R.O. Draft 02/26-2003 

 R.O. Draft 03/06-2003 

Contract No. 14-06-200-1604A 

Standard Irrigation Form 

UNITED STATES 

DEPARTMENT OF THE INTERIOR 

BUREAU OF RECLAMATION 

Central Valley Project, California 

CONTRACT BETWEEN THE UNITED STATES AND 

JACK W. BABER, JUDITH S. BABER, 

 JACK W. BABER, JR. AND PIXIE E. BABER, 

DIVERTER OF WATER FROM SACRAMENTO RIVER SOURCES, 

SETTLING WATER RIGHTS DISPUTES AND 

PROVIDING FOR PROJECT WATER 

Table of Contents

Article No. Title Page No. 

Preamble 1 

Explanatory Recitals 2-3 

1 Definitions 3-6 

2 Term of Contract 7 

3 Water to be Furnished to Contractor 7-10 

4 Return Flow 10-11 

5 Constraints on the Availability of Water 11-12 

6 Integrated Water Management and Partnerships 12-13 

7 Use of Water Furnished to Contractor 13 

8 Rate and Method of Payment for Water 14-18 

9 Agreement on Water Quantities 19-21 

10 Measurement of Water 21-23 

11 Rules and Regulations 23 

12 General Obligation – Benefits Conditioned 

Upon Payment 23-24 

13 Charges For Delinquent Payments 24 

14 Quality of Water 24-25 

15 Water and Air Pollution Control 25 

16 Equal Opportunity 25-26 

17 Compliance With Civil Rights Laws 

And Regulations 26-27 
Table of Contents – continued

Article No. Title Page No.

18 Mingling of Contractor’s Project and 

Non-Project Water 27-28 

19 Books, Records, and Reports 28 

20 Change Of Place Of Use Or Organization 28-29 

21 Consolidation Of Contracting Entities 29 

22 Notices 29 

23 Assignment Limited – Successors and 

Assigns Obligated 29-30 

24 Officials Not to Benefit 30 

25 Contingent Upon Appropriation or 

Allotment of Funds 30 

26 Confirmation of Contract 30 

27 Unavoidable Groundwater Percolation 30 

28 Privacy Act Compliance 31 

29 Water Conservation 31-33 

30 Opinions And Determinations 33 

31 Contractor to Pay Certain Miscellaneous Costs 34 

32 Waiver of Default 34 

 Signatures 35 

Exhibit A Schedule of Monthly Diversions of Water 

Exhibit B Map of Contractor’s Ownership 

Exhibit C Unit Duties 

Exhibit D Rates and Charges 
1 R.O. Draft 02/26-2003 

2 R.O. Draft 03/06-2003 

3 Contract No. 14-06-200-1604A 

4 Standard Irrigation Form 

5 

6 UNITED STATES 

7 DEPARTMENT OF THE INTERIOR 

8 BUREAU OF RECLAMATION 

9 Central Valley Project, California 

10 

11 CONTRACT BETWEEN THE UNITED STATES AND 

12 JACK W. BABER, JUDITH S. BABER, 

13 JACK W. BABER, JR. AND PIXIE E. BABER, 

14 DIVERTER OF WATER FROM SACRAMENTO RIVER SOURCES, 

15 SETTLING WATER RIGHTS DISPUTES AND 

16 PROVIDING FOR PROJECT WATER 

17 

18 

19 THIS CONTRACT, hereinafter referred to as “Settlement Contract,” is 

20 entered into by THE UNITED STATES OF AMERICA, hereinafter referred to as the 

21 United States, made this _____ day of ____________________, 2004, pursuant to the 

22 applicable authority granted to it generally in the Act of June 17, 1902 (32 Stat. 388), and 

23 acts amendatory or supplementary thereto, including, but not limited to, the Acts of 

24 August 26, 1937 (50 Stat. 844), as amended and supplemented, August 4, 1939 (53 Stat. 

25 1187), as amended and supplemented, including, but not limited to, Sections 9 and 14 

26 thereto, July 2, 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 

27 Stat. 1262), October 27, 1986 (100 Stat. 3050), as amended, and Title XXXIV of the Act 

28 of October 30, 1992 (106 Stat. 4706), all collectively hereinafter referred to as Federal 

29 Reclamation law, and JACK W. BABER, JUDITH S. BABER, JACK W. BABER, JR. 

30 AND PIXIE E. BABER, hereinafter referred to as the Contractor, a tenancy in common, 

31 acting pursuant to Sections 12003 and 12004 of the California Water Code, with its 

32 principal place of business in California; 
2

1 WITNESSETH, that: 

2 EXPLANATORY RECITALS

[1st] 3 WHEREAS, the United States has constructed and is operating the Central 

4 Valley Project, California, for multiple purposes pursuant to its statutory authority; and 

[2nd] 5 WHEREAS, the Contractor has rights to divert, is diverting, and will 

6 continue to divert for reasonable beneficial use, water from the natural flow of the 

7 Sacramento River and tributaries thereto, that would have been flowing therein if the 

8 Central Valley Project were not in existence; and 

[3rd] 9 WHEREAS, the construction and operation of the integrated and 

10 coordinated Central Valley Project has changed and will further change the regimen of 

11 the Sacramento, American, San Joaquin, and Trinity Rivers and the Sacramento-San 

12 Joaquin Delta from unregulated flow to regulated flow; and 

[4th] 13 WHEREAS, the United States has rights to divert, is diverting, and will 

14 continue to divert waters from said Rivers and said Delta in connection with the operation 

15 of said Central Valley Project, and 

[5th] 16 WHEREAS, the Contractor and the United States had a dispute over the 

17 respective rights of the parties to divert and use water from the regulated flow of the 

18 Sacramento River which threatened to result in litigation, and as a means to settle that 

19 dispute entered into Contract No. 14-06-200-1604A, as amended, hereinafter referred to 

20 as the Existing Contract, which established terms for the delivery to the Contractor of 

21 Central Valley Project Water, and the quantities of Base Supply the United States and the 

22 Contractor agreed may be diverted by the Contractor from the Sacramento River pursuant 

23 to such contract; and 
3

[6th] 1 WHEREAS, the United States and the Contractor disagree with respect to 

2 the authority of the United States to change the quantities of Base Supply and/or Project 

3 Water specified as available for diversion in this Settlement Contract from the quantities 

4 specified in the Existing Contract, and other issues related thereto. That dispute was the 

5 subject of litigation in a lawsuit entitled Glenn-Colusa Irrigation District, et al. v. United 

6 States, et al. [Civ. No. S-01-1816 GEB/JFM (E.D. Cal.)], but that litigation was 

7 dismissed, without prejudice, pursuant to a stipulation of dismissal filed by the parties 

8 thereto on August 29, 2002. Notwithstanding that dismissal, the Contractor and the 

9 United States enter into this Settlement Contract to renew the Existing Contract, pursuant 

10 to the terms of the Existing Contract, Federal Reclamation law, and the laws of the State 

11 of California; and

[7th] 12 WHEREAS, to assure the Contractor of the enjoyment and use of the 

13 regulated flow of the said Rivers and the Delta, and to provide for the economical 

14 operation of the Central Valley Project by, and the reimbursement to, the United States 

15 for expenditures made for said Project. 

