AG and M&I 

R. O. CVP-Wide Final Draft 4/19-2004 

Thomes Creek WD Draft 7/22-2003 

Thomes Creek WD Draft 6/26-2003 

Thomes Creek WD Draft 6/25-2003 

R.O. Final CVP-Wide 6/10-2003 

Sac.Valley Division Draft 5/28-2003 

CVP-Wide Draft 5/23-2003 

Contract No. 

 14-06-200-5271A-LTR1 

UNITED STATES 

DEPARTMENT OF THE INTERIOR 

BUREAU OF RECLAMATION 

Central Valley Project, California 

LONG-TERM RENEWAL CONTRACT BETWEEN THE UNITED STATES 

AND

THOMES CREEK WATER DISTRICT

PROVIDING FOR PROJECT WATER SERVICE

FROM THE SACRAMENTO RIVER DIVISION

Table of Contents

Article No. Title Page No.

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

 Explanatory Recitals ............................................................................................ 2-4 

 1 Definitions............................................................................................................ 4-7 

 2 Term of Contract................................................................................................8-11 

 3 Water to be Made Available and Delivered to the Contractor.........................11-14 

 4 Time for Delivery of Water .............................................................................14-15 

 5 Point of Diversion and Responsibility for Distribution of Water....................15-17 

 6 Measurement of Water Within the Contractor’s Boundaries ..........................17-18 

 7 Rates and Method of Payment for Water.........................................................18-24 

 8 Non-Interest Bearing Operation and Maintenance Deficits.................................. 24 

 9 Sales, Transfers, or Exchanges of Water .........................................................24-26 

 10 Application of Payments and Adjustments......................................................26-27 

 11 Temporary Reductions--Return Flows ............................................................27-28 

 12 Constraints on the Availability of Water .............................................................. 28 

 13 Unavoidable Groundwater Percolation................................................................. 29 

 14 Rules and Regulations........................................................................................... 29 

 15 Water and Air Pollution Control........................................................................... 29 

 16 Quality of Water .............................................................................................. 29-30 

 17 Water Acquired by the Contractor Other Than From the United States..........30-32 

 18 Opinions and Determinations ..........................................................................32-33 

 19 Coordination and Cooperation.........................................................................33-34 

 20 Charges for Delinquent Payments ...................................................................34-35 
Contract No. 14-06-200-5271A-LTR1 

Table of Contents - continued

Article No. Title Page No.

 21 Equal Opportunity............................................................................................35-36 

 22 General Obligation--Benefits Conditioned Upon Payment .................................. 36 

 23 Compliance With Civil Rights Laws and Regulations ....................................36-37 

 24 Privacy Act Compliance ....................................................................................... 37 

 25 Contractor to Pay Certain Miscellaneous Costs.................................................... 37 

 26 Water Conservation .........................................................................................38-39 

 27 Existing or Acquired Water or Water Rights........................................................ 39 

 28 Operation and Maintenance by Operating Non-Federal Entity .......................39-41 

 29 Contingent on Appropriation or Allotment of Funds ........................................... 41 

 30 Books, Records, and Reports........................................................................... 41-42 

 31 Assignment Limited--Successors and Assigns Obligated .................................... 42 

 32 Severability ........................................................................................................... 42 

 33 Resolution of Disputes.......................................................................................... 42 

 34 Officials Not to Benefit......................................................................................... 43 

 35 Changes in Contractor’s Boundaries ...............................................................43-44 

 36 Federal Laws......................................................................................................... 44 

 37 Notices .................................................................................................................. 44

 38 Confirmation of Contract...................................................................................... 44 

 Signature Page ...................................................................................................... 45 

 Exhibit A - Map of Contractor's Boundaries 

 Exhibit B - Rates and Charges 
AG and M&I 

R. O. CVP-Wide Final Draft 4/19-2004 

Thomes Creek WD Draft 7/22-2003 

Thomes Creek WD Draft 6/26-2003 

Thomes Creek WD Draft 6/25-2003 

R.O. Final CVP-Wide 6/10-2003 

Sac.Valley Division Draft 5/28-2003 

CVP-Wide Draft 5/23-2003 

Contract No. 

 14-06-200-5271A-LTR1 

1 UNITED STATES 

2 DEPARTMENT OF THE INTERIOR 

3 BUREAU OF RECLAMATION 

4 Central Valley Project, California 

5 LONG-TERM RENEWAL CONTRACT BETWEEN THE UNITED STATES 

6 AND

7 THOMES CREEK WATER DISTRICT

8 PROVIDING FOR PROJECT WATER SERVICE

9 FROM THE SACRAMENTO RIVER DIVISION

10 THIS CONTRACT, made this _____ day of ____________________, 20___, in 

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

12 supplementary thereto, including, but not limited to, the Acts of August 26, 1937 (50 Stat. 844), as 

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

14 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), October 27, 1986 

15 (100 Stat. 3050), as amended, and Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), all 

16 collectively hereinafter referred to as Federal Reclamation law, between THE UNITED STATES 

17 OF AMERICA, hereinafter referred to as the United States, and THOMES CREEK WATER 

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

19 organized, existing, and acting pursuant to the laws thereof; 

20 WITNESSETH, That:
Contract No. 14-06-200-5271A-LTR1 

2

21 EXPLANATORY RECITALS

 [1st 22 ] WHEREAS, the United States has constructed and is operating the Central Valley 

23 Project (Project), California, for diversion, storage, carriage, distribution and beneficial use, for 

24 flood control, irrigation, municipal, domestic, industrial, fish and wildlife mitigation, protection 

25 and restoration, generation and distribution of electric energy, salinity control, navigation and 

26 other beneficial uses, of waters of the Sacramento River, the American River, the Trinity River, 

27 and the San Joaquin River and their tributaries; and 

 [2nd 28 ] WHEREAS, the United States constructed the Red Bluff Diversion Dam, and the 

29 Corning Canal and related delivery facilities including pumping plants, hereinafter collectively 

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

31 Contractor pursuant to the terms of this Contract; and 

 [3rd 32 ] WHEREAS, the rights to Project Water were acquired by the United States 

33 pursuant to California law for operation of the Project; and 

 [4th 34 ] WHEREAS, the Contractor and the United States entered into Contract 

35 No. 14-06-200-5271A, which established terms for the delivery to the Contractor of Project 

36 Water from the Canal Facilities from February 10, 1971, through February 28, 1995, and under 

37 which the initial date of water delivery to the Contractor was April 1, 1971; and 

 [5th 38 ] WHEREAS, the Contractor and the United States have pursuant to subsection 

39 3404(c)(1) of the Central Valley Project Improvement Act (CVPIA), subsequently entered into 

40 interim renewal contract(s) identified as Contract No(s). 14-06-200-5271A-IR1, 14-06-200-

41 5271A-IR2, 14-06-200-5271A-IR3, 14-06-200-5271A-IR4, 14-06-200-5271A-IR5, 14-06-200-

42 5271A-IR6, 14-06-200-5271A-IR7, and 14-06-200-5271A-IR8, the current of which is 

43 hereinafter referred to as the Existing Contract, which provided for the continued water service 

44 to the Contractor from March 1, 2004, through February 28, 2006; and 

 [6th 45 ] WHEREAS, Section 3404(c) of the CVPIA provides for long-term renewal of the 

46 Existing Contract following completion of appropriate environmental documentation, including a 
Contract No. 14-06-200-5271A-LTR1 

3

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

48 Policy Act (NEPA), analyzing the direct and indirect impacts and benefits of implementing the 

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

 [7th 50 ] WHEREAS, the United States has completed the PEIS and all other appropriate 

51 environmental review necessary to provide for long-term renewal of the Existing Contract; and 

 [8th 52 ] WHEREAS, the Contractor has requested the long-term renewal of the Existing 

53 Contract, pursuant to the terms of the Existing Contract, Federal Reclamation law, and the laws 

54 of the State of California, for water service from the Project; and 

 [9th 55 ] WHEREAS, the United States has determined that the Contractor has fulfilled all 

56 of its obligations under the Existing Contract; and 

 [10th 57 ] WHEREAS, the Contractor has demonstrated to the satisfaction of the 

58 Contracting Officer that the Contractor has utilized the Project Water supplies available to it for 

59 reasonable and beneficial use and, based upon a needs analysis cooperatively prepared by the 

60 Contracting Officer and the Contractor, has demonstrated projected future demand for water use 

61 that exceeds the Contract Total to be made available to it pursuant to this Contract; and 

 [11th 62 ] WHEREAS, water obtained from the Project has been relied upon by urban and 

63 agricultural areas within California for more than 50 years, and is considered by the Contractor 

64 as an essential portion of its water supply; and 

 [12th 65 ] WHEREAS, the economies of regions within the Project, including the 

66 Contractor’s, depend upon the continued availability of water, including water service from the 

67 Project; and 

 [13th 68 ] WHEREAS, the Secretary intends through coordination, cooperation, and 

69 partnerships to pursue measures to improve water supply, water quality, and reliability of the 

70 Project for all Project purposes; and 

 [14th 71 ] WHEREAS, the mutual goals of the United States and the Contractor include: to 

72 provide for reliable Project Water supplies; to control costs of those supplies; to achieve 
Contract No. 14-06-200-5271A-LTR1 

4

73 repayment of the Project as required by law; to guard reasonably against Project Water 

74 shortages; to achieve a reasonable balance among competing demands for use of Project Water; 

75 and to comply with all applicable environmental statutes, all consistent with the legal obligations 

76 of the United States relative to the Project; and 

 [15th 77 ] WHEREAS, the parties intend by this Contract to develop a more cooperative 

78 relationship in order to achieve their mutual goals; and 

 [16th 79 ] WHEREAS, the United States and the Contractor are willing to enter into this 

80 Contract pursuant to Federal Reclamation law on the terms and conditions set forth below; 

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

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

83 DEFINITIONS

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

85 incompatible with the intent of the parties as expressed in this Contract, the term: 

86 (a) “Calendar Year” shall mean the period January 1 through December 31, 

87 both dates inclusive; 

88 (b) “Charges” shall mean the payments required by Federal Reclamation law 

89 in addition to the Rates and Tiered Pricing Component specified in this Contract as determined 

90 annually by the Contracting Officer pursuant to this Contract; 

91 (c) “Condition of Shortage” shall mean a condition respecting the Project 

92 during any Year such that the Contracting Officer is unable to deliver sufficient water to meet the 

93 Contract Total; 

94 (d) “Contracting Officer” shall mean the Secretary of the Interior’s duly 

95 authorized representative acting pursuant to this Contract or applicable Federal Reclamation law 

96 or regulation; 

