R.O. Draft 05/15-2002 

Contract No. 

Standard Irrigation District Form 

UNITED STATES 

DEPARTMENT OF THE INTERIOR 

BUREAU OF RECLAMATION 

Central Valley Project, California 

CONTRACT BETWEEN THE UNITED STATES AND 

___________________________________________________ 

DIVERTER OF WATER FROM SACRAMENTO RIVER SOURCES PROVIDING 

FOR PROJECT WATER SERVICE AND AGREEMENT ON DIVERSION OF 

WATER 

Table of Contents

Article No. Title Page No. 

Preamble 1 

Explanatory Recitals 2-3 

1 Definitions 3-6 

2 Term of Contract 6-7 

3 Water to be Furnished to Contractor 7-9 

4 Return Flow 9 

5 Constraints on the Availability of Water 10-11 

6 Use of Water Furnished to Contractor 11 

7 Rate and Method of Payment for Water 11-16 

8 Agreement on Water Quantities 16-18 

9 Measurement of Water 18-20 

10 Rules and Regulations 20-21 

11 General Obligation – Benefits Conditioned 

Upon Payment 21 

12 Charges For Delinquent Payments 21 

13 Quality of Water 22 

14 Water and Air Pollution Control 22 

15 Equal Opportunity 22-23 

16 Compliance With Civil Rights Laws 

And Regulations 23-24 

17 Mingling of Contractor’s Project and 

Non-Project Water 24-25 

18 Books, Records, and Reports 25-26 

19 Change Of Place Of Use Or Organization 26 
Table of Contents – continued

Article No. Title Page No.

20 Consolidation Of Contracting Entities 26 

21 Notices 26-27 

22 Assignment Limited – Successors and 

Assigns Obligated 27 

23 Officials Not to Benefit 27 

24 Contingent Upon Appropriation or 

Allotment of Funds 27 

25 Confirmation of Contract 27 

26 Unavoidable Groundwater Percolation 28 

27 Privacy Act Compliance 28 

28 Water Conservation 29-30 

29 Opinions And Determinations 30-31 

30 Contractor to Pay Certain Miscellaneous Costs 31 

31 Waiver of Default 31 

 Signatures 32 

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 05/15-2002 

2 Contract No. 

3 Standard Irrigation District Form 

4 

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 _______________________________________________ 

13 DIVERTER OF WATER FROM SACRAMENTO RIVER SOURCES PROVIDING 

14 FOR PROJECT WATER SERVICE AND AGREEMENT ON DIVERSION OF 

15 WATER 

16 

17 THIS CONTRACT, made this _____ day of ____________________, 2002, 

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

19 supplementary thereto, including, but not limited to, the Acts of August 26, 1937 (50 

20 Stat. 844), as amended and supplemented, August 4, 1939 (53 Stat. 1187), as amended 

21 and supplemented, July 2, 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 

22 1982 (96 Stat. 1262), October 27, 1986 (100 Stat. 3050), as amended, and Title XXXIV 

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

24 Federal Reclamation law, between THE UNITED STATES OF AMERICA, hereinafter 

25 referred to as the United States, and _______________________, hereinafter referred to 

26 as the Contractor, a public agency of the State of California, duly organized, existing, and 

27 acting pursuant to the laws thereof, with its principal place of business in California; 

28 (may change depending on contracting entity) 

29 WITNESSETH, That: 
2

1 EXPLANATORY RECITALS

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

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

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

5 protection and restoration, generation and distribution of electric energy, salinity control, 

6 navigation and other beneficial uses, of waters of the Sacramento River, the American 

7 River, the Trinity River, and the San Joaquin River and their tributaries; and 

8 WHEREAS, the Contractor asserts that it has rights to divert, is diverting, and 

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

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

11 Central Valley Project were not in existence; and 

12 WHEREAS, the construction and operation of the integrated and coordinated 

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

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

15 Delta from unregulated flow to regulated flow; and 

16 WHEREAS, the United States asserts that it has rights to divert, is diverting, and 

17 will continue to divert waters from said Rivers and said Delta in connection with the 

18 operation of said Central Valley Project, and 

19 WHEREAS, the Contractor and the United States entered into Contract No. 

20 ______________, as amended, hereinafter referred to as the Existing Contract, which 

21 established terms for the delivery to the Contractor of Central Valley Project Water and 

22 the quantities of Base Supply the Contractor may divert from the Sacramento River from 

23 ____________ through ______________________; and 
3

1 WHEREAS, the Contractor has requested the long-term renewal of the Existing 

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

3 the laws of the State of California, and the United States has determined that the 

4 Contractor has fulfilled all of its obligations under the Existing Contract; and

5 WHEREAS, to assure the Contractor of the enjoyment and use of the regulated 

6 flow of the said Rivers and the Delta, and to provide for the economical operation of the 

7 Central Valley Project by, and the reimbursement to, the United States for expenditures 

8 made for said Project; 

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

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

11 DEFINITIONS

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

13 hereof, the term: 

14 (a) “Base Supply” shall mean the quantity of water established in Articles 3 

15 and 5 which the United States agrees may be diverted by the Contractor from the 

