[Federal Register Volume 61, Number 237 (Monday, December 9, 1996)]
[Proposed Rules]
[Pages 64832-64848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30769]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Part 418
RIN 1006-AA37
Adjustments to 1988 Operating Criteria and Procedures (OCAP) for
the Newlands Irrigation Project in Nevada
AGENCY: Bureau of Reclamation, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule adjusts the 1988 OCAP for the Newlands
Irrigation Project (Project). The 1988 OCAP anticipated that irrigated
acreage in the Project would increase to 64,850 acres. In 1995,
irrigated Project acreage was approximately 59,023 acres. Adjustments
are proposed to the Project efficiency requirements, maximum allowable
diversion calculations, and Lahontan Reservoir storage targets in the
1988 OCAP to reflect current irrigated acreage and court decrees which
have lowered the water duty applicable to certain Project lands. To
better manage diversions from the Truckee River to the Project,
additional proposed adjustments to the 1988 OCAP provide flexibility in
using snowpack and runoff forecasts and extending the time frame for
storing water in Truckee River reservoirs in lieu of diversions to the
Project from the Truckee River.
DATES: Written comments should be submitted to be received by February
7, 1997. All comments received by the close of the comment period will
be considered and addressed in the Final Rule. Comments received after
that date will be reviewed and considered as time allows.
ADDRESSES: Comments should be sent to: Adjusted OCAP, Truckee-Carson
Coordination Office, 1000 E. William Street, Suite 100, Carson City,
Nevada 89701-3116.
FOR FURTHER INFORMATION CONTACT:
Additional copies of 1988 OCAP with proposed adjustments may be
obtained from: Lahontan Area Office, Bureau of Reclamation, P.O. Box
640, Carson City, Nevada 89702, Phone (702) 882-3436.
If you have questions or need additional information contact:
Ann Ball, Manager, Lahontan Area Office, (702) 882-3436
or
Jeffrey Zippin, Team Leader, Truckee-Carson Coordination Office, (702)
887-0640.
SUPPLEMENTARY INFORMATION:
Background
On April 15, 1988, the Secretary of the Interior (Secretary)
implemented new Operating Criteria and Procedures (OCAP) governing
management of water diverted to and used within the Newlands Project.
These 1988 OCAP were approved by the U.S. District Court for the
District of Nevada, subject to a hearing on objections raised by
various parties. In 1990, Congress directed in the Truckee-Carson-
Pyramid Lake Water Rights Settlement Act (Title II of Pub. L. 101-618,
Section 209(j) (104 Stat. 3294) that the 1988 OCAP remain in effect
until December 31, 1997, unless changed by the Secretary in his sole
discretion. Prior to this proposed rule, the 1988 OCAP have not been
published in the Federal Register.
These OCAP were designed to further increase the reliance of the
Project on water from the Carson River, minimize the use of water from
the Truckee River as a supplemental supply, increase efficiency of
water use in the Project, and establish a regulatory scheme to manage
deliveries to Project water users including incentives for efficiency
and penalties for inefficiency.
An environmental impact statement (EIS) was prepared on the 1988
OCAP. That EIS serves as the basis for reviewing the environmental
effects of proposed adjustments.
The Department of the Interior (Department) has prepared a draft
environmental assessment on the adjustments which tiers off of the
analysis in that EIS. Copies of the draft environmental assessment may
be obtained from the Truckee-Carson Coordination Office.
The Department is proposing at this time to make a number of
revisions to the 1988 OCAP to adjust for changes in use of water
rights, to increase flexibility, and to clarify and fine-tune the
language of the OCAP based on experience gained in administering the
1988 OCAP through eight irrigation seasons. These revisions are
proposed within the basic framework of the 1988 OCAP and its
environmental documentation. They are also proposed for codification.
The need for additional changes to the 1988 OCAP beyond those
proposed in this rule may be appropriate as well, but consideration of
such changes is
[[Page 64833]]
expected to require further examination including the preparation of an
environmental impact statement (EIS).
Description of the 1988 OCAP
The 1988 OCAP provisions were preceded by a preamble and
introduction which are equally applicable to the Adjusted OCAP
proposed. The 1988 OCAP preamble and introduction are here reproduced
with minor grammatical editing. The following two headings, 1988 OCAP
Preamble and 1988 OCAP Introduction are taken from the 1988 OCAP.
1988 OCAP Preamble
The development of Operating Criteria and Procedures (OCAP) for the
Newlands Project (Project) in western Nevada was initiated in the late
1960's and has proven to be a divisive, contentious issue for the
people in Nevada who rely on the waters of the Carson and Truckee
Rivers. Competition for the water in the Project's desert environment
is intense and growing. The conflicts among uses are clearly apparent
in the effects forecast on various areas where the Department of the
Interior (Department) has program responsibilities. The issue is
complicated further by the requirements of the Endangered Species Act
and the listing of the Cui-ui, a fish inhabiting the lower Truckee
River and Pyramid Lake.
In order to proceed effectively and fairly, the Department had to
have guiding principles for the OCAP. These are to:
--Provide water deliveries sufficient to meet the water right
entitlements of Project water users;
--Meet the requirements of the Endangered Species Act as they
specifically relate to the Truckee River/Pyramid Lake Cui-ui;
--Fulfill Federal trust responsibilities to the Pyramid Lake Paiute
Indian Tribe;
--Conserve wetland and wildlife values in both the Truckee and Carson
River basins;
--Give cognizance to the State laws affecting water rights and uses;
--Provide for stable economies and improve quality of life in the
region to the extent it is influenced by the Department-managed
resources and facilities;
--Allow local control and initiative to the maximum extent possible;
and
--Provide stability and predictability through straightforward
operation based on actual versus forecast conditions.
The Department believes that the proposed OCAP best satisfy these
principles within the limits of the Department's legal authority.
Each of the competing uses for the water is critical in its own
right. They are all essentially separable for decision making purposes
even though they clearly impact upon each other since the available
supply is far less than the demand.
The OCAP deal with the operation and use of Federal facilities
related to the Newlands Project. Therefore, their primary
responsibility is supplying the water rights to the Project water
users. To the extent this can be done effectively and efficiently, then
the remaining water supply is available for other competing uses. The
secondary impacts of the OCAP must, however, act to support or
encourage results which benefit the other competing uses.
The basic structure of the OCAP relies on both rules and incentives
which we believe will ensure reasonable, efficient water management
through reliance on local control and initiatives. The direct
consequences of the OCAP will be delivery of full water entitlements
within the Newlands Project, protection of endangered species,
fulfillment of trust responsibilities, and encouragement for the
protection of other environmental and quality of life values.
1988 OCAP Introduction
The OCAP shall govern the operation and use of federal facilities
on the Project.
When approved by the United States District Court for the District
of Nevada (Court), the OCAP will supersede all OCAP previously issued
by the Secretary of the Interior (Secretary) and the 1973 OCAP
previously issued by the Court in Pyramid Lake Paiute Tribe of Indians
v. Morton, 354 F. Supp. 252 (D.D.C. 1973). The OCAP are believed to be
consistent with the decrees in United States v. Alpine Land and
Reservoir Co., 503 F. Supp. 877 (D. Nev. 1980), substantially affirmed,
697 F. 2d 851 (9th Cir. 1983), cert. denied, 464 U.S. 863 (1983) and
United States v. Orr Water Ditch Co., Equity No. A-3 (D. Nev.) (Orr
Ditch and Alpine decrees, respectively). Implementation of the OCAP
will ensure that the Secretary: (i) supplies the Project with water to
meet all valid water rights; (ii) fulfills the federal trust
responsibility to the Pyramid Lake Paiute Tribe of Indians; (iii)
fulfills the federal trust responsibility to the Fallon Paiute-Shoshone
Tribes of Indians; (iv) meets the requirements of the Endangered
Species Act (16 U.S.C. 1531 et seq.); and (v) provides a framework for
local decision making which can contribute to the protection of
wetlands, recreation, economic, and other regional values. Procedures
are included to monitor water use and Project operations and to enforce
these OCAP.
Fundamentally the OCAP are predicated on water being used on the
water-righted land in a manner similar to the past coupled with the
Project operating at a reasonable efficiency. The Department believes
that the OCAP efficiency targets are reasonable because they are at a
level that can be shown to be achievable, can be obtained without
significant capital expenditures and are within the range of
efficiencies achieved in comparable systems.
The OCAP are designed to operate in a manner to produce a long term
average effect recognizing that each year will necessarily be different
as weather and actions by individual water users vary. It is also
critical that OCAP compliance be measured based on facts which can be
readily determined and reviewed, rather than on forecasts, theories, or
models. In combination, the use of a factual base and a long-term
average project efficiency yield a methodology which will operate in a
predictable fashion that minimizes disputes and allows the landowners
and others to make knowing, rational decisions for themselves.
The OCAP assure proper water use and a reasonable efficiency by
establishing a methodology consisting of three basic elements. First,
it requires monitoring headgate deliveries against the acreage eligible
to receive Project water multiplied by the court set water duty.
Second, the OCAP establish efficiency targets for the Project
distribution system. The efficiency target varies with the actual valid
headgate deliveries. Since many of the system losses are relatively
constant, the system efficiency declines with smaller headgate
deliveries and increases with larger deliveries. This also allows an
automatic adjustment in efficiency for drought conditions. The OCAP
provide for incentives if the District's operation is more efficient
and for disincentives if it is less efficient than the OCAP target
efficiency. Thus, through use of the incentive provisions, the District
can offset deficiencies in time of drought or use the water saved for
its desired purposes (e.g., wetlands, recreation, power, etc.)
consistent with Nevada and Federal Law.
Third, as a protection against the first two elements allowing the
operation to become excessively out of balance, the OCAP establish a
maximum allowable diversion (MAD) limit for irrigation and a maximum
efficiency deficit (MED). No
[[Page 64834]]
limit has been placed on the ability of the District to gain through
the incentive feature.
The MAD and MED limits are set to provide an operating cushion
approximately 26,000 acre-feet above and below, respectively, the
expected irrigation diversions, assuming the District's operation is at
an average annual efficiency at the OCAP target level. Neither limit is
expected to ever be encountered in actual operation.
The operating cushion size was chosen in relation to historic
operations. Historically, not all water users have used their full
entitlements in a given year. Either the season doesn't require it, the
crops planted need less, or the land cannot productively accommodate
the full amount. Whatever the reason, the Project uses about 26,000
acre-feet less every year on average than its entitlement for actual
irrigated acres. This provides a reasonable cushion, or insurance
protection, above the normal expected use, yet does not in any way
limit or impact on the water users' rights. It is also an important
protection for other uses. Therefore, rather than trying to forecast
the expected actual use each year and adding the operating cushion to
get the MAD, it is more direct and predictable to simply determine the
anticipated acreage to be irrigated at its full water duty for the MAD.
The MED is a fixed number set equal to the operating cushion. It is
the limit on how much accumulated storage can be borrowed from the
future to satisfy a less efficient operation. The MED is for the
protection of the water users against too severe an impact in the case
of a low water year. Only the MAD can affect current operations within
an irrigation season. The MED operates on the subsequent year only.
