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Preamble THIS CONTRACT, made this 6th day of April, 1964, in 

pursuance generally of the Act of June 17, 1902 (32 Stat. 388), and, acts amendatory or supplementary thereto, between THE UNITED STATES OF AMERICA (hereinafter referred to as the United States), acting through the Secretary of the Interior, and _____________ (hereinafter referred to as the Contractor), 

 THIS CONTRACT, made this ____2002, in pursuance generally of the A388), and acts amendatory or supplembut not limited to, the Acts of August amended and supplemented, August amended and supplemented, July 2, 11963 (77 Stat. 68), October 12, 1982 1986 (100 Stat. 3050), as amended, aOctober 30, 1992 (106 Stat. 4706), alreferred to as Federal Reclamation laSTATES OF AMERICA, hereinafter States, and _____________________the Contractor, a public agency of the organized, existing, and acting pursuits principal place of business in Calidepending on contracting entity)

Explanatory Recitals WHEREAS, the United States, pursuant to authorizing acts, has 

under construction and is operating the Central Valley Project, California, for the development, conservation, and utilization of water resources in California in the Sacramento, the American, the San Joaquin, and the Trinity River Basins; and WHEREAS, the Contractor asserts that it has rights to divert, is 

diverting, and will continue to divert for reasonable beneficial use, water from the natural flow of the Sacramento River and tributaries thereto, that would have been flowing therein if the Central Valley Project were not in existence; and WHEREAS, the construction and operation of the integrated 

and coordinated Central Valley Project have changed and will further change the regimen of the Sacramento, American, San Joaquin, and Trinity Rivers and the Sacramento-San Joaquin 

WHEREAS, the United States h

operating the Central Valley Project, storage, carriage, distribution and benirrigation, municipal, domestic, indusmitigation, protection and restorationof electric energy, salinity control, nauses, of waters of the Sacramento RivTrinity River, and the San Joaquin Ri

WHEREAS, the Contractor asse

is diverting, and will continue to diveuse, water from the natural flow of thtributaries thereto, that would have beCentral Valley Project were not in ex

WHEREAS, the construction an

1 Certain Articles appearing in the Existing contract have been omitted from the Draft contract. Articles covering the same topic may n

number. 
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EXISTING LANGUAGE NEW LANGUAGE Delta from unregulated flow to regulated flow; and WHEREAS, the United States asserts that it has rights to divert, is diverting, and will continue to divert waters from said Rivers and the said Delta in connection with the operation of said Central Valley Project, and WHEREAS, to assure the Contractor of the enjoyment and use of the regulated flow of the said Rivers and the Delta, and to provide for the economical operation of the Central Valley Project by, and the reimbursement to, the United States for expenditures made for said Project; NOW, THEREFORE, in consideration of the covenants herein contained, it is agreed as follows: 

and coordinated Central Valley Projefurther change the regimen of the Sac

Joaquin, and Trinity Rivers and the Sfrom unregulated flow to regulated fl

WHEREAS, the United States a

divert, is diverting, and will continue Rivers and said Delta in connection wCentral Valley Project, and 

WHEREAS, the Contractor and 

into Contract No. ______________, referred to as the Existing Contract, wthe delivery to the Contractor of Centthe quantities of Base Supply the ConSacramento River from _________________________________; and 

WHEREAS, the Contractor has 

renewal of the Existing Contract, purExisting Contract, Federal ReclamatiState of California, and the United StContractor has fulfilled all of its obligContract; and 

WHEREAS, to assure the Contr

use of the regulated flow of the said Rprovide for the economical operation by, and the reimbursement to, the Unmade for said Project; NOW, THEREFORE, in consideratioherein contained provisions, conditioas follows: 

1. Definitions 1. When used herein, unless otherwise expressed or 

incompatible with the intent hereof, the term:  (a) “Secretary” or “Contracting Officer” shall mean the Secretary of the United States Department of the Interior or his 

1. When used herein, unless otherwiwith the intent hereof, the term:  (a) “Base Supply” shall mean the qin Articles 3 and 5 which the United 
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EXISTING LANGUAGE NEW LANGUAGE duly authorized representative;  (b) “Project” shall mean the Central Valley Project, California, of the Bureau of Reclamation;  (c) “year” shall mean a calendar year;  (d) “base supply” shall mean the quantity of water established in Articles 3 and 5 which the United States agrees may be diverted by the Contractor from the Sacramento River each month during the period April through October of each year without payment to the United States for such quantities diverted;  (e) “Project water” shall mean all water diverted or scheduled to be diverted each month during the period April through October of each year by the Contractor from the Sacramento River which is in excess of the base supply. The United States recognizes the right of the Contractor to make arrangements for acquisition of water from projects of others than the United States for delivery through the Sacramento River and tributaries subject to agreement between Contractor and the United States as to identification of such water which water when so identified shall not be deemed Project water under this contract;  (f) “water year” shall mean the period commencing with October 1 of one year and extending through September 30 of the next;  (g) “total supply” shall mean the sum of the base supply and Project water;  (h) “Critical year” shall mean any year in which either of the following eventualities exists:  (1) The forecasted full natural inflow to Shasta Lake for the current water year, as such forecast is made by the United States on or before February 15 and reviewed as frequently thereafter as conditions and information warrant, is equal to or less than 3,200,000 acre-feet; or  (2) The total accumulated actual deficiencies below 

by the Contractor from the Sacramenthe period April through October of ethe United States for such quantities d (b) “Charges” shall mean the paym

required by Federal Reclamation law specified in this Contract as determinContracting Officer pursuant to this C (c) “Contract Total” shall mean the Project Water available for diversion 

period April 1 through October 31;  (d) “Critical Year” shall mean any following eventualities exists:  (1) The forecasted full natural inflcurrent Water Year, as such forecast 

on or before February 15 and revieweconditions and information warrant, imillion two hundred thousand (3,200 (2) The total accumulated actual dmillion (4,000,000) acre-feet in the imor series of successive prior Water Yinflows of less than four million (4,00

with the forecasted deficiency for the eight hundred thousand (800,000) acrdetermining a Critical Year the compunder present upstream development used as the full natural inflow to Shasmajor construction occurs above Shawhich materially alters the present recontributing to Shasta Lake, the compused to define a Critical Year will, be effect of such material alterations. AState of California, the National Wearecognized forecasting agencies, the 
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EXISTING LANGUAGE NEW LANGUAGE 4,000,000 acre-feet in the immediately prior water year or series of successive prior water years each of which had inflows of less than 4,000,000 acre-feet, together with the forecasted deficiency for the current water year, exceed 800,000 acre-feet. For the purpose of determining a critical year, the computed inflow to Shasta Lake under present upstream development above Shasta Lake shall be used as the full natural inflow to Shasta Lake. In the event that major construction occurs above Shasta Lake after September 1, 1963, materially alters the present regimen of the stream systems contributing to Shasta Lake, the computed inflow to Shasta Lake used to define a critical year will be adjusted to eliminate the effect of such material alterations. After consultation with the State, the Weather Bureau, and other recognized forecasting agencies, the Contracting Officer will select the forecast to be used and will make the details of it available to the Contractor. The same forecasts used by the United States for the operation of the Project shall be used to make the forecasts hereunder; and  (i) “eligible land” shall mean nonexcess land as defined in Article 20 hereof together with excess land for which valid recordable contracts have been executed in accordance with said Article 20. 

select the forecast to be used and will available to the Contractor. The sam

United States for the operation of the 

the forecasts hereunder;  (e) “CVPIA” shall mean the CentraImprovement Act, Title XXXIV of th(106 Stat. 4706);  (f) “Eligible Lands” shall mean all may be delivered in accordance with 

Reclamation Reform Act of October amended, hereinafter referred to as R (g) “Excess Lands” shall mean all llimitations contained in Section 204 olands exempt from acreage limitation law;  (h) “Full Cost Rate” shall mean thaSections 205(a)(3) or 202(3) of the R

