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County of Butte State Water Supply Contract

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County of Butte State Water Supply Contract STATE OF CALIFORNIA THE RESOURCES AGENCY OF CALIFORNIA DEPARTMENT OF WATER RESOURCES WATER SUPPLY CONTRACT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES AND COUNTY OF BUTTE Disclaimer: This document integrates County of Butte’s State Water Project water supply contract and amendments to the contract entered into since December 26, 1963. It is intended only to provide a convenient reference source, and the Department of Water Resources is unable to provide assurances that this integrated version accurately represents the original documents. For legal purposes, or when precise accuracy is required, users should direct their attention to original source documents rather than this integrated version. (Incorporates through Amendment No. 21, executed December 31, 2013) (No other amendments through 2017) EXPLANATORY NOTES This symbol encloses material not contained in < > the original or amended contract, but added to assist the reader. Materials that explain or provide detailed Exhibits information regarding a contract provision. Materials that implement provisions of the basic Attachments contract when certain conditions are met. Amendments have been incorporated into this Amendments consolidated contract and are indicated by footnote. This Water Supply Contract used the term Agency Name “Agency” in the original contract for this contractor. Some amendments may not have retained the same nomenclature. This consolidated contract uses the term “Agency” to be consistent with the original contract. It does not change the content meaning. This Water Supply Contract used the term “State” in the original contract for this contractor. Some Department Name amendments may not have retained the same nomenclature. This consolidated contract uses the term “State” throughout to be consistent with the original contract. It does not change the content meaning. ii CONTENTS EXPLANATORY NOTES ............................................................................................................. ii 1. DEFINITIONS .................................................................................................................................. 2 (a) Bond Act ....................................................................................................................... 2 (b) System .......................................................................................................................... 2 (c) Delta.............................................................................................................................. 2 (d) Contractor ..................................................................................................................... 2 (e) Project Facilities ........................................................................................................... 2 (f) Project Conservation Facilities ..................................................................................... 2 (g) Initial Project Conservation Facilities .......................................................................... 2 (h) Additional Project Conservation Facilities ................................................................... 3 (i) Project Transportation Facilities ................................................................................... 5 (j) Project Water ................................................................................................................ 5 (k) Minimum Project Yield ................................................................................................ 5 (l) Annual Table A Amount .............................................................................................. 6 (m) Maximum Annual Table A Amount ............................................................................. 6 (n) Supplemental Conservation Facilities .......................................................................... 6 (o) Supplemental Water ..................................................................................................... 6 (p) Year .............................................................................................................................. 6 (q) Year of Initial Water Delivery ...................................................................................... 7 (r) Project Interest Rate ...................................................................................................... 7 (s) Capital Costs ................................................................................................................. 8 (t) Project Repayment Period ............................................................................................ 8 (u) Municipal Use............................................................................................................... 8 (v) Manufacturing Use ....................................................................................................... 8 (w) Agricultural Use ........................................................................................................... 8 (x) Subject to Approval by the State .................................................................................. 8 (y) Area of Origin Statutes ................................................................................................. 8 (z) <Reserved for Future Use> .......................................................................................... 9 (aa) <Reserved for Future Use> .......................................................................................... 9 (bb) <Reserved for Future Use> .......................................................................................... 9 (cc) Water System Revenue Bonds ..................................................................................... 9 (dd) <Reserved for Future Use> .......................................................................................... 9 iii (ee) <Reserved for Future Use> .......................................................................................... 9 (ff) <Reserved for Future Use> .......................................................................................... 9 (gg) East Branch Enlargement Facilities .............................................................................. 9 (hh) Water System Facilities .............................................................................................. 10 (ii) Carry-over Entitlement Water .................................................................................... 10 (jj) Interruptible Water ..................................................................................................... 11 (kk) Nonproject Water ....................................................................................................... 11 (ll) Monterey Amendments .............................................................................................. 11 2. TERM OF CONTRACT ................................................................................................................. 11 3. VALIDATION ................................................................................................................................ 11 4. OPTION FOR CONTINUED SERVICE ....................................................................................... 12 5. PLEDGE OF REVENUES ............................................................................................................. 12 B. WATER SERVICE PROVISIONS ......................................................................................... 12 6. ANNUAL ENTITLEMENTS ......................................................................................................... 12 (a) Year of Initial Water Delivery .................................................................................... 12 (b) Agency’s Annual Table A Amounts .......................................................................... 12 (c) Obligation of State to Complete Facilities ................................................................. 13 7. CHANGES IN ANNUAL ENTITLEMENTS; MAXIMUM ANNUAL ENTITLEMENT ........... 13 (a) Changes in Annual Entitlements ................................................................................ 13 (b) Maximum Annual Entitlement of Agency ................................................................. 13 (c) Increases in Annual Entitlements ............................................................................... 13 8. OPTION TO INCREASE MAXIMUM ANNUAL ENTITLEMENT ........................................... 13 9. DELIVERY POINTS ...................................................................................................................... 14 10. DELIVERY STRUCTURES .......................................................................................................... 14 (a) Determination of Size and Location of Delivery Structures ...................................... 14 (b) Agency Requests as to Initial Delivery Structures ..................................................... 14 (c) Requests by Agency for Additional Delivery Structures ........................................... 15 (d) Agency to Advance Funds for Delivery Structures .................................................... 15 11. MEASUREMENT OF WATER DELIVERED.............................................................................. 15 (a) Measurement by State ...............................................................................................
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