[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Rules and Regulations]
[Pages 9378-9380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4313]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


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

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of re-opening the public review period for the draft 
environmental impact statement (EIS) on the Allocation of Water Supply 
and Long-Term Contract Execution, Central Arizona Project (CAP) (INT-
DES-00-24).

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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) filed a draft EIS with the U. S. 
Environmental Protection Agency (EPA) on the Allocation of Water Supply 
and Long-Term Contract Execution, CAP, on June 23, 2000. The draft EIS 
proposes allocation of remaining available CAP water and execution of 
associated contracts. Reclamation published a notice of availability 
for the draft EIS in the Federal Register on June 23, 2000 (65 FR 
39177). EPA's notice of availability was published on June 30, 2000 (65 
FR 40629). The public review period for the draft EIS was from June 23, 
2000, to August 25, 2000. On July 12, 2000, a Federal Register notice 
was published (65 FR 43037) indicating that due to legislation passed 
during the public comment period prohibiting the expenditure of 
resources to complete the NEPA process, no public hearings would be 
held; however, written comments on the adequacy of the draft EIS would 
continue to be accepted until August 25, 2000.
    Due to the amount of time that has passed since the original review 
period closed, Reclamation is re-opening the public review period for 
the draft EIS, to receive comments from interested organizations and 
individuals on the adequacy of the draft EIS in describing 
environmental impacts of the proposal. All written comments received 
during the original public review period are part of the record and do 
not have to be resubmitted.
    At this time, Reclamation does not plan to hold any public hearings 
to obtain oral comments on the draft EIS; however, if substantial 
interest in having hearings is expressed, one or more public hearings 
will be scheduled and public notice will be provided in the Federal--
Register.

DATES: If you believe a public hearing should be scheduled, please 
contact Mr. Bruce Ellis by March 15, 2004 (see FOR FURTHER INFORMATION 
CONTACT section below).
    Written comments on this draft EIS must be received no later than 
April 27, 2004.

ADDRESSES: Send written comments to Mr. Bruce Ellis, Chief, 
Environmental Resources Management Division, Bureau of Reclamation, 
Phoenix Area Office (PXAO-1500), PO Box 81169, Phoenix, AZ 85069-1169; 
or by fax (602) 216-4006.
    The draft EIS is available on the Internet at http://www.usbr.gov/lc/phoenix/. Copies of the draft EIS are also available upon request 
from Ms. Janice Kjesbo, Bureau of Reclamation, Phoenix Area Office 
(PXAO-1500), PO Box 81169, Phoenix, AZ 85069-1169, telephone (602) 216-
3864, or fax (602) 216-4006.
    See SUPPLEMENTARY INFORMATION for a list of libraries where the 
draft EIS is available for public inspection and review.

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

SUPPLEMENTARY INFORMATION: As indicated in previous Federal Register 
notices, this NEPA process involves proposed modifications to previous 
CAP water allocations. The purpose and need for the Federal action is 
to allocate remaining available CAP water in a manner that would 
facilitate the resolution of outstanding Indian water rights claims in 
the State of Arizona. Authority for this action is pursuant to the 
Colorado River Basin Project Act of 1968 (Public Law 90-537).
    The proposed allocation is taking place in the context of 
settlement negotiations concerning operation and repayment of the CAP 
and Indian water rights. These negotiations are being conducted by the 
U.S. Departments of the Interior and Justice, with representatives of 
the Central Arizona Water Conservation District (CAWCD) (which operates 
the CAP), several Indian Tribes, Arizona Department of Water Resources 
(ADWR), non-Indian agricultural districts, and several municipalities. 
The Proposed Action (or Settlement Alternative) identified in the draft 
EIS is an allocation of CAP water which is consistent with terms of

[[Page 9379]]