16 NOW, THEREFORE, in consideration of the performance of the herein 

17 contained provisions, conditions, and covenants, it is agreed as follows:

18 DEFINITIONS

19 1. When used herein, unless otherwise expressed or incompatible with the 

20 intent hereof, the term: 

21 (a) “Base Supply” shall mean the quantity of Surface Water 

22 established in Articles 3 and 5 which may be diverted by the Contractor from the 
4

1 Sacramento River each month during the period April through October of each Year 

2 without payment to the United States for such quantities diverted; 

3 (b) “Basin-Wide Water Management Plan” shall mean the mutually 

4 agreeable Sacramento River Basinwide Water Management Plan, dated _______, 

5 developed by Glenn-Colusa Irrigation District, Maxwell Irrigation District, Natomas 

6 Central Mutual Water Company, Pelger Mutual Water Company, Princeton-Codora7 Glenn Irrigation District, Provident Irrigation District, Reclamation District 108, Sutter 

8 Mutual Water Company, Anderson-Cottonwood Irrigation District, M&T, Inc., Meridian 

9 Farms Water Company, Reclamation District 1004 and the U.S. Bureau of Reclamation. 

10 (c) “Charges” shall mean the payments for Project Water that the 

11 Contractor is required to pay to the United States in addition to the “Rates” specified in 

12 this Settlement Contract. The Contracting Officer will, on an annual basis, determine the 

13 extent of these Charges. The type and amount of each Charge shall be specified in 

14 Exhibit D; 

15 (d) “Contract Total” shall mean the sum of the Base Supply and 

16 Project Water available for diversion by the Contractor for the period April 1 through 

17 October 31; 

18 (e) “Critical Year” shall mean any Year in which either of the 

19 following eventualities exists: 

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

21 current Water Year, as such forecast is made by the United States on or before February 

22 15 and reviewed as frequently thereafter as conditions and information warrant, is equal 

23 to or less than 3.2 million acre-feet; or 
5

1 (2) The total accumulated actual deficiencies below 4 million 

2 acre-feet in the immediately prior Water Year or series of successive prior Water Years 

3 each of which had inflows of less than 4 million acre-feet, together with the forecasted 

4 deficiency for the current Water Year, exceed 800,000 acre-feet. 

5 For the purpose of determining a Critical Year, the computation of inflow 

6 to Shasta Lake shall be performed in a manner that considers the extent of upstream 

7 development above Shasta Lake during the year in question, and shall be used as the full 

8 natural flow to Shasta Lake. In the event that major construction has occurred or occurs 

9 above Shasta Lake after September 1, 1963 and which has materially altered or alters the 

10 regimen of the stream systems contributing to Shasta Lake, the computed inflow to 

11 Shasta Lake used to define a Critical Year will be adjusted to eliminate the effect of such 

12 material alterations. After consultation with the State of California, the National Weather 

13 Service, and other recognized forecasting agencies, the Contracting Officer will select the 

14 forecast to be used and will make the details of it available to the Contractor. The same 

15 forecasts used by the United States for the operation of the Project shall be used to make 

16 the forecasts hereunder; 

17 (f) “CVPIA” shall mean the Central Valley Project Improvement Act, 

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

19 (g) “Eligible Lands” shall mean all lands to which Project Water may 

20 be delivered in accordance with Section 204 of the Reclamation Reform Act of October 

21 12, 1982 (96 Stat. 1263), as amended, hereinafter referred to as RRA;
6

1 (h) “Excess Lands” shall mean all lands in excess of the limitations 

2 contained in Section 204 of the RRA, other than those lands exempt from acreage 

3 limitation under Federal Reclamation law; 

4 (i) “Full Cost Rate” shall mean that water rate described in Sections 

5 205(a)(3) or 202(3) of the RRA, whichever is applicable; 

6 (j) “Ineligible Lands” shall mean all lands to which Project Water 

7 may not be delivered in accordance with Section 204 of the RRA; 

8 (k) “Landholder” shall mean a party that directly or indirectly owns or 

9 leases nonexempt land, as provided in 43 CFR 426.2; 

10 (l) “Project” shall mean the Central Valley Project owned by the 

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

12 (m) “Project Water” shall mean all Surface Water diverted or 

13 scheduled to be diverted each month during the period April through October of each 

14 Year by the Contractor from the Sacramento River which is in excess of the Base Supply. 

15 The United States recognizes the right of the Contractor to make arrangements for 

16 acquisition of water from projects of others than the United States for delivery through 

17 the Sacramento River and tributaries subject to written agreement between Contractor 

18 and the United States as to identification of such water which water when so identified 

19 shall not be deemed Project Water under this Settlement Contract; 

20 (n) “Rates” shall mean the payments for Project Water determined 

21 annually by the Contracting Officer in accordance with the then current applicable water 

22 ratesetting policies for the Project, as described in subdivision (a) of Article 8 of this 

23 Settlement Contract; 
7

1 (o) “Secretary” or “Contracting Officer” shall mean the Secretary of 

2 the Interior, a duly appointed successor, or an authorized representative acting pursuant to 

3 any authority of the Secretary and through any agency of the Department of the Interior; 

4 (p) “Surface Water” shall mean only those waters that are considered 

5 as surface water under California law; 

6 (q) “Water Year” shall mean the period commencing with October 1 

7 of one year and extending through September 30 of the next; and 

8 (r) “Year” shall mean a calendar year. 

9 TERM OF SETTLEMENT CONTRACT

10 2. (a) This Settlement Contract shall become effective April 1, 2004, and 

11 shall remain in effect until and including March 31, 2044: Provided, that under terms and 

12 conditions mutually agreeable to the parties hereto, renewals may be made for successive 

13 periods not to exceed 40 years each. The terms and conditions of each renewal shall be 

14 agreed upon not later than one year prior to the expiration of the then existing Settlement 

15 Contract. 

16 (b) With respect to Project Water and the portions of this Settlement 

17 Contract pertaining thereto, upon written request by the Contractor of the Secretary made 

18 not later than one year prior to the expiration of this Settlement Contract, whenever, 

19 account being taken of the amount then credited to the costs of construction of water 

20 supply works, the remaining amount of construction costs of water supply work which is 

21 properly assignable for ultimate return by the Contractor as established by the Secretary 

22 of the Interior pursuant to (3) of Section 1 of Public Law 643 (70 Stat. 483), probably can 

23 be repaid to the United States within the term of a contract under subsection 9(d) of the 
8

1 1939 Reclamation Project Act (53 Stat. 1187), the relevant portions of this Settlement 

2 Contract may be converted to a contract under said subsection 9(d) upon terms and 

3 conditions mutually agreeable to the United States and the Contractor. The Secretary 

4 shall make a determination 10 years after the date of execution of this Settlement

5 Contract, and every five years thereafter, of whether a conversion to a contract under said 

6 subsection 9(d) can be accomplished pursuant to Public Law 643. Notwithstanding any 

7 provision of this Settlement Contract, the Contractor reserves and shall have all rights and 

8 benefits under Public Law 643. 

9 WATER TO BE FURNISHED TO CONTRACTOR

10 3. (a) Subject to the conditions, limitations, and provisions hereinafter 

11 expressed, the Contractor is hereby entitled and authorized to divert from the Sacramento 

12 River at the locations shown in Exhibit A, for beneficial use within the area delineated on 

13 Exhibit B, (both Exhibits are attached hereto and made a part hereof), the Contract Total 

14 designated in Exhibit A, or any revision thereof, in accordance with the monthly 

15 operating schedule required by Article 3(c) of this Settlement Contract. The quantity of 

16 any water diverted under this Settlement Contract from the Sacramento River, during the 

17 period April through October, for use on any lands delineated on Exhibit B, by the owner 

18 of such lands or otherwise shall constitute a part of the Contract Total as shown on 

19 Exhibit A and shall be subject to all the provisions of this Settlement Contract relating to 

20 such Contract Total as if such diversion were made by the Contractor. 

21 (b) The Contractor may have acquired rights to divert water from the 

22 Sacramento River during the period April through October, that were obtained after the 

23 date of execution of the Existing Contract, or the Contractor may acquire such rights in 
9

1 the future. All diversions made from the Sacramento River, pursuant to such rights, 

2 during the period April through October, shall not be considered a part of the quantity of 

3 Base Supply and Project Water specified in Exhibit A; Provided, that the quantities 

4 diverted pursuant to the above rights shall be identified on the schedule submitted 

5 pursuant to Article 3(c) below, and shall not be substituted for any Base Supply or Project 

6 Water; Provided, further, that any such identified quantities of other acquired rights may 

7 be diverted by the Contractor before incurring any fee pursuant to Article 3(c)(1), below. 

8 (c) Before April 1 and before the first day of each month thereafter 

9 when a revision is needed, the Contractor shall submit a written schedule to the 

10 Contracting Officer indicating the Contract Total to be diverted by the Contractor during 

11 each month under this Settlement Contract. The United States shall furnish water to the 

12 Contractor in accordance with the monthly operating schedule or any revisions thereof. 

13 However, the United States recognizes the need of the Contractor to change from time to 

14 time its monthly diversions of water from the quantities shown in Exhibit A; the 

15 Contractor may make such changes, provided: 

16 (1) that for the quantity of Base Supply diverted in excess of 

17 the monthly quantity shown in Exhibit A, and as may be reduced in accordance with 

18 Article 5(a), during June, July, August, September, or October of any Water Year, the 

19 Contractor shall be charged a rescheduling fee equal to 50% of the sum of the storage 

20 operations and maintenance rate and the storage capital rate components of the Project 

21 ratesetting policy. 