 (i) “Ineligible Lands” shall mean alWater may not be delivered in accordRRA;  (j) “Landholder” shall mean a party owns or leases nonexempt land, as pr (k) “Project” shall mean the CentraUnited States and managed by the DeBureau of Reclamation;  (l) “Project Water” shall mean all wbe diverted each month during the peeach Year by the Contractor from the 

in excess of the Base Supply. The Uright of the Contractor to make arrangwater from projects of others than the through the Sacramento River and triagreement between Contractor and th
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identification of such water which wanot be deemed Project Water under th (m) “Rates” shall mean the paymendetermined annually by the Contractiwith the then current applicable wateProject, as described in subdivision (Contract;  (n) “Secretary” or “Contracting OffSecretary of the Interior, a duly appoauthorized representative acting pursuSecretary and through any agency of Interior;  (o) “Water Year” shall mean the peOctober 1 of one year and extending next; and  (p) “Year” shall mean a calendar ye

2. Term Of Contract 2. This contract shall remain in effect until and including March 

31, 2004: Provided, That under terms and conditions mutually 

agreeable to the parties hereto, renewals may be made for successive periods not to exceed forty (40) years each. The terms and conditions of each renewal shall be agreed upon not later than 1 year prior to the expiration of the then existing contract: Provided further, That upon written request by the 

Contractor of the Secretary made not later than 1 year prior to the expiration of this contract, whenever, account being taken of the amount then credited to the costs of construction of water supply works, the remaining amount of construction costs of water supply works which is properly assignable for ultimate return by the Contractor as established by the Secretary of the Interior pursuant to (3) of Section 1 of Public Law 643 (70 Stat. 483), probably can be repaid to the United States within the term of a contract under subsection (d), Section 9 of the1939 Reclamation Project Act (53 Stat. 1187), this contract may be 

2. This contract shall become effectiremain in effect until and including M

That under terms and conditions mutuhereto, renewals may be made for sucforty (40) years each. The terms and shall be agreed upon not later than onexpiration of the then existing contra

upon written request by the Contractolater than one (1) year prior to the expwhenever, account being taken of the costs of construction of water supply of construction costs of water supply assignable for ultimate return by the Cthe Secretary of the Interior pursuant Law 643 (70 Stat. 483), probably can States within the term of a contract uof the1939 Reclamation Project Act (
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EXISTING LANGUAGE NEW LANGUAGE converted to a contract under said subsection (d) upon terms and conditions mutually agreeable to the United States and the Contractor. Notwithstanding any provisions of this contract, the Contractor reserves and shall have all rights and benefits under Public Law 643. 

may be converted to a contract under terms and conditions mutually agreea

the Contractor. Notwithstanding any the Contractor reserves and shall havPublic Law 643. 

3. Water To Be Furnished To Contractor 

3. (a) Subject to the conditions, limitations, and provisions hereinafter expressed, the Contractor is hereby entitled and authorized to divert from the Sacramento River, for beneficial use within the area delineated on Exhibit B, attached hereto and made a part hereof, the total supply of water shown on, and in accordance with the schedule contained in Exhibit A, also attached hereto and made a part hereof, or any revision thereof as herein provided. The quantity of any water diverted from the Sacramento River to any lands within the boundaries of the Contractor, as delineated on Exhibit B, by the owner of such lands or otherwise shall constitute a part of the total supply as 

shown on Exhibit A, and shall be subject to all the provisions of this contract relating to such total supply as if such diversion were made by the Contractor.  (b) The United States recognizes that the beneficial use by the 

Contractor of the total supply may be contingent upon its developing demands and that during the period prior to April 1, 1974, it may require a lesser quantity than that shown on Exhibit A. Prior to April 1 of each year during the said period, the Contractor shall order from the United States either the Project water supply as shown in Exhibit A or such lesser quantity as it desires each month during the ensuing irrigation season, and Exhibit A shall be considered revised accordingly.  (c) On April 1, 1974, the Contractor shall order from the United States either the Project water supply as shown in Exhibit A, or such lesser quantity as it desires each month, and 

Exhibit A shall be considered revised accordingly and shall continue in effect during the remaining term hereof. The 

3. (a) Subject to the conditions, limihereinafter expressed, the Contractor authorized to divert from the Sacramshown in Exhibit A, for beneficial uson Exhibit B, (both Exhibits are attachereof), the Contract Total designated revision thereof, in accordance with tschedule required by Article 3(b) of tany water diverted from the Sacramelands delineated on Exhibit B, by the otherwise shall constitute a part of thExhibit A and shall be subject to all trelating to such Contract Total as if sthe Contractor.  (b) The United States recognizes th

vary from time to time its monthly diquantities shown in Exhibit A, or any April 1 of each Year the Contractor sschedule to the Contracting Officer into be diverted by the Contractor durinStates shall furnish water to the Contmonthly operating schedule or any re

That in no event shall the total quantithe Contractor from the Sacramento R (1) During the period April througaggregate of the Contract Total for thA or any revision thereof;  (2) During the period July through 
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EXISTING LANGUAGE NEW LANGUAGE quantities of Project water diverted from the Sacramento River for beneficial use on the lands within the boundaries of the Contractor at any time thereafter, may be further reduced to the extent and in a manner as may be agreed upon by the Contractor and the Contracting Officer.  (d) The United States recognizes the need of the Contractor to vary from time to time its monthly deliveries of water from the quantities shown in Exhibit A, or any revision thereof, and shall furnish water to the Contractor in accordance with its reasonable needs pursuant to revised monthly operating schedules to be furnished by it to the United States before each April 1 and before the 1st day of each month thereafter indicating the total supply to be diverted by the Contractor during each month: Provided, That in no event shall the total quantity scheduled or 

diverted by the Contractor from Sacramento River:  (1) During the period April through October exceed the aggregate of the total supply for those months shown in Exhibit A or any revision thereof; and  (2) During the period July through September exceed the aggregate of the total supply for those months shown in Exhibit A or any revision thereof.  (e) The Contractor recognizes the complexities of operating Project facilities to make water available for diversion as herein provided and to perform other functions of the Project. To facilitate such operations at least 72 hours prior to the beginning of each weekly period it shall submit to the Contracting Officer its estimate of its aggregate and daily delivery requirements for each such period from the Sacramento River: Provided, 

however, That changes during any such period may be made 

upon the giving of a72-hour notice thereof to the Contracting Officer.  (f) No sale or other disposal of any water or the right to the use thereof for use on land other than that shown on the 

aggregate of the Contract Total for thA or any revision thereof; and Provid

prior written approval of the Contracdiverted in April, May, or June may bOctober, or vice versa. The Contractbased upon the appropriate componenpolicy for the Project for the Base Suin April, May, or June that is diverted vice versa.  (c) In the event conditions warrant, reserves the right to require the Contrseventy-two (72) hours prior to the beperiod, its estimate of daily diversion period from the Sacramento River: P

changes during any such period may seventy-two (72) hours’ notice thereo (d) No sale, transfer, exchange, or othe right to the use thereof for use on on Exhibit B shall be made by the Co (1) First obtaining the written consOfficer; and  (2) Compliance with all applicable including but not limited to the Natioand the Endangered Species Act, and regulations then in effect.  (e) Nothing herein contained shall pdiverting water during the months of beneficial use on the land shown on Eauthorized under the laws of the State  (f) The United States assumes no renor its officers, agents, or employees on account of:  (1) The quality of water to be dive
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EXISTING LANGUAGE NEW LANGUAGE Contractor’s Exhibit B shall be made by the Contractor without first obtaining the written consent of the United States thereto.  (g) Nothing herein contained shall prevent the Contractor from diverting water during the months of November through March for beneficial use on the land shown on Exhibit B to the extent authorized under the law of the State of California.  (h) The United States assumes no responsibility for and neither it nor its officers, agents, and employees shall have any liability for or on account of:  (1) The control, carriage, handling, use, disposal, or distribution of said water outside the facilities constructed and then being operated and maintained by the United States;  (2) Claims of damage of any nature whatsoever, including but not limited to, property loss or damage, personal injury, or death arising out of or connected with the control, carriage, handling, use, disposal, or distribution of said water outside of the hereinabove referred to facilities; and  (3) Any damage whether direct or indirect arising out of or in any manner caused by a shortage of water whether such shortage be on account of errors in operation, drought, or unavoidable causes. 