97 (e) “Contract Total” shall mean the maximum amount of water to which the 

98 Contractor is entitled under subdivision (a) of Article 3 of this Contract; 
Contract No. 14-06-200-5271A-LTR1 

5

99 (f) “Contractor’s Boundaries” shall mean the area to which the Contractor is 

100 permitted to provide Project Water under this Contract as described in Exhibit “A” attached 

101 hereto, which may be modified from time to time in accordance with Article 35 of this Contract 

102 without amendment of this Contract; 

103 (g) “CVPIA” shall mean the Central Valley Project Improvement Act, Title 

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

105 (h) “Eligible Lands” shall mean all lands to which Irrigation Water may be 

106 delivered in accordance with Section 204 of the Reclamation Reform Act of October 12, 1982 

107 (96 Stat. 1263), as amended, hereinafter referred to as RRA; 

108 (i) “Excess Lands” shall mean all lands in excess of the limitations contained 

109 in Section 204 of the RRA, other than those lands exempt from acreage limitation under Federal 

110 Reclamation law; 

111 (j) “Full Cost Rate” shall mean an annual rate, as determined by the 

112 Contracting Officer that shall amortize the expenditures for construction properly allocable to the 

113 Project irrigation or M&I functions, as appropriate, of facilities in service including all O&M 

114 deficits funded, less payments, over such periods as may be required under Federal Reclamation 

115 law, or applicable contract provisions. Interest will accrue on both the construction expenditures 

116 and funded O&M deficits from October 12, 1982, on costs outstanding at that date, or from the 

117 date incurred in the case of costs arising subsequent to October 12, 1982, and shall be calculated 

118 in accordance with subsections 202(3)(B) and (3)(C) of the RRA. The Full Cost Rate includes 

119 actual operation, maintenance, and replacement costs consistent with Section 426.2 of the Rules 

120 and Regulations for the RRA; 

121 (k) “Ineligible Lands” shall mean all lands to which Irrigation Water may not 

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

123 (l) “Irrigation Full Cost Water Rate” shall mean the Full Cost Rate applicable 

124 to the delivery of Irrigation Water; 
Contract No. 14-06-200-5271A-LTR1 

6

125 (m) “Irrigation Water” shall mean water made available from the Project that 

126 is used primarily in the production of agricultural crops or livestock, including domestic use 

127 incidental thereto, and watering of livestock; 

128 (n) “Landholder” shall mean a party that directly or indirectly owns or leases 

129 nonexempt land, as provided in 43 CFR 426.2; 

130 (o) “Municipal and Industrial (M&I) Water” shall mean Project Water, other 

131 than Irrigation Water, made available to the Contractor. M&I Water shall include water used for 

132 human use and purposes such as the watering of landscaping or pasture for animals (e.g., horses) 

133 which are kept for personal enjoyment or water delivered to land holdings operated in units of 

134 less than five acres unless the Contractor establishes to the satisfaction of the Contracting Officer 

135 that the use of water delivered to any such landholding is a use described in subdivision (m) of 

136 this Article; 

137 (p) “M&I Full Cost Water Rate” shall mean the Full Cost Rate applicable to 

138 the delivery of M&I Water; 

139 (q) “Operation and Maintenance” or “O&M” shall mean normal and 

140 reasonable care, control, operation, repair, replacement (other than capital replacement), and 

141 maintenance of Project facilities; 

142 (r) “Operating Non-Federal Entity” shall mean the Tehama-Colusa Canal 

143 Authority, its successors or assigns, a non-Federal entity which has the obligation to operate and 

144 maintain all or a portion of the Canal Facilities pursuant to an agreement with the United States, 

145 and which may have funding obligations with respect thereto; 

146 (s) “Project” shall mean the Central Valley Project owned by the United 

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

148 (t) “Project Contractors” shall mean all parties who have water service 

149 contracts for Project Water from the Project with the United States pursuant to Federal 

150 Reclamation law; 
Contract No. 14-06-200-5271A-LTR1 

7

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

152 delivered by the Secretary in accordance with the statutes authorizing the Project and in 

153 accordance with the terms and conditions of water rights acquired pursuant to California law; 

154 (v) “Rates” shall mean the payments determined annually by the Contracting 

155 Officer in accordance with the then-current applicable water ratesetting policies for the Project, 

156 as described in subdivision (a) of Article 7 of this Contract; 

157 (w) “Recent Historic Average” shall mean the most recent five-year average of 

158 the final forecast of Water Made Available to the Contractor pursuant to this Contract or its 

159 preceding contract(s); 

160 (x) “Secretary” shall mean the Secretary of the Interior, a duly appointed 

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

162 through any agency of the Department of the Interior; 

163 (y) “Tiered Pricing Component” shall be the incremental amount to be paid 

164 for each acre-foot of Water Delivered as described in subdivision (j) of Article 7 of this Contract; 

165 (z) “Water Delivered” or “Delivered Water” shall mean Project Water 

166 diverted for use by the Contractor at the point(s) of delivery approved by the Contracting 

167 Officer; 

168 (aa) “Water Made Available” shall mean the estimated amount of Project 

169 Water that can be delivered to the Contractor for the upcoming Year as declared by the 

170 Contracting Officer, pursuant to subdivision (a) of Article 4 of this Contract; 

171 (bb) “Water Scheduled” shall mean Project Water made available to the 

172 Contractor for which times and quantities for delivery have been established by the Contractor 

173 and Contracting Officer, pursuant to subdivision (b) of Article 4 of this Contract; and 

174 (cc) “Year” shall mean the period from and including March 1 of each 

175 Calendar Year through the last day of February of the following Calendar Year. 
Contract No. 14-06-200-5271A-LTR1 

8

176 TERM OF CONTRACT 

177 2. (a) This Contract shall be effective March 1, 20___, through February 28, 

178 20___, and supercedes the Existing Contract. In the event the Contractor wishes to renew this 

179 Contract beyond February 28, 20___, the Contractor shall submit a request for renewal in writing 

180 to the Contracting Officer no later than two years prior to the date this Contract expires. The 

181 renewal of this Contract insofar as it pertains to the furnishing of Irrigation Water to the 

182 Contractor shall be governed by subdivision (b) of this Article, and the renewal of this Contract 

183 insofar as it pertains to the furnishing of M&I Water to the Contractor shall be governed by 

184 subdivision (c) of this Article. 

185 (b) (1) Under terms and conditions of a renewal contract that are mutually 

186 agreeable to the parties hereto, and upon a determination by the Contracting Officer that at the 

187 time of contract renewal the conditions set forth in subdivision (b)(2) of this Article are met, and 

188 subject to Federal and State law, this Contract, insofar as it pertains to the furnishing of Irrigation 

189 Water to the Contractor, shall be renewed for a period of 25 years. 

190 (2) The conditions which must be met for this Contract to be renewed 

191 are: (i) the Contractor has prepared a water conservation plan that has been determined by the 

192 Contracting Officer in accordance with Article 26 of this Contract to meet the conservation and 

193 efficiency criteria for evaluating such plans established under Federal law; (ii) the Contractor is 

194 implementing an effective water conservation and efficiency program based on the Contractor’s 

195 water conservation plan as required by Article 26 of this Contract; (iii) the Contractor is 

196 maintaining all water measuring devices and implementing all water measurement methods as 

197 approved by the Contracting Officer pursuant to Article 6 of this Contract; (iv) the Contractor 

198 has reasonably and beneficially used the Project Water supplies made available to it and, based 

199 on projected demands, is reasonably anticipated and expects to fully utilize for reasonable and 

200 beneficial use the quantity of Project Water to be made available to it pursuant to such renewal; 
Contract No. 14-06-200-5271A-LTR1 

9

201 (v) the Contractor is complying with all terms and conditions of this Contract; and (vi) the 

202 Contractor has the physical and legal ability to deliver Project Water. 

203 (3) The terms and conditions of the renewal contract described in 

204 subdivision (b)(1) of this Article and any subsequent renewal contracts shall be developed 

205 consistent with the parties’ respective legal rights and obligations, and in consideration of all 

206 relevant facts and circumstances, as those circumstances exist at the time of renewal, including, 

207 without limitation, the Contractor’s need for continued delivery of Project Water; environmental 

208 conditions affected by implementation of the Contract to be renewed, and specifically changes in 

209 those conditions that occurred during the life of the Contract to be renewed; the Secretary’s 

210 progress toward achieving the purposes of the CVPIA as set out in Section 3402 and in 

211 implementing the specific provisions of the CVPIA; and current and anticipated economic 

212 circumstances of the region served by the Contractor. 

213 (c) This Contract, insofar as it pertains to the furnishing of M&I Water to the 

214 Contractor, shall be renewed for successive periods of up to 40 years each, which periods shall 

215 be consistent with then-existing Reclamation-wide policy, under terms and conditions mutually 

216 agreeable to the parties and consistent with Federal and State law. The Contractor shall be 

217 afforded the opportunity to comment to the Contracting Officer on the proposed adoption and 

218 application of any revised policy applicable to the delivery of M&I Water that would limit the 

219 term of any subsequent renewal contract with the Contractor for the furnishing of M&I Water to 

220 less than 40 years. 

221 (d) The Contracting Officer shall make a determination ten years after the 

222 date of execution of this Contract, and every five years thereafter during the term of this 

223 Contract, of whether a conversion of the relevant portion of this Contract to a contract under 

224 subsection 9(d) of the Reclamation Project Act of 1939 can be accomplished pursuant to the Act 

225 of July 2, 1956 (70 Stat. 483). The Contracting Officer shall also make a determination ten years 

226 after the date of execution of this Contract and every five years thereafter during the term of this 
Contract No. 14-06-200-5271A-LTR1 

10

227 contract of whether a conversion of the relevant portion of this Contract to a contract under 

228 subsection 9(c)(1) of the Reclamation Project Act of 1939 can be accomplished. 

