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