These OCAP will be enforced in cooperation with the Federal Water
Master and the Nevada State Engineer and will govern delivery of all
Project water. The OCAP are applicable to the Truckee-Carson Irrigation
District or any other Project operating entity.
1996 Revisions to the OCAP in General
1. Changes in Water Demand: The 1988 OCAP envisioned and provided
for increasing irrigated acreage. It was assumed the project would grow
from about 60,900 irrigated acres and a headgate entitlement of 226,450
acre feet of water on average beginning in 1988 to as much as 64,850
irrigated acres and a headgate entitlement of 237,485 acre feet on
average by 1992 and thereafter with certain efficiency targets and
assumptions about water duties and use of entitlements. The annual
calculations of the maximum allowable diversion (MAD) to the Project
and efficiency requirements in use today are based, in part, on this
assumed projected growth to 64,850 irrigated acres and the other 1992
project water demand assumptions. In practice, this growth has not
occurred. Actual acreage served in 1995 and assumed for 1996 and
thereafter for at least several years, and other key parameters in
determining project water use are displayed in Table A below along with
the comparable assumptions made in the 1988 OCAP.
Table A.--Comparison of Project Water Balance Assumptions
----------------------------------------------------------------------------------------------------------------
1988 OCAP assumptions Current assumptions
---------------------------------------------------
1988 1992 1995 Proposed
----------------------------------------------------------------------------------------------------------------
Acres....................................................... 61,630 64,850 59,023 59,023
Average duty in acre-feet per acre (af/a) \1\............... 3.67 3.66 3.49 3.49
Headgate entitlements in acre-feet.......................... 226,555 237,485 206,230 206,230
Estimated percent use of entitlement........................ 90 90 90 93.2
Resulting demand............................................ 203,900 213,740 185,555 192,206
Percent target efficiency \2\............................... 59.3 66.7 66.7 65.7
Expected diversion in acre-feet............................. 343,845 320,450 278,193 292,627
Maximum allowable diversion in acre-feet.................... 371,055 346,985 301,506 308,319
----------------------------------------------------------------------------------------------------------------
\1\ Average duty includes bench lands at 4.5 af/a, bottom lands at 3.5 af/a, pasture lands at 1.5 af/a, and
deliveries to wetlands of less than full entitlement.
\2\ The target efficiencies for 1988, 1992, and 1995 are as prescribed in the 1988 OCAP; the Proposed target
efficiency is calculated.
The differences between 1992 and 1995 stem from the following:
Acreage: The anticipated increase in acreage has not
materialized; actual irrigated acreage in 1995 was 59,023 acres. This
amount reflects the efforts of the Bureau of Reclamation (BOR) to limit
irrigation to water-righted lands and that, on average, irregators have
not increased the acreage of lands in production.
Average Water Duty: The average water duty for the project
has been reduced as a result of the so-called ``bench/bottom
litigation'' (1995 Order of Judge McKibben, in U.S. v. Alpine, United
States District Court for the District of Nevada No. D-185). This
bench/bottom court ruling approved a change in the designation of some
Project lands from bench lands to bottom lands. Bench lands have a
maximum water duty of 4.5 acre-feet/acre; bottom lands have a maximum
water duty of 3.5 acre-feet/acre. (The Project includes pasture lands
with a duty of 1.5 acre-feet/acre.) The bench/bottom decision
reclassified approximately 9,000 acres of irrigated lands in the
project, reducing Project water entitlements by approximately 9,000
acre-feet. The change in demand is expected to be approximately 5,000
acre-feet of water when measured at the farm headgates. This is based
on historic use of about 90 percent of the headgate entitlement at 4.5
acre-feet/acre versus projected use of 100 percent of the 3.5 acre-
feet/acre entitlement.
Average Use of Entitlement: Actual water use as a
percentage of entitlement is usually less than 100 percent,
historically about 90 percent. The reduced percentage of entitlement
use results from on-farm practices and efficiencies, fallowing of
lands, and varying weather conditions. The current projected percent
use of entitlement is 93.4 percent. This is based on irrigation use of
91.8 percent and 95 percent for Carson and Truckee Divisions,
respectively, and 100 percent water use for pasture lands and wetlands.
Several factors will affect use of entitlement in the future:
--As noted above, irrigators whose lands were reclassified from bench
lands with a water duty of 4.5 acre-feet per acre to bottom lands with
a 3.5 acre-feet per acre duty may use more than 90 percent of their
entitlement, an increase in use.
[[Page 64835]]
--The Fallon Paiute-Shoshone Tribes reservation is within the Project
and Tribes have a cap on the water they receive. The Tribes are
expected to use their full water entitlement every irrigation season.
--The Naval Air Station Fallon, as part of an agreement with the U.S.
Fish and Wildlife Service (FWS), will use less of its irrigation water
and is also developing less water intensive cropping strategies
decreasing percent use of entitlement.
--The FWS and the State of Nevada are acquiring water rights within the
Newlands Project for restoration of wetlands at Stillwater National
Wildlife Refuge. The FWS and Nevada are transferring the consumptive
use portion, 2.99 acre-feet per acre, of the water rights they acquire.
This changes their entitlement to 2.99 acre-feet per acre of which they
are expected to take 100%, thus increasing percent use of entitlement.
These and other changes in water use will cause the percent use of
entitlement to vary from year to year. The percent use will be
determined based on actual experience and used in calculating the
expected irrigation diversion for each irrigation season.
Efficiency: Within the same size project, more irrigated
acreage results in greater efficiency; with less irrigated acreage
lower efficiencies are expected. Project irrigated acreage never
reached the level anticipated in the 1988 OCAP but the associated
target efficiencies have remained in effect. As water rights are
acquired for Stillwater Wildlife Refuge (Pub. L. 101-618, section 206),
the effect on Project efficiencies may vary at first, but as more water
is acquired and moves to the Refuge, efficiencies should improve
stemming from the concentration of deliveries through the system.
Specific Proposed Adjustments to 1988 OCAP
Even with the prospect of revising the OCAP in the future, there
are a number of adjustments to the 1988 OCAP that will help manage the
Project during the interim period until a revised OCAP can be
promulgated. This proposed rulemaking addresses only those adjustments
to the 1988 OCAP in the following areas:
1. Target Efficiency adjustments (Sec. 418.1(c)(3)(i)(A) and
Newlands Project Water Budget table): The 1988 OCAP envisioned and
allowed for increasing irrigated acreage, assuming the Project would
grow to over 64,850 irrigated acres by 1992 compared to a base of
approximately 60,900 acres being irrigated in 1987. The annual
calculations of the maximum allowable diversion (MAD) to the Project
and efficiency requirements currently in use are based on a Project of
64,850 or more irrigated acres and a commensurate target efficiency of
68.4 percent. However, the acreage increase has not materialized and
current irrigated acreage is approximately 59,023 acres. The Project
efficiency that can be achieved, which is the relationship between the
total annual diversion to the Project and total delivery to farm
headgates, is directly related to irrigated acreage; efficiency
generally decreases as the irrigated acreage in the Project decreases.
The 1988 OCAP does not accurately reflect the current acreage, and as a
consequence, the higher efficiency requirement remains in effect. This
may decrease the water available to the Project as calculated in the
MAD and increases the likelihood of penalties for inefficiency.
In response to less acreage and varying water demand, the
Department proposes to calculate the annual Project water budget for
each irrigation season in accordance with the elements in the Newlands
Project Water Budget table of the Adjusted OCAP. Each year the Maximum
Allowable Diversion (MAD) would be based on the projected irrigated
acreage for that year and applicable water duties. The other elements
in Newlands Project Water Budget, including appropriate Project
efficiency, would be calculated to determine the MAD and Project
efficiencies. Through this proposal, the Project water budget can
accommodate anticipated changes in Project characteristics.
Using the 1995 Actual Acres column from the Newlands Project Water
Budget, Maximum Headgate Entitlement (line 2) is the product of
Irrigated Acres (line 1) and the average water duty (calculated
annually). Variable distribution system losses of Canals/Laterals
Evaporation (line 3), Canals/Laterals Seepage (line 5), and Operational
Losses (line 7) are interpolated to determine the Total Losses (line 8)
for a given Project size. The combined Maximum Headgate Entitlement
(line 2) and the Total Losses (line 8) determines the MAD (line 9), and
the relationship of Maximum Headgate Entitlement (line 2) to Total
Losses (line 8) determines Project Efficiencies at 100 percent water
use (line 10). Actual use of entitlement, based on historic patterns,
is less than 100 percent, so the Maximum Headgate Entitlement is
adjusted by the projected percent use of entitlement (calculated
annually) to yield Expected Headgate Entitlement Unused (line 11) and
the Diversion Reduction for Unused Water (line 12). The Diversion
Reduction for Unused Water (line 12) is subtracted from the MAD (line
9) to determine Expected Irrigation Diversions (line 13). Finally, the
adjusted Project demand (calculated from line 2 minus line 11) is
divided by the Expected Irrigation Diversions (line 13) to determine
the Expected Efficiency (line 14).
The effect of this proposal is to have OCAP that more accurately
reflect the Project water demand. Reducing the annual Project
efficiency target will recognize the limitation of the present water
distribution system facilities and assist the Project in achieving
efficiency requirements. No changes are proposed for the 1988 OCAP
relative to how the MAD is calculated and administered, determination
of eligible land, reporting, or calculation of credits or debits.
2. Adjustments in Storage Targets (Sec. 418.3(e) and tables of
Monthly Values for Lahontan Storage Computations and End of Month
Storage Targets for July Through December): The 1988 OCAP prescribes
when water may be diverted from the Truckee River to supplement Carson
River inflow to Lahontan Reservoir to serve the Carson Division of the
Project. (The Truckee Division of the Project is supplied entirely by
water from the Truckee River.) The Truckee River diversion to the
Carson Division is governed by end-of-month storage target levels in
Lahontan Reservoir. Water is diverted from the Truckee to the Reservoir
only if its is forecast that the storage target will not be met by
Carson River inflow by the end of the month. In years of low flow on
the Carson River, a greater percentage of the Carson Division Project
water supply is diverted from the Truckee River. In wet years, the
Carson Division supply may come entirely from the Carson River. Thus,
storage targets are used to help maintain a steady water supply despite
the natural climatic variability and differences in annual runoff
between the two river basins.
The formula used to determine how much water may be diverted to
Lahontan Reservoir from the Truckee River in January through June
relies, in part, on the runoff forecast for the Carson River. The
imprecision inherent in such forecasting can lead to variable
consequences. Sometimes more Truckee River is diverted than is needed
to serve Project water users. This is particularly problematic when the
Carson River fills Lahontan Reservoir to the point that water spills
over Lahontan Dam or so that a precautionary spill (release) of water
must be made to avoid later
[[Page 64836]]
flooding. In either situation, spilled water that cannot be transported
to water-righted lands or Lahontan Valley wetlands flows into Carson
Sink in the desert. This situation occurred most recently in 1996 with
the consequence that Truckee River water that could have flowed into
Pyramid Lake contributed to water that was spilled.
Because of their imprecision, forecasts for Carson River runoff do
not always reflect actual conditions and the water may not materialize.