229 Notwithstanding any provision of this Contract, the Contractor reserves and shall have all rights 

230 and benefits under the Act of July 2, 1956 (70 Stat. 483). The Contracting Officer anticipates 

231 that during the term of this Contract, all authorized Project construction expected to occur will 

232 have occurred, and on that basis the Contracting Officer agrees upon such completion to allocate 

233 all costs that are properly assignable to the Contractor, and agrees further that, at any time after 

234 such allocation is made, and subject to satisfaction of the condition set out in this subdivision, 

235 this Contract shall, at the request of the Contractor, be converted to a contract under subsection 

236 9(d) or 9(c)(1), whichever is applicable, of the Reclamation Project Act of 1939, subject to 

237 applicable Federal law and under stated terms and conditions mutually agreeable to the 

238 Contractor and the Contracting Officer. A condition for such conversion to occur shall be a 

239 determination by the Contracting Officer that, account being taken of the amount credited to 

240 return by the Contractor as provided for under Federal Reclamation law, the remaining amount 

241 of construction costs assignable for ultimate return by the Contractor can probably be repaid to 

242 the United States within the term of a contract under subsection 9(d) or 9(c)(1), whichever is 

243 applicable. If the remaining amount of costs that are properly assignable to the Contractor 

244 cannot be determined during the term of this Contract, the Contracting Officer shall notify the 

245 Contractor, and provide the reason(s) why such a determination could not be made. Further, the 

246 Contracting Officer shall make such a determination as soon thereafter as possible so as to 

247 permit, upon request of the Contractor and satisfaction of the condition set out above, conversion 

248 to a contract under subsection 9(d) or 9(c)(1), whichever is applicable. In the event such 

249 determination of costs has not been made at a time which allows conversion of this Contract 

250 during the term of this Contract or the Contractor has not requested conversion of this Contract 

251 within such term, the parties shall incorporate in any subsequent renewal contract as described in 
Contract No. 14-06-200-5271A-LTR1 

11

252 subdivision (b) of this Article a provision that carries forth in substantially identical terms the 

253 provisions of this subdivision. 

254 WATER TO BE MADE AVAILABLE AND DELIVERED TO THE CONTRACTOR

255 3. (a) During each Year, consistent with all applicable State water rights, 

256 permits, and licenses, Federal law, and subject to the provisions set forth in Articles 11 and 12 of 

257 this Contract, the Contracting Officer shall make available for delivery to the Contractor 6,400 

258 acre-feet of water for irrigation and M&I purposes. Water Delivered to the Contractor in 

259 accordance with this subdivision shall be scheduled and paid for pursuant to the provisions of 

260 Articles 4 and 7 of this Contract. 

261 (b) Because the capacity of the Project to deliver Project Water has been 

262 constrained in recent years and may be constrained in the future due to many factors including 

263 hydrologic conditions and implementation of Federal and State laws, the likelihood of the 

264 Contractor actually receiving the amount of Project Water set out in subdivision (a) of this 

265 Article in any given Year is uncertain. The Contracting Officer’s modeling referenced in the 

266 PEIS projected that the Contract Total set forth in this Contract will not be available to the 

267 Contractor in many years. During the most recent five years, the Recent Historic Average of 

268 water made available to the Contractor was 5,888 acre-feet. Nothing in subdivision (b) of this 

269 Article shall affect the rights and obligations of the parties under any provision of this Contract. 

270 (c) The Contractor shall utilize the Project Water in accordance with all 

271 applicable legal requirements. 

272 (d) The Contractor shall make reasonable and beneficial use of all water 

273 furnished pursuant to this Contract. Ground-water recharge programs (direct, indirect, or in 

274 lieu), ground-water banking programs, surface water storage programs, and other similar 

275 programs utilizing Project Water or other water furnished pursuant to this Contract conducted 

276 within the Contractor’s Boundaries which are consistent with applicable State law and result in 

277 use consistent with Federal Reclamation law will be allowed; Provided, That any direct recharge 
Contract No. 14-06-200-5271A-LTR1 

12

278 program(s) is (are) described in the Contractor’s water conservation plan submitted pursuant to 

279 Article 26 of this Contract; Provided, further, That such water conservation plan demonstrates 

280 sufficient lawful uses exist in the Contractor’s Boundaries so that using a long-term average, the 

281 quantity of Delivered Water is demonstrated to be reasonable for such uses and in compliance 

282 with Federal Reclamation law. Ground-water recharge programs, ground-water banking 

283 programs, surface water storage programs, and other similar programs utilizing Project Water or 

284 other water furnished pursuant to this Contract conducted outside the Contractor’s Boundaries 

285 may be permitted upon written approval of the Contracting Officer, which approval will be based 

286 upon environmental documentation, Project Water rights, and Project operational concerns. The 

287 Contracting Officer will address such concerns in regulations, policies, or guidelines. 

288 (e) The Contractor shall comply with requirements applicable to the 

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

290 of this Contract undertaken pursuant to Section 7 of the Endangered Species Act of 1973 (ESA), 

291 as amended, that are within the Contractor’s legal authority to implement. The Existing 

292 Contract, which evidences in excess of 32 years of diversions for irrigation and/or M&I purposes 

293 of the quantities of water provided in subdivision (a) of Article 3 of this Contract, will be 

294 considered in developing an appropriate baseline for biological assessment(s) prepared pursuant 

295 to the ESA, and any other needed environmental review. Nothing herein shall be construed to 

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

297 jurisdiction with respect to any biological opinion or other environmental documentation referred 

298 to in this Article. 

299 (f) As soon as possible following each declaration of Water Made Available 

300 under Article 4 of this Contract, the Contracting Officer will make a determination whether 

301 Project Water, or other water available to the Project, can be made available to the Contractor in 

302 addition to the Contract Total under Article 3 of this Contract during the Year without adversely 

303 impacting other Project Contractors. At the request of the Contractor, the Contracting Officer 
Contract No. 14-06-200-5271A-LTR1 

13

304 will consult with the Contractor prior to making such a determination. If the Contracting Officer 

305 determines that Project Water, or other water available to the Project, can be made available to 

306 the Contractor, the Contracting Officer will announce the availability of such water and shall so 

307 notify the Contractor as soon as practical. The Contracting Officer will thereafter meet with the 

308 Contractor and other Project Contractors capable of taking such water to determine the most 

309 equitable and efficient allocation of such water. If the Contractor requests the delivery of any 

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

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

312 (g) The Contractor may request permission to reschedule for use during the 

313 subsequent Year some or all of the Water Made Available to the Contractor during the current 

314 Year referred to as “carryover.” The Contractor may request permission to use during the 

315 current Year a quantity of Project Water which may be made available by the United States to 

316 the Contractor during the subsequent Year referred to as “preuse.” The Contracting Officer’s 

317 written approval may permit such uses in accordance with applicable statutes, regulations, 

318 guidelines, and policies. 

319 (h) The Contractor’s right pursuant to Federal Reclamation law and applicable 

320 State law to the reasonable and beneficial use of Water Delivered pursuant to this Contract 

321 during the term thereof and any subsequent renewal contracts, as described in Article 2 of this 

322 Contract, during the terms thereof shall not be disturbed so long as the Contractor shall fulfill all 

323 of its obligations under this Contract and any renewals thereof. Nothing in the preceding 

324 sentence shall affect the Contracting Officer’s ability to impose shortages under Article 11 or 

325 subdivision (b) of Article 12 of this Contract or applicable provisions of any subsequent renewal 

326 contracts. 

327 (i) Project Water furnished to the Contractor pursuant to this Contract may be 

328 delivered for other than irrigation or M&I purposes upon written approval by the Contracting 

329 Officer in accordance with the terms and conditions of such approval. 
Contract No. 14-06-200-5271A-LTR1 

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330 (j) The Contracting Officer shall make reasonable efforts to protect the water 

331 rights necessary for the Project and to provide the water available under this Contract. The 

332 Contracting Officer shall not object to participation by the Contractor, in the capacity and to the 

333 extent permitted by law, in administrative proceedings related to the Project Water rights; 

334 Provided, That the Contracting Officer retains the right to object to the substance of the 

335 Contractor’s position in such a proceeding; Provided further, That in such proceedings the 

336 Contracting Officer shall recognize the Contractor has a legal right under the terms of this 

337 Contract to use Project Water. 

338 TIME FOR DELIVERY OF WATER

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

340 shall announce the Contracting Officer’s expected declaration of the Water Made Available. 

341 Such declaration will be expressed in terms of both Water Made Available and the Recent 

342 Historic Average and will be updated monthly, and more frequently if necessary, based on then343 current operational and hydrologic conditions and a new declaration with changes, if any, to the 

344 Water Made Available will be made. The Contracting Officer shall provide forecasts of Project 

345 operations and the basis of the estimate, with relevant supporting information, upon the written 

346 request of the Contractor. Concurrently with the declaration of the Water Made Available, the 

347 Contracting Officer shall provide the Contractor with the updated Recent Historic Average. 

348 (b) On or before each March 1 and at such other times as necessary, the 

349 Contractor shall submit to the Contracting Officer a written schedule, satisfactory to the 

350 Contracting Officer, showing the monthly quantities of Project Water to be delivered by the 

351 United States to the Contractor pursuant to this Contract for the Year commencing on such 

352 March 1. The Contracting Officer shall use all reasonable means to deliver Project Water 

353 according to the approved schedule for the Year commencing on such March 1. 

354 (c) The Contractor shall not schedule Project Water in excess of the quantity 

355 of Project Water the Contractor intends to put to reasonable and beneficial use within the 
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356 Contractor’s Boundaries or to sell, transfer, or exchange pursuant to Article 9 of this Contract 

357 during any Year. 

358 (d) Subject to the conditions set forth in subdivision (a) of Article 3 of this 

359 Contract, the United States shall deliver Project Water to the Contractor in accordance with the 

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

361 written revision(s), satisfactory to the Contracting Officer, thereto submitted within a reasonable 

362 time prior to the date(s) on which the requested change(s) is/are to be implemented. 

363 POINT OF DIVERSION AND RESPONSIBILITY FOR DISTRIBUTION OF WATER

364 5. (a) Project Water scheduled pursuant to subdivision (b) of Article 4 of this 

365 Contract shall be delivered to the Contractor at approved turnouts on the Canal Facilities and any 

366 additional point or points of delivery either on Project facilities or another location or locations 

367 mutually agreed to in writing by the Contracting Officer and the Contractor. The United States 

368 shall furnish such power as may be necessary to pump Project Water at the existing Corning 

369 Canal side pumping plants and at existing relift stations at heads and elevations sufficient to 

370 irrigate by gravity all areas within the Contractor’s Boundaries below elevation 350 (MSL). 

