a proposal to be deemed 
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203 complete by the Contracting Officer, it must comply with all provisions required by State and 

204 Federal law, including information sufficient to enable the Contracting Officer to comply with 

205 the National Environmental Policy Act, the Endangered Species Act, and applicable rules or 

206 regulations then in effect: Provided, That such consent does not authorize the use of Federal 

207 facilities to facilitate or effectuate the sale, transfer, exchange, or other disposal of Base Supply. 

208 Such use of Federal facilities will be the subject of a separate agreement to be entered into 

209 between the Contractor and Reclamation. 

210 (f) Nothing herein contained shall prevent the Contractor from diverting 

211 water during the months of November through March for beneficial use on the lands within the 

212 area shown on Exhibit “B” or elsewhere to the extent authorized under the laws of the State of 

213 California. 

214 (g) The United States assumes no responsibility for and neither it nor its 

215 officers, agents, or employees shall have any liability for or on account of: 

216 (1) The quality of water to be diverted by the Contractor; 

217 (2) The control, carriage, handling, use, disposal, or distribution of 

218 water diverted by the Contractor outside the facilities constructed and then being operated 

219 and maintained by or on behalf of the United States; and

220 (3) Claims of damage of any nature whatsoever, including but not 

221 limited to, property loss or damage, personal injury, or death arising out of or connected 

222 with the control, carriage, handling, use, disposal, or distribution of said water outside of 

223 the hereinabove referred to facilities.
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224 RETURN FLOW 

225 4. Nothing herein shall be construed as an abandonment or a relinquishment by the 

226 United States of any right it may have to the use of waste, seepage, and return flow water derived 

227 from water diverted by the Contractor hereunder and which escapes or is discharged beyond the 

228 boundaries of the lands shown on Exhibit “B”: Provided, That this shall not be construed as 

229 claiming for the United States any right to such water which is recovered by the Contractor 

230 pursuant to California law from within the boundaries of the lands shown on Exhibit “B”, and 

231 which is being used pursuant to this Settlement Contract for surface irrigation, municipal and

232 industrial use, or underground storage for the benefit of the lands shown on Exhibit “B” by the 

233 Contractor. 

234 CONSTRAINTS ON THE AVAILABILITY OF WATER 

235 5. (a) In its operation of the Project, the Contracting Officer will use all 

236 reasonable means to guard against a condition of shortage in the quantity of water to be made 

237 available to the Contractor pursuant to this Settlement Contract. In the event the Contracting 

238 Officer determines that a condition of shortage appears probable, the Contracting Officer will 

239 notify the Contractor of said determination as soon as practicable. 

240 (b) If there is a condition of shortage because of errors in physical operations 

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

242 actions taken by the Contracting Officer to meet current and future legal obligations, then no 

243 liability shall accrue against the United States or any of its officers, agents, or employees for any 

244 damage, direct or indirect, arising therefrom. 

245 (c) In a Critical Year, the Contractor’s Base Supply agreed to be diverted 

246 during the period April through October of the Year in which the principal portion of the 

247 Critical Year occurs and, each monthly quantity of said period shall be reduced by 25 percent.

248 INTEGRATED WATER MANAGEMENT AND PARTNERSHIPS 

249 6. The Contractor and United States desire to work together to maximize the 

250 reasonable beneficial use of water for their mutual benefit. As a consequence, the United States 

251 and the Contractor will work in partnership and with others within the Sacramento Valley, 
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252 including other contractors, to facilitate the better integration within the Sacramento Valley of all 

253 water supplies including, but not limited to, the better management and integration of surface 

254 water and groundwater, the development and better utilization of surface water storage, the 

255 effective utilization of waste, seepage and return flow water, and other operational and 

256 management options that may be identified in the future. 

257 USE OF WATER FURNISHED TO CONTRACTOR 

258 7. (a) Base Supply diverted pursuant to this Settlement Contract shall not be 

259 used by the Contractor for other than agricultural purposes or municipal and industrial purposes 

260 without the written consent of the Contracting Officer. For purposes of this Settlement Contract, 

261 “agricultural purposes” includes, but is not restricted to, the irrigation of crops, the watering of 

262 livestock, incidental domestic use including related landscape irrigation, and underground water 

263 replenishment; and “municipal and industrial purposes” includes, but is not limited to, the 

264 watering of landscaping or pasture for animals (e.g., horses) which are kept for personal 

265 enjoyment or water delivered to landholdings operated in units of less than 5 acres, fish and 

266 wildlife enhancement, and fisheries and aquaculture research. 

