Contract No.

7-07-20-W0056-IR5

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

Central Valley Project, California

INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES AND

KIRKWOOD WATER DISTRICT

PROVIDING FOR PROJECT WATER SERVICE

Table of Contents

Article No. Title Page No.

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

Explanatory Recitals ............................................... 2

1 Definitions ....................................................... 4

2 Term of Contract - Right to Use of Water ............................... 7

3 Water to Be Made Available and Delivered to the Contractor .............. 12

4 Time for Delivery of Water ......................................... 14

5 Point of Diversion and Responsibility for Distribution of Water ............ 15

6 Measurement of Water Within the District ............................. 17

7 Rates and Method of Payment for Water ............................... 18

8 Non-Interest Bearing Operation and Maintenance Deficits ................. 22

9 Transfers or Exchanges of Water ..................................... 22

10 Application of Payments and Adjustments ............................. 23

11 Temporary Reductions--Return Flows ................................. 24

12 Water Shortage and Apportionment .................................. 25

13 Unavoidable Groundwater Percolation ................................ 26

14 Compliance with Federal Reclamation Law ............................ 26

15 Water and Air Pollution Control ..................................... 26

16 Quality of Water .................................................. 26

17 Water Acquired by the Contractor Other than from the United States ........ 27

18 Opinions and Determinations ....................................... 28

19 Charges for Delinquent Payments .................................... 29

20 Equal Opportunity ................................................ 29

21 General Obligation--Benefits Conditioned upon Payment ................. 31

22 Compliance with Civil Rights Laws and Regulations ..................... 31

23 Privacy Act Compliance ........................................... 32

24 Contractor to Pay Certain Miscellaneous Costs .......................... 33

Article No. Title Page No.
25 Water Conservation ............................................... 33

26 Existing or Acquired Water or Water Rights ............................ 35

27 Operation and Maintenance by Non-Federal Entity ....................... 35

28 Contingent on Appropriation or Allotment of Funds ..................... 37

29 Books Records and Reports ......................................... 37

30 Assignment Limited--Successors and Assigns Obligated .................. 37

31 Severability ..................................................... 38

32 Officials Not to Benefit ............................................ 38

33 Changes in Contractor's Boundaries .................................. 39

34 Notices ......................................................... 39

Signature Page ................................................... 40

Exhibit A

Exhibit B
1 Contract No.

2 7-07-20-W0056-IR5

3

4 UNITED STATES

5 DEPARTMENT OF THE INTERIOR

6 BUREAU OF RECLAMATION

7 Central Valley Project, California

8

9

10 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES

11 AND

12 KIRKWOOD WATER DISTRICT

13 PROVIDING FOR PROJECT WATER SERVICE

14

THIS CONTRACT, made this 9th 15 day of March 2001, in pursuance

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

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

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

19 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1262), as amended and Title

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

21 the Federal Reclamation law, between THE UNITED STATES OF AMERICA, hereinafter

22 referred to as the United States, and KIRKWOOD WATER DISTRICT, hereinafter referred to as

23 the Contractor, a public agency of the State of California, duly organized, existing, and acting

24 pursuant to the laws thereof, with its principal place of business in Corning, California;

25 WITNESSETH, That:

26
2

1 EXPLANATORY RECITALS

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

3 Project, California for diversion, storage, carriage, distribution and beneficial use, for flood

4 control, irrigation, municipal, domestic, industrial, fish and wildlife mitigation, protection and

5 restoration, generation and distribution of electric energy, salinity control, navigation and other

6 beneficial uses, of waters of the Sacramento River, the American River, the Trinity River, and

7 the San Joaquin River and their tributaries; and

8 WHEREAS, the United States constructed the Red Bluff Diversion Dam, and

9 Tehama-Colusa Canal and related delivery facilities including pumping plants, hereinafter

10 collectively referred to as the Canal Facilities, which will be used in part for the furnishing of

11 water to the Contractor pursuant to the terms of this interim renewal contract; and

12 WHEREAS, the Contractor and the United States entered into Contract No. 7-07-

13 20-W0056, which provided the Contractor Central Valley Project water from the Canal Facilities

14 from July 11, 1977 to February 28, 1995 and under which the initial date of water delivery to the

15 Contractor was January 1, 1981; and

16 WHEREAS, the Contractor and the United States entered into interim renewal

17 contract(s) identified as Contract No(s). 7-07-20-W0056-IR1, 7-07-20-W0056-IR2, 7-07-20-

18 W0056-IR3, and 7-07-20-W0056-IR4, the latter of which is hereinafter referred to as the

19 Existing Interim Renewal Contract, which provided for the continued water service to the

20 Contractor from December 1, 2000 through February 28, 2001; and
3

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

2 pursuant to the Existing Interim Renewal Contract, Federal Reclamation law and the laws of the

3 State of California, for water service from the Central Valley Project; and

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

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

6 WHEREAS, The Contracting Officer has determined that the Contractor has the

7 capability to fully utilize for reasonable and beneficial use, or shown projected future reasonable

8 and beneficial use for, the quantity of Project Water to be made available to it pursuant to this

9 interim renewal contract; and

10 WHEREAS, rights of renewal of Contract No. 7-07-20-W0056, and to convert

11 said contract to a contract as provided by subsection (d), Section 9 of the Act of August 4, 1939

12 (53 Stat. 1187) are set forth in said contract; and

13 WHEREAS, Section 3404 of the CVPIA, precludes long-term renewal of water

14 service contracts until the completion of appropriate environmental documentation, including a

15 programmatic environmental impact statement ("PEIS") pursuant to the National Environmental

16 Policy Act analyzing the direct and indirect impacts and benefits of implementing the CVPIA

17 and the potential renewal of all existing contracts for Project Water; and

18 WHEREAS, in order to continue water service provided under Project water

19 service contracts that expire prior to the completion of the PEIS, the United States intends to

20 execute interim renewal contracts for a period not to exceed three (3) Years in length, and for

21 successive interim periods of not more than two (2) Years in length, until appropriate
4

1 environmental documentation, including the PEIS, is finally completed, at which time the

2 Secretary shall, pursuant to Federal Reclamation law, upon request of the Contractor, enter into a

3 long-term renewal contract for a period of twenty-five (25) Years; and may thereafter renew such

4 long-term renewal contracts for successive periods not to exceed twenty-five (25)Years each; and

5 WHEREAS, the Secretary intends to assure uninterrupted water service and

6 continuity of contract through the process set forth in Article 2 hereof; and

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

8 Contract pursuant to section 3404(c)(1) of the CVPIA on the terms and conditions set forth

9 below.

