[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Notices]
[Pages 41456-41457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19558]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Allocation of Water Supply and Expected Long-Term Contract 
Execution, Central Arizona Project, Arizona

AGENCY: Office of the Secretary, Interior.

ACTION: Notice.

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SUMMARY: The Department of the Interior, Bureau of Reclamation 
(Reclamation), announces its intention to prepare environmental 
documents under section 102(2)(C) of the National Environmental Policy 
Act (NEPA) of 1969, as amended, to assist in developing proposed 
modifications to previous Central Arizona Project (CAP) water 
allocations.
    We anticipate that we will reallocate and offer contracts with 
certain quantities of CAP water in connection with (1) settlement 
discussions arising out of operation of the CAP; (2) settlement 
discussions arising out of legal claims involving the Gila River Indian 
Community and the San Carlos Indian Community, and (3) negotiations 
regarding implementation of the 1982 Southern Arizona Water Rights 
Settlement Act.
    At present it is not clear whether the scope of the action and 
anticipated project impacts will require preparation of an 
environmental impact statement (EIS) or an environmental assessment 
(EA). However, to ensure a timely and appropriate level of NEPA 
compliance and to limit potential future delays to the proposed 
reallocation and contract actions, Reclamation is proceeding, at this 
time, as if the project impacts would require preparation of an EIS. 
Reclamation will reevaluate the need for an EIS after obtaining 
comments on the proposed action and analysis of alternatives and 
impacts during the NEPA process. Reclamation will publish a notice of 
cancellation if, as a result of additional information or analysis, a 
decision is made to prepare an EA rather than an EIS.

DATES: Comments must be received August 30, 1999.

ADDRESSES: Send written comments concerning the proposal to Mr. Bruce 
Ellis, Environmental Program Manager, Bureau of Reclamation, PO Box 
81169, Phoenix, Arizona, 85069-1169. Written comments received by the 
Bureau of Reclamation become part of the public record associated with 
this action. Accordingly, such comments will be available to requestors 
of information associated with this Notice pursuant to the Freedom of 
Information Act.

FOR FURTHER INFORMATION CONTACT: Mr. Bruce Ellis, at (602) 216-3854.

SUPPLEMENTARY INFORMATION:

Background

    We have been engaged in active negotiations with a variety of 
parties in Arizona that have an interest in the CAP, including the 
operator of the CAP (the Central Arizona Water Conservation District), 
the Arizona Department of Water Resources, Indian Tribes, and other 
water users. The current negotiations contemplate that the Secretary 
will undertake a reallocation of CAP water to assist in the resolution 
of outstanding Indian water rights claims, and to provide greater 
certainty to all users of CAP water. If the settlement goes forward, we 
anticipate that the proposed reallocation of CAP water would constitute 
a final allocation of water for the CAP system.

Purpose and Need for Action

    The purpose and need of the proposed federal action is to implement 
settlement of ongoing litigation over the operation of the CAP, the 
status of CAP project water, and to assist in the resolution of 
outstanding Indian water rights claims. The United States intends that 
the final allocation of CAP water under the terms of the settlement 
will facilitate use of CAP water in satisfaction of the goals and 
purposes of the CAP authorizing legislation (i.e. the Colorado River 
Basin Project Act of 1968).

The Proposed Federal Action

    Through the efforts of all parties to these negotiations, 
significant progress has been made on many matters involving operation 
and administration of the CAP and a general agreement on the details of 
the likely scenario regarding the reallocation of CAP water has 
emerged. Reclamation intends to undertake the environmental review that 
needs to be completed in order to facilitate the timely implementation 
of reallocations that are contemplated by the proposed settlement. 
Because of the lead time needed to complete the environmental review 
prior to reallocating, Reclamation is initiating the review at this 
time. In connection with the environmental analysis, Reclamation will 
analyze the proposed reallocation of CAP water that has been the 
subject of extensive discussion among the parties as the proposed 
federal action. This analysis does not preclude, of course, additional 
adjustments to the final reallocations depending upon the course of 
negotiations. Accordingly, pursuant to this notice, Reclamation is 
announcing its intention to undertake an environmental review of 
allocating and offering contracts for additional CAP water as follows:
    1. Reallocation of an additional 200,000 acre feet of CAP water for 
Indian Water Rights Settlement Purposes. This water would retain its 
former priority status as ``Non-Indian Agricultural'' priority water. 
Of this amount, 102,000 acre feet of CAP water