267 (b) The Contractor shall comply with requirements applicable to the 

268 Contractor in biological opinion(s) prepared as a result of a consultation regarding the execution 

269 of this Settlement Contract undertaken pursuant to Section 7 of the Endangered Species Act of 

270 1973, as amended, that are within the Contractor’s legal authority to implement. The Existing 

271 Contract, which evidences in excess of 40 years of diversions for agricultural uses, of the 

272 quantities of water provided for in Article 3 of this Settlement Contract, and the underlying water 

273 rights of the Contractor will be considered in developing an appropriate base-line for the 

274 Biological Assessment prepared pursuant to the Endangered Species Act, and in any other 
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275 needed environmental review. Nothing herein shall be construed to prevent the Contractor from 

276 challenging or seeking judicial relief in a court of competent jurisdiction with respect to any 

277 biological opinion or other environmental documentation referred to in this Article. 

278 RATE AND METHOD OF PAYMENT FOR WATER 

279 8. (a) The Contract Total in this Settlement Contract only provides for 

280 Base Supply and does not include Project Water. In order to recover Reclamation’s costs for 

281 administration of this Settlement Contract, the Contractor shall pay the United States an annual 

282 fee of $400 beginning on the effective date specified in Article 2. This amount shall be increased 

283 by $50 every five years thereafter. Payment of this fee shall be due and payable on May 1 of 

284 each Year. This annual fee shall cover activities including, but not limited to, operation and 

285 maintenance of water measurement devices, preparation of monthly water delivery statements, 

286 and maintenance of official records. Payment for activities performed by Reclamation at the 

287 request of the Contractor shall be covered under Article 27 of this Settlement Contract. 

288 (b) Payments to be made by the Contractor to the United States under this 

289 Settlement Contract may be paid from any revenues available to the Contractor. All revenues 

290 received by the United States from the Contractor relating to the delivery of non-Project water 

291 through Project facilities shall be allocated and applied in accordance with Federal Reclamation 

292 law and the associated rules or regulations, and the then-current Project ratesetting policies. 

293 (c) The Contracting Officer shall keep its accounts pertaining to the 

294 administration of the financial terms and conditions of its long-term water service and 

295 Settlement Contracts, in accordance with applicable Federal standards, so as to reflect the 

296 application of Project costs and revenues. The Contracting Officer shall, each Year upon request 

297 of the Contractor, provide to the Contractor a detailed accounting of all Project and Contractor 
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298 expense allocations, the disposition of all Project and Contractor revenues, and a summary of all 

299 water delivery information. The Contracting Officer and the Contractor shall enter into good 

300 faith negotiations to resolve any discrepancies or disputes relating to accountings, reports, or 

301 information. 

302 (d) The parties acknowledge and agree that the efficient administration of this 

303 Settlement Contract is their mutual goal. Recognizing that experience has demonstrated that 

304 mechanisms, policies, and procedures used for establishing and allocating costs and/or for 

305 making and allocating payments, other than those set forth in this Article may be in the mutual 

306 best interest of the parties, it is expressly agreed that the parties may enter into agreements to 

307 modify the mechanisms, policies, and procedures for any of those purposes while this 

308 Settlement Contract is in effect without amendment of this Settlement Contract. 

309 (e) Each payment to be made pursuant to subdivision (a) of this Article 

310 shall be made at the office of the Bureau of Reclamation, MP Region: Mid-Pacific, 

311 P.O. Box 301502, Los Angeles, CA, 90030-1502, or at such other place as the United States may 

312 designate in a written notice to the said Contractor. 

313 (f) All payments from the Contractor to the United States under this 

314 Settlement Contract shall be by the medium requested by the United States on or before the date 

315 payment is due. The required method of payment may include checks, wire transfers, or other 

316 types of payment specified by the United States. 

317 (g) Upon execution of this Settlement Contract, the Contractor shall furnish 

318 the Contracting Officer with the Contractor’s taxpayer’s identification number (TIN). The 

319 purpose for requiring the Contractor’s TIN is for collecting and reporting any delinquent 

320 amounts arising out of the Contractor’s relationship with the United States. 

