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1 UNITED STATES

2 DEPARTMENT OF THE INTERIOR

3 BUREAU OF RECLAMATION

4 Central Valley Project, California

5 CONTRACT BETWEEN THE UNITED STATES

6 AND

7 STATE OF CALIFORNIA

8 FOR WATER SUPPLY

9 TO

10 LOS BANOS, VOLTA, NORTH GRASSLANDS AND MENDOTA WILDLIFE AREAS

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

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

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

14 3110, the Act of October 27, 1986 (100 Stat. 3050), and in particular Section 3406(d) of the

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

16 (106 Stat. 4706) all collectively hereinafter referred to as Federal Reclamation law, between THE

17 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 18 ,

19 and the State of California, represented by the California Department of Fish and Game,

20 hereinafter referred to as the Contractor, a public agency of the State of California, duly

21 organized, existing, and acting pursuant to the laws thereof, with its principal place of business in

22 Sacramento, California;
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23 WITNESSETH, That:

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
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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

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 intends to use Project facilities, in part, to

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

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

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

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

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

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

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

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

58 and beneficial use the quantity of water to be made available to it pursuant to this Contract; and

 WHEREAS, the Contracting Officer1 59 and the Contractor are willing to

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

61 set forth below;

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

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

64 DEFINITIONS
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65 1. When used herein unless otherwise distinctly expressed, or manifestly 

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

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

68 both dates inclusive;

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

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

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

72 Contractor and the Contracting Officer;

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

74 authorized representative acting pursuant to this Contract; 

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

76 eventualities exists:

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

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

79 Calendar Year), as such forecast is made by the Contracting Officer, on or before February 20,

80 and reviewed as frequently thereafter as conditions and information warrant, is equal to or less

81 than 3,200,000 acre feet: or

82 (2) The total accumulated actual deficiencies below 4,000,000 acre83 feet in the immediately prior water year or series of successive prior water years, each of which

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

85 current water year exceed 800,000 acre-feet;
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86 For the purpose of determining a Critically Dry Year, the computed inflow

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

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

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

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

91 the effect of such material alterations.

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

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

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

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

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

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

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

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

100 Point(s) of Delivery in accordance with Article 4(c) of this Contract; 

101 (g) “Hydrologic Circumstances” shall mean the conditions described in

102 subdivision (d) of this Article;

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

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

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

106 section 3406 (d)(1) of the CVPIA and depicted in Exhibit “B”of this Contract;
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107 (j) “Level 4 Water Supplies” shall mean the quantities of water referred to in

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

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

110 storage facilities;

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

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

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

114 “B”;

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

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

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

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

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

120 accordance with the terms and conditions of this Contract; 

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

122 States and managed by the Department of the Interior, Bureau of Reclamation;

123 (o) “Project Water” shall mean all water that is developed, diverted, stored, or

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

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

126 California law;

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

128 Refuge System in the Central Valley of California; Gray Lodge, Los Banos, Volta, North
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129 Grasslands and Mendota state wildlife management areas; and the Grassland Resource

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

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

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

133 accordance with subdivision (b) of this Article; 

134 (q) “Refuge Water Supply Report” shall mean the report issued by the Mid135 Pacific Region of the Bureau of Reclamation of the United States Department of the Interior

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

137 California” (March 1989);

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

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

140 through any agency of the Department of the Interior;

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

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

143 TERM OF CONTRACT 

144 2. (a) This contract shall be effective on March 1, 2001 and shall remain in effect

145 through February 28, 2026.

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

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

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

149 date on which this Contract expires.

150 WATER TO BE MADE AVAILABLE AND DELIVERED TO THE CONTRACTOR
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151 3. (a) During each Year, consistent with State water rights, permits and licenses,

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

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

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

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

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

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

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

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

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

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

162 cumulating increments of not less than ten percent per annum, from the date the CVPIA was

163 enacted, through voluntary measures which include, but are not limited to, water conservation,

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

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

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

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

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

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

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

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

172 Decision for the CALFED Bay-Delta Program, dated August 28, 2000 and/or other acquisitions
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173 of water for environmental purposes to ensure that acquisitions of Incremental Level 4 Water

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

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

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

177 (b) The Contractor shall continue use of the Non-Project Water component of the

178 Level 2 Water Supplies set forth in Exhibit “B” as long as such Non-Project Water remains

179 available to the Contractor and is of suitable quality. In the event that such water supply is

180 unavailable to the Contractor, or is not of suitable quality, subject to the provisions set forth in

181 Articles 8 and 9 of this Contract, the Contracting Officer shall deliver to the Contractor sufficient

182 substitute Project Water to ensure that the quantities of Level 2 Water Supplies are available to

183 the Contractor in accordance with subdivision (a) of this Article. 

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

185 Contractor in biological opinion(s) prepared as a result of a consultation regarding the execution

186 of this Contract undertaken pursuant to Section 7 of the Endangered Species Act of 1973, as

187 amended, that are within the Contractor’s legal authority to implement. The Contractor shall

188 comply with the limitations or requirements imposed by environmental documentation applicable

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

190 to prevent the Contractor from challenging or seeking judicial relief in a court of competent

191 jurisdiction with respect to any Biological Opinion or other environmental documentation

192 referred to in this Article. 
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193 (d) The Contractor shall make reasonable and beneficial use of all Delivered

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

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

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

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

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

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

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

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

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

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

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

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

206 then-current rescheduling guidelines and policies.

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

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

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

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

211 deemed to constitute such interference.

