by John C. Boyle
UNITED STATES DEPARTMENT OF THE INTERIOR
CONTRACT WITH THE CALIFORNIA OREGON POWER COMPANY
CONTRACT NO.14-06-200-5075
Article
No.
Page No.
1
Definitions
C-2
2
3
4
Assumption liability by Copco
5
Power Rates
6
Water Rights
7
8
Contract Confers No Power Rights to
9
Water for Waterfowl
10
Cancellation
11
Approval Contract by Public Utilities Commission
12
1917 Contract Cancelled
13 Non-Discrimination
Provision
14 Officials Not to
Benefit
C-4
15 Successors and Assigns
16 Covenant Against Contingent Fees
17
Term of Contract
THIS
CONTRACT, made this 31st day of January, 1956, in pursuance of the Act of
Congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or
supplementary thereto, hereinafter referred to as ""the Federal
reclamation laws," and acts of Congress relating to the preservation and
development of fish and wildlife resources, between THE UNITED STATES OF
AMERICA, hereinafter caned ""the United States," represented by
the officer executing this contract, his duly appointed successor, or his duly
authorized representative, hereinafter called ""the Contracting
Officer," and THE CALIFORNIA OREGON POWER COMPANY , a California
corporation, its successors or assigns, hereinafter called
"'Copco"";
WITNESSETH:
WHEREAS,
the United States, pursuant to the Federal reclamation laws, is now engaged in
the reclamation and irrigation of lands lying in the State of Oregon and in the
State of California in the vicinity of Klamath Fa11s, Oregon, known as the
Klamath Project; and
WHEREAS,
the United States has investigated and is further investigating and preparing
plans for the development of water and related resources of the Upper Klamath
River Basin, including the area in California known as Butte Valley; and
WHEREAS, on February 24, 1917, an agreement was made for the term of
fifty (50) years between the United States and a predecessor of Copco,
which agreement was thereafter assigned to Copco, providing, among other things,
for the construction of link River Dam, Klamath County, Oregon, for the purpose
of regulating the level of Upper Klamath Lake, and said agreement has been
amended and supplemented from time to time; and
WHEREAS, the parties deem it to their advantage and to the best interest
of the users of the water in the Upper Klamath River Basin that a new agreement
be entered into for a period of fifty (50) years, upon the terms and
conditions hereinafter expressed;
NOW, THEREFORE, in consideration of the premises and the mutual covenants
hereinafter contained, the parties hereto agree as follows.
1.
Whenever used in this contract, the following terms shall have the respective
meanings set opposite thereto:
(a)
(b) Klamath Water: The water lying or flowing in or which has been
diverted from Upper K1amath Lake,
(c) Project land of the United States lying in the Upper Klamath River
Basin, and all land in the Upper Klamath River Basin lying within any public
district or within the service area of any association which has contracted or
may hereafter contract and any land of individuals or corporations in the Upper
Klamath River Basin which have contracted or may hereafter contract with the
United States, pursuant to the Federal reclamation laws, for water service or
for the construction of irrigation, drainage, or other reclamation works.
2. Copco shall operate and maintain for a period of fifty (50) years
from the effective date hereof, subject to the conditions hereinafter provided,
Link River Dam, located in Klamath County, Oregon, hereto- fore constructed by
Copco and transferred to the United States pursuant to the agreement of February
24, 1917. Copco may regulate the water level of Upper Klamath Lake between the
elevations 4143.3 and 4137, (Reclamation Service Datum), but the water level
shall not be raised above elevation 4143.3 and shall not be lowered below
elevation 4137, except at such times, and on such conditions, as may be
satisfactory to the Contracting Officer: Provided, That the Contracting Officer
from time to time may specify a higher minimum elevation than 4137 if in his
opinion such must be maintained m order to protect the irrigation and
reclamation requirements of Project Land. Whenever the elevation of the lake
drops to a point two-tenths of a foot above the applicable minimum elevation,
the Contracting Officer may assume control of the Link River Dam and its outlets
and continue in control so long as the lake level remains at or below that
elevation.
All elevations stated in this article, or specified by the
Contracting Officer pursuant to this article, shall mean elevations in a state
of calm.
3. Copco shall at its own expense maintain the approach channel to the
“A" Canal of the Klamath Project to the satisfaction of the Contracting
Officer so far as may be necessary to carry a flow of not less than 1200 cfs.
into the "A "Canal with the water of
4. Copco assumes any and all liability for damages resulting from
operation of the Link River Dam by Copco or resulting from its regulation and
control of the water levels of
5. For the period of this contract Copco agrees to furnish
electric power for the purposes and for the rates set forth in Exhibit
"B”, attached hereto and hereby made a part of this contract.