321 (h) In the event there should be a default in the payment of the amount due, 

322 the delinquent payment provisions of Article 13 shall apply. The Contractor shall not be relieved 

323 of the whole or any part of its said obligation by, on account of, or notwithstanding, as the case 

324 may be: 
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325 (1) The default in payment to it by any water user of assessments, 

326 tolls, or other charges levied by or owing to said Contractor; 

327 (2) Any judicial determination that any assessment, toll, or other 

328 charge referred to in this Settlement Contract is irregular, void, or ineffectual; or 

329 (3) Any injunctive process enjoining or restraining the Contractor 

330 from making or collecting any such assessment, toll, or other charge referred to in this 

331 Settlement Contract. 

332 (i) The amount of any overpayment by the Contractor shall be credited upon 

333 amounts to become due to the United States from the Contractor under the provisions hereof in 

334 the ensuing Year. To the extent of such deficiency, such adjustment of overpayment shall 

335 constitute the sole remedy of the Contractor.

336 AGREEMENT ON WATER QUANTITIES 

337 9. (a) During the term of this Settlement Contract and any renewals thereof: 

338 (1) It shall constitute full agreement as between the United States and 

339 the Contractor as to the quantities of Base Supply which may be diverted by the Contractor from 

340 the Sacramento River for beneficial use on the lands shown on Exhibit “B” from April 1 through 

341 October 31, which said diversion, use, and allocation shall not be disturbed so long as the 

342 Contractor shall fulfill all of its obligations hereunder; 

343 (2) Neither party shall claim any right against the other in conflict with 

344 the provisions of subdivision (a)(1) of Article 9 hereof. 

345 (b) Nothing herein contained is intended to or does limit rights of the 

346 Contractor against others than the United States or of the United States against any person other 

347 than the Contractor: Provided, however, That in the event the Contractor, the United States, or 
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348 any other person shall become a party to a general adjudication of rights to the use of water of 

349 the Sacramento River system, this Settlement Contract shall not jeopardize the rights or position 

350 of either party hereto or of any other person and the rights of all such persons in respect to the 

351 use of such water shall be determined in such proceedings the same as if this Settlement Contract 

352 had not been entered into, and if final judgment in any such general adjudication shall determine 

353 that the rights of the parties hereto are different from the rights as assumed herein, the parties 

354 shall negotiate an amendment to give effect to such judgment. In the event the parties are unable 

355 to agree on an appropriate amendment they shall, within 60 days of determining that there is an 

356 impasse, employ the services of a neutral mediator, experienced in resolving water rights 

357 disputes, to assist in resolving the impasse. The cost of the mediation will be shared equally. A 

358 failure to reach agreement on an amendment within 60 days of the end of mediation will cause 

359 the immediate termination of this Settlement Contract. 

360 (c) In the event that the SWRCB or a court of competent jurisdiction issues a 

361 final decision or order modifying the terms and conditions of the water rights of either party to 

362 this Settlement Contract in order to impose Bay-Delta water quality obligations, the Contractor 

363 and the United States shall promptly meet to determine whether or not to modify any of the 

364 terms of this Settlement Contract to comply with the final decision or order, including, but not 

365 limited to, the applicability of the Rescheduling Fee in subdivision (c)(1) of Article 3 of this 

366 Settlement Contract. If within 60 days of the date of the issuance of the final decision or order 

367 the parties are not able to reach agreement regarding either the need to modify this Settlement 

368 Contract or the manner in which this Settlement Contract is to be modified, the parties shall 

369 promptly retain a neutral mediator, experienced in resolving water right disputes, to assist the 

370 parties in resolving their dispute. The cost of the mediator shall be shared equally. In the event 
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371 that either of the parties to this Settlement Contract determines that the parties will not be able to 

372 develop mutually-agreeable modification(s) to this Settlement Contract even with the assistance 

373 of a mediator, either of the parties to this Settlement Contract may attempt to resolve the impasse 

374 by seeking appropriate judicial relief including, but not limited to, filing a general adjudication of 

375 the rights to the use of water in the Sacramento River system. The foregoing provisions of this 

376 subarticle shall only apply to the incremental obligations contained within a final decision or 

377 order of the SWRCB that reflects a modification to the obligations imposed in SWRCB Revised 

378 Water Rights Decision 1641, dated March 15, 2000, and its associated 2006 Water Quality 

379 Control Plan which, taken together, will be considered the baseline for the application of the 

380 provisions of this subarticle. 

