1 Irrigation and/or M&I 

2 Contract No. 14-06-200-4305A-IR12-B 

3 UNITED STATES 

4 DEPARTMENT OF THE INTERIOR 

5 BUREAU OF RECLAMATION 

6 Central Valley Project, California 

7 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES

8 AND

9 CITY OF TRACY

10 PROVIDING FOR PROJECT WATER SERVICE

11 THIS CONTRACT, made this _____ day of ___________________, 2010, 

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

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

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

15 July 2, 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), 

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

17 hereinafter referred to as Federal Reclamation law, between the UNITED STATES OF 

18 AMERICA, hereinafter referred to as the United States, and the CITY OF TRACY, hereinafter 

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

20 and acting pursuant to the laws thereof; 

21 WITNESSETH, That: 

22 EXPLANATORY RECITALS

23 WHEREAS, the United States and the Banta-Carbona Irrigation District (District) 

24 entered into an interim renewal contract identified as Contract No. 14-06-200-4305A-IR5, 

25 hereinafter referred to as the Interim Renewal Contract, which provided for the continued water 

26 service to the District following expiration of Contract No. 14-06-200-4305A; and 
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27 WHEREAS, the United States and the District have entered into successive 

28 renewals of the Interim Renewal Contract, the most recent of which is Contract 

29 No. 14-06-200-4305-IR11-B, hereinafter referred to as the Existing Interim Renewal Contract, 

30 from March 1, 2008, through February 28, 2010; and 

31 WHEREAS, on February 27, 2004, the Contractor and the District entered into an 

32 assignment agreement that assigned 5,000 acre-feet of project water to the Contractor; and 

33 WHEREAS, the United States and the Contractor have made significant progress 

34 in their negotiations of a long-term renewal contract, believe that further negotiations on the 

35 long-term renewal contract would be beneficial, and mutually commit to continue to negotiate to 

36 seek to reach agreement, but anticipate that the environmental documentation necessary for 

37 execution of any long-term renewal contract will be delayed until March 2011, and may be 

38 delayed further for reasons beyond the control of the parties; and 

39 WHEREAS, the Contractor has requested a subsequent interim renewal contract 

40 pursuant to subdivision (b)(1) of Article 2 of the Interim Renewal Contract and Article 1 of the 

41 Existing Interim Renewal Contract; and 

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

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

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

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

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

47 herein contained, it is hereby mutually agreed by the parties hereto as follows: 
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48 INCORPORATION AND REVISION OF

49 EXISTING INTERIM RENEWAL CONTRACT

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

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

52 included in full text with the exception of Article 1 thereof, which is revised as follows: 

53 (a) The first sentence in subdivision (a) of Article 1 of the Existing Interim 

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

55 March 1, 2010, and shall remain in effect through February 29, 2012, and thereafter will be 

56 renewed as described in subdivision (a) of Article 2 of the Interim Renewal Contract, if a 

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

58 March 1, 2012.” 

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

60 amended by deleting the date “February 15, 2010,” and replacing same with the date 

61 “February 15, 2012.” 

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

63 amended by deleting the dates “February 1, 2010,” “February 15, 2010,” and “February 28, 

64 2010,” and replacing same with the dates “February 1, 2012,” “February 15, 2012,” and 

65 “February 29, 2012,” respectively. 
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66 IN WITNESS WHEREOF, the parties hereto have executed this contract as of the 

67 day and year first above written. 

68 UNITED STATES OF AMERICA 

69 By: ______________________________________ 

70 Regional Director, Mid-Pacific Region 

71 Bureau of Reclamation 

72 (SEAL) CITY OF TRACY 

73 By: ______________________________________ 

74 City Manager 

75 Attest: 

76 __________________________ 

77 Secretary