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R.O. Draft 11/21-2006 

Amendment to Contract 

No. 14-06-200-3844A-LTR1-2 

UNITED STATES 

DEPARTMENT OF THE INTERIOR 

BUREAU OF RECLAMATION 

Central Valley Project, California 

AMENDMENT TO LONG-TERM RENEWAL CONTRACT BETWEEN 

THE UNITED STATES 

AND 

CHOWCHILLA WATER DISTRICT 

PROVIDING FOR PROJECT WATER SERVICE FROM BUCHANAN UNIT 

THIS CONTRACT AMENDMENT, is made this __________ day of 

__________________, 20______, in pursuance generally of the Act of Congress of June 17, 

1902 (32 Stat. 388), and the acts amendatory thereof or supplementary thereto, including, but not 

limited to, the Acts of August 26, 1937 (50 Stat. 844), as amended and supplemented, August 4, 

1939 (53 Stat. 1187), as amended and supplemented, July 2, 1956 (70 Stat. 483), June 21, 1963 

(77 Stat. 68), October 12, 1982 (96 Stat. 1263), October 27, 1986 (100 Stat. 3050), as amended, 

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

referred to as Federal Reclamation law, between THE UNITED STATES OF AMERICA, 

hereinafter referred to as the United States, and CHOWCHILLA WATER DISTRICT, hereinafter 

referred to as the Contractor, a public agency of the State of California, duly organized, existing, 

and acting pursuant to the laws thereof; 

 WITNESSETH, That: 
 

 

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EXPLANATORY RECITALS

 [1st ] WHEREAS, the United States and the Contractor entered into a contract 

dated February 14, 2001, designated Contract No. 14-06-200-3844aA-LTR1-2, as revised by 

letter of agreement dated December 20, 2001, providing for water service from the Central 

Valley Project, hereinafter referred to as the “Existing Contract;” and 

 [2nd] WHEREAS, pursuant to subdivision (b) of Article 14 of the Existing 

Contract, the terms of the Existing Contract are subject to modification to comply with any 

settlement entered into by the Contractor in NRDC v. Patterson, No. CIVS 88-1658-LKK-EM 

(now styled Natural Resources Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 

LKK/GGH); and 

 [3th] WHEREAS, the parties to said litigation have reached agreement on a 

global resolution of all Claims for Relief in the Seventh Amended Complaint, on the terms and 

conditions stated in the Stipulation of Settlement dated September 13, 2006, designated Exhibit 1 

in the Order Approving Stipulation dated October 23, 2006; and 

[4th] WHEREAS, the parties hereto desire to amend the Existing Contract as 

required by said Stipulation of Settlement. 

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

herein contained, it is hereby agreed as follows: 

1. Subdivision (a) of Article 3 of the Existing Contract is deleted in its entirety, and 

the following is substituted in lieu thereof: 

“(a) During each Year, consistent with all applicable State water rights, permits, and 

licenses, Federal law, and the Stipulation of Settlement dated September 13, 2006, the 

Order Approving Stipulation of Settlement, and the Judgment and further orders 

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issued by the Court pursuant to terms and conditions of the Settlement in Natural 

Resources Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 LKK/GGH, 

and subject to the provisions set forth in Articles 11 and 12 of this Contract, the 

Contracting Officer shall make available for delivery to the Contractor the entire 

quantity of Project Water from Buchanan Unit for irrigation purposes. The quantity of 

Water Delivered to the Contractor in accordance with this subdivision shall be paid for 

pursuant to the provisions of Articles 4 and 7 of this Contract.” 

2. Subdivision (a) of Article 11 of the Existing Contract is deleted in its entirety, and 

the following is substituted in lieu thereof: 

“(a) Subject to: (i) the authorized purposes and priorities of the Project and the 

requirements of Federal law, and the Stipulation of Settlement dated September 13, 

2006, the Order Approving Stipulation of Settlement, the Judgment and further 

orders issued by the Court pursuant to terms and conditions of the Settlement in 

Natural Resources Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 

LKK/GGH and (ii) the obligations of the United States under existing contracts, or 

renewals thereof, providing for water deliveries from the Project, the Contracting 

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

Contractor as provided in this Contract.” 

3. Subdivision (b) of Article 12 of the Existing Contract is deleted in its entirety, and 

the following is substituted in lieu thereof: 

“(b) If there is a reduction in total water supply because of errors in physical 

operations of the Project, drought, other physical causes beyond the control of the 

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Contracting Officer or actions taken by the Contracting Officer to meet legal 

obligations, including but not limited to obligations pursuant to the Stipulation of 

Settlement dated September 13, 2006, the Order Approving Stipulation of Settlement, 

the Judgment and further orders issued by the Court pursuant to terms and conditions 

of the Settlement in Natural Resources Defense Council, et al. v. Rodgers, et al., 

No. CIV-S-88-1658 LKK/GGH then, except as provided in subdivision (a) of 

Article 18 of this Contract, no liability shall accrue against the United States or any of 

its officers, agents, or employees for any damage, direct or indirect, arising 

therefrom.” 

4. Subdivision (b) of Article 14 of the Existing Contract is deleted in its entirety, and 

the following is substituted in lieu thereof: 

“(b) The terms of this Contract are subject to the Stipulation of Settlement dated 

September 13, 2006, the Order Approving Stipulation of Settlement, the Judgment and 

further orders issued by the Court pursuant to terms and conditions of the Settlement 

in Natural Resources Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 

LKK/GGH. Nothing in this Contract shall be interpreted to limit or interfere with the 

full implementation of this Settlement, Order, the Judgment and further orders issued 

by the Court pursuant to terms and conditions of the Settlement.” 

5. In accordance with the Stipulation of Settlement, this Amendment does not impose 

any obligation for Restoration Flows as that term is used in the Stipulation of Settlement referred 

to above on the Buchanan Unit. 

6. Except as specifically amended herein, the Existing Contract is valid and shall 

continue in full force and effect as originally written and executed. 

4 
 IN WITNESS WHEREOF, the parties hereto have executed this Contract 

Amendment as of the day and year first above written. 

 

THE UNITED STATES OF AMERICA 

By: ______________________________________ 

Regional Director, Mid-Pacific Region 

Bureau of Reclamation 

 CHOWCHILLA WATER DISTRICT 

(SEAL) 

By: ______________________________________ 

President, Board of Directors 

Attest: 

________________________________ 

Secretary 

(Final Draft Buchanan Unit Settlement Amendment 11-21-06.doc) 

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