22 (2) that in no event shall the total quantity scheduled for 

23 diversion by the Contractor from the Sacramento River: 
10

1 (i) During the period April through October exceed the 

2 aggregate of the Contract Total for that period shown in Exhibit A or any revision 

3 thereof; 

4 (ii) During the period July through September exceed 

5 the aggregate of the Contract Total for that period shown in Exhibit A or any revision 

6 thereof. 

7 (d) In the event conditions warrant, the Contracting Officer reserves 

8 the right to require the Contractor to submit, at least 72 hours prior to the beginning of 

9 each weekly period, its estimate of daily diversion requirements for each such period 

10 from the Sacramento River: Provided, however, that changes during any such period 

11 may be made upon the giving of 72 hours’ notice thereof to the Contracting Officer. 

12 (e) No sale, transfer, exchange, or other disposal of any of the 

13 Contract Total designated in Exhibit A or the right to the use thereof for use on land other 

14 than that shown on Exhibit B shall be made by the Contractor without first obtaining the 

15 written consent of the Contracting Officer. Such consent will not be unreasonably 

16 withheld and a decision will be rendered in a timely manner. For short-term actions that 

17 will occur within one year or less, the decision will be rendered within 30 days after 

18 receipt of a complete written proposal. For long-term actions that will occur in a period 

19 longer than one year, the decision will be rendered within 90 days after receipt of a 

20 complete written proposal. For a proposal to be deemed complete by the Contracting 

21 Officer, it must comply with all provisions required by State and Federal law, including 

22 information sufficient to enable the Contracting Officer to comply with the National 

23 Environmental Policy Act, the Endangered Species Act, and applicable rules or 
11

1 regulations then in effect; Provided that, such consent does not authorize the use of 

2 Federal facilities to facilitate or effectuate the sale, transfer, exchange or other disposal of 

3 Base Supply. Such use of Federal facilities will be the subject of a separate agreement to 

4 be entered into between the Contractor and Reclamation. 

5 (f) For the purpose of determining whether section 3405(a)(1)(M) of 

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

7 Contracting Officer acknowledges that the Contractor is within a county, watershed or 

8 other area of origin, as those terms are utilized under California law. 

9 (g) Nothing herein contained shall prevent the Contractor from 

10 diverting water during the months of November through March for beneficial use on the 

11 land shown on Exhibit B or elsewhere to the extent authorized under the laws of the State 

12 of California. 

13 (h) The United States assumes no responsibility for and neither it nor 

14 its officers, agents, or employees shall have any liability for or on account of: 

15 (1) The quality of water to be diverted by the Contractor; 

16 (2) The control, carriage, handling, use, disposal, or 

17 distribution of water diverted by the Contractor outside the facilities constructed and then 

18 being operated and maintained by or on behalf of the United States; 

19 (3) Claims of damage of any nature whatsoever, including but 

20 not limited to, property loss or damage, personal injury, or death arising out of or 

21 connected with the control, carriage, handling, use, disposal, or distribution of said water 

22 outside of the hereinabove referred to facilities; and 
12

1 (4) Any damage whether direct or indirect arising out of or in 

2 any manner caused by a shortage of water whether such shortage be on account of errors 

3 in operation, drought, or unavoidable causes. 

4 RETURN FLOW

5 4. Nothing herein shall be construed as an abandonment or a relinquishment 

6 by the United States of any right it may have to the use of waste, seepage, and return flow 

7 water derived from water diverted by the Contractor hereunder and which escapes or is 

8 discharged beyond the boundaries of the lands shown on Exhibit B; Provided, that this 

9 shall not be construed as claiming for the United States any right to such water which is 

10 recovered by the Contractor pursuant to California law from within the boundaries of the 

11 lands shown on Exhibit B, and which is being used pursuant to this Settlement Contract 

12 for surface irrigation or underground storage for the benefit of the lands shown on Exhibit 

13 B by the Contractor. 

14 CONSTRAINTS ON THE AVAILABILITY OF WATER

15 5. (a) In a Critical Year, the Contractor’s Base Supply and Project Water 

16 agreed to be diverted during the period April through October of the Year in which the 

17 principal portion of the Critical Year occurs and, each monthly quantity of said period 

18 shall be reduced by twenty-five percent.

19 (b) The amount of any overpayment by the Contractor shall, at its 

20 option, be refunded or credited upon amounts to become due to the United States from 

21 the Contractor under the provisions hereof in the ensuing Year. To the extent of such 

22 deficiency such adjustment of overpayment shall constitute the sole remedy of the 

23 Contractor. 
13

1 INTEGRATED WATER MANAGEMENT AND PARTNERSHIPS

2 6. The Contractor and United States desire to work together to maximize the 

3 reasonable beneficial use of water for their mutual benefit. As a consequence, the United 

4 States and the Contractor will work in partnership and with others within the Sacramento 

5 Valley, including other Contractors, to facilitate the better integration within the 

6 Sacramento Valley of all water supplies including, but not limited to, the better 

7 management and integration of surface water and groundwater, the development and 

8 better utilization of surface water storage, the effective utilization of waste, seepage and 

9 return flow water, and other operational and management options that may be identified 

10 in the future. 

11 USE OF WATER FURNISHED TO CONTRACTOR

12 7. (a) Project Water furnished to the Contractor pursuant to this 

13 Settlement Contract shall not be delivered or furnished by the Contractor for any 

14 purposes other than agricultural purposes without the written consent of the Contracting 

15 Officer. For purposes of this Settlement Contract, “agricultural purposes” includes, but is 

16 not restricted to, the watering of livestock, incidental domestic use including related 

17 landscape irrigation, or underground water replenishment. 

18 (b) The Contractor shall comply with requirements applicable to the 

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

20 execution of this Settlement Contract undertaken pursuant to Section 7 of the Endangered 

21 Species Act of 1973, as amended, that are within the Contractor’s legal authority to 

22 implement. The Contractor shall comply with the limitations or requirements imposed by 

23 environmental documentation applicable to the Contractor and within its legal authority 
14

1 to implement. The Existing Contract, which evidences in excess of 40 years of 

2 diversions, for agricultural uses, of the quantities of water provided for in Article 3, and 

3 the underlying water rights of the Contractor will be considered in developing an 

4 appropriate base-line for the Biological Assessment prepared pursuant to the Endangered 

5 Species Act, and in any other needed environmental review. Nothing herein shall be 

6 construed to prevent the Contractor from challenging or seeking judicial relief in a court 

7 of competent jurisdiction with respect to any biological opinion or other environmental 

8 documentation referred to in this Article. 

9 RATE AND METHOD OF PAYMENT FOR WATER

10 8. (a) The Contractor shall make payments to the United States as 

11 provided in this Article for all Project Water shown in Exhibit A as follows: 

12 (1) seventy-five percent of the amount shown as Project Water 

13 shall be paid for by the Contractor in each Year; and in addition 

14 (2) the Contractor shall pay for Project Water actually diverted 

15 in excess of seventy-five percent of the amount shown as Project Water. 

16 Such payments shall be at Rates and Charges established in accordance with: 

17 (i) the Secretary’s then-current ratesetting policies for the Project; and (ii) applicable 

18 Reclamation law and associated rules and regulations, or policies: Provided, that if the 

19 Contractor desires to use Project Water for other than agricultural use the Rates and 

20 Charges set forth above will be adjusted by the Contracting Officer to the applicable 

21 Rates and Charges for such use. The Rates and Charges applicable to the Contractor 

22 upon execution of this Settlement Contract are set forth in Exhibit D, as may be revised 

23 annually. The Secretary’s ratesetting policies for the Project shall be amended, modified, 
15

1 or superseded only through a public notice and comment procedure. The Contracting 

2 Officer shall adjust the amount of Project Water for which payment is required to the 

3 extent of any reduction in diversions of Project Water made in accordance with the water 

4 conservation provisions of Article 29 (e). 

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

6 and Charges as follows: 

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

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

9 to the period October 1, of the current Year, through September 30, of the following 

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

11 months to review and comment on such estimates. On or before September 15 of each 

12 Year, the Contracting Officer shall notify the Contractor in writing of the Charges to be 

13 in effect during the period October 1 of the current Year, through September 30, of the 

14 following Year, and such notification shall revise Exhibit D. 