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

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

12 DEFINITIONS

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

14 incompatible with the intent hereof, the term:

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

16 both dates inclusive;

17 (b) "Charges" shall mean the payments in addition to the Rates determined

18 annually by the Contracting Officer, required by the Federal Reclamation law, including

19 Section 3407 of the CVPIA;

20 (c) "Contractor's Boundaries" shall mean the area to which the Contractor is

21 permitted to provide Project Water under this interim renewal contract identified in
5

1 Exhibit "A", which area and exhibit may be revised without amending this contract if

2 such revisions are acceptable to the Contracting Officer;

3 (d) "CVPIA" shall mean the Central Valley Project Improvement Act, Title

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

5 (e) "Delivered Water" shall mean Project Water made available to 

6 the Contractor and diverted at the point(s) of delivery approved by the Contracting

7 Officer;

8 (f) "Eligible Lands" shall mean all lands to which Irrigation Water may be

9 delivered in accordance with Section 204 of the Reclamation Reform Act of October 12,

10 1982 (96 Stat. 1263), as amended, hereinafter referred to as RRA;

11 (g) "Excess Lands" shall mean all lands defined as excess in Section 204 of

12 the RRA, other than those lands exempt from acreage limitation under Federal

13 Reclamation law;

14 (h) "Full Cost Rate" shall mean that water rate described in Sections 205(a)(3)

15 or 202(3) of the RRA, whichever is applicable;

16 (i) "Ineligible Lands" shall mean all lands to which Irrigation Water may not

17 be delivered in accordance with Section 204 of the RRA;

18 (j) "Irrigation Water" shall mean Project Water which is used primarily in the

19 production of agricultural crops or livestock, including domestic use incidental thereto,

20 and watering of livestock;
6

1 (k) "Landholder" shall mean an individual or entity attributed with the total

2 irrigable acreage of one or more tracts of land situated in one or more districts owned

3 and/or operated under a lease which is served with Irrigation Water pursuant to a contract

4 with the United States;

5 (l) "M&I Water" shall mean water made available from the Project other than

6 Irrigation Water. M&I Water shall include water used for purposes such as the watering

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

8 or water delivered to landholdings operated in units of less than five (5) acres unless the

9 Contractor establishes to the satisfaction of the Contracting Officer that the use of water

10 delivered to any such landholding is a use described in subdivision (j) of this Article;

11 (m) "O&M" shall mean normal and reasonable care, control, operation, repair,

12 replacement and maintenance of Project facilities;

13 (n) "Operating Non-Federal Entity" shall mean a Non-Federal entity which

14 has the obligation to operate and maintain all or a portion of the Canal Facilities pursuant

15 to an agreement with the United States;

16 (o) "Project" shall mean the Central Valley Project owned by the United

17 States and operated by the Department of the Interior, Bureau of Reclamation;

18 (p) "Project Water" shall mean all water that is developed, diverted, stored, or

19 delivered by the United States in accordance with the statutes authorizing the Project and

20 in accordance with the terms and conditions of applicable water rights permits and

21 licenses acquired by and/or issued to the United States pursuant to California law;
7

1 (q) "Rates" shall mean the payments determined annually by the Contracting

2 Officer in accordance with the then current applicable water ratesetting policies for the

3 Project;

4 (r) "Secretary" or "Contracting Officer" shall mean the Secretary of the

5 United States Department of the Interior or his duly authorized representative;

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

7 Calendar Year through the last day of February of the following Calendar Year.

8 TERM OF CONTRACT - RIGHT TO USE OF WATER

9 2. (a) This interim renewal contract shall be effective from March 1, 2001 and

10 shall remain in effect through February 28, 2002, and thereafter will be renewed as described in

11 this article. Except as provided in subdivision (b) of this Article, until completion of all

12 appropriate environmental review, and provided that the Contractor has complied with all the

13 terms and conditions of the interim renewal contract in effect for the period immediately

14 preceding the requested successive interim renewal contract, this interim renewal contract will be

15 renewed, upon request of the Contractor, for successive interim periods each of which shall be no

16 more than two (2) Years in length. Also, except as provided in subdivision (b) of this Article, in

17 order to promote orderly and cost effective contract administration, the terms and conditions in

18 subsequent interim renewal contracts shall be identical to the terms and conditions in the interim

19 renewal contract immediately preceding the subsequent interim renewal contract: Provided,

20 however, That each party preserves the right to propose modification(s) in any interim renewal

21 contract other than those described in subdivision (b) of this Article, in which case the parties
8

1 shall negotiate in good faith appropriate modification(s) to be included in any successive interim

2 renewal contracts. Said modification(s) of each successive interim renewal contract shall be

3 agreed upon within a reasonable time prior to the expiration of the then existing interim renewal

4 contract. Nothing in this Article shall in any way alter the obligation that, upon final completion

5 of the PEIS and any necessary supplemental environmental documentation, the Secretary shall,

6 pursuant to Federal Reclamation law, upon request of the Contractor, enter into a long-term

7 renewal contract for a period of twenty-five (25) Years and may thereafter renew such long-term

8 renewal contracts for successive periods not to exceed twenty-five (25) Years each. The

9 Contractor asserts that Contract No. 7-07-20-W0056 and existing law go beyond the preceding

10 sentence to give it enforceable rights to successive long-term renewal contracts. The Contracting

11 Officer disagrees with that assertion. The parties agree that this interim renewal contract

12 preserves the rights and positions of the parties and that the omission of language in this interim

13 renewal contract setting out the rights asserted by the Contractor to successive renewals is not

14 intended to be, nor shall it be interpreted as, a waiver of any such rights to the extent any such

15 rights are later determined to exist by a court of competent jurisdiction or by mutual agreement of

16 the parties. If a court of competent jurisdiction or the parties by mutual agreement determine that

17 incorporation of such language in this interim renewal contract is necessary to preserve such

18 rights, this interim renewal contract shall be construed as incorporating such language as though

19 fully set forth herein as of the effective date hereof.

20 (b) The parties anticipate that they will engage in good faith negotiations

21 intended to permit the execution of a twenty-five (25) Year long-term renewal contract
9

1 contemplated by Section 3404 (c) of the CVPIA, hereinafter referred to as a “long-term renewal

2 contract”, by the end of the term hereof. The parties recognize the possibility that this schedule

3 may not be met. Accordingly: 

4 (1) In the event (i) the Contractor and Contracting Officer have

5 reached agreement on the terms of the Contractor’s long-term renewal contract or (ii) the

6 Contractor and Contracting Officer have not completed the negotiations on the Contractor’s

7 long-term renewal contract, believe that further negotiations on that contract would be beneficial,

8 and mutually commit to continue to negotiate to seek to reach agreement, but (iii) all

9 environmental documentation required to allow execution of the Contractor’s long-term renewal

10 contract by both parties has not been completed in time to allow execution of the Contractor’s

11 long-term renewal contract by November 30, 2001, then (iv) the parties will expeditiously

12 complete the environmental documentation required of each of them in order to execute the

13 Contractor’s long-term renewal contract at the earliest practicable date. In addition, the

14 Contractor’s then current interim renewal contract will be renewed without change upon the

15 request of either party through the agreed-upon effective date of the Contractor’s long-term

16 renewal contract or, in the absence of agreement on the terms of the Contractor’s long-term

17 renewal contract, through the succeeding February 28.

18 (2) Provided that this interim renewal contract is not subject to

19 renewal under the terms described in subdivision (1) of this Article, if a party determines that the

20 parties have reached an impasse which they have been unable to resolve and which precludes

21 agreement on the long-term renewal contract, that party may notify the other that it has concluded
10

1 that there is no reasonable likelihood of reaching agreement on the terms of a long-term renewal

2 contract. In the event of such notice, the parties will immediately agree to a schedule and process

3 for negotiating the terms (other than any terms that would impair continuity of water supply or

4 continuity of contract) of and executing an interim renewal contract; provided that neither party

5 will propose for inclusion in the interim renewal contract any provision not previously included

6 in an existing interim renewal contract which it had previously proposed for inclusion in the

7 long-term renewal contract and which was the subject of an impasse in the long-term renewal

8 contract negotiations. The schedule will provide for completion of the negotiations of the terms

9 of that contract by February 1, 2002, and for execution of the contract on or about February 15,

10 2002. The parties each acknowledge the right of either party to seek judicial relief in connection

11 with any impasse reached in connection with negotiation of the long-term renewal contract

12 and/or an interim renewal contract that would become effective on or after February 28, 2002.