371 (b) The Contracting Officer, either directly or through its written agreement(s) 

372 with the Operating Non-Federal Entity/Entities shall make all reasonable efforts to maintain 

373 sufficient flows and levels of water in the Project facilities to deliver Project Water to the 

374 Contractor at specific turnouts established pursuant to subdivision (a) of this Article. The parties 

375 acknowledge that it may be necessary from time to time to shut down some or all of Project 

376 facilities for maintenance or emergencies. Except in the case of emergency, the Contracting 

377 Officer shall consult with the Contractor to schedule the shut down at such times and for such 

378 duration as will allow for the work to be accomplished completely and efficiently, and with a 

379 minimum of disruption of water service to the Contractor. In this regard, shut downs will, to the 

380 extent reasonably possible, be limited to the months of December and January. 
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381 (c) The Contractor shall deliver Irrigation Water in accordance with any 

382 applicable land classification provisions of Federal Reclamation law and the associated 

383 regulations. The Contractor shall not deliver Project Water to land outside the Contractor’s 

384 Boundaries unless approved in advance by the Contracting Officer. 

385 (d) All Water Delivered to the Contractor pursuant to this Contract shall be 

386 measured and recorded with equipment furnished, installed, operated, and maintained by the 

387 United States or the Operating Non-Federal Entity/Entities at the point or points of delivery 

388 established pursuant to subdivision (a) of this Article. Upon the request of either party to this 

389 Contract, the Contracting Officer shall investigate, or cause to be investigated by the responsible 

390 Operating Non-Federal Entity/Entities, the accuracy of such measurements and shall take any 

391 necessary steps to adjust any errors appearing therein. For any period of time when accurate 

392 measurements have not been made, the Contracting Officer shall consult with the Contractor and 

393 the responsible Operating Non-Federal Entity/Entities prior to making a final determination of 

394 the quantity delivered for that period of time. 

395 (e) Neither the Contracting Officer nor any Operating Non-Federal 

396 Entity/Entities shall be responsible for the control, carriage, handling, use, disposal, or 

397 distribution of Water Delivered to the Contractor pursuant to this Contract beyond the delivery 

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

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

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

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

402 disposal, or distribution of such Water Delivered beyond such delivery points, except for any 

403 damage or claim arising out of (i) acts or omissions of the Contracting Officer or any of its 

404 officers, employees, agents, or assigns, including the Operating Non-Federal Entity/Entities, with 

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

406 Contracting Officer or any of its officers, employees, agents, or assigns, including the Operating 
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407 Non-Federal Entity/Entities, (iii) negligence of the Contracting Officer or any of its officers, 

408 employees, agents, or assigns including the Operating Non-Federal Entity/Entities, or (iv) 

409 damage or claims resulting from a malfunction of facilities owned and/or operated by the United 

410 States or responsible Operating Non-Federal Entity/Entities. 

411 MEASUREMENT OF WATER WITHIN THE CONTRACTOR’S BOUNDARIES

412 6. (a) The Contractor has established a measuring program satisfactory to the 

413 Contracting Officer. The Contractor shall insure that all surface water delivered for irrigation 

414 purposes within the Contractor’s Boundaries is measured at each agricultural turnout and such 

415 water delivered for M&I purposes is measured at each M&I service connection. The water 

416 measuring devices or water measuring methods of comparable effectiveness must be acceptable 

417 to the Contracting Officer. The Contractor shall be responsible for installing, operating, and 

418 maintaining and repairing all such measuring devices and implementing all such water 

419 measuring methods at no cost to the United States. The Contractor shall use the information 

420 obtained from such water measuring devices or water measuring methods to ensure its proper 

421 management of the water, to bill water users for water delivered by the Contractor; and, if 

422 applicable, to record water delivered for M&I purposes by customer class as defined in the 

423 Contractor’s water conservation plan provided for in Article 26 of this Contract. Nothing herein 

424 contained, however, shall preclude the Contractor from establishing and collecting any charges, 

425 assessments, or other revenues authorized by California law. The Contractor shall include a 

426 summary of all its annual surface water deliveries in the annual report described in subdivision 

427 (c) of Article 26. 

428 (b) To the extent the information has not otherwise been provided, upon 

429 execution of this Contract, the Contractor shall provide to the Contracting Officer a written 

430 report describing the measurement devices or water measuring methods being used or to be used 

431 to implement subdivision (a) of this Article and identifying the agricultural turnouts and the M&I 

432 service connections or alternative measurement programs approved by the Contracting Officer, 
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433 at which such measurement devices or water measuring methods are being used, and, if 

434 applicable, identifying the locations at which such devices and/or methods are not yet being used 

435 including a time schedule for implementation at such locations. The Contracting Officer shall 

436 advise the Contractor in writing within 60 days as to the adequacy and necessary modifications, 

437 if any, of the measuring devices or water measuring methods identified in the Contractor’s report 

438 and if the Contracting Officer does not respond in such time, they shall be deemed adequate. If 

439 the Contracting Officer notifies the Contractor that the measuring devices or methods are 

440 inadequate, the parties shall within 60 days following the Contracting Officer‘s response, 

441 negotiate in good faith the earliest practicable date by which the Contractor shall modify said 

442 measuring devices and/or measuring methods as required by the Contracting Officer to ensure 

443 compliance with subdivision (a) of this Article. 

444 (c) All new surface water delivery systems installed within the Contractor’s 

445 Boundaries after the effective date of this Contract shall also comply with the measurement 

446 provisions described in subdivision (a) of this Article. 

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

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

449 within the Contractor’s Boundaries during the previous Year. 

450 (e) The Contractor shall inform the Contracting Officer and the Operating 

Non-Federal Entity on or before the 20th 451 calendar day of each month of the quantity of Irrigation 

452 and M&I Water taken during the preceding month. 

453 RATES AND METHOD OF PAYMENT FOR WATER

454 7. (a) The Contractor shall pay the United States as provided in this Article for 

455 all Delivered Water at Rates, Charges, and the Tiered Pricing Component established in 

456 accordance with (i) the Secretary’s ratesetting policy for Irrigation Water adopted in 1988 and 

457 the Secretary’s then-existing ratesetting policy for M&I Water. Such ratesetting policies shall be 

458 amended, modified, or superceded only through a public notice and comment procedure; (ii) 
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459 applicable Federal Reclamation law and associated rules and regulations, or policies; and (iii) 

460 other applicable provisions of this Contract. Payments shall be made by cash transaction, 

461 electronic funds transfer, or any other mechanism as may be agreed to in writing by the 

462 Contractor and the Contracting Officer. The Rates, Charges, and Tiered Pricing Component 

463 applicable to the Contractor upon execution of this Contract are set forth in Exhibit “B,” as may 

464 be revised annually. 

465 (b) The Contracting Officer shall notify the Contractor of the Rates, Charges, 

466 and Tiered Pricing Components as follows: 

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

468 provide the Contractor an estimate of the Charges for Project Water that will be applied to the 

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

470 Year, and the basis for such estimate. The Contractor shall be allowed not less than two months 

471 to review and comment on such estimates. On or before September 15 of each Calendar Year, 

472 the Contracting Officer shall notify the Contractor in writing of the Charges to be in effect during 

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

474 Calendar Year, and such notification shall revise Exhibit “B.” 

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

476 shall make available to the Contractor an estimate of the Rates and Tiered Pricing Component 

477 for Project Water for the following Year and the computations and cost allocations upon which 

478 those Rates are based. The Contractor shall be allowed not less than two months to review and 

479 comment on such computations and cost allocations. By December 31 of each Calendar Year, 

480 the Contracting Officer shall provide the Contractor with the final Rates and Tiered Pricing 

481 Component to be in effect for the upcoming Year, and such notification shall revise Exhibit “B.” 

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

483 Project Water for each Year pursuant to subdivision (b) of Article 4 of this Contract, the 

484 Contractor shall make an advance payment to the United States equal to the total amount payable 
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485 pursuant to the applicable Rate(s) set under subdivision (a) of this Article, for the Project Water 

486 scheduled to be delivered pursuant to this Contract during the first two calendar months of the 

487 Year. Before the end of the first month and before the end of each calendar month thereafter, the 

488 Contractor shall make an advance payment to the United States, at the Rate(s) set under 

489 subdivision (a) of this Article, for the Water Scheduled to be delivered pursuant to this Contract 

490 during the second month immediately following. Adjustments between advance payments for 

491 Water Scheduled and payments at Rates due for Water Delivered shall be made before the end of 

492 the following month; Provided, That any revised schedule submitted by the Contractor pursuant 

493 to Article 4 of this Contract which increases the amount of Water Delivered pursuant to this 

494 Contract during any month shall be accompanied with appropriate advance payment, at the Rates 

495 then in effect, to assure that Project Water is not delivered to the Contractor in advance of such 

496 payment. In any month in which the quantity of Water Delivered to the Contractor pursuant to 

497 this Contract equals the quantity of Water Scheduled and paid for by the Contractor, no 

498 additional Project Water shall be delivered to the Contractor unless and until an advance 

499 payment at the Rates then in effect for such additional Project Water is made. Final adjustment 

500 between the advance payments for the Water Scheduled and payments for the quantities of Water 

501 Delivered during each Year pursuant to this Contract shall be made as soon as practicable but no 

502 later than April 30th of the following Year, or 60 days after the delivery of Project Water carried 

503 over under subdivision (g) of Article 3 of this Contract if such water is not delivered by the last 

504 day of February. 

505 (d) The Contractor shall also make a payment in addition to the Rate(s) in 

506 subdivision (c) of this Article to the United States for Water Delivered, at the Charges and the 

507 appropriate Tiered Pricing Component then in effect, before the end of the month following the 

508 month of delivery; Provided, That the Contractor may be granted an exception from the Tiered 

509 Pricing Component pursuant to subdivision (j)(2) of this Article. The payments shall be 

510 consistent with the quantities of Irrigation Water and M&I Water Delivered as shown in the 
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511 water delivery report for the subject month prepared by the Operating Non-Federal Entity or, if 

512 there is no Operating Non-Federal Entity, by the Contracting Officer. The water delivery report 

513 shall be deemed a bill for the payment of Charges and the applicable Tiered Pricing Component 

514 for Water Delivered. Adjustment for overpayment or underpayment of Charges shall be made 

515 through the adjustment of payments due to the United States for Charges for the next month. 

516 Any amount to be paid for past due payment of Charges and the Tiered Pricing Component shall 

517 be computed pursuant to Article 20 of this Contract. 

518 (e) The Contractor shall pay for any Water Delivered under subdivision (a), 

519 (f), or (g) of Article 3 of this Contract as determined by the Contracting Officer pursuant to 

520 applicable statutes, associated regulations, any applicable provisions of guidelines or ratesetting 

521 policies; Provided, That the Rate for Water Delivered under subdivision (f) of Article 3 of this 

522 Contract shall be no more than the otherwise applicable Rate for Irrigation Water or M&I Water 

523 under subdivision (a) of this Article. 

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

525 Contract may be paid from any revenues available to the Contractor. 

526 (g) All revenues received by the United States from the Contractor relating to 

527 the delivery of Project Water or the delivery of non-Project water through Project facilities shall 

528 be allocated and applied in accordance with Federal Reclamation law and the associated rules or 

529 regulations, and the then current Project ratesetting policies for M&I Water or Irrigation Water. 

530 (h) The Contracting Officer shall keep its accounts pertaining to the 

531 administration of the financial terms and conditions of its long-term contracts, in accordance 

532 with applicable Federal standards, so as to reflect the application of Project costs and revenues. 