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

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

18 (b) “Charges” shall mean the payments for Project Water required by Federal 

19 Reclamation law in addition to the Rates specified in this Contract as determined 

20 annually by the Contracting Officer pursuant to this Contract; 

21 (c) “Contract Total” shall mean the sum of the Base Supply and Project 

22 Water available for diversion by the Contractor for the period April 1 through October 

23 31; 
4

1 (d) “Critical Year” shall mean any Year in which either of the following 

2 eventualities exists: 

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

4 Year, as such forecast is made by the United States on or before February 15 and 

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

6 less than three million two hundred thousand (3,200,000) acre-feet; or 

7 (2) The total accumulated actual deficiencies below four million 

8 (4,000,000) acre-feet in the immediately prior Water Year or series of successive prior 

9 Water Years each of which had inflows of less than four million (4,000,000) acre-feet, 

10 together with the forecasted deficiency for the current Water Year, exceed eight hundred 

11 thousand (800,000) acre-feet. For the purpose of determining a Critical Year the 

12 computed inflow to Shasta Lake under present upstream development above Shasta Lake 

13 shall be used as the full natural inflow to Shasta Lake. In the event that major 

14 construction occurs above Shasta Lake after April 1, 2004, which materially alters the 

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

16 to Shasta Lake used to define a Critical Year will, be adjusted to eliminate the effect of 

17 such material alterations. After consultation with the State of California, the National 

18 Weather Service, and other recognized forecasting agencies, the Contracting Officer will 

19 select the forecast to be used and will make the details of it available to the Contractor. 

20 The same forecasts used by the United States for the operation of the Project shall be 

21 used to make the forecasts hereunder; 

22 (e) “CVPIA” shall mean the Central Valley Project Improvement Act, Title 

23 XXXIV of the Act of October 30, 1992 (106 Stat. 4706); 
5

1 (f) “Eligible Lands” shall mean all lands to which Project Water may be 

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

3 1982 (96 Stat. 1263), as amended, hereinafter referred to as RRA;

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

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

6 Federal Reclamation law; 

7 (h) “Full Cost Rate” shall mean that water rate described in Sections 

8 205(a)(3) or 202(3) of the RRA, whichever is applicable; 

9 (i) “Ineligible Lands” shall mean all lands to which Project Water may not be 

10 delivered in accordance with Section 204 of the RRA; 

11 (j) “Landholder” shall mean a party that directly or indirectly owns or leases 

12 nonexempt land, as provided in 43 CFR 426.2; 

13 (k) “Project” shall mean the Central Valley Project owned by the United 

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

15 (l) “Project Water” shall mean all water diverted or scheduled to be diverted 

16 each month during the period April through October of each Year by the Contractor from 

17 the Sacramento River which is in excess of the Base Supply. The United States 

18 recognizes the right of the Contractor to make arrangements for acquisition of water from 

19 projects of others than the United States for delivery through the Sacramento River and 

20 tributaries subject to written agreement between Contractor and the United States as to 

21 identification of such water which water when so identified shall not be deemed Project 

22 Water under this contract; 
6

1 (m) “Rates” shall mean the payments for Project Water determined annually 

2 by the Contracting Officer in accordance with the then current applicable water 

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

4 Contract; 

5 (n) “Secretary” or “Contracting Officer” shall mean the Secretary of the 

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

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

8 (o) “Water Year” shall mean the period commencing with October 1 of one 

9 year and extending through September 30 of the next; and 

10 (p) “Year” shall mean a calendar year. 

11 TERM OF CONTRACT

12 2. This contract shall become effective April 1, 2004, and shall remain in effect 

13 until and including March 31, 2044: Provided, That under terms and conditions mutually 

14 agreeable to the parties hereto, renewals may be made for successive periods not to 

15 exceed forty (40) years each. The terms and conditions of each renewal shall be agreed 

16 upon not later than one (1) year prior to the expiration of the then existing contract: 

17 Provided further, That upon written request by the Contractor of the Secretary made not 

18 later than one (1) year prior to the expiration of this contract, whenever, account being 

19 taken of the amount then credited to the costs of construction of water supply works, the 

20 remaining amount of construction costs of water supply work which is properly 

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

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

23 repaid to the United States within the term of a contract under subsection (d), Section 9 of 
7

1 the1939 Reclamation Project Act (53 Stat. 1187), this contract may be converted to a 

2 contract under said subsection (d) upon terms and conditions mutually agreeable to the 

3 United States and the Contractor. Notwithstanding any provision of this contract, the 

4 Contractor reserves and shall have all rights and benefits under Public Law 643. 

5 WATER TO BE FURNISHED TO CONTRACTOR

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

7 the Contractor is hereby entitled and authorized to divert from the Sacramento River at 

8 the locations shown in Exhibit A, for beneficial use within the area delineated on Exhibit 

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

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

11 operating schedule required by Article 3(b) of this contract. The quantity of any water 

12 diverted from the Sacramento River for use on any lands delineated on Exhibit B, by the 

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

14 Exhibit A and shall be subject to all the provisions of this contract relating to such 

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

16 (b) The United States recognizes the need of the Contractor to vary from time 

17 to time its monthly diversions of water from the quantities shown in Exhibit A, or any 

18 revision thereof. Before April 1 of each Year the Contractor shall submit a written 