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

16 shall make available to the Contractor an estimate of the Rates for Project Water for the 

17 following Year and the computations and cost allocations upon which those Rates are 

18 based. The Contractor shall be allowed not less than two months to review and comment 

19 on such computations and cost allocations. By December 31 of each Year, the 

20 Contracting Officer shall provide the Contractor with the final Rates to be in effect for 

21 the upcoming Year, and such notification shall revise Exhibit D. 

22 (c) The Contractor shall pay the United States for Project Water in the 

23 following manner: 
16

1 (1) With respect to Rates, prior to May 1 of each Year, the 

2 Contractor shall pay the United States one-half the total amount payable pursuant to 

3 subdivision (a) of this Article and the remainder shall be paid prior to July 1 or such later 

4 date or dates as may be specified by the United States in a written notice to the 

5 Contractor: Provided, however, that if at any time during the Year the amount of Project 

6 Water diverted by the Contractor shall equal the amount for which payment has been 

7 made, the Contractor shall pay for the remaining amount of such water as shown in 

8 Exhibit A in advance of any further diversion of Project Water. 

9 (2) With respect to Charges, the Contractor shall also make a 

10 payment to the United States, in addition to the Rate(s) in subdivision (c)(1) of this 

11 Article, at the Charges then in effect, before the end of the month following the month of 

12 delivery or transfer. The payments shall be consistent with the quantities of Project 

13 Water delivered or transferred. Adjustment for overpayment or underpayment of 

14 Charges shall be made through the adjustment of payments due to the United States for 

15 Charges for the next month. Any amount to be paid for past due payment of Charges 

16 shall be computed pursuant to Article 13 of this Settlement Contract. 

17 (d) Payments to be made by the Contractor to the United States under 

18 this Settlement Contract may be paid from any revenues available to the Contractor. 

19 (1) All revenues received by the United States from the 

20 Contractor relating to the delivery of Project Water or the delivery of non-Project water 

21 through Project facilities shall be allocated and applied in accordance with Federal 

22 Reclamation law and the associated rules or regulations, and the then current Project 

23 ratesetting policies for Irrigation Water. 
17

1 (e) The Contracting Officer shall keep its accounts pertaining to the 

2 administration of the financial terms and conditions of its long-term water service and 

3 Settlement Contracts, in accordance with applicable Federal standards, so as to reflect the 

4 application of Project costs and revenues. The Contracting Officer shall, each Year upon 

5 request of the Contractor, provide to the Contractor a detailed accounting of all Project 

6 and Contractor expense allocations, the disposition of all Project and Contractor 

7 revenues, and a summary of all water delivery information. The Contracting Officer and 

8 the Contractor shall enter into good faith negotiations to resolve any discrepancies or 

9 disputes relating to accountings, reports, or information. 

10 (f) The parties acknowledge and agree that the efficient administration 

11 of this Settlement Contract is their mutual goal. Recognizing that experience has 

12 demonstrated that mechanisms, policies, and procedures used for establishing Rates and 

13 Charges and/or for making and allocating payments, other than those set forth in this 

14 Article may be in the mutual best interest of the parties, it is expressly agreed that the 

15 parties may enter into agreements to modify the mechanisms, policies, and procedures for 

16 any of those purposes while this Settlement Contract is in effect without amendment of 

17 this Settlement Contract. 

18 (g) For the term of this Settlement Contract, Rates under the respective 

19 ratesetting policies for the Project will be established to recover only reimbursable 

20 operation and maintenance (including any deficits) and capital costs of the Project, as 

21 those terms are used in the then current Project ratesetting policies, and interest, where 

22 appropriate, except in instances where a minimum Rate is applicable in accordance with 

23 the relevant Project ratesetting policy. Proposed changes of significance in practices 
18

1 which implement the ratesetting policies for the Project will not be implemented until the 

2 Contracting Officer has provided the Contractor an opportunity to discuss the nature, 

3 need, and impact of the proposed change. The Contractor retains all rights to challenge 

4 the validity of Rates and Charges imposed pursuant to this Settlement Contract, including 

5 but not limited to operation and maintenance expenses and operation and maintenance 

6 deficits, in an appropriate administrative or judicial proceeding. 

7 (h) Except as provided in subsection 3405(a)(1)(B) of the CVPIA, the 

8 Rates for Project Water transferred, exchanged, or otherwise disposed of, by the 

9 Contractor shall be the Contractor’s Rates adjusted upward or downward to reflect the 

10 changed costs of delivery (if any) of the transferred, exchanged, or otherwise disposed of 

11 Project Water to the transferee’s point of delivery in accordance with the then-current 

12 ratesetting policies for the Project. Except as provided in subsection 3407(d)(2)(A) of the 

13 CVPIA, the Charges for Project Water transferred, exchanged, or otherwise disposed of, 

14 by the Contractor shall be the Contractor’s Charges specified in Exhibit D. If the 

15 Contractor is receiving lower Rates and Charges because of inability to pay and is 

16 transferring, exchanging, or otherwise disposing of Project Water to another entity whose 

17 Rates and Charges are not adjusted due to inability to pay, the Rates and Charges for 

18 transferred, exchanged, or otherwise disposed of Project Water shall be the Contractor’s 

19 Rates and Charges unadjusted for ability to pay. 

20 (i) Pursuant to the Act of October 27, 1986 (100 Stat. 3050), the 

21 Contracting Officer is authorized to adjust determinations of ability to pay every five 

22 years. 
19

1 (j) Each payment to be made pursuant to subdivisions (a) and (b) of 

2 this Article shall be made at the office of the Bureau of Reclamation, Mid-Pacific Region, 

3 File No. 11546, P.O. Box 6000, San Francisco, California, 94160-1546, or at such other 

4 place as the United States may designate in a written notice to the said Contractor. 

5 Payments shall be made by cash transaction, wire, or any other mechanism as may be 

6 agreed to in writing by the Contractor and the Contracting Officer. In the event there 

7 should be a default in the payment of the amount due, the delinquent payment provisions 

8 of Article 13 shall apply. The Contractor shall not be relieved of the whole or any part of 

9 its said obligation by, on account of, or notwithstanding, as the case may be: 

10 (1) Its failure, refusal, or neglect to divert seventy-five percent 

11 of the quantity of Project Water shown on Exhibit A; 

12 (2) The default in payment to it by any water user of 

13 assessments, tolls, or other charges levied by or owing to said Contractor; 

14 (3) Any judicial determination that any assessment, toll, or 

15 other charge referred to in subsection 8(c)(2) of this Settlement Contract is irregular, 

16 void, or ineffectual; or 

17 (4) Any injunctive process enjoining or restraining the 

18 Contractor from making or collecting any such assessment, toll, or other charge referred 

19 to in subsection 8(c)(2) of this Settlement Contract.

20 AGREEMENT ON WATER QUANTITIES

21 9. (a) During the term of this Settlement Contract and any renewals 

22 thereof: 
20

1 (1) It shall constitute full agreement as between the United 

2 States and the Contractor as to the quantities of water and the allocation thereof between 

3 Base Supply and Project Water which may be diverted by the Contractor from the 

4 Sacramento River for beneficial use on the land shown on Exhibit B which said 

5 diversion, use, and allocation shall not be disturbed so long as the Contractor shall fulfill 

6 all of its obligations hereunder; 

7 (2) Neither party shall claim any right against the other in 

8 conflict with the provisions of Article 9(a)(1) hereof. 

9 (b) Nothing herein contained is intended to or does limit rights of the 

10 Contractor against others than the United States or of the United States against any 

11 person other than the Contractor: Provided, however, that in the event the Contractor, the 

12 United States, or any other person shall become a party to a general adjudication of rights 

13 to the use of water of the Sacramento River system, this Settlement Contract shall not 

14 jeopardize the rights or position of either party hereto or of any other person and the 

15 rights of all such persons in respect to the use of such water shall be determined in such 

16 proceedings the same as if this Settlement Contract had not been entered into, and if final 

17 judgment in any such general adjudication shall determine that the rights of the parties 

18 hereto are different from the rights as assumed herein, the parties shall negotiate an 

19 amendment to give effect to such judgment. In the event the parties are unable to agree 

20 on an appropriate amendment they shall, within 60 days of determining that there is an 

21 impasse, employ the services of a neutral mediator, experienced in resolving water rights 

22 disputes, to assist in resolving the impasse. The cost of the mediation will be shared 
21

1 equally. A failure to reach agreement on an amendment within 60 days of the end of 

2 mediation will cause the immediate termination of this Settlement Contract. 