If not enough water was brought over from the Truckee River earlier in
the water year, or Truckee River flow is insufficient to make up for
the shortfall from the Carson River, then the water supply may be
inadequate to meet the annual irrigation demand. This situation
occurred in 1994 when the Carson River was forecast to have a 100
percent water year but only produced a 50 percent water supply.
Two of the objectives of OCAP are to minimize spills and moderate
shortages. It is important to note that for the 94 years of records,
the climatic/hydrologic variability of both rivers is so great that
even if there were no limits on the diversion of Truckee River water,
in some years shortages would result. Conversely, even if no Truckee
River water were diverted, in some years Lahontan Reservoir would spill
just from Carson River inflow.
The 1988 OCAP has a June end-of-month storage target of 215,000
acre feet in Lahontan Reservoir. The 215,000 acre-feet was based on
serving at least 5,000 more acres of water-righted and irrigated land
than has been irrigated in actual practice. The reclassification of
some bench lands to bottom lands further reduces water demand in the
Carson Division. The difference in headgate demand between what the
1988 OCAP projected and current Carson Division demand is approximately
21,000 acre-feet. The current storage targets permit unnecessary
diversions from the Truckee River to the Project. The proposed Adjusted
OCAP storage targets are based on the lower Carson Division demand and
reducing water loss to seepage and evaporation. Accordingly, the
proposed end-of-June storage target is adjusted to 174,000 acre-feet,
as shown in the table Monthly Values for Lahontan Storage Calculations.
The June storage target is important because it is one of the terms in
the formula used to calculate the monthly Truckee River diversion to
the Project for January through June.
A comparison of the 1988 OCAP and proposed Adjusted OCAP storage
targets for Lahontan Reservoir are shown in Table B of this preamble.
Table B.--Comparison of 1988 OCAP and Proposed Adjusted OCAP Lahontan
Reservoir Storage Targets
[In acre-feet]
------------------------------------------------------------------------
Adjusted
Month 1988 OCAP OCAP
------------------------------------------------------------------------
January-June.................................. 215,000 174,000
July.......................................... 160,000 139,000
August........................................ 140,000 95,000
September..................................... 120,000 64,000
October....................................... 80,000 52,000
November...................................... 160,000 74,000
December...................................... 210,000 101,000
------------------------------------------------------------------------
The adjusted storage targets for these months appear in the table
End of Month Storage Targets for July Through December in the proposed
rule. The adjusted storage targets would be used to calculate
diversions from the Truckee River in accordance with Sec. 418.3 of the
proposed rule.
The proposed storage targets were developed using the Truckee River
settlement negotiations water balance model. The model was used to
examine how different storage targets affected spills, inflow to
Pyramid Lake, and other parameters. Key assumptions used in modeling
were reduced Project water demand from the 1988 OCAP, lower efficiency
targets, current Truckee River operations, and Project shortages
consistent with the 1988 OCAP. The model uses the 94-year (1901-1995)
historic hydrologic record for the Truckee and Carson Rivers.
A series of modeled storage targets was evaluated based on the
degree to which a set of targets reduced spills, increased inflow to
Pyramid Lake, increased the estimated number of spawning years for cui-
ui, increased the estimated number of cui-ui, reduced Lahontan
Reservoir and Truckee Canal seepage and evaporation losses, and held
frequency and magnitude of Project shortages consistent with the 1988
OCAP. These goals are consistent with the Secretary of the Interior's
responsibilities as the District Court ruled in Tribe v. Morton.
Though not a specific feature of the Adjusted 1988 OCAP, the
modeling used in making decisions on this proposed rule took cognizance
of the 4,000 acre foot minimum pool that the Truckee-Carson Irrigation
District voluntarily has maintained in Lahontan Reservoir to protect
fish resources there. Though this action to maintain a minimum pool is
purely voluntary on the part of TCID and Newlands Project water right
holders, it provides environmental benefits, was assumed to be
continued into the future, and was credited in the modeling used to
establish new Lahontan storage targets; that is to say, the targets
would have been somewhat lower to achieve the same release shortage
percentage and Truckee River inflow volume to Lahontan Reservoir
assuming no anticipation of the 4,000 acre-foot minimum pool.
Table C compares the modeled current conditions under the 1988 OCAP
to those under the Adjusted 1988 OCAP for each of these elements.
Table C.--Modeled Results for OCAP Storage Regimes
----------------------------------------------------------------------------------------------------------------
Parameter 1988 OCAP \1\ Proposed adjusted OCAP Difference
----------------------------------------------------------------------------------------------------------------
Truckee Canal and Lahontan Reservoir 61,800 af \2\.......... 53,600 af.............. 8,200 af.
Losses.
Reservoir Spills..................... 42,100 af.............. 37,500 af.............. 4,600 af.
Lahontan Release Shortage............ 7,820 af............... 6,880 af............... 940 af.
Release Shortage as Percentage of 2.68%.................. 2.54%.................. 0.14%.
Demand.
Mininum Pool......................... 0...................... 4,000 af............... 4,000 af.
Number of Shortage Years............. 9 years................ 9 years................ .......................
Truckee River Inflow to Pyramid Lake. 445,500 af............. 480,700 af............. 35,200 \3\ af.
Cui-ui Spawning Years................ 69 years............... 74 years............... 5 years.
Ending Number of Adult Female Cui-ui. 40,300................. 304,300................ 264,000.
----------------------------------------------------------------------------------------------------------------
\1\ Modeled results based on the 1992 Newlands demand assumptions from the 1988 OCAP, the 94-year hydrologic
record (1901-1995), and 1995 Truckee River operating conditions.
\2\ af=acre-fee.
\3\ The difference in inflow to Pyramid Lake results from reduced Project acreage and reduced Truckee Canal and
Reservoir losses.
[[Page 64837]]
The values are averages for the 94-year period of record. In every
category listed above, the modeled results show improvement under the
proposed storage targets as compared with the 1988 OCAP modeled with
64,800 irrigated Project acres and current Truckee River conditions. A
reduction of water loss and spill from the Project will increase inflow
to Pyramid Lake. Shortages to the Project are reduced under the
proposed storage targets by approximately 2,500 acre-feet compared to
the current target regime using the 1988 OCAP and 1995 acreage and
water use. However, today's irrigated acreage has not matched what was
anticipated in the 1988 OCAP so Project water supply has benefited from
storage targets based on higher water demand assumptions in place.
3. Truckee River Storage in Lieu of Diversions (Sec. 418.3(e)(8)):
Project diversions from the Truckee River may be fine-tuned by
retaining water in upper Truckee River reservoirs that would otherwise
have been diverted to Lahontan Reservoir to meet storage targets.
Depending upon how much Carson River runoff reaches Lahontan Reservoir
and whether storage targets are met by the Carson River inflow, the
water retained in storage may be released later in that year and
diverted to Lahontan Reservoir for delivery to the Carson Division, or
retained for Pyramid Lake if the water is not needed for Carson
Division irrigation.
Under the 1988 OCAP, water may be stored upstream on the Truckee
River in lieu of diversion only from April to June. In 1995, this
limitation contributed to approximately 70,000 acre-feet of water being
diverted from the Truckee River to Lahontan Reservoir before March 31,
then spilling because of high Carson River runoff. None of the Truckee
River water was needed because the Carson River more than filled
Lahontan Reservoir and precautionary releases were made to avoid
spilling over the dam. While the 70,000 acre-foot-diversion from the
Truckee was controversial, it resulted from managing the diversion in
strict adherence with the 1988 OCAP targets. The proposed Adjusted OCAP
provides more flexibility to reduce such unnecessary diversions.
Consistent with managing Projects diversions from the Truckee
River, the proposed rule expands the opportunity to credit store water
for the Project in reservoirs on the upper Truckee River by allowing
storage as early as January of each year. The water would be credited
based on water actually retained in Trukee River reservoirs or, if
water was not being released for Project diversion, credited as
Newlands Project water in Stampede Reservoir adverse to other water
(fish water) stored in Stampede Reservoir. In the latter situation,
concurrence by the U.S. Fish and Wildlife Service (FWS) will be
required. For example, a reduction of diversions in January through
March of 1995, would have required FWS approval because water was not
being released for Project diversion. Stored water could be released
for diversion to Lahontan Reservoir, if needed, as early as July 1
through the end of the irrigation season, but not thereafter. The Water
would only be used for the Carson Diversion. Water in storage could be
exchanged to other reservoirs but it will not carry over to the next
year for use in the Project. If it is not used in the year in which it
is stored, it will not be available thereafter to the project. To
protect the water users, the water held in storage on the Truckee River
would not be reduced as a result of spill or evaporation and would be
gaged at the U.S. Geological Survey gage on the Truckee Canal near
Wadsworth, Nevada, to ensure that the diversion to the Project matches
the diversion foregone earlier in the season. Water stored but not
needed for the Project would be managed to benefit endangered cui-ui in
Pyramid Lake.
The proposed adjustment provides the flexibility to reduce
excessive diversions from the Truckee River. As proposed, there is no
risk to the Project water users and there is potential benefit for
Pyramid Lake. The BOR is expected to use this proposed provision only
in years when Carson River runoff is forecast to be above average and
is intended to fine tune diversions and avoid over-diversions from the
Truckee River. Such storage in Stampede Reservoir or other Truckee
River Reservoirs is not intended to make up for shortages in drier
years. There is little advantage to foregoing diversions in below
average runoff years if the likelihood is that all the credit stored
water would need to be diverted to the Project in any event. The
changes proposed in Sec. 418.3(e)(8) of the rule include provisions for
BOR to consult with TCID, the Federal Water Master, FWS, Bureau of
Indian Affairs (BIA), and the Pyramid Lake Paiute Tribe before any
credit storing is initiated.
4. Expanded Forecasting (Sec. 418.3(e)(1)): In calculating the
January to June monthly diversions from the Truckee River, the 1988
OCAP uses the monthly forecast for April through July runoff published
by the Natural Resources Conservation Service (NRCS) (formerly the Soil
Conservation Service). Rather than continuing to rely on that forecast
alone, Sec. 418.3(e)(1) of the proposed Adjusted OCAP provides
flexibility to examine other forecasts and allows use of a deliberative
process to determined how to manage Truckee River diversions. The
intent of this change is to allow the BOR to take advantage of other
forecasts and the experience and knowledge of the Federal Water Master,
the TCID water master, and other parties. The desired effect of this
change is to improve precision in forecasting and managing the Truckee
River diversion to the Project to avoid spills and shortages.
5. Additional Revisions: In addition to the proposed change
identified in 1. through 4. above, a number of minor revisions have
been made to the 1988 OCAP. Most changes are editorial and do not
affect the meaning of the text. Some changes provide opportunities for
consultation with interested and effected parties before BOR makes a
decision.
A few changes add language to clarify or interpret the meaning of
the 1988 OCAP in light of experience administering the OCAP, passage of
time, or new statutory provisions. Changes to the text of the 1988 OCAP
occur at:
Section 418.1: Other Project purposes are added in accordance with
Pub. L. 101-618, 104 Stat. 3289, Sec. 209 (a)(1).
Section 418.1 (c)(3) (i) (B): Explains the use of efficiencies in
calculating the MAD.