19 schedule to the Contracting Officer indicating the Contract Total to be diverted by the 

20 Contractor during each month. The United States shall furnish water to the Contractor in 

21 accordance with the monthly operating schedule or any revisions thereof: Provided, That 

22 in no event shall the total quantity scheduled for diversion by the Contractor from the 

23 Sacramento River: 
8

1 (1) During the period April through October exceed the aggregate of the 

2 Contract Total for those months shown in Exhibit A or any revision thereof; 

3 (2) During the period July through September exceed the aggregate of the 

4 Contract Total for those months shown in Exhibit A or any revision thereof; and 

5 Provided, further, That with the prior written approval of the Contracting Officer, water 

6 to be diverted in April, May, or June may be diverted in September or October, or vice 

7 versa. The Contractor shall be charged a fee based upon the appropriate components of 

8 the water ratesetting policy for the Project for the Base Supply scheduled for diversion in 

9 April, May, or June that is diverted in September or October, or vice versa. 

10 (c) In the event conditions warrant, the Contracting Officer reserves the right 

11 to require the Contractor to submit, at least seventy-two (72) hours prior to the beginning 

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

13 from the Sacramento River: Provided, however, That changes during any such period 

14 may be made upon the giving of seventy-two (72) hours’ notice thereof to the 

15 Contracting Officer. 

16 (d) No sale, transfer, exchange, or other disposal of any water or the right to 

17 the use thereof for use on land other than that shown on Exhibit B shall be made by the 

18 Contractor without: 

19 (1) First obtaining the written consent of the Contracting Officer; and 

20 (2) Compliance with all applicable State and Federal laws, including but 

21 not limited to the National Environmental Policy Act and the Endangered Species Act, 

22 and applicable guidelines or regulations then in effect. 
9

1 (e) Nothing herein contained shall prevent the Contractor from diverting 

2 water during the months of November through March for beneficial use on the land 

3 shown on Exhibit B to the extent authorized under the laws of the State of California. 

4 (f) The United States assumes no responsibility for and neither it nor its 

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

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

7 (2) The control, carriage, handling, use, disposal, or distribution of water 

8 diverted by the Contractor outside the facilities constructed and then being operated and 

9 maintained by or on behalf of the United States; 

10 (3) Claims of damage of any nature whatsoever, including but not limited 

11 to, property loss or damage, personal injury, or death arising out of or connected with the 

12 control, carriage, handling, use, disposal, or distribution of said water outside of the 

13 hereinabove referred to facilities; and 

14 (4) Any damage whether direct or indirect arising out of or in any manner 

15 caused by a shortage of water whether such shortage be on account of errors in operation, 

16 drought, or unavoidable causes. 

17 RETURN FLOW

18 4. The United States reserves the right to the use of all waste, seepage, and return 

19 flow water derived from water diverted by the Contractor hereunder and which escapes 

20 or is discharged beyond the boundaries of the lands shown on Exhibit B. Nothing herein 

21 shall be construed as an abandonment or a relinquishment by the United States of the 

22 right to the use of any such water; Provided, That this shall not be construed as claiming 

23 for the United States any right to such water which is recovered by the Contractor 
10

1 pursuant to California law from within the boundaries of the lands shown on Exhibit B, 

2 and which is being used pursuant to this contract for surface irrigation or underground 

3 storage on the lands shown on Exhibit B by the Contractor. (Colusa Basin Drain 

4 language may be required) 

5 CONSTRAINTS ON THE AVAILABILITY OF WATER

6 5. (a) In any Water Year that (1) the forecasted full natural inflow to Shasta Lake 

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

8 February 15 and reviewed as frequently thereafter as conditions and information warrant, 

9 is equal to or less than three million eight hundred thousand (3,800,000) acre-feet; or 

10 (2) If the total accumulated actual deficiencies in the full natural inflow to Shasta 

11 Lake in the immediately prior Water Year or series of successive prior Water Years, each 

12 of which had inflows of less than four million (4,000,000) acre-feet, together with the 

13 forecasted deficiency for the current Water Year, are between 200,000 acre-feet and 

14 800,000 acre-feet, then the following reductions in the Contractor’s monthly Contract 

15 Total shall be imposed: 

16 Deficiency (acre-feet) Reduction

17 200,000 – 400,000 10 percent 

18 400,001 – 600,000 15 percent 

19 600,001 – 800,000 20 percent 

20 

21 (b) In a Critical Year, the Contractor’s Base Supply and Project Water agreed 

22 to be diverted during the period April through October of the Year in which the principal 

23 portion of the Critical Year occurs and, each monthly quantity of said period shall be 

24 reduced by twenty-five percent (25%). 

25 (c) The amount of any overpayment by the Contractor shall, at its option, be 

26 refunded or credited upon amounts to become due to the United States from the 
11

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

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

3 Contractor. 

4 USE OF WATER FURNISHED TO CONTRACTOR

5 6. (a) Project Water furnished to the Contractor pursuant to this contract shall not 

6 be delivered or furnished by the Contractor for any purposes other than agricultural 

7 purposes, including, but not restricted to, the watering of livestock, incidental domestic 

8 use, or underground water replenishment without written consent of the Contracting 

9 Officer. 

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

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

12 execution of this Contract undertaken pursuant to Section 7 of the Endangered Species 

13 Act of 1973, as amended, that are within the Contractor’s legal authority to implement. 

14 The Contractor shall comply with the limitations or requirements imposed by 

15 environmental documentation applicable to the Contractor and within its legal authority 

16 to implement regarding specific activities, including conversion of Irrigation Water to 

17 M&I Water. Nothing herein shall be construed to prevent the Contractor from 

18 challenging or seeking judicial relief in a court of competent jurisdiction with respect to 

19 any biological opinion or other environmental documentation referred to in this Article. 