proposed settlements negotiated with these entities. The draft EIS also 
analyzes three alternative allocations of remaining available CAP 
water. A No Action Alternative is also described, which provides a 
baseline for comparing the impacts of the four action alternatives.
    In February 2003, legislation was introduced in the Congress to 
settle claims over Indian water rights, and repayments owed to the 
Federal government by Arizona for construction of the CAP. The proposed 
legislation (H.R. 885 and S. 437), known as the ``Arizona Water 
Settlements Act,'' provides for adjustments to the operation of the 
CAP, authorizes the Gila River Indian Community (GRIC) water rights 
settlement, and reauthorizes and amends the Southern Arizona Water 
Rights Settlement Act of 1982 (SAWRSA). Reallocation of CAP water and 
associated actions identified in the proposed legislation are 
consistent with those described as the Proposed Action (Settlement 
Alternative) and evaluated in the draft EIS. For informational 
purposes, the following is a comparison of the major components of the 
proposed action with the proposed legislation. Citations for the 
Proposed Action are to the draft EIS, Volume 1, dated June 2000. 
Citations to the proposed legislation are shown in italics and are to 
Senate Bill 437, as introduced on February 25, 2003.
    1. Proposed Action. A total of 65,647 acre-feet annually (AFA) of 
currently unallocated municipal and industrial (M&I) priority water 
would be allocated and contracted to M&I entities consistent with State 
recommendations. [p. II-5, and Table 2-1]
    Settlement Act. No change. Act directs Secretary to reallocate the 
65,647 AFA per State recommendations (as reflected for the Settlement 
Alternative in Table 2-1 in the draft EIS). [see Sec.  104(b)]
    2. Proposed Action. A total of 17,000 AFA of M&I priority water 
currently contracted to ASARCO would be voluntarily transferred to GRIC 
pursuant to an agreement between the two parties and would be put under 
contract to GRIC. [p. II-5]
    Settlement Act. No change. [see Sec.  204(b)(3)]
    3. Proposed Action. A total of 37,918 AFA of CAP water currently 
held by the Secretary, as a result of the Roosevelt Water Conservation 
District and Harquahala Valley Irrigation District relinquishments, 
would be used to facilitate Indian water rights claims. [pp. II-5 to 
II-6].
    Settlement Act. No change.
    Of the 37,918 AFA, 36,400 AFA would be allocated and contracted to 
GRIC; the remaining 1,518 AFA would continue to be held for use in 
settling Indian water rights claims in the Salt and Verde River 
watershed. [p. II-6]
    Settlement Act. Of the 37,918 AFA, 36,700 AFA would go to GRIC; the 
remaining 1,218 AFA would continue to be held for use in settling 
Indian water rights claims in the Salt and Verde River watershed. [see 
Sec.  204(b)(1) & (2)] There would be no change from the draft EIS in 
the overall GRIC settlement water budget; the additional 300 AFA of CAP 
water would displace an equal volume of groundwater.
    4. Proposed Action. All allocations of non-Indian agriculture (NIA) 
priority water would be converted to fixed volumes based upon a total 
CAP water supply of 1,415,000 AFA, based upon the assumption that CAP 
water allocated to NIA districts would be voluntarily relinquished 
(estimated to affect a maximum of 295,263 AFA) [p. II-6].
    Settlement Act. No change in concept; however, it is no longer 
assumed all CAP water allocated to NIA districts would be relinquished. 
Water not voluntarily relinquished by NIA districts would not be 
converted to fixed volumes (retained allocations would continue to be 
based upon a percentage of the available CAP agricultural supply). 
Estimated total amount potentially relinquished is 293,795 AFA-a 
reduction of 1,468 AFA due to a change in the way the Hohokam 
Irrigation and Drainage District option water to cities is calculated 
in the Settlement. [see Sec.  104(a)(1) & (2)]
    Assuming the maximum amount is relinquished, the following is 
envisioned to occur:
     Proposed Action. A total of 102,000 AFA of relinquished 
NIA priority water would be reallocated to GRIC as part of a water 
rights settlement agreement; and 28,200 AFA of the relinquished NIA 
priority water would be allocated to Tohono O'odham Nation to satisfy 
Federal obligations under SAWRSA. [p. II-6]
    Settlement Act. No change. [see Sec.  104(a)(1)(A)]
     Proposed Action. A total of 69,800 AFA of relinquished NIA 
priority water would be reserved for Federal use, primarily to 
facilitate future Indian water rights settlements (the draft EIS 
indicates this amount would likely be reduced by 2,500 AFA and that the 
final EIS would reflect the most current agreed upon amount).
    Settlement Act. A total of 67,300 AFA would be reserved for future 
Indian water rights settlements. (The amount was, in fact, reduced by 
2,500 AFA during negotiations.) [see Sec.  104(a)(1)(A)(iii) & (B)]
     Proposed Action. Up to 95,263 AFA of relinquished NIA 
priority water would be distributed for M&I or NIA use by the State of 
Arizona through a process to be established. [p. II-6]
    Settlement Act. No substantive change. The remaining relinquished 
NIA priority water (up to 96,295 AFA) would be held by ADWR in trust 
for future M&I or NIA use in Arizona. Subsequent reallocation of this 
water to M&I or NIA water users would be subject to further NEPA 
review. [see Sec.  104(a)(2)]
    5. Proposed Action. The draft EIS assumes some degree of Federal 
debt relief and Reclamation Reform Act (RRA) relief would be provided 
for NIA users to facilitate relinquishment. [p. II-6]
    Settlement Act. The U.S. would forgive a total of $73,561,337 in 
debt incurred under section 9(d) of the Reclamation Project Act of 
1939; CAWCD would fund upfront the remainder of the outstanding debt 
(approximately $84.5 million); later this debt is to be paid by the 
entities that are allocated the relinquished water. [see Sec.  106(b)] 
RRA relief would be provided. [see Sec.  106(c)]
    6. Proposed Action. The manner in which shortages are allocated 
within the CAP would be agreed upon as part of the Settlement 
Alternative. Water relinquished by NIA districts would retain its 
original NIA priority. Higher priority Colorado River water delivered 
by CAP would continue to retain its priority.
    Settlement Act. No change. The shortage sharing formula is set 
forth in paragraph 8.16 of the GRIC settlement and would be 
incorporated into existing CAP Indian and M&I contracts. [see Sec.  
104(d)(2)(C)]
    7. Proposed Action. Although not stated, the analysis in the draft 
EIS assumes unallocated M&I water would be subcontracted for a term of 
50 years of water service which could be renewed, consistent with 
current subcontract terms.
    Settlement Act. All contracts and subcontracts for CAP water 
(except those for non-Indian agricultural use or those executed under 
paragraph 5(d) of the repayment stipulation) would be offered or 
amended to be for permanent service. [see Sec.  104(d)(2)(A)]
    Reclamation reviewed the portions of the proposed settlement act 
that are relevant to CAP water allocations, to identify any differences 
between what is described in the draft EIS and the proposed 
legislation. Reclamation has