13 (c) The parties acknowledge that the Contractor asserts that it is entitled as a

14 matter of law to an interim renewal contract of longer duration than twelve (12) months, and that

15 the Contracting Officer asserts that it is under no obligation to provide the Contractor with an

16 interim renewal contract of any particular duration. Accordingly, the parties further acknowledge

17 that (i) the foregoing process represents a mutual accommodation to facilitate their joint desire to

18 proceed with the development of a long-term renewal contract in an expeditious and orderly

19 manner, (ii) they each preserve their respective rights and positions relative to the entitlement of

20 the Contractor to subsequent interim renewal contracts should they become necessary, and the

21 terms thereof, and (iii) their agreement to the process and interim renewal contract terms
11

1 described above is in no way intended to be, nor will it be interpreted as, a waiver of any such

2 rights or positions, all of which are and will be expressly preserved.

3 (d) The omission of language in this interim renewal contract providing for

4 conversion of this interim renewal contract or any subsequent renewals thereof to a repayment

5 contract, pursuant to the Act of July 2, 1956 (70 Stat. 483), shall not prejudice the Contractor's

6 right to assert a right to have such language included in subsequent renewals of this interim 
12

1 renewal contract or to exercise such conversion, all as provided by law, or to negotiate the

2 language regarding such conversion to be included in subsequent renewal contracts.

3 WATER TO BE MADE AVAILABLE AND DELIVERED TO THE CONTRACTOR

4 3. (a) Subject to the provisions set forth in Articles 11 and 12 hereof, and

5 consistent with applicable State water rights, permits and licenses, the Contractor is entitled to,

6 and the Contracting Officer shall be obligated to make available to the Contractor up to 2,100

7 acre-feet of Project Water for irrigation and/or municipal and industrial purposes during the term

8 of this interim renewal contract. The quantity of Project Water delivered to the Contractor in

9 accordance with this Article 3(a) in any Year shall be scheduled and paid for pursuant to the

10 provisions of Articles 4 and 7 hereof, and shall not exceed the quantity of Project Water the

11 Contractor intends to put to reasonable beneficial use within the Contractor's Boundaries or sold,

12 transferred, or exchanged pursuant to Article 9 during the term of this interim renewal contract.

13 (b) The Contractor shall utilize the Project Water made available to it 

14 pursuant to this interim renewal contract in accordance with all applicable requirements of any

15 Biological Opinion addressing the execution of this interim renewal contract developed 

16 pursuant to Section 7 of the Endangered Species Act of 1973 as amended, and in accordance
13

1 with environmental documentation as may be required for specific activities, including

2 conversion of Irrigation Water to M&I Water.

3 (c) The Contractor shall make reasonable and beneficial use of Project Water

4 or other water furnished pursuant to this interim renewal contract.

5 (d) If the Contracting Officer determines that Project Water, or other water

6 available to the Project, can be made available to the Contractor in addition to the quantity of

7 Project Water made available to the Contractor pursuant to subdivision (a) of this Article, the

8 Contracting Officer shall so notify the Contractor. If the Contractor requests the delivery of any

9 quantity of such water, the Contracting Officer shall make such water available to the Contractor

10 in accordance with applicable statutes, regulations, guidelines and policies.

11 (e) If the Contractor requests permission to reschedule for use during the

12 subsequent Year some or all of the Project Water made available to the Contractor during the

13 current Year or to use, during the current Year, that quantity of Project Water the United States

14 has agreed to make available to the Contractor during the subsequent Year, the Contracting

15 Officer may permit such uses in accordance with applicable statutes, regulations, guidelines and

16 policies.

17 (f) The Contractor's right pursuant to Federal Reclamation law and applicable

18 State law to the beneficial use of water furnished pursuant to this interim renewal contract, any

19 subsequent interim renewal contract and, as described in Article 2(a), any long-term renewal

20 contract, shall not be disturbed so long as the Contractor shall fulfill all of its obligations under

21 this interim renewal contract and any such renewal thereof. Nothing in the preceding sentence
14

1 shall affect the Contracting Officer's ability to impose shortages under Article 12(b) of this

2 interim renewal contract and the applicable provisions of any such renewal thereof.

3 (g) Notwithstanding subdivisions (j) and (l) of Article 1, Project Water

4 furnished to the Contractor pursuant to this interim renewal contract may be delivered for

5 purposes other than those described in subdivisions (j) and (l) of Article 1 upon written approval

6 by the Contracting Officer in accordance with the terms and conditions of such approval.

7 TIME FOR DELIVERY OF WATER

8 4. (a) On or about February 15, of each Calendar Year, the Contracting Officer

9 shall declare the amount of Project Water estimated to be made available to the Contractor

10 pursuant to this interim renewal contract for the upcoming Year. The declaration will be updated

11 monthly, as necessary, based on current hydrologic conditions. The Contracting Officer shall

12 make available the forecast of Project operations, with relevant supporting information, upon the

13 written request of the Contractor or its representatives. Upon written request of the Contractor,

14 the Contracting Officer shall provide the basis of the estimate which shall include, but not be

15 limited to, a monthly pumping forecast for the O'Neill Pumping Plant, the projected carryover of

16 Project reservoirs, projected CVPIA impacts, projected Endangered Species Act and all other

17 regulatory impacts.

18 (b) On or before each March 1, the Contractor shall submit to the Contracting

19 Officer and at such other times as necessary, a written schedule, satisfactory to the Contracting

20 Officer, showing the times, and quantities of Project Water to be delivered by the United States
15

1 to the Contractor during the upcoming Year pursuant to this interim renewal contract, and,

2 consistent with subdivision (a) of Article 3 herein.

3 (c) Subject to the conditions set forth in subdivision (a), Article 3, the United

4 States shall deliver Project Water to the Contractor in accordance with the initial schedule

5 submitted by the Contractor pursuant to subdivision (b) of this Article, or any revision(s) thereto

6 submitted within a reasonable time prior to the date(s) on which the requested change(s) is/are to

7 be implemented.

8 POINT OF DIVERSION AND RESPONSIBILITY FOR DISTRIBUTION OF WATER

9 5. (a) The Project Water to be furnished to the Contractor pursuant to this

10 interim renewal contract shall be made available to the Contractor at approved turnouts on the

11 Canal Facilities and any additional point or points of delivery either on Project facilities or

12 another location or locations mutually agreed to in writing by the Contracting Officer and the

13 Contractor. The United States shall furnish such power as may be necessary to pump Project

14 Water at the existing Tehama-Colusa Canal side pumping plants and at existing relift stations at

15 heads and elevations sufficient to irrigate by gravity all areas within the Contractor's Boundaries

16 below elevation 380 (MSL).