20 RATE AND METHOD OF PAYMENT FOR WATER

21 7. (a) The Contractor shall make payments to the United States as provided in 

22 this Article for all Project Water shown in Exhibit A of this contract at Rates and Charges 

23 established in accordance with: (i) the Secretary’s then-current ratesetting policies for the 
12

1 Project; and (ii) applicable Reclamation law and associated rules and regulations, or 

2 policies: Provided, That if the Contractor desires to use Project Water for other than 

3 agricultural use the Rates and Charges set forth above will be adjusted by the Contracting 

4 Officer to the applicable Rates and Charges for such use. The Rates and Charges 

5 applicable to the Contractor upon execution of this Contract are set forth in Exhibit “D”, 

6 as may be revised annually. The Secretary’s ratesetting policies for the Project shall be 

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

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

9 Charges as follows: 

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

11 Contractor an estimate of the Charges for Project Water that will be applied to the period 

12 October 1, of the current Year, through September 30, of the following Year, and the 

13 basis for such estimate. The Contractor shall be allowed not less than two (2) months to 

14 review and comment on such estimates. On or before September 15 of each Year, the 

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

16 during the period October 1 of the current Year, through September 30, of the following 

17 Year, and such notification shall revise Exhibit “D.” 

18 (2) Prior to October 1 of each Year, the Contracting Officer shall make 

19 available to the Contractor an estimate of the Rates for Project Water for the following 

20 Year and the computations and cost allocations upon which those Rates are based. The 

21 Contractor shall be allowed not less than two (2) months to review and comment on such 

22 computations and cost allocations. By December 31 of each Year, the Contracting 
13

1 Officer shall provide the Contractor with the final Rates to be in effect for the upcoming 

2 Year, and such notification shall revise Exhibit “D”. 

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

4 following manner: 

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

6 shall pay the United States one-half (1/2) the total amount payable pursuant to 

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

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

9 Contractor: Provided, however, That if at any time during the Year the amount of Project 

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

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

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

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

14 the United States, in addition to the Rate(s) in subdivision (c)(1) of this Article, at the 

15 Charges then in effect, before the end of the month following the month of delivery or 

16 transfer. The payments shall be consistent with the quantities of Project Water delivered 

17 or transferred. Adjustment for overpayment or underpayment of Charges shall be made 

18 through the adjustment of payments due to the United States for Charges for the next 

19 month. Any amount to be paid for past due payment of Charges shall be computed 

20 pursuant to Article 12 of this Contract. 

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

22 Contract may be paid from any revenues available to the Contractor. 
14

1 (d1) (Contractor Specific)All revenues received by the United States from 

2 the Contractor relating to the delivery of Project Water or the delivery of non-Project 

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

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

5 ratesetting policies for Irrigation Water. 

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

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

8 settlement contracts, in accordance with applicable Federal standards, so as to reflect the 

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

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

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

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

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

14 disputes relating to accountings, reports, or information. 

15 (f) The parties acknowledge and agree that the efficient administration of this 

16 Contract is their mutual goal. Recognizing that experience has demonstrated that 

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

18 making and allocating payments, other than those set forth in this Article may be in the 

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

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

21 while this Contract is in effect without amendment of this Contract. 

22 (g) For the term of this contract, Rates under the respective ratesetting 

23 policies for the Project will be established to recover only reimbursable operation and 
15

1 maintenance (including any deficits) and capital costs of the Project, as those terms are 

2 used in the then-current Project ratesetting policies, and interest, where appropriate, 

3 except in instances where a minimum Rate is applicable in accordance with the relevant 

4 Project ratesetting policy. Proposed changes of significance in practices which 

5 implement the ratesetting policies for the Project will not be implemented until the 

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

7 need, and impact of the proposed change. 

8 (h) Except as provided in subsections 3405(a)(1)(B) and 3405(f) of the 

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

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

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

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

13 ratesetting policies for the Project. If the Contractor is receiving lower Rates and 

14 Charges because of inability to pay and is transferring, exchanging, or otherwise 

15 disposing of Project Water to another entity whose Rates and Charges are not adjusted 

16 due to inability to pay, the Rates and Charges for transferred, exchanged, or otherwise 

17 disposed of Project Water shall be the Contractor’s Rates and Charges unadjusted for 

18 ability to pay. 

