[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Notices]
[Pages 22738-22739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10562]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Colorado River, Notice of Opportunity for Input Regarding 
Recommendations and Determinations Authorized by 43 CFR Part 417, 
Imperial Irrigation District

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice.

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SUMMARY: The implementation of the Department of the Interior's 43 CFR 
part 417 2003 calendar year determination with respect to the Imperial 
Irrigation District dated December 27, 2002 was enjoined by U.S. 
District Court Judge Thomas J. Whelan on March 18, 2003. Judge Whelan 
has vacated and remanded this decision to the Department of the 
Interior by order dated April 16, 2003. Through this notice, the 
Department of the Interior is initiating action to make recommendations 
and determinations authorized by 43 CFR part 417 with respect to the 
Imperial Irrigation District's water order regarding its use of 
Colorado River water for calendar year 2003. This notice provides 
addresses where information regarding the Department's analyses of this 
matter may be submitted, and provides an internet address where 
relevant information may be found.

DATES: The Regional Director will accept input on the issues addressed 
by this Federal Register notice for a period of 30 days following 
publication of this notice.

ADDRESSES: You may submit written comments to the Regional Director, 
Lower Colorado Region, Attention: Jayne Harkins, Bureau of Reclamation, 
PO Box 61470, Boulder City, Nevada 89006-1470. Information on this 
matter will be posted on the Bureau's Internet site at the following 
address: www.lc.usbr.gov/IID417.htm.

SUPPLEMENTARY INFORMATION: By order dated April 16, 2003, entered in 
Imperial Irrigation District v. The United States of America, Case No. 
03 CV0069 W (JFS), the United States District Court for the Southern 
District of California has remanded the matter of the Imperial 
Irrigation District (IID)'s 2003 water order to the Bureau of 
Reclamation for a de novo (or ``a new'') agency determination of IID's 
estimated water requirements for calendar year 2003 under 43 Code of 
Federal Regulations Part 417 (43 CFR part 417). The Part 417 process 
will be conducted as follows:
    The Regional Director for the Lower Colorado Region (``Regional 
Director'') of the Bureau of Reclamation (``Reclamation'') will, by 
letters coincident with this Federal Register notice, notify IID and 
the State of California of the commencement of a de novo Part 417 
consultation relating to the determination of Imperial Irrigation 
District's estimated water requirements for calendar year 2003.

Collection of Written Information

    The Part 417 consultation will be conducted by the Regional 
Director through the collection of written information. The Regional 
Director will consider all materials submitted to the court in Imperial 
Irrigation District v. The United States of America, supra, including 
the Administrative Record and the declarations filed by individuals in 
that action. It will not be necessary for IID, the State of California 
or any other interested party to file with Reclamation as part of this 
Part 417 consultation any material which has been filed or lodged with 
the court in this case.
    The Regional Director will also consider all relevant written 
information, comments and suggestions received by Reclamation from IID, 
the State of California or any other interested party within 30 days of 
the date of this notice. Timely written information, comments and 
suggestions which relate to the recommendations and determinations 
required of the Regional Director under 43 CFR 417.2 or

[[Page 22739]]

to the factors listed in section 417.3 will be considered relevant.
    The Regional Director will also consider all relevant materials 
within Reclamation's possession relating to IID's estimated water 
requirements. Reclamation is posting a bibliography of such information 
on its Web site at www.lc.usbr.gov/iid417.htm, and will update this 
bibliography as appropriate. Reclamation will post on that Web site all 
written information received or transmitted by the Regional Director or 
his staff in connection with this part 417 consultation. This 
information will be retained by Reclamation for use in future years.

Regional Director's Formulation of Recommendations and Determinations

    After consideration of all relevant written information, comments 
and suggestions timely received, the Regional Director will formulate 
his recommendations and determinations regarding IID's estimated water 
requirements for 2003 according to the factors in 43 CFR 417.3, to the 
end that deliveries of Colorado River water to IID will not exceed 
those reasonably required for beneficial consumptive use. The time 
taken for this analysis will depend on the issues raised. It is 
anticipated that this process will conclude approximately 25 days after 
the close of the time period for receipt of relevant written 
information, comments and suggestions.
    The Regional Director will give IID written notice of his 
recommendations and determinations by registered or certified mail, 
return receipt requested, as well as by fax, and will post his 
recommendations and determinations on the www.lc.usbr.gov/iid417.htm 
Web site. If the recommendations and determinations include a reduction 
in the amount of water to be delivered, as compared to calendar year 
2002, the notice shall specify the basis for such reduction and include 
any pertinent factual determinations.

Opportunity for Any Potential Objections by IID and Potential Request 
for Further Consultation

    The Regional Director's recommendations and determination shall be 
final unless, within 30 days of the date of receipt of the notice, IID 
submits its written comments and objections to the Regional Director 
and requests further consultation.

Potential Reconsideration by Regional Director

    The Regional Director will consider any written comments and 
objections, if any, and conduct further consultation by reviewing and 
considering any written submissions by IID. On the basis of this 
review, the Regional Director will determine whether or not to modify 
his recommendations and determinations. The time for analysis depends 
on the issues raised. It is anticipated that the analysis would be 
completed within 15 days.

Notification of Regional Director's Final Determination

    The Regional Director will send by fax notification his 
determination regarding any written comments and objections by IID and 
will post the determination on the Web site at www.lc.usbr.gov/
iid417.htm.

Potential Appeal to the Secretary of the Interior

    If the Regional Director does not modify his initial decision, or 
if modifications are made but IID still feels aggrieved, IID may file 
an appeal with the Secretary of the Interior within 30 days after 
receipt of the fax notification of the Regional Director's 
determination.

Final Determination by the Secretary of the Interior

    The Secretary of the Interior will make a final determination of 
any appeal by IID. The time for analysis will depend on the issues 
raised. It is anticipated that the analysis will be complete within 
three weeks.

    Dated: April 23, 2003.
Robert W. Johnson,
Regional Director, Lower Colorado Region, U.S. Bureau of Reclamation.
[FR Doc. 03-10562 Filed 4-28-03; 8:45 am]
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