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1

 Confirm consistency with the LTRC prior to execution of this Contract.

1 UNITED STATES

2 DEPARTMENT OF THE INTERIOR

3 BUREAU OF RECLAMATION

4 Central Valley Project, California

5

6 CONTRACT BETWEEN THE UNITED STATES

7 AND

8 GRASSLAND WATER DISTRICT

9 FOR WATER SUPPLY

10 TO LANDS WITHIN

11 THE GRASSLAND RESOURCE CONSERVATION DISTRICT 

12 THIS CONTRACT, made this ___ day of ____________________, 20___, in

13 pursuance generally of the Act of June 17, 1902 (32 Stat. 388) as amended and supplemented;

14 the Act of August 27, 1954 (68 Stat. 879), as amended by the Act of November 8, 1978 (92 Stat.

15 3110, the Act of October 27, 1986 (100 Stat. 3050), and in particular Section 3406(d) of the

16 Central Valley Project Improvement Act (CVPIA), Title XXXIV of the Act of October 30, 1992

17 (106 Stat. 4706) all collectively hereinafter referred to as Federal Reclamation law, between THE

18 UNITED STATES OF AMERICA, represented by the Secretary of the Interior’s duly authorized

representative acting pursuant to this Contract, hereinafter referred to as the Contracting Officer1 19 ,

20 and Grassland Water District, hereinafter referred to as the Contractor, a public agency of the

21 State of California, duly organized, existing, and acting pursuant to the laws thereof, with its

22 principal place of business in Los Banos, California;

23 WITNESSETH, That:
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24 EXPLANATORY RECITALS

25 WHEREAS, the United States has constructed and is operating the Central Valley

26 Project, California (Project), for diversion, storage, carriage, and distribution of the waters of the

27 Sacramento River, the American River, the Trinity River, and the San Joaquin River and their

28 tributaries for the following beneficial uses, including, but not limited to, flood control,

29 irrigation, municipal, domestic, industrial water service, the protection, restoration and

30 enhancement of fish, and wildlife, and associated habitats in the Central Valley, the generation

31 and distribution of electric energy, salinity control, and navigation; and 

32 WHEREAS, the wetlands of the Central Valley have declined to approximately

33 300,000 acres and these remaining wetlands provide critical wildlife habitat and other

34 environmental benefits, and important recreational and educational opportunities; and

35 WHEREAS, the Bureau of Reclamation’s 1989 Refuge Water Supply Report

36 concluded that “... it is clear that each refuge requires a dependable supply of good quality water

37 to facilitate proper wetland habitat management for the migratory birds of the Pacific Flyway and

38 resident wildlife and flora.”; and 

39 WHEREAS, Section 3406(d) of the CVPIA requires the Secretary to provide firm

40 water supplies of suitable quality, through long-term contractual agreements with appropriate

41 parties, to maintain and improve certain wetland habitat areas in the Central Valley

42 in furtherance of the objectives of the Central Valley Habitat Joint Venture and the Central

43 Valley Project to protect, restore and enhance fish and wildlife and associated habitats; and

44 WHEREAS, the directives of Section 3406(d) of the CVPIA have been carried

45 out through a cooperative and collaborative effort between the Bureau of Reclamation and Fish
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46 and Wildlife Service, acting for the Secretary of the Interior, the California Department of Fish

47 and Game, the Grassland Water District, and the Central Valley Habitat Joint Venture partners;

48 and this cooperative and collaborative effort is expected to continue; and

49 WHEREAS, the Contracting Officer has determined that the Grassland Water

50 District is the appropriate party to enter into a long-term contract to provide the firm water

51 supplies allocated to lands within the Grassland Resource Conservation District; and

52 WHEREAS, the Contracting Officer intends to use Project facilities, in part, to

53 provide firm water supplies of suitable quality to maintain and improve the Refuges; and

54 WHEREAS, the parties to this Contract have entered into contract No. 14-06-200-

55 6106, dated September 13, 1956 and contract No. 14-06-200-3447A, dated August 4, 1967

56 pursuant to Federal Reclamation law, which require that the Contracting Officer make available

57 specified quantities of Project Water to the Contractor under terms and conditions set forth in

58 such contracts as supplemented by the additional terms and conditions set forth in contract No.

59 14-06-200-4658A, dated December 27, 1969, as amended on December 6, 1980; and 

60 WHEREAS, the Contractor has demonstrated to the satisfaction of the

61 Contracting Officer that the Contractor has fully utilized the Central Valley Project water

62 supplies available to it for reasonable and beneficial use for fish and wildlife preservation and

63 enhancement (wetland management) and/or the Contracting Officer has concluded through the

64 Bureau of Reclamation’s 1989 Refuge Water Supply Report and the San Joaquin Basin Action

65 Plan/Kesterson Mitigation Action Plan Report that the Contractor has projected future demand

66 for water use such that the Contractor has the capability and expects to fully utilize for reasonable

67 and beneficial use the quantity of water to be made available to it pursuant to this Contract; and
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 Confirm consistency with LTRC prior to execution of this Contract.