Section 418.3 (c): Calculates terminal flow in the Truckee Canal by
averaging flows during the time when water is not being diverted to
Lahontan Reservoir.
Section 418.3 (g): Subtracts Rock Dam Ditch deliveries from Carson
Division demand and adds it to Truckee Division demand.
Section 418.3 (h) (1): Water captured in Project facilities from a
spill or precautionary draw down is used to make deliveries to eligible
lands but does not count as a Project diversion or as Lahontan
Reservoir storage.
Section 418.7(b): Deletes the reference to the February 14, 1984,
Contract for Operation and Maintenance between the United States and
the District.
Section 418.9 (f) (4): Adds new text clarifying that a natural
drought greater than or equal to the debit will eliminate the debit.
Section 418.9 (h)(2): Allows TCID to divert up to the MAD if needed
to meet headgate entitlements.
Coordination With the Public
The Department developed the proposed adjustments to the 1988 OCAP
in consultation with the BOR, FWS, BIA, and other interested and
affected
[[Page 64838]]
parties in western Nevada. Four public meetings were held in Fernley,
Nevada, to discuss the four main revisions to the 1988 OCAP described
above. Participants in the public meetings were representatives from
the State of Nevada, Churchill, County, Washoe County, Town of Fernley,
TCID, Pryamid Lake Paiute Tribe, Fallon Paiute-Shoshone Tribes,
Lahontan Valley Environmental Alliance, Newlands Water Protective
Association, The Nature Conservancy, and members of the public.
Administrative Matters
This rule is not a significant rule under Executive Order
(E.O.) 12866 and does not require review by the Office of Management
and Budget.
As required by the Regulatory Flexibility Act, it is
hereby certified that this rule will not have a significant impact on
small business entities.
This rule does not include any collections of information
requiring approval under the Paperwork Reduction Act.
The Department has preliminarily determined that the
proposed rule is not a major Federal action having significant effects
on the human and natural environment. A draft environmental assessment
(EA) has been prepared on the effects of the proposed rule. The EA will
be reviewed in light of comments on the proposed rule.
The proposed rule has no substantial effects on Federalism
under the requirements of E.O. 12612.
The proposed rule does not have a significant impact on
family formulation, maintenance, and general well being under the
requirements of E.O. 12606.
The proposed rule does not represent a government action
that would interfere with constitutionally protected property rights
and does not require a Takings Implications Assessment under E.O.
12630.
The proposed rule meets the applicable standards of civil
justice reform in accordance with E.O. 12988.
The proposed rule will not result in aggregate annual
expenditures in excess of $100 million by state, local, and tribal
governments, or the private sector and is, therefore, not subject to
the requirements of Section 202 of the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4).
The author of this rule is Jeffrey Zippin of the Department of
Interior, Truckee-Carson Coordination Office.
The proposed rule replaces the 1967 OCAP regulations at 43 CFR 418.
That regulation was superseded by subsequent U.S. District Court-
approved OCAP, including the 1988 OCAP, which are the basis for this
proposed rule.
List of Subjects in 43 CFR Part 418; Irrigation, Water supply,
Newlands Irrigation Project; Operating Criteria and Procedures.
Dated: November 27, 1996
John Garamendi,
Deputy Secretary.
For the reasons set forth in the preamble, 43 CFR part 418 is
proposed to be revised as follows:
PART 418--OPERATING CRITERIA AND PROCEDURES FOR THE NEWLANDS
RECLAMATION PROJECT, NEVADA
Sec.
418.1 Conditions of water delivery.
418.2 Monitoring diversions.
418.3 Operations management.
418.4 Water rights.
418.5 Prohibited deliveries.
418.6 Violations.
418.7 Enforcement.
418.8 Water management and conservation.
418.9 Implementation.
418.10 Fallon Paiute-Shoshone Indian Reservation.
Appendix A--Expected Project Distribution System Efficiency
Authority: 32 Stat. 388, et. seq,; 43 U.S.C. 373; 70 Stat. 775;
72 Stat. 705; 104 Stat. 3289.
Sec. 418.1 Conditions of water delivery.
Project water may be delivered only to serve valid water rights
used for maintenance of wetlands, fish and wildlife including
endangered and threatened species, recreation, domestic and other uses
and for irrigation of eligible land. Domestic and other uses of Project
water are as defined by the Orr Ditch and Alpine! decrees. Eligible
land is defined as Project land which at the time of delivery has a
valid water right and either: Is Classified as irrigable pursuant to
Bureau of Reclamation (Bureau) land classification standards
(Reclamation Instruction Series 510); or has a paid out Project water
right.
(a) Irrigation deliveries. Project irrigation water deliveries may
be only to eligible land to be irrigated. The District shall maintain
records for each individual water right holder indicating the number of
eligible acres irrigated and the amount of water ordered and delivered.
(1) Eligible land actually irrigated. During each year, the
District, in cooperation with the Bureau, shall identify and report to
the Bureau the location and number of acres of eligible land irrigated
in the Project. Possible irrigation of ineligible land will also be
identified. The Bureau will review data to assure compliance with these
OCAP. The District in cooperation with the Bureau will be responsible
for field checking potential violations and immediately stopping
delivery of Project water to any ineligible land. The Bureau may also
audit as appropriate.
(2) Eligible land with transferred water rights. The District water
rights maps dated August 1981 through January 1983 will be used as the
basis for determining lands which have a valid water right. The
original maps will be maintained by the District. The District shall
provide copies of the maps to the Bureau. The District will alter the
maps and the copies to account for water right transfer as they are
approved by the Nevada State Engineer.
(3) Other eligible land. The Bureau will also identify eligible
land that was not irrigated during the prior irrigation season.
(4) Notification and review. (i) Eligible land anticipated to be
irrigated. (A) Anticipated changes in irrigated eligible land from the
prior year will be reported to the Bureau's Lahontan Basin Projects
Office by the District by March 1 of each year. The District will
adjust the acreage of the eligible land anticipated to be irrigated to
correct for inaccuracies, water right transfer that have been finally
approved by the Nevada State Engineer, and any other action than
impacts the number of eligible acres, acres anticipated to be
irrigated, or water deliveries. As the adjustments are made, the
District will provide updated information to the Bureau for review and
approval. The District shall adjust anticipated water allocations to
individual water users accordingly.
The allocations will be based on a maximum annual entitlement of
3.5 acre-feet (AF) per acre of bottom land, 4.5 AF per acre of bench
land, and 1.5 AF per acre of pasture land that is anticipated to be
irrigate and not by the number of water-righted acres.
(B) The District will provide the individual water users with the
approved data regarding the anticipated acreage to be irrigated and
water allocations for each water user that year. Any adjustments based
on changes in lands anticipated to be irrigated during the irrigation
season must be reported by the individual water user to the District.
The District will, in turn, notify the Bureau of any changes in
irrigated acreage which must be accounted for. Each landowner's
anticipated acreage must be less than or equal to the landowner's
eligible acreage.
(C) Should a landowner believe that the number of acres of eligible
land he or she is entitled to irrigate is different from the number of
acres as approved by the Bureau, the landowner is
[[Page 64839]]
required to notify the District and present appropriate documentation
regarding the subject acreage. The District shall record the
information and present the claim to the Bureau for further
consideration. If the Bureau determines that there is sufficient
support for the landowner's claim, then adjustments will be made to
accommodate the changes requested by the landowner. If the Bureau
disallows the landowner's claim, the Bureau shall notify the District
is writing. The District will, in turn, inform the landowner of the
disposition of the claim and the reasons, therefore, and will further
instruct the landowner that he or she may seek judicial review of the
Bureau's determination pursuant to the Orr Ditch and Alpine decrees. If
the dispute affects the current year, then the Bureau and the District
will seek to expedite any court proceeding.
(ii) Changes in domestic and other uses. By March 1 of each year,
the District shall reports to the Bureau all anticipated domestic and
other uses. This notification shall include a detailed explanation of
the criteria utilized in allowing the use and sufficient documentation
on the type and amount of use by each water user to demonstrate to the
satisfaction of the Bureau that each water user is in compliance with
the criteria. With adequate documentation, the District may notify the
Bureau of any changes in domestic water requirements at any time during
the year.
(b) Water duty. (1) Eligible land may receive no more than the
amount of water in acre-feet per year established as maximum farm
headgate delivery allowances by the Orr Ditch and Alphine decrees. All
water use is limited to that amount reasonably necessary for economical
and beneficial use pursuant to the Orr Ditch and Alpien decrees.
(2) The annual water duty as assigned by the Orr Ditch and Alpine
decrees is a maximum of 4.5 AF per acre for bench lands and a maximum
of 3.5 AF per acre for bottom lands. The water duty for fields with a
mixture of bench and bottom lands shall be the water duty of the
majority acreage. Bench and bottom land designations as finally
approved by the United States District Court for the District of Nevada
will be used in determining the maximum water duty for any parcel of
eligible land. The annual water duty for pasture land established by
contract is 1.5 AF per acre.
(c) Deliveries, efficiency, and maximum limits. The OCAP will
constrain the operation of the Project on a long term average basis to
achieve the full benefits for all the region's water users through
three basis elements: valid headgate deliveries; Project efficiency
with incentives and disincentives; and maximum operating limits or
cushions.
(1) Valid headgate deliveries. The valid water deliveries at the
headgate are set by the product of eligible land actually irrigated
multiplied by the appropriate water duty in accordance with
Secs. 418.1(a) and 418.1(b). The District will regularly monitor all
water deliveries and report in accordance with Sec. 418.1(a). No amount
of water will be permitted to be delivered in excess of the individual
water user's headgate entitlement. In the event it should occur, such
amount will be automatically reflected in the efficiency deficit
adjustment to the Lahontan storage. Water delivered in excess of
entitlements shall not be considered valid for purposes of computing
project efficiency.
(2) Project efficiency. (i) The principal feature of the OCAP is to
obtain a reasonable level of efficiency in supplying water to the
headgate by the District. The efficiency targets established by these
OCAP are the cornerstone of the enforcement and the incentive
provisions and when implemented will aid other competing uses.
(ii) The efficiency approach has the advantage of being readily
calculable at the year's end, easily convertible to water appropriate
to that year, able to be compared to other systems even though there
may be many dissimilarities, appropriate for long term averaging,
adjustable to any headgate delivery level including droughts or
allocations, automatically adjusts to changes during the year, and it
accurately accounts for misappropriated water. It also can be achieved
through any number of measures from operations to changes in the
facilities and can be measured as an end product without regard to the
approach. Thus it is flexible to allow local decision making and yet is
fact based to minimize disputes.
(iii) Assuming that the headgate deliveries are valid and
enforceable, the efficiency is the only remaining variable in
determining the water needed to be supplied to the District. Efficiency
is a measure of how much water is required for system losses relative
to actual headgate deliveries. Differences in efficiency, therefore,
are directly convertible to acre-feet. The differences in efficiency,
expressed as a quantity in acre-feet, may be added to or subtracted
from the actual Lahontan Reservoir storage level before it is compared
to the monthly storage objective. Thus the diversions from the Truckee
River, operation of other facilities (e.g., Stampede Reservoir) and
decisions related to Lahontan Reservoir are made after the efficiency
storage adjustments have been made. Operating decisions are made as if
the adjusted storage reflected actual conditions.