381 (d) In the event this Settlement Contract terminates, the rights of the parties to 

382 thereafter divert and use water shall exist as if this Settlement Contract had not been entered into; 

383 and the fact that as a compromise settlement of a controversy as to the respective rights of the 

384 parties to divert and use water and the yield of such rights during the term hereof, this Settlement 

385 Contract places a limit on the Contract Total to be diverted annually by the Contractor during the 

386 Settlement Contract term shall not jeopardize the rights or position of either party with respect to 

387 its water rights or the yield thereof at all times after the Settlement Contract terminates. It is 

388 further agreed that the Contractor at all times will first use water to the use of which it is entitled 

389 by virtue of its own water rights, and neither the provisions of this Settlement Contract, action 

390 taken thereunder, nor payments made thereunder to the United States by the Contractor shall be 

391 construed as an admission that any part of the water used by the Contractor during the term of 

392 this Settlement Contract was in fact water to which it would not have been entitled under water 

393 rights owned by it nor shall receipt of payments thereunder by the United States from the 
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394 Contractor be construed as an admission that any part of the water used by the Contractor during 

395 the term of this Settlement Contract was in fact water to which it would have been entitled under 

396 water rights owned by it. 

397 MEASUREMENT OF WATER 

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

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

400 as may be mutually agreed upon in writing by the Contracting Officer and the Contractor. 

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

402 Settlement Contract will be measured or caused to be measured by the United States at each 

403 point of diversion with existing equipment or equipment to be installed, operated, and 

404 maintained by the Contractor, and/or others, under contract with and at the option of the 

405 United States, at the Contractor’s expense. The equipment and methods used to make such 

406 measurement shall be in accordance with sound engineering practices. Upon request of the 

407 Contractor, the accuracy of such measurements will be investigated by the Contracting Officer 

408 and any errors appearing therein will be corrected. 

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

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

411 the United States the right to install, operate, maintain, and replace such equipment on diversion 

412 or carriage facilities at each point of diversion as the Contracting Officer deems necessary. 

413 (d) The Contractor shall not modify, alter, remove, or replace diversion 

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

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

416 Officer has been notified with due diligence and has been given an opportunity to modify such 
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417 measuring equipment in such manner as may be necessary or appropriate. In the event of an 

418 emergency the Contractor shall notify the United States within a reasonable time thereafter as to 

419 the existence of the emergency and the nature and extent of such modification, alteration, 

420 removal, or replacement of diversion facilities. 

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

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

423 diversion or carriage facilities. 

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

425 delineated on Exhibit “B” after the effective date of this Settlement Contract shall also comply 

426 with the measurement provisions described in this Article. 

(g) The Contractor shall inform the Contracting Officer on or before the 10th 427

428 calendar day of each month of the quantity of Contract Total diverted or furnished for 

429 agricultural and municipal and industrial purposes during the preceding month. 

430 RULES AND REGULATIONS 

431 11. The parties agree that the use of Federal facilities pursuant to this Settlement 

432 Contract is subject to Federal Reclamation law, including but not limited to, the Reclamation 

433 Reform Act of 1982 (96 Stat. 1263), as amended and supplemented, and the rules and regulations 

434 promulgated by the Secretary of the Interior under Federal Reclamation law. 

435 GENERAL OBLIGATION—BENEFITS CONDITIONED UPON PAYMENT 

436 12. (a) The obligation of the Contractor to pay the United States as provided in 

437 this Settlement Contract is a general obligation of the Contractor notwithstanding the manner in 

438 which the obligation may be distributed among the Contractor‘s water users and notwithstanding 

439 the default of individual water users in their obligations to the Contractor. 

440 (b) The payment of charges becoming due hereunder is a condition precedent 

441 to receiving benefits under this Settlement Contract. The United States shall not make water 

442 available to the Contractor through Project facilities during any period in which the Contractor 

443 may be in arrears in the advance payment of water rates due the United States. The Contractor 
Contract No. 14-06-200-7422X-R-1 

444 shall not furnish water made available pursuant to this Settlement Contract for lands or parties 

445 which are in arrears in the advance payment of water rates levied or established by the 

446 Contractor. 

447 (c) With respect to subdivision (b) of this Article, the Contractor shall have no 

448 obligation to require advance payment for water rates which it levies. 

