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Summons – Westside Water District

SUPERIOR COURT OF CALIFORNIA
COUNTY OF COLUSA
547 Market Street, Colusa, CA 95932

SUMMONS (CITACION JUDICIAL)

CASE NUMBER (NUMERO DE/ CASO): CV24478

NOTICE! You have been sued.  If you do not respond by the date below, the court may decide against you without your being heard. Read the information below.

¡AVISO! Lo han demandado.  Si no responde antes de la fecha de abajo, la corte puede decidir en su contra sin escuchar su. Lea la información a continuación.

NOTICE TO DEFENDANT:

All Persons Interested in the Matter of the Legality or the Validity of the Westside Water District’s Execution of the Contract Between the United States and the Westside Water District, Providing for Water Service and Facilities Repayment, Contract No. 14-06-200-8222-P

YOU ARE BEING SUED BY PLAINTIFF:

Westside Water District

The plaintiff is seeking a court judgment confirming the plaintiff’s action in approving and executing the Amendment to the Existing Contract Between Westside Water District and the United States, amendment to the existing contract referred to as the Contract Between the United States and the Westside Water District, Providing for Water Service and Facilities Repayment, Contract No. 14-06-200-8222-P (“Amended Contract”) and decreeing and adjudging that the Amended Contract is lawful, valid and binding on the plaintiff.

The Amended Contract converted an existing water service contract into a permanent repayment contract between the Westside Water District and U.S. Bureau of Reclamation. The Amended Contract was entered into under the Water Infrastructure Improvements for the Nation (WIIN) Act, which states that the U.S. Bureau of Reclamation “shall” convert existing contracts into repayment contracts “upon request of the contractor.”  The Amended Contract does not change the amount of CVP water that the District is entitled to receive, nor does it alter the use to which the District is permitted to apply the water to. Instead, the purpose of the Amended Contract is to (1) replace the fixed term water service contract with a permanent contract that has no expiration date, and (2) give the District a discount on the amount of capital to be repaid, in exchange for an early repayment. By completing the repayment of capital construction costs owed to the Bureau of Reclamation, the Amended Contract will also have the effect of eliminating certain restrictions imposed by the Reclamation Reform Act.

All persons interested in the matter may contest the legality or validity of the District’s execution of the Amended Contract by appearing and filing a written answer to the complaint and serving a copy on plaintiff not later than November 2, 2020.  Unless you respond, the plaintiff may apply to the court for the relief demanded in the complaint.  All persons who contest the legality or validity of the matter will not be subject to punitive action, such as wage garnishment or seizure of their real or personal property.

You may seek the advice of an attorney in any matter connected with the complaint or this summons.  Such attorney should be consulted promptly so that your pleading may be filed or entered within the time required by this summons.

THE NAME AND ADDRESS OF THE COURT IS: 
Colusa County Superior Court,
547 Market St, Colusa, CA 95932.

THE ATTORNEYS FOR PLAINTIFF ARE: 
Jennifer T. Buckman and Holly J. Jacobson,
Bartkiewicz, Kronick & Shanahan,
1011 22nd Street, Sacramento, California 95816.
(916) 446-4254.

09/30, 10/07, 10/14/2020 • WPR #2020-1199

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