3 (c) In the event that the California State Water Resources Control 

4 Board or a court of competent jurisdiction issues a final decision or order modifying the 

5 terms and conditions of the water rights of either party to this Settlement Contract in 

6 order to impose Bay-Delta water quality obligations, the Contractor and the United States 

7 shall promptly meet to determine whether or not to modify any of the terms of this 

8 Settlement Contract to comply with the final decision or order, including, but not limited 

9 to, the applicability of the rescheduling charge in Article 3(c)(1) of this Settlement 

10 Contract. If within 60 days of the date of the issuance of the final decision or order the 

11 parties are not able to reach agreement regarding either the need to modify this 

12 Settlement Contract or the manner in which this Settlement Contract is to be modified, 

13 the parties shall promptly retain a neutral mediator, experienced in resolving water right 

14 disputes, to assist the parties in resolving their dispute. The cost of the mediator shall be 

15 shared equally. In the event that either of the parties to this Settlement Contract 

16 determines that the parties will not be able to develop mutually-agreeable modification(s) 

17 to this Settlement Contract even with the assistance of a mediator, either of the parties to 

18 this Settlement Contract may attempt to resolve the impasse by seeking appropriate 

19 judicial relief including, but not limited to, filing a general adjudication of the rights to 

20 the use of water in the Sacramento River system. The foregoing provisions of this sub21 article shall only apply to the incremental obligations contained within a final decision or 

22 order of the State Water Resources Control Board that reflects a modification to the 

23 obligations imposed in State Water Resources Control Board Revised Water Rights 
22

1 Decision 1641 dated March 15, 2000, and its associated 1995 Water Quality Control Plan 

2 which, taken together, will be considered the baseline for the application of the 

3 provisions of this sub-article. 

4 (d) In the event this Settlement Contract terminates, the rights 

5 of the parties to thereafter divert and use water shall exist as if this Settlement Contract 

6 had not been entered into; and the fact that as a compromise settlement of a controversy 

7 as to the respective rights of the parties to divert and use water and the yield of such 

8 rights during the term hereof, this Settlement Contract places a limit on the Contract 

9 Total to be diverted annually by the Contractor during the Settlement Contract term and 

10 segregates it into Base Supply and Project Water shall not jeopardize the rights or 

11 position of either party with respect to its water rights or the yield thereof at all times 

12 after the Settlement Contract terminates. It is further agreed that the Contractor at all 

13 times will first use water to the use of which it is entitled by virtue of its own water 

14 rights, and neither the provisions of this Settlement Contract, action taken thereunder, nor 

15 payments made thereunder to the United States by the Contractor shall be construed as an 

16 admission that any part of the water used by the Contractor during the term of this 

17 Settlement Contract was in fact water to which it would not have been entitled under 

18 water rights owned by it nor shall receipt of payments thereunder by the United States 

19 from the Contractor be construed as an admission that any part of the water used by the 

20 Contractor during the term of this Settlement Contract was in fact water to which it 

21 would have been entitled under water rights owned by it. 
23

1 MEASUREMENT OF WATER

2 10. (a) All water diverted by the Contractor from the Sacramento River 

3 will be diverted at the existing point or points of diversion shown on Exhibit A or at such 

4 other points as may be mutually agreed upon in writing by the Contracting Officer and 

5 the Contractor. 

6 (b) All water diverted from the Sacramento River pursuant to this 

7 Settlement Contract will be measured or caused to be measured by the United States at 

8 each point of diversion with existing equipment or equipment to be installed, operated, 

9 and maintained by the United States, and/or others, under contract with and at the option 

10 of the United States. The equipment and methods used to make such measurement shall 

11 be in accordance with sound engineering practices. Upon request of the Contractor, the 

12 accuracy of such measurements will be investigated by the Contracting Officer and any 

13 errors appearing therein will be corrected. 

14 (c) The right of ingress to and egress from all points of diversion is 

15 hereby granted to all authorized employees of the United States. The Contractor also 

16 hereby grants to the United States the right to install, operate, maintain and replace such 

17 equipment on diversion or carriage facilities at each point of diversion as the Contracting 

18 Officer deems necessary. 

19 (d) The Contractor shall not modify, alter, remove, or replace 

20 diversion facilities or do any other act which would alter the effectiveness or accuracy of 

21 the measuring equipment installed by the United States or its representatives unless and 

22 until the Contracting Officer has been notified with due diligence and has been given an 

23 opportunity to modify such measuring equipment in such manner as may be necessary or 
24

1 appropriate. In the event of an emergency the Contractor shall notify the United States 

2 within a reasonable time thereafter as to the existence of the emergency and the nature 

3 and extent of such modification, alteration, removal, or replacement of diversion 

4 facilities. 

5 (e) The Contractor shall pay the United States for the costs to repair, 

6 relocate, or replace measurement equipment when the Contractor modifies, alters, 

7 removes, or replaces diversion or carriage facilities. 

8 (f) Contractor and Contracting Officer shall develop a mutually 

9 agreeable surface water delivery water measurement program which shall be 

10 implemented by the Contractor, and such measurement program shall be consistent with 

11 the conservation and efficiency criteria for evaluating water conservation plans as 

12 provided in Article 29 (a). 

13 (g) All new surface water delivery systems installed within the lands 

14 delineated on Exhibit B after the effective date of this Settlement Contract shall also 

15 comply with the measurement provisions described in this Article. 

16 RULES AND REGULATIONS

17 11. The parties agree that the delivery of Project Water for irrigation use or 

18 use of Federal facilities pursuant to this Settlement Contract is subject to Federal 

19 Reclamation law, including but not limited to, the Reclamation Reform Act of 1982 (43 

20 U.S.C. 390aa et seq.), as amended and supplemented, and the rules and regulations 

21 promulgated by the Secretary of the Interior under Federal Reclamation law. 

22 GENERAL OBLIGATION--BENEFITS CONDITIONED UPON PAYMENT

23 

24 12. (a) The obligation of the Contractor to pay the United States as 

25 provided in this Settlement Contract is a general obligation of the Contractor 
25

1 notwithstanding the manner in which the obligation may be distributed among the 

2 Contractor's water users and notwithstanding the default of individual water users in their 

3 obligations to the Contractor. 

4 

5 (b) The payment of Charges becoming due hereunder is a condition 

6 precedent to receiving benefits under this Settlement Contract. The United States shall 

7 not make water available to the Contractor through Project facilities during any period in 

8 which the Contractor may be in arrears in the advance payment of water Rates due the 

9 United States. The Contractor shall not furnish water made available pursuant to this 

10 Settlement Contract for lands or parties which are in arrears in the advance payment of 

11 water rates levied or established by the Contractor. 

12 

13 (c) With respect to subdivision (b) of this Article, the Contractor shall 

14 have no obligation to require advance payment for water Rates which it levies. 

15 

16 CHARGES FOR DELINQUENT PAYMENTS

17 

18 13. (a) The Contractor shall be subject to interest, administrative and 

19 penalty charges on delinquent installments or payments. When a payment is not received 

20 by the due date, the Contractor shall pay an interest charge for each day the payment is 

21 delinquent beyond the due date. When a payment becomes 60 days delinquent, the 

22 Contractor shall pay an administrative charge to cover additional costs of billing and 

23 processing the delinquent payment. When a payment is delinquent 90 days or more, the 

24 Contractor shall pay an additional penalty charge of six percent per year for each day the 

25 payment is delinquent beyond the due date. Further, the Contractor shall pay any fees 

26 incurred for debt collection services associated with a delinquent payment. 

27 

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

29 quarterly in the Federal Register by the Department of the Treasury for application to 

30 overdue payments, or the interest rate of one-half of one percent per month prescribed by 

31 Section 6 of the Reclamation Project Act of 1939 (Public Law 76-260). The interest 

32 charge rate shall be determined as of the due date and remain fixed for the duration of the 

33 delinquent period. 

34 

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

36 amount received shall be applied, first to the penalty, second to the administrative 

37 charges, third to the accrued interest, and finally to the overdue payment. 