449 CHARGES FOR DELINQUENT PAYMENTS 

450 13. (a) The Contractor shall be subject to interest, administrative, and penalty 

451 charges on delinquent payments. If a payment is not received by the due date, the Contractor 

452 shall pay an interest charge on the delinquent payment for each day the payment is delinquent 

453 beyond the due date. If a payment becomes 60 days delinquent, the Contractor shall pay, in 

454 addition to the interest charge, an administrative charge to cover additional costs of billing and 

455 processing the delinquent payment. If a payment is delinquent 90 days or more, the Contractor 

456 shall pay, in addition to the interest and administrative charges, a penalty charge for each day the 

457 payment is delinquent beyond the due date, based on the remaining balance of the payment due 

458 at the rate of 6 percent per year. The Contractor shall also pay any fees incurred for debt 

459 collection services associated with a delinquent payment. 

460 (b) The interest rate charged shall be the greater of either the rate prescribed 

461 quarterly in the Federal Register by the Department of the Treasury for application to overdue 

462 payments, or the interest rate of 0.5 percent per month. The interest rate charged will be 

463 determined as of the due date and remain fixed for the duration of the delinquent period. 

464 (c) When a partial payment on a delinquent account is received, the amount 

465 received shall be applied first to the penalty charges, second to the administrative charges, third 

466 to the accrued interest, and finally to the overdue payment. 

PROTECTION OF WATER AND AIR QUALITY 

467 14. (a) Project facilities used to make available and deliver water to the 

468 Contractor shall be operated and maintained in the most practical manner to maintain the quality 

469 of the water at the highest level possible as determined by the Contracting Officer: Provided, 

470 That the United States does not warrant the quality of the water delivered to the Contractor and is 

471 under no obligation to furnish or construct water treatment facilities to maintain or improve the 

472 quality of water delivered to the Contractor. 

473 (b) The Contractor shall comply with all applicable water and air pollution 

474 laws and regulations of the United States and the State of California; and shall obtain all required 

475 permits or licenses from the appropriate Federal, State, or local authorities necessary for the 

476 delivery of water by the Contractor; and shall be responsible for compliance with all Federal, 

477 State, and local water quality standards applicable to surface and subsurface drainage and/or 

478 discharges generated through the use of Federal or Contractor facilities or water provided by the 

479 Contractor within the Contractor’s service area. 

480 (c) This Article shall not affect or alter any legal obligations of the Secretary 

481 to provide drainage or other discharge services.

20
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Contract No. 14-06-200-7422X-R-1 

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EQUAL EMPLOYMENT OPPORTUNITY 

482 15. During the performance of this Settlement Contract, the Contractor agrees as 

483 follows: 

484 (a) The Contractor will not discriminate against any employee or applicant for 

485 employment because of race, color, religion, sex, disability, or national origin. The Contractor 

486 will take affirmative action to ensure that applicants are employed, and that employees are 

487 treated during employment, without regard to their race, color, religion, sex, disability, or 

488 national origin. Such action shall include, but not be limited to the following: employment, 

489 upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; 

490 rates of pay or other forms of compensation; and selection for training, including apprenticeship. 

491 The Contractor agrees to post in conspicuous places, available to employees and applicants for 

492 employment, notices to be provided by the Contracting Officer setting forth the provisions of this 

493 nondiscrimination clause. 

494 (b) The Contractor will, in all solicitations or advertisements for employees 

495 placed by or on behalf of the Contractor, state that all qualified applicants will receive 

496 consideration for employment without regard to race, color, religion, sex, disability, or national 

497 origin. 

498 (c) The Contractor will send to each labor union or representative of workers 

499 with which it has a collective bargaining agreement or other contract or understanding, a notice, 

500 to be provided by the Contracting Officer, advising the labor union or workers’ representative of 

501 the Contractor’s commitments under Section 202 of Executive Order 11246 of September 24, 1965 

502 (EO 11246), and shall post copies of the notice in conspicuous places available to employees and 

503 applicants for employment. 

504 (d) The Contractor will comply with all provisions of EO 11246, and of the 

505 rules, regulations, and relevant orders of the Secretary of Labor. 

506 (e) The Contractor will furnish all information and reports required by 

507 EO 11246, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant 

508 thereto, and will permit access to his books, records, and accounts by the Contracting Agency 

509 and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, 

510 regulations, and orders. 

