1 R. O. Draft 12/12-2003 

2 R. O. Draft 11/06-2003 

3 Irrigation and/or M&I 

4 Contract No. 

5 14-06-200-4305A-IR8 

6 UNITED STATES 

7 DEPARTMENT OF THE INTERIOR 

8 BUREAU OF RECLAMATION 

9 Central Valley Project, California 

10 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES

11 AND

12 BANTA-CARBONA IRRIGATION DISTRICT

13 PROVIDING FOR PROJECT WATER SERVICE

THIS CONTRACT, made this 27th 14 day of February , 2004, in 

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

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

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

18 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), as amended and Title XXXIV of 

19 the Act of October 30, 1992 (106 Stat. 4706), all collectively hereinafter referred to as Federal 

20 Reclamation law, between THE UNITED STATES OF AMERICA, hereinafter referred to as the 

21 United States, and BANTA-CARBONA IRRIGATION DISTRICT, hereinafter referred to as the 

22 Contractor, a public agency of the State of California, duly organized, existing, and acting pursuant to 

23 the laws thereof, with its principal place of business in Tracy, California; 

24 WITNESSETH, That: 

25 EXPLANATORY RECITALS

26 WHEREAS, the United States and the Contractor entered into an interim renewal 

27 contract identified as Contract No. 14-06-200-4305A-IR5, hereinafter referred to as the Interim 

28 Renewal Contract, which provided for the continued water service to the Contractor following 

29 expiration of Contract No. 14-06-200-4305A; and 
2 

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

31 renewals of the Interim Renewal Contract, the most recent of which is Contract No. 14-06-200-

32 4305A-IR7, hereinafter referred to as the Existing Interim Renewal Contract from March 1, 2003, 

33 through February 29, 2004; and 

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

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

36 renewal contract would be beneficial, and mutually commit to continue to negotiate to seek to reach 

37 agreement, but anticipate that the environmental documentation necessary for execution of any 

38 long-term renewal contract will be delayed at least an additional 7 months, and may be delayed 

39 further for reasons beyond the control of the parties; and 

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

41 pursuant to Subdivision (b)(1) of Article 2 of the Interim Renewal Contract and Article 1 of the 

42 Existing Interim Renewal Contract; and 

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

44 fulfilled all of its obligations under the Existing Interim Renewal Contract; and 

45 WHEREAS, the United States is willing to renew the Existing Interim Renewal 

46 Contract pursuant to the terms and conditions set forth below; 

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

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

49 INCORPORATION AND REVISION OF EXISTING INTERIM RENEWAL CONTRACT

50 1. The terms and conditions of the Existing Interim Renewal Contract are hereby 

51 incorporated by reference into this Contract with the same force and effect as if they were included 

52 in full text with the exception of Article 1 thereof, which is revised as follows: 

53 (a) The first sentence in Subdivision (a) of Article 1 of the Existing Interim 

54 Renewal Contract is modified as follows: AThis interim renewal contract shall be effective from 
3 

55 March 1, 2004, and shall remain in effect through February 28, 2006, and thereafter will be renewed 

56 as described in Subdivision (a) of Article 2 of the Interim Renewal Contract if a long-term renewal 

57 contract has not been executed with an effective commencement date of March 1, 2006; Provided, 

58 that if a long-term renewal contract has been executed with an effective commencement date of 

59 March 1, 2005, this interim renewal contract shall expire on February 28, 2005." 

60 (b) Subdivision (b) of Article 1 of the Existing Interim Renewal Contract is 

61 amended by deleting the date AFebruary 15, 2004,@ and replacing same with the date 

62 AFebruary 15, 2006.@ 

63 (c) Subdivision (c) of Article 1 of the Existing Interim Renewal Contract is 

64 amended by deleting the dates AFebruary 1, 2004,@ AFebruary 15, 2004,@ and AFebruary 29, 2004,@

65 and replacing same with the dates AFebruary 1, 2006,@ AFebruary 15, 2006,@ and AFebruary 28, 

66 2006,@ respectively. 

67 IN WITNESS WHEREOF, the parties hereto have executed this interim renewal 

68 contract as of the day and year first above written. 

69 THE UNITED STATES OF AMERICA 

70 By: /s/ Kirk C. Rodgers 

71 Regional Director, Mid-Pacific Region 

72 Bureau of Reclamation 

73 (SEAL) BANTA-CARBONA IRRIGATION DISTRICT 

74 By: /s/ James M. McLeod 

75 President 

76 Attest: 

77 

78 /s/ Margaret G. Howe 

79 Secretary