 (2) The control, carriage, handlingdistribution of water diverted by the Cfacilities constructed and then being oor on behalf of the United States;  (3) Claims of damage of any naturnot limited to, property loss or damagarising out of or connected with the cuse, disposal, or distribution of said whereinabove referred to facilities; and  (4) Any damage whether direct or any manner caused by a shortage of wbe on account of errors in operation, causes. 

4. Return Flow 4. The United States reserves the right to the use of all waste, 

seepage, and return-flow water derived from water diverted by the Contractor hereunder and which escapes or is discharged beyond the boundaries of the lands shown on the Contractor’s Exhibit B and nothing herein shall be construed as an abandonment or a relinquishment by the United States of any 

such water, but this shall not be construed as claiming for the United States any right as waste, seepage, or return flow to 

water being used pursuant to this contract for surface irrigation or underground storage within the said boundaries by the Contractor. 

4. The United States reserves the rigseepage, and return flow water deriveContractor hereunder and which escathe boundaries of the lands shown on shall be construed as an abandonmenUnited States of the right to the use o

That this shall not be construed as claany right to such water which is recopursuant to California law from withishown on Exhibit B, and which is beicontract for surface irrigation or undeshown on Exhibit B by the Contracto
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language may be required) 

5. Critical Year Reductions (Constraints on the Availability of Water)2

5. In a critical year, the Contractor’s base supply and Project water agreed to be diverted during the period April through October of the year in which the principal portion of the critical year occurs and each monthly quantity of said period shall be reduced by 25%. The amount of any overpayment by the Contractor shall, at its option, be refunded or credited upon amounts to become due to the United States from the Contractor under the provisions hereof in the ensuing year. To the extent of such deficiency such adjustment of overpayment shall constitute the sole remedy of the Contractor. 

5. (a) In any Water Year that (1) the to Shasta Lake for the current Water made by the United States on or befoas frequently thereafter as conditions 

equal to or less than three million eig(3,800,000) acre-feet; or (2) If the todeficiencies in the full natural inflow immediately prior Water Year or seri

Years, each of which had inflows of l(4,000,000) acre-feet, together with tthe current Water Year, are between 800,000 acre-feet, then the following Contractor’s monthly Contract Total Deficiency (acre-feet) 

200,000 – 400,000 400,001 – 600,000 600,001 – 800,000  (b) In a Critical Year, the ContractoWater agreed to be diverted during thOctober of the Year in which the prinYear occurs and, each monthly quantreduced by twenty-five percent (25% (c) The amount of any overpaymenits option, be refunded or credited upthe United States from the Contractor in the ensuing Year. To the extent of adjustment of overpayment shall conContractor. 

6. Need Of Contractor For 6. In the event the Contractor in any year requires a quantity of 6. Omitted. 

2 Titles of Articles covering the same topic may change between the existing contract and the draft contract. 
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More Water Than Agreed Quantity 

water in addition to its total supply for that year, upon receipt from the Contractor of:  (a) A written notice requesting such additional water together with a schedule indicating the desired times and quantities for the diversion thereof; and  (b) Payment in full therefor at the applicable rate, 

the United States shall attempt to make such additional water available in accordance with said schedule to the extent that additional water is available as determined by the Contracting Officer. The amount of any overpayment by the Contractor, by reason of the additional quantity of water being made available for diversion by it pursuant to this Article having been less than the quantity requested and paid for, at the option of the Contractor, shall be refunded to it or credited upon amounts to become due to the United States from the Contractor under the provisions hereof in the ensuing year: Provided, That the 

inability, failure, or refusal of the Contractor to divert such additional quantity of water when it is available shall not entitle the said Contractor to any refund or adjustment of payment. The diversion by the Contractor of such additional quantities of water shall neither entitle nor obligate the Contractor to divert such quantities in subsequent years. 

7. Use Of Water Furnished To Contractor 

7. Project water furnished to the Contractor pursuant to this contract shall not be delivered or furnished by the Contractor for any purposes other than agricultural purposes, including, but not restricted to, the watering of livestock, incidental domestic use, or underground water replenishment without written consent of the Contracting Officer. 

6. (a) Project Water furnished to the contract shall not be delivered or furnany purposes other than agricultural prestricted to, the watering of livestockunderground water replenishment wiContracting Officer.  (b) The Contractor shall comply withe Contractor in biological opinion(sconsultation regarding the execution pursuant to Section 7 of the Endangeamended, that are within the Contrac
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implement. The Contractor shall comrequirements imposed by environmento the Contractor and within its legal regarding specific activities, includinWater to M&I Water. Nothing herein prevent the Contractor from challengin a court of competent jurisdiction wopinion or other environmental documArticle. 

8. Rate And Method Of Payment For Water 

8. (a) At the time and place hereinafter stated the Contractor shall make payments to the United States in each year at the 

agricultural rate of $2 for each acre-foot of Project water shown in its Exhibit A or for such lesser quantity to which that shown in said exhibit is reduced at the time and in the manner provided in subdivisions (b) or (c) of Article 3: Provided, That if the 

Contractor desires to use Project water for other than agricultural use the rate set forth above will be adjusted by the Contracting Officer to the applicable rate for such use. One-half of the total amount of said payment shall be made prior to April 1 of each year and the remainder prior to July 1 or such later date or dates as may be specified by the United States in a written notice to the Contractor: Provided, however, That if at 

any time during the year the quantity of Project water diverted by the Contractor shall equal the quantity for which payment has been made, the Contractor shall pay for the remaining quantity of such water as shown in Exhibit A or the revision thereof in advance of any further diversion of Project water.  (b) Each payment to be made pursuant to subdivision (a) hereof shall be made at the office of the Bureau of Reclamation, United States Department of the Interior, Sacramento, California, 95811, or at such other place as the United States may designate in a written notice to the said Contractor. The Contractor shall not be relieved of the whole or any part of its 

7. (a) The Contractor shall make payprovided in this Article for all Projecof this contract at Rates and Charges with: (i) the Secretary’s then-current Project; and (ii) applicable Reclamatiand regulations, or policies: Provided

desires to use Project Water for other Rates and Charges set forth above wiContracting Officer to the applicable use. The Rates and Charges applicabexecution of this Contract are set fortrevised annually. The Secretary’s ratProject shall be amended, modified, opublic notice and comment procedure (b) The Contracting Officer shall noRates and Charges as follows:  (1) Prior to July 1 of each Year, thprovide the Contractor an estimate of Water that will be applied to the perioYear, through September 30, of the fofor such estimate. The Contractor shtwo (2) months to review and commebefore September 15 of each Year, thnotify the Contractor in writing of the 
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EXISTING LANGUAGE NEW LANGUAGE said obligation because of its failure, refusal, or neglect to divert the quantity of Project water as hereinabove provided. 

during the period October 1 of the cuSeptember 30, of the following Year, revise Exhibit “D.”  (2) Prior to October 1 of each Yeashall make available to the ContractoProject Water for the following Year 

cost allocations upon which those Ra

shall be allowed not less than two (2) comment on such computations and cDecember 31 of each Year, the Contr

the Contractor with the final Rates to Year, and such notification shall revi (c) The Contractor shall pay the Unin the following manner:  (1) With respect to Rates, prior to Contractor shall pay the United Stateamount payable pursuant to subdivisiremainder shall be paid prior to July as may be specified by the United StaContractor: Provided, however, That 