17 (b) The Contracting Officer shall make all reasonable efforts to maintain

18 sufficient flows and levels of water in the Canal Facilities to furnish Project Water to the

19 Contractor at the full design capacity of the turnout(s) established as a delivery point(s) pursuant

20 to subdivision (a) of this Article. The parties acknowledge that it may be necessary from time to

21 time to shut down the canal for maintenance or emergencies. Except in the case of emergency,
16

1 the Contracting Officer shall consult with the Contractor to schedule the shut down at such times

2 and for such duration as will allow for the work to be accomplished completely and efficiently,

3 and with a minimum of disruption of water service to the Contractor. In this regard, shut downs

4 will, to the extent reasonably possible, be limited to the months of December and January.

5 (c) Irrigation Water furnished to the Contractor pursuant to this interim

6 renewal contract shall be delivered by the Contractor in accordance with any applicable land

7 classification provisions of Federal Reclamation law and the associated regulations. Project

8 Water shall not be delivered to land outside the Contractor's Boundaries unless approved in

9 advance by the Contracting Officer.

10 (d) All Project Water delivered to the Contractor pursuant to this interim

11 renewal contract shall be measured and recorded with equipment furnished, installed, operated

12 and maintained by the United States or the responsible Operating Non-Federal Entity at the point

13 or points of delivery established pursuant to subdivision (a) of this Article. Upon the request of

14 either party to this interim renewal contract, the Contracting Officer shall investigate the accuracy

15 of such measurements and shall take any necessary steps to adjust any errors appearing therein. 

16 The Contractor shall advise the Contracting Officer on or before the 10th calendar day of each

17 month of the quantity of M&I Water taken during the preceding month.

18 (e) Neither the United States nor any Operating Non-Federal Entity shall be

19 responsible for the control, carriage, handling, use, disposal, or distribution of Project Water

20 made available to the Contractor pursuant to this interim renewal contract beyond the delivery

21 points specified in subdivision (a) of this Article. The Contractor shall indemnify the United
17

1 States its officers, employees, agents and assigns on account of damage or claim of damage of

2 any nature whatsoever for which there is legal responsibility, including property damage,

3 personal injury or death arising out of or connected with the control, carriage, handling, use,

4 disposal, or distribution of such Project Water beyond such delivery points, except for any

5 damage or claim arising out of (i) acts performed by the United States or any of its officers,

6 employees, agents or assigns, including any responsible Operating Non-Federal Entity, with the

7 intent of creating the situation resulting in any damage or claim, (ii) willful misconduct of the

8 United States or any of its officers, employees, agents, or assigns, including any responsible

9 Operating Non-Federal Entity, or (iii) negligence of the United States or any of its officers,

10 employees, agents or assigns including any responsible Operating Non-Federal Entity.

11 MEASUREMENT OF WATER WITHIN THE DISTRICT

12 6. (a) The Contractor shall ensure that, unless the Contractor has established an

13 alternative measurement program satisfactory to the Contracting Officer, all surface water

14 delivered for irrigation purposes within the Contractor's Boundaries is measured at each

15 agricultural turnout and such water delivered for municipal and industrial purposes is measured

16 at each municipal and industrial service connection. All water measuring devices or water

17 measuring methods of comparable effectiveness must be acceptable to the Contracting Officer. 

18 The Contractor shall be responsible for installing, operating, and maintaining and repairing all

19 such measuring devices and implementing all such water measuring methods at no cost to the

20 United States. The Contractor shall use the information obtained from such water measuring

21 devices or water measuring methods to ensure proper management of the water; to bill water
18

1 users for water delivered by the Contractor; and, if applicable, to record water delivered for

2 municipal and industrial purposes by customer class as defined in its water conservation plan. 

3 Nothing herein contained, however, shall preclude the Contractor from establishing and

4 collecting any charges, assessments or other revenues authorized by California law. The

5 Contractor shall include a summary of its annual surface water deliveries in the annual report

6 described in Article 25(d).

7 (b) Omitted

8 (c) All new surface water delivery systems installed within the Contractor's

9 Boundaries after the effective date of this interim renewal contract shall also comply with the

10 measurement provisions described in subdivision (a) of this Article.

11 (d) The Contractor shall inform the Contracting Officer and the State of

12 California in writing by April 30 of each Year of the monthly volume of surface water delivered

13 within the Contractor's Boundaries during the previous Year.

14 (e) The Contractor shall be responsible for ascertaining and reporting to the

15 Contracting Officer whether Delivered Water is put to use as Irrigation Water or M&I Water,

16 irrespective of the size of the landholding where the water is used, so that the Contracting Officer

17 can apply the appropriate Rates and Charges.

18 RATES AND METHOD OF PAYMENT FOR WATER

19 7. (a) The Contractor shall pay the United States in monthly payments as

20 provided in this Article for the quantities of Delivered Water furnished to the Contractor pursuant

21 to this interim renewal contract. Such payments shall consist of the applicable Rates and
19

1 Charges determined annually in accordance with applicable Federal law and associated

2 regulations. The Rates and Charges applicable upon execution of this interim renewal contract

3 are set forth in Exhibit "B."

4 (b) The Contracting Officer shall notify the Contractor of the Rates and

5 Charges as follows:

6 (1) Prior to July 1, of each Calendar Year, the Contracting Officer

7 shall provide the Contractor the preliminary calculation of the Charges that will be applied for

8 the period October 1, of the current Calendar Year, through September 30, of the following

9 Calendar Year, and identify the statutes, regulations and guidelines used as the basis for such

10 calculations. On or before September 15, of each Calendar Year, the Contracting Officer shall

11 notify the Contractor in writing of the Charges to be in effect during the period October 1, of the

12 current Calendar Year, through September 30, of the following Calendar Year, and such

13 notification shall revise Exhibit "B."

14 (2) Prior to October 1 of each Calendar Year, the Contracting Officer

15 shall make available to the Contractor an estimate of the Rates of payment for the following Year

16 and the computations and cost allocations upon which those Rates are based. The Contractor

17 shall be allowed not less than two months to review and comment on such computations and cost

18 allocations. By December 31 of each Calendar Year, the Contracting Officer shall provide the

19 Contractor with the final Rates to be in effect for the upcoming Year, and such notification shall

20 revise Exhibit "B."
20

1 (c) At the time the Contractor submits the initial schedule for the delivery of

2 Project Water for each Year pursuant to Article 4(b) of this interim renewal contract, the

3 Contractor shall pay the United States the total amount payable pursuant to the applicable Rate(s)

4 for all Project Water scheduled to be delivered pursuant to this interim renewal contract during

5 the first two (2) calendar months of the Year. Before the end of the first month or part thereof of

6 the Year, and before the end of each calendar month thereafter, the Contractor shall pay pursuant

7 to the applicable Rate(s) for all Project Water scheduled to be delivered pursuant to this interim

8 renewal contract during the second month immediately following. Adjustments between the

9 payments for the scheduled amount of Project Water and the appropriate payments for quantities

10 of Delivered Water furnished pursuant to this interim renewal contract each month shall be made

11 before the end of the following month: Provided, That any revised schedule submitted by the

12 Contractor pursuant to Article 4 which increases the amount of Project Water to be delivered

13 pursuant to this interim renewal contract during any month shall be accompanied with

14 appropriate payment for Rates to assure that Project Water is not furnished to the Contractor in

15 advance of such payment. In any month in which the quantity of Delivered Water furnished to

16 the Contractor pursuant to this interim renewal contract equals the quantity of Project Water

17 scheduled and paid for by the Contractor, no additional Project Water shall be made available to

18 the Contractor unless and until payment of Rates for such additional Project Water is made. 

