[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Pages 38669-38672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18605]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Quarterly Status Report of Water Service, Repayment, and Other 
Water-Related Contract Negotiations

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given of contractual actions that have been 
proposed to the Bureau of Reclamation and are new, modified, 
discontinued, or completed since the last publication of this notice on 
June 24, 2009. This notice is one of a variety of means used to inform 
the public about proposed contractual actions for capital recovery and 
management of project resources and facilities consistent with section 
9(f) of the Reclamation Project Act of 1939. Additional announcements 
of individual contract actions may be published in the Federal Register 
and in newspapers of general circulation in the areas determined by 
Reclamation to be affected by the proposed action.

ADDRESSES: The identity of the approving officer and other information

[[Page 38670]]

pertaining to a specific contract proposal may be obtained by calling 
or writing the appropriate regional office at the address and telephone 
number given for each region in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Michelle Kelly, Water and 
Environmental Resources Office, Bureau of Reclamation, PO Box 25007, 
Denver, Colorado 80225-0007; telephone 303-445-2888.

SUPPLEMENTARY INFORMATION: Consistent with section 9(f) of the 
Reclamation Project Act of 1939 and the rules and regulations published 
in 52 FR 11954, April 13, 1987 (43 CFR 426.22), Reclamation will 
publish notice of proposed or amendatory contract actions for any 
contract for the delivery of project water for authorized uses in 
newspapers of general circulation in the affected area at least 60 days 
prior to contract execution. Announcements may be in the form of news 
releases, legal notices, official letters, memorandums, or other forms 
of written material. Meetings, workshops, and/or hearings may also be 
used, as appropriate, to provide local publicity. The public 
participation procedures do not apply to proposed contracts for the 
sale of surplus or interim irrigation water for a term of 1 year or 
less. Either of the contracting parties may invite the public to 
observe contract proceedings. All public participation procedures will 
be coordinated with those involved in complying with the National 
Environmental Policy Act. Pursuant to the ``Final Revised Public 
Participation Procedures'' for water resource-related contract 
negotiations, published in 47 FR 7763, February 22, 1982, a tabulation 
is provided of all proposed contractual actions in each of the five 
Reclamation regions. When contract negotiations are completed, and 
prior to execution, each proposed contract form must be approved by the 
Secretary of the Interior, or pursuant to delegated or redelegated 
authority, the Commissioner of Reclamation or one of the regional 
directors. In some instances, congressional review and approval of a 
report, water rate, or other terms and conditions of the contract may 
be involved.
    Public participation in and receipt of comments on contract 
proposals will be facilitated by adherence to the following procedures:
    1. Only persons authorized to act on behalf of the contracting 
entities may negotiate the terms and conditions of a specific contract 
proposal.
    2. Advance notice of meetings or hearings will be furnished to 
those parties that have made a timely written request for such notice 
to the appropriate regional or project office of Reclamation.
    3. Written correspondence regarding proposed contracts may be made 
available to the general public pursuant to the terms and procedures of 
the Freedom of Information Act, as amended.
    4. Written comments on a proposed contract or contract action must 
be submitted to the appropriate regional officials at the locations and 
within the time limits set forth in the advance public notices.
    5. All written comments received and testimony presented at any 
public hearings will be reviewed and summarized by the appropriate 
regional office for use by the contract approving authority.
    6. Copies of specific proposed contracts may be obtained from the 
appropriate regional director or his designated public contact as they 
become available for review and comment.
    7. In the event modifications are made in the form of a proposed 
contract, the appropriate regional director shall determine whether 
republication of the notice and/or extension of the comment period is 
necessary.
    Factors considered in making such a determination shall include, 
but are not limited to (i) the significance of the modification, and 
(ii) the degree of public interest which has been expressed over the 
course of the negotiations. At a minimum, the regional director shall 
furnish revised contracts to all parties who requested the contract in 
response to the initial public notice.