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

20 Officer is authorized to adjust determinations of ability to pay every five (5) years. 

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

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

23 File No. 11546, P.O Box 6000, San Francisco, California, 94160-1546, or at such other 
16

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

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

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

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

5 Article 12 shall apply. The Contractor shall not be relieved of the whole or any part of its 

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

7 (1) Its failure, refusal, or neglect to divert the quantity of Project Water as 

8 hereinabove provided; 

9 (2) The default in payment to it by any water user of assessments, tolls, or 

10 other charges levied by or owing to said Contractor; 

11 (3) Any judicial determination that any assessment, toll, or other charge 

12 referred to in subsection 8(c)(2) of this Contract is irregular, void, or ineffectual; or 

13 (4) Any injunctive process enjoining or restraining the Contractor from 

14 making or collecting any such assessment, toll, or other charge referred to in subsection 

15 8(c)(2) of this Contract.

16 AGREEMENT ON WATER QUANTITIES

17 8. (a) During the term of this contract and any renewals thereof: 

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

19 Contractor as to the quantities of water and the allocation thereof between Base Supply 

20 and Project Water which may be diverted by the Contractor from the Sacramento River 

21 for beneficial use on the land shown on Exhibit B which said diversion, use, and 

22 allocation shall not be disturbed so long as the Contractor shall fulfill all of its obligations 

23 hereunder; 
17

1 (2) The Contractor shall not claim any right against the United States in 

2 conflict with the provisions hereof. 

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

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

5 person other than the Contractor: Provided, however, That in the event the Contractor, 

6 the United States, or any other person shall become a party to a general adjudication of 

7 rights to the use of water of the Sacramento River system, this contract shall not 

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

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

10 proceedings the same as if this contract had not been entered into, and if final judgment 

11 in any such general adjudication shall determine that the rights of the parties hereto are 

12 different from the rights as assumed herein, the United States shall submit it to the 

13 Contractor an amendment to give effect to such judgment and the contract shall be 

14 deemed to have been amended accordingly unless within sixty (60) days after submission 

15 of such amendment to the Contractor, the Contractor elects to terminate the contract or 

16 within the same period of time the parties agree upon mutually satisfactory amendments 

17 to give effect to such judgment: Provided, further, That if, during the term of this 

18 Contract, the Contractor’s or the United States’ water rights are adjusted or affected, or 

19 the responsibility to meet flow, water quality and/or environmental requirements under 

20 those water rights is modified (e.g., changes to the Delta Water Quality Control Plan and 

21 associated water right actions), by or through any final administrative or judicial 

22 proceeding, the Contractor and the United States shall negotiate appropriate adjustments 

23 to this contract. 
18

1 (c) In the event this contract terminates, the rights of the parties to thereafter 

2 divert and use water shall exist as if this contract had not been entered into; and the fact 

3 that as a compromise settlement of a controversy as to the respective rights of the parties 

4 to divert and use water and the yield of such rights during the term hereof, this contract 

5 places a limit on the Contract Total to be diverted annually by the Contractor during the 

6 contract term and segregates it into Base Supply and Project Water shall not jeopardize 

7 the rights or position of either party with respect to its water rights or the yield thereof at 

8 all times after the contract terminates. It is further agreed that the Contractor at all times 

9 will first use water to the use of which it is entitled by virtue of its own water rights, and 

10 neither the provisions of this contract, action taken thereunder, nor payments made 

11 thereunder to the United States by the Contractor shall be construed as an admission that 

12 any part of the water used by the Contractor during the term of this contract was in fact 

13 water to which it would not have been entitled under water rights owned by it nor shall 

14 receipt of payments thereunder by the United States from the Contractor be construed as 

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

16 contract was in fact water to which it would have been entitled under water rights owned 

17 by it. 

18 MEASUREMENT OF WATER

19 9. (a) All water diverted by the Contractor from Sacramento River will be 

20 diverted at the existing point or points of diversion shown on Exhibit A or at such other 

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

22 Contractor. 
19

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

2 will be measured or caused to be measured by the United States at each point of diversion 

3 with existing equipment or equipment to be installed, operated, and maintained by the 

4 United States, and/or others, under contract with and at the option of the United States. 

5 The equipment and methods used to make such measurement shall be in accordance with 

6 sound engineering practices. Upon request of the Contractor, the accuracy of such 

7 measurements will be investigated by the Contracting Officer and any errors appearing 

8 therein will be corrected. 

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

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

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

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

13 Officer deems necessary. 

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

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

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

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

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

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

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

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

22 facilities. 
20

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

2 or replace measurement equipment when the Contractor modifies, alters, removes, or 

3 replaces diversion or carriage facilities. 

4 (f) (Contractor Specific) By __________________[DATE] ________, the 

5 Contractor shall ensure that, unless the Contractor establishes an alternative measurement 

6 program satisfactory to the Contracting Officer, all surface water delivered for irrigation 

7 purposes on the lands delineated on Exhibit B is measured at each agricultural turnout. 

8 The water measuring devices or water measuring methods of comparable effectiveness 

9 must be acceptable to the Contracting Officer. The Contractor shall be responsible for 

10 installing, operating, and maintaining and repairing all such measuring devices and 

11 implementing all such water measuring methods at no cost to the United States. The 

12 Contractor shall inform the Contracting Officer in writing by April 30 of each Year of the 

13 monthly volume of surface water delivered to the lands delineated on Exhibit B during 

14 the previous Year. This information will be used by Reclamation to satisfy the water 

15 measurement requirements of the Contractor’s water conservation plan, as set forth in 

16 Article 28 of this Contract. 

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

18 delineated on Exhibit B after the effective date of this Contract shall also comply with the 

19 measurement provisions described in this Article. 

