[Federal Register Volume 65, Number 21 (Tuesday, February 1, 2000)]
[Notices]
[Pages 4817-4819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2133]


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ENVIRONMENTAL PROTECTION AGENCY


Draft Environmental Impact Report/Environmental Impact Statement, 
Lower Owens River Project; Inyo County, California

ACTION:  Notice of Intent to Prepare a Draft Environmental Impact 
Report/Environmental Impact Statement.

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SUMMARY: The Lower Owens River Project is proposed by the City of Los 
Angeles, Department of Water and Power (LADWP), and the County of Inyo, 
to restore various wetland and riparian habitats along approximately 60 
miles of the Owens River. The project is a result of a settlement 
agreement among LADWP, County of Inyo, state agencies, and 
environmental groups to resolve issues related to the export of water 
from the Owens Valley by LADWP. The Environmental Protection Agency 
(EPA) will provide funding to assist in the implementation of the 
project. As lead agency under the National Environmental Policy Act 
(NEPA), EPA must prepare an Environmental Impact Statement (EIS). As 
lead agency under the California Environmental Quality Act (CEQA) , 
LADWP must prepare an Environmental Impact Report (EIR). A joint state 
and federal environmental document (EIR/EIS) will be developed. The 
project is expected to result in an overall long-term enhancement of 
the aquatic, wetland, and riparian habitats of a major river, and 
provide significant opportunities for increased abundance and variety 
of fish and wildlife resources, including endangered species. The major 
environmental impacts to be addressed are short-term

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water quality degradation due to the re-introduction of water to the 
river after 80 years, and the associated short-term adverse effects on 
native and sport fisheries, as well as potential adverse effects to 
archeological resources.

Public Scoping and EIR/EIS Schedule

    A public scoping meeting to receive input on the scope of the EIR/
EIS will be conducted on February 16, 2000 at 6:30 pm at Statham Hall, 
138 North Jackson St., Lone Pine, California. A draft EIR/EIS is 
expected to be issued for public review by June 2000. A final EIR/EIS 
is planned to be issued the fall of 2000. A Record of Decision will be 
issued in late 2000.

FOR FURTHER INFORMATION CONTACT: Janet Parrish, U.S. EPA Region IX 
(WTR-2), 75 Hawthorne Street, San Francisco, CA 94105. Phone: 415-744-
1940. Fax: 415-744-1078. E-mail: [email protected]. Written 
comments on the scope of the EIS may also be submitted for 
consideration by EPA on or before February 21 at the above address, or 
at the scoping meeting. The Notice of Preparation (NOP), developed 
pursuant to CEQA, is available through LADWP and County of Inyo. 
Contact Clarence Martin, LADWP, 760-872-1104, or Leah Kirk, County of 
Inyo Water Department, 760-872-1168.

SUPPLEMENTARY INFORMATION:

Origin of the Project

    In 1913, the City of Los Angeles completed an aqueduct from the 
Owens Valley to Los Angeles. The primary source of water was surface 
water diverted from the Owens Valley and, to a lesser extent (following 
completion of a tunnel in 1940), from the Mono Basin. In 1970, a second 
aqueduct was completed by the City of Los Angeles to be supplied from 
three sources: Increased surface water diversions from the Owens 
Valley, increased groundwater pumping from the valley, and increased 
surface water diversions from the Mono Basin.
    In 1972, the County of Inyo (County) sued the City of Los Angeles 
in Inyo County Superior Court under the California Environmental 
Quality Act (CEQA) to require the Los Angeles Department of Water and 
Power (LADWP) to prepare an Environmental Impact Report (EIR) on its 
groundwater pumping to supply the second aqueduct. LADWP was ordered to 
prepare an EIR. LADWP issued EIRs in 1976 and 1979, but both were found 
to be legally inadequate by the 3rd District Court of Appeals in 
Sacramento.
    In the 1980s, the County and LADWP conducted discussions to develop 
a cooperative water management plan. Various technical studies were 
conducted at that time concerning groundwater and vegetation in the 
Owens Valley. An interim agreement was executed in 1984 between the 
County and LADWP which called for more cooperative studies, certain 
environmental enhancement projects, and continued negotiations on a 
long-term agreement. A new EIR on the groundwater pumping, completed by 
LADWP and the County, was issued in August 1991. It addressed all water 
management practices and facilities associated with the second 
aqueduct, and projects and water management practices identified in the 
Inyo County/Los Angeles Long Term Water Agreement (``Agreement''). In 
October 1991, the County and LADWP approved the Agreement, which 
provides environmental protection of the Owens Valley from the effects 
of groundwater pumping and water exports. The Agreement committed LADWP 
and the County to implement the Lower Owens River Project (LORP). The 
Final EIR (August 1991) and the Agreement were submitted to the Court 
with a joint request to end litigation.
    Shortly thereafter, concerns about the legal adequacy of the 1991 
Final EIR were raised by state agencies and environmental groups. In 
1994, the Court ordered the County and LADWP to respond to certain of 
these issues. After several years of settlement discussions among all 
parties, a Memorandum of Understanding (MOU) was executed that provides 
resolution over the concerns about the EIR, particularly related to the 
adequacy of mitigation described in the EIR for impacts due to historic 
pumping and diversion activities in the Owens Valley. In June 1997, the 
Court accepted the MOU as a final settlement, effectively ending all 
litigation and allowing the full provisions of the Agreement and the 
1991 Final EIR mitigation to be implemented. Parties to the MOU include 
LADWP, Inyo County, California Department of Fish and Game, State Lands 
Commission, Sierra Club, and Owens Valley Committee.
    The MOU includes provisions that expand the LORP. The project was 
identified in the 1991 Final EIR as compensatory mitigation for impacts 
related to groundwater pumping by LADWP from 1970 to 1990 that were 
difficult to quantify. The MOU specifies the goal of the LORP, time 
frame for development and implementation, and specific actions. It also 
provides certain minimum requirements for the LORP related to flows, 
locations of facilities, and habitat and species to be addressed. 
Finally, the MOU specifies that LADWP and Inyo County prepare an EIR 
for the LORP and issue a draft EIR within 36 months of execution of the 
MOU (i.e., June 2000), and that flows in the river begin within 72 
months of the MOU execution (i.e., June 2003).