Definitions of Abbreviations Frequently Used in This Document

ARRA American Recovery and Reinvestment Act of 2009
BCP Boulder Canyon Project
Reclamation Bureau of Reclamation
CAP Central Arizona Project
CVP Central Valley Project
CRSP Colorado River Storage Project
FR Federal Register
IDD Irrigation and Drainage District
ID Irrigation District
M&I Municipal and Industrial
NMISC New Mexico Interstate Stream Commission
O&M Operation and Maintenance
P-SMBP Pick-Sloan Missouri Basin Program
PPR Present Perfected Right
RRA Reclamation Reform Act of 1982
SOD Safety of Dams
SRPA Small Reclamation Projects Act of 1956
USACE U.S. Army Corps of Engineers
WD Water District

    Pacific Northwest Region: Bureau of Reclamation, 1150 North Curtis 
Road, Suite 100, Boise, Idaho 83706-1234, telephone 208-378-5344.

Modified Contract Actions

    8. Greenberry ID, Willamette Basin Project, Oregon: Irrigation 
water service contract for approximately 10,000 acre-feet of project 
water.
    10. Five irrigation water user entities, Rogue River Basin Project, 
Oregon: Long-term contracts for exchange of water service with five 
entities for the provision of up to 1,163 acre-feet of stored water 
from Applegate Reservoir (a USACE project) for irrigation use in 
exchange for the transfer of out-of-stream water rights from the Little 
Applegate River to instream flow rights with the State of Oregon for 
instream flow use. This item was mistakenly listed as completed in the 
May 9, 2008, FR.

Completed Contract Action

    10. Six irrigation water user entities, Rogue River Basin Project, 
Oregon: Long-term contracts for exchange of water service with six 
entities for the provision of up to 4,141 acre-feet of stored water 
from Applegate Reservoir (a USACE project) for irrigation use in 
exchange for the transfer of out-of-stream water rights from the Little 
Applegate River to instream flow rights with the State of Oregon for 
instream flow use. This item was mistakenly listed as completed in the 
May 9, 2008, FR. One contract for up to 2,978 acre-feet of water has 
been executed.
    Mid-Pacific Region: Bureau of Reclamation, 2800 Cottage Way, 
Sacramento, California 95825-1898, telephone 916-978-5250.

New Contract Actions

    39. California Department of Fish and Game, CVP, California: 
Proposed renewal of a water service contract for the Department's San 
Joaquin Fish Hatchery. Contract would allow 35 cubic feet per second of 
continuous flow to pass through the Hatchery prior to it returning to 
the San Joaquin River.
    40. Cachuma Operation and Maintenance Board, Cachuma Project, 
California: Amendment to SOD contract No. 01-WC-20-2030 to provide for 
increased SOD costs associated with Bradbury Dam.
    41. Contractors from the Friant Division, CVP, California: 
Contracts to be negotiated and executed with existing Friant long-term 
contractors for the conversion from water service contracts entered 
into pursuant to subsections 9(c) and 9(e) of the Reclamation Projects 
Act of 1939 to

[[Page 38671]]

repayment contracts pursuant to subsection 9(d) of the Reclamation 
Projects Act of 1939. This action is intended to satisfy the mandate 
set forth in section 10010 of Title X of the Omnibus Public Land 
Management Act of 2009. Negotiations are scheduled to begin late July 
2009.

Modified Contract Action

    2. Contractors from the American River Division, Cross Valley 
Canal, San Felipe Division, West San Joaquin Division, Delta Division, 
and Elk Creek Community Services District; CVP; California: Renewal of 
29 long-term water service contracts; water quantities for these 
contracts total in excess of 2.1M acre-feet. These contract actions 
will be accomplished through long-term renewal contracts pursuant to 
Public Law 102-575. Prior to completion of negotiation of long-term 
renewal contracts, existing interim renewal water service contracts may 
be renewed through successive interim renewal of contracts. Execution 
of long-term renewal contracts have been completed for the Friant, 
Shasta, and Trinity River Divisions and are nearly completed for the 
Delta Division. Long-term renewal contract execution is continuing for 
the other contractors.

Discontinued Contract Action

    32. Cawelo WD and Lindsay-Strathmore ID, CVP, California: Long-term 
Warren Act contract for conveying nonproject water for a non-CVP 
contractor. This action is a duplicate item.
    Lower Colorado Region: Bureau of Reclamation, PO Box 61470 (Nevada 
Highway and Park Street), Boulder City, Nevada 89006-1470, telephone 
702-293-8192.