(A) Effiency incentive credits. In any year that the District's
actual efficiency exceeds the target efficiency for the actual headgate
delivery, two-thirds of the resultant savings, in water, will be
credited to the District as storage in Lahontan. This storage amount
will remain in Lahontan as water available to the District to use at
its discretion consistent with Nevada and Federal law. Such uses may
include wetlands (directly or incidentally), power production,
recreation, a hedge against future shortages or whatever else the
district determines. The storage is credited at the end of the
irrigation season from which it was earned. This storage ``floats'' on
top of the reservoir so that if it is unused it will be spilled first
if the reservoir spills. The District may use all capacity of Lahontan
Reservoir not needed for project purposes to store credits.
(B) Efficiency disincentive debits. In any year that the District's
actual efficiency falls short of the target appropriate to the actual
headgate deliveries, then the resultant excess water that was used is
considered borrowed from the future. Thus it becomes a storage debit
adjustment to the actual Lahonthan Reservoir storage level for
determining all operational decisions. The debit may accumulate but may
not exceed a maximum as defined in Sec. 418.1(c)(3)(ii). The debit must
be offset by an existing incentive credit or, if none is available, by
a subsequent incentive at a full credit (not a 2/3 credit) or finally
by an allocation by the District to restrict actual headgate
deliveries. This would only be done prospectively (a subsequent year)
so the District and the water users can prepare accordingly. Since the
debit does not impact immediately on other competing uses or the
District (except in a real drought), it allows for planning ahead and
averaging over time.
(C) Efficiency targets. The goal is to have the District operate at
a reasonably efficient level. The OCAP establish reasonable efficiency
targets. The key to the target efficiencies, therefore, is the
application of ``reasonable''. To determine the efficiency target, the
system delivery losses were divided into categories such as seepage,
evaporation and operational losses. The ``reasonable'' level of savings
for each category was then determined by
[[Page 64840]]
starting with current operating experience and applying the added
knowledge from several possible measures researched, identified and
subjected to public comment. Not all of these measures were then
utilized nor was their full potential savings claimed. The derivation
of the efficiency targets, including the specific measures and amounts,
is identified in the following table.
Newlands Project Water Budget
----------------------------------------------------------------------------------------------------------------
1988 OCAP,
1988 1988 OCAP, 1992 w/o Proposed
Line OCAP,\1\ 1992 additional 1995
Base assumptions acres example
----------------------------------------------------------------------------------------------------------------
1.... Irrigated Acreage (acres)............................ 60,900 64,850 61,630 59,023
2.... Maximum Headgate Entitlement \2\..................... 226,450 237,485 226,555 206,230
Distribution System Losses
Evaporation:
3.... Canals/Laterals.................................... 6,000 6,200 6,000 5,838
4.... Regulatory Reservoirs.............................. 15,000 7,500 7,500 7,500
Seepage:
5.... Canals/Laterals.................................... 50,000 51,000 48,500 46,481
6.... Regulatory Reservoirs.............................. 7,000 4,000 4,000 4,000
7.... Operational Losses................................. 87,980 40,800 39,400 38,270
---------------------------------------------------
8.... Total Losses \3\.................................. 165,980 109,500 105,400 102,089
9.... Max. Allowable Diversion \4\ (MAD)................... 392,430 346,985 331,955 308,319
10... Projected Efficiency (%) \5\ Assuming 100% Water Use. 58.4 68.4 68.2 66.9
11... Expected Headgate Entitlement Unused \6\............. 20,930 23,700 22,700 13,611
12... Diversion Reduction for Unused Water \7\............. 25,430 26,500 25,400 15,279
13... Expected Irrigation Diversions \8\................... 367,000 320,485 306,555 293,040
14... Expected Efficiency (%)\9\........................... 56.0 66.7 66.5 \10\ 65.7
----------------------------------------------------------------------------------------------------------------
\1\ All values are in acre-feet except where noted. The first 3 columns of numbers come from the 1988 OCAP,
Table 1.
\2\ Derived by multiplying the acreage by the appropriate water duty.
\3\ In deriving the 1988 OCAP water budget, it was recognized that the District had reduced losses by 7,400 acre-
feet prior to 1988.
\4\ Maximum Headgate Entitlement (line 2) plus Total Losses (line 8).
\5\ Maximum Headgate Entitlement (line 2) divided by Maximum Allowable Diversion (line 9) multiplied by 100.
\6\ Water delivery records show that, historically, lands have been irrigated with less than their full
entitlement. In the 1988 OCAP base the unused portion of the entitlement was assumed to be approximately 9%;
in the 1988 OCAP 10%; in the 1995 example 6.8%.
\7\ Unused Water (line 11) plus a proportional share of Operational Loss (line 7).
\8\ Maximum Allowable Diversion (line 9) minus Diversion Reduction (line 12).
\9\ Maximum Headgate Entitlement (line 2) minus Unused Water (line 11) divided by Expected Irrigation Diversion
(line 13) multiplied by 100.
\10\ Expected efficiency at 93.4% use of headgate entitlement; other entries based on 90%.
(1) These water conservation measures and others currently
available to the District are listed in the following table. The table
has been revised in this proposed OCAP based upon the Bureau of
Reclamation's Final Report to Congress of the Newlands Project
Efficiency Study, 1994.
Possible Water Conservation Measures for the Newlands Project
------------------------------------------------------------------------
Expected
savings in acre-
Conservation measures \1\ feet (AF) per Notes
year \2\
------------------------------------------------------------------------
1. Water ordering.............. 1,000 Require 48-hour
advance notice.
2. Adjust Lahontan Dam \3\++ Match releases to
frequently. demand with daily
adjustments.
3. Increase accuracy of 16,630 Account for deliveries
delivery records. to nearest cfs and to
nearest minute.
4. Change operation of \4\?? Eliminate use of all
regulating reservoirs. or parts of
regulating
reservoirs; drain at
end of season.
5. Shorten irrigation season... 4,000 Reduced by 2 weeks.
6. Control delivery system..... ++ Eliminate spills,
better scheduling
grouping deliveries.
7. System improvements......... ?? O&M activity: repair
leaky gates, reshape
canals, improve
measuring devices.
8. Dike off 2/3 S-Line 2,720 500 ft. dike; (5'
Reservoir. evaporation, 0.75'
seepage).
9. Dike off south half of 2,130 5,000 ft. dike; large
Harmon Reservoir. savings considering
canal losses 95'
evap., 1.8' seepage).
10. Dike off west half of 2,400 6,000 ft. dike.
Sheckler Reservoir.
11. Eliminate use of Sheckler 4,000 Use for Lahontan spill
Reservoir. capture only; restore
200 ft. of E-Canal; A-
Canal is OK.
12. Line 20 miles of Truckee 20,000 Reduces O&M.
Canal.
13. Line large canals.......... 26,100-31,000 Line large net losers
first.
14. Line regulatory reservoirs. 2.3 ......................
15. Reuse drain water for 7,100 Blended irrigation
irrigation. water quality would
be adequate.
16. Ditch rider training each ?? ......................
year.
17. Canal automation........... ?? Reduced canal
fluctuations.
18. Community rotation system.. ?? Grouping deliveries by
area.
[[Page 64841]]
19. Reclamation Reform Act ?? District
water conservation plan: implementation of
water conservation
plan.
a. Weed and phreatophyte
control.
b. Fix gate leaks.
c. Water measurement.
d. Automation.
e. Communication.
20. Pumps and wells for small 400 ......................
diverters.
21. Water pricing by amount ++ Incurs administrative
used. costs to implement.
22. Incentive programs......... ?? For District personnel
and/or water users.
23. Drain canals............... 1,065 ......................
------------------------------------------------------------------------
\1\ The first seven measures were considered in developing the water
budget in Table 1 for the 1988 OCAP. Additional measures could be
implemented by the District to help achieve efficiency requirements.
\2\ Water savings have been updated in accordance with Bureau of
Reclamation's Report to Congress on Newlands Project Efficiency, April
1994.
\3\ ++ indicates a positive number for savings but not quantifiable at
this time.
\4\ ?? indicates uncertainty as to savings.
(2) These measures are discretionary choices for the District. The
range of measures available to the District provides a level of
assurance that the target efficiency is reasonably achievable. The
resultant efficiency targets were also compared to the range of
efficiencies actually experienced by other irrigation systems that were
considered comparable in order to provide a further check on
``reasonable''. Most of the delivery losses are relatively constant
regardless of the amount of deliveries. The efficiency will necessarily
vary with the amount of headgate deliveries.
(D) The target efficiency for any annual valid headgate delivery
can be derived from the figure in Appendix A to this part.
(3) Maximum allowable limits. (i) Maximum allowable diversions. (A)
The water budget in the table Newlands Project Water Budget shall be
recalculated for each irrigation season to reflect anticipated water-
righted acres to be irrigated. Based on the anticipated irrigation
demand, the required target efficiency shall be recalculated each
irrigation season. The maximum allowable diversion (MAD) for each year
shall be determined based on: acres of eligible land anticipated to
actually be irrigated in that year (Sec. 418.1(a)); the water duties
for those lands (Sec. 418.1(b)); and the established efficiency of the
project water distribution system (Appendix A). The MAD will be
calculated annually to assure an adequate water supply for all water
right holders whose water use complies with their decreed entitlement
and these OCAP. The MAD is the maximum amount of water permitted to be
diverted for irrigation use on the Project in that year. It is
calculated to ensure full entitlements can be fulfilled, but is
expected to be significantly in excess of Project requirements. The MAD
will be established by the Bureau at least two weeks prior to the start
of each irrigation season. All releases of water from Lahontan
Reservoir and diversions from the Truckee Canal (including any
diversions from the Truckee Canal to Rock Dam Ditch) shall be charged
to the MAD except as provided in Secs. 418.3 and 418.9 of these OCAP
(B) On the basis of the methodology adopted herein (i.e., actual
irrigated acres multiplied by appropriate water duties divided by
established project efficiency) an example of the MAD calculated for
the projected irrigated acreage as shown in the table Newlands Project
Water Budget would be 308,319 acre-feet for Proposed 1995 Example. The
sample MAD corresponds to a system efficiency for full deliveries at
66.9% for 1995 actual acres. Appendix A shows the sliding scale for
target efficiencies which will be used over the range of water supply
condition and headgate deliveries expected in the future. Target
efficiencies shall be based on the percentage of maximum headgate
entitlement delivered and not on the percent of water supply available.
In Appendix A of this part, the sliding scale for 1995 Actual Acres
shall be used to determine that target efficiencies for all irrigation
years subsequent to 1995.
(C) Adjustments in the MAD shall be made by the Bureau each year
based on changes in irrigated eligible land from the prior year and
subsequent decisions concerning transfers of Project water rights,
using the methodology established herein.