19 Final adjustment between the payments of Rates for the Project Water scheduled and the

20 quantities of Delivered Water furnished during each Year pursuant to its contract shall be made

21 as soon as possible but no later than April 30th of the following Year.
21

1 (d) The Contractor shall pay all Charges owing for Delivered Water before the

2 end of the month following the month of delivery. Such amounts shall be consistent with the

3 quantities of Irrigation Water and M&I Water shown in the United States' water delivery report

4 for the subject month. The water delivery report shall be regarded by the Contractor as a bill for

5 the payment of appropriate Charges. Any monthly adjustment for overpayment or underpayment

6 of Charges shall be accomplished through the adjustment of Charges due to the United States in

7 the next month. By March 31, of each Year, the Contractor shall make any additional payment

8 of Charges it is obligated to make for Delivered Water furnished to the Contractor pursuant to its

9 contract for the previous Year. The amount to be paid for past due payment of Charges shall be

10 computed pursuant to Article 19 of this interim renewal contract.

11 (e) The Contractor shall pay for any Project Water provided under Article 3(d)

12 or 3(e) as determined by the Contracting Officer pursuant to applicable statutes, regulations,

13 guidelines and policies.

14 (f) Payments to be made by the Contractor to the United States under this

15 interim renewal contract may be paid from any revenues available to the Contractor.

16 (g) Revenues received by the United States pursuant to this interim renewal

17 contract shall be allocated and applied in accordance with Federal Reclamation law, including

18 but not limited to, subsection 3 of Section 1 of the Act of July 2, 1956 (70 Stat. 483), and

19 subsection (f) of Section 3405, subsection (c)(1) of Section 3406 and subsection (d)(2)(A) of

20 Section 3407 of the CVPIA, and the associated regulations, including but not limited to, the
22

1 Project Irrigation Water ratesetting policy and the Project M&I ratesetting policy promulgated

2 pursuant to the Administrative Procedures Act.

3 (h) At the Contractor's request, the Contracting Officer shall provide to the

4 Contractor an accounting of all of the expenses allocated and the disposition of all revenues

5 received pursuant to this interim renewal contract in sufficient detail to allow the Contractor to

6 determine that the allocation of expenses and disposition of all revenues received was

7 accomplished in conformance with Federal Reclamation law and the associated regulations. The

8 Contracting Officer and the Contractor shall enter into good faith negotiations to resolve any

9 discrepancies or disputes arising out of said accounting of the Contractor's review thereof.

10 (i) The parties acknowledge and agree that the efficient administration of this

11 interim renewal contract is their mutual goal. Recognizing that experience has demonstrated that

12 mechanisms, policies and procedures used for establishing Rates and Charges, and/or for making

13 and allocating payments, other than those set forth in this Article would be in the mutual best

14 interest of the parties, it is expressly agreed that the parties may enter into agreements for

15 alternative mechanisms, policies and procedures for any of those purposes while this interim

16 renewal contract is in effect without amending this contract.

17 NON-INTEREST BEARING OPERATION AND MAINTENANCE DEFICITS 

18 8. The Contractor and the Contracting Officer concur that at the time of execution of

19 this interim renewal contract, the Contractor has no non-interest bearing operation and

20 maintenance deficit and shall have no further liability therefor.

21 TRANSFERS OR EXCHANGES OF WATER
23

1 9. (a) The right to Project Water provided for in this interim renewal contract

2 may be sold, transferred, or exchanged to others for beneficial uses within the State of California

3 if such sale, transfer or exchange is authorized by applicable Federal laws, State laws, and

4 applicable guidelines or regulations then in effect. The right to sell, transfer or exchange Project

5 Water shall include, and the Contracting Officer shall apply this Article in a manner that does not

6 impede or restrict, lawful short-term sales, transfers, or exchanges of the type the Contractor

7 historically carried out with approval of the Contracting Officer under Contract No. 7-07-20-

8 W0056. No sale, transfer or exchange of the right to Project Water under this interim renewal

9 contract may take place without the prior written approval of the Contracting Officer. 

10 (b) For the purpose of determining whether section 3405 (a)(1)(M) of the

11 CVPIA applies to the Contractor as a transferor or transferee of Project Water, the Contracting

12 Officer acknowledges that the Contractor is within a county, watershed, or other area of origin, as

13 those terms are utilized under California law, of water that constitutes the natural flow of the

14 Sacramento River and its tributaries above the confluence of the American and Sacramento

15 Rivers.

16

17

18 APPLICATION OF PAYMENTS AND ADJUSTMENTS

19 10. (a) The amount of any overpayment by the Contractor shall be applied first to

20 any accrued indebtedness arising out of this interim renewal contract then due and payable by the

21 Contractor. Any amount of such overpayment then remaining shall, at the option of the
24

1 Contractor, be refunded to the Contractor or credited upon amounts to become due to the United

2 States from the Contractor under the provisions hereof in the following months. With respect to

3 overpayment, such adjustment shall constitute the sole remedy of the Contractor or anyone

4 having or claiming to have the right to the use of any of the water supply provided for herein.

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

6 Contractor pursuant to Article 24 shall be adjusted to reflect the actual costs when the work has

7 been completed. If the advances exceed the actual costs incurred, the difference will be refunded

8 to the Contractor. If the actual costs exceed the Contractor's advances, the Contractor will be

9 billed for the additional costs pursuant to Article 24.

10 TEMPORARY REDUCTIONS--RETURN FLOWS

11 11. (a) Subject to: (i) the authorized purposes and priorities of the Project; and (ii)

12 the obligations of the United States under existing contracts, or renewals thereof, providing for

13 water deliveries from the Project, the Contracting Officer shall make all reasonable efforts to

14 optimize Project Water deliveries to the Contractor as provided in the contract.

15 (b) The United States may temporarily discontinue or reduce the quantity of

16 Project Water to be delivered to the Contractor as herein provided for the purposes of

17 investigation, inspection, maintenance, repair, or replacement of any of the Project facilities or

18 any part thereof necessary for the delivery of Project Water to the Contractor, but so far as

19 feasible the Contracting Officer will give the Contractor due notice in advance of such temporary

20 discontinuance or reduction, except in case of emergency, in which case no notice need be given: 

21 Provided, That the United States shall use its best efforts to avoid any discontinuance or
25

1 reduction in such service. Upon resumption of service after such reduction or discontinuance, and

2 if requested by the Contractor, the United States will, if possible, deliver the quantity of Project

3 Water which would have been delivered hereunder in the absence of such discontinuance or

4 reduction: Provided further, That with respect to any quantity of Project Water not delivered

5 after a discontinuance or reduction the Contractor shall be relieved of its scheduling and payment

6 obligations for such quantity of Project Water.

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

8 derived from water delivered to the Contractor hereunder which escapes or is discharged beyond

9 the Contractor's Boundaries: Provided, That this shall not be construed as claiming for the

10 United States any right to seepage or return flow being put to reasonable and beneficial use

11 pursuant to this interim renewal contract within the Contractor's Boundaries by the Contractor or

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

13 WATER SHORTAGE AND APPORTIONMENT

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

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

16 available to the Contractor pursuant to this contract. Insofar as determined by the Contracting

17 Officer to be practicable, the Contracting Officer will, in the event a shortage appears probable,

18 notify the Contractor of such determinations as soon as possible.