the amount of Project Water diverted the amount for which payment has bepay for the remaining amount of such in advance of any further diversion o (2) With respect to Charges, the Cpayment to the United States, in addisubdivision (c)(1) of this Article, at thbefore the end of the month following transfer. The payments shall be consProject Water delivered or transferredoverpayment or underpayment of Chthe adjustment of payments due to thfor the next month. Any amount to b
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of Charges shall be computed pursuaContract.  (d) Payments to be made by the Counder this Contract may be paid from the Contractor.  (d1) (Contractor Specific)All revenStates from the Contractor relating to or the delivery of non-Project water tbe allocated and applied in accordanclaw and the associated rules or regulaProject ratesetting policies for Irrigat (e) The Contracting Officer shall kethe administration of the financial terterm water service and settlement conapplicable Federal standards, so as to Project costs and revenues. The ConYear upon request of the Contractor, detailed accounting of all Project and allocations, the disposition of all Projand a summary of all water delivery iOfficer and the Contractor shall enter to resolve any discrepancies or dispureports, or information.  (f) The parties acknowledge and agadministration of this Contract is theithat experience has demonstrated thaprocedures used for establishing Ratemaking and allocating payments, othArticle may be in the mutual best inteexpressly agreed that the parties may modify the mechanisms, policies, and purposes while this Contract is in effethis Contract. 
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 (g) For the term of this contract, Raratesetting policies for the Project wionly reimbursable operation and maindeficits) and capital costs of the Projethe then-current Project ratesetting poappropriate, except in instances wherapplicable in accordance with the relepolicy. Proposed changes of significimplement the ratesetting policies for implemented until the Contracting OfContractor an opportunity to discuss of the proposed change.  (h) Except as provided in subsectioof the CVPIA, the Rates for Project Wor otherwise disposed of , by the ConContractor’s Rates adjusted upward ochanged costs of delivery (if any) of otherwise disposed of Project Water tdelivery in accordance with the then-for the Project. If the Contractor is reCharges because of inability to pay aexchanging, or otherwise disposing oentity whose Rates and Charges are npay, the Rates and Charges for transfotherwise disposed of Project Water Rates and Charges unadjusted for abi (i) Pursuant to the Act of October 2Contracting Officer is authorized to aability to pay every five (5) years.  (j) Each payment to be made pursuof this Article shall be made at the ofReclamation, Mid-Pacific Region, FiSan Francisco, California, 94160-154
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the United States may designate in a Contractor. Payments shall be made any other mechanism as may be agreContractor and the Contracting Officdefault in the payment of the amount provisions of Article 12 shall apply. relieved of the whole or any part of itaccount of, or notwithstanding, as the  (1) Its failure, refusal, or neglect tProject Water as hereinabove provide (2) The default in payment to it by assessments, tolls, or other charges leContractor;  (3) Any judicial determination thaother charge referred to in subsection irregular, void, or ineffectual; or  (4) Any injunctive process enjoiniContractor from making or collecting other charge referred to in subsection 

9. Agreement On Water Quantities 

9. (a) During the term of this contract and any renewal thereof:  (1) It shall constitute full agreement as between the United States and the Contractor as to the quantities of water and the allocation thereof between base supply and Project water which may be diverted by the Contractor from the Sacramento River for beneficial use on the land shown on Exhibit B which said diversion, use, and allocation shall not be disturbed so long as the Contractor shall fulfill all of its obligations hereunder;  (2) The Contractor shall not claim any right against the United States in conflict with the provisions hereof.  (b) Nothing herein contained is intended to or does limit rights of the Contractor against others than the United States or the United States against any person other than the Contractor: Provided, however, That in the event the Contractor, the United 

8. (a) During the term of this contra (1) It shall constitute full agreemeStates and the Contractor as to the quallocation thereof between Base Suppmay be diverted by the Contractor frobeneficial use on the land shown on Ediversion, use, and allocation shall noContractor shall fulfill all of its oblig (2) The Contractor shall not claim States in conflict with the provisions  (b) Nothing herein contained is inteof the Contractor against others than 

United States against any person otheProvided, however, That in the event 
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EXISTING ARTICLE NUMBER1

EXISTING LANGUAGE NEW LANGUAGE States, or any other person shall become a party to a general adjudication of rights to the use of water of the Sacramento River system, this contract shall not jeopardize the rights or position of either party hereto or of any other person and the rights of all such persons in respect to the use of such water shall be determined in such proceedings the same as if this contract had not been entered into, and if final judgment in any such general adjudication shall determine that the rights of the parties hereto are different from the rights as assumed herein, the United States shall submit to the Contractor an amendment to give effect to such judgment and the contract shall be deemed to have been amended accordingly unless within 60 days after submission of such amendment to the Contractor, the Contractor elects to terminate the contract or within the same period of time the parties agree upon satisfactory amendments to give effect to such judgment.  (c) In the event this contract terminates, the rights of the parties to thereafter divert and use water shall exist as if this contract had not been entered into. The fact that, as a compromise settlement of a controversy as to the respective rights of the parties to divert and use water and the yield of such rights during the term hereof, this contract places a limit on the total supply to be diverted annually by the Contractor during the contract term and segregates it into base supply and Project water shall not jeopardize the rights or position of either party with respect to its water rights or the yield thereof at all times after the contract terminates. It is further agreed that the Contractor at all times will first use water to the use of which it is entitled by virtue of its own water rights, and neither the provisions of this contract, action taken thereunder, nor payments made thereunder to the United States by the Contractor shall be construed as an admission that any part of the water used by the Contractor during the term of this contract 

States, or any other person shall becoadjudication of rights to the use of wasystem, this contract shall not jeopardeither party hereto or of any other perpersons in respect to the use of such wsuch proceedings the same as if this cinto, and if final judgment in any sucdetermine that the rights of the partierights as assumed herein, the United Contractor an amendment to give effcontract shall be deemed to have been within sixty (60) days after submissioContractor, the Contractor elects to te

within the same period of time the pasatisfactory amendments to give effec

Provided, further, That if, during the 

Contractor’s or the United States’ waaffected, or the responsibility to meet environmental requirements under th(e.g., changes to the Delta Water Quaassociated water right actions), by or administrative or judicial proceedingUnited States shall negotiate approprcontract.  (c) In the event this contract terminto thereafter divert and use water shanot been entered into; and the fact thaof a controversy as to the respective rand use water and the yield of such rithis contract places a limit on the Conannually by the Contractor during the it into Base Supply and Project Waterights or position of either party with 
17

EXISTING ARTICLE NUMBER1

EXISTING LANGUAGE NEW LANGUAGE was in fact water to which it would not have been entitled under water rights owned by it nor shall receipt of payments thereunder by the United States from the Contractor be construed as an admission that any part of the water used by the Contractor during the term of this contract was in fact water to which the District would have been entitled under water rights owned by it. 

the yield thereof at all times after the further agreed that the Contractor at athe use of which it is entitled by virtuneither the provisions of this contractpayments made thereunder to the Unshall be construed as an admission thby the Contractor during the term of tto which it would not have been entitby it nor shall receipt of payments the

from the Contractor be construed as athe water used by the Contractor duriwas in fact water to which it would hrights owned by it. 

10. Measurement Of Water 

10. (a) All water diverted by the Contractor from Sacramento River will be diverted at the existing point or points of diversion shown on Exhibit A or at such other points as may be mutually agreed upon in writing by the Contracting Officer and the Contractor.  (b) All water diverted from the Sacramento River pursuant to this contract will be measured or caused to be measured by the United States at each point of diversion with existing equipment or equipment to be installed, operated, and maintained by the United States, and/or others, under contract with and at the option of the United States. The equipment and methods used to make such measurement shall be in accordance with sound engineering practices. Upon request of the Contractor, the accuracy of such measurements will be investigated by the Contracting Officer and any errors appearing therein will be corrected.  (c) The right of ingress to and egress from all points of diversion is hereby granted to all authorized employees of the United States. The Contractor also hereby grants to the United States the right to install, operate, maintain and replace such 

9. (a) All water diverted by the ConRiver will be diverted at the existing shown on Exhibit A or at such other pagreed upon in writing by the ContraContractor.  (b) All water diverted from the Sacthis contract will be measured or cauUnited States at each point of diversiequipment to be installed, operated, aStates, and/or others, under contract wUnited States. The equipment and mmeasurement shall be in accordance wpractices. Upon request of the Contrmeasurements will be investigated by any errors appearing therein will be c (c) The right of ingress to and egresis hereby granted to all authorized emThe Contractor also hereby grants to 

install, operate, maintain and replace or carriage facilities at each point of d
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EXISTING ARTICLE NUMBER1

EXISTING LANGUAGE NEW LANGUAGE equipment on diversion or carriage facilities at each point of diversion as the Contracting Officer deems necessary.  (d) The Contractor shall not modify, alter, remove, or replace diversion facilities or do any other act which would alter the effectiveness or accuracy of the measuring equipment installed by the United States or its representatives unless and until the Contracting Officer has been notified with due diligence and has been given an opportunity to modify such measuring equipment in such manner as may be necessary or appropriate. In the event of an emergency the Contractor shall notify the United States within a reasonable time thereafter as to the existence of the emergency and the nature and extent of such modification, alteration, removal, or replacement of diversion facilities. 

