Irrigation and M&I

Contract No. 14-06-200-8565A-IR14

1 UNITED STATES

2 DEPARTMENT OF THE INTERIOR

3 BUREAU OF RECLAMATION

4 Central Valley Project, California

5 INTERIM RENEWAL CONTRACT AMONG THE UNITED STATES,

6 THE DEPARTMENT OF WATER RESOURCES 

7 OF THE STATE OF CALIFORNIA,

8 AND

9 THE TRI-VALLEY WATER DISTRICT

10 PROVIDING FOR PROJECT WATER SERVICE

11 THIS CONTRACT, made this _______ day of ___________________, 2012,

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

13 supplementary thereto, including, but not limited to, the acts of August 26, 1937 (50 Stat. 844), 

14 as amended and supplemented, August 4, 1939 (53 Stat. 1187), as amended and supplemented, 

15 July 2, 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), as 

16 amended, and Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), all collectively 

17 hereinafter referred to as Federal Reclamation law, among the UNITED STATES OF 

18 AMERICA, hereinafter referred to as the United States, DEPARTMENT OF WATER 

19 RESOURCES OF THE STATE OF CALIFORNIA, hereinafter referred to as DWR, and the

20 TRI-VALLEY WATER DISTRICT, hereinafter referred to as the Contractor, a public agency of 

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

22 WITNESSETH, That:

23 EXPLANATORY RECITALS

24 WHEREAS, the United States, DWR, and the Contractor entered into interim 

25 renewal Contract (long-form interim renewal contract) No. 14-06-200-8565A-IR1 which 
Contract No. 14-06-200-8565A-IR14

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26 provided for the continued water service to the Contractor following expiration of Contract 

27 No. 14-06-200-8565A; and

28 WHEREAS, the last long-form interim renewal contract between the United 

29 States, DWR, and the Contractor is Contract No. 14-06-200-8565A-IR5, hereinafter referred 

30 to as IR5; and

31 WHEREAS, the United States, DWR, and the Contractor have entered into

32 successive renewals of IR5, the most recent of which is Contract No.

33 14-06-200-8565A-IR13, hereinafter referred to as IR13, effective March 1, 2010, through

34 February 29, 2012; and

35 WHEREAS, the United States, DWR, and the Contractor have made significant 

36 progress in their negotiations of a long-term renewal contract, believe that further negotiations on 

37 the long-term renewal contract would be beneficial, and mutually commit to continue to 

38 negotiate to seek to reach agreement, but anticipate that the environmental documentation 

39 necessary for execution of any long-term renewal contract may be delayed for reasons beyond 

40 the control of the parties; and

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

42 pursuant to IR13; and 

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

44 fulfilled all of its obligations under IR13; and

45 WHEREAS, the United States and DWR are willing to renew IR13 pursuant to 

46 the terms and conditions set forth below; and

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

48 herein contained, it is hereby mutually agreed by the parties hereto as follows:
Contract No. 14-06-200-8565A-IR14

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49 RENEWAL AND REVISION OF

50 CONTRACT NO. 14-06-200-8565A-IR13

51 1. Except as specifically modified by this Contract, all provisions of IR13 are

52 renewed with the same force and effect as if they were included in full text with the exception of 

53 Article 1 of IR13 thereof, which is revised as follows:

54 (a) The first sentence in subdivision (a) of Article 1 of IR13 is replaced with 

55 the following language: “This Contract shall be effective from March 1, 2012, and shall remain 

56 in effect through February 28, 2014, and thereafter will be renewed as described in Article 2 of 

57 IR5 if a long-term renewal contract has not been executed with an effective commencement date 

58 of March 1, 2014.”

59 (b) Subdivision (b) of Article 1 of IR13 is amended by deleting the date 

60 “February 15, 2012,” and replacing same with the date “February 15, 2014.”

61 (c) Subdivision (c) of Article 1 of IR13 is amended by deleting the dates 

62 “February 1, 2012”, “February 15, 2012”, and “February 29, 2012”, respectively, and 

63 replacing same with the dates “February 1, 2014”, “February 15, 2014”, and “February 28, 

64 2014”, respectively.
Contract No. 14-06-200-8565A-IR14

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65 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of 

66 the day and year first above written.

67 UNITED STATES OF AMERICA

68 By: _____________________________________

69 Regional Director, Mid-Pacific Region

70 Bureau of Reclamation

71 Approved as to Legal Form and DEPARTMENT OF WATER RESOURCES

72 Sufficiency: OF THE STATE OF CALIFORNIA

73 __________________________ By: ______________________________________

74 Chief Counsel Director

75 Department of Water Resources Department of Water Resources

76 (SEAL)

77 TRI-VALLEY WATER DISTRICT

78 By: _____________________________________

79 President, Board of Directors

80 Attest:

81 __________________________

82 Secretary