(D) In the event the District concludes the MAD for a given year
will not meet the water delivery requirements for the eligible land to
be irrigated in that year due to weather conditions, canal breaks, or
some other unusual or unforeseen condition, the District shall submit a
written request to the Bureau for such additional water considered
necessary to make up for the specified loss and supply decreed
entitlements. The District shall set forth a full detailed, factual
statement of the reasons for the request. The Bureau shall promptly
review the request and after consultation with the Federal Water Master
and other interested parties, will determine if the request or any
portion of it should be approved. The Bureau will make reasonable
adjustments for unforeseen cause or events but will not make
adjustments to accommodate waste or Project inefficiency. The Bureau
will then notify the District of its determination. If the District
does not agree with the Bureau's decision, it may seek judicial review.
The Bureau and the District will seek to expedite the court proceeding
in order to minimize any potential adverse impacts.
(ii) Maximum Allowable Efficiency Debits (MED)--The debits in
Lahontan Reservoir storage from the District's actual efficiency
falling short of the target can accumulate over time. If these amounts
of borrowed storage get too large they may not be offset later by
increased efficiencies and may severely impact the District's water
users by an added ``drought'' on top of a real one. Therefore, a limit
was placed on how much could be borrowed or accumulated. The limit
should also be large enough to allow reasonable opportunity to average
out over time. This maximum efficiency debit cushion is 26,000 acre-
feet. However, unlike the MAD, it only applies to the subsequent year's
operation. The MED is approximately 9% of the headgate entitlements.
[[Page 64842]]
Sec. 418.2 Monitoring diversions.
(a) Operations. (1) By the end of each month, the District shall
submit to the Bureau's Lahontan Basin Projects Office reports for the
previous month which document monthly inflow and outflow in acre-feet
from the Truckee and Carson divisions of the Project for that month.
Reports shall include any data the Bureau may reasonably require to
monitor compliance with these OCAP.
(2) Accounting for farm headgate deliveries shall be based on the
amount of water actually delivered to the water user. Project
operations shall provide for the amount of water ordered and the
distribution system losses.
(3) The District shall keep records of all domestic and other uses
showing the purpose and amount of water usage for each entity. The
District shall make the records available for review by the Bureau upon
request. The Bureau shall have the right to audit all records kept by
the District.
(b) Operations monitoring. (1) The Bureau will work in cooperation
with the District to monitor the operation of the Project. The Bureau's
personnel shall perform field inspections of water distribution during
the irrigation season. Staff members of the Bureau's Lahontan Basin
Projects Office and the District will meet as often as necessary during
the irrigation season after each water distribution report has been
prepared to examine the amounts of water used to that point in the
season. On the basis of the information obtained from field
observations, water use records, and consultations with District staff,
the Bureau will determine at monthly intervals whether the rate of
diversion is consistent with the OCAP for that year. The District will
be informed in writing of suggested adjustments that may be made in
management of diversions and releases as necessary to achieve target
efficiencies and stay within the MAD.
(2) Project operations will be monitored in part by measuring flows
at key locations. Specifically, Project diversions (used in the
calculations under Sec. 418.1(c) above) will be determined by adding
flows measured at:
(i) Truckee Canal near Wadsworth--U.S. Geological Survey (USGS)
gauge number 10351300;
(ii) Carson River below Lahontan Dam--USGS gauge number 10312150;
(iii) Rock Dam Ditch near the end of the concrete lining; and
subtracting:
(iv) Flows measured at the Truckee Canal near Hazen--USGS gauge
number 10351400;
(v) The Carson River at Tarzyn Road near Fallon (below Sagouspe
Dam) for satisfying water rights outside of the Project boundaries as
described in Sec. 418.3(I), USGS gauge number 10312275;
(vi) Estimated losses in the Truckee Canal; and
(vii) Spills, precautionary drawdown, and incentive water released
at Lahontan Dam pursuant to Secs. 418.3 and 418.9.
Sec. 418.3 Operations and management.
(a) Power generation. All use of water for power generation using
Project water shall be incidental to releases charged against Project
diversions, precautionary drawdown, incentive water (Sec. 418.9(c)), or
spills.
(b) Truckee and Carson River water use. Project water shall be
managed so that maximum use will be made of Carson River water and
diversions of Truckee River water through the Truckee Canal will be
minimized in order to make available as much Truckee River water as
possible for use in the lower Truckee River and Pyramid Lake.
(c) Diversions at Derby Dam. Diversions of Truckee River water at
Derby Dam shall be managed to the maximum extent practical with the
objective of maintaining minimum terminal flow to Lahontan Reservoir or
the Carson River except where these criteria specifically permit such
diversions. Diversions to the Truckee Canal shall be managed to achieve
an average terminal flow of 20 cubic feet per second (cfs) or less
during times when diversions to Lahontan Reservoir are not allowed (the
flows shall be averaged over the total time diversions are not allowed
in that calendar year; i.e., if flows are not allowed in July and
August and then are allowed in September then not allowed in October
and November, the average flow will be averaged over the four months of
July, August, October, and November). The Bureau will work
cooperatively with the District on monitoring the flows at the USGS
gage on the USGS gage on the Truckee Canal near Hazen to determine if
and when flows are excessive and bringing the flows back into
compliance when excessive. Increases in canal diversions which would
reduce river flows below Derby Dam, by more than 20% in a 24-hour
period will not be allowed when Truckee River flow, as measured by the
gauge below Derby Dam, is less than or equal to 100 cfs. Diversions to
the Truckee Canal will be coordinated with releases from Stampede
Reservoir, in cooperation with the Federal Water Master, to minimize
fluctuations in the Truckee River below Derby Dam in order to meet
annual flow regimes established by the United States Fish and Wildlife
Service for listed species in the lower Truckee River.
(d) Diversions from the Truckee River to the Truckee Division--
Sufficient water, if available, shall be diverted from the Truckee
River through the Truckee Canal to meet the direct irrigation, domestic
and other entitlements of the Truckee Division.
(e) Criteria for Diversions from the Truckee River to Lahontan
Reservoir, January through June.
(1) Truckee River diversions through the Truckee Canal will be made
to meet Lahontan Reservoir end-of-month storage objectives for the
months of January through June. The current month storage objective
will be based in part on the monthly United States April through July
runoff forecast for the Carson River near Fort Churchill, to meet
anticipated diversion requirements for the Carson Division, and target
storage for Lahontan Reservoir. The Bureau in consultation with the
District, Federal Water Master, Fish and Wildlife Service, the Pyramid
Lake Paiute Tribe, and other affected parties will determine the
exceedance levels and predicted Carson River inflows to use, based on
the reliability of the forecast and other information such as river
forecasts available from other sources. The end-of-month storage
targets may be adjusted any time during the month as new forecasts or
other information become available.
(2) The January through June storage objective will be calculated
using the following relationship:
LSOCM=TSM/J-(C1 x AJ)+L+(C2 x CDT)
where:
LSOCM=current end-of-month storage objectives for Lahontan Reservoir.
TSM/J=current end-of-month May/June Lahontan Reservoir target storage.
C1 x AJ=forecasted Carson River inflow for the period from the end of
the current month through May or June, with AJ being the Bureau's April
through July runoff forecast for the Carson River at Fort Churchill and
C1 being an adjustment coefficient.
L=an average Lahontan Reservoir seepage and evaporation loss from the
end of the current month through May or June.
C2 x CDT=projected Carson Division demand from the end of the current
month through May or June, with CDT being the total Carson Division
diversion requirement (based on eligible acres anticipated to be
irrigated times the appropriate duty times a 95% usage rate), and C2
being the estimate of the portion of the total diversion requirement to
[[Page 64843]]
be delivered during this period. Values for TSM/J, C1, L and C2 are
defined in the following table.
Monthly Values for Lahontan Storage Computations
----------------------------------------------------------------------------------------------------------------
January February March April May June
----------------------------------------------------------------------------------------------------------------
TSM/J....................... 174.0 174.0 174.0 174.0 174.0 174.0
C1/MAY...................... 0.863 0.734 0.591 0.394 ............ ...........
C1/JUNE..................... 1.190 1.061 0.918 0.721 0.327 ...........
L/MAY....................... 13.9 12.5 9.9 7.1 ............ ...........
L/JUNE...................... 18.2 16.8 14.2 11.4 4.3 ...........
C2/MAY...................... 0.30 0.30 0.28 0.18 ............ ...........
C2/JUNE..................... 0.47 0.47 0.45 0.35 0.17 ...........
----------------------------------------------------------------------------------------------------------------
(3) For January through April, the Lahontan Reservoir storage
objective for each month will be the lowest of the May calculation, the
June calculation, or full reservoir (defined as 295,000 acre-feet using
Truckee River diversions, but can fill above 295,000 acre-feet to
317,000 acre-feet with Carson River inflow and the use of flash
boards).
(4) For May, the Lahontan Reservoir storage objective will be the
lower of the June calculation or full reservoir.
(5) For June, the Lahontan Reservoir storage objective will be the
June target storage.
(6) Once the monthly Lahontan Reservoir storage objective has been
determined, the monthly diversion to the Project from the Truckee River
will be based upon water availability and Project demand as expressed
in the following relationship:
TRD =TDD+TCL+CDD+LRL +LSOCM-ALRS-CRI
where:
TRD=current month Truckee River diversion acre-feet to the Project.
TDD=current month Truckee River Division demand.
TCL=current month Truckee Canal conveyance loss.
CDD=current month Carson Division demand.
LRL=current month Lahontan Reservoir seepage and evaporation losses.
LSOCM=current month end-of-month storage objective for Lahontan
Reservoir.
ALRS=current month beginning-of-month storage in Lahontan Reservoir.
(Includes accumulated Stampede credit described below and further
adjusted for the net efficiency penalty or efficiency credit described
in Secs. 418.1 and 418.9).
CRI=current month anticipated Carson River inflow to Lahontan Reservoir
(as determined by Reclamation in consultation with other interested
parties).
(7) The following procedure is intended to ensure that monthly
storage objectives are not exceeded. It may be implemented only if the
following conditions are met:
(i) Diversions from the Truckee River are required to achieve the
current month Lahontan Reservoir storage objective (LSOCM);
(ii) Truckee River runoff above Derby Dam is available for
diversion to Lahontan Reservoir; and
(iii) Sufficient Stampede Reservoir storage capacity is available.
(8) The Bureau, in consultation with the Federal Water Master, the
District, Fish and Wildlife Service, the Bureau of Indian Affairs, and
the Pyramid Lake Paiute Tribe will determine whether the calculated
current month Truckee River diversion to Lahontan Reservoir (TRD-TDD-
TCL) may be reduced during the month and the amount of reduction credit
stored in Stampede Reservoir. Reductions in diversions to Lahontan
Reservoir with credit storage in Stampede Reservoir may be implemented
to the extent that: The reduction is in lieu of a scheduled release
from Stampede Reservoir for the purpose of supplementing flows to
Pyramid Lake; and/or water is captured in Stampede Reservoir that is
scheduled to be passed through and diverted to the Truckee Canal. Any
proposal to reduce diversions to Lahontan Reservoir for Newlands
Project credit purposes without a comparable reduction in release from
Stampede Reservoir (any conversion of Stampede Reservoir project water
to Newlands Project credit water) would have to be approved by the Fish
and Wildlife Service.