Officer deems necessary.  (d) The Contractor shall not modifydiversion facilities or do any other aceffectiveness or accuracy of the meas

the United States or its representativeContracting Officer has been notified been given an opportunity to modify such manner as may be necessary or an emergency the Contractor shall noa reasonable time thereafter as to the and the nature and extent of such moremoval, or replacement of diversion  (e) The Contractor shall pay the Unrepair, relocate, or replace measuremContractor modifies, alters, removes, carriage facilities.  (f) (Contractor Specific) By ______

________, the Contractor shall ensurestablishes an alternative measuremeContracting Officer, all surface water purposes on the lands delineated on Eagricultural turnout. The water measmeasuring methods of comparable efacceptable to the Contracting Officerresponsible for installing, operating, aall such measuring devices and implemeasuring methods at no cost to the UContractor shall inform the Contracti30 of each Year of the monthly volumto the lands delineated on Exhibit B dThis information will be used by Recmeasurement requirements of the Coplan, as set forth in Article 28 of this 
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EXISTING ARTICLE NUMBER1

EXISTING LANGUAGE NEW LANGUAGE 

 (g) All new surface water delivery lands delineated on Exhibit B after thContract shall also comply with the mdescribed in subdivision (a) of this A

11. Rules, Regulations, And Determinations (Rules And Regulations) 

11. (a) The Contracting Officer shall have the right to make, after an opportunity has been offered to the Contractor for consultation, rules and regulations consistent with the provisions of this contract, the laws of the United States and the State of California, and to add to or modify them as may be deemed proper and necessary to carry out this contract, and to supply necessary details of its administration which are not covered by express provisions of this contract. The Contractor shall observe such rules and regulations.  (b) Where the terms of this contract provide for action to be 

based upon the opinion or determination of either party to this contract, whether or not stated to be conclusive, said terms shall not be construed as permitting such action to be predicated upon arbitrary, capricious, or unreasonable opinions or determinations. In the event the Contractor questions any factual determination made by the Contracting Officer, the findings as to the facts shall be made by the Secretary only after consultation with the Contractor and shall be conclusive upon the parties.  (c) In the event that the United States, as a result of litigation or agreement, or failure to require an agreement, gives substantially more favorable treatment to any other diverter from the Sacramento River under similar circumstances than 

that accorded under this contract to the Contractor, the United States agrees to renegotiate this contract to provide comparable treatment to the Contractor hereunder. 

10. The parties agree that the deliverirrigation use or use of Federal facilitis subject to Federal Reclamation lawthe Reclamation Reform Act of 1982 amended and supplemented, and the promulgated by the Secretary of the IReclamation law. 

12. General Obligation - Benefits Conditioned Upon Payment 

12. (a) The obligation of the Contractor to pay the United States as provided in this contract is a general obligation of the Contractor notwithstanding the manner in which the obligation 

(Std. Artic

11. (a) The obligation of the Contraas provided in this Contract is a gene
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EXISTING LANGUAGE NEW LANGUAGE may be distributed among the Contractor’s water users and notwithstanding the default of individual water users in their obligation to the Contractor.  (b) The payment of charges becoming due hereunder is a condition precedent to receiving benefits under this contract. 

Contractor notwithstanding the mannmay be distributed among the Contranotwithstanding the default of individobligations to the Contractor.  (b) The payment of charges becomicondition precedent to receiving beneUnited States shall not make water avthrough Project facilities during any pContractor may be in arrears in the adrates due the United States. The Con

made available pursuant to this Contrare in arrears in the advance payment established by the Contractor.  (c) With respect to subdivision (b) shall have no obligation to require adrates which it levies. 

13. Penalty For Delinquent Payments (Charges For Delinquent Payments) 

13. The Contractor shall pay a penalty on installments or charges which become delinquent computed at the rate of 1% per month of the amount of such delinquent installments or charges for each day from such delinquency until paid: Provided, That no penalty shall be charged to the Contractor 

unless such delinquency continues for more that 30 days in which event the penalty shall accrue from the initial date of delinquency. 

(Standard Ar

12. (a) The Contractor shall be subjeand penalty charges on delinquent insWhen a payment is not received by thshall pay an interest charge for each dbeyond the due date. When a paymedelinquent, the Contractor shall pay acover additional costs of billing and ppayment. When a payment is delinquthe Contractor shall pay an additionapercent per year for each day the paythe due date. Further, the Contractor for debt collection services associated  (b) The interest charge rate shall be prescribed quarterly in the Federal Rethe Treasury for application to overdu

rate of one-half of one (0.5%) percen
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EXISTING LANGUAGE NEW LANGUAGE 

Section 6 of the Reclamation Project 260). The interest charge rate shall bdate and remain fixed for the duration  (c) When a partial payment on a de

the amount received shall be applied, the administrative charges, third to thto the overdue payment. 

14. Quality Of Water 14. The operation and maintenance of Project facilities shall be 

performed in such manner as is practicable to maintain the quality of raw water made available through such facilities at the highest level reasonably attainable as determined by the Contracting Officer. The United States does not warrant the quality of water and is under no obligation to construct or furnish water treatment facilities to maintain or better the quality of water. 

13. The operation and maintenance operformed in such manner as is practof raw water made available through level reasonably attainable as determOfficer. The United States does not wand is under no obligation to construcfacilities to maintain or better the qua

15. Water Pollution Control (Water And Air Pollution Control) 

15. The Contractor shall, within its legal authority, comply fully with all applicable Federal laws, orders, and regulations, and the laws of the State of California, all as administered by appropriate authorities, concerning the pollution of streams, reservoirs, groundwater, or water courses with respect to thermal pollution or the discharge of refuse, garbage, sewage effluent, industrial waste, oil, mine tailings, mineral salts, or other pollutants. 

14. The Contractor, in carrying out thfully with all applicable water and air regulations of the United States and tshall obtain all required permits or licFederal, State, or local authorities. 

16. Equal Opportunity 16. During the performance of this Contract, the Contractor 

agrees as follows:  (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, 

sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment 

(Standard Ar

15. During the performance of this Cagrees as follows:  (a) The Contractor will not discrimapplicant for employment because of national origin. The Contractor will ensure that applicants are employed, treated during employment, without rreligion, sex, or national origin. Such be limited to, the following: Employ
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EXISTING LANGUAGE NEW LANGUAGE advertising; layoff or termination, rates of payment or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this Equal Opportunity clause.  (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without discrimination because of race, color, religion, sex, or national origin.  (c) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.  (d) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.  (e) The Contractor will furnish all information and reports required by said amended Executive Order and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Contracting Officer and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.  (f) In the event of the Contractor's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, 

or transfer; recruitment or recruitmen

termination, rates of payment or otheselection for training, including appre

agrees to post in conspicuous places, applicants for employment, notices to Contracting Officer setting forth the pnondiscrimination clause.  (b) The Contractor will, in all soliciemployees placed by or on behalf of qualified applicants will receive conswithout discrimination because of rac

national origin.  (c) The Contractor will send to each representative of workers with which agreement or other contract or unders

provided by the Contracting Officer, or workers' representative of the ConSection 202 of Executive Order 1124shall post copies of the notice in consemployees and applicants for employ (d) The Contractor will comply witOrder No. 11246 of September 24, 19rules, regulations, and relevant orders  (e) The Contractor will furnish all irequired by said amended Executive regulations, and orders of the Secretathereto, and will permit access to its bby the Contracting Officer and the Seof investigation to ascertain complianregulations, and orders.  (f) In the event of the Contractor's nnondiscrimination clauses of this Conrules, regulations, or orders, this Con
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EXISTING LANGUAGE NEW LANGUAGE terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in said amended Executive Order, and such other sanctions may be imposed and remedies invoked as provided in said Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.  (g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of said amended Executive Order, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Contracting Officer may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, 

however, That in the event the Contractor becomes involved in, 

or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Contracting Officer, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 

terminated, or suspended, in whole or may be declared ineligible for further accordance with procedures authorizeOrder, and such other sanctions may invoked as provided in said Executivregulation, or order of the Secretary oprovided by law  (g) The Contractor will include the through (g) in every subcontract or puexempted by the rules, regulations, or Labor issued pursuant to Section 204 Order, so that such provisions will be subcontractor or vendor. The Contrawith respect to any subcontract or pudirected by the Secretary of Labor as provisions, including sanctions for no

however, That in the event the Contrais threatened with, litigation with a suresult of such direction, the ContractoStates to enter into such litigation to pUnited States. 