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 WHEREAS, the Contracting Officer1 68 and the Contractor are willing to

69 execute this Contract pursuant to subsection 3406(d) of the CVPIA on the terms and conditions

70 set forth below;

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

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

73 DEFINITIONS

74 1. When used herein unless otherwise distinctly expressed, or manifestly 

75 incompatible with the intent of the parties or expressed in this contract, the term:

76 (a) "Calendar Year" shall mean the period January 1 through December 31,

77 both dates inclusive;

78 (b) “Contractor’s Boundary” shall mean the Refuge(s) to which the

79 Contractor is permitted to provide Delivered Water under this contract as identified in Exhibit

80 “A”. Exhibit “A” may be revised without amending this Contract upon mutual agreement of the

81 Contractor and the Contracting Officer;

82 (c) “Contracting Officer” shall mean the Secretary of the Interior’s duly

83 authorized representative acting pursuant to this Contract; 

84 (d) “Critically Dry Year” shall mean any Year in which either of the following

85 eventualities exists:

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

87 water year (October 1 of the preceding Calendar Year through September 30 of the current

88 Calendar Year), as such forecast is made by the Contracting Officer, on or before February 20,
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89 and reviewed as frequently thereafter as conditions and information warrant, is equal to or less

90 than 3,200,000 acre feet: or

91 (2) The total accumulated actual deficiencies below 4,000,000 acre92 feet in the immediately prior water year or series of successive prior water years, each of which

93 had inflows of less than 4,000,000 acre-feet, together with the forecasted deficiency for the

94 current water year exceed 800,000 acre-feet;

95 For the purpose of determining a Critically Dry Year, the computed inflow

96 to Shasta Lake under present upstream development above Shasta Lake shall be used as the full

97 natural inflow to Shasta Lake. In the event that major construction completed above Shasta Lake

98 materially alters the present regimen of the stream systems contributing to Shasta Lake, the

99 computed inflow to Shasta Lake used to define a Critically Dry Year will be adjusted to eliminate

100 the effect of such material alterations.

101 After consultation with the State, the National Weather Service, and other

102 recognized forecasting agencies, the Contracting Officer shall select the forecast to be used and

103 will make the details of it available to the Contractor. The same forecast used by the Contracting

104 Officer for operation of the Project shall be used to make forecasts hereunder.

105 (e) "CVPIA" shall mean the Central Valley Project Improvement 

106 Act, Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706); 

107 (f) "Delivered Water" shall mean the Level 2 Water Supplies and the

108 Incremental Level 4 Water Supplies diverted by the Contractor pursuant to this Contract at the

109 Point(s) of Delivery in accordance with Article 4(c) of this Contract; 
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110 (g) “Hydrologic Circumstances” shall mean the conditions described in

111 subdivision (d) of this Article;

112 (h) “Incremental Level 4 Water Supplies” shall mean the difference between

113 the Level 2 Water Supplies and the Level 4 Water Supplies depicted in Exhibit “B”;

114 (i) "Level 2 Water Supplies" shall mean the quantities of water referred to in

115 section 3406 (d)(1) of the CVPIA and depicted in Exhibit “B”of this Contract;

116 (j) “Level 4 Water Supplies” shall mean the quantities of water referred to in

117 section 3406 (d)(2) of the CVPIA and depicted in Exhibit “B”of this Contract;

118 (k) “Non-Project Facilities” shall mean any non-Project water conveyance or

119 storage facilities;

120 (l) “Non-Project Water” shall mean water or water rights, other than “Project

121 Water”, acquired, appropriated by, transferred to or assigned to the Contractor or, transferred to

122 the United States for delivery to one or more of the Contractor’s Refuges, as identified in Exhibit

123 “B”;

124 (m) “Point(s) of Delivery” shall mean the location(s) established and revised

125 pursuant to Article 5(a) of this Contract , at which Level 2 Water Supplies of Project Water and

126 Incremental Level 4 Water Supplies are deemed to be delivered to the Contractor and at which

127 the Contractor shall assume the responsibility for the further control, carriage, handling, use,

128 disposal or distribution of such water supplies so long as such water supplies are being used in

129 accordance with the terms and conditions of this Contract; 

130 (n) “Project” shall mean the Central Valley Project owned by the United

131 States and managed by the Department of the Interior, Bureau of Reclamation;
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132 (o) “Project Water” shall mean all water that is developed, diverted, stored, or

133 delivered by the Secretary in accordance with the statutes authorizing the Central Valley Project

134 and in accordance with the terms and conditions of applicable water rights acquired pursuant to

135 California law;

136 (p) “Refuge(s)” shall mean the lands in the units of the National Wildlife

137 Refuge System in the Central Valley of California; Gray Lodge, Los Banos, Volta, North

138 Grasslands and Mendota state wildlife management areas; and the Grassland Resource

139 Conservation District all identified in the Refuge Water Supply Report and the land(s) identified

140 in the San Joaquin Basin Action Plan/Kesterson Mitigation Action Plan Report prepared by the

141 Bureau of Reclamation as set forth in Section 3406(d) of the CVPIA and/or as amended in

142 accordance with subdivision (b) of this Article; 

143 (q) “Refuge Water Supply Report” shall mean the report issued by the Mid144 Pacific Region of the Bureau of Reclamation of the United States Department of the Interior

145 entitled “Report on Refuge Water Supply Investigations, Central Valley Hydrologic Basin,

146 California” (March 1989);

147 (r) "Secretary" shall mean the Secretary of the Interior, a duly appointed

148 successor, or an authorized representative acting pursuant to any authority of the Secretary

149 through any agency of the Department of the Interior;

150 (s) "Year" shall mean the period from and including March 1 of

151 each Calendar Year through the last day of February of the following Calendar Year;

152 TERM OF CONTRACT 
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153 2. (a) This contract shall be effective on March 1, 2001 and shall remain in effect

154 through February 28, 2026.