511 (f) In the event of the Contractor’s noncompliance with the nondiscrimination 

512 clauses of this Settlement Contract or with any of such rules, regulations, or orders, this 

513 Settlement Contract may be canceled, terminated or suspended in whole or in part and the 

514 Contractor may be declared ineligible for further Government contracts in accordance with 

515 procedures authorized in EO 11246, and such other sanctions may be imposed and remedies 

516 invoked as provided in EO 11246 or by rule, regulation, or order of the Secretary of Labor, or as 

517 otherwise provided by law. 

518 (g) The Contractor will include the provisions of paragraphs (a) through (g) in 

519 every subcontract or purchase order unless exempted by the rules, regulations, or orders of the 

520 Secretary of Labor issued pursuant to Section 204 of EO 11246, so that such provisions will be 
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521 binding upon each subcontractor or vendor. The Contractor will take such action with respect to 

522 any subcontract or purchase order as may be directed by the Secretary of Labor as a means of 

523 enforcing such provisions, including sanctions for noncompliance: Provided, however, That in 

524 the event the Contractor becomes involved in, or is threatened with, litigation with a 

525 subcontractor or vendor as a result of such direction, the Contractor may request the United 

526 States to enter into such litigation to protect the interests of the United States. 

527 COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS 

528 16. (a) The Contractor shall comply with Title VI of the Civil Rights Act of 1964 

529 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112, as amended), the 

530 Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.) and any other applicable civil rights 

531 laws, as well as with their respective implementing regulations and guidelines imposed by the 

532 U.S. Department of the Interior and/or Bureau of Reclamation. 

533 (b) These statutes require that no person in the United States shall, on the 

534 grounds of race, color, national origin, handicap, or age, be excluded from participation in, be 

535 denied the benefits of, or be otherwise subjected to discrimination under any program or activity 

536 receiving financial assistance from the Bureau of Reclamation. By executing this Settlement 

537 Contract, the Contractor agrees to immediately take any measures necessary to implement this 

538 obligation, including permitting officials of the United States to inspect premises, programs, and 

539 documents. 

540 (c) The Contractor makes this agreement in consideration of and for the 

541 purpose of obtaining any and all Federal grants, loans, contracts, property discounts, or other 

542 Federal financial assistance extended after the date hereof to the Contractor by the Bureau of 

543 Reclamation, including installment payments after such date on account of arrangements for 

544 Federal financial assistance which were approved before such date. The Contractor recognizes 

545 and agrees that such Federal assistance will be extended in reliance on the representations and 

546 agreements made in this Article, and that the United States reserves the right to seek judicial 

547 enforcement thereof. 

548 BOOKS, RECORDS, AND REPORTS 

549 17. The Contractor shall establish and maintain accounts and other books and records 

550 pertaining to administration of the terms and conditions of this Settlement Contract, including: 

551 the Contractor’s financial transactions, water supply data, and Project land and right-of-way 

552 agreements; the water users’ land-use (crop census), land ownership, land-leasing and water use 

553 data; and other matters that the Contracting Officer may require. Reports thereon shall be 

554 furnished to the Contracting Officer in such form and on such date or dates as the Contracting 

555 Officer may require. Subject to applicable Federal laws and regulations, each party to this 

556 Settlement Contract shall have the right during office hours to examine and make copies of each 

557 other’s books and official records relating to matters covered by this Settlement Contract. 
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558 CHANGE OF PLACE OF USE OR ORGANIZATION 

559 18. (a) Unless the written consent of the United States is first obtained no change 

560 shall be made in the place of water use shown on Exhibit “B”. 

561 (b) While this Settlement Contract is in effect, no change shall be made in the 

562 Contractor’s Service Area as shown on Exhibit “B”, by inclusion, exclusion, annexation or 

563 detachment of lands, by dissolution, consolidation, or merger or otherwise, except upon the 

564 Contracting Officer’s written consent thereto. Such consent will not be unreasonably withheld 

565 and a decision will be provided in a timely manner. 

566 CONSOLIDATION OF CONTRACTING ENTITIES 

567 19. Consolidation of Contractors may be approved by the Contracting Officer 

568 provided: (i) the Contracting Officer approves the form and organization of the resulting entity 

569 and the utilization by it of the Contract Total; and (ii) the obligations of the Contractors are 

570 assumed by such entity. 