New Contract Actions

    22. Clark County, BCP, Nevada: Agreement with Clark County for an 
annual diversion of up to 50 acre-feet of Colorado River water from 
Reclamation's Secretarial Reservation Entitlement for use on 
Reclamation land that is managed by Clark County and is part of the 
Laughlin Regional Heritage Greenway Train Project. Specifically, the 
water will be used for a natural bathing area (lagoon), construction, 
dust control, and riparian revegetation, which are all features of the 
Reclamation-approved Project.
    23. ChaCha, LLC, Arizona, BCP: Partial assignment of the water 
delivery contract with ChaCha, LLC for transfer of ownership of 50 
percent of the land within ChaCha LLC's contract service area. ChaCha 
LLC's 50 percent ownership will transfer to the following entities 
(undivided interest): Befra Farming, LLC, a California limited 
liability company; R&R Almond Orchards, Inc., a California corporation; 
and XLNT, LLC, a California limited liability company.

Completed Contract Action

    6. Chacha AZ, LLC, BCP, Arizona: Contract for 2,100 acre-feet per 
year of fourth priority water for agricultural purposes, as recommended 
by the Arizona Department of Water Resources. Contract executed on May 
1, 2009.
    Upper Colorado Region: Bureau of Reclamation, 125 South State 
Street, Room 6107, Salt Lake City, Utah 84138-1102, telephone 801-524-
3864.

New Contract Actions

    1. (g) Charles Weaver, Aspinall Storage Unit, CRSP: Mr. Weaver has 
requested a 40-year water service contract for 1 acre-foot of M&I water 
out of Blue Mesa Reservoir, which requires Mr. Weaver to present a Plan 
of Augmentation to the Division 4 Water Court.
    33. Pine Glen, LLC, Mancos Project, Colorado: Pine Glen LLC has 
requested a new carriage contract to replace existing contract No. 14-
06-400-4901, assignment No. 6. The new contract is the result of a 
property sale. Remaining interest in the existing assignment is for 
0.56 cubic feet per second of nonproject water to be carried through 
Mancos Project facilities.
    34. Navajo-Gallup Water Supply Project, New Mexico: Repayment 
contract with the City of Gallup for up to 7,500 acre-feet per year of 
M&I water. Contract terms to be consistent with the Northwestern New 
Mexico Rural Water Projects Act (Title X of Pub. L. 111-11).
    35. Navajo-Gallup Water Supply Project, New Mexico: Repayment 
contract with the Jicarilla Apache Nation for up to 1,200 acre-feet per 
year of M&I water. Contract terms to be consistent with the 
Northwestern New Mexico Rural Water Projects Act (Title X of Pub. L. 
111-11).
    36. Northwestern New Mexico Rural Water Projects Act, New Mexico: 
Settlement contract with the Navajo Nation for up to 530,650 acre-feet 
per year of irrigation and M&I water. Contract terms to be consistent 
with the Northwestern New Mexico Rural Water Projects Act (Title X of 
Pub. L. 111-11).
    37. Navajo-Gallup Water Supply Project, New Mexico: Cost-sharing 
agreement with the State of New Mexico. Contract terms to be consistent 
with the Northwestern New Mexico Rural Water Projects Act (Title X of 
Pub. L. 111-11).

Discontinued Contract Actions

    1. (a) Camp Id-Ra-Ha-Je West Association, Aspinall Storage Unit, 
CRSP: Camp Id-Ra-Ha-Je West Association has requested a 40-year water 
service contract for 1 acre-foot of M&I water out of Blue Mesa 
Reservoir, which requires Camp Id-Ra-Ha-Je West Association to present 
a Plan of Augmentation to the Division 4 Water Court.