19 (b) If there is a reduction in the total water supply available to the Contractor

20 during any Year because of errors in physical operations of the Project, drought, other physical

21 causes beyond the control of the Contracting Officer or actions taken by the Contracting Officer
26

1 to meet legal obligations, no liability shall accrue against the United States or any of its officers,

2 agents, or employees for any damages, direct or indirect, arising therefrom, so long as actions

3 based upon the opinions or determinations of the Contracting Officer are consistent with the

4 standards in Article 18.

5 (c) In any Year in which there may occur a shortage for any of the reasons

6 specified in subdivision (b) above, the Contracting Officer shall apportion the available Project

7 Water supply among the Contractor and others entitled, under existing contracts and future

8 contracts (to the extent such future contracts are permitted under subsections (a) and (b) of

9 Section 3404 of the CVPIA) and renewals thereof, to receive Project Water consistent with the

10 contractual obligations of the United States.

11 UNAVOIDABLE GROUNDWATER PERCOLATION

12 13. The Contractor shall not be deemed to have furnished Irrigation Water to Excess

13 Lands or Ineligible Lands within the meaning of this interim renewal contract if such lands are

14 irrigated with groundwater that reaches the underground strata as an unavoidable result of the

15 furnishing of Irrigation Water by the Contractor to Eligible Lands.

16

17 COMPLIANCE WITH FEDERAL RECLAMATION LAW

18 14. This interim renewal contract shall be implemented in accordance with all

19 applicable provisions of Federal Reclamation law, as amended and supplemented.

20 WATER AND AIR POLLUTION CONTROL
27

1 15. The Contractor, in carrying out this contract, shall comply with all applicable

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

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

4 authorities.

5

6 QUALITY OF WATER

7

8 16. (a) Project facilities used to make available and deliver Project Water to the

9 Contractor pursuant to this interim renewal contract shall be operated and maintained to enable

10 the United States to make available and deliver Project Water to the Contractor in accordance

11 with the water quality standards specified in subsection 2(b) of the Act of August 26, 1937 (50

12 Stat. 865), as added by Section 101 of the Act of October 27, 1986 (100 Stat. 3050) or other

13 existing Federal laws. The United States is under no obligation to construct or furnish water

14 treatment facilities to maintain or to better the quality of Project Water furnished to the

15 Contractor pursuant to this contract. The United States does not warrant the quality of Project

16 Water made available and delivered to the Contractor pursuant to this contract.

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

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

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

20 Contractor shall be responsible for compliance with all State and Federal water quality standards

21 applicable to surface and subsurface agricultural drainage discharges generated through the use of

22 Federal or Contractor facilities or Project Water provided by the Contractor within the

23 Contractor's Boundaries. This Article shall not affect or alter any legal obligations of the

24 Secretary to provide drainage services.
 

1

 Possible contractual provisions concerning the transportation of non-Project Water through CVP facilities pursuant to the Warren Act were

still under discussion in other divisions at the time that divisional negotiations between the Bureau of Reclamation and the Tehama-Colusa and

Corning Canal districts were completed on Sept. 19, 1994. Should Reclamation ultimately agree to include language in this regard in the form

of contract for other divisions, then such language will also be included in the contracts of Tehama-Colusa or Corning Canal districts which

request it. 

28

1 WATER ACQUIRED BY THE CONTRACTOR OTHER THAN

2 FROM THE UNITED STATES

3 17. Water or water rights now owned or hereafter acquired by the Contractor other

4 than from the United States and Irrigation Water furnished pursuant to the terms of this interim

5 renewal contract may be simultaneously transported through the same distribution facilities of the

6 Contractor subject to the following: (i) if the facilities utilized for commingling Irrigation Water

7 and non-Project water were constructed without funds made available pursuant to Federal

8 Reclamation law, the provisions of Federal Reclamation law will be applicable only to the

9 Landholders of lands which receive Irrigation Water; (ii) the eligibility of land to receive

10 Irrigation Water must be established through the certification requirements as specified in the

11 Acreage Limitation Rules and Regulations (43 CFR Part 426); (iii) the water requirements of

12 Eligible Lands within the Contractor's Boundaries can be established and the quantity of

13 Irrigation Water to be utilized is less than or equal to the quantity necessary to irrigate such

14 Eligible Lands; and (iv) if the facilities utilized for commingling Irrigation Water and non15 Project water are constructed with funds made available pursuant to Federal Reclamation law,

16 the non-Project water will be subject to Federal Reclamation law, until such funds have been

repaid.117

18 OPINIONS AND DETERMINATIONS
29

1 18. (a) Where the terms of this interim renewal contract provide for actions to be

2 based upon the opinion or determination of either party to this contract, said terms shall not be

3 construed as permitting such action to be predicated upon arbitrary, capricious, or unreasonable

4 opinions or determinations. Both parties, notwithstanding any other provisions of this contract,

5 expressly reserve the right to seek relief from and appropriate adjustment, including monetary

6 damages, for any such arbitrary, capricious or unreasonable opinion or determination. Each

7 opinion or determination by either party shall be provided in a timely manner.

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

9 necessary to administer this interim renewal contract that are consistent with the expressed and

10 implied provisions of this contract, the laws of the United States and the State of California, and

11 the rules and regulations promulgated by the Secretary of the Interior. Such determinations shall

12 be made in consultation with the Contractor to the extent reasonably practicable.

13 CHARGES FOR DELINQUENT PAYMENTS

14 19. (a) The Contractor shall be subject to interest, administrative and penalty

15 charges on delinquent installments or payments. When a payment is not received by the due

16 date, the Contractor shall pay an interest charge for each day the payment is delinquent beyond

17 the due date. When a payment becomes 60 days delinquent, the Contractor shall pay an

18 administrative charge to cover additional costs of billing and processing the delinquent payment. 

19 When a payment is delinquent 90 days or more, the Contractor shall pay an additional penalty

20 charge of 6 percent per year for each day the payment is delinquent beyond the due date. Further,

21 the Contractor shall pay any fees incurred for debt collection services associated with a

22 delinquent payment.

23

24 (b) The interest charge rate shall be the greater of the rate prescribed quarterly

25 in the Federal Register by the Department of the Treasury for application to overdue payments, or

26 the interest rate of 0.5 percent per month prescribed by Section 6 of the Reclamation Project Act

27 of 1939 (Public Law 76-260). The interest charge rate shall be determined as of the due date and

28 remain fixed for the duration of the delinquent period.
30

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

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

3 accrued interest, and finally to the overdue payment.

4

5 EQUAL OPPORTUNITY

6

7 20. During the performance of this contract, the Contractor agrees as follows:

8

9 (1) The Contractor will not discriminate against any employee or applicant for

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

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

12 treated during employment, without regard to their race, color, religion, sex, or national

13 origin. Such action shall include, but not be limited to, the following: Employment,

14 upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or

15 termination, rates of payment or other forms of compensation; and selection for training,

16 including apprenticeship. The Contractor agrees to post in conspicuous places, available

17 to employees and applicants for employment, notices to be provided by the Contracting

18 Officer setting forth the provisions of this nondiscrimination clause.

19

20 (2) The Contractor will, in all solicitations or advertisements for employees

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

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

23 or national origin.