6. Nothing in this agreement shall curtail or in anywise be construed,
as: curtailing the rights of the
7. If there shall be authorized for construction pursuant to the Federal
reclamation laws projects or units of projects including lands lying within
Butte Valley, all drainage water shall be returned to the Klamath River at a
point above the town of Keno, Oregon; unless the Secretary of the Interior shall
determine that this would render the irrigation and reclamation of lands within
Butte Valley economically less feasible than under an alternate plan of
development, in which event, upon construction of such projects or units of
projects, the drainage water from project Land lying within Butte Valley shall
be returned to the Klamath River at such point upstream from Copco Lake as shall
be determined by the Secretary of the Interior: Provided, That if Copco makes
economic benefits available to such projects or units of projects by means of
power rates lower than those specified in Exhibit IIB", or otherwise, that
will make it equally feasible to the satisfaction of the Secretary of the
Interior, to return the drainage water to a point in the Klamath River above
Keno. Copco shall have the first
right to develop, for power purposes, drainage water removed by the United
States from Project Land lying within .t; Butte Valley, subject to establishment
by Copco of its rights under the applicable state law.
8.
Nothing in this agreement shall be deemed to confer on the
9.
Except for the water rights of Copco having a priority earlier than May 19,1905,
no Klamath Water
shall be used by Copco when it maybe needed or required by the United States for
waterfowl conservation in the Upper Klamath River Basin in the quantities in
which it is being used for that purpose as of the effective date of this
contract.
10.
The failure of Copco to comply in the true intent and meaning with any of the
provisions of this agreement in regard to the operation and use of Link River
Dam during the fifty (5O) year period shall render this contract in
regard to said dam subject to cancellation by the Secretary of the Interior upon
sixty (60) days' written notice to Copco stating the cause for such proposed
cancellation and in case of failure or refusal of Copco to comply with the
provisions of this -contract within the period allowed by the Secretary of the
Interior he may cancel this contract. After such cancellation, or at the
expiration of the fifty (50) year period of this contract, Copco shall have no
further rights in regard to the use of Link River Dam and its appurtnances, the
operation and control of which shall immediately pass to the United States, but
such cancellation shall in nowise curtail or affect the rights which Copco now
has in the waters of Link River and Klamath River.
11,
This contract shall become effective on the date of its approval by the Public
Utility whichever shall occur later,
and shall not be effective in any way until approved by both regulatory
authorities. Within thirty (30) days after the execution of this contract Copco
shall file applications with both regulatory authorities for orders authorizing
Copco to carry out the terms thereof and shall prosecute the applications and
any proceedings on them diligently. If such orders are not issued and effective
within nine (9) months after execution of this contract, the
12.
This contract shall supersede and cancel the contract, including all amendments
thereto, entered into under date of February 24, 1917, by Copco and its
predecessor company, California-Oregon Power Company, and the United States,
upon the effective date hereof.
13.
In connection with the performance of work under this contract, the contractor
agrees not to discriminate against any employee or applicant for employment
because of race, religion, color, or national origin. The aforesaid provision
shall include, but not be limited to, - the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post hereafter in
conspicuous places, available for employees and applicants for employment,
notices to be pro- vided by the contracting officer setting forth the provisions
of the non-discrimination clause. The contractor further agrees to insert the
foregoing provision in all subcontracts hereunder, except subcontracts for
standard commercial supplies or raw materials.
14.
No Member of or Delegate to Congress, or Resident Commissioner, shall be
admitted to any share or part of
this contract or to any benefit that may arise therefrom, but this provision
shall not be construed to extend to this contract if made with a corporation for
its general benefit.
15.
This contract binds and inures to the benefit of the parties hereto, their
successors and assigns, including without limitation any water users'
organization or similar group which may succeed either by assignment or by
operation of law to the rights of the United States hereunder.
16.
Copco warrants that it has not employed any person to solicit or secure this
contract upon any agreement for a commission, percentage, brokerage, or
contingent fee. Breach of this warranty shall give the
17.
This contract shall be in effect for a period of fifty (50) years from the
effective date determined pursuant to article II.
IN WITNESS
WHEREOF, the parties hereto set their hands and the seal of Copco is hereto
affixed.
THE
By
/s/C.H. Spencer
Title
Regional Director, Region 2
Bureau of Reclamation
Department of the Interior
Address
THE
CALIFORNIA OREGON POWER COMPANY
By
/s/ A.S. Cummins
Title
President
Address
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