20 RULES AND REGULATIONS

21 10. The parties agree that the delivery of Project Water for irrigation use or use of 

22 Federal facilities pursuant to this Contract is subject to Federal Reclamation law, 

23 including but not limited to, the Reclamation Reform Act of 1982 (43 U.S.C.390aa et 
21

1 seq.), as amended and supplemented, and the rules and regulations promulgated by the 

2 Secretary of the Interior under Federal Reclamation law. 

3 GENERAL OBLIGATION--BENEFITS CONDITIONED UPON PAYMENT

4 

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

6 this Contract is a general obligation of the Contractor notwithstanding the manner in 

7 which the obligation may be distributed among the Contractor's water users and 

8 notwithstanding the default of individual water users in their obligations to the 

9 Contractor. 

10 

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

12 to receiving benefits under this Contract. The United States shall not make water 

13 available to the Contractor through Project facilities during any period in which the 

14 Contractor may be in arrears in the advance payment of water rates due the United States. 

15 The Contractor shall not furnish water made available pursuant to this Contract for lands 

16 or parties which are in arrears in the advance payment of water rates levied or established 

17 by the Contractor. 

18 

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

20 no obligation to require advance payment for water rates which it levies. 

21 

22 CHARGES FOR DELINQUENT PAYMENTS

23 

24 12. (a) The Contractor shall be subject to interest, administrative and penalty 

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

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

27 delinquent beyond the due date. When a payment becomes sixty (60) days delinquent, 

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

29 processing the delinquent payment. When a payment is delinquent ninety (90) days or 

30 more, the Contractor shall pay an additional penalty charge of six (6%) percent per year 

31 for each day the payment is delinquent beyond the due date. Further, the Contractor shall 

32 pay any fees incurred for debt collection services associated with a delinquent payment. 

33 

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

35 in the Federal Register by the Department of the Treasury for application to overdue 

36 payments, or the interest rate of one-half of one (0.5%) percent per month prescribed by 

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

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

39 delinquent period. 

40 

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

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

43 to the accrued interest, and finally to the overdue payment. 

44 
22

1 QUALITY OF WATER

2 13. The operation and maintenance of Project facilities shall be performed in 

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

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

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

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

7 quality of water. 

8 WATER AND AIR POLLUTION CONTROL

9 14. The Contractor, in carrying out this Contract, shall comply with all applicable 

10 water and air pollution laws and regulations of the United States and the State of 

11 California, and shall obtain all required permits or licenses from the appropriate Federal, 

12 State, or local authorities. 

13 EQUAL OPPORTUNITY

14 

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

16 

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

18 for employment because of race, color, religion, sex, or national origin. The Contractor 

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

20 are treated during employment, without regard to their race, color, religion, sex, or 

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

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

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

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

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

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

27 

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

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

30 consideration for employment without discrimination because of race, color, religion, 

31 sex, or national origin. 

32 

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

34 with which it has a collective bargaining agreement or other contract or understanding, a 
23

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

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

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

4 places available to employees and applicants for employment. 

5 

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

7 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant 

8 orders of the Secretary of Labor. 

9 

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

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

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

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

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

15 

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

17 clauses of this Contract or with any of the said rules, regulations, or orders, this Contract 

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

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

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

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

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

23 

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

25 in every subcontract or purchase order unless exempted by the rules, regulations, or 

26 orders of the Secretary of Labor issued pursuant to Section 204 of said amended 

27 Executive Order, so that such provisions will be binding upon each subcontractor or 

28 vendor. The Contractor will take such action with respect to any subcontract or purchase 

29 order as may be directed by the Secretary of Labor as a means of enforcing such 

30 provisions, including sanctions for noncompliance: Provided, however, That in the event 

31 the Contractor becomes involved in, or is threatened with, litigation with a subcontractor 

32 or vendor as a result of such direction, the Contractor may request the United States to 

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

34 

35 COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS

36 (For Districts Only) 

37 

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

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

40 amended), the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.) and any other 

41 applicable civil rights laws, as well as with their respective implementing regulations and 

42 guidelines imposed by the U.S. Department of the Interior and/or Bureau of Reclamation. 

43 

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

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

46 in, be denied the benefits of, or be otherwise subjected to discrimination under any 
24

1 program or activity receiving financial assistance from the Bureau of Reclamation. By 

2 executing this Contract, the Contractor agrees to immediately take any measures 

3 necessary to implement this obligation, including permitting officials of the United States 

4 to inspect premises, programs, and documents. 

5 

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

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

8 other Federal financial assistance extended after the date hereof to the Contractor by the 

9 Bureau of Reclamation, including installment payments after such date on account of 

10 arrangements for Federal financial assistance which were approved before such date. 

11 The Contractor recognizes and agrees that such Federal assistance will be extended in 

12 reliance on the representations and agreements made in this Article, and that the United 

13 States reserves the right to seek judicial enforcement thereof. 

14 

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

16 17. (a) Project Water must of necessity be transported by the Contractor to its 

17 water users by means of the same works and channels used for the transport of its non18 Project Water. Notwithstanding such mingling of water, the provisions of Article 11 

19 hereof shall be applicable only to Project Water, and such mingling of water shall not in 

20 any manner subject to the provisions of Article 11 hereof the Contractor’s non-Project 

21 water. 

