[Federal Register Volume 71, Number 140 (Friday, July 21, 2006)]
[Notices]
[Pages 41467-41468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11678]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

[FES-06-19]


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

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of Availability for the Long-Term Miscellaneous Purposes 
Contract Final Environmental Impact Statement, Eddy County, New Mexico.

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SUMMARY: The Bureau of Reclamation (Reclamation) and the New Mexico 
Interstate Stream Commission (NMISC), as joint lead agencies, have 
prepared and made available to the public a final environmental impact 
statement (FEIS) pursuant to Section 102(2)(c) of the National 
Environmental Policy Act of 1969, as amended, 42 United States Code 
4332.

ADDRESSES: Copies of the FEIS are available for public inspection and 
review at the following locations:
     Bureau of Reclamation, Upper Colorado Regional Office, 125 
South State Street, Room 7220, Salt Lake City, Utah 84138-1102.
     Bureau of Reclamation, Albuquerque Area Office, Attention: 
Marsha Carra, 555 Broadway NE., Suite 100, Albuquerque, New Mexico 
87102.
     New Mexico Interstate Stream Commission, Attention: Elisa 
Sims, 230 West Manhattan Avenue, 2nd Floor, Santa Fe, New Mexico 87501.
     Carlsbad Public Library, 101 South Halagueno Street, 
Carlsbad, New Mexico 88221.
     Carlsbad Irrigation District, 201 South Canal Street, 
Carlsbad, New Mexico 88220.
    The FEIS is also available on the Internet at the following Web 
address: http://www.usbr.gov/uc/albuq/envdocs/index.html. In addition, 
interested parties may contact Ms. Aleta Powers, ERO Resources 
Corporation, 1842 Clarkson Street, Denver, Colorado 80218; telephone 
(303) 830-1188; e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Marsha Carra, Bureau of 
Reclamation, Albuquerque Area Office, 555 Broadway NE., Suite 100, 
Albuquerque, New Mexico 87102; telephone (505) 462-3602; facsimile 
(505) 462-3780; e-mail: [email protected] or Elisa Sims, New Mexico 
Interstate Stream Commission, P.O. Box 25102, Santa Fe, New Mexico 
87504-5102, telephone (505) 827-3918.

SUPPLEMENTARY INFORMATION: Between 1987 and the present, New Mexico has 
satisfied its water delivery obligations to Texas under the Pecos River 
Compact (Compact) and Amended Decree. In some years, New Mexico has 
over-delivered water to the state line and in other years it has under-
delivered. New Mexico has been able to satisfy its Compact obligations 
in large part because of its leasing program and the fallowing of 
irrigated land within the Carlsbad Irrigation District (CID). The 
leasing program within the CID has operated under an existing short-
term miscellaneous purposes contract since 1992, which allows foregone, 
leased irrigation water to be delivered to the state line on behalf of 
the NMISC.
    The State of New Mexico ex rel. the State Engineer, NMISC, 
Reclamation, the CID, and the Pecos Valley Artesian Conservancy 
District entered into a Settlement Agreement on March 25, 2003, that 
resolves litigation, 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 
implementation of the Settlement Agreement is contingent upon 
fulfilling certain requirements, including the execution of a long-term 
miscellaneous purposes contract.
    On February 28, 2003, Reclamation published a notice in the Federal 
Register (68 FR 9715-9722) stating plans to execute a contract with the 
CID that would allow the NMISC to lease water allotted for up to 6,000 
acres, or other available Carlsbad Project water (Project water), for 
purposes other than irrigation, i.e., bypassing water, allowing it to 
be delivered to Texas. These 6,000 acres, plus 164 acres that the NMISC 
currently owns within the boundaries of the CID, would be

[[Page 41468]]

fallowed under this contract. 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.

Purpose and Need for Action

    The purpose of Reclamation's proposed Federal action is to allow 
the NMISC to use 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 that NMISC leases, for purposes other 
than irrigation, specifically for delivery to Texas. As a member of the 
CID, the NMISC needs to use Project water for purposes other than 
irrigation to maintain long-term compliance with the Pecos River 
Compact and the United States Supreme Court Amended Decree in Texas v. 
New Mexico. 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 Project water for miscellaneous purposes.

Proposed Federal Action

    Reclamation's preferred alternative is the execution of a long-term 
miscellaneous purposes contract and approval of any related third-party 
contracts. The FEIS assesses the potential effects that the alternative 
may have on biological, hydrologic, and cultural resources; social and 
economic settings; and Indian trust assets as well as any potential 
disproportionate effects on minority or low-income communities 
(environmental justice). The FEIS also evaluates 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.
    The Long-Term Miscellaneous Purposes Contract Draft Environmental 
Impact Statement (DEIS) was filed with the Environmental Protection 
Agency on January 12, 2006, and a Notice of Availability for the DEIS 
was published in the Federal Register on that same date. The 60-day 
review and comment period for the DEIS ended on March 13, 2006. During 
the comment period, one public meeting was held in Carlsbad, New 
Mexico. All comments received on the DEIS were carefully reviewed and 
considered in preparing the FEIS. Where appropriate, revisions were 
made to the document in response to specific comments. The comments and 
responses, together with the final environmental impact statement, will 
be considered in determining whether or not to implement the proposed 
action.
    No decision will be made on the proposed Federal action until 30 
days after release of the FEIS. After the 30-day waiting period, 
Reclamation will complete a Record of Decision. The Record of Decision 
will state the action that will be implemented and discuss all factors 
leading to that decision.

     Dated: June 9, 2006.
 Dave Sabo,
 Assistant Regional Director--UC Region, Bureau of Reclamation.
 [FR Doc. E6-11678 Filed 7-20-06; 8:45 am]
BILLING CODE 4310-MN-P