155 (b) Upon request by the Contractor, this Contract shall be renewed for successive

156 periods of twenty-five (25) years each, subject to the terms and conditions mutually agreeable to

157 the parties. The Contractor shall request renewal of the Contract at least two (2) years prior to the

158 date on which this Contract expires.

159 (c) So long as this Contract, or a renewal of this Contract pursuant to Article 2(b) of

160 this Contract, is in effect, the contracts referred to in the eighth Explanatory Recital of this

161 Contract, shall be suspended and shall be of no force or effect.

162 WATER TO BE MADE AVAILABLE AND DELIVERED TO THE CONTRACTOR

163 3. (a) During each Year, consistent with State water rights, permits and licenses,

164 federal law, and subject to the provisions set forth in Articles 8 and 9 of this Contract, the

165 Contracting Officer shall, at the established Point(s) of Delivery, make available and/or convey to

166 the Contractor the maximum quantities of Project Water and Non-Project Water, respectively,

167 required to provide each of the Refuges with the Level 2 Water Supplies set forth in Exhibit “B”

168 and the Incremental Level 4 Water Supplies set forth in Exhibit “B”. The quantities of Level 2

169 Water Supplies and Incremental Level 4 Water Supplies made available and/or conveyed to the

170 Contractor shall be scheduled in accordance with the provisions of Article 4 of this Contract;

171 Provided, that in light of the fact that, Section 3406(d)(2) of the CVPIA provides that the

172 Incremental Level 4 Water Supplies shall be acquired in cooperation with the State of California

173 and in consultation with the Central Valley Habitat Joint Venture and other interests in

174 cumulating increments of not less than ten percent per annum, from the date the CVPIA was
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175 enacted, through voluntary measures which include, but are not limited to, water conservation,

176 conjunctive use, purchase, lease, donations, or similar activities, or a combination of such

177 activities which do not require involuntary reallocation of Project yield, water being provided as

178 all or part of the Incremental Level 4 Water Supplies for each of the Refuges can be made

179 available only to the extent that the Contracting Officer is able to acquire the Incremental Level 4

180 Water Supplies from willing sources; Accordingly, the Contracting Officer shall use his/her best

181 efforts to acquire the Incremental Level 4 Water Supplies and shall coordinate acquisitions of

182 Level 4 Water Supplies with acquisitions of Environmental Water Account (EWA) water

183 pursuant to the Operating Principles Agreement, dated August 28,2000 attached to the Record of

184 Decision for the CALFED Bay-Delta Program, dated August 28, 2000 and/or other acquisitions

185 of water for environmental purposes to ensure that acquisitions of Incremental Level 4 Water

186 Supplies have a priority at least equal to acquisitions of EWA and/or other environmental water

187 each Year. The Contracting Officer also agrees that the Interagency Refuge Management Team

188 shall be included among the interests consulted in acquiring Incremental Level 4 Water Supplies. 

189 (b) Omitted from this Contract.

190 (c) The Contractor shall comply with requirements applicable to the Contractor in

191 biological opinion(s) prepared as a result of a consultation regarding the execution of this

192 Contract undertaken pursuant to Section 7 of the Endangered Species Act of 1973, as amended,

193 that are within the Contractor’s legal authority to implement. The Contractor shall comply with

194 the limitations or requirements imposed by environmental documentation applicable to the

195 Contractor and within its legal authority to implement. Nothing herein shall be construed to

196 prevent the Contractor from challenging or seeking judicial relief in a court of competent
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197 jurisdiction with respect to any Biological Opinion or other environmental documentation

198 referred to in this Article. 

199 (d) The Contractor shall make reasonable and beneficial use of all Delivered

200 Water furnished pursuant to this Contract consistent with the wetland habitat water management

201 plan(s) described in Article 17 of this Contract. 

202 (e) In order to maximize water available to Refuges and better manage such

203 water, the Contractor may request the Contracting Officer’s permission to reschedule a portion

204 of the Level 2 Water Supplies and/or a portion of the Incremental Level 4 Water Supplies made

205 available to the Contractor for use within the Contractor’s Boundary during the current Year for

206 use within the subsequent Year. The Contracting Officer may permit such rescheduling in

207 accordance with applicable law, and the then-current applicable rescheduling guidelines and

208 policies. Upon execution of this Contract, the Contracting Officer shall have adopted

209 amendments to any applicable rescheduling guidelines and policies to provide for the

210 rescheduling of refuge water in accordance with this Article. After execution of this Contract

211 and annually thereafter, the Contracting Officer shall provide the Contractor with a copy of the

212 then-current rescheduling guidelines and policies.