571 No such consolidation shall be valid unless and until approved by the Contracting 

572 Officer. 

573 NOTICES 

574 20. Any notice, demand, or request authorized or required by this Settlement Contract 

575 shall be deemed to have been given, on behalf of the Contractor, when mailed, postage prepaid, 

576 or delivered to the Area Manager, Northern California Area Office, Bureau of Reclamation, 

577 16349 Shasta Dam Boulevard, Shasta Lake, California 96019, and on behalf of the 

578 United States, when mailed, postage prepaid, or delivered to General Manager, Woodland-Davis 

579 Clean Water Agency, 23 Russell Boulevard, Davis, California 95616. The designation of the 

580 addressee or the address may be changed by notice given in the same manner as provided in this 

581 Article for other notices. 

582 ASSIGNMENT LIMITED—SUCCESSORS AND ASSIGNS OBLIGATED 

583 21. (a) The provisions of this Settlement Contract shall apply to and bind the 

584 successors and assigns of the parties hereto, but no assignment or transfer of this Settlement 

585 Contract or any right or interest therein shall be valid until approved in writing by the 

586 Contracting Officer. 
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Contract No. 14-06-200-7422X-R-1 

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587 (b) The assignment of any right or interest in this Settlement Contract by 

588 either party shall not interfere with the rights or obligations of the other party to this Settlement 

589 Contract absent the written concurrence of said other party. 

590 (c) The Contracting Officer shall not unreasonably condition or withhold his 

591 approval of any proposed assignment. 

592 OFFICIALS NOT TO BENEFIT 

593 22. (a) No Member of or Delegate to Congress, Resident Commissioner, or 

594 official of the Contractor shall benefit from this Settlement Contract other than as a water user or 

595 landowner in the same manner as other water users or landowners. 

596 (b) No officer or member of the governing board of the Contractor shall 

597 receive any benefit that may arise by reason of this Settlement Contract other than as a water 

598 user or landowner within the Contractor’s service area delineated on Exhibit “B” and in the same 

599 manner as other water users and landowners within the said service area. 

600 CONTINGENT UPON APPROPRIATION OR ALLOTMENT OF FUNDS 

601 23. The expenditure or advance of any money or the performance of any obligation of 

602 the United States under this Settlement Contract shall be contingent upon appropriation or 

603 allotment of funds. Absence of appropriation or allotment of funds shall not relieve the 

604 Contractor from any obligations under this Settlement Contract. No liability shall accrue to the 

605 United States in case funds are not appropriated or allotted. 

606 CONFIRMATION OF SETTLEMENT CONTRACT 

607 24. The Contractor, after the execution of this Settlement Contract, shall promptly 

608 seek to secure a decree of a court of competent jurisdiction of the State of California, if 

609 appropriate, confirming the execution of this Settlement Contract. The Contractor shall furnish 

610 the United States a certified copy of the final decree, the validation proceedings, and all pertinent 

611 supporting records of the court approving and confirming this Settlement Contract, and 

612 decreeing and adjudging it to be lawful, valid, and binding on the Contractor. This Settlement 

613 Contract shall not be binding on the United States until such final decree has been secured. 

614 WATER CONSERVATION 

615 25. Prior to the diversion of water under this Settlement Contract, the Contractor shall 

616 be implementing effective water conservation and efficiency programs based on the water 

617 conservation elements of the water management plans prepared pursuant to sections 10800 and
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Contract No. 14-06-200-7422X-R-1 

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618 10620 through 10645 of the California Water Code. In the event that the state requirement for 

619 preparation and implementation of the water management plans is discontinued, suspended or 

620 otherwise terminated during the term of this contract, the Contractor will then be required to 

621 prepare the plan(s) required by Section 210(b) of the Reclamation Reform Act of 1982 96 Stat. 

622 1263), as amended, and Part 427.1 of the Water Conservation Rules and Regulations effective 

623 January 1, 1998. 

624 OPINIONS AND DETERMINATIONS 

625 26. (a) Where the terms of this Settlement Contract provide for actions to be 

626 based upon the opinion or determination of either party to this Settlement Contract, said terms 

627 shall not be construed as permitting such action to be predicated upon arbitrary, capricious, or 

628 unreasonable opinions or determinations. Both parties, notwithstanding any other provisions of 

629 this Settlement Contract, expressly reserve the right to seek relief from and appropriate 

630 adjustment for any such arbitrary, capricious, or unreasonable opinion or determination. Each 

631 opinion or determination by either party shall be provided in a timely manner. Nothing in 