533 The Contracting Officer shall, each Year upon request of the Contractor, provide to the 

534 Contractor a detailed accounting of all Project and Contractor expense allocations, the 

535 disposition of all Project and Contractor revenues, and a summary of all water delivery 
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536 information. The Contracting Officer and the Contractor shall enter into good faith negotiations 

537 to resolve any discrepancies or disputes relating to accountings, reports, or information. 

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

539 Contract is their mutual goal. Recognizing that experience has demonstrated that mechanisms, 

540 policies, and procedures used for establishing Rates, Charges, and Tiered Pricing Components, 

541 and/or for making and allocating payments, other than those set forth in this Article may be in 

542 the mutual best interest of the parties, it is expressly agreed that the parties may enter into 

543 agreements to modify the mechanisms, policies, and procedures for any of those purposes while 

544 this Contract is in effect without amending this Contract. 

545 (j) (1) Beginning at such time as deliveries of Project Water in a Year 

546 exceed 80 percent of the Contract Total, then before the end of the month following the month of 

547 delivery the Contractor shall make an additional payment to the United States equal to the 

548 applicable Tiered Pricing Component. The Tiered Pricing Component for the amount of Water 

549 Delivered in excess of 80 percent of the Contract Total, but less than or equal to 90 percent of the 

550 Contract Total, shall equal one-half of the difference between the Rate established under 

551 subdivision (a) of this Article and the Irrigation Full Cost Water Rate or M&I Full Cost Water 

552 Rate, whichever is applicable. The Tiered Pricing Component for the amount of Water 

553 Delivered which exceeds 90 percent of the Contract Total shall equal the difference between (i) 

554 the Rate established under subdivision (a) of this Article and (ii) the Irrigation Full Cost Water 

555 Rate or M&I Full Cost Water Rate, whichever is applicable. For all Water Delivered pursuant to 

556 subdivision (a) of Article 3 of this Contract which is in excess of 80 percent of the Contract 

557 Total, this increment shall be deemed to be divided between Irrigation Water and M&I Water in 

558 the same proportion as actual deliveries of each bear to the cumulative total Water Delivered. 

559 (2) Subject to the Contracting Officer’s written approval, the 

560 Contractor may request and receive an exemption from such Tiered Pricing Components for 

561 Project Water delivered to produce a crop which the Contracting Officer determines will provide 
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562 significant and quantifiable habitat values for waterfowl in fields where the water is used and the 

563 crops are produced; Provided, That the exemption from the Tiered Pricing Component for 

564 Irrigation Water shall apply only if such habitat values can be assured consistent with the 

565 purposes of the CVPIA through binding agreements executed with or approved by the 

566 Contracting Officer prior to use of such water. 

567 (3) For purposes of determining the applicability of the Tiered Pricing 

568 Component pursuant to this Article, Water Delivered shall include Project Water that the 

569 Contractor transfers to others but shall not include Project Water transferred to the Contractor, 

570 nor shall it include the additional water provided to the Contractor under the provisions of 

571 subdivision (f) of Article 3 of this Contract. 

572 (k) For the term of this Contract, Rates under the respective ratesetting 

573 policies will be established to recover only reimbursable O&M (including any deficits) and 

574 capital costs of the Project, as those terms are used in the then-current Project ratesetting 

575 policies, and interest, where appropriate, except in instances where a minimum Rate is applicable 

576 in accordance with the relevant Project ratesetting policy. Changes of significance in practices 

577 which implement the Contracting Officer’s ratesetting policies will not be implemented until the 

578 Contracting Officer has provided the Contractor an opportunity to discuss the nature, need, and 

579 impact of the proposed change. 

580 (l) Except as provided in subsections 3405(a)(1)(B) and 3405(f) of the 

581 CVPIA, the Rates for Project Water transferred by the Contractor shall be the Contractor’s Rates 

582 adjusted upward or downward to reflect the changed costs, if any, incurred by the Contracting 

583 Officer in the delivery of the transferred Project Water to the transferee’s point of delivery in 

584 accordance with the then applicable Project ratesetting policy. If the Contractor is receiving 

585 lower Rates and Charges because of inability to pay and is transferring Project Water to another 

586 entity whose Rates and Charges are not adjusted due to inability to pay, the Rates and Charges 
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587 for transferred Project Water shall be the Contractor’s Rates and Charges and will not be 

588 adjusted to reflect the Contractor’s inability to pay. 

589 (m) Pursuant to the Act of October 27, 1986 (100 Stat. 3050), the Contracting 

590 Officer is authorized to adjust determinations of ability to pay every five years. 

591 (n) With respect to the Rates for M&I Water, the Contractor asserts that it is 

592 not legally obligated to repay any Project deficits claimed by the United States to have accrued 

593 as of the date of this Contract or deficit-related interest charges thereon. By entering into this 

594 Contract, the Contractor does not waive any legal rights or remedies that it may have with 

595 respect to such disputed issues. Notwithstanding the execution of this Contract, and payments 

596 made hereunder, the Contractor may challenge in the appropriate administrative or judicial 

597 forums: (1) the existence, computation, or imposition of any deficit charges accruing during the 

598 term of the Existing Contract and any preceding interim renewal contract, if applicable; (2) 

599 interest accruing on any such deficits; (3) the inclusion of any such deficit charges or interest in 

600 the Rates; (4) the application by the United States of payments made by the Contractor under its 

601 Existing Contract and any preceding interim renewal contract, if applicable; and (5) the 

602 application of such payments in the Rates. The Contracting Officer agrees that the Contractor 

603 shall be entitled to the benefit of any administrative or judicial ruling in favor of any M&I 

604 contractor on any of these issues, and credits for payments heretofore made, Provided, That, the 

605 basis for such ruling is applicable to the Contractor. 

606 NON-INTEREST BEARING OPERATION AND MAINTENANCE DEFICITS

607 8. The Contractor and the Contracting Officer concur that, as of the effective date of 

608 this Contract, the Contractor has no non-interest bearing O&M deficits and shall have no further 

609 liability therefor. 

610 SALES, TRANSFERS, OR EXCHANGES OF WATER

611 9. (a) The right to receive Project Water provided for in this Contract may be 

612 sold, transferred, or exchanged to others for reasonable and beneficial uses within the State of 
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613 California if such sale, transfer, or exchange is authorized by applicable Federal and State laws, 

614 and applicable guidelines or regulations then in effect. No sale, transfer, or exchange of Project 

615 Water under this Contract may take place without the prior written approval of the Contracting 

616 Officer, except as provided for in subdivision (b) of this Article, and no such sales, transfers, or 

617 exchanges shall be approved absent all appropriate environmental documentation, including but 

618 not limited to documents prepared pursuant to NEPA and ESA. Such environmental 

619 documentation should include, as appropriate, an analysis of ground-water impacts and 

620 economic and social effects, including environmental justice, of the proposed water transfers on 

621 both the transferor and transferee. 

622 (b) In order to facilitate efficient water management by means of water 

623 transfers of the type historically carried out among Project Contractors located within the same 

624 geographical area and to allow the Contractor to participate in an accelerated water transfer 

625 program during the term of this Contract, the Contracting Officer shall prepare, as appropriate, 

626 all necessary environmental documentation including, but not limited to, documents prepared 

627 pursuant to NEPA and ESA, analyzing annual transfers within such geographical areas and the 

628 Contracting Officer shall determine whether such transfers comply with applicable law. 

629 Following the completion of the environmental documentation, such transfers addressed in such 

630 documentation shall be conducted with advance notice to the Contracting Officer, but shall not 

631 require prior written approval by the Contracting Officer. Such environmental documentation 

632 and the Contracting Officer’s compliance determination shall be reviewed every five years and 

633 updated, as necessary, prior to the expiration of the then-existing five-year period. All 

634 subsequent environmental documentation shall include an alternative to evaluate not less than the 

635 quantity of Project Water historically transferred within the same geographical area. 

636 (c) For a water transfer to qualify under subdivision (b) of this Article, such 

637 water transfer must: (i) be for irrigation purposes for lands irrigated within the previous three 

638 years, for M&I use, ground-water recharge, ground-water banking, similar ground-water 
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639 activities, surface water storage, or fish and wildlife resources; not lead to land conversion; and 

640 be delivered to established cropland, wildlife refuges, ground-water basins or M&I use; (ii) occur 

641 within a single Year; (iii) occur between a willing seller and a willing buyer; (iv) convey water 

642 through existing facilities with no new construction or modifications to facilities and be between 

643 existing Project Contractors and/or the Contractor and the United States, Department of the 

644 Interior; and (v) comply with all applicable Federal, State, and local or tribal laws and 

645 requirements imposed for protection of the environment and Indian Trust Assets, as defined 

646 under Federal law. 

647 (d) For the purpose of determining whether Section 3405(a)(1)(M) of the 

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

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

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

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

652 Rivers. 

653 APPLICATION OF PAYMENTS AND ADJUSTMENTS 

654 10. (a) The amount of any overpayment by the Contractor of the Contractor’s 

655 O&M, capital, and deficit (if any) obligations for the Year shall be applied first to any current 

656 liabilities of the Contractor arising out of this Contract then due and payable. Overpayments of 

657 more than $1,000 shall be refunded at the Contractor’s request. In lieu of a refund, any amount 

658 of such overpayment, at the option of the Contractor, may be credited against amounts to become 

659 due to the United States by the Contractor. With respect to overpayment, such refund or 

660 adjustment shall constitute the sole remedy of the Contractor or anyone having or claiming to 

661 have the right to the use of any of the Project Water supply provided for herein. All credits and 

662 refunds of overpayments shall be made within 30 days of the Contracting Officer obtaining 

663 direction as to how to credit or refund such overpayment in response to the notice to the 

664 Contractor that it has finalized the accounts for the Year in which the overpayment was made. 
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665 (b) All advances for miscellaneous costs incurred for work requested by the 

666 Contractor pursuant to Article 25 of this Contract shall be adjusted to reflect the actual costs 

667 when the work has been completed. If the advances exceed the actual costs incurred, the 

668 difference will be refunded to the Contractor. If the actual costs exceed the Contractor's 

669 advances, the Contractor will be billed for the additional costs pursuant to Article 25. 

670 TEMPORARY REDUCTIONS--RETURN FLOWS

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

672 requirements of Federal law; and (ii) the obligations of the United States under existing 

673 contracts, or renewals thereof, providing for water deliveries from the Project, the Contracting 

674 Officer shall make all reasonable efforts to optimize Project Water deliveries to the Contractor as 

675 provided in this Contract. 