213 (f) The Contracting Officer shall not interfere with the Contractor's right

214 pursuant to Federal Reclamation law and applicable California law to the beneficial use of water

215 furnished pursuant to this Contract so long as the Contractor fulfills all of its obligations under

216 this Contract. A reduction in water supplies pursuant to Article 9 of this Contract shall not be

217 deemed to constitute such interference.

218 TIME FOR DELIVERY OF WATER
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219 4. (a) On or about February 20 of each Calendar Year, the Contracting Officer

220 shall provide the Contractor, in writing, with a preliminary forecast of whether the upcoming

221 Year will be a Critically Dry Year; and, if a Critically Dry Year is forecast, the extent to which

222 Level 2 Water Supplies to be made available to the Contractor during the upcoming Year are to

223 be shorted pursuant to Article 9 of this Contract; and the amount of Incremental Level 4 Water

224 Supplies estimated to be made available to the Contractor pursuant to this Contract for the

225 upcoming Year. The forecast will be updated monthly, as necessary, based on then-current

226 hydrologic conditions. Upon the request of the Contractor, the Contracting Officer shall make

227 available to the Contractor the data on which the Contracting Officer relied to determine whether

228 the Year in question will or will not be a Critically Dry Year and to determine the amounts of

229 Level 2 Water Supplies and Incremental Level 4 Water Supplies to be made available to the

230 Contractor pursuant to this Contract during a Critically Dry Year.

231 

232 (b) Based on the forecast(s) referred to in subdivision (a) of this Article, on or before

233 March 1 of each Calendar Year, the Contractor shall submit to the Contracting Officer a written

234 schedule, satisfactory to the Contracting Officer, showing both the monthly and annual quantities

235 of Level 2 Water Supplies and Incremental Level 4 Water Supplies to be delivered by the

236 Contracting Officer to each of the Refuges pursuant to this Contract. Each schedule shall be

237 updated on a monthly basis to reflect actual use and remaining estimated needs. 

238 (c) In accordance with subdivision (a) of Article 3 of this Contract, the Contracting

239 Officer shall make available and/or convey Level 2 Water Supplies and Incremental Level 4

240 Water Supplies for diversion by the Contractor at the Points of Delivery in accordance with the
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241 schedule submitted by the Contractor pursuant to subdivision (b) of this Article, or any written

242 revision(s) thereto, mutually agreed to by the Contracting Officer and the Contractor which are

243 submitted to the Contracting Officer within a reasonable time prior to the date(s) on which the

244 requested change(s) is/are to be implemented.

245 POINT OF DIVERSION, MEASUREMENT AND RESPONSIBILITY FOR DISTRIBUTION 

246 OF WATER

247 5. (a) The original Point(s) of Delivery shall be established by written mutual

248 agreement of the Contractor and the Contracting Officer. Such Point(s) of Delivery may be

249 revised without amending this Contract upon written mutual agreement of the Contracting

250 Officer and the Contractor.

251 (b) All water delivered to the Contractor pursuant to this Contract is to be

252 measured at the Point(s) of Delivery to reflect the quantities of Level 2 Water Supplies and

253 Incremental Level 4 Water Supplies delivered to the Contractor’s Boundary. Upon the request of

254 the Contractor or on the Contracting Officer’s own initiative, the Contracting Officer shall

255 investigate the accuracy of such measurements and the parties will jointly take any necessary

256 steps to adjust any errors appearing therein. For any period of time when accurate measurement

257 has not been made, the Contracting Officer shall consult with the Contractor prior to making a

258 determination of the quantity of Delivered Water for that period of time. The Contractor shall

259 advise the Contracting Officer on or before the 10th calendar day of each month of the quantities

260 of Level 2 Water Supplies and Incremental Level 4 Water Supplies taken during the preceding

261 month at the Point(s) of Delivery.
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262 (c) The Contracting Officer shall not be responsible for the control, carriage,

263 handling, use, disposal, or distribution of water delivered to the Contractor pursuant to this

264 Contract beyond the Point(s) of Delivery specified in subdivision (a) of this Article. 

265 POOLING OF WATER SUPPLIES

266 6. (a) Whenever the maximum quantities of Level 2 Water Supplies and/or the

267 Incremental Level 4 Water Supplies depicted in Exhibit “B” are reduced pursuant to Article 9 of

268 this Contract, the remaining Level 2 Water Supplies and/or the Incremental Level 4 Water

269 Supplies may be pooled for use on other Refuge(s); Provided, that no individual Refuge shall

270 receive more Level 2 Water Supplies than would have been made available to it absent a

271 reduction pursuant to Article 9 of this Contract; or be reduced by more than twenty-five (25)

272 percent; Provided further, that the Contracting Officer makes a written determination that pooling

273 of water for use on other Refuge(s) would not have an adverse impact, that cannot be reasonably

274 mitigated, on Project operations, other Project Contractors, or other Project purposes; Provided

275 further, that the Contracting Officer determines that such reallocation is permitted under the

276 terms and conditions of the applicable underlying water right permit and/or license; and

277 Provided still further, that water made available under this contract may not be scheduled for

278 delivery outside the Contractor’s Boundary without prior written approval of the Contracting

279 Officer.

280 (b) An Interagency Refuge Water Management Team, to be chaired by the

281 Contracting Officer and to be established upon execution of this Contract, shall be entitled to

282 collaboratively allocate the pooled water supplies and provide a schedule for delivery of the