17. Title VI, Civil Rights Act Of 1964 (Compliance With Civil Rights Laws And Regulations) 

17. (a) The Contractor agrees that it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 241) and all regulations imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and Regulation, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Contractor receives financial assistance from the United States and hereby gives assurance that it will immediately take any measures to 

(Standard Ar

16. (a) The Contractor shall comply Rights Act of 1964 (42 U.S.C. 2000dRehabilitation Act of 1975 (P.L. 93-1Discrimination Act of 1975 (42 U.S.Cother applicable civil rights laws, as wimplementing regulations and guideliDepartment of the Interior and/or Bur (b) These statutes require that no peshall, on the grounds of race, color, nage, be excluded from participation in
24

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EXISTING LANGUAGE NEW LANGUAGE effectuate this agreement.  (b) If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Contractor by the United States, this assurance obligates the Contractor, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Contractor for the period during which the Federal financial assistance is extended to it by the United States.  (c) This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the date hereof to the Contractor by the United States, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees that such Federal assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Contractor, its successors, transferees, and assignees. 

or be otherwise subjected to discrimiactivity receiving financial assistance 

Reclamation. By executing this Contimmediately take any measures necesobligation, including permitting officinspect premises, programs, and docu (c) The Contractor makes this agree

for the purpose of obtaining any and contracts, property, discounts, or otheextended after the date hereof to the CReclamation, including installment paccount of arrangements for Federal were approved before such date. The agrees that such Federal assistance wthe representations and agreements mthat the United States reserves the rigenforcement thereof. 

18. Lands Not To Receive Project Water Furnished To Contractor By United States Until Owners Thereof Execute Certain Contracts 

18. (a) No Project water diverted by the Contractor shall be furnished to any excess lands as defined in Article 20 hereof unless the owners thereof shall have executed valid recordable contracts in form prescribed by the United States, agreeing to 

the provisions of this article and Articles 19, 20, and 22 hereof, agreeing to the appraisal provided for in Article 19 hereof and that such appraisal shall be made on the basis of the actual bona fide value of such lands at the date of the appraisal without 

18. Omitted. (Replaced by Article 1
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EXISTING LANGUAGE NEW LANGUAGE reference to the construction of the Project, all as hereinafter provided, and agreeing to the sale of such excess lands under terms and conditions satisfactory to the Secretary and at prices not to exceed those fixed, as hereinafter provided. No sale of any excess lands shall carry the right to receive Project water made available pursuant to this contract, unless and until the purchase price involved in such sale is approved by the Contracting Officer and upon proof of fraudulent representation as to the true consideration involved in such sale the United States may instruct the Contractor by written notice to refuse to furnish any Project water subject to this contract to the land involved in such fraudulent sales and the Contractor thereafter shall not furnish said water to such lands.  (b) If Project water diverted by the Contractor pursuant to this contract reaches the underground strata of excess land owned by a large landowner, as defined in Article 20, who has not executed a recordable contract and the large landowner pumps such Project water from the underground, the Contractor will not be deemed to have furnished such water to said lands within the meaning of this contract if such water reached the underground strata of the aforesaid excess land as an unavoidable result of the furnishing of Project water by the Contractor to nonexcess lands, or to excess lands with respect to which a recordable contract has been executed. 

19. Valuation And Sale Of Excess Lands 

19. (a) The value of the excess irrigable lands within the District as defined in Article 20, held in private ownership of large landowners as defined in said article, for the purposes of this contract, shall be appraised in a manner to be prescribed by the Secretary. At the option of the large landowner, however, the value of such land may be appraised, subject to the approval thereof by the Secretary, by three appraisers. One of said appraisers shall be designated by the Secretary and one shall be designated by the Contractor and the two appraisers so 

19. Omitted. (Replaced by Article 1
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EXISTING ARTICLE NUMBER1

EXISTING LANGUAGE NEW LANGUAGE appointed shall name the third. If the appraisers so designated by the Secretary and said Contractor are unable to agree upon the appointment of the third, the Presiding Justice of the Third District Court of Appeal of the State of California shall be requested to designate the third appraiser.  (b) The following principles shall govern the appraisal:  (1) No value shall be given such lands on account of the existing or prospective possibility of securing Project water for use thereon; and  (2) The value of improvements on the land at the time of said appraisal shall be included therein, but also shall be set forth separately in such appraisal.  (c) The excess land of any large landowner shall be reappraised in the manner provided in subdivision (a) hereof at the instance of the United States or at the request of said landowner. The cost of the first two appraisals of each tract of excess land shall be paid by the United States. The cost of each appraisal thereafter shall be paid by the party requesting such appraisal.  (d) Any improvements made or placed on the appraised land after the appraisal hereinabove provided for and prior to sale of the land by a large landowner shall be appraised in like manner.  (e) Excess irrigable land sold by large landowners within the service area of any Contractor shall not carry the prerogative to receive Project water made available pursuant to this contract for such lands and the Contractor agrees to refuse to furnish such water to lands so sold until, in addition to compliance with the other provisions hereof, a verified statement showing the sale price upon any such sale shall have been filed with the Contractor and said sale price is not in excess of the appraised value fixed as provided herein.  (f) The Contractor agrees to take all reasonable steps requested by the Contracting Officer to ascertain the occurrence 
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EXISTING ARTICLE NUMBER1

EXISTING LANGUAGE NEW LANGUAGE and conditions of all sales of irrigable land of large landowners in its service area and to inform the Contracting Officer concerning the same.  (g) A true copy of this contract, of each recordable contract executed pursuant to this Article and Articles 18 and 20 hereof, and of each appraisal made pursuant thereto shall be furnished to the Contractor by the United States and shall be maintained on file in the office of said Contractor and like copies in such offices of the Bureau of Reclamation as may be designated by the Contracting Officer and shall be made available for examination during the usual office hours by all persons who may be interested therein. 

20. Excess Lands 20. (a) As used herein, the term “excess land” means that part 

of the irrigable land in excess of 160 acres held within the District in the beneficial ownership of any single person, whether a natural person, a corporation, or the beneficiary of a trust approved by the Contracting Officer. With respect to land held in co-ownership, such as tenancy in common, joint tenancy, or community property, the beneficial ownership of each co-owner shall be that fraction of the total acreage held in 

co-ownership which equals the co-owner’s fractional interest 

therein. The term “large landowner” means an owner of excess 

lands, and the term “nonexcess land” means all irrigable land within the District which is not excess land as defined herein. Lands owned by the State, its political subdivisions, and agencies shall be administered in accordance with Public Law 91-310. The provisions of this contract governing beneficial ownership of land and the disposition of excess land may be further defined and clarified consistently with this contract in any recordable contract executed pursuant hereto.  (b) Each large landowner as a further condition precedent to the prerogative to receive Project water made available pursuant to this contract for any of his excess land shall: 