632 subdivision (a) of Article 26 of this Settlement Contract is intended to or shall affect or alter the 

633 standard of judicial review applicable under Federal law to any opinion or determination 

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

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

636 necessary to administer this Settlement Contract that are consistent with the provisions of this 

637 Settlement Contract, the laws of the United States and of the State of California, and the rules 

638 and regulations promulgated by the Secretary of the Interior. Such determinations shall be made 

639 in consultation with the Contractor to the extent reasonably practicable. 
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640 CONTRACTOR TO PAY CERTAIN MISCELLANEOUS COSTS 

641 27. (a) In addition to all other payments to be made by the Contractor pursuant to 

642 this Settlement Contract, the Contractor shall pay to the United States, within 60 days after 

643 receipt of a bill and detailed statement submitted by the Contracting Officer to the Contractor for 

644 such specific items of direct cost incurred by the United States for work requested by the 

645 Contractor associated with this Settlement Contract plus indirect costs in accordance with 

646 applicable Bureau of Reclamation policies and procedures. All such amounts referred to in this 

647 Article shall not exceed the amount agreed to in writing in advance by the Contractor. This 

648 Article shall not apply to costs for routine contract administration. 

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

650 Contractor pursuant to Article 27 of this Settlement Contract shall be adjusted to reflect the 

651 actual costs when the work has been completed. If the advances exceed the actual costs incurred, 

652 the difference will be refunded to the Contractor. If the actual costs exceed the Contractor‘s 

653 advances, the Contractor will be billed for the additional costs pursuant to Article 27 of this 

654 Settlement Contract. 

655 WAIVER OF DEFAULT 

656 28. The waiver by either party to this Settlement Contract as to any default shall not 

657 be construed as a waiver of any other default or as authority of the other party to continue such 

658 default or to make, do, or perform, or not to make, do, or perform, as the case may be, any act or 

659 thing which would constitute a default. 

660 TERMINATION 

661 29. This Settlement Contract will terminate upon mutual agreement of the parties 

662 prior to the end of the term or any renewal thereof.
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663 CONTRACT DRAFTING CONSIDERATIONS 

664 30. This Contract has been negotiated and reviewed by the parties hereto, each of 

665 whom is sophisticated in the matters to which this Contract pertains. The double-spaced articles 

666 of this Contract have been drafted, negotiated, and reviewed by the parties, and no one party 

667 shall be considered to have drafted the stated articles.

668 IN WITNESS WHEREOF, the parties hereto have executed this Settlement 

669 Contract as of the day and year first hereinabove written. 

670 UNITED STATES OF AMERICA 

671 By: ______________________________________

672 Regional Director, Mid-Pacific Region 

673 Bureau of Reclamation 

674 (SEAL) 

675 WOODLAND-DAVIS CLEAN WATER AGENCY 

676 By: ______________________________________

677 General Manager 
Contract No. 14-06-200-7422X-R-1 

28

Exhibit A 

WOODLAND-DAVIS CLEAN WATER AGENCY 

Sacramento River 

SCHEDULE OF MONTHLY DIVERSIONS OF WATER 

Base Supply Contract Total 

(acre-feet) (acre-feet) 

 April 0 0

 May 0 0

 June 2,500 2,500

 July 3,500 3,500

 August 500 500

 September 3,500 3,500

 October 0 0

 Total 10,000 10,000

 Points of Diversion: 12.0R, 11.9R 

Dated:
Date: March 4, 2013

Name: N:\Districts\Contracts\WoodlandDavisCleanWaterAgency\

Woodland-Davis Clean Water Agency and Conway 7422X-R1 2_28_13

0 1 2 3 0.5

Miles

± Woodland-Davis Clean Water Agency

Exhibit B

Contract No. 14-06-200-7422X-R-1

! Point of Diversion

Contractor's Service Area

725-202-156

Conaway Preservation Group LLC

Woodland

Davis

12R

11.9R

SS

AA

CC RRAAMMEENNTTOO RRIIVVEERR
Contract No. 14-06-200-7422X-R-1 

30

Exhibit C 

WOODLAND-DAVIS CLEAN WATER AGENCY 

Sacramento River 

2013 Rescheduling Fee per Acre-Foot1

Agricultural Municipal and Industrial 

 Purposes Purposes 

$8.41 $6.35

 

1

 The Rescheduling Fee is determined annually pursuant to the Central Valley Project Ratesetting Policies.