283 pooled supplies to meet the highest priority needs of the Refuge(s) as depicted in Exhibit “B”;
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284 Provided, however, nothing in this Article is intended to require the Contractor to pool the water

285 supply provided for in this Contract. The Interagency Refuge Water Management Team shall be

286 composed of designees of the Bureau of Reclamation, the United States Fish and Wildlife

287 Service, the California Department of Fish and Game, and the Grassland Water District.

288 TRANSFERS, REALLOCATIONS OR EXCHANGES OF WATER 

289 7. Subject to the prior written approval of the Contracting Officer, the Project Water

290 made available under this Contract may be transferred, reallocated or exchanged in that Year to

291 other Refuge(s) if such transfer, reallocation or exchange is requested by the Contractor and is

292 authorized by applicable Federal and California State laws, and then-current applicable

293 guidelines or regulations.

294 TEMPORARY REDUCTIONS--RETURN FLOWS

295 8. (a) Consistent with the authorized purposes and priorities of the Project and

296 the requirements of Federal law, the Contracting Officer shall make all reasonable efforts to

297 optimize water deliveries to the Contractor as provided in this Contract.

298 (b) The quantity of water to be delivered to the Contractor as herein provided

299 may be temporarily discontinued or reduced when investigation, inspection, maintenance, repair,

300 or replacement of any of the Project facilities and/or Non-Project Facilities or any part thereof

301 necessary for the delivery of water to the Contractor is required. The Contracting Officer shall

302 give and/or arrange to have the owner/operator of Non-Project Facilities give the Contractor due

303 written notice in advance of such temporary discontinuance or reduction, except in case of an

304 emergency, when no advance notice is possible, in which case the Contracting Officer shall
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305 notify and/or arrange to have the owner/operator of the Non-Project Facilities notify the

306 Contractor of said discontinuance or reduction as soon as is feasible; Provided, that the

307 Contracting Officer shall use its best efforts to avoid any discontinuance or reduction in such

308 service. Upon resumption of service after such reduction or discontinuance, and if requested by

309 the Contractor, the Contracting Officer will make all reasonable efforts, consistent with other

310 obligations and operational constraints, to deliver the quantity of water which would have been

311 delivered hereunder in the absence of such discontinuance or reduction.

312 (c) The United States reserves the right to all seepage and return flow water

313 derived from Delivered Water which escapes or is discharged beyond the Contractor’s Boundary; 

314 Provided, that this shall not be construed as claiming for the United States any right to seepage or

315 return flow being put to beneficial use pursuant to this contract within the Contractor’s Boundary

316 by the Contractor or those claiming by, through, or under the Contractor.

317 WATER SHORTAGE AND APPORTIONMENT

318 9. (a) In a Critically Dry Year, the Contracting Officer may temporarily reduce,

319 for that Year, the availability of Level 2 Water Supplies up to twenty-five (25) percent of the

320 maximum quantities set forth in Exhibit “B” whenever reductions due to Hydrologic 

321 Circumstances are imposed upon agricultural deliveries of Project Water; Provided, that such

322 reductions shall not exceed in percentage terms the reductions imposed on agricultural service

323 contractors. The quantity of Non-Project Water available to one or more of the Refuges as part of

324 its/their Level 2 Water Supplies may be reduced by more than twenty-five (25) percent in Years

325 when the quantity of Project Water made available to the Contractor can be reduced by no more

326 than twenty-five (25) percent. In such cases, the Contracting Officer shall make up the supply
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327 difference with water supplies provided by the Contracting Officer to ensure that Level 2 Water

328 Supplies from all sources are not reduced by more than twenty-five (25) percent.

329 (b) Reductions in the Level 2 Water Supplies to be made available to the

330 individual Refuge(s) pursuant to this Contract, shall be imposed only in a Critically Dry Year.

331 For the Incremental Level 4 Water Supplies provided from Non-Project Water and Project 

332 Water, reductions shall be imposed in accordance with the priority or priorities that were applied

333 to such Non-Project Water and the shortages assigned to Project Water prior to its transfer or

334 acquisition as Incremental Level 4 Water Supplies.

335 RULES AND REGULATIONS

336 10. The parties agree that the delivery of water pursuant to this Contract is subject to

337 Federal Reclamation law, as may be amended and supplemented, as applicable, and the rules and

338 regulations promulgated by the Secretary of the Interior under Federal Reclamation law. 

339 WATER AND AIR POLLUTION CONTROL

340 11. The Contractor, in carrying out this contract, shall comply with all applicable

341 water and air pollution laws and regulations of the United States and the State of California, and

342 shall obtain all required permits or licenses from the appropriate Federal, State, or local

343 authorities.

