[Federal Register Volume 69, Number 12 (Tuesday, January 20, 2004)]
[Notices]
[Pages 2730-2731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1097]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Long-Term Miscellaneous Purposes Contract, Carlsbad Irrigation 
District, New Mexico

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of intent to prepare a draft environmental impact 
statement and announcement of a public scoping meeting.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 
1969, as amended, the Bureau of Reclamation (Reclamation) and the New 
Mexico Interstate Stream Commission (NMISC) intend to prepare a draft 
environmental impact statement (EIS) on the execution of a long-term 
contract, based upon the 1920 Sale of Water for Miscellaneous Purposes 
Act (long-term miscellaneous purposes contract) with the Carlsbad 
Irrigation District (CID), New Mexico, and the subsequent conversion 
and delivery of the full amount of irrigation water addressed in the 
contract and any related contracts (hereinafter collectively referred 
to as a single contract). Reclamation is the lead Federal agency and 
the NMISC will serve as a joint lead agency for NEPA compliance for the 
proposed Federal action.

DATES AND ADDRESSES: To receive input from interested organizations and 
individuals, a public scoping meeting will be held on February 12, 
2004, in Carlsbad, New Mexico. Scoping is an early and public process 
for determining the issues to be addressed and identifying any 
significant issues related to the proposed Federal action. The scoping 
period will be open from January 20, 2004 to March 15, 2004. The public 
scoping meeting will be held at the following time and location:
    [sbull] Thursday, February 12, 2004--7 to 9 p.m., Best Western 
Stevens Inn, Room No. 4, 1829 South Canal Street, Carlsbad, New Mexico.
    Reclamation also invites written comments during the scoping 
period. Written comments regarding the scope and content of the draft 
EIS may be sent directly to Marsha Carra, Bureau of Reclamation, 
Albuquerque Area Office, 555 Broadway NE., Suite 100, Albuquerque, New 
Mexico 87102; telephone (505) 462-3602; facsimile (505) 462-3797; e-
mail: [email protected]. Written comments should be received no later 
than March 15, 2004, to be considered most effectively.
    Those not desiring to submit comments or suggestions at this time, 
but who would like to receive a copy of the draft EIS, should contact 
Marsha Carra. When the draft EIS is complete, its availability will be 
announced in the Federal Register, in the local news media, and through 
direct contact with interested parties. Comments will be solicited on 
the draft document.

FOR FURTHER INFORMATION CONTACT: Marsha Carra, Bureau of Reclamation, 
Albuquerque Area Office, 555 Broadway NE., Suite 100, Albuquerque, New 
Mexico 87102; e-mail: [email protected]; telephone (505) 462-3602; or 
Sara Rhoton, New Mexico Interstate Stream Commission, Bataan Memorial 
Building, State Capitol, P.O. Box 25102, Santa Fe, New Mexico 87504; e-
mail: [email protected]; telephone (505) 827-3996.

SUPPLEMENTARY INFORMATION: The purpose of Reclamation's proposed 
Federal action is to allow the NMISC to use Carlsbad Project water 
(Project water) allotted to land located inside the boundaries of the 
CID that NMISC owns or leases from other members of the CID, or other 
Project water, for release from facilities serving the Carlsbad 
Project. The underlying need for Reclamation's action is to help the 
NMISC comply with the Pecos River Compact and the United States Supreme 
Court Amended Decree in Texas v. New Mexico. ``Other Project water'' 
consists of water that is allotted to land on the CID assessment rolls 
that is available for lease under a Contingent Water Contract where: 
(1) Willing lessors temporarily forego irrigation of their lands in an 
irrigation season (fallowed land water) or (2) allotted water is not 
delivered to farms by October 31 of a given year (undelivered allotment 
water). The long-term miscellaneous purposes contract would replace a 
1999 short-term contract that Reclamation currently has with the CID 
that allows the NMISC to use water allotted to CID lands leased by the 
NMISC or lease other available Carlsbad Project water.
    The State of New Mexico ex rel. the State Engineer, NMISC, 
Reclamation, CID, and the Pecos Valley Artesian Conservancy District 
entered into a Settlement Agreement on March 25, 2003, that resolves 
litigation,