676 (b) The Contracting Officer or Operating Non-Federal Entity/Entities may 

677 temporarily discontinue or reduce the quantity of Water Delivered to the Contractor as herein 

678 provided for the purposes of investigation, inspection, maintenance, repair, or replacement of any 

679 of the Project facilities or any part thereof necessary for the delivery of Project Water to the 

680 Contractor, but so far as feasible the Contracting Officer or Operating Non-Federal Entity will 

681 give the Contractor due notice in advance of such temporary discontinuance or reduction, except 

682 in case of emergency, in which case no notice need be given; Provided, That the United States 

683 shall use its best efforts to avoid any discontinuance or reduction in such service. Upon 

684 resumption of service after such reduction or discontinuance, and if requested by the Contractor, 

685 the United States will, if possible, deliver the quantity of Project Water which would have been 

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

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

688 derived from Water Delivered to the Contractor hereunder which escapes or is discharged 

689 beyond the Contractor’s Boundaries; Provided, That this shall not be construed as claiming for 

690 the United States any right to seepage or return flow being put to reasonable and beneficial use 
Contract No. 14-06-200-5271A-LTR1 

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691 pursuant to this Contract within the Contractor’s Boundaries by the Contractor or those claiming 

692 by, through, or under the Contractor. 

693 CONSTRAINTS ON THE AVAILABILITY OF WATER

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

695 reasonable means to guard against a Condition of Shortage in the quantity of water to be made 

696 available to the Contractor pursuant to this Contract. In the event the Contracting Officer 

697 determines that a Condition of Shortage appears probable, the Contracting Officer will notify the 

698 Contractor of said determination as soon as practicable. 

699 (b) If there is a Condition of Shortage because of errors in physical operations 

700 of the Project, drought, other physical causes beyond the control of the Contracting Officer or 

701 actions taken by the Contracting Officer to meet legal obligations then, except as provided in 

702 subdivision (a) of Article 18 of this Contract, no liability shall accrue against the United States or 

703 any of its officers, agents, or employees for any damage, direct or indirect, arising therefrom. 

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

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

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

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

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

709 contractual obligations of the United States. 

710 (d) Project Water furnished under this Contract will be allocated in 

711 accordance with the then-existing Project M&I Water Shortage Policy. Such policy shall be 

712 amended, modified, or superseded only through a public notice and comment procedure. 

713 UNAVOIDABLE GROUNDWATER PERCOLATION

714 13. To the extent applicable, the Contractor shall not be deemed to have delivered 

715 Irrigation Water to Excess Lands or Ineligible Lands within the meaning of this Contract if such 
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716 lands are irrigated with groundwater that reaches the underground strata as an unavoidable result 

717 of the delivery of Irrigation Water by the Contractor to Eligible Lands. 

718 RULES AND REGULATIONS

719 14. The parties agree that the delivery of Irrigation Water or use of Federal facilities 

720 pursuant to this Contract is subject to Federal Reclamation law, including but not limited to the 

721 Reclamation Reform Act of 1982 (43 U.S.C.390aa et seq.), as amended and supplemented, and 

722 the rules and regulations promulgated by the Secretary of the Interior under Federal Reclamation 

723 law. 

724 WATER AND AIR POLLUTION CONTROL

725 15. The Contractor, in carrying out this Contract, shall comply with all applicable 

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

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

728 authorities. 

729 QUALITY OF WATER

730 16. (a) Project facilities used to deliver Project Water to the Contractor pursuant 

731 to this Contract shall be operated and maintained to enable the United States to deliver Project 

732 Water to the Contractor in accordance with the water quality standards specified in subsection 

733 2(b) of the Act of August 26, 1937 (50 Stat. 865), as added by Section 101 of the Act of 

734 October 27, 1986 (100 Stat. 3050) or other existing Federal laws. The United States is under no 

735 obligation to construct or furnish water treatment facilities to maintain or to improve the quality 

736 of Water Delivered to the Contractor pursuant to this Contract. The United States does not 

737 warrant the quality of Water Delivered to the Contractor pursuant to this Contract. 

738 (b) The O&M of Project facilities shall be performed in such manner as is 

739 practicable to maintain the quality of raw water made available through such facilities at the 

740 highest level reasonably attainable as determined by the Contracting Officer. The Contractor 

741 shall be responsible for compliance with all State and Federal water quality standards applicable 

742 to surface and subsurface agricultural drainage discharges generated through the use of Federal 

743 or Contractor facilities or Project Water provided by the Contractor within the Contractor’s 

744 Boundaries. 
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745 WATER ACQUIRED BY THE CONTRACTOR

746 OTHER THAN FROM THE UNITED STATES

747 17. (a) Water or water rights now owned or hereafter acquired by the Contractor 

748 other than from the United States and Irrigation Water furnished pursuant to the terms of this 

749 Contract may be simultaneously transported through the same distribution facilities of the 

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

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

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

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

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

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

756 Eligible Lands within the Contractor’s Boundaries can be established and the quantity of 

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

758 Eligible Lands; and (iv) if the facilities utilized for commingling Irrigation Water and non759 Project water are/were constructed with funds made available pursuant to Federal Reclamation 

760 law, the non-Project water will be subject to the acreage limitation provisions of Federal 

761 Reclamation law, unless the Contractor pays to the United States the incremental fee described in 

762 43 CFR 426.15. In determining the incremental fee, the Contracting Officer will calculate 

763 annually the cost to the Federal Government, including interest, on storing or delivering non764 Project water, which for purposes of this Contract shall be determined as follows: The quotient 

765 shall be the unpaid distribution system costs divided by the total irrigable acreage within the 

766 Contractor’s Boundaries. The incremental fee per acre is the mathematical result of such 

767 quotient times the interest rate determined using Section 202 (3) of the Act of October 12, 1982 

768 (96 Stat. 1263). Such incremental fee will be charged to each acre of excess or full cost land 

769 within the Contractor’s Boundaries that receives non-Project water through Federally financed or 

770 constructed facilities. The incremental fee calculation methodology will continue during the 

771 term of this Contract absent the promulgation of a contrary Reclamation-wide rule, regulation, or 
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772 policy adopted after the Contractor has been afforded the opportunity to review and comment on 

773 the proposed rule, regulation, or policy. If such rule, regulation, or policy is adopted it shall 

774 supercede this provision. 

775 (b) Water or water rights now owned or hereafter acquired by the Contractor, 

776 other than from the United States, may be stored, conveyed, and/or diverted through Project 

777 facilities, subject to the completion of appropriate environmental documentation, with the 

778 approval of the Contracting Officer and the execution of any contract determined by the 

779 Contracting Officer to be necessary, consistent with the following provisions: 

780 (1) The Contractor may introduce non-Project water into Project 

781 facilities and deliver said water to lands within the Contractor’s Boundaries, including Ineligible 

782 Lands, subject to payment to the United States and/or to any applicable Operating Non-Federal 

783 Entity of an appropriate rate as determined by the applicable Project ratesetting policy, the RRA, 

784 and the Project use power policy, if such Project use power policy is applicable, each as 

785 amended, modified, or superceded from time to time. 

786 (2) Delivery of such non-Project water in and through Project facilities 

787 shall only be allowed to the extent such deliveries do not: (i) interfere with other Project 

788 purposes as determined by the Contracting Officer; (ii) reduce the quantity or quality of water 

789 available to other Project Contractors; (iii) interfere with the delivery of contractual water 

790 entitlements to any other Project Contractors; or (iv) interfere with the physical maintenance of 

791 the Project facilities. 

792 (3) Neither the United States nor the Operating Non-Federal Entity 

793 shall be responsible for control, care, or distribution of the non-Project water before it is 

794 introduced into or after it is delivered from the Project facilities. The Contractor hereby releases 

795 and agrees to defend and indemnify the United States and the Operating Non-Federal Entity, and 

796 their respective officers, agents, and employees, from any claim for damage to persons or 

797 property, direct or indirect, resulting from the acts of the Contractor, its officers’, employees’, 
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798 agents’ or assigns’, act(s) in (i) extracting or diverting non-Project water from any source, or (ii) 

799 diverting such non-Project water into Project facilities. 

800 (4) Diversion of such non-Project water into Project facilities shall be 

801 consistent with all applicable laws, and if involving groundwater, consistent with any applicable 

802 ground-water management plan for the area from which it was extracted. 

803 (5) After Project purposes are met, as determined by the Contracting 

804 Officer, the United States and the Contractor shall share priority to utilize the remaining capacity 

805 of the facilities declared to be available by the Contracting Officer for conveyance and 

806 transportation of non-Project water prior to any such remaining capacity being made available to 

807 non-Project contractors. 

808 OPINIONS AND DETERMINATIONS

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

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

811 permitting such action to be predicated upon arbitrary, capricious, or unreasonable opinions or 

812 determinations. Both parties, notwithstanding any other provisions of this Contract, expressly 

813 reserve the right to seek relief from and appropriate adjustment for any such arbitrary, capricious, 

814 or unreasonable opinion or determination. Each opinion or determination by either party shall be 

815 provided in a timely manner. Nothing in subdivision (a) of Article 18 of this Contract is 

816 intended to or shall affect or alter the standard of judicial review applicable under Federal law to 

817 any opinion or determination implementing a specific provision of Federal law embodied in 

818 statute or regulation. 

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

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

821 laws of the United States and of the State of California, and the rules and regulations 

822 promulgated by the Secretary of the Interior. Such determinations shall be made in consultation 

823 with the Contractor to the extent reasonably practicable. 
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824 COORDINATION AND COOPERATION

825 19. (a) In order to further their mutual goals and objectives, the Contracting 

826 Officer and the Contractor shall communicate, coordinate, and cooperate with each other, and 

827 with other affected Project Contractors, in order to improve the operation and management of the 

828 Project. The communication, coordination, and cooperation regarding operations and 

829 management shall include, but not be limited to, any action which will or may materially affect 

830 the quantity or quality of Project Water supply, the allocation of Project Water supply, and 

831 Project financial matters including, but not limited to, budget issues. The communication, 

832 coordination, and cooperation provided for hereunder shall extend to all provisions of this 

833 Contract. Each party shall retain exclusive decision making authority for all actions, opinions, 

834 and determinations to be made by the respective party. 

835 (b) Within 120 days following the effective date of this Contract, the 

836 Contractor, other affected Project Contractors, and the Contracting Officer shall arrange to meet 

837 with interested Project Contractors to develop a mutually agreeable, written Project-wide 

838 process, which may be amended as necessary separate and apart from this Contract. The goal of 

839 this process shall be to provide, to the extent practicable, the means of mutual communication 

840 and interaction regarding significant decisions concerning Project operation and management on 

841 a real-time basis. 