Goal of the LORP

    The goal of the LORP, as stated in the MOU, is the establishment of 
a healthy, functioning Lower Owens River riverine-riparian ecosystem, 
and the establishment of healthy functioning ecosystems in the other 
elements of the LORP, for the benefit of biodiversity and threatened 
and endangered species, while providing for the continuation of 
sustainable uses including recreation, livestock grazing, agriculture, 
and other activities. Natural habitats will be created and enhanced 
consistent with the needs of certain habitat indicator species.

Four Primary Elements of the LORP

Riverine-Riparian Habitats

    A continuous flow will be maintained from the intake structure to a 
pump system located near the river delta at Owens Lake, which will 
connect to a pipeline that will divert water to the Los Angeles 
Aqueduct or to the bed of Owens Lake for use in particulate control 
projects. Any water in the river that is above the amount specified in 
the MOU for release to the Owens River Delta can be recovered by the 
pump facility. The flow regime is as follows:
     A base flow of approximately 40 cfs from the intake to the 
pump system must be maintained year-round to support wetland and 
riparian habitat for indicator species, and to maintain recreational 
and native fisheries
     A riparian habitat flow must be seasonally released that 
would result in a total flow that would vary from 40 to 200 cfs in 
general proportion to the forecasted runoff each year. These flows are 
intended to: create a natural disturbance to establish and maintain 
native riparian vegetation and channel morphology.
    The pump system will consist of a diversion in the river and a pump 
facility to convey water in a buried pipe to the Los Angeles Aqueduct. 
The general location of the pump system is specified in the MOU. LADWP 
is considering using some or all of the water from the pump system for 
dust control on Owens Lake.

Owens River Delta Habitat Area

    This wetland and riparian habitat area is located below the pump 
facility. It will be enhanced and maintained by

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flow and land management. An average annual flow of 6 to 9 cfs must be 
maintained below the pump system, for habitat enhancement purposes.

Blackrock Waterfowl Habitat Area

    This 1,500-acre area contains extensive waterfowl habitat. It will 
be enhanced through flow and land management to increase diversity.

Off-River Lakes and Ponds

    Off-river lakes and ponds near the Blackrock Waterfowl Habitat Area 
will be enhanced and maintained for fisheries, shorebirds, and other 
birds through flow and land management.

Other Elements of the LORP

Land Management Plan

    The preparation of a land management plan was specified in the MOU. 
It will address grazing on leases within LORP planning area. Management 
plans will be prepared for individual leases with a focus on enhancing 
native habitat diversity while allowing for sustainable grazing. The 
plans will focus on upland and riparian areas, irrigated pastures, and 
areas with sensitive species or habitats.

Recreation Plan

    The LORP will also include a plan to guide access to, and 
recreational uses of, the LORP area, consistent with current LADWP 
management guidelines for public uses of the land. The focus of the 
plan is to ensure compatible human uses of the LORP lands.

Monitoring and Reporting Plan

    The LORP will include a long-term plan for collecting and analyzing 
data on the progress of the LORP. These data will be used in an 
adaptive management program in which management actions will be 
modified, as necessary, to ensure successful implementation of the 
LORP.

    Dated: January 21, 2000.
Richard E. Sanderson,
Director, Office of Federal Activities.
[FR Doc. 00-2133 Filed 1-31-00; 8:45 am]
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