[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Notices]
[Pages 41456-41457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19558]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
Allocation of Water Supply and Expected Long-Term Contract
Execution, Central Arizona Project, Arizona
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
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SUMMARY: The Department of the Interior, Bureau of Reclamation
(Reclamation), announces its intention to prepare environmental
documents under section 102(2)(C) of the National Environmental Policy
Act (NEPA) of 1969, as amended, to assist in developing proposed
modifications to previous Central Arizona Project (CAP) water
allocations.
We anticipate that we will reallocate and offer contracts with
certain quantities of CAP water in connection with (1) settlement
discussions arising out of operation of the CAP; (2) settlement
discussions arising out of legal claims involving the Gila River Indian
Community and the San Carlos Indian Community, and (3) negotiations
regarding implementation of the 1982 Southern Arizona Water Rights
Settlement Act.
At present it is not clear whether the scope of the action and
anticipated project impacts will require preparation of an
environmental impact statement (EIS) or an environmental assessment
(EA). However, to ensure a timely and appropriate level of NEPA
compliance and to limit potential future delays to the proposed
reallocation and contract actions, Reclamation is proceeding, at this
time, as if the project impacts would require preparation of an EIS.
Reclamation will reevaluate the need for an EIS after obtaining
comments on the proposed action and analysis of alternatives and
impacts during the NEPA process. Reclamation will publish a notice of
cancellation if, as a result of additional information or analysis, a
decision is made to prepare an EA rather than an EIS.
DATES: Comments must be received August 30, 1999.
ADDRESSES: Send written comments concerning the proposal to Mr. Bruce
Ellis, Environmental Program Manager, Bureau of Reclamation, PO Box
81169, Phoenix, Arizona, 85069-1169. Written comments received by the
Bureau of Reclamation become part of the public record associated with
this action. Accordingly, such comments will be available to requestors
of information associated with this Notice pursuant to the Freedom of
Information Act.
FOR FURTHER INFORMATION CONTACT: Mr. Bruce Ellis, at (602) 216-3854.
SUPPLEMENTARY INFORMATION:
Background
We have been engaged in active negotiations with a variety of
parties in Arizona that have an interest in the CAP, including the
operator of the CAP (the Central Arizona Water Conservation District),
the Arizona Department of Water Resources, Indian Tribes, and other
water users. The current negotiations contemplate that the Secretary
will undertake a reallocation of CAP water to assist in the resolution
of outstanding Indian water rights claims, and to provide greater
certainty to all users of CAP water. If the settlement goes forward, we
anticipate that the proposed reallocation of CAP water would constitute
a final allocation of water for the CAP system.
Purpose and Need for Action
The purpose and need of the proposed federal action is to implement
settlement of ongoing litigation over the operation of the CAP, the
status of CAP project water, and to assist in the resolution of
outstanding Indian water rights claims. The United States intends that
the final allocation of CAP water under the terms of the settlement
will facilitate use of CAP water in satisfaction of the goals and
purposes of the CAP authorizing legislation (i.e. the Colorado River
Basin Project Act of 1968).
The Proposed Federal Action
Through the efforts of all parties to these negotiations,
significant progress has been made on many matters involving operation
and administration of the CAP and a general agreement on the details of
the likely scenario regarding the reallocation of CAP water has
emerged. Reclamation intends to undertake the environmental review that
needs to be completed in order to facilitate the timely implementation
of reallocations that are contemplated by the proposed settlement.
Because of the lead time needed to complete the environmental review
prior to reallocating, Reclamation is initiating the review at this
time. In connection with the environmental analysis, Reclamation will
analyze the proposed reallocation of CAP water that has been the
subject of extensive discussion among the parties as the proposed
federal action. This analysis does not preclude, of course, additional
adjustments to the final reallocations depending upon the course of
negotiations. Accordingly, pursuant to this notice, Reclamation is
announcing its intention to undertake an environmental review of
allocating and offering contracts for additional CAP water as follows:
1. Reallocation of an additional 200,000 acre feet of CAP water for
Indian Water Rights Settlement Purposes. This water would retain its
former priority status as ``Non-Indian Agricultural'' priority water.
Of this amount, 102,000 acre feet of CAP water
[[Page 41457]]
would be allocated and contracted to the Gila River Indian Community;
28,200 acre feet of CAP water would be allocated and contracted to the
Tohono O'odham Nation; and a residual amount of 69,800 would be
available for allocation and contracting by the Secretary for use in
facilitating additional, future Indian Water Rights Settlements.
2. 17,800 acre feet of the CAP water permanently relinquished by
the Harquahala Valley Irrigation District (HVID) would be allocated and
contracted to the Gila River Indian Community. This water has the
priority of ``Indian'' priority CAP water.
3. All remaining, (approximately 18,600 acre feet) CAP water
permanently relinquished by the Roosevelt Water Conservation District,
would be allocated and contracted by the Gila River Indian Community.
This water would retain its ``Non-Indian Agricultural'' CAP priority.
4. 17,000 AF of CAP water expected to be permanently relinquished
by ASARCO Incorporated, would be allocated and contracted by the Gila
River Indian Community. This water would retain its ``M&I'' CAP
priority.
5. 65,647 acre feet of M&I priority water would be allocated and
contracted to various municipalities and other entities within the CAP
service area. This water would retain its ``M&I'' CAP priority.
Identification of entities, and associated specific quantities for this
water would be made after consultation between the Secretary and the
State of Arizona (Arizona). It is anticipated that further, specific,
NEPA compliance would be undertaken after Arizona has identified the
entities it proposes should received allocations of this ``M&I''
priority CAP water, and completion of the consultation between the
Secretary and Arizona on this matter.
As part of the proposed action Reclamation will consider all
provisions of the settlements currently under negotiation, including
provisions under consideration in the potential settlement of the
Central Arizona Water Conservation District v. United States
litigation, in which, as noted above, settlement discussions are
currently in progress.
Range of Alternatives
In addition to the above-described proposed action (i.e. the
settlement approach), Reclamation will implement NEPA requirements by
identifying, reviewing and evaluating additional alternatives as part
of its NEPA analysis. These alternative analyses will include
alternatives that would address alternative allocation and contracting
scenarios that could involve Non-Indian Agricultural priority water,
Indian priority water, and M&I priority water. Reclamation will also
include alternative allocation and contracting scenarios that could be
undertaken in the absence of a settlement as part of its NEPA analysis.
Authority
The Secretary has the authority to contract for supplies of Central
Arizona Project water under the Act of June 17, 1902, 32 Stat. 388, as
amended and/or supplemented, including specifically the Colorado River
Basin Project Act of September 30, 1968 (82 Stat. 885, 43 U.S.C. 1501
et seq.).
Prior Efforts
Allocation of CAP project water has been the subject of previous
notices published in the Federal Register (See, e.g., 37 FR 28082,
December 20, 1972; 40 FR 17297, April 18, 1975; 41 FR 45883, October
18, 1976; 45 FR 52938, August 8, 1980; 45 FR 81265, December 10, 1980;
48 FR 12446, March 24, 1983; 56 FR 29704, June 28, 1991; 57 FR 4470,
February 5, 1992; and 57 FR 483884, October 23, 1992).
Bruce Babbitt,
Secretary of the Interior.
[FR Doc. 99-19558 Filed 7-29-99; 8:45 am]
BILLING CODE 4310-10-M