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

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

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

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

26 month deliver to Ineligible Lands water in excess of the non-Project Water for that 

27 month. The Contracting Officer or authorized representative shall have the right at all 

28 reasonable times to inspect such records and measuring equipment. 

29 (c) The Contractor will not be considered in violation of the requirement that 

30 Project Water be delivered only to Eligible Lands during any month of the irrigation 
25

1 season that the water requirement for beneficial use on Eligible Lands for that month is 

2 equal to or in excess of the Project Water for that month as shown on Exhibit A or any 

3 revision thereof pursuant to subdivision (b) of Article 3. The water requirement for 

4 beneficial use on Eligible Lands will be determined by multiplying: 

5 (1) the number of irrigable acres of the particular types of crops grown in 

6 that year on the acreage designated as eligible by 

7 (2) the Unit Duties as set forth in Exhibit C attached hereto and made a 

8 part hereof, or by such other Unit Duties mutually agreed upon by the Contractor and the 

9 Contracting Officer. In order to make the computation of the water requirement for 

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

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

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

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

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

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

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

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

18 accordance with subdivision (b) hereof. 

19 BOOKS, RECORDS, AND REPORTS

20 18. The Contractor shall establish and maintain accounts and other books and 

21 records pertaining to administration of the terms and conditions of this Contract, 

22 including: the Contractor's financial transactions, water supply data, and Project land and 

23 right-of-way agreements; the water users' land-use (crop census), land ownership, land24 leasing and water use data; and other matters that the Contracting Officer may require. 

25 Reports thereon shall be furnished to the Contracting Officer in such form and on such 

26 date or dates as the Contracting Officer may require. Subject to applicable Federal laws 

27 and regulations, each party to this Contract shall have the right during office hours to 
26

1 examine and make copies of each other’s books and official records relating to matters 

2 covered by this Contract. 

3 

4 CHANGE OF PLACE OF USE OR ORGANIZATION

5 19. (a) Unless the written consent of the United States is first obtained no change 

6 shall be made in the place of water use shown on Exhibit B. 

7 (b) While this contract is in effect, no change shall be made in the area of the 

8 Contractor as shown on its Exhibit B, by inclusion or exclusion of lands, by dissolution, 

9 consolidation, or merger or otherwise, except upon the Contracting Officer’s written 

10 assent thereto. 

11 (c) In the event lands are excluded from the area of the Contractor, as 

12 provided herein, the quantity of Project Water to be diverted may be decreased pursuant 

13 to a supplemental agreement to be executed in respect thereto. 

14 CONSOLIDATION OF CONTRACTING ENTITIES

15 

16 20. Consolidation of Contractors may be approved by the Contracting Officer 

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

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

19 Contractor are assumed by such entity. 

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

21 Officer. 

22 NOTICES

23 21. Any notice, demand, or request authorized or required by this Contract shall 

24 be deemed to have been given, on behalf of the Contractor, when mailed, postage 

25 prepaid, or delivered to the Area Manager, Northern California Area Office, Bureau of 

26 Reclamation, 16349 Shasta Dam Blvd., Shasta Lake, California, 96019, and on behalf of 

27 the United States, when mailed, postage prepaid, or delivered to the Board of Directors 

28 /City Council of the ________________________. The designation of the addressee or 
27

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

2 Article for other notices. 

3 

4 ASSIGNMENT LIMITED--SUCCESSORS AND ASSIGNS OBLIGATED

5 

6 22. (a) The provisions of this Contract shall apply to and bind the successors 

7 and assigns of the parties hereto, but no assignment or transfer of this Contract or any 

8 right or interest therein shall be valid until approved in writing by the Contracting 

9 Officer. 

10 

11 (b) The assignment of any right or interest in this Contract by either party 

12 shall not interfere with the rights or obligations of the other party to this Contract absent 

13 the written concurrence of said other party. 

14 

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

16 approval of any proposed assignment. 

17 

18 OFFICIALS NOT TO BENEFIT

19 

20 23. (a) No Member of or Delegate to Congress, Resident Commissioner, or 

21 official of the Contractor shall benefit from this Contract other than as a water user or 

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

23 

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

25 receive any benefit that may arise by reason of this contract other than as a landowner 

26 within the Contractor’s service area and in the same manner as other landowners within 

27 the said service area. 

28 

29 CONTINGENT UPON APPROPRIATION OR ALLOTMENT OF FUNDS

30 

31 24. The expenditure or advance of any money or the performance of any 

32 obligation of the United States under this Contract shall be contingent upon appropriation 

33 or allotment of funds. Absence of appropriation or allotment of funds shall not relieve 

34 the Contractor from any obligations under this Contract. No liability shall accrue to the 

35 United States in case funds are not appropriated or allotted. 

36 

37 CONFIRMATION OF CONTRACT

38 25. The Contractor, after the execution of this Contract, shall promptly seek to 

39 secure a decree of a court of competent jurisdiction of the State of California, if 

40 appropriate, confirming the execution of this contract. The Contractor shall furnish the 

41 United States a certified copy of the final decree, the validation proceedings, and all 

42 pertinent supporting records of the court approving and confirming this Contract, and 

43 decreeing and adjudging it to be lawful, valid, and binding on the Contractor. This 

44 Contract shall not be binding on the United States until such final decree has been 

45 secured. 
28

1 UNAVOIDABLE GROUNDWATER PERCOLATION

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

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

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

5 of Project Water by the Contractor to Eligible Lands. 

