SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF COLUSA
Case No. CV24491 – Filed October 27, 2020
MYERS-MARSH MUTUAL WATER COMPANY, Plaintiff,
ALL PERSONS INTERESTED IN THE MATTER OF THE AMENDMENT TO THE EXISTING CONTRACT BETWEEN THE UNITED STATES AND MYERS-MARSH MUTUAL WATER COMPANY PROVIDING FOR PROJECT WATER SERVICE AND FACILITIES REPAYMENT, Defendants.
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 MYERS-MARSH MUTUAL WATER COMPANY 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 January 25, 2021. 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 March 1, 2005, the County of Colusa (the “County”) and the United States entered into a 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 Myers-Marsh Mutual Water Company (the “Company”), with the consent of the United States, entered into the Subcontract Between the County of Colusa and the Myers-Marsh Mutual Water Company Providing for Resale of Water Under Contract Between the United States of America and the County of Colusa, Contract No. 1-07-20-W0225-R-1, for the resale and distribution of Project Water by the Company under the County’s Master Contract (“Existing Contract”), which establishes the terms and conditions for the delivery of Project Water to the Company. The Company obtained a judgment in validation following the execution of the Existing Contract.
The County, the Company, 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 Company (“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 Company requested that the United States Secretary of the Interior convert, pursuant to the WIIN Act, the Company’s Existing Contract to a repayment contract under section 9(d) of the federal Act of August 4, 1939 (53 Stat. 1195).
On September 8, 2020, at a duly noticed meeting of the Company’s Board of Directors (the “Board”), the Board adopted the Amendment and directed that its president and officers take action to execute and carry out the Amendment. (Complaint, ¶ 18.) As memorialized in the Minutes, the Board authorized the approval, execution, and delivery of the Amendment to the Existing Contract Between the United States and Myers-Marsh Mutual Water Company Providing for Project Water Service and Facilities Repayment, Contract Number 1-07-20-W0225-P to reflect the repayment provisions required by the WIIN Act (the “Amendment”).
On September 8, 2020, the Company executed the Amendment. The United States executed the Amendment on September 28, 2020.
The Company now seeks to validate the execution of the Amendment and the proceedings of the Company 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 Company at (650) 575-7714. 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 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: December 7, 2020
Clerk, by Jennifer Tan, Deputy
12/16, 12/23, 12/30/2020 – WPR #2020-1464