SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF GLENN
STONY CREEK WATER DISTRICT,
a California Water District,
ALL PERSONS INTERESTED IN THE MATTER OF THE AMENDMENT TO THE EXISTING CONTRACT BETWEEN THE UNITED STATES AND STONY CREEK WATER DISTRICT PROVIDING FOR PROJECT WATER SERVICE AND FACILITIES REPAYMENT,
CASE NO. 20CV02425
NOTICE! YOU ARE BEING SUED. THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEING HEARD UNLESS YOU RESPOND WITHIN THE TIME LISTED IN THIS SUMMONS. READ INFORMATION BELOW.
(AVISO! HAY UNA DEMANDA EN SU CONTRA. EL TRIBUNAL PUEDE TOMAR UNA DECISION EN SU CONTRA SIN AUDIENCIA, A MENOS QUE RESPONDA DENTRO DEL PERIODO QUE SE INDICA EN ESTA CITACION JUDICIAL DE COMPARECENCIA. LEA LA INFORMACION QUE SIGUE.)
ALL PERSONS INTERESTED IN THE MATTER OF (AVISO PARA TODAS PERSONAS INTERESADOS EN EL ASUNTO DE): THE AMENDMENT TO THE EXISTING CONTRACT BETWEEN THE UNITED STATES AND STONY CREEK WATER DISTRICT PROVIDING FOR PROJECT WATER SERVICE AND FACILITIES REPAYMENT:
You may contest the legality or validity of the matter by appearing and filing a written answer to the complaint not later than December 2, 2020. Unless you respond timely, a default will be entered upon application by the Plaintiff, and the Plaintiff may apply to the Court for the relief demanded in the complaint. 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.
DETAILED SUMMARY OF THE MATTER THAT PLAINTIFF SEEKS TO VALIDATE:
The United States constructed and operates the California Central Valley Project (“CVP” or “Project”) for diversion, storage, carriage, distribution, of water; flood control; irrigation, municipal, domestic, and industrial uses; fish and wildlife mitigation, protection and restoration; generation and distribution of electric energy; salinity control; navigation; and other beneficial uses of waters of the Sacramento River, the American River, the Trinity River, and the San Joaquin River and their tributaries.
On or about June 26, 1964, the United States and the Orland Water Users’ Association entered into exchange Contract No. 14-06-200-1020A, whereby the United States made water stored in Black Butte Reservoir (“Project Water”) available to the District from the East Park Reservoir of the federal Orland Project. The rights to Project Water from the Orland Project were acquired by the United States pursuant to California law for operation of the CVP.
The District and the United States entered into Contract Number 2-07-20-W0261 for the United States that established terms for the delivery to the District of Project Water from Stony Creek and East Park Reservoir from April 19, 1982 through December 31, 2020.
In 2005, the District and the United States entered into the Long-Term Renewal Contract Number 2-07-20-W0261-LTR1 (“Existing Contract”), which establishes the terms and conditions for the delivery to the District of Project Water from Stony Creek and East Park Reservoir. The District obtained a judgment in validation following the execution of the Existing Contract.
On or about December 16, 2016, the 114th Congress of the United States of America enacted the Water Infrastructure Improvement for the Nation Act (Pub. L. 114-322, 130 Stat. 1628) (“WIIN Act”). Section 4011(a)(1) of the WIIN Act provides that: “upon request of the contractor, the Secretary of the Interior shall convert any water service contract in effect on the date of enactment of this subtitle and between the United States and a [Contractor] to allow for prepayment of the repayment contract pursuant to paragraph (2) under mutually agreeable terms and conditions.”
In 2019, the District requested that the United States Secretary of the Interior convert, pursuant to the WIIN Act, the District’s Existing Contract to a repayment contract under section 9(d) of the federal Act of August 4, 1939 (53 Stat. 1195).
On August 14, 2020, at a duly noticed and special meeting of the District’s Board of Directors (the “Board”), the Board adopted Resolution No. 20-01 (the “Resolution”). The Resolution approves and authorizes the execution of the Amendment to the Existing Contract Between the United States and STONY CREEK WATER DISTRICT Providing for Project Water Service and Facilities Repayment, Contract Number 2-07-20-W0261-P to reflect the repayment provisions required by the WIIN Act (the “Amendment”). Prior to this meeting and in accord with the provisions of the Ralph M. Brown Act, Government Code section 54950, et seq., the District timely posted and distributed a written agenda for this meeting describing the Board of Directors’ intent to consider the adoption of the Resolution, and providing interested parties with the opportunity to review and comment upon the Resolution and the Amendment.
On August 14, 2020, the District executed the Amendment. The United States executed the Amendment on or about September 15, 2020.
The District now seeks to validate the execution of the Amendment and the proceedings of the District to approve and authorize the execution of the Amendment pursuant to the Resolution.
Copies of the Amendment and the Resolution may be obtained upon request by telephoning the District at (530) 774-7937. Copies of the Amendment and the Resolution may also be viewed on the website for the Tehama-Colusa Canal Authority (“TCCA”) at www.tccanal.com. The District will post the Summons at the place of the District’s regular meetings, located at 584 Country Road 303, Elk Creek, California 95939, in the same manner that the Districts posts and distributes agendas for meetings pursuant to provisions of the Ralph M. Brown Act, Government Code section 54950, et seq.
The name and address of the court is: (El nombre y dirección de la corte es)
Glenn County Superior Court
821 E. South Street
Orland, CA 95963
The name, address and telephone number of Plaintiffs attorney is: (El nombre, la dirección y el número de teléfono del abogado del demandante es)
Rebecca R.A. Smith
Downey Brand, LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
/s/ Jeremy Benjamin, Superior Court Clerk
Dated: October 7, 2020
Clerk, by Sharif Elmallah, Deputy
10/14, 10/21, 10/28/2020 – WPR #2020-1243