20. Omitted. (Replaced by Article 1
28

EXISTING ARTICLE NUMBER1

EXISTING LANGUAGE NEW LANGUAGE  (1) Execute a valid recordable contract in form prescribed by the United States, agreeing to the provisions contained in this article and Articles 18, 19, and 22 hereof and agreeing to dispose of excess land in accordance therewith to persons who can take title thereto as nonexcess land as herein provided and at a price not to exceed the approved, appraised value of such excess land and within a period of 10 years after the date of the execution of said recordable contract and agreeing further that if said land is not so disposed of within said period of 10 years the Secretary shall have the power to dispose of said land at the appraised value thereof fixed as provided herein or such lower price as may be approved by the owner of such land, subject to the same conditions on behalf of such large landowner; and, the Contractor agrees that it will refuse to furnish said Project water to any large landowner other than for his nonexcess lands until such owner meets the conditions precedent herein stated; and  (2) Within 30 days after the date of notice from the United States requesting such large landowner to designate his irrigable lands under the Project which he desires to designate as nonexcess lands, file in the office of the Contractor, in whose service area such large landowner’s land is situated, in duplicate, one copy thereof to be furnished by the Contractor to the Bureau of Reclamation, his written designation and description of lands so selected to be nonexcess land and upon failure to do so the Contractor shall make such designation and mail a notice thereof to such large landowner, and in the event the Contractor fails to act within such period of time as the Contracting Officer considers reasonable, such designation will be made by the Contracting Officer, who will mail a notice thereof to the Contractor and the large landowner. The large landowner shall become bound by any such action on the part of the Contractor or the Contracting Officer and the Contractor will furnish said Project water only to the land so designated to be 
29

EXISTING ARTICLE NUMBER1

EXISTING LANGUAGE NEW LANGUAGE nonexcess land. A large landowner may with the consent of the Contracting Officer designate land other than that previously designated as nonexcess land: Provided, That an equal acreage 

of the land, previously designated as nonexcess shall, upon such new designation, became excess land thereafter subject to the provisions of this article and of Articles 18, 9 and 22 of this contract and shall be described in an amendment of such recordable contract as may have been executed by the large landowner in the same manner as if such land had been excess land at the time of the original designation. 

21. Repeal Or Amendment Of Federal Reclamation Laws 

21. In the event that the Congress of the United States repeals the so-called excess-land provisions of the Federal reclamation 

laws, or it is decided by the Supreme Court of the United. States that they are inapplicable to delivery of water to any of the lands shown on Exhibit B or to lands in similar circumstances, Articles 18, 19, 20, and 22 of this contract will no longer be of any force or effect, or, in the event that the Congress amends the excess-land provisions or other provisions of the Federal Reclamation laws, or if the United States Supreme Court decision is inconsistent with said articles, Reclamation agrees at the option of the District to negotiate amendments of appropriate articles of this contract, all consistently with the provisions of such amendment or United States Supreme Court 

decision. 

21. Omitted. (Replaced by Article 1

22. Mingling Of The Contractor’s Project And Non-Project Water 

22. (a) Project water must of necessity be transported by the Contractor to its water users by means of the same works and channels used for the transport of its non-Project water. Notwithstanding such mingling of water, the provisions of Articles 18, 19, and 20 hereof shall be applicable only to Project water, and such mingling of water shall not in any manner subject to the provisions of Articles 18, 19, and 20 hereof the Contractor’s non-Project water.  (b) If required in accordance with subdivision (c) of this 

17. (a) Project Water must of necessContractor to its water users by meanchannels used for the transport of its 

Notwithstanding such mingling of wa11 hereof shall be applicable only to mingling of water shall not in any maof Article 11 hereof the Contractor’s  (b) If required in accordance with sthe Contractor shall install and maint
30

EXISTING ARTICLE NUMBER1

EXISTING LANGUAGE NEW LANGUAGE article, the Contractor shall install and maintain such measuring equipment and distribution facilities and maintain such records as may be necessary to determine the amounts of water delivered to excess lands served by the Contractor. Within any month the Contractor shall not deliver to lands, which remain subject to the excess-land provisions herein contained and which are not covered by recordable contract, water in excess of his non-Project water. The Contracting Officer or his authorized representative shall have the right at all reasonable times to inspect such records and measuring equipment.  (c) The Contractor will not be considered in violation of the requirement that Project water be delivered only to eligible land during any month of the irrigation season that the water requirement for beneficial use on eligible land for that month is equal to or in excess of the Project water for that month as shown on Exhibit A or any revision thereof pursuant to subdivisions (b) or (c) of Article 3. The water requirement for beneficial use on eligible land will be determined by multiplying:  (1) the number of irrigable acres of the particular types of crops grown in that year on the acreage designated as eligible; by  (2) the Unit Duties as set forth in Exhibit C attached hereto and made a part hereof, or by such other Unit Duties mutually agreed upon by the Contractor and the Contracting Officer. In order to take the computation of the water requirement for eligible land, on April 1 of each year and concurrently with its order for water for the irrigation season the Contractor shall designate the acreage of and type of crops to be grown on its eligible land that irrigation season. During any month the water requirement as above determined for crops growing on eligible land during such month is equal to or in excess of the Project water for that month as provided herein the Contractor shall not 

equipment and distribution facilities amay be necessary to determine the amExcess Lands served by the Contractwithin any month deliver to Ineligiblnon-Project Water for that month. Th

authorized representative shall have ttimes to inspect such records and mea (c) The Contractor will not be consrequirement that Project Water be delduring any month of the irrigation serequirement for beneficial use on Eligequal to or in excess of the Project Won Exhibit A or any revision thereof pArticle 3. The water requirement for Lands will be determined by multiply (1) the number of irrigable acres ogrown in that year on the acreage des

 (2) the Unit Duties as set forth in Emade a part hereof, or by such other Uupon by the Contractor and the Contrmake the computation of the water reon April 1 of each Year and concurrefor the irrigation season the Contractoof and type of crops to be grown on iirrigation season. During any month above determined for crops growing such month is equal to or in excess of month as provided herein the Contracmeasure the water delivered to Exceswater requirement is less than the amprovided herein, the Contractor will bdelivered to excess land in accordanc
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EXISTING LANGUAGE NEW LANGUAGE be required to measure the water delivered to excess land. Any month the said water requirement is less than the amount of Project water as provided herein, the Contractor will be required to measure water delivered to excess land in accordance with subdivision (b) hereof. 

23. Books, Records, And Reports 

23. The Contractor shall establish and maintain accounts and other books and records pertaining to its financial transactions, land use and crop census, water use, and to such other matters as the Contracting Officer may require. Reports thereon shall be furnished to the Contracting Officer in such form and on such date or dates as he may require. Subject to applicable Federal laws and regulations, each party shall have the right during office hours to examine and make copies of each other’s books and official records relating to matters covered by this contract. 

(Standard Ar

18. The Contractor shall establish another books and records pertaining to and conditions of this Contract, inclufinancial transactions, water supply dright-of-way agreements; the water uland ownership, land-leasing and watthat the Contracting Officer may requfurnished to the Contracting Officer ior dates as the Contracting Officer mapplicable Federal laws and regulatioContract shall have the right during omake copies of each other’s books anmatters covered by this Contract. 

24. Change Of Place Of Use Or Organization 

24. (a) Unless the written consent of the United States is first obtained no change shall be made in the place of water use shown on Exhibit B.  (b) While this contract is in effect, no change shall be made in the area of the Contractor as shown on its Exhibit B, by inclusion or exclusion of lands, by dissolution, consolidation, or merger or otherwise, except upon the Contracting Officer’s written assent thereto.  (c) In the event lands are annexed to or excluded from the area of the Contractor, as provided herein, the quantity of Project water to be diverted may be increased or decreased pursuant to a supplemental agreement to be executed in respect thereto. 

19. (a) Unless the written consent of obtained no change shall be made in on Exhibit B.  (b) While this contract is in effect, the area of the Contractor as shown oor exclusion of lands, by dissolution, otherwise, except upon the Contractinthereto.  (c) In the event lands are excluded Contractor, as provided herein, the qudiverted may be decreased pursuant tto be executed in respect thereto. 

25. Consolidation Of Contracting Entities 

25. Consolidation of Contractors may be approved by the Contracting Officer provided: 

20. Consolidation of Contractors maContracting Officer provided: (i) the 
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EXISTING LANGUAGE NEW LANGUAGE  (a) He approves the form and organization of the resulting entity and the utilization by it of the total supply;  (b) The obligations of the Contractor are assumed by such entity. No such consolidation shall be valid unless and until approved by the Contracting Officer. 

the form and organization of the resuby it of the Contract Total; and (ii) thContractor are assumed by such entitNo such consolidation shall be valid the Contracting Officer. 