344 QUALITY OF WATER

345

346 12. (a) Consistent with other legal obligations, the water delivered by the

347 Contracting Officer to the Contractor pursuant to this Contract shall be of suitable quality to

348 maintain and improve wetland habitat areas and of comparable quality to water provided to other

349 Project purposes within the same geographical areas; Provided, that the Contracting Officer is

350 under no obligation to construct or furnish water treatment facilities to maintain or to improve
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351 the quality of the water furnished to the Contractor pursuant to this contract. The quality of

352 Delivered Water may be monitored by the Contractor at the Point(s) of Delivery on an as needed

353 basis. Should the Contracting Officer, in consultation with the Contractor, determine that the

354 Level 2 Water Supplies and/or the Level 4 Water Supplies to be made available to the Contractor

355 pursuant to this Contract during all or any part of a Year will not be of the quality that the

356 Contractor feels is suitable to maintain and improve wetland habitat areas, the Contractor and the

357 Contracting Officer shall meet within 48 hours or at a time mutually agreeable to the parties and

358 determine the appropriate actions necessary to identify and address the source of the water

359 quality problems. 

360 (b) The operation and maintenance of Project facilities shall be performed in

361 such manner as is practicable to maintain the quality of raw water made available through such

362 facilities at the highest level reasonably attainable as determined by the Contracting Officer. The

363 Contractor shall be responsible for compliance with all State of California and Federal water

364 quality standards and directives applicable to surface return flows arising from water conveyed to

365 the Refuges pursuant to this Contract. This Contract does not create any obligation on the

366 Contracting Officer to provide drainage services.

367 USE OF NON-PROJECT FACILITIES FOR WATER DELIVERY

368 13. Any use of Non-Project Facilities, including use of State Water Project facilities

369 pursuant to Joint Point of Diversion or other use of State Water Project facilities to deliver the

370 water supplies provided for in the Contract, or any agreement for the use of such Non-Project

371 Facilities, shall in no way alter the obligation of the Contracting Officer to make available and

372 deliver water supplies in accordance with all of the terms and conditions of this Contract. In
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373 addition, any costs incurred in the use of Non-Project Facilities to deliver water supplies pursuant

374 to this Contract shall be paid for in accordance with Section 3406(d)(3) of the CVPIA.

375 OPINIONS AND DETERMINATIONS

376 14. (a) Where the terms of this Contract provide for actions to be based upon the

377 opinion or determination of either party to this Contract, said terms shall not be construed as

378 permitting such action to be predicated upon opinions or determinations that are arbitrary,

379 capricious or unreasonable. Both parties, notwithstanding any other provisions of this Contract,

380 expressly reserve the right to seek relief from and appropriate adjustment for any such arbitrary,

381 capricious, or unreasonable opinion or determination. Each opinion or determination by either

382 party shall be provided in a timely manner. Nothing in this subdivision of this Article is intended

383 to or shall affect or alter the standard of judicial review applicable under federal law to any

384 opinion or determination implementing a specific provision of federal law embodied in statute or

385 regulation.

386 (b) Both parties to this Contract shall have the right to make determinations

387 necessary to administer this Contract that are consistent with the provisions of this Contract, the

388 laws of the United States and of California, and the rules and regulations promulgated by the

389 Secretary of the Interior. Each party shall make such determinations in consultation with the

390 other party to the extent reasonably practicable.

391 EQUAL OPPORTUNITY

392 15. During the performance of this contract, the Contractor agrees as follows:

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

394 employment because of race, color, religion, sex, or national origin. The Contractor will take

395 affirmative action to ensure that applicants are employed, and that employees are treated during
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396 employment, without regard to their race, color, religion, sex, or national origin. Such action

397 shall include, but not be limited to, the following: Employment, upgrading, demotion, or

398 transfer; recruitment or recruitment advertising; layoff or termination, rates of payment or other

399 forms of compensation; and selection for training, including apprenticeship. The Contractor

400 agrees to post in conspicuous places, available to employees and applicants for employment,

401 notices to be provided by the Contracting Officer setting forth the provisions of this

402 nondiscrimination clause.

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

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

405 consideration for employment without discrimination because of race, color, religion, sex, or

406 national origin.

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

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

409 to be provided by the Contracting Officer, advising the said labor union or workers'

410 representative of the Contractor's commitments under Section 202 of Executive Order 11246 of

411 September 24, 1965, and shall post copies of the notice in conspicuous places available to

412 employees and applicants for employment.

413 (d) The Contractor will comply with all provisions of Executive Order No.

414 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of

415 the Secretary of Labor.

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

417 amended Executive Order and by the rules, regulations, and orders of the Secretary of Labor, or

418 pursuant thereto, and will permit access to its books, records, and accounts by the Contracting

419 Officer and the Secretary of Labor for purposes of investigation to ascertain compliance with

420 such rules, regulations, and orders.

421 (f) In the event of the Contractor's noncompliance with the nondiscrimination

422 clauses of this contract or with any of the said rules, regulations, or orders, this contract may be

423 canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared

424 ineligible for further Government contracts in accordance with procedures authorized in said

425 amended Executive Order, and such other sanctions may be imposed and remedies invoked as

426 provided in said Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as

427 otherwise provided by law.

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

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

430 Secretary of Labor issued pursuant to Section 204 of said amended Executive Order, so that such

431 provisions will be binding upon each subcontractor or vendor. The Contractor will take such

432 action with respect to any subcontract or purchase order as may be directed by the Secretary of
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433 Labor as a means of enforcing such provisions, including sanctions for noncompliance: 

434 Provided, however, That in the event the Contractor becomes involved in, or is threatened with,

435 litigation with a subcontractor or vendor as a result of such direction, the Contractor may request

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

437 COMPLIANCE WITH CIVIL RIGHTS LAWS

438 AND REGULATIONS

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

440 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1975 (P.L. 93-112, as amended), the

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

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

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

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

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

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

447 receiving financial assistance from the Bureau of Reclamation. By executing this contract, the

448 Contractor agrees to immediately take any measures necessary to implement this obligation,

449 including permitting officials of the United States to inspect premises, programs, and documents.

