1 R. O. Draft 12/12-2003 

2 R. O. Draft 11/06-2003 

3 Irrigation and/or M&I 

4 Contract No. 

5 14-06-200-3365A-IR8-A 

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 MERCY SPRINGS WATER 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 MERCY SPRINGS WATER DISTRICT, hereinafter referred to as the Contractor, a 

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

23 thereof, with its principal place of business in Firebaugh, 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. 14-06-200-3365A-IR5-A, hereinafter referred to as the Interim 
2

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

29 of Contract No. 14-06-200-3365A; and 

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

31 of the Interim Renewal Contract, the most recent of which is Contract No. 14-06-200-3365A-IR7-A,

32 hereinafter referred to as the Existing Interim Renewal Contract from March 1, 2003, through 

33 February 29, 2004; and 

34 WHEREAS, the Contractor entered into the “Agreement for Partial Assignment of Water 

35 Service Contract” dated May 14, 1999, assigning 6,260 acre-feet of its contract water supply to Pajaro 

36 Valley Water Management Agency, Westlands Water District Distribution District No. 1, and Santa 

37 Clara Valley Water District; and 

38 WHEREAS, the Contractor entered into a subsequent agreement entitled “Agreement for 

39 Partial Assignment of Water Service Contract” dated March 1, 2003, assigning 4,198 acre-feet of its 

40 contract water supply to Westlands Water District Distribution District No. 2; and 

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

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

43 contract would be beneficial, and mutually commit to continue to negotiate to seek to reach agreement, 

44 but anticipate that the environmental documentation necessary for execution of any long-term renewal 

45 contract will be delayed at least an additional 7 months, and may be delayed further for reasons beyond 

46 the control of the parties; and 

47 WHEREAS, the Contractor has requested a subsequent interim renewal contract pursuant 

48 to Subdivisions (a) and (b)(1) of Article 2 of the Interim Renewal Contract and Article 1 of the Existing 

49 Interim Renewal Contract; and 

50 WHEREAS, the United States has determined that the Contractor has to date fulfilled all 

51 of its obligations under the Existing Interim Renewal Contract; and 
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52 WHEREAS, the United States is willing to renew the Existing Interim Renewal Contract 

53 pursuant to the terms and conditions set forth below; 

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

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

56 INCORPORATION AND REVISION OF EXISTING INTERIM RENEWAL CONTRACT

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

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

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

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

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

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

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

64 has not been executed with an effective commencement date of March 1, 2006; Provided, that if a long65 term renewal contract has been executed with an effective commencement date of March 1, 2005, this 

66 interim renewal contract shall expire on February 28, 2005." 

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

68 by deleting the date AFebruary 15, 2004,@ and replacing same with the date AFebruary 15, 2006.@ 

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

70 by deleting the dates AFebruary 1, 2004,@ AFebruary 15, 2004,@ and AFebruary 29, 2004,@ and replacing 

71 same with the dates AFebruary 1, 2006,@ AFebruary 15, 2006,@ and AFebruary 28, 2006,@ respectively. 
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72 2. In addition to the revisions set forth in Article 1 above, the terms and conditions of the 

73 Interim Renewal Contract are hereby incorporated by reference into this Contract with the same force 

74 and effect as if they were included in full text with the exception of the following revision: 

75 (a) Subdivision (a) of Article 3 of the Interim Renewal Contract is amended by 

76 deleting the amount of “7,040”, and replacing the same with “2,842”. 

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

78 as of the day and year first above written. 

79 THE UNITED STATES OF AMERICA 

80 By: /s/ Kirk C. Rodgers 

81 Regional Director, Mid-Pacific Region 

82 Bureau of Reclamation 

83 (SEAL) MERCY SPRINGS WATER DISTRICT 

84 By: /s/ Ed K. Koda 

85 President 

86 Attest: 

87 /s/ Marcos Hedrick 

88 Secretary