[Federal Register Volume 64, Number 165 (Thursday, August 26, 1999)]
[Notices]
[Pages 46720-46722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22195]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


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

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of intent and public scoping meetings.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 
1969, as amended, and the Council on Environmental Quality's 
Regulations for Implementing the Procedural Provisions of NEPA, the 
Bureau of Reclamation (Reclamation) proposes to prepare an 
environmental impact statement (EIS) concerning proposed modifications 
to previous Central Arizona Project (CAP) water allocation decisions. 
Reclamation is initiating public scoping for the proposed NEPA document 
and will be conducting scoping meetings pursuant to section 102(2)(C) 
of NEPA.
    The Department anticipates it will reallocate and offer contracts 
for certain quantities of CAP water in connection with (1) settlement 
discussions arising out of operation of the CAP; (2) settlement 
discussions arising from legal claims involving the Gila River Indian 
Community (GRIC) and the San Carlos Apache Tribe (San Carlos); and (3) 
negotiations regarding implementation of the 1982 Southern Arizona 
Water Rights Settlement Act.

DATES: Three scoping meetings will be held to solicit comments on 
issues that should be addressed in the EIS:

September 14, 1999, from 1:00-3:30 p.m.
National YWCA Leadership Development Center, 9440 N. 25th Avenue, 
Phoenix, Arizona 85021-2789.
September 15, 1999 from 6:30-9:00 p.m.
Francisco Grande Resort Ballroom, 26000 Gila Bend Highway, Casa Grande, 
Arizona 85222.
September 16, 1999, from 1:00-3:30 p.m.
Tucson Community Center, Maricopa-Mojave Room, 260 S. Church, Tucson, 
Arizona 85701.

    At each meeting, Reclamation will make a short presentation. Oral 
comments from the audience will then be accepted. A court reporter will 
prepare a written record of all comments made.
    Hearing impaired, visually impaired, and/or mobility impaired 
persons planning to attend the meeting(s) may arrange for necessary 
accommodations by calling Ms. Janice Kjesbo (602-216-3864; fax 602-216-
4006) no later than August 30, 1999.

ADDRESSES: Send written comments concerning the proposal to Mr. Bruce 
Ellis, Environmental Program Manager, Phoenix Area Office, Bureau of 
Reclamation, P.O. Box 81169, Phoenix Arizona, 85069-1169. To be most 
helpful, comments should be received by September 27, 1999. Written 
comments received by Reclamation become part of the public record 
associated with this action. Accordingly, such comments (including 
name, address, or telephone information shown on written 
correspondence) will be available to requestors of information through 
the Freedom of Information Act.

FOR FURTHER INFORMATION CONTACT: Questions concerning the process, the 
proposed action or alternatives, or this notice should be directed to 
Ms. Sandra Eto, Environmental Resource Management Division, Phoenix 
Area Office, Bureau of Reclamation, P.O. Box 81169, Phoenix, Arizona 
850689-1169; telephone (602) 216-3857. To be placed on a mailing list 
for any subsequent information, please write or telephone Ms. Janice 
Kjesbo, Environmental Resource Management Division, Phoenix Area Office 
(see address above), telephone (602) 216-3854 or fax (602) 216-4006.

SUPPLEMENTARY INFORMATION: Reclamation proposes to modify existing 
allocations of CAP water under terms consistent with ongoing settlement 
discussions regarding operation of the CAP, the status of CAP water, 
and resolution of outstanding Indian water rights claims. In connection 
with preparation of the EIS,

[[Page 46721]]

