SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF COLUSA
Case No. CV24475 – Filed Oct. 20, 2020
COLUSA COUNTY WATER DISTRICT
ALL PERSONS INTERESTED IN THE MATTER OF THE AMENDMENTS TO THE EXISTING CONTRACTS BETWEEN THE UNITED STATES AND COLUSA COUNTY WATER DISTRICT PROVIDING FOR PROJECT WATER SERVICE AND FACILITIES REPAYMENT,
ALL PERSONS INTERESTED IN THE MATTER OF (AVISO PARA TODAS PERSONAS INTERESADOS EN EL ASUNTO DE): THE AMENDMENTS TO THE EXISTING CONTRACTS BETWEEN THE UNITED STATES AND COLUSA COUNTY 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 9, 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.
In 1962, Colusa County Water District (the “District”) entered into a contract for water service with the United States, Contract No. 14-06-200-304-A, which provided for the delivery to the District of water diverted through and stored within CVP facilities (“Project Water”).
In 2005, the District and the United States entered into the Long-Term Renewal Contract Number 14-06-200-304-A-LTR1, which establishes the terms and conditions for the continued delivery of Project Water to the District. The District obtained a judgment in validation following the execution of Contract Number 14-06-200-304-A-LTR1.
On or about March 1, 2005, the County of Colusa (the “County”) and the United States entered into Contract Number 14-06-200-8310A (“Master Contract”), which provided for the delivery to the County of water diverted through CVP facilities. The Master Contract further allowed the County to enter subcontracts with member units for the resale and distribution of water furnished pursuant to the Master Contract.
Pursuant to the Master Contract, the County and the District, with the consent of the United States, entered into the Subcontract Between the County of Colusa and the Colusa County Water District Providing for Resale of Water Under Contract Between the United States of America and the County of Colusa, Contract No. 1-07-20-W0220-R-1, for the resale and distribution of Project Water by the District under the County’s Master Contract, which establishes the terms and conditions for the delivery of Project Water to the District. The District obtained a judgment in validation following the execution of Contract No. 1-07-20-W0220-R-1. Contract No. 14-06-200-304-A-LTR1 and Contract No. 1-07-20-W0220-R-1 are collectively referred to hereinafter as the “Existing Contracts.”
The County, the District, and the United States subsequently assigned the County’s right, title, and interest in the subcontracted portion of the County’s Project Water allocation under the Master Contract directly to the District (“Assignment Agreement”), reserving 5% of that supply for recall by the County.
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 2018, the District requested that the United States Secretary of the Interior convert, pursuant to the WIIN Act, the District’s Existing Contracts to repayment contracts under section 9(d) of the federal Act of August 4, 1939 (53 Stat. 1195).
On July 8, 2020, at a duly noticed and regular meeting of the District’s Board of Directors (the “Board”), the Board adopted Resolution No. 2020-02 (the “Resolution”). The Resolution approves and authorizes the execution of the Amendments to the Existing Contracts Between the United States and Colusa County Water District Providing for Project Water Service and Facilities Repayment, Contract Nos. 1-07-20-W0220-P and 14-06-200-304-A-P to reflect the repayment provisions required by the WIIN Act (the “Amendments”). 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 Amendments.
On August 13, 2020, the District executed the Amendments. The United States executed the Amendments on September 15, 2020.
The District now seeks to validate the execution of the Amendments and the proceedings of the District to approve and authorize the execution of the Amendments pursuant to the Resolution.
Copies of the Amendments and the Resolution may be obtained upon request by telephoning the District at (530) 476-2669. Copies of the Amendments 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 840 1st St, Arbuckle, California 95912, 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)
Colusa County Superior Court
547 Market Street, Colusa, CA 95932
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/Erika F. Valencia, Superior Court Clerk
Dated: Oct. 20, 2020
Clerk, by Stephanie Gomez, Deputy
10/28, 11/04, 11/11/2020 – WPR #2020-1290