# Notice of Decision and Notice of Availability of the Record of Decision > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-28877 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** November 12, 1996 - **Citation:** 61 FR 58083 ## Text DEPARTMENT OF THE INTERIOR Notice of Decision and Notice of Availability of the Record of Decision SUMMARY: This notice advises the public of (1) the decision of the U.S. Fish and Wildlife Service (Service) with respect to acquiring water rights for the Lahontan Valley wetlands, Churchill County, Nevada; and (2) the availability of the Record of Decision (ROD) for the final Environmental Impact Statement (final EIS) for water rights acquisition for the Lahontan Valley Wetlands. The ROD was prepared in accordance with Council on Environmental Quality regulations (40 CFR 1505.2) and