[[Page 2731]]

implements a plan to ensure delivery of water to the CID and New 
Mexico-Texas state line, and settles many water management issues on 
the Pecos River. An ad hoc committee comprised of water users in the 
Pecos River Basin was formed to develop a solution for long-term 
compliance with the Pecos River Compact and Amended Decree, resulting 
in the Settlement Agreement. In addition, the Settlement Agreement is 
contingent on fulfilling certain conditions, including execution of a 
long-term miscellaneous purposes contract.
    For several years Reclamation and the NMISC have worked together to 
address Pecos River water issues. Recently, the two agencies developed 
an approach for the environmental review of proposed Pecos River Basin 
activities that involves two concurrent EIS's: the Miscellaneous 
Purposes Contract EIS (the subject of this Notice of Intent) and the 
Carlsbad Project Water Operations and Water Supply Conservation EIS. 
The latter EIS is being developed to address Reclamation's Carlsbad 
Project water operations and water acquisition program. The 
Miscellaneous Purposes Contract EIS will address the effects of 
entering into a long-term miscellaneous purposes contract and the 
subsequent conversion and delivery of the full amount of irrigation 
water addressed in the miscellaneous purposes contract. Reclamation and 
the NMISC plan to coordinate the environmental analyses for both EIS 
processes.
    The Carlsbad Project is a Federal Reclamation project authorized to 
irrigate 25,055 acres. Reclamation stores and delivers Carlsbad Project 
water for the benefit of the CID. Carlsbad Project facilities on the 
Pecos River include Santa Rosa Dam (owned and operated by the U.S. Army 
Corps of Engineers), Sumner Dam, Brantley Dam, and Avalon Dam. The 
NMISC plans to purchase land, and water rights appurtenant thereto, 
within the boundaries of the CID.
    On February 28, 2003, Reclamation published a notice in the Federal 
Register stating plans to execute a contract with the CID that would 
allow the NMISC to use water allotted for up to 6,000 acres, or other 
available Project water, for purposes other than irrigation. These 
6,000 acres, plus 164 acres that the NMISC currently owns within the 
boundaries of the CID, would be fallowed under this contract. Execution 
of this contract would not preclude future use of the water for 
irrigation purposes on lands owned by the NMISC. The Commissioner of 
Reclamation has granted approval to negotiate and execute a long-term 
miscellaneous purposes contract, pursuant to authority provided by the 
Sale of Water for Miscellaneous Purposes Act of February 25, 1920, 
whereby the NMISC would be limited to using or leasing a maximum of 
50,000 acre-feet of Project water per year.
    The draft EIS on the execution of a long-term miscellaneous 
purposes contract, and the subsequent conversion and delivery of the 
full amount of irrigation water addressed in the long-term 
miscellaneous purpose contract, will disclose the effects of the 
NMISC's use of this water and identify options to mitigate for any 
adverse impacts. Any proposed mitigation will comply with State, 
Federal, and other applicable laws and regulations. During the EIS 
process, opportunities to provide additional environmental, 
recreational, and social benefits may be identified and incorporated 
into the EIS.
    The alternatives to be analyzed in the draft Miscellaneous Purposes 
Contract EIS will include the execution of a long-term miscellaneous 
purposes contract (Proposed Action Alternative), any other alternatives 
identified that fulfill the purpose and need, and a No Action 
Alternative. The draft EIS will assess the potential effects that the 
alternatives may have on Indian trust assets as well as any potential 
disproportionate effects on minority or low-income communities 
(environmental justice). The draft EIS will also evaluate the effects 
of the alternatives on the State of New Mexico's ability to meet annual 
state line delivery obligations associated with the Pecos River Compact 
and Amended Decree.

Public Disclosure

    It is Reclamation's practice to make comments, including names and 
home addresses of respondents, available for public review. Individual 
respondents may request that we withhold their home address from public 
disclosure, which we will honor to the extent allowable by law. There 
also may be circumstances in which we would withhold a respondent's 
identity from public disclosure, as allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public disclosure in their entirety.

    Dated: January 7, 2004.
Rick L. Gold,
Regional Director--Upper Colorado Region, Bureau of Reclamation.
[FR Doc. 04-1097 Filed 1-16-04; 8:45 am]
BILLING CODE 4310-MN-P