24

25 (3) The Contractor will send to each labor union or representative of workers

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

27 notice, to be provided by the Contracting Officer, advising the said labor union or

28 workers' representative of the Contractor's commitments under Section 202 of Executive

29 Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous

30 places available to employees and applicants for employment.

31

32 (4) The Contractor will comply with all provisions of Executive Order No.

33 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant

34 orders of the Secretary of Labor.

35

36 (5) The Contractor will furnish all information and reports required by said

37 amended Executive Order and by the rules, regulations, and orders of the Secretary of

38 Labor, or pursuant thereto, and will permit access to its books, records, and accounts by

39 the Contracting Officer and the Secretary of Labor for purposes of investigation to

40 ascertain compliance with such rules, regulations, and orders.

41
31

1 (6) In the event of the Contractor's noncompliance with the nondiscrimination

2 clauses of this contract or with any of the said rules, regulations, or orders, this contract

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

4 be declared ineligible for further Government contracts in accordance with procedures

5 authorized in said amended Executive Order, and such other sanctions may be imposed

6 and remedies invoked as provided in said Executive Order, or by rule, regulation, or order

7 of the Secretary of Labor, or as otherwise provided by law.

8

9 (7) The Contractor will include the provisions of paragraphs (1) through (7) in

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

11 of the Secretary of Labor issued pursuant to Section 204 of said amended Executive

12 Order, so that such provisions will be binding upon each subcontractor or vendor. The

13 Contractor will take such action with respect to any subcontract or purchase order as may

14 be directed by the Secretary of Labor as a means of enforcing such provisions, including

15 sanctions for noncompliance: Provided, however, That in the event the Contractor

16 becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a

17 result of such direction, the Contractor may request the United States to enter into such

18 litigation to protect the interests of the United States.

19

20 GENERAL OBLIGATION--BENEFITS

21 CONDITIONED UPON PAYMENT

22

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

24 this contract is a general obligation of the Contractor notwithstanding the manner in which the

25 obligation may be distributed among the Contractor's water users and notwithstanding the default

26 of individual water users in their obligations to the Contractor.

27

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

29 to receiving benefits under this contract. The United States shall not make water available to the

30 Contractor through project facilities during any period in which the Contractor may be in arrears

31 in the advance payment of water rates due the United States. The Contractor shall not furnish

32 water made available pursuant to this contract for lands or parties which are in arrears in the

33 advance payment of water rates levied or established by the Contractor.

34

35 COMPLIANCE WITH CIVIL RIGHTS LAWS

36 AND REGULATIONS

37

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

39 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1975 (P.L. 93-112, as amended), the

40 Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.) and any other applicable civil rights
32

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

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

3

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

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

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

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

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

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

10

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

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

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

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

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

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

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

18 enforcement thereof.

19

20 PRIVACY ACT COMPLIANCE

21

22 23. (a) The Contractor shall comply with the Privacy Act of 1974 (5 U.S.C. 552a)

23 (the Act) and the Department of the Interior rules and regulations under the Act (43 CFR 2.45 et

24 seq.) in maintaining landholder acreage certification and reporting records, required to be

25 submitted to the Contractor for compliance with sections 206 and 228 of the Reclamation

26 Reform Act of 1982 (96 Stat. 1266), and pursuant to 43 CFR 426.10.

27

28 (b) With respect to the application and administration of the criminal penalty

29 provisions of the Act (5 U.S.C. 552a(i)), the Contractor and the Contractor's employees

30 responsible for maintaining the certification and reporting records referenced in (a) above are

31 considered to be employees of the Department of the Interior. See 5 U.S.C. 552a(m).

32

33 (c) The Contracting Officer or a designated representative shall provide the

34 Contractor with current copies of the Interior Department Privacy Act regulations and the Bureau

35 of Reclamation Federal Register Privacy Act System of Records Notice (Acreage Limitation--

36 Interior, Reclamation-31) which govern the maintenance, safeguarding, and disclosure of

37 information contained in the landholder's certification and reporting records.

38

39 (d) The Contracting Officer shall designate a full-time employee of the Bureau

40 of Reclamation to be the System Manager who shall be responsible for making decisions on
33

1 denials pursuant to 43 CFR 2.61 and 2.64 amendment requests pursuant to 43 CFR 2.72. The

2 Contractor is authorized to grant requests by individuals for access to their own records.

3

4 (e) The Contractor shall forward promptly to the System Manager each

5 proposed denial of access under 43 CFR 2.64; and each request for amendment of records filed

6 under 43 CFR 2.71; notify the requester accordingly of such referral; and provide the System

7 Manager with information and records necessary to prepare an appropriate response to the

8 requester. These requirements do not apply to individuals seeking access to their own

9 certification and reporting forms filed with the Contractor pursuant to 43 CFR 426.10, unless the

10 requester elects to cite the Privacy Act as a basis for the request.

11

12 CONTRACTOR TO PAY CERTAIN MISCELLANEOUS COSTS

13

14 24. In addition to all other payments to be made by the Contractor pursuant to this

15 contract, the Contractor shall pay to the United States, within sixty (60) days after receipt of a bill

16 and detailed statement submitted by the Contracting Officer to the Contractor for such specific

17 items of direct cost incurred by the United States for work requested by the Contractor associated

18 with this interim renewal contract plus a percentage of such direct costs for administrative and

19 general overhead in accordance with applicable Bureau of Reclamation policy and procedures. 

20 All such amounts referred to in this Article shall not exceed the amount agreed to in writing in

21 advance by the Contractor. This Article shall not apply to costs for routine contract

22 administration.

23 WATER CONSERVATION

24 25. (a) Prior to the delivery of water provided from or conveyed through Federally

25 constructed or Federally financed facilities pursuant to this contract, the Contractor shall be

26 implementing an effective water conservation program based on the Contractor's water

27 conservation plan that has been determined by the Contracting Officer to meet the conservation
34

1 and efficiency criteria established under Federal law. The water conservation program shall

2 contain definite water conservation objectives, appropriate economically feasible water

3 conservation measures, and time schedules for meeting those objectives.

4 (b) Should the combined amount of M&I Water delivered pursuant to

5 subdivision (a) of Article 3 during the term of this interim renewal contract equal or exceed

6 2,000 acre-feet, the Contractor shall implement the Best Management Practices identified by and

7 the time frames issued by the California Urban Water Conservation Council unless any such

8 practice is determined by the Contracting Officer to be inappropriate for the Contractor.

9 ( c) As part of the water conservation program, the Contractor shall develop

10 and be implementing a tiered block water pricing program that promotes conservation and the

11 efficient management of Project Water during the term of this contract. Such pricing program for

12 Project Water shall take into account all relevant circumstances, including without limitation,

13 water shortages imposed under this interim renewal contract and the availability and cost of the

14 Contractor's and individual water user's non-Project alternative sources of supply, including

15 ground water and other non-Project water supplies, so that the Contractor's pricing structure

16 provides incentives for conservation and the efficient management of overall water supply

17 available to water users served by the Contractor. Provided, That no such tiered block water

18 pricing program need be implemented by the Contractor if the Contracting Officer determines,

19 based on information provided by the Contractor, that (i) such a pricing structure will not result

20 in significant conservation of water available for use within the Contractor's service area,

21 including ground water or (ii) other pricing program, conservation or management measures are
35

1 more appropriate and/or will result in comparable or better conservation of the water supplies

2 available within the Contractor's boundaries. Provided further, If the Contractor fails to, or elects

3 not to, comply with this subdivision of Article 25, then any subsequent interim renewal contract

4 shall contain a tiered pricing contractual provision pursuant to subsection (d) of Section 3405 of

5 the CVPIA.