(i) The diversion to Lahontan Reservoir may be adjusted any time
during the month as revised runoff forecasts become available. The
accumulated credit will be added to current Lahontan Reservoir storage
(ALRS) in calculating TRD. If the sum of accumulated credit and
Lahontan Reservoir storage exceeds 295,000 acre-feet, credit will be
reduced by the amount in excess of 295,000 acre-feet. Credit will also
be reduced by the amount of precautionary drawdown or spills in that
month. If the end-of-month storage in Lahontan Reservoir plus the
accumulated credit in Stampede Reservoir at the end of June exceeds the
end-of-month storage objective for Lahontan, the credit will be reduced
by the amount exceeding the end-of-month storage objective.
(ii) Following consultation with the District, the Federal Water
Master, and other interested parties as appropriate, the Bureau may
release credit water for Project purposes from July 1 through the end
of the irrigation season in which the credit accrues with timing
priority given to meeting current year Project irrigation demands.
Conveyance of credit water in the Truckee Canal shall be in addition to
regularly scheduled diversions for the Project and will be measured at
the USGS gauge number 10351300 near Wadsworth. Newlands credit water in
Stampede Reservoir storage will be subject to spill and will not carry
over to subsequent years. Newlands credit water in Stampede can be
exchanged to other reservoirs and retain its priority.
(iii) The Bureau, in consultation with the District, the Federal
Water Master, and other interested parties, may release Newlands
Project credit water before July 1. Prior to such release, the credit
shall be reduced to the extent that Lahontan Reservoir storage plus
accumulated credit at the end of the previous month exceeds the storage
objectives for that month. If any Newlands credit water remains in
Stampede Reservoir storage after the end of the current irrigation
season in which it accumulated, it will convert to water for cui-ui
recovery and will no longer be considered available for Newlands credit
water. Newlands credit water stored in Stampede Reservoir shall be
available for use only on the Carson Division of the Newlands Project.
(9) Subject to the provisions of Sec. 418.3(c), LSOCM may be
adjusted as frequently as necessary when new information indicates the
need and
[[Page 64844]]
diversions from the Truckee River to the Truckee Canal shall be
adjusted daily or otherwise as frequently as necessary to meet the
monthly storage objective.
(f) Criteria for Diversion of Truckee River Water to Lahontan
Reservoir, July through December. Truckee River diversions through the
Truckee Canal to Lahonton Reservoir from July through December shall be
made only in accordance with the following table.
------------------------------------------------------------------------
Storage
Operating month target
(AF)
------------------------------------------------------------------------
July.......................................................... 139,000
August........................................................ 95,000
September..................................................... 64,000
October....................................................... 52,000
November...................................................... 74,000
December...................................................... 101,000
------------------------------------------------------------------------
\1\ Diversions shall be started to achieve the end-of-month storage
targets listed in the table above and will be discontinued when
storage is forecast to meet or exceed the end-of-month storage targets
at the end of the month. Diversions may be adjusted any time during
the month as conditions warrant (i.e., new forecasts, information from
other forecasts becoming available, or any other new information that
may impact stream forecasts). The end-of-the-month storage targets may
be adjusted by procedures provided in Sec. 418.9.
(g) Rock Dam Ditch. Project water may be diverted directly to Rock
Dam Ditch from the Truckee Canal only when diversions cannot be made
from the outlet works of Lahontan Reservoir. Such diversions will
require the prior written approval of the Bureau and be utilized in
calculating Project diversions. During the period January through June
of such operation, the projected total delivery to Rock Dam Ditch from
the end of the current month through May or June will be subtracted
from the projected Carson Division demand (C2* CDT) in calculating the
current end-of-month storage objective for Lahontan Reservoir (LSOCM),
and added to Truckee Division demand in calculating Truckee River
diversion (TRD) in conformance with the procedures set forth in
Sec. 418.3(e).
(h) Precautionary drawdown and spills from Lahontan Reservoir. (1)
Even though flood control is not a specifically authorized purpose of
the Project, at the request of the District and in consultation with
other interested parties and the approval of the Bureau, precautionary
drawdown of Lahontan Reservoir may be made only for the purpose of
limiting potential flood damage along the Carson River. Criteria for
precautionary drawdown will be formulated by the Bureau in consultation
with the District and other interested parties. The drawdown shall be
scheduled sufficiently in advance and at such a rate of flow in order
to divert as much water as possible into the Project irrigation system
for delivery to eligible land or storage in reregulating reservoirs for
later use on eligible land. During periods of precautionary drawdown,
or when water is spilled from Lahontan Reservoir, Project diversions
will be determined by comparison with other year's data and normalized
by comparison of differences in climatological data. The Bureau will
determine the normalization in consultation with the District and other
interested parties. Spills from Lahontan Reservoir and precautionary
drawdown of the reservoir to create space for storing flood waters from
the Carson River Basin that are in excess of the normalized diversions
will not be used in calculating Project diversions. Water captured in
Project facilities as a result of a precautionary drawdown or spill
will not be counted as diversions to the Project nor will they be
counted as storage in Lahontan Reservoir for the purpose of calculating
Truckee River Diversions. The precautionary drawdown or spills that are
captured in Project facilities shall be measured, used to the maximum
extent possible, and counted as deliveries to eligible lands in the
year of the drawdown. If all the drawdown water captured in Project
facilities cannot be used in the year of capture for delivery to
eligible lands then that water shall be delivered to eligible lands in
subsequent years to the maximum extent possible and counted on the
water card of the water user.
(2) If a precautionary drawdown in one month results in a failure
to meet the Lahontan Reservoir storage objective for that month, the
storage objective in subsequent months will be reduced by one-half of
the difference between that month's storage objective and actual end-
of-month storage. The Bureau shall not be liable for any damage or
water shortage resulting from a precautionary drawdown.
(i) Water use for other than Newlands Project purposes. The
District will release sufficient water to meet the vested rights below
Sagouspe Dam as specified in the Alpine decree. These water rights are
usually met by return flows. Releases for these water rights will in no
case exceed the portion of 1,300 acre-feet per year not supplied by
return flows. This water shall be accounted for at the USGS gage number
10312275 (the Carson River at Tarzyn Road near Fallon). Releases for
this purpose will not be considered in determining Project diversions
since the lands to which the water is being delivered are not part of
the Project (See Sec. 418.2(b)). Any flow past this gage in excess of
the amount specified herein will be absorbed by the District as an
efficiency loss.
(j) Charges for water use. The District shall maintain a financing
and accounting system which produces revenue sufficient to repay its
operation and maintenance costs and to discharge its debt to the United
States. The District should give consideration to adopting a system
which provides reasonable financial incentives for the economical and
efficient use of water.
(k) Distribution system operation. The District shall permit only
its authorized employees or agents to open and close individual
turnouts and operate the distribution system facilities. After
obtaining Bureau approval, the District may appoint agents to operate
individual headgates on a specific lateral if it can be shown that the
water introduced to the lateral by a District employee is completely
scheduled and can be fully accounted for with a reasonable allowance
for seepage and evaporation losses. If agents need to adjust the
scheduled delivery of water to the lateral to accommodate variable
field conditions, weather, etc., they must immediately notify the
District so proper adjustments can be made in the distribution system.
Each agent shall keep an accurate record of start and stop times for
each delivery and the flow during delivery. This record will be given
to the District for proper accounting for water delivered. The program
of using agents to operate individual headgates will be reviewed on a
regular basis by the District and the Bureau. If it is found that
problems such as higher than normal losses, water not accounted for,
etc., have developed on an individual lateral, the program will be
suspended and the system operated by District employees until the
problems are resolved.
Sec. 418.4 Water rights
These OCAP govern water uses within existing rights. These OCAP do
not in any way change, amend, modify, abandon, diminish, or extend
existing rights. Water rights transfers will be determined by the
Nevada State Engineer pursuant to the provisions of the Alpine decree.
Sec. 418.5 Prohibited deliveries.
The District shall not deliver Project water or permit its use
except as provided in these OCAP. No Project water will be permitted to
be released in excess of the MAD or delivered to ineligible lands.
Delivery of water to land in excess of established water duties is
prohibited.
[[Page 64845]]
Sec. 418.6 Violations.
Violations of the terms and provisions of these OCAP shall be
reported immediately to the Bureau. The District or individual water
users will be responsible for any shortages to water users occasioned
by waste or excess delivery or delivery of water to ineligible land as
provided in the OCAP.
Sec. 418.7 Enforcement.
(a) Conditions of delivery. There are four basic elements for
enforcement with all necessary quantities and review determined in
accordance with the relevant sections of this OCAP
(1) Valid headgate deliveries. In the event it is determined that
water was delivered in ineligible land or in excess of the appropriate
water duty then:
(i) The District will stop such illegal delivery immediately;
(ii) The District will notify the Bureau of the particulars
including location and amounts--known or estimated;
(iii) The amount will not be included as a valid headgate for
purposes of computing the Project efficiency and resultant incentive
credit or debit to Lanhontan storage; and
(iv) If the amount applies to a prior year, then the amount will be
treated directly as a debit to Lahontan storage in the same manner as
an efficiency debit.
(2) District efficiency. To the extent that the actual District
efficiency determined for an irrigation season is greater or less than
the OCAP established target efficiency as determined for the
corresponding actual valid headgate deliveries, then the difference in
efficiency, expressed as a quantity in acre-feet, may be added to or
subtracted from the actual Lahontan Reservoir storage level before it
is compared to the monthly storage objective as follows:
(i) Greater efficiency. Credited to the District as storage in
Lahontan (subtracted) from any accumulated debit, or two-thirds as
storage in Lahontan for their discretionary use in accordance with
state law.
(ii) Less efficient. Debited (added) to Lahontan storage as an
adjustment to the actual storage level.
(3) Maximum Allowable Diversion (MAD). The MAD shall be computed
each year to deliver full entitlements at established Project
efficiencies. Project diversions shall not exceed the MAD. Within the
operating year, the Bureau will notify the District in writing of any
expected imminent violations of the MAD. The District will take prompt
action to avoid such violations. The Bureau will exercise reasonable
latitude month-to-month to accommodate the District's efforts to avoid
exceeding the MAD.
(4) Maximum Efficiency Debit (MED). If the MED exceeds 26,000 AF at
the end of any given year, the District shall prepare and submit to the
Bureau for review and approval, a plan detailing the actions the
District will take to either earn adequate incentive credits or to
restrict deliveries to reduce the MED to less than 26,000 AF by the end
of the next year. The plan shall be submitted to the Bureau in writing
prior to the date of March 1 immediately subsequent to the exceeding of
the MED. If the District fails to submit an approvable plan, Project
allocations will be reduced by an amount equal to the MED in excess of
26,000 plus 13,000 (one-half the allowable MED). Nominally this will
mean a forced reduction of approximately five percent of entitlements.
The Bureau will notify the District in writing of the specific
allocation and method of derivation in sufficient time for the District
to implement the allocation. Liabilities arising from shortages
occasioned by operation of this provision shall be the responsibility
of the District or individual water users.