212 TIME FOR DELIVERY OF WATER

213 4. (a) On or about February 20 of each Calendar Year, the Contracting Officer

214 shall provide the Contractor, in writing, with a preliminary forecast of whether the upcoming
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215 Year will be a Critically Dry Year; and, if a Critically Dry Year is forecast, the extent to which

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

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

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

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

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

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

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

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

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

225 

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

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

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

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

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

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

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

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

234 Water Supplies for diversion by the Contractor at the Points of Delivery in accordance with the

235 schedule submitted by the Contractor pursuant to subdivision (b) of this Article, or any written

236 revision(s) thereto, mutually agreed to by the Contracting Officer and the Contractor which are
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237 submitted to the Contracting Officer within a reasonable time prior to the date(s) on which the

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

239 POINT OF DIVERSION, MEASUREMENT AND RESPONSIBILITY FOR DISTRIBUTION 

240 OF WATER

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

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

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

244 Officer and the Contractor.

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

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

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

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

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

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

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

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

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

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

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

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

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

259 POOLING OF WATER SUPPLIES

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

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

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

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

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

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

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

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

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

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

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

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

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

273 Officer.

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

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

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

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

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

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

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

282 TRANSFERS, REALLOCATIONS OR EXCHANGES OF WATER 

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

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

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

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

287 guidelines or regulations.

288 TEMPORARY REDUCTIONS--RETURN FLOWS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

311 WATER SHORTAGE AND APPORTIONMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

328 acquisition as Incremental Level 4 Water Supplies.

329 RULES AND REGULATIONS

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

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

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

333 WATER AND AIR POLLUTION CONTROL

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

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

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

337 authorities.

338 QUALITY OF WATER

339

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

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

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

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

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

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

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

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

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

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

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

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

353 quality problems. 

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

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

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

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

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

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

360 Contracting Officer to provide drainage services.

361 USE OF NON-PROJECT FACILITIES FOR WATER DELIVERY

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

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

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

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

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

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

369 OPINIONS AND DETERMINATIONS

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

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

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

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

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

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

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

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

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

379 regulation.

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

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

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

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

384 other party to the extent reasonably practicable.

385 EQUAL OPPORTUNITY

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

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

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

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

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

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

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

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

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

396 nondiscrimination clause.

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

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

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

400 national origin.

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

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

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

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

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

406 employees and applicants for employment.

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

408 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of

409 the Secretary of Labor.

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

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

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

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

414 such rules, regulations, and orders.

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

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

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

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

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

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

421 otherwise provided by law.

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

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

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

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

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

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

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

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

431 COMPLIANCE WITH CIVIL RIGHTS LAWS

432 AND REGULATIONS

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

434 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1975 (P.L. 93-112, as amended), the

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

451 enforcement thereof.

452 WATER CONSERVATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

484 after the circumstances preventing implementation have ceased.

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

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

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

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

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

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

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

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

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

494 Officer determines that the transfer/reallocation is authorized by applicable laws, and then495 current applicable guidelines and/or regulations.

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

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

498 previous Water Year.

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

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

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

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

504 EXISTING OR ACQUIRED WATER OR WATER RIGHTS

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

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

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

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

509 (a) of Article 3 of this Contract. 

510 CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS

511 19. (a) The expenditure or advance of any money or the performance of any

512 obligation of the United States under this contract shall be contingent upon appropriation or

513 allotment of funds. Absence of appropriation or allotment of funds shall not relieve the

514 Contractor from any obligations under this contract. No liability shall accrue to the United States

515 in case funds are not appropriated or allotted.

516 (b) The expenditure of any funds and the performance of any terms of this contract by

517 the Contractor may require appropriation of funds or the allotment of funds by the State

518 Legislature and shall be contingent upon such appropriation or allotment being made. The failure

519 of the State Legislature to appropriate funds or the absence of any allotment of funds shall not

520 impose any liability on the State of California.

521 BOOKS, RECORDS, AND REPORTS

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

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

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

525 matters that the Contracting Officer may require. Reports thereon shall be furnished to the
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526 Contracting Officer in such form and on such date or dates as the Contracting Officer may

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

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

529 relating to matters covered by this contract.

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

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

532 such books, records, or information are reasonably related to the administration or performance

533 of this Contract. Any such request shall allow the Contractor a reasonable period of time within

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

535 ASSIGNMENT LIMITED--SUCCESSORS AND ASSIGNS OBLIGATED

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

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

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

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

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

541 concurrence of said other party.

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

543 his/her approval of any proposed assignment.

544 LIABILITY

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

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

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

548 performance of this Contract.
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549 (b) The United States shall not assert that the Contractor, its officers, agents

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

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

552 performance of this Contract. 

553 (c) Within thirty (30) days of receipt by either party of any claim for liability

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

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

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

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

558 affecting the liability of such party.

559 OFFICIALS NOT TO BENEFIT

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

561 Contractor shall benefit from this contract.

562

563 CERTIFICATION OF NONSEGREGATED FACILITIES

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

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

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

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

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

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

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

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

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

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

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

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

576 race, creed, color, or national origin, because of habit, local custom, or otherwise. The
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577 Contractor further agrees that (except where it has obtained identical certifications from proposed

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

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

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

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

582 proposed subcontractors have submitted identical certifications for specific periods):

583 FEDERAL LAWS

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

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

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

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

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

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

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

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

592 NOTICES

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

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

595 delivered to the Area Manager __________________________________________ , and on

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

597 the____________________________. The designation of the addressee or the address may be

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

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

600 and year first above written.

601 THE UNITED STATES OF AMERICA

602 By: ___________________________________

603 Regional Director, Mid-Pacific Region
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604 Bureau of Reclamation

605 (SEAL) CALIFORNIA DEPARTMENT OF FISH & GAME

606 By: ___________________________________

607 Director

608 Attest 

609 By: _______________________________

610 Secretary