Completed Contract Actions

    1. (e) Horse Meadows Home Owners Association, Aspinall Unit, CRSP: 
The Association has requested a 40-year water service contract for 1 
acre-foot of M&I water out of Blue Mesa Reservoir, which requires the 
Association to present a Plan of Augmentation to the Division 4 Water 
Court. Contract was executed April 29, 2009.
    1. (f) David Beaulieu, Aspinall Storage Unit, CRSP: Mr. Beaulieu 
has requested a 40-year water service contract for 1 acre-foot of M&I 
water out of Blue Mesa Reservoir, which requires Mr. Beaulieu to 
present a Plan of Augmentation to the Division 4 Water Court. Contract 
was executed April 1, 2009.
    25. Florida Water Conservancy District, Florida Project, Colorado: 
The District has requested a long-term water service contract for 114 
acre-feet of water for project purposes to be used in Plans of 
Augmentation and Substitute Water Supply Plans from the Florida 
Project. Contract was executed April 2, 2009.
    28. Glen, Michael D, and Tambra Spencer; Mancos Project; Colorado: 
The parties have requested a new carriage contract to replace existing 
contract No. 02-WC-40-8290. Existing carriage contract is for 1 cubic 
foot per second of nonproject water to be carried through Mancos 
Project facilities. The new contract will add 2 cubic feet per second 
to the existing quantity for a total of 3 cubic feet per second. 
Contract was executed May 14, 2009.
    31. City of Santa Fe and Reclamation: Contract to store up to 
50,000 acre-feet of San Juan-Chama Project Water in Elephant Butte 
Reservoir for a 40-year maximum term. This action is a duplicate item.
    Great Plains Region: Bureau of Reclamation, PO Box 36900, Federal 
Building, 316 North 26th Street, Billings, Montana 59101, telephone 
406-247-7752.

New Contract Actions

    45. Green Mountain Reservoir, Colorado-Big Thompson Project, 
Colorado: Consideration of a request for a long-term contract for the 
use of

[[Page 38672]]

excess capacity in Green Mountain Reservoir in the Colorado-Big 
Thompson Project.
    46. Municipal Recreation Contract out of Granby Reservoir, 
Colorado-Big Thompson Project, Colorado: Water service contract for 
delivery of 5,412.5 acre-feet of water annually out of Lake Granby to 
the 15-Mile Reach.
    47. Rocky Mountain National Park, Colorado-Big Thompson Project, 
Colorado: Amendment to the existing memorandum of understanding for 
project water.
    48. Glen Elder ID; Glen Elder Unit, P-SMBP; Kansas: Intent to enter 
into a contract for repayment of extraordinary maintenance work on the 
spillway structure in accordance with the ARRA.
    49. Mirage Flats ID, Mirage Flats Project, Nebraska: Request to 
amend contract to change billing date from May to July.
    50. Glen Elder ID; Glen Elder Unit, P-SMBP; Kansas: Renewal of 
long-term water service contract.
    51. State of Kansas Department of Wildlife and Parks; Glen Elder 
Unit, P-SMBP; Kansas: Reclamation is contemplating a contract for the 
remaining conservation storage in Waconda Lake.

Modified Contract Actions

    3. Ruedi Reservoir, Fryingpan-Arkansas Project, Colorado: Second 
round water sales from the regulatory capacity of Ruedi Reservoir. 
Water service and repayment contracts for up to 17,000 acre-feet 
annually.

Discontinued Contract Actions

    18. City of Golden, Colorado-Big Thompson Project, Colorado: 
Consideration of a request for a long-term agreement for power 
interference in the Colorado-Big Thompson Project.

Completed Contract Actions

    6. Dickinson Parks and Recreation District; Dickinson Unit, P-SMBP; 
North Dakota: A temporary contract has been negotiated with the 
District for minor amounts of water from Dickinson Reservoir. Negotiate 
a long-term water service contract for minor amounts of water from 
Dickinson Reservoir. Contract was executed May 26, 2009.
    26. Individual Irrigators; Canyon Ferry Unit, P-SMBP; Montana: 
Replace temporary 1-year contracts with long-term water service 
contracts for minor amounts of less than 1,000 acre-feet of irrigation 
water annually from the Missouri River below Canyon Ferry Dam. 
Contracts executed June 10, 2009.

    Dated: July 2, 2009.
Roseann Gonzales,
Director, Policy and Program Services Denver Office.
[FR Doc. E9-18605 Filed 8-3-09; 8:45 am]
BILLING CODE 4310-MN-P