(b) Project management. In addition to the provisions of
Sec. 418.7(a), in the event the District is found to be operating
Project facilities or any part thereof in substantial violation of
these OCAP, then, upon the determination by the Bureau, the Bureau may
take over from the District the care, operation, maintenance, and
management of the diversion and outlet works (Derby Dam and Lahontan
Dam/Reservoir) or any or all of the transferred works by giving written
notice to the District of such determination and the effective date
thereof. Following written notification from the Bureau, the care,
operation, and maintenance of the works may be retransferred to the
District.
(c) Future contracts. The Bureau shall provide in new, amended, or
replacement contracts for the operation and maintenance of Project
works, for the reservation by the Secretary of rights and options to
enforce these OCAP.
Sec. 418.8 Water management and conservation.
(a) Conservation measures. (1) Specific conservation actions will
be needed for the District and its members to achieve a reasonable
efficiency of operation as required by the OCAP. The District is best
able to determine the particular conservation measures that meet the
needs of its water users. This assures that the measures reflect the
priorities and collective judgment of the water users; and will be
practical, understandable and supported. The District also has the
discretion to make changes in the measures they adopt as conditions or
results dictate
(2) The District will keep the Bureau informed of the measures they
expect to utilize during each year. This will allow appropriate
monitoring for information helpful to evolving other suggestions and
for use by other Districts. The Bureau will work cooperatively in
support of the District's selection of measures and methods of
implementation.
(b) Cooperative programs. The Bureau and the District will work
cooperatively to develop a water management and conservation program to
promote efficient management of water in the Project.
(1) The Bureau will provide technical assistance to the District
and cooperatively assist the District in their obligations and efforts
to:
(i) Document and evaluate existing water delivery and measurement
practices;
(ii) Implement improvements to these practices; and
(iii) Evaluate and, where practical, implement physical changes to
Project facilities.
(2) The program will emphasize developing methods, including
computerization and automation, to improve the District's operations
and procedures for greater water delivery conservation.
Sec. 418.9 Implementation.
The intent of the implementation strategy for these OCAP is to
ensure that the Project delivers water within entitlements at a
reasonable level of efficiency as a long term average. The incentives
and disincentives provided herein are designed to encourage local
officials with responsibilities for Project operations to select and
implement through their discretionary actions, operating strategies
which achieve the principles of the OCAP. The specified efficiencies
(Appendix A of this part) were developed considering implementation of
reasonable conservation measures, historic project operations,
economics, and environmental effects. The efficiency target will be
used as a performance standard to establish at the end of each year on
the basis of actual operations, whether the District is entitled to a
performance bonus in the form of incentive water or a reduction in
storage for the amount borrowed ahead. The components of the
implementation strategy are outlined below.
(a) Valid headgate deliveries. Project water may be delivered to
headgates
[[Page 64846]]
only as provided in Sec. 418.1(a). Water delivered outside the entitled
irrigable land and/or outside the court set water duty is difficult to
quantify at best because it is not typically measured. Since it is not
likely to be a part of the total actual headgate deliveries, yet is a
part of the total deliveries to the Project it will manifest itself
directly as a lower efficiency. Thus, it will either reduce the
District's incentive credit or increase the storage debit by the amount
improperly diverted. All other users outside the Project are thereby
held harmless but the District incurs the consequence. This approach
should eliminate any potential disputes between the District and the
Bureau over quantifying the amount of water misappropriated.
(b) Efficiencies. The established target efficiencies pursuant to
these OCAP are shown in Appendix A of this part. The efficiency of the
Project will vary with the amount of entitlement water actually
delivered at the headgates. Since most of the distribution system
losses such as evaporation and seepage do not change significantly with
the amount of water delivered (i.e., these losses are principally a
function of water surface area and the wetted perimeter of the canals),
the Project efficiency requirement is higher as the percent of
entitlement water actually delivered at the headgates increases. The
actual efficiency is calculated each year after the close of the
irrigation season based on actual measured amounts. The application of
any adjustments to Lahontan Reservoir storage or Truckee River
diversions resulting from the efficiency is always prospective.
(c) Incentives for additional long term conservation. As an
incentive for the District to increase the efficiency of the delivery
system beyond the expected efficiency of 65.7% (66.9% with full
delivery) as shown in the table Newlands Project Water Budget, Proposed
1995 Example, the District will be allowed to store and use the Carson
River portion of the saved water at their discretion, in accordance
with Nevada State Law. Thus, if the District is able to operate the
Project in such a manner that the expected efficiency is exceeded, the
District may store in Lahontan Reservoir two-thirds (\2/3\) of the
additional water saved. (The remaining one-third (\1/3\) of the water
saved will remain in the Truckee River or through reduced diversions to
Lahontan Reservoir). This water will be considered incentive water
saved from the Carson River and will not be counted as storage in
determining diversions from the Truckee River on computing the target
storage levels for Lahontan Reservoir under these OCAP. For purposes of
these OCAP, incentive water is no longer considered Project water. The
District may use the water for any purpose (e.g., wetlands, storage for
recreation, power generation, shortage reduction) that is consistent
with Nevada State Law and Federal Law. The water will be managed under
the District's discretion and may be stored in Lahontan Reservoir until
needed subject to the limitations in Sec. 418.9(d).
(d) The amount of incentive water stored in Lahontan Reservoir will
be reduced under the following conditions:
(1) There is a deficit created and remaining in Lahontan Reservoir
from operations penalties in a prior year;
(2) The District releases the water from the reservoir for its
designated use;
(3) During a spill of the reservoir, the amount of incentive water
shall be reduced by the amount of spill; and
(4) At the discretion of the District, incentive water may be used
to offset the precautionary drawdown adjustment to the Lahontan storage
objective.
(5) At the end of each year, the amount of incentive water will be
reduced by the incremental amount of evaporation which occurs as a
result of the increased surface area of the reservoir due to the
additional storage. The evaporation rate used will be either the net
evaporation measured or the net historical average after precipitation
is taken into account. The method of calculation will be agreed to by
the District and the Bureau in advance of any storage credit.
(e) An example of this concept is:
Example: Incentive Operation--At the end of the 1996 irrigation
season, the Bureau and the District audit the District's water
records for 1996. The District's water delivery records show that
194,703 acre-feet of water were delivered to farm headgates. On the
basis of their irrigated acreage that year (59,075) the farm
headgate entitlement would have been 216,337 acre-feet. On the basis
of 90% deliveries for 59,075 acres (194,203 divided by 216,337 =
0.90) the established Project efficiency requirements was 65.1%. On
the basis of the established Project efficiency (66.1%), the Project
diversion required to make the headgate deliveries would be expected
to be 291,909 acre-feet (194,703 divided by 0.651 = 291,909). An
examination of Project records reveals that the District only
diverted 286,328 acre-feet which demonstrated actual Project
efficiency was 68% and exceeded requirements of these OCAP. The
5,581 acre-feet of savings (291,909 - 286,328 = 5,581) constitutes
the savings achieved through efficiency improvements and the
District would then be credited two-thirds (3,721 acre-feet = 5,581
x \2/3\) of this water (deemed to be Carson River water savings) as
incentive water. This incentive water may be stored in Lahontan
Reservoir or otherwise used by the District in its discretion
consistent with State and Federal Law (e.g., power generation,
recreation storage, wildlife, drought projection, etc.).
(f) Disincentives for lower efficiency. (1) If the District failed
to meet the efficiencies established by these OCAP, then, in effect,
the District has borrowed from a subsequent year. The amount borrowed
will be accounted for in the form of a deficit in Lahontan Reservoir
storage. This deficit amount will be added to the actual Lahontan
Reservoir storage quantity for the purpose of determining the Truckee
River diversions to meet storage objectives as well as all other
operating decisions.
(2) The amount of the deficit will be cumulative from year to year
but will not be allowed to exceed 26,000 acre-feet (the expected
variance between the MAD and actual water use). This limit is expected
to avoid increasing the severity of drought and yet still allow for
variations in efficiency over time due to weather and other factors.
This approach should allow the District to plan its operation to
correct for any deficiencies.
(3) The deficit can be reduced by crediting incentive water earned
by the District or reducing the percentage of headgate entitlement
delivered either through a natural drought or by the District and its
water users administratively limiting deliveries while maintaining an
efficiency greater than or equal to the target efficiency.
(4) In the event of a natural drought if the shortage to the
headgates is equal to or greater than the deficit then the deficit is
reduced to zero. If the shortage to headgates is less than the deficit
then the deficit is reduced by an amount to the headgate shortage.
During a natural drought, if the percentage of maximum headgate
entitlement delivered is 75% or more than the District will be subject
to the target efficiencies and resultant deficits or credits.
(5) If the District has a deficit in Lahontan Reservoir and earns
incentive water, the incentive water must be used to eliminate the
deficit before it can be used for any other purpose. The deficit shall
be credited on a 1 to 1 basis (i.e., actual efficiency savings rather
than \1/3\-\2/3\ for incentive water).
(g) An example of the penalty concept is:
Example: Penalty--In 1996 the District delivers 90% of the
maximum headgate entitlement or 194,703 acre-feet 216,337 x .90)
but they actually divert 308,000 acre-feet. The efficiency of the
Project is 63.2% (194,703 divided by 308,000). Since the
[[Page 64847]]
established efficiency of 65.1% would have required a diversion of
only 299,083 acre-feet (194,703 divided by .651) the District has
operated the system with 8,917 acre-feet of excess losses.
Therefore, 8,917 acre-feet was borrowed and must be added to the
actual storage quantities of Lahontan Reservoir for calculating
target levels and Truckee River diversions.
(h) Maximum Allowable Diversion (MAD). (1) The MAD established in
these OCAP is based on the premise that the Project should be operated
to ensure that it is capable of delivering to the headgate of each
water right holder the full water entitlement for irrigable eligible
acres and includes distribution system losses. The MAD will be
established (and is likely to vary) each year. The annual MAD will be
calculated each year based on the actual acreage to be irrigated that
year.
(2) Historically, Project water users have not ordered or used
their full entitlement. Actual deliveries at farm headgates have been
approximately 90 percent of entitlements and this practice is expected
to continue but the percentage is expected to change. This variance
between headgate deliveries and headgate entitlement will be calculated
annually under these OCAP and is allowed to be diverted if needed and
thereby provides an assurance that full headgate deliveries can be
made. The expected diversion and associated efficiency target for the
examples shown in the Newlands Project Water Budget table would be:
285,243 AF and 65.1% in 1996 and beyond. These are well below the MAD
limits; however, the District may divert up to the MAD if it is needed
to meet valid headgate entitlements.
Sec. 418.10 Fallon Paiute-Shoshone Indian Reservation.
Nothing in these OCAP shall affect the authority of the Fallon
Paiute-Shoshone Tribes to use water on Tribes' reservation which was
delivered to the Reservation in accordance with these OCAP, nor shall
these OCAP operate to restrict the Secretary's trust responsibility
with respect to the Fallon Paiute-Shoshone Tribes.
Appendix A to Part 418--Expected Project Distribution System Efficiency
BILLING CODE 4310-RK-M
[[Page 64848]]
[GRAPHIC] [TIFF OMITTED] TP09DE96.000
[FR Doc. 96-30769 Filed 12-6-96; 8:45 am]
BILLING CODE 4310-RK-C
