1 Rev. R.O. Draft 11/14-2006 

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R. O. Draft 10/27-2006 

Amendment to Contract 

No. _______________-LTR1 

[INSERT CONTRACT NO.] 

UNITED STATES 

DEPARTMENT OF THE INTERIOR 

BUREAU OF RECLAMATION 

Central Valley Project, California 

9 AMENDMENT TO LONG-TERM RENEWAL CONTRACT BETWEEN

10 THE UNITED STATES

11 AND

12 _____________________________________________ [INSERT CONTRACTOR NAME] 

13 PROVIDING FOR PROJECT WATER SERVICE FROM FRIANT DIVISION

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 THIS CONTRACT AMENDMENT, is made this __________ day of 

__________________, 20______, in pursuance generally of the Act of Congress of June 17, 

1902 (32 Stat. 388), and the acts amendatory thereof or supplementary thereto, including, but not 

limited to, the Acts of August 26, 1937 (50 Stat. 844), as amended and supplemented, August 4, 

1939 (53 Stat. 1187), as amended and supplemented, July 2, 1956 (70 Stat. 483), June 21, 1963 

(77 Stat. 68), October 12, 1982 (96 Stat. 1263), October 27, 1986 (100 Stat. 3050), as amended, 

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

referred to as Federal Reclamation law, between THE UNITED STATES OF AMERICA, 

hereinafter referred to as the United States, and __________________________[INSERT

CONTRACTOR NAME], hereinafter referred to as the Contractor, a public agency of the State of 

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

 WITNESSETH, That: 
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27 EXPLANATORY RECITALS

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 [1st ] WHEREAS, the United States and the Contractor entered into a contract 

dated ____________________, 20_____, designated Contract No. ___________________-LTR1 

[INSERT CONTRACT NO.], [amended _____, ]1 providing for water service from the Central 

Valley Project, hereinafter referred to as the “Existing Contract;” and 

 [2nd] WHEREAS, pursuant to subdivision (b) of Article 14 of the Existing 

Contract, the terms of the Existing Contract are subject to any enforceable order, judgment and/or 

settlement in NRDC v. Patterson, No. CIVS 88-1658-LKK-EM (now styled Natural Resources 

Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 LKK/GGH) and that the Existing 

Contract shall be timely modified as necessary to effectuate or facilitate any final order, judgment 

or settlement in said litigation; and 

 [3rd] WHEREAS, the parties to said litigation have reached agreement on a 

global resolution of all Claims for Relief in the Seventh Amended Complaint, on the terms and 

conditions stated in the Stipulation of Settlement dated September 13, 2006, designated Exhibit 1 

in the Order Approving Stipulation dated October 23, 2006; and 

 [4th] WHEREAS, the parties hereto desire to amend the Existing Contract as 

required by said Stipulation of Settlement. 

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

herein contained, it is hereby agreed as follows: 

 1. Subdivision (a) of Article 3 of the Existing Contract is deleted in its entirety, and 

the following is substituted in lieu thereof: 

“(a) During each Year, consistent with all applicable State water rights, permits, and 
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licenses, Federal law, and the Stipulation of Settlement dated September 13, 2006, the 

Order Approving Stipulation of Settlement, and the Judgment and further orders 

issued by the Court pursuant to terms and conditions of the Settlement in Natural 

Resources Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 LKK/GGH, 

and subject to the provisions set forth in Articles 11 and 12 of this Contract, the 

Contracting Officer shall make available for delivery to the Contractor ________ acrefeet of 

Class 1 Water and ________ acre-feet of Class 2 Water, both for irrigation and M&I 

purposes.

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 The quantity of Water Delivered to the Contractor in accordance with this 

subdivision shall be scheduled and paid for pursuant to the provisions of Articles 4 

and 7 of this Contract.” 

 2. Subdivision (a) of Article 11 of the Existing Contract is deleted in its entirety, and 

the following is substituted in lieu thereof: 

“(a) Subject to: (i) the authorized purposes and priorities of the Project and the 

requirements of Federal law, and the Stipulation of Settlement dated September 13, 

2006, the Order Approving Stipulation of Settlement, the Judgment and further 

orders issued by the Court pursuant to terms and conditions of the Settlement in 

Natural Resources Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 

LKK/GGH and (ii) the obligations of the United States under existing contracts, or 

renewals thereof, providing for water deliveries from the Project, the Contracting 

1

 This entry is applicable only to LTR1 contracts that were previously amended. 

2 The entries for contract quantity, class/type of water, and purpose are contractor-specific. 
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Officer shall make all reasonable efforts to optimize Project Water deliveries to the 

Contractor as provided in this Contract.” 

3. Subdivision (b) of Article 12 of the Existing Contract is deleted in its entirety, and 

the following is substituted in lieu thereof: 

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

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

or actions taken by the Contracting Officer to meet legal obligations, including but not 

limited to obligations pursuant to the Stipulation of Settlement dated September 13, 

2006, the Order Approving Stipulation of Settlement, the Judgment and further 

orders issued by the Court pursuant to terms and conditions of the Settlement in 

Natural Resources Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 

LKK/GGH then, except as provided in subdivision (a) of Article 18 of this Contract, 

no liability shall accrue against the United States or any of its officers, agents, or 

employees for any damage, direct or indirect, arising therefrom.” 

 4. Subdivision (b) of Article 14 of the Existing Contract is deleted in its entirety, and 

the following is substituted in lieu thereof: 

“(b) The terms of this Contract are subject to the Stipulation of Settlement dated 

September 13, 2006, the Order Approving Stipulation of Settlement, the Judgment and 

further orders issued by the Court pursuant to terms and conditions of the Settlement 

in Natural Resources Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 

LKK/GGH. Nothing in this Contract shall be interpreted to limit or interfere with the 

full implementation of this Settlement, Order, the Judgment and further orders issued 
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by the Court pursuant to terms and conditions of the Settlement.” 

 6. Except as specifically amended herein, the Existing Contract is valid and shall 

continue in full force and effect as originally written and executed. 

 IN WITNESS WHEREOF, the parties hereto have executed this Contract 

Amendment as of the day and year first above written. 

 

THE UNITED STATES OF AMERICA 

By: ______________________________________ 

Regional Director, Mid-Pacific Region 

Bureau of Reclamation 

 [INSERT CONTRACT NAME]

(SEAL) 

By: ______________________________________ 

[INSERT TITLE] 

Attest: 

________________________________ 

 Secretary 

(Final Draft Friant Settlement Amendment revised 11-14-06.doc)