Federal Register: August 4, 2009 (Volume 74, Number 148)
DOCID: fr04au09-76 FR Doc E9-18605
DEPARTMENT OF THE INTERIOR
Reclamation Bureau
NOTICE: NOTICES
DOCID: fr04au09-76
DOCUMENT ACTION: Notice.
SUBJECT CATEGORY:
Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Negotiations
DOCUMENT 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.
SUMMARY:
Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Negotiations
SUPPLEMENTAL 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 resourcerelated 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
PSMBP PickSloan 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 837061234, telephone 2083785344. Modified Contract Actions
8. Greenberry ID, Willamette Basin Project, Oregon: Irrigation water service contract for approximately 10,000 acrefeet of project water.
10. Five irrigation water user entities, Rogue River Basin Project, Oregon: Longterm contracts for exchange of water service with five entities for the provision of up to 1,163 acrefeet of stored water from Applegate Reservoir (a USACE project) for irrigation use in exchange for the transfer of outofstream 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: Longterm contracts for exchange of water service with six entities for the provision of up to 4,141 acrefeet of stored water from Applegate Reservoir (a USACE project) for irrigation use in exchange for the transfer of outofstream 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 acrefeet of water has been executed.
MidPacific Region: Bureau of Reclamation, 2800 Cottage Way, Sacramento, California 958251898, telephone 9169785250.
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. 01WC202030 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 longterm
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 longterm water service contracts; water quantities for these contracts total in excess of 2.1M acrefeet. These contract actions will be accomplished through longterm renewal contracts pursuant to Public Law 102575. Prior to completion of negotiation of longterm renewal contracts, existing interim renewal water service contracts may be renewed through successive interim renewal of contracts. Execution of longterm renewal contracts have been completed for the Friant, Shasta, and Trinity River Divisions and are nearly completed for the Delta Division. Longterm renewal contract execution is continuing for the other contractors.
Discontinued Contract Action
32. Cawelo WD and LindsayStrathmore ID, CVP, California: Longterm Warren Act contract for conveying nonproject water for a nonCVP contractor. This action is a duplicate item.
Lower Colorado Region: Bureau of Reclamation, PO Box 61470 (Nevada Highway and Park Street), Boulder City, Nevada 890061470, telephone 7022938192.
New Contract Actions
22. Clark County, BCP, Nevada: Agreement with Clark County for an annual diversion of up to 50 acrefeet 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 Reclamationapproved 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 acrefeet 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 841381102, telephone 801524 3864.
New Contract Actions
1. (g) Charles Weaver, Aspinall Storage Unit, CRSP: Mr. Weaver has requested a 40year water service contract for 1 acrefoot 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 064004901, 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. NavajoGallup Water Supply Project, New Mexico: Repayment contract with the City of Gallup for up to 7,500 acrefeet 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. 11111).
35. NavajoGallup Water Supply Project, New Mexico: Repayment contract with the Jicarilla Apache Nation for up to 1,200 acrefeet 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. 11111).
36. Northwestern New Mexico Rural Water Projects Act, New Mexico: Settlement contract with the Navajo Nation for up to 530,650 acrefeet 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. 11111).
37. NavajoGallup Water Supply Project, New Mexico: Costsharing 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. 11111).
Discontinued Contract Actions
1. (a) Camp IdRaHaJe West Association, Aspinall Storage Unit,
FOR FURTHER INFORMATION CONTACT
Michelle Kelly, Water and Environmental Resources Office, Bureau of Reclamation, PO Box 25007, Denver, Colorado 802250007; telephone 3034452888.