26. Notices 26. Any notice, demand, or request authorized or required by 

this contract shall be deemed to have been given when mailed, postage prepaid, or delivered to the Regional Director, Region 2, Bureau of Reclamation, 2800 Cottage Way, Sacramento, California, 95825, on behalf of the United States and to the Board of Directors, of the Contractor, ____________________________, on behalf of the Contractor. The designation of the addressee or the address given above may be changed by notice given in the same manner as provided in this article for other notices. 

(Standard Ar

21. Any notice, demand, or request aContract shall be deemed to have beeContractor, when mailed, postage preManager, Northern California Area OReclamation, 16349 Shasta Dam Blv96019, and on behalf of the United Sprepaid, or delivered to the Board of ________________________. The dor the address may be changed by noas provided in this Article for other n

27. Assignment Limited - Successors And Assigns Obligated 

27. The provisions of this Contract shall apply to and bind the successors and assigns of the parties hereto, but no assignment or transfer of this Contract or any right or interest therein shall be valid until approved in writing by the Contracting Officer. 

(Standard Ar

22. (a) The provisions of this Contrasuccessors and assigns of the parties transfer of this Contract or any right ovalid until approved in writing by the  (b) The assignment of any right or ieither party shall not interfere with thother party to this Contract absent the other party.  (c) The Contracting Officer shall nowithhold his approval of any propose

28. Officials Not To Benefit 

28. (a) No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise herefrom. This restriction shall not be construed to extend to this contract if made with a corporation or company for its general benefit.  (b) No official of the Contractor shall receive any benefit that 

(Standard A

23. (a) No Member of or Delegate 

Commissioner, or official of the ConContract other than as a water user or manner as other water users or landow (b) No officer or member of the gov
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EXISTING LANGUAGE NEW LANGUAGE may arise by reason of this contract other than as a landowner within the Project and in the same manner as other landowners within the Project. 

Contractor shall receive any benefit t

this contract other than as a landowne

service area and in the same manner the said service area. 

29. Contingent Upon Appropriation Or Allotment Of Funds 

29. The expenditure of any money or the performance of any work by the United States hereunder which may require appropriation of money by the Congress or the allotment of funds shall be contingent upon such appropriation or allotment being made. The failure of the Congress so to appropriate funds or the absence of any allotment of funds shall not relieve the Contractor from any obligations under this contract. No liability shall accrue to the United States in case such funds are not appropriated or allotted. 

(Standard Ar

24. The expenditure or advance of anof any obligation of the United States contingent upon appropriation or alloappropriation or allotment of funds shfrom any obligations under this Contrto the United States in case funds are 

30. Confirmation Of 

Contract

30. The execution and of this contract shall be authorized or ratified by the qualified electors of the Contractor at an election held for that purpose. The Contractor, after the election and upon the execution of this Contract, shall promptly secure a final decree of the proper court of the State of California approving and confirming the contract and decreeing and adjudging it to be lawful, valid, and binding on the Contractor. The Contractor shall furnish to the United States a certified copy 

of such decree and of all pertinent supporting records. 

(Standard Ar

25. The Contractor, after the executipromptly seek to secure a decree of a jurisdiction of the State of Californiathe execution of this contract. The CUnited States a certified copy of the fproceedings, and all pertinent supporapproving and confirming this Contraadjudging it to be lawful, valid, and bThis Contract shall not be binding on final decree has been secured. 

26. Unavoidable Groundwater Percolation 

Article 18(b): If Project water diverted by the Contractor pursuant to this contract reaches the underground strata of excess land owned by a large landowner, as defined in Article 20, who has not executed a recordable contract and the large 

landowner pumps such Project water from the underground, the Contractor will not be deemed to have furnished such water to said lands within the meaning of this contract if such water reached the underground strata of the aforesaid excess land as an unavoidable result of the furnishing of Project water by the 

26. To the extent applicable, the Conto have delivered Project Water to ExLands if such lands are irrigated with underground strata as an unavoidable Project Water by the Contractor to El
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EXISTING LANGUAGE NEW LANGUAGE Contractor to nonexcess lands, or to excess lands with respect to which a recordable contract has been executed. 

27. Privacy Act Compliance 

New (Standard Ar

27. (a) The Contractor shall comply (5 U.S.C. 552a) (the Act) and the Depand regulations under the Act (43 CFLandholder acreage certification and be submitted to the Contractor for coand 228 of the Reclamation Reform Aand pursuant to 43 CFR 426.18.  (b) With respect to the application acriminal penalty provisions of the AcContractor and the Contractor's emplmaintaining the certification and repo(a) above are considered to be emploInterior. See 5 U.S.C. 552a(m).  (c) The Contracting Officer or a deprovide the Contractor with current cDepartment Privacy Act regulations aReclamation Federal Register Privacy Notice (Acreage Limitation--Interiorgovern the maintenance, safeguardinginformation contained in the Landholreporting records.  (d) The Contracting Officer shall deof the Bureau of Reclamation to be thbe responsible for making decisions oCFR 2.61 and 2.64 amendment requeThe Contractor is authorized to grant access to their own records.  (e) The Contractor shall forward prManager each proposed denial of acceach request for amendment of record
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notify the requester accordingly of suSystem Manager with information anprepare an appropriate response to threquirements do not apply to individuown certification and reporting forms pursuant to 43 CFR 426.18, unless thPrivacy Act as a basis for the request

28. Water Conservation New 28. (a) Prior to the diversion of Proj

shall be implementing an effective wefficiency program based on the Conplan that has been determined by the the conservation and efficiency criterconservation plans established under conservation and efficiency program conservation objectives, appropriate econservation measures, and time sche

objectives. Continued diversion of PContract shall be contingent upon the implementation of such water conserthe Contractor's water conservation pconservation plan completed pursuan28 of this Contract have not yet been Contracting Officer to meet such critwhich the Contracting Officer determof the Contractor, Project Water delivthis Contract so long as the ContractoContracting Officer to obtain such depracticable date, and thereafter the Coimplementing its water conservation accordance with the time schedules th (b) The Contractor shall submit to treport on the status of its implementaconservation plan on the reporting da
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existing conservation and efficiency cFederal law.  (c) At five (5)-year intervals, the Coconservation plan to reflect the then cefficiency criteria for evaluating wateestablished under Federal law and submanagement plan to the Contracting evaluation. The Contracting Officer water conservation plan meets Reclamconservation and efficiency criteria foconservation plans established under  (e) If the Contractor is engaged in d

such activity shall be described in the conservation plan. 
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29. Opinions And Determinations 

New 29. (a) Where the terms of this Cont

based upon the opinion or determinatContract, said terms shall not be consaction to be predicated upon arbitraryopinions or determinations. Both parother provisions of this Contract, expseek relief from and appropriate adjucapricious, or unreasonable opinion oopinion or determination by either patimely manner. Nothing in subdivisiContract is intended to or shall affect judicial review applicable under fede

determination implementing a specifiembodied in statute or regulation.  (b) The Contracting Officer shall hdeterminations necessary to administconsistent with the provisions of this United States and of the State of Caliregulations promulgated by the Secredeterminations shall be made in consto the extent reasonably practicable. 

30. Contractor To Pay Certain Miscellaneous Costs 

New 30. (a) In addition to all other paym

Contractor pursuant to this Contract, the United States, within sixty (60) ddetailed statement submitted by the CContractor for such specific items of United States for work requested by t

this Contract plus indirect costs in acBureau of Reclamation policies and preferred to in this Article shall not exwriting in advance by the Contractorto costs for routine contract administr (b) All advances for miscellaneous 
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requested by the Contractor pursuant shall be adjusted to reflect the actual completed. If the advances exceed thdifference will be refunded to the Coexceed the Contractor's advances, the the additional costs pursuant to Artic

31. Waiver Of Default New 31. The waiver by either party to this 

shall not be construed as a waiver of authority of the other party to continudo, or perform, or not to make, do, or any act or thing which would constitu