38 

39 QUALITY OF WATER

40 14. The operation and maintenance of Project facilities shall be performed in 

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

42 such facilities at the highest level reasonably attainable as determined by the Contracting 
26

1 Officer. The United States does not warrant the quality of water and is under no 

2 obligation to construct or furnish water treatment facilities to maintain or better the 

3 quality of water. 

4 WATER AND AIR POLLUTION CONTROL

5 15. The Contractor, in carrying out this Settlement Contract, shall comply 

6 with all applicable water and air pollution laws and regulations of the United States and 

7 the State of California, and shall obtain all required permits or licenses from the 

8 appropriate Federal, State, or local authorities. 

9 EQUAL OPPORTUNITY

10 16. During the performance of this Settlement Contract, the Contractor agrees 

11 as follows: 

12 

13 (a) The Contractor will not discriminate against any employee or 

14 applicant for employment because of race, color, religion, sex, or national origin. The 

15 Contractor will take affirmative action to ensure that applicants are employed, and that 

16 employees are treated during employment, without regard to their race, color, religion, 

17 sex, or national origin. Such action shall include, but not be limited to, the following: 

18 Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; 

19 layoff or termination, rates of payment or other forms of compensation; and selection for 

20 training, including apprenticeship. The Contractor agrees to post in conspicuous places, 

21 available to employees and applicants for employment, notices to be provided by the 

22 Contracting Officer setting forth the provisions of this nondiscrimination clause. 

23 

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

25 employees placed by or on behalf of the Contractor, state that all qualified applicants will 

26 receive consideration for employment without discrimination because of race, color, 

27 religion, sex, or national origin. 

28 

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

30 workers with which it has a collective bargaining agreement or other contract or 

31 understanding, a notice, to be provided by the Contracting Officer, advising the said labor 

32 union or workers' representative of the Contractor's commitments under Section 202 of 

33 Executive Order No. 11246 of September 24, 1965, as amended, and shall post copies of 

34 the notice in conspicuous places available to employees and applicants for employment. 

35 
27

1 (d) The Contractor will comply with all provisions of Executive Order 

2 No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant 

3 orders of the Secretary of Labor. 

4 

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

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

7 of Labor, or pursuant thereto, and will permit access to its books, records, and accounts 

8 by the Contracting Officer and the Secretary of Labor for purposes of investigation to 

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

10 

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

12 nondiscrimination clauses of this Settlement Contract or with any of the said rules, 

13 regulations, or orders, this Settlement Contract may be canceled, terminated, or 

14 suspended, in whole or in part, and the Contractor may be declared ineligible for further 

15 Government contracts in accordance with procedures authorized in said amended 

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

17 provided in said Executive Order, or by rule, regulation, or order of the Secretary of 

18 Labor, or as otherwise provided by law. 

19 

20 (g) The Contractor will include the provisions of paragraphs (a) 

21 through (g) in every subcontract or purchase order unless exempted by the rules, 

22 regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of said 

23 amended Executive Order, so that such provisions will be binding upon each 

24 subcontractor or vendor. The Contractor will take such action with respect to any 

25 subcontract or purchase order as may be directed by the Secretary of Labor as a means of 

26 enforcing such provisions, including sanctions for noncompliance: Provided, however, 

27 that in the event the Contractor becomes involved in, or is threatened with, litigation with 

28 a subcontractor or vendor as a result of such direction, the Contractor may request the 

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

30 

31 COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS

32 

33 17. Omitted 

34 

35 MINGLING OF CONTRACTOR’S PROJECT AND NON-PROJECT WATER

36 18. (a) Project Water must of necessity be transported by the Contractor to 

37 its water users by means of the same works and channels used for the transport of its non38 Project Water including Base Supply. Notwithstanding such mingling of water, the 

39 provisions of Article 11 hereof shall be applicable only to Project Water, and such 
28

1 mingling of water shall not in any manner subject to the provisions of Article 11 hereof 

2 the Contractor’s non-Project water including Base Supply. 

3 (b) If required in accordance with subdivision (c) of this Article, the 

4 Contractor shall install and maintain such measuring equipment and distribution facilities 

5 and maintain such records as may be necessary to determine the amounts of water 

6 delivered to Excess Lands served by the Contractor. The Contractor shall not within any 

7 month deliver to Ineligible Lands water in excess of the non-Project Water, including 

8 Base Supply, for that month. The Contracting Officer or authorized representative shall 

9 have the right at all reasonable times to inspect such records and measuring equipment. 

10 (c) The Contractor will not be considered in violation of the 

11 requirement that Project Water be delivered only to Eligible Lands during any month of 

12 the irrigation season that the water requirement for beneficial use on Eligible Lands for 

13 that month is equal to or in excess of the Project Water for that month as shown on 

14 Exhibit A or any revision thereof pursuant to subdivision (c) of Article 3. The water 

15 requirement for beneficial use on Eligible Lands will be determined by multiplying: 

16 (1) the number of irrigable acres of the particular types of 

17 crops grown in that year on the acreage designated as eligible by 

18 (2) the Unit Duties as set forth in Exhibit C attached hereto and 

19 made a part hereof, or by such other Unit Duties mutually agreed upon by the Contractor 

20 and the Contracting Officer. In order to make the computation of the water requirement 

21 for Eligible Lands, on April 1 of each Year and concurrently with its order for water for 

22 the irrigation season, the Contractor shall designate the acreage of and type of crops to be 

23 grown on its Eligible Lands that irrigation season. During any month the water 
29

1 requirement as above determined for crops growing on Eligible Lands during such month 

2 is equal to or in excess of the Project Water for that month as provided herein the 

3 Contractor shall not be required to measure the water delivered to Excess Lands. Any 

4 month the said water requirement is less than the amount of Project Water as provided 

5 herein, the Contractor will be required to measure water delivered to excess land in 

6 accordance with subdivision (b) hereof. 

7 BOOKS, RECORDS, AND REPORTS

8 19. The Contractor shall establish and maintain accounts and other books and 

9 records pertaining to administration of the terms and conditions of this Settlement 

10 Contract, including: the Contractor's financial transactions, water supply data, and 

11 Project land and right-of-way agreements; the water users' land-use (crop census), land 

12 ownership, land-leasing and water use data; and other matters that the Contracting 

13 Officer may require. Reports thereon shall be furnished to the Contracting Officer in 

14 such form and on such date or dates as the Contracting Officer may require. Subject to 

15 applicable Federal laws and regulations, each party to this Settlement Contract shall have 

16 the right during office hours to examine and make copies of each other’s books and 

17 official records relating to matters covered by this Settlement Contract. 

18 

19 CHANGE OF PLACE OF USE OR ORGANIZATION

20 20. Omitted 

21 CONSOLIDATION OF CONTRACTING ENTITIES

22 

23 21. Consolidation of Contractors may be approved by the Contracting Officer 

24 provided: (i) the Contracting Officer approves the form and organization of the resulting 

25 entity and the utilization by it of the Contract Total; and (ii) the obligations of the 

26 Contractors are assumed by such entity. 

27 No such consolidation shall be valid unless and until approved by the Contracting 

28 Officer. 
30

1 NOTICES

2 22. Any notice, demand, or request authorized or required by this Settlement 

3 Contract shall be deemed to have been given, on behalf of the Contractor, when mailed, 

4 postage prepaid, or delivered to the Area Manager, Northern California Area Office, 

5 Bureau of Reclamation, 16349 Shasta Dam Blvd., Shasta Lake, California, 96019, and on 

6 behalf of the United States, when mailed, postage prepaid, or delivered to Jack Baber, et 

7 al., 1113 Carson Street, Colusa, California 95932. The designation of the addressee or 

8 the address may be changed by notice given in the same manner as provided in this 

9 Article for other notices. 

10 

11 ASSIGNMENT LIMITED--SUCCESSORS AND ASSIGNS OBLIGATED

12 

13 23. Omitted 

14 

15 OFFICIALS NOT TO BENEFIT

16 

17 24. (a) No Member of or Delegate to Congress, Resident Commissioner, 

18 or official of the Contractor shall benefit from this Settlement Contract other than as a 

19 water user or landowner in the same manner as other water users or landowners. 

20 

21 (b) No officer or member of the governing board of the Contractor 

22 shall receive any benefit that may arise by reason of this Settlement Contract other than 

23 as a landowner within the Contractor’s service area and in the same manner as other 

24 landowners within the said service area. 