842 (c) In light of the factors referred to in subdivision (b) of Article 3 of this 

843 Contract, it is the intent of the Secretary to improve water supply reliability. To carry out this 

844 intent: 

845 (1) The Contracting Officer will, at the request of the Contractor, 

846 assist in the development of integrated resource management plans for the Contractor. Further, 

847 the Contracting Officer will, as appropriate, seek authorizations for implementation of 

848 partnerships to improve water supply, water quality, and reliability. 
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849 (2) The Secretary will, as appropriate, pursue program and project 

850 implementation and authorization in coordination with Project Contractors to improve the water 

851 supply, water quality, and reliability of the Project for all Project purposes. 

852 (3) The Secretary will coordinate with Project Contractors and the 

853 State of California to seek improved water resource management. 

854 (4) The Secretary will coordinate actions of agencies within the 

855 Department of the Interior that may impact the availability of water for Project purposes. 

856 (5) The Contracting Officer shall periodically, but not less than 

857 annually, hold division level meetings to discuss Project operations, division level water 

858 management activities, and other issues as appropriate. 

859 (d) Without limiting the contractual obligations of the Contracting Officer 

860 under the other Articles of this Contract, nothing in this Article shall be construed to limit or 

861 constrain the Contracting Officer’s ability to communicate, coordinate, and cooperate with the 

862 Contractor or other interested stakeholders or to make decisions in a timely fashion as needed to 

863 protect health, safety, or the physical integrity of structures or facilities. 

864 CHARGES FOR DELINQUENT PAYMENTS

865 20. (a) The Contractor shall be subject to interest, administrative and penalty 

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

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

868 the due date. When a payment becomes sixty (60) days delinquent, the Contractor shall pay an 

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

870 When a payment is delinquent ninety (90) days or more, the Contractor shall pay an additional 

871 penalty charge of six (6%) percent per year for each day the payment is delinquent beyond the 

872 due date. Further, the Contractor shall pay any fees incurred for debt collection services 

873 associated with a delinquent payment. 

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

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

876 or the interest rate of one-half of one (0.5%) percent per month prescribed by Section 6 of the 

877 Reclamation Project Act of 1939 (Public Law 76-260). The interest charge rate shall be 

878 determined as of the due date and remain fixed for the duration of the delinquent period. 
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879 (c) When a partial payment on a delinquent account is received, the amount 

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

881 accrued interest, and finally to the overdue payment. 

882 EQUAL OPPORTUNITY

883 21. During the performance of this Contract, the Contractor agrees as follows: 

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

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

886 affirmative action to ensure that applicants are employed, and that employees are treated during 

887 employment, without regard to their race, color, religion, sex, or national origin. Such action 

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

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

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

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

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

893 nondiscrimination clause. 

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

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

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

897 national origin. 

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

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

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

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

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

903 employees and applicants for employment. 

904 (d) The Contractor will comply with all provisions of Executive Order 

905 No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders 

906 of the Secretary of Labor. 

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

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

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

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

911 such rules, regulations, and orders. 

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

913 clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be 

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

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

916 amended Executive Order, and such other sanctions may be imposed and remedies invoked as 
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917 provided in said Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as 

918 otherwise provided by law. 

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

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

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

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

923 action with respect to any subcontract or purchase order as may be directed by the Secretary of 

924 Labor as a means of enforcing such provisions, including sanctions for noncompliance: 

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

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

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

928 GENERAL OBLIGATION--BENEFITS CONDITIONED UPON PAYMENT

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

930 this Contract is a general obligation of the Contractor notwithstanding the manner in which the 

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

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

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

934 to receiving benefits under this Contract. The United States shall not make water available to the 

935 Contractor through Project facilities during any period in which the Contractor may be in arrears 

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

937 water made available pursuant to this Contract for lands or parties which are in arrears in the 

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

939 (c) With respect to subdivision (b) of this Article, the Contractor shall have no 

940 obligation to require advance payment for water rates which it levies. 

941 COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS

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

943 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1975 (P.L. 93-112, as amended), the 

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

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

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

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

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

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

950 receiving financial assistance from the Bureau of Reclamation. By executing this Contract, the 

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

952 including permitting officials of the United States to inspect premises, programs, and documents. 
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953 (c) The Contractor makes this agreement in consideration of and for the 

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

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

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

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

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

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

960 enforcement thereof. 

961 PRIVACY ACT COMPLIANCE

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

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

964 seq.) in maintaining Landholder acreage certification and reporting records, required to be 

965 submitted to the Contractor for compliance with Sections 206 and 228 of the Reclamation 

966 Reform Act of 1982 (96 Stat. 1266), and pursuant to 43 CFR 426.18. 

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

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

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

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

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

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

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

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

975 information contained in the Landholder's certification and reporting records. 

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

977 Bureau of Reclamation to be the System Manager who shall be responsible for making decisions 

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

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

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

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

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

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

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

985 certification and reporting forms filed with the Contractor pursuant to 43 CFR 426.18, unless the 

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

987 CONTRACTOR TO PAY CERTAIN MISCELLANEOUS COSTS

988 25. In addition to all other payments to be made by the Contractor pursuant to this 

989 Contract, the Contractor shall pay to the United States, within 60 days after receipt of a bill and 
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990 detailed statement submitted by the Contracting Officer to the Contractor for such specific items 

991 of direct cost incurred by the United States for work requested by the Contractor associated with 

992 this Contract plus indirect costs in accordance with applicable Bureau of Reclamation policies 

993 and procedures. All such amounts referred to in this Article shall not exceed the amount agreed 

994 to in writing in advance by the Contractor. This Article shall not apply to costs for routine 

995 contract administration. 

996 WATER CONSERVATION

997 26. (a) Prior to the delivery of water provided from or conveyed through 

998 Federally constructed or Federally financed facilities pursuant to this Contract, the Contractor 

999 shall be implementing an effective water conservation and efficiency program based on the 

1000 Contractor's water conservation plan that has been determined by the Contracting Officer to meet 

1001 the conservation and efficiency criteria for evaluating water conservation plans established under 

1002 Federal law. The water conservation and efficiency program shall contain definite water 

1003 conservation objectives, appropriate economically feasible water conservation measures, and 

1004 time schedules for meeting those objectives. Continued Project Water delivery pursuant to this 

1005 Contract shall be contingent upon the Contractor’s continued implementation of such water 

1006 conservation program. In the event the Contractor's water conservation plan or any revised water 

1007 conservation plan completed pursuant to subdivision (d) of Article 26 of this Contract have not 

1008 yet been determined by the Contracting Officer to meet such criteria, due to circumstances which 

1009 the Contracting Officer determines are beyond the control of the Contractor, water deliveries 

1010 shall be made under this Contract so long as the Contractor diligently works with the Contracting 

1011 Officer to obtain such determination at the earliest practicable date, and thereafter the Contractor 

1012 immediately begins implementing its water conservation and efficiency program in accordance 

1013 with the time schedules therein. 

1014 (b) Should the amount of M&I Water delivered pursuant to subdivision (a) of 

1015 Article 3 of this Contract equal or exceed 2,000 acre-feet per Year, the Contractor shall 
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1016 implement the Best Management Practices identified by the time frames issued by the California 

1017 Urban Water Conservation Council for such M&I Water unless any such practice is determined 

1018 by the Contracting Officer to be inappropriate for the Contractor. 

1019 (c) The Contractor shall submit to the Contracting Officer a report on the 

1020 status of its implementation of the water conservation plan on the reporting dates specified in the 

1021 then existing conservation and efficiency criteria established under Federal law. 

1022 (d) At five-year intervals, the Contractor shall revise its water conservation 

1023 plan to reflect the then current conservation and efficiency criteria for evaluating water 

1024 conservation plans established under Federal law and submit such revised water management 

1025 plan to the Contracting Officer for review and evaluation. The Contracting Officer will then 

1026 determine if the water conservation plan meets Reclamation’s then current conservation and 

1027 efficiency criteria for evaluating water conservation plans established under Federal law. 

1028 (e) If the Contractor is engaged in direct ground-water recharge, such activity 

1029 shall be described in the Contractor’s water conservation plan. 

1030 EXISTING OR ACQUIRED WATER OR WATER RIGHTS

1031 27. Except as specifically provided in Article 17 of this Contract, the provisions of 

1032 this Contract shall not be applicable to or affect non-Project water or water rights now owned or 

1033 hereafter acquired by the Contractor or any user of such water within the Contractor’s 

1034 Boundaries. Any such water shall not be considered Project Water under this Contract. In 

1035 addition, this Contract shall not be construed as limiting or curtailing any rights which the 

1036 Contractor or any water user within the Contractor’s Boundaries acquires or has available under 

1037 any other contract pursuant to Federal Reclamation law. 

1038 OPERATION AND MAINTENANCE BY OPERATING NON-FEDERAL ENTITY

1039 28. (a) The O&M of a portion of the Project facilities which serve the Contractor, 

1040 and responsibility for funding a portion of the costs of such O&M, have been transferred to the 

1041 Operating Non-Federal Entity by separate agreement between the United States and the 
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1042 Operating Non-Federal Entity. That separate agreement shall not interfere with or affect the 

1043 rights or obligations of the Contractor or the United States hereunder. 

1044 (b) The Contracting Officer has previously notified the Contractor in writing 

1045 that the O&M of a portion of the Project facilities which serve the Contractor has been 

1046 transferred to the Operating Non-Federal Entity, and therefore, the Contractor shall pay directly 

1047 to the Operating Non-Federal Entity, or to any successor approved by the Contracting Officer 

1048 under the terms and conditions of the separate agreement between the United States and the 

1049 Operating Non-Federal Entity described in subdivision (a) of this Article, all rates, charges, or 

1050 assessments of any kind, including any assessment for reserve funds, which the Operating Non1051 Federal Entity or such successor determines, sets, or establishes for the O&M of the portion of 

1052 the Project facilities operated and maintained by the Operating Non-Federal Entity or such 

1053 successor. Such direct payments to the Operating Non-Federal Entity or such successor shall not 

1054 relieve the Contractor of its obligation to pay directly to the United States the Contractor’s share 

1055 of the Project Rates, Charges, and Tiered Pricing Component(s) except to the extent the 

1056 Operating Non-Federal Entity collects payments on behalf of the United States in accordance 

1057 with the separate agreement identified in subdivision (a) of this Article. 