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

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

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

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

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

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

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

457 enforcement thereof.

458 WATER CONSERVATION

459 17. (a) The Contractor shall prepare individual refuge wetland habitat water

460 management plan(s) in order to ensure the effective use of water supplies to meet wetland

461 resource needs and to meet the objectives of the Central Valley Habitat Joint Venture and the

462 purposes of the CVPIA to maintain and improve certain Central Valley wetland habitat areas.

463 Criteria to prepare and evaluate refuge wetland habitat water management plan(s) shall be
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464 developed by the Interagency Refuge Water Management Team within one (1) year of the

465 execution of this Contract, and reviewed and updated every five (5) years thereafter taking into

466 consideration the provisions of the Interagency Coordinated Program Task Force report dated

467 June 1998. The criteria shall include economically feasible water management measures which

468 can improve the Contractors’ efficient use of water in a manner appropriate for wetland and

469 wildlife management, and shall also include time schedules for meeting the water use efficiency

470 and conservation objectives. The criteria shall grant substantial deference to on-going state

471 efforts related to wetlands water management and shall take into account the unique requirements

472 associated with water use for the maintenance and enhancement of wetland and wildlife habitat.

473 The Contractor shall make all reasonable efforts, consistent with appropriate limitations

474 recognized in Article 19 of this Contract, to complete the original wetland habitat water

475 management plan(s) within one (1) year of the establishment of the criteria. The Contracting

476 Officer will review and determine if the wetland habitat water management plan(s) meet the

477 established criteria for evaluating said plan within ninety (90) days of receipt of each plan.

478 (b) Prior to the Contractor being afforded opportunities such as pooling

479 and rescheduling of water supplies pursuant to Articles 3 and 6 of this Contract, the Contractor

480 must be implementing a wetland habitat water management plan that has been determined by the

481 Contracting Officer to meet the established criteria developed pursuant to subdivision (a) of this

482 Article for preparing and evaluating said plan. Continued pooling and rescheduling benefits

483 pursuant to Articles 3 and 6 of this Contract shall be contingent upon the Contractor’s continued

484 implementation of such wetland habitat water management plans. In the event the Contracting

485 Officer determines the Contractor is unable to implement its wetland habitat water management
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486 plan, due to circumstances beyond its control, the pooling and rescheduling benefits of Articles 3

487 and 6 of this Contract shall be continued so long as the Contractor diligently works with the

488 Contracting Officer to obtain such determination at the earliest practicable date and thereafter

489 the Contractor begins implementing its wetland habitat water management plan immediately

490 after the circumstances preventing implementation have ceased.

491 (c) In the event that implementation of the wetland habitat water management

492 plan(s) prepared pursuant to subdivision (a) of this Article results in water savings, all conserved

493 water supplies may be transferred/reallocated, under the terms and conditions of this Contract, to

494 other wetland, wildlife and fishery needs in accordance with the recommendations of the

495 Interagency Refuge Water Management Team established pursuant to Article 6 of this Contract;

496 Provided, that the Contracting Officer makes a written determination that such

497 transfer/reallocation of conserved water would not have an adverse impact, that cannot be

498 reasonably mitigated, on Project operations, other Project contractors or other Project purposes;

499 Provided further, that the transfer/reallocation is requested by the Contractor and the Contracting

500 Officer determines that the transfer/reallocation is authorized by applicable laws, and then501 current applicable guidelines and/or regulations.

502 (d) The Contractor shall submit to the Contracting Officer an annual update

503 on the status of its implementation of the wetland habitat water management plan(s) for the

504 previous Water Year.

505 (e) At five (5) year intervals, the Contractor shall revise its wetland habitat

506 water management plan(s), as necessary, to reflect the then-current criteria for preparing and

507 evaluating said plans and submit such revised plan(s). Upon completion of such revised plan(s),
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508 the Contractor shall submit such revised plan(s) to the Contracting Officer for review and so the

509 Contracting Officer can determine whether such plan(s) meet the then-current criteria. 

510 EXISTING OR ACQUIRED WATER OR WATER RIGHTS

511 18. Except as provided in subdivision (b) of Article 3, the exercise of existing water

512 rights by the Contractor, or its acquisition of additional water or water rights from other than the

513 United States, shall not alter the obligation of the Contracting Officer to provide the maximum

514 quantities of Level 2 Water Supplies and Incremental Level 4 Water Supplies under subdivision

515 (a) of Article 3 of this Contract. 

516 CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS

517 19. The expenditure or advance of any money or the performance of any obligation of

518 the United States under this contract shall be contingent upon appropriation or allotment of

519 funds. Absence of appropriation or allotment of funds shall not relieve the Contractor from any

520 obligations under this contract. No liability shall accrue to the United States in case funds are not

521 appropriated or allotted.