25 

26 CONTINGENT UPON APPROPRIATION OR ALLOTMENT OF FUNDS

27 

28 25. The expenditure or advance of any money or the performance of any 

29 obligation of the United States under this Settlement Contract shall be contingent upon 

30 appropriation or allotment of funds. Absence of appropriation or allotment of funds shall 

31 not relieve the Contractor from any obligations under this Settlement Contract. No 

32 liability shall accrue to the United States in case funds are not appropriated or allotted. 

33 

34 CONFIRMATION OF SETTLEMENT CONTRACT

35 26. The Contractor, after the execution of this Settlement Contract, shall 

36 promptly seek to secure a decree of a court of competent jurisdiction of the State of 

37 California, if appropriate, confirming the execution of this Settlement Contract. The 

38 Contractor shall furnish the United States a certified copy of the final decree, the 

39 validation proceedings, and all pertinent supporting records of the court approving and 

40 confirming this Settlement Contract, and decreeing and adjudging it to be lawful, valid, 

41 and binding on the Contractor. This Settlement Contract shall not be binding on the 

42 United States until such final decree has been secured. 

43 
31

1 UNAVOIDABLE GROUNDWATER PERCOLATION

2 27. To the extent applicable, the Contractor shall not be deemed to have 

3 delivered Project Water to Excess Lands or Ineligible Lands if such lands are irrigated 

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

5 delivery of Project Water by the Contractor to Eligible Lands. 

6 PRIVACY ACT COMPLIANCE

7 

8 28. (a) The Contractor shall comply with the Privacy Act of 1974 (5 

9 U.S.C. 552a) (the Act) and the Department of the Interior rules and regulations under the 

10 Act (43 CFR 2.45 et seq.) in maintaining Landholder acreage certification and reporting 

11 records, required to be submitted to the Contractor for compliance with Sections 206 and 

12 228 of the Reclamation Reform Act of 1982 (96 Stat. 1266), and pursuant to 43 CFR 

13 426.18. 

14 

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

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

17 employees responsible for maintaining the certification and reporting records referenced 

18 in (a) above are considered to be employees of the Department of the Interior. See 5 

19 U.S.C. 552a(m). 

20 

21 (c) The Contracting Officer or a designated representative shall 

22 provide the Contractor with current copies of the Interior Department Privacy Act 

23 regulations and the Bureau of Reclamation Federal Register Privacy Act System of 

24 Records Notice (Acreage Limitation--Interior, Reclamation-31) which govern the 

25 maintenance, safeguarding, and disclosure of information contained in the Landholder's 

26 certification and reporting records. 

27 

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

29 Bureau of Reclamation to be the System Manager who shall be responsible for making 

30 decisions on denials pursuant to 43 CFR 2.61 and 2.64 amendment requests pursuant to 

31 43 CFR 2.72. The Contractor is authorized to grant requests by individuals for access to 

32 their own records. 

33 

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

35 each proposed denial of access under 43 CFR 2.64; and each request for amendment of 

36 records filed under 43 CFR 2.71; notify the requester accordingly of such referral; and 

37 provide the System Manager with information and records necessary to prepare an 

38 appropriate response to the requester. These requirements do not apply to individuals 

39 seeking access to their own certification and reporting forms filed with the Contractor 

40 pursuant to 43 CFR 426.18, unless the requester elects to cite the Privacy Act as a basis 

41 for the request. 
32

1 

2 WATER CONSERVATION

3 29. (a) Prior to the diversion of Project Water, the Contractor shall be 

4 implementing an effective water conservation and efficiency program based on the 

5 Basin-Wide Water Management Plan and/or Contractor's water conservation plan that 

6 has been determined by the Contracting Officer to meet the conservation and efficiency 

7 criteria for evaluating water conservation plans established under Federal law. The water 

8 conservation and efficiency program shall contain definite water conservation objectives, 

9 appropriate economically feasible water conservation measures, and time schedules for 

10 meeting those objectives. Continued diversion of Project Water pursuant to this 

11 Settlement Contract shall be contingent upon the Contractor’s continued implementation 

12 of such water conservation program. In the event the Contractor's water conservation 

13 plan or any revised water conservation plan completed pursuant to subdivision (c) of 

14 Article 29 of this Settlement Contract have not yet been determined by the Contracting 

15 Officer to meet such criteria, due to circumstances which the Contracting Officer 

16 determines are beyond the control of the Contractor, Project Water deliveries shall be 

17 made under this Settlement Contract so long as the Contractor diligently works with the 

18 Contracting Officer to obtain such determination at the earliest practicable date, and 

19 thereafter the Contractor immediately begins implementing its water conservation and 

20 efficiency program in accordance with the time schedules therein. 

21 (b) The Contractor shall submit to the Contracting Officer a report on 

22 the status of its implementation of the water conservation plan on the reporting dates 

23 specified in the then existing conservation and efficiency criteria established under 

24 Federal law. 
33

1 (c) At five year intervals, the Contractor shall revise its water 

2 conservation plan to reflect the then current conservation and efficiency criteria for 

3 evaluating water conservation plans established under Federal law and submit such 

4 revised water management plan to the Contracting Officer for review and evaluation. 

5 The Contracting Officer will then determine if the water conservation plan meets 

6 Reclamation’s then current conservation and efficiency criteria for evaluating water 

7 conservation plans established under Federal law. 

8 (d) If the Contractor is engaged in direct ground-water recharge, such 

9 activity shall be described in the Contractor’s water conservation plan. 

10 (e) In order to provide incentives for water conservation, the 

11 Contractor may reduce the amount of Project Water for which payment is required under 

12 Article 8(a) in accordance with the provisions of this Article 29(e). 

13 (1) On or before February 15 of any Water Year, the 

14 Contractor may file with Reclamation an offer to reduce Project Water use, hereinafter 

15 referred to as Offer. The Offer shall specify the maximum quantity of Project Water to 

16 be diverted by the Contractor for each month that Project Water is available for that 

17 Water Year under this Settlement Contract. The Contracting Officer shall provide the 

18 Contractor with a decision, in writing, to the Offer on or before March 15 of that Water 

19 Year. The dates specified in this Article 29(e)(1) can be changed if mutually agreed to, in 

20 writing, by the Contractor and Contracting Officer. 

21 (2) If Reclamation accepts the Offer, the Contractor’s payment 

22 obligation under Article 8(a)(1) shall be reduced to the maximum quantity of Project 

23 Water to be diverted by the Contractor as specified in the Offer. The Contractor shall not 
34

1 divert Project Water in excess of the quantities set forth in the Offer: Provided, however, 

2 if the Contractor’s diversions of Project Water exceed the quantities set forth in the Offer, 

3 the Contractor shall pay to Reclamation the applicable Rates and Charges plus an amount 

4 equal to the applicable Rates and Charges, unadjusted for ability to pay, for each acre5 foot of Project Water diverted in excess of the quantities set forth in the Offer. 

6 (3) If Reclamation decides not to accept the Offer, the 

7 Contractor’s payment obligation will remain as specified in Article 8(a)(1). 

8 (4) The provisions of this Article 29(e) shall be in addition to 

9 and shall not affect the provisions of Article 3(e) pertaining to the sale, transfer, exchange 

10 or other disposal of the Contract Total designated in Exhibit A. 

11 OPINIONS AND DETERMINATIONS

12 

13 30. (a) Where the terms of this Settlement Contract provide for actions to 

14 be based upon the opinion or determination of either party to this Settlement Contract, 

15 said terms shall not be construed as permitting such action to be predicated upon 

16 arbitrary, capricious, or unreasonable opinions or determinations. Both parties, 

17 notwithstanding any other provisions of this Settlement Contract, expressly reserve the 

18 right to seek relief from and appropriate adjustment for any such arbitrary, capricious, or 

19 unreasonable opinion or determination. Each opinion or determination by either party 

20 shall be provided in a timely manner. Nothing in subdivision (a) of Article 30 of this 

21 Settlement Contract is intended to or shall affect or alter the standard of judicial review 

22 applicable under Federal law to any opinion or determination implementing a specific 

23 provision of Federal law embodied in statute or regulation. 
35

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

2 determinations necessary to administer this Settlement Contract that are consistent with 

3 the provisions of this Settlement Contract, the laws of the United States and of the State 

4 of California, and the rules and regulations promulgated by the Secretary of the Interior. 