[[Page 41457]]

would be allocated and contracted to the Gila River Indian Community; 
28,200 acre feet of CAP water would be allocated and contracted to the 
Tohono O'odham Nation; and a residual amount of 69,800 would be 
available for allocation and contracting by the Secretary for use in 
facilitating additional, future Indian Water Rights Settlements.
    2. 17,800 acre feet of the CAP water permanently relinquished by 
the Harquahala Valley Irrigation District (HVID) would be allocated and 
contracted to the Gila River Indian Community. This water has the 
priority of ``Indian'' priority CAP water.
    3. All remaining, (approximately 18,600 acre feet) CAP water 
permanently relinquished by the Roosevelt Water Conservation District, 
would be allocated and contracted by the Gila River Indian Community. 
This water would retain its ``Non-Indian Agricultural'' CAP priority.
    4. 17,000 AF of CAP water expected to be permanently relinquished 
by ASARCO Incorporated, would be allocated and contracted by the Gila 
River Indian Community. This water would retain its ``M&I'' CAP 
priority.
    5. 65,647 acre feet of M&I priority water would be allocated and 
contracted to various municipalities and other entities within the CAP 
service area. This water would retain its ``M&I'' CAP priority. 
Identification of entities, and associated specific quantities for this 
water would be made after consultation between the Secretary and the 
State of Arizona (Arizona). It is anticipated that further, specific, 
NEPA compliance would be undertaken after Arizona has identified the 
entities it proposes should received allocations of this ``M&I'' 
priority CAP water, and completion of the consultation between the 
Secretary and Arizona on this matter.
    As part of the proposed action Reclamation will consider all 
provisions of the settlements currently under negotiation, including 
provisions under consideration in the potential settlement of the 
Central Arizona Water Conservation District v. United States 
litigation, in which, as noted above, settlement discussions are 
currently in progress.

Range of Alternatives

    In addition to the above-described proposed action (i.e. the 
settlement approach), Reclamation will implement NEPA requirements by 
identifying, reviewing and evaluating additional alternatives as part 
of its NEPA analysis. These alternative analyses will include 
alternatives that would address alternative allocation and contracting 
scenarios that could involve Non-Indian Agricultural priority water, 
Indian priority water, and M&I priority water. Reclamation will also 
include alternative allocation and contracting scenarios that could be 
undertaken in the absence of a settlement as part of its NEPA analysis.

Authority

    The Secretary has the authority to contract for supplies of Central 
Arizona Project water under the Act of June 17, 1902, 32 Stat. 388, as 
amended and/or supplemented, including specifically the Colorado River 
Basin Project Act of September 30, 1968 (82 Stat. 885, 43 U.S.C. 1501 
et seq.).

Prior Efforts

    Allocation of CAP project water has been the subject of previous 
notices published in the Federal Register (See, e.g., 37 FR 28082, 
December 20, 1972; 40 FR 17297, April 18, 1975; 41 FR 45883, October 
18, 1976; 45 FR 52938, August 8, 1980; 45 FR 81265, December 10, 1980; 
48 FR 12446, March 24, 1983; 56 FR 29704, June 28, 1991; 57 FR 4470, 
February 5, 1992; and 57 FR 483884, October 23, 1992).
Bruce Babbitt,
Secretary of the Interior.
[FR Doc. 99-19558 Filed 7-29-99; 8:45 am]
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