6 PRIVACY ACT COMPLIANCE

7 

8 27. (a) The Contractor shall comply with the Privacy Act of 1974 (5 U.S.C. 

9 552a) (the Act) and the Department of the Interior rules and regulations under the Act (43 

10 CFR 2.45 et seq.) in maintaining Landholder acreage certification and reporting records, 

11 required to be submitted to the Contractor for compliance with Sections 206 and 228 of 

12 the Reclamation Reform Act of 1982 (96 Stat. 1266), and pursuant to 43 CFR 426.18. 

13 

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

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

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

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

18 

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

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

21 Bureau of Reclamation Federal Register Privacy Act System of Records Notice (Acreage 

22 Limitation--Interior, Reclamation-31) which govern the maintenance, safeguarding, and 

23 disclosure of information contained in the Landholder's certification and reporting 

24 records. 

25 

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

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

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

29 43 CFR 2.72. The Contractor is authorized to grant requests by individuals for access to 

30 their own records. 

31 

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

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

34 filed under 43 CFR 2.71; notify the requester accordingly of such referral; and provide 

35 the System Manager with information and records necessary to prepare an appropriate 

36 response to the requester. These requirements do not apply to individuals seeking access 

37 to their own certification and reporting forms filed with the Contractor pursuant to 43 

38 CFR 426.18, unless the requester elects to cite the Privacy Act as a basis for the request. 

39 
29

1 WATER CONSERVATION

2 28. (a) Prior to the diversion of Project Water, the Contractor shall be 

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

4 Contractor's water conservation plan that has been determined by the Contracting Officer 

5 to meet the conservation and efficiency criteria for evaluating water conservation plans 

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

7 contain definite water conservation objectives, appropriate economically feasible water 

8 conservation measures, and time schedules for meeting those objectives. Continued 

9 diversion of Project Water pursuant to this Contract shall be contingent upon the 

10 Contractor’s continued implementation of such water conservation program. In the event 

11 the Contractor's water conservation plan or any revised water conservation plan 

12 completed pursuant to subdivision (c) of Article 28 of this Contract have not yet been 

13 determined by the Contracting Officer to meet such criteria, due to circumstances which 

14 the Contracting Officer determines are beyond the control of the Contractor, Project 

15 Water deliveries shall be made under this Contract so long as the Contractor diligently 

16 works with the Contracting Officer to obtain such determination at the earliest practicable 

17 date, and thereafter the Contractor immediately begins implementing its water 

18 conservation and efficiency program in accordance with the time schedules therein. 

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

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

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

22 Federal law. 
30

1 (c) At five (5)-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 activity 

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

10 OPINIONS AND DETERMINATIONS

11 

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

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

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

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

16 Contract, expressly reserve the right to seek relief from and appropriate adjustment for 

17 any such arbitrary, capricious, or unreasonable opinion or determination. Each opinion 

18 or determination by either party shall be provided in a timely manner. Nothing in 

19 subdivision (a) of Article 29 of this Contract is intended to or shall affect or alter the 

20 standard of judicial review applicable under federal law to any opinion or determination 

21 implementing a specific provision of federal law embodied in statute or regulation. 

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

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

24 Contract, the laws of the United States and of the State of California, and the rules and 
31

1 regulations promulgated by the Secretary of the Interior. Such determinations shall be 

2 made in consultation with the Contractor to the extent reasonably practicable. 

3 CONTRACTOR TO PAY CERTAIN MISCELLANEOUS COSTS

4 30. (a) In addition to all other payments to be made by the Contractor pursuant to 

5 this Contract, the Contractor shall pay to the United States, within sixty (60) days after 

6 receipt of a bill and detailed statement submitted by the Contracting Officer to the 

7 Contractor for such specific items of direct cost incurred by the United States for work 

8 requested by the Contractor associated with this Contract plus indirect costs in 

9 accordance with applicable Bureau of Reclamation policies and procedures. All such 

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

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

12 administration. 

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

14 Contractor pursuant to Article 30 of this Contract shall be adjusted to reflect the actual 

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

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

17 Contractor's advances, the Contractor will be billed for the additional costs pursuant to 

18 Article 30 of this Contract. 

19 WAIVER OF DEFAULT

20 31. The waiver by either party to this contract as to any default shall not be 

21 construed as a waiver of any other default or as authority of the other party to continue 

22 such default or to make, do, or perform, or not to make, do, or perform, as the case may 

23 be, any act or thing which would constitute a default. 
32

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

2 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 (SEAL) 

14 

15 

16 (Contractor) 

17 

18 

19 By:______________________________ 

20 President 

21 

22 

23 ATTEST: 

24 

25 

26 ________________________________ 

27 Secretary 

28 

29 

30 (I:\sac river renewal\Sac R Long Form Draft.doc) 

31