5 Such determinations shall be made in consultation with the Contractor to the extent 

6 reasonably practicable. 

7 (c) In the event that the United States, as a result of litigation or 

8 agreement, or failure to require an agreement, give substantially more favorable treatment 

9 to any other diverter from the Sacramento River under similar circumstances than that 

10 accorded under this contract to the Contractor, the United States agrees to renegotiate this 

11 contract to provide comparable treatment to the Contractor hereunder.

12 CONTRACTOR TO PAY CERTAIN MISCELLANEOUS COSTS

13 31. (a) In addition to all other payments to be made by the Contractor 

14 pursuant to this Settlement Contract, the Contractor shall pay to the United States, within 

15 60 days after receipt of a bill and detailed statement submitted by the Contracting Officer 

16 to the Contractor for such specific items of direct cost incurred by the United States for 

17 work requested by the Contractor associated with this Settlement Contract plus indirect 

18 costs in accordance with applicable Bureau of Reclamation policies and procedures. All 

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

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

21 administration. 

22 (b) All advances for miscellaneous costs incurred for work requested 

23 by the Contractor pursuant to Article 31 of this Settlement Contract shall be adjusted to 
36

1 reflect the actual costs when the work has been completed. If the advances exceed the 

2 actual costs incurred, the difference will be refunded to the Contractor. If the actual costs 

3 exceed the Contractor's advances, the Contractor will be billed for the additional costs 

4 pursuant to Article 31 of this Settlement Contract. 

5 WAIVER OF DEFAULT

6 32. The waiver by either party to this Settlement Contract as to any default 

7 shall not be construed as a waiver of any other default or as authority of the other party to 

8 continue such default or to make, do, or perform, or not to make, do, or perform, as the 

9 case may be, any act or thing which would constitute a default. 

10 CONTRACT ASSIGNMENT OR TERMINATION UPON TRANSFER OF LAND

11 33. (a) The rights and obligations of the Contractor may be transferred in 

12 connection with the transfer of title to the land or any portion thereof delineated on 

13 Exhibit B on the following terms and conditions: 

14 (1) A voluntary inter vivos transfer may be made, upon mutual 

15 agreement of the United States and the Contractor, to a person eligible to hold title to the 

16 land as a nonexcess landowner: 

17 (2) A voluntary inter vivos transfer may be made to a person 

18 ineligible to hold title to the land as a non-excess landowner provided that no Project 

19 water may thereafter be used on excess lands and the assignee shall not be privileged to 

20 obtain such use of Project water on excess. 

21 (3) In the event the title of the Contractor to such land, or any 

22 portion thereof, is transferred by operation of law, such as by conveyance in satisfaction 

23 of a mortgage, by inheritance, or by devise, the rights and obligations of the Contractor 
37

1 shall pass with the title and the land shall be subject to provisions of Reclamation law 

2 pertaining to such transfers. Any transfer of the rights and obligations of this contract by 

3 the person acquiring title by operation of law shall be in accordance with provisions of 

4 subsection (1) or (2) above. 

5 (b) The Contractor shall notify the Contracting Officer in writing of 

6 any proposed transfer of this contract. In addition, in the case of a partial assignment the 

7 Contract shall: 

8 (1) Designate the proportionate quantities of base supply and 

9 Project water which it desires to assign; 

10 (2) Furnish the United States with a copy of the deed 

11 transferring title. 

12 (c) No transfer of this contract shall be effective unless and until 

13 approved by the Contracting Officer, and, if approved, shall be effective from the date of 

14 such approval. 

15 (d) Upon mutual agreement between the United States and the 

16 Contractor the contract or a portion thereof may be terminated and the new landowner 

17 will have the privilege of entering into a contract for water service for a proportionate 

18 share of the total supply provided he is duly qualified to receive water for such land. 

19 TERMINATION

20 34. This contract will terminate upon mutual agreement of the parties prior to 

21 the end of the term or any renewal thereof. 
38

1 IN WITNESS WHEREOF, the parties hereto have executed this Settlement 

2 Contract as of the day and year first hereinabove written. 

3 

4 THE UNITED STATES OF AMERICA 

5 

6 

7 

8 By: __________________________ 

9 Regional Director, Mid-Pacific Region 

10 Bureau of Reclamation 

11 

12 

13 CONTRACTORS: 

14 

15 

16 _____________________________ 

17 Jack W. Baber 

18 

19 

20 _____________________________ 

21 Judith S. Baber 

22 

23 

24 _____________________________ 

25 Jack W. Baber, Jr. 

26 

27 

28 _____________________________ 

29 Pixie E. Baber 

30 

31 

32 
39

1 Exhibit A 

2 

3 Jack W. Baber, Judith S. Baber, Jack W. Baber, Jr. And Pixie E. Baber 

4 Contract No. 14-06-200-1604A 

5 Sacramento River 

6 

7 SCHEDULE OF MONTHLY DIVERSIONS OF WATER

8 

9 

10 

11 Base Supply Project Water Total Supply

12 (acre-feet) (acre-feet) (acre-feet) 

13 

14 April 0 0 0

15 

16 May 1,160 0 1,160

17 

18 June 1,310 393 1,703

19 

20 July 430 758 1,188

21 

22 August 150 1,370 1,520

23 

24 September 540 109 649

25 

26 October 40 0 40

27 

28 Total 3,630 2,630 6,260

29 

30 

31 

32 

33 

34 

35 

36 

37 Point of Diversion: 95.6L

38 

39 

40 

41 Dated:

42 
40

1 Exhibit B 

2 (Map to be inserted to identify area covered by contract) 

3 

4 Jack W. Baber, Judith S. Baber, Jack W. Baber, Jr. And Pixie E. Baber 

5 Contract No. 14-06-200-1604A 

6 Sacramento River 
41

1 Exhibit C 

2 

3 Jack W. Baber, Judith S. Baber, Jack W. Baber, Jr. And Pixie E. Baber 

4 Contract No. 14-06-200-1604A 

5 Sacramento River 

6 

7 UNIT DUTY

8 

9 (In Acre-Feet Per Acre) 

10 

11 

12 

13 Alfalfa and General 

14 Rice Irrigated Pasture Crops

15 

16 June 1.80 0.80 0.60 

17 

18 July 1.90 1.00 0.70 

19 

20 August 1.80 0.80 0.70 

21 

22 September 0.50 0.60 0.40 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 Dated:

40 

41 

42 
42

1 Exhibit D 

2 Jack W. Baber, Judith S. Baber, Jack W. Baber, Jr. And Pixie E. Baber 

3 Contract No. 14-06-200-1604A 

4 Sacramento River 

5 

6 WATER RATES AND CHARGES 

7 Note: Rates and Charges shown are 2003 rates. This exhibit will be updated prior to 

8 execution of the contract to reflect the Rates and Charges for 2004. 

9 COST OF SERVICE RATES: Per Acre-Foot

10 

11 Capital Rates 

12 $4.45 

13 

14 O&M Rates: 

15 Water Marketing $6.28 

16 Storage $5.57 

17 

18 Deficit Rates: 

19 Interest Bearing $1.91 

20 

21 CFO/PFR Adjustment Rate 1/ $1.09

22 

23 TOTAL $19.30

24 

25 FULL-COST RATES: 

26 

27 Section 202(3) Rate is applicable to a 

28 Qualified Recipient or to a Limited 

29 Recipient receiving irrigation water 

30 on or before October 1, 1981. $24.38

31 

32 Section 205(a)(3) Rate is 

33 applicable to a Limited Recipient that 

34 did not receive irrigation water on or 

35 before October 1, 1981. $27.04

36 

37 CHARGES UNDER P.L. 102-575 TO THE 

38 RESTORATION FUND 2/ 

39 Restoration Payments (3407(d)(2)(A)) $7.69

40 

41 1/ Chief Financial Officer (CFO) adjustment and Provision for Replacement (PFR) expense is 

42 being distributed over a 5-year period beginning in FY 2003 for those contractors that requested 

43 those costs be deferred. 

44 

45 2/ Restoration fund charges are payments in addition to the water rates and were determined 

46 pursuant to Title XXXIV of Public Law 102-575. Restoration fund charges are on a fiscal year 

47 basis (10/1 - 9/30).