Reclamation will analyze the environmental consequences of a proposed 
action that allocates and offers contracts for CAP water. This action 
is consistent with contemplated reallocation of CAP water that has 
emerged from extensive discussions among settlement parties. 
Environmental analysis of the proposed reallocation does not preclude 
additional adjustments being made to the final reallocations, depending 
upon the course of negotiations.
    In addition to the proposed action (i.e. reallocation of CAP water 
based upon current settlement negotiations), Reclamation intends to 
develop and evaluate alternative allocation scenarios as part of its 
NEPA analysis. These ``action'' alternatives will identify other 
reallocation and contracting scenarios the Secretary of the Interior 
(Secretary) could implement in the absence of settlement. Thus far, 
three alternative reallocation scenarios are being considered for 
inclusion in the EIS. These alternatives could be modified, and/or 
other alternatives developed based upon input received during the 
scoping period.
    CAP water, estimated for these purposes to be 1,415,000 acre-feet 
1 (AF) of primarily Colorado River water available for use 
within the Project service area, is divided into three basic 
categories. The majority of the water in each of these categories has 
been allocated and contracted; however, some in each category remains 
unallocated and/or uncontracted. The categories can be described as 
follows: Water previously allocated for use by municipal and industrial 
(M&I) entities (620,678 AF); water allocated for ``Federal purposes'' 
(453,224 AF, the great majority of which is under contract to Indian 
tribes); 2 and water previously allocated for use by non-
Indian agricultural (NIA) districts, consisting of the CAP water supply 
that remains after water in the other two categories has been 
contracted (for the purposes of this notice, the amount of water in 
this NIA category is estimated to be 341,098 AF 3). The 
following are assumed to occur or pertain to the proposed action and 
all three action alternatives currently under consideration:
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    \1\ The 1,415,000 acre-foot amount is an agreed to approximation 
of the number of acre-feet of Colorado River water available in a 
normal year for diversion and use by the CAP, after deducting 
estimated system losses.
    \2\ In a Federal Register notice (48 FR 12446, March 24, 1983), 
the Secretary allocated 638,823 AF of CAP water for M&I purposes, 
and 309,828 AF of CAP water to Indian tribes in central Arizona. 
Subsequent settlements of Indian water rights and reallocations of 
CAP water increased the total water for ``Federal purposes'' to 
453,224 AF--18,145 AF of which came from the M&I category.
    \3\ The calculation of amounts of water with regard to the NIA 
category varies; analysts among the settlement parties disagree on 
the exact numbers associated with water in this category. These 
differences are due to the order of the calculations made and other 
assumptions used. Use of specific numbers in this notice is not 
meant to imply a degree of precision that does not exist, and it 
should be noted the various amounts of water attributed to the NIA 
category in this notice are estimates for purposes of describing 
alternative reallocation scenarios.
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    a. 17,800 AF of Indian priority water would be allocated and 
contracted to GRIC. This represents CAP water that was previously 
allocated and contracted to the Harquahala Valley Irrigation District 
(HVID) but relinquished in 1992 to the Secretary for use in the 
settlement of water rights claims of Indian tribes having claims to the 
water in the Salt and Verde River system (which is already included in 
the ``Federal purposes'' category);
    b. an estimated 18,600 AF of NIA priority water would be allocated 
and contracted to GRIC, in accordance with the ``Settlement Agreement 
Among the Gila River Indian Community, Roosevelt Water Conservation 
District, and the United States of America (May 10, 1999).'' This 
represents CAP water previously allocated and contracted to the 
Roosevelt Water Conservation District but relinquished in 1992 to the 
Secretary to hold for the use and benefit of GRIC (which is already 
included in the ``Federal purposes'' category);
    c. 17,000 AF of M&I category water previously allocated to ASARCO, 
Inc., that is anticipated to be voluntarily assigned to GRIC as part of 
a settlement of GRIC water rights claims;
    d. the NIA category includes an estimated 43,654 AF that has been 
or is anticipated to be assigned to several cities within Maricopa 
County through agreements with the Hohokam Irrigation and Drainage 
District (HIDD); and
    e. with the exception of the water previously allocated to HVID, 
all CAP water would retain its current priority (which determines the 
order of priority in reducing deliveries during times of shortages on 
the Colorado River).
    Proposed Action and Action Alternatives. Following are descriptions 
of actions--in addition to those identified above--that are 
contemplated to occur under the proposed action and the three 
alternatives currently being considered:

A. Proposed Action

    1. Water allocated for M&I use would total 603,678 AF (which 
represents 620,678 AF less 17,000 Af of ASARCO water described in ``c'' 
above). An amount of 65,647 AF within this category, that is currently 
uncontracted, would be reallocated to M&I entities after consultation 
with the State of Arizona, Department of Water Resources (ADWR). CAP 
M&I water service subcontracts would be offered to these allottees.
    2. Water allocated for NIA use would be reduced by an estimated 
200,000 AF. This water would be reallocated for Federal purposes. Of 
the estimated 141,098 AF remaining in the NIA category, 97,444 AF would 
be reserved for use by non-Indian agricultural or M&I entities under a 
process to be developed. The remaining 43,654 AF represents the water 
associated with HIDD that has been or is anticipated to be assigned to 
several Maricopa County cities (see ``d'' above).
    3. Water allocated for Federal purposes would be increased by an 
estimated 200,000 AF from reallocation of water from the NIA category 
described in A.2. above. This water would be contracted as follows: 
102,000 AF to GRIC; 28,200 AF to the Tohono O'odham Nation; and 69,800 
AF reserved by the Secretary for use in facilitating future Indian 
water rights settlements.

B. Alternative #1

    1. Water in the M&I category would be handled the same as under the 
Proposed Action. The 65,647 AF that is currently uncontracted would be 
reallocated and contracted as described under the Proposed Action.
    2. The amount of water in the NIA category would not change from 
present conditions (estimated for purposes of this action to be 341,098 
AF); however, an estimated 112,578 AF of water in this category would 
be made available for use by non-Indian agricultural and/or M&I 
entities under a process to be developed. This amount is an estimate of 
that portion of water within the NIA category for which allocations 
were made in 1983, but for which no contracts were executed. No change 
in status would occur to the remaining estimated 228,520 AF in the NIA 
category.
    3. An estimated amount of 1,518 AF of Indian priority water already 
held for Federal purposes (originally allocated to HVID) would be 
allocated and contracted to the Tonto Apache and Camp Verde Apache 
tribes.