1058 (c) For so long as the O&M of any portion of the Project facilities serving the 

1059 Contractor is performed by the Operating Non-Federal Entity, or any successor thereto, the 

1060 Contracting Officer shall adjust those components of the Rates for Water Delivered under this 

1061 Contract representing the cost associated with the activity being performed by the Operating 

1062 Non-Federal Entity or its successor. 

1063 (d) In the event the O&M of the Project facilities operated and maintained by 

1064 the Operating Non-Federal Entity is re-assumed by the United States during the term of this 

1065 Contract, the Contracting Officer shall so notify the Contractor, in writing, and present to the 

1066 Contractor a revised Exhibit “B” which shall include the portion of the Rates to be paid by the 

1067 Contractor for Project Water under this Contract representing the O&M costs of the portion of 
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1068 such Project facilities which have been re-assumed. The Contractor shall, thereafter, in the 

1069 absence of written notification from the Contracting Officer to the contrary, pay the Rates, 

1070 Charges, and Tiered Pricing Component(s) specified in the revised Exhibit “B” directly to the 

1071 United States in compliance with Article 7 of this Contract. 

1072 CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS

1073 29. The expenditure or advance of any money or the performance of any obligation of 

1074 the United States under this Contract shall be contingent upon appropriation or allotment of 

1075 funds. Absence of appropriation or allotment of funds shall not relieve the Contractor from any 

1076 obligations under this Contract. No liability shall accrue to the United States in case funds are 

1077 not appropriated or allotted. 

1078 BOOKS, RECORDS, AND REPORTS

1079 30. (a) The Contractor shall establish and maintain accounts and other books and 

1080 records pertaining to administration of the terms and conditions of this Contract, including: the 

1081 Contractor's financial transactions, water supply data, and Project land and right-of-way 

1082 agreements; the water users' land-use (crop census), land ownership, land-leasing and water use 

1083 data; and other matters that the Contracting Officer may require. Reports thereon shall be 

1084 furnished to the Contracting Officer in such form and on such date or dates as the Contracting 

1085 Officer may require. Subject to applicable Federal laws and regulations, each party to this 

1086 Contract shall have the right during office hours to examine and make copies of the other party's 

1087 books and records relating to matters covered by this Contract. 

1088 (b) Notwithstanding the provisions of subdivision (a) of this Article, no 

1089 books, records, or other information shall be requested from the Contractor by the Contracting 

1090 Officer unless such books, records, or information are reasonably related to the administration or 

1091 performance of this Contract. Any such request shall allow the Contractor a reasonable period of 

1092 time within which to provide the requested books, records, or information. 

1093 (c) At such time as the Contractor provides information to the Contracting 

1094 Officer pursuant to subdivision (a) of this Article, a copy of such information shall be provided 

1095 to the Operating Non-Federal Entity. 
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1096 ASSIGNMENT LIMITED--SUCCESSORS AND ASSIGNS OBLIGATED

1097 31. (a) The provisions of this Contract shall apply to and bind the successors and 

1098 assigns of the parties hereto, but no assignment or transfer of this Contract or any right or interest 

1099 therein shall be valid until approved in writing by the Contracting Officer. 

1100 (b) The assignment of any right or interest in this Contract by either party 

1101 shall not interfere with the rights or obligations of the other party to this Contract absent the 

1102 written concurrence of said other party. 

1103 (c) The Contracting Officer shall not unreasonably condition or withhold his 

1104 approval of any proposed assignment. 

1105 SEVERABILITY

1106 32. In the event that a person or entity who is neither (i) a party to a Project contract, 

1107 nor (ii) a person or entity that receives Project Water from a party to a Project contract, nor (iii) 

1108 an association or other form of organization whose primary function is to represent parties to 

1109 Project contracts, brings an action in a court of competent jurisdiction challenging the legality or 

1110 enforceability of a provision included in this Contract and said person, entity, association, or 

1111 organization obtains a final court decision holding that such provision is legally invalid or 

1112 unenforceable and the Contractor has not intervened in that lawsuit in support of the plaintiff(s), 

1113 the parties to this Contract shall use their best efforts to (i) within 30 days of the date of such 

1114 final court decision identify by mutual agreement the provisions in this Contract which must be 

1115 revised, and (ii) within three months thereafter promptly agree on the appropriate revision(s). 

1116 The time periods specified above may be extended by mutual agreement of the parties. Pending 

1117 the completion of the actions designated above, to the extent it can do so without violating any 

1118 applicable provisions of law, the United States shall continue to make the quantities of Project 

1119 Water specified in this Contract available to the Contractor pursuant to the provisions of this 

1120 Contract which were not found to be legally invalid or unenforceable in the final court decision. 

1121 RESOLUTION OF DISPUTES

1122 33. Should any dispute arise concerning any provisions of this Contract, or the 

1123 parties’ rights and obligations thereunder, the parties shall meet and confer in an attempt to 
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1124 resolve the dispute. Prior to the Contractor commencing any legal action, or the Contracting 

1125 Officer referring any matter to Department of Justice, the party shall provide to the other party 

1126 30 days’ written notice of the intent to take such action; Provided, that such notice shall not be 

1127 required where a delay in commencing an action would prejudice the interests of the party that 

1128 intends to file suit. During the 30-day notice period, the Contractor and the Contracting Officer 

1129 shall meet and confer in an attempt to resolve the dispute. Except as specifically provided, 

1130 nothing herein is intended to waive or abridge any right or remedy that the Contractor or the 

1131 United States may have. 

1132 OFFICIALS NOT TO BENEFIT

1133 34. No Member of or Delegate to Congress, Resident Commissioner, or official of the 

1134 Contractor shall benefit from this Contract other than as a water user or landowner in the same 

1135 manner as other water users or landowners. 

1136 CHANGES IN CONTRACTOR’S BOUNDARIES

1137 35. (a) While this Contract is in effect, no change may be made in the 

1138 Contractor’s Boundaries, by inclusion or exclusion of lands, dissolution, consolidation, merger, 

1139 or otherwise, except upon the Contracting Officer's written consent. 

1140 (b) Within 30 days of receipt of a request for such a change, the Contracting 

1141 Officer will notify the Contractor of any additional information required by the Contracting 

1142 Officer for processing said request, and both parties will meet to establish a mutually agreeable 

1143 schedule for timely completion of the process. Such process will analyze whether the proposed 

1144 change is likely to: (i) result in the use of Project Water contrary to the terms of this Contract; 

1145 (ii) impair the ability of the Contractor to pay for Project Water furnished under this Contract or 

1146 to pay for any Federally-constructed facilities for which the Contractor is responsible; and (iii) 

1147 have an impact on any Project Water rights applications, permits, or licenses. In addition, the 

1148 Contracting Officer shall comply with the NEPA and ESA. The Contractor will be responsible 

1149 for all costs incurred by the Contracting Officer in this process, and such costs will be paid in 

1150 accordance with Article 25 of this Contract. 
Contract No. 14-06-200-5271A-LTR1 

44

1151 FEDERAL LAWS

1152 36. By entering into this Contract, the Contractor does not waive its rights to contest 

1153 the validity or application in connection with the performance of the terms and conditions of this 

1154 Contract of any Federal law or regulation; Provided, That the Contractor agrees to comply with 

1155 the terms and conditions of this Contract unless and until relief from application of such Federal 

1156 law or regulation to the implementing provision of the Contract is granted by a court of 

1157 competent jurisdiction. 

NOTICES

1158 

1159 37. Any notice, demand, or request authorized or required by this Contract shall be 

1160 deemed to have been given, on behalf of the Contractor, when mailed, postage prepaid, or 

1161 delivered to the Area Manager, Bureau of Reclamation, Northern California Area Office, 16349 

1162 Shasta Dam Boulevard, Shasta Lake, California 96019, and on behalf of the United States, when 

1163 mailed, postage prepaid, or delivered to the Board of Directors of the Thomes Creek Water 

1164 District, P. O. Box 1017, 6322 Rawson Road, Corning, California 96021. The designation of 

1165 the addressee or the address may be changed by notice given in the same manner as provided in 

1166 this Article for other notices. 

1167 CONFIRMATION OF CONTRACT

1168 38. The Contractor, after the execution of this Contract, shall promptly seek to secure 

1169 a decree of a court of competent jurisdiction of the State of California, confirming the execution 

1170 of this Contract. The Contractor shall furnish the United States a certified copy of the final 

1171 decree, the validation proceedings, and all pertinent supporting records of the court approving 

1172 and confirming this Contract, and decreeing and adjudging it to be lawful, valid, and binding on 

1173 the Contractor. 
Contract No. 14-06-200-5271A-LTR1 

45

1174 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day 

1175 and year first above written. 

1176 THE UNITED STATES OF AMERICA 

1177 By: ______________________________________ 

1178 Regional Director, Mid-Pacific Region 

1179 Bureau of Reclamation 

1180 THOMES CREEK WATER DISTRICT 

1181 By: ______________________________________ 

1182 President of the Board of Directors 

1183 Attest: 

1184 By: _______________________________ 

1185 Secretary of the Board of Directors 

1186 (I:\LTRC\LTRC Drafts\04-19-2004-01 Thomes Creek WD Final LTRC Draft Contract.doc) 
Contract No. 14-06-200-5271A-LTR1 

EXHIBIT A

[Map or Description of Boundaries]
Contract No. 14-06-200-5271A-LTR1 

EXHIBIT B 

Rates and Charges 

THOMES CREEK WATER DISTRICT 

 

 2003 Rates Per Acre-Foot 

 Irrigation M&I

CONTRACT RATE * $14.70 

(1st Tier - <80% of Contract Total) 

 

2ND TIER [>80% <90% of Contract Total] $26.12 

(Sec. 202(3) Full Cost Rate + Contract Rate/ 2) ** 

 

3RD TIER [> 90% of Contract Total] $37.54 

(Sec. 202(3) Full Cost Rate) ** 

FULL-COST RATES: ** 

RRA Section 202(3) rate is applicable to 

Qualified Recipients or to Limited 

Recipients receiving irrigation water 

on or before October 1, 1981. $37.54 

RRA Section 205(a)(3) rate is applicable 

to Limited Recipients that did not 

receive irrigation water on or before 

October 1, 1981. $44.73 

SURCHARGES UNDER P.L. 102-575 TO 

RESTORATION FUND*** 

Restoration Payments [3407(d)(2)(A)] $0.00 

* Capital component of cost-of-service rate is not included in Contract Rate due to ability to pay relief for 

Contractor established pursuant to the results of the Payment Capacity Analysis for the Tehama-Colusa 

Water Users Association Service Area as announced by letter dated February 10, 1995. 

** Contractors with 9(d) distribution systems do not have the 9(d) Full Cost component included for 

tiered pricing calculations. See Article 1(j). 

*** These surcharges are payments in addition to the water rates and are determined pursuant to Title 

XXXIV of P.L. 102-575. Restoration Fund surcharges under P.L. 102-575 are on a fiscal year basis (10/1 

-9/30). Contractors with ability to pay relief do not pay Restoration Fund charges for irrigation water. 

Note: Additional detail of rate components is available on the Internet at http:/www.mp.usbr.gov/ 

cvpwaterrates/.