6 (d) The Contractor shall submit to the Contracting Officer by 

7 December 31, of each Calendar Year, an annual report on the status of its implementation of the

8 water conservation program.

9 EXISTING OR ACQUIRED WATER OR WATER RIGHTS

10 26. Except as specifically provided in Article 17 of this contract, the provisions of this

11 interim renewal contract shall not be applicable to or affect water or water rights now owned or

12 hereafter acquired by the Contractor or any user of such water within the Contractor's Boundaries

13 from other than the United States by the Contractor. Any such water shall not be considered

14 Project Water under this contract. In addition, this interim renewal contract shall not be

15 construed as limiting or curtailing any rights which the Contractor or any water user within the

16 Contractor's Boundaries acquires or has available under any other contract pursuant to the

17 Federal Reclamation law.

18 OPERATION AND MAINTENANCE BY NON-FEDERAL ENTITY

19 27. (a) The operation and maintenance of a portion of the Canal Facilities, and

20 responsibility for funding the costs of such operation and maintenance, has been transferred to an

21 Operating-Non-Federal Entity by separate agreement between the United States and the
36

1 Operating Non-Federal Entity. That separate agreement shall not interfere with the rights or

2 obligations of the Contractor or the United States hereunder. 

3 (b) Since the Contracting Officer has notified the Contractor in writing that

4 the operation and maintenance of a portion of the Canal Facilities has been transferred to an

5 Operating Non-Federal Entity, the Contractor shall pay directly to such Operating Non-Federal

6 Entity all rates, charges, or assessments of any kind, including any assessment for reserve funds,

7 which the Operating Non-Federal Entity determines, sets, or establishes for the operation and

8 maintenance of the portion of the Canal Facilities operated and maintained by the Operating

9 Non-Federal Entity, all in compliance with all provisions of Article 7 hereof. The Contractor

10 shall also submit to the Non-Federal Entity, as fiscal agent for the Secretary, that portion of the

11 Contractor’s obligation to the United States for its allocated share of the Project construction

12 costs and its allocated share of the remaining operation and maintenance costs for the Project.

13 (c) Because of the transfer of operation and maintenance of the Canal

14 Facilities to an Operating Non-Federal Entity, the Contracting Officer shall adjust accordingly

15 the portions of the Rates for water under this Contract representing operation and maintenance

16 costs of the Canal Facilities that the Operating Non-Federal Entity assesses and collects directly.

17 (d) In the event the operation and maintenance of the portion of the Canal

18 Facilities transferred to the Operating Non-Federal Entity is reassumed by the United States

19 during the term of this contract, the Contracting Officer shall so notify the Contractor, in writing,

20 and present to the Contractor a revised Exhibit B which shall include the portion of the Rates for

21 water under this contract representing the operation and maintenance costs of the portion of the
37

1 Canal Facilities which has been reassumed. The Contractor shall thereafter, and in the absence

2 of written notification from the Contracting Officer to the contrary, pay the Rates specified in the

3 revised Exhibit B directly to the United States, in compliance with Article 7 herein.

4 CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS

5 28. The expenditure or advance of any money or the performance of any obligation of

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

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

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

9 appropriated or allotted.

10

11 BOOKS RECORDS AND REPORTS

12

13 29. The Contractor shall establish and maintain accounts and other books and records

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

15 Contractor's financial transactions, water supply data, and Project land and right-of-way

16 agreements; the water users' land-use (crop census), landownership, land-leasing and water use

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

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

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

20 contract shall have the right during office hours to examine and make copies of the other party's

21 books and records relating to matters covered by this contract.

22

23 ASSIGNMENT LIMITED--SUCCESSORS AND ASSIGNS OBLIGATED

24

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

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

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

28

29 (b) The assignment of any right or interest in this interim renewal contract by

30 either party shall not interfere with the rights or obligations of the other party to this interim

31 renewal contract absent the written concurrence of said other party.

32 SEVERABILITY
38

1 31. In the event that a person or entity who is neither (i) a party to a Project interim

2 renewal contract, nor (ii) a person or entity that receives Project Water from a party to a Project

3 interim renewal contract, nor (iii) an association or other form of organization whose primary

4 function is to represent parties to Project interim renewal contracts, brings an action in a court of

5 competent jurisdiction challenging the legality or enforceability of a provision included in this

6 interim renewal contract and said person, entity, association, or organization obtains a final court

7 decision holding that such provision is legally invalid or unenforceable and the Contractor has

8 not intervened in that lawsuit in support of the plaintiff(s), the parties to this interim renewal

9 contract shall use their best efforts to (i) within thirty (30) days of the date of such final court

10 decision identify by mutual agreement the provisions in this interim renewal contract which must

11 be revised, and (ii) within three (3) months thereafter promptly agree on the appropriate

12 revision(s). The time periods specified above may be extended by mutual agreement of the

13 parties. Pending the completion of the actions designated above, to the extent it can do so

14 without violating any applicable provisions of law, the United States shall continue to make the

15 quantities of Project Water specified in this interim renewal contract available to the Contractor

16 pursuant to the provisions of this interim renewal contract which were not found to be legally

17 invalid or unenforceable in the final court decision.

18 OFFICIALS NOT TO BENEFIT

19 32. No Member of or Delegate to Congress, Resident Commissioner or official of the

20 Contractor shall benefit from this contract other than as a water user or landowner in the same

21 manner as other water users or landowners.

22

23 CHANGES IN CONTRACTOR'S BOUNDARIES
39

1

2 33. While this contract is in effect, no change may be made in the Contractor's

3 boundaries, by inclusion or exclusion of lands, dissolution, consolidation, merger or otherwise,

4 except upon the Contracting Officer's written consent.

5

6 NOTICES

7

8 34. Any notice, demand, or request authorized or required by this contract shall be

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

10 delivered to the Area Manager, Northern California Area Office, Bureau of Reclamation, 16349

11 Shasta Dam Boulevard, Shasta Lake, California 96019-8400 and on behalf of the United States,

12 when mailed, postage prepaid, or delivered to the Board of Directors of the Kirkwood Water

13 District, PO Box 296, 23000 Capay Road, Corning, California 96021. The designation of the

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

15 Article for other notices.
40

1 IN WITNESS WHEREOF, the parties hereto have executed this interim renewal contract as of

2 the day and year first above written.

3

4

5

6 THE UNITED STATES OF AMERICA KIRKWOOD WATER DISTRICT

7

8

9

10

11 By: /s/ Lowell F. Ploss By: /s/ Dennis Bentz 

12 For Regional Director President

13 Mid-Pacific Region

14 Bureau of Reclamation

15

16

17 Attest: /s/ Kay Bentz 

18 Secretary

19

20 (SEAL)

APPROVED AS TO LEGAL

FORM AND SUFFICIENCY

/s/ James E. Turner

OFFICE OF REGIONAL SOLICITOR

DEPARTMENT OF THE INTERIOR