C. Alternative #2

    1. Water allocated for M&I use would be reduced by 65,647 AF, the 
amount within this category that is currently uncontracted. This water 
would be reallocated for Federal purposes (see

[[Page 46722]]

C.3. below). The water remaining in this category would be 538,031 AF 
(which includes a reduction of 17,000 acre-feet of ASARCO water; see 
``c'' above).
    2. Water allocated for NIA use would be reduced by an estimated 
28,665 AF. This estimate represents NIA water previously allocated to 
Queen Creek Irrigation District (ID), Chandler Heights Citrus ID, San 
Tan ID and Tonopah ID. In addition, as in Alternative #1, an estimated 
112,578 AF of water would be made available for use by non-Indian 
agricultural and/or M&I entities under a process to be developed. No 
change in status would occur to the remaining estimated 199,855 AF in 
this category.
    3. The amount of CAP water available for Federal purposes would be 
increased by an estimated 94,312 AF as a result of the reallocations 
described in C.1 and C.2 above. The 65,647 AF from the M&I category 
would be contracted as follows: 20,000 AF to GRIC; 28,200 AF to Tohono 
O'odham Nation; 3,947 AF to San Carlos; and 13,500 AF to the Navajo and 
Hopi tribes. The estimated 28,665 AF from the NIA category would be 
contracted as follows: 9,000 AF to GRIC; and an additional 19,665 AF to 
San Carlos. In addition, as in Alternative #1, an estimated amount of 
1,518 AF already held for Federal purposes would be allocated and 
contracted to the Tonto Apache and Camp Verde Apache tribes.

D. Alternative #3

    1. Changes to amounts of water in the M&I category would be as 
described in Alternative #2.
    2. Water allocated for NIA use would be reduced by an estimated 
297,444 AF. An estimated 43,654 AF associated with HIDD would remain in 
this category (see ``d'' above).
    3. The amount of water available for Federal uses would be 
increased by an estimated 272,091 AF as a result of the reallocations 
described in D.1 and D.2 above. The 65,647 AF from the M&I category 
would be contracted as under Alternative #2 (20,000 AF to GRIC; 28,200 
AF to Tohono O'odham Nation; 3,947 AF to San Carlos; and 13,500 AF to 
the Navajo and Hopi tribes). An estimated 206,444 AF reallocated from 
the NIA category would be distributed as follows: 82,000 AF would be 
contracted to GRIC, and 124,444 AF would be reserved by the Secretary 
for future Federal purposes. As in Alternatives #1 and #2, an estimated 
1,518 AF would be allocated and contracted to the Tonto Apache and Camp 
Verde Apache tribes.
    4. The remaining 91,000 AF of water reallocated from the NIA 
category described in D.2 above would be reserved by the Secretary for 
as yet to be determined non-Federal users.
    Following is a table that summarizes the estimated total number of 
AF that would comprise each pool of CAP water, by alternative:

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                                      Current        Proposed
       Cap water category            condition        action      Alternative #1  Alternative #2  Alternative #3
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M&I category....................         620,678         603,678         603,678         538,031         538,031
NIA category....................         341,098         141,098         341,098         312,433          43,654
Held for ``Federal purposes''...         453,224         670,224         470,224         564,536         742,315
Held for ``non-Federal            ..............  ..............  ..............  ..............          91,000
 purposes''.....................
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      Total (in AF):............       1,415,000    1,415,000 AF       1,415,000       1,415,000       1,415,000
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    In addition to the proposed action and the three action 
alternatives, Reclamation will also evaluate environmental consequences 
that are anticipated to occur in the absence of the proposed action 
(the no Federal action). By definition, the no Federal action 
alternative means that no water would be reallocated and no new 
contracts would be signed. Currently, uncontracted water from the 
previous CAP allocations, including 65,647 AF of M&I category water, 
and that portion of the NIA pool which has either been declined (about 
112,578 AF) or considered to be relinquished (subject to Secretarial 
consent) from four non-Indian irrigation districts (about 28,665 AF), 
is delivered by the Central Arizona Water Conservation District to 
entities through two-party excess water agreements. The United States 
is challenging these agreements in ongoing litigation regarding 
operation of the CAP. For purposes of this analysis it is assumed that 
under the no Federal action scenario, this practice would continue 
pending resolution of the ongoing litigation.
    Reclamation is circulating this notice in anticipation of 
considerable public interest and the need to ensure that all relevant 
issues are evaluated in the EIS. Reclamation will consult other 
Federal, State, and local agencies with specific expertise regarding 
environmental impacts related to the project.

    Dated: August 20, 1999.
Robert Johnson,
Regional Director.
[FR Doc. 99-22195 Filed 8-25-99; 8:45 am]
BILLING CODE 4310-94-P