522

523 BOOKS, RECORDS, AND REPORTS

524 20. (a) The Contractor shall establish and maintain accounts and other books and

525 records pertaining to administration of the terms and conditions of this contract, including: the

526 Contractor's financial transactions, water supply data, and right-of-way agreements; and other

527 matters that the Contracting Officer may require. Reports thereon shall be furnished to the

528 Contracting Officer in such form and on such date or dates as the Contracting Officer may

529 require. Subject to applicable Federal laws and regulations, each party to this contract shall have

530 the right during office hours to examine and make copies of the other party's books and records

531 relating to matters covered by this contract.

532 (b) Notwithstanding the provisions of subdivision (a) of this Article, no books, records,

533 or other information shall be requested from the Contractor by the Contracting Officer unless

534 such books, records, or information are reasonably related to the administration or performance
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535 of this Contract. Any such request shall allow the Contractor a reasonable period of time within

536 which to provide the requested books, records, or information.

537 ASSIGNMENT LIMITED--SUCCESSORS AND ASSIGNS OBLIGATED

538 21. (a) The provisions of this contract shall apply to and bind the successors and

539 assigns of the parties hereto, but no assignment or transfer of this contract or any right or interest

540 therein shall be valid until approved in writing by the Contracting Officer.

541 (b) The assignment of any right or interest in this contract by either party shall

542 not interfere with the rights or obligations of the other party to this contract absent the written

543 concurrence of said other party.

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

545 his/her approval of any proposed assignment.

546 LIABILITY

547 22. (a) The Contractor shall not assert that the United States, its officers, agents

548 and employees are responsible for legal liability for damages of any nature whatsoever arising

549 out of any actions or omissions by the Contractor, its officers, agents and employees in the

550 performance of this Contract.

551 (b) The United States shall not assert that the Contractor, its officers, agents

552 and employees are responsible for legal liability for damages of any nature whatsoever arising

553 out of any actions or omissions by the United States, its officers, agents and employees in the

554 performance of this Contract. 
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555 (c) Within thirty (30) days of receipt by either party of any claim for liability

556 arising from actions within the scope of this Contract, the party receiving the claim shall notify

557 the other party of such claim and provide a copy of the claim to the other party, if it is in written

558 form. Nothing in this Article shall be construed to limit the right of either party to assert such

559 affirmative defenses and file such cross complaints as may be appropriate in relation to any claim

560 affecting the liability of such party.

561 OFFICIALS NOT TO BENEFIT

562 23. No Member of or Delegate to Congress, Resident Commissioner, or official of the

563 Contractor shall benefit from this contract.

564

565 CERTIFICATION OF NONSEGREGATED FACILITIES

566 24. The Contractor hereby certifies that it does not maintain or provide for its

567 employees any segregated facilities at any of its establishments, and that it does not permit its

568 employees to perform their services at any location, under its control, where segregated facilities

569 are maintained. It certifies further that it will not maintain or provide for its employees any

570 segregated facilities at any of its establishments, and that it will not permit its employees to

571 perform their services at any location, under its control, where segregated facilities are

572 maintained. The Contractor agrees that a breach of this certification is a violation of the Equal

573 Opportunity clause in this contract. As used in this certification, the term "segregated facilities"

574 means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating

575 areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking

576 fountains, recreation or entertainment areas, transportation, and housing facilities provided for

577 employees which are segregated by explicit directive or are in fact segregated on the basis of

578 race, creed, color, or national origin, because of habit, local custom, or otherwise. The

579 Contractor further agrees that (except where it has obtained identical certifications from proposed

580 subcontractors for specific time periods) it will obtain identical certifications from proposed

581 subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from

582 the provisions of the Equal Opportunity clause; that it will retain such certifications in its files;

583 and that it will forward the following notice to such proposed subcontractors (except where the

584 proposed subcontractors have submitted identical certifications for specific periods):
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585 FEDERAL LAWS

586 25. By entering into this Contract, the Contractor does not waive its rights to contest

587 the validity or application of, or compliance with, any federal law or regulation in connection

588 with the performance of the terms and conditions of this Contract , nor does the Contractor waive

589 any rights it may have to seek enforcement of obligations of the Secretary to provide water

590 supplies to the Contractor under federal law independent of this Contract; Provided, that the

591 Contractor agrees to comply with the terms and conditions of this Contract unless and until relief

592 from or compliance with application of such Federal law or regulation to the implementing

593 provision of the Contract is granted by a court of competent jurisdiction.

594 NOTICES

595 26. Any notice, demand, or request authorized or required by this contract shall be

596 deemed to have been given, on behalf of the Contractor, when mailed, postage prepaid, or

597 delivered to the Area Manager __________________________________________ , and on

598 behalf of the United States, when mailed, postage prepaid, or delivered to the ___________of the

599 ____________________________. The designation of the addressee or the address may be

600 changed by notice given in the same manner as provided in this Article for other notices.

601 IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day

602 and year first above written.

603 THE UNITED STATES OF AMERICA

604 By: ___________________________________

605 Regional Director, Mid-Pacific Region

606 Bureau of Reclamation

607 (SEAL) GRASSLAND WATER DISTRICT

608 By: ___________________________________

609 President/Director
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610 Attest 

611 By: _______________________________

612 Secretary