[[Page 9380]]

determined these changes would not result in any significant changes to 
the environmental impacts described in the draft EIS. Therefore, the 
draft EIS has not been revised. The final EIS will, however, be updated 
as necessary to acknowledge the most current proposed reallocation of 
CAP water at that time. As indicated in the draft EIS, in the event a 
final settlement contains modifications that are different from those 
analyzed in this process, Reclamation will evaluate them to determine 
whether or not additional NEPA compliance is required prior to 
implementation.
    A final allocation of remaining available CAP water, and execution 
of contracts for delivery of that water, would provide a level of 
certainty to all entities regarding available future water supplies. 
This, in turn, would enable Arizona water users, Indian and non-Indian 
alike, to develop and implement the systems and infrastructure 
necessary to utilize those water supplies to meet future water demands 
and serve Tribal and community needs.
    Copies of the draft EIS are available for public inspection and 
review at the following libraries:
     Department of the Interior, Natural Resources Library, 
1849 C Street, NW., Washington, DC 20240.
     Bureau of Reclamation, Denver Office Library, Building 67, 
Room 167, Denver Federal Center, 6th and Kipling, Denver, CO 80225.
     Arizona Department of Library Archives and Public Records, 
1700 W. Washington St., Phoenix, AZ 85007.
     Phoenix Public Library (Burton Barr Central), 1221 N. 
Central Ave., Phoenix, AZ 85004.
     Arizona Collection, Hayden Library, Arizona State 
University, Tempe, AZ 85287.
     Government Document Service, Arizona State University, 
Tempe, AZ 85287.
     Arizona State University--West Library, 4701 W. 
Thunderbird Rd., Glendale, AZ 85306.
     University of Arizona, Main Library, 1510 E. University 
Blvd., Tucson, AZ 85721.
     Library, City Hall Annex, 111 E. Pennington, Tucson, AZ 
85701.
     Law Library, County Courthouse (Lower Level), Tucson, AZ 
85701.
     Government Reference Library, City Hall, 9th Floor, 
Tucson, AZ 85701.
     Globe Public Library, 339 S. Broad St., Globe, AZ 85501.
     Casa Grande Public Library, Casa Grande, AZ 85222.
     Coolidge Public Library, 160 W. Central Ave., Coolidge, AZ 
85228.
     Coconino County Public Library, 300 W. Aspen Ave., 
Flagstaff, AZ 86001.
     Cline Library, PO Box 6022, Northern Arizona University, 
Flagstaff, AZ 86011-6022.
     Tuba City Public Library Bldg., 45 W. Maple St., Tuba 
City, AZ 86045.
     Payson Public Library, 510 W. Main, Payson, AZ 85541.
     Sierra Vista Public Library, 2600 E. Tacoma, Sierra Vista, 
AZ 85635.
     Cottonwood Public Library, 100 S. 6th St., Cottonwood, AZ 
86326.
     Parker Public Library, 1001 Navajo Ave., Parker, AZ 85344.
     Green Valley Public Library, 601 N. LaCaZada, Green 
Valley, AZ 85614.
     Octavia Fellin Public Library, 115 W. Hill Ave., Gallup, 
NM 87301.
    Our practice is 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: February 18, 2004.
Willie R. Taylor,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 04-4313 Filed 2-26-04; 8:45 am]
BILLING CODE 4310-MN-P