1 Irrigation and M&I

2 R.O. 10/31-2001

3 Rev. R.O. 11/01-2001

4 Rev. R.O. 11/12-2002

5 Contract No.

6 14-06-200-8237A-IR7

7 UNITED STATES

8 DEPARTMENT OF THE INTERIOR

9 BUREAU OF RECLAMATION

10 Central Valley Project, California

11 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES,

12 THE DEPARTMENT OF WATER RESOURCES OF THE STATE OF CALIFORNIA,

13 AND

14 LOWER TULE RIVER IRRIGATION DISTRICT

15 PROVIDING FOR PROJECT WATER SERVICE

THIS CONTRACT, made 24th 16 day of April , 2003, in

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

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

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

20 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), as amended and

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

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

23 to as the United States, THE DEPARTMENT OF WATER RESOURCES OF THE STATE OF

24 CALIFORNIA, hereinafter referred to as DWR, and LOWER TULE RIVER IRRIGATION

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

26 organized, existing, and acting pursuant to the laws thereof, with its principal place of business in

27 Porterville, California;
2

28 WITNESSETH, That:

29 EXPLANATORY RECITALS

30 WHEREAS, the United States, DWR, and the Contractor entered into an interim

31 renewal contract identified as Contract No. 14-06-200-8237A-IR6, hereinafter referred to as the

32 Existing Interim Renewal Contract, which provided for the continued water service to the

33 Contractor from March 1, 2002, through February 28, 2003; and

34 WHEREAS, the United States, DWR, and the Contractor believe that further

35 negotiations on the long-term renewal contract would be beneficial and mutually commit to

36 continue to negotiate to seek to reach agreement, and the Contractor has requested a subsequent

37 interim renewal contract pursuant to Article 2 (b)(1) of Interim Renewal Contract 

38 No. 14-06-200-8237A-IR5; and 

39 WHEREAS, the United States has determined that the Contractor has to date

40 fulfilled all of its obligations under the Existing Interim Renewal Contract; and

41 WHEREAS, the United States is willing to renew the Existing Interim Renewal

42 Contract pursuant to the terms and conditions set forth below;

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

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

45 INCORPORATION AND REVISION OF EXISTING INTERIM RENEWAL CONTRACT

46 1. The terms and conditions of the Existing Interim Renewal Contract are hereby

47 incorporated by reference into this Contract with the same force and effect as if they were

48 included in full text with the exception of Article1 thereof, which is revised as follows:

49 (a) The first sentence in Subdivision (a) of Article 1 of the Existing Interim

50 Renewal Contract is modified as follows: “This interim renewal contract shall be effective from

51 March 1, 2003, and shall remain in effect through February 29, 2004, and thereafter will be
3

52 renewed as described in Article 2(a) of Interim Renewal Contract No. 14-06-200-8237A-IR5 if a

53 long-term renewal contract has not been executed with an effective commencement date of

54 March 1, 2004.”

55 (b) Subdivision (b) of Article 1 of the Existing Interim Renewal Contract is

56 amended by deleting the date “February 15, 2003,” and replacing same with the date 

57 “February 15, 2004.”

58 (c) Subdivision (c) of Article 1 of the Existing Interim Renewal Contract is

59 amended by deleting the dates “February 1, 2003,” “February 15, 2003,” and “February 28,

60 2003,” and replacing same with the dates “February 1, 2004,” “February 15, 2004,” and

61 “February 29, 2004,” respectively.
4

62 IN WITNESS WHEREOF, the parties hereto have executed this interim renewal

63 contract as of the day and year first above written.

64 THE UNITED STATES OF AMERICA

65 By: /s/ Susan L. Ramos 

66 For Regional Director, Mid-Pacific Region

67 Bureau of Reclamation

68 Approved as to Legal Form and THE DEPARTMENT OF WATER RESOURCES

69 Sufficiency: OF THE STATE OF CALIFORNIA

70 /s/ Peggy Bernardy By: /s/ Thomas M. Hannigan 

71 Chief, Counsel, Director

72 Department of Water Resources Department of Water Resources

73 (SEAL) LOWER TULE RIVER IRRIGATION DISTRICT

74

75

76 By: /s/ Benjamin Serafin 

77 President of the Board of Directors

78 Attest:

79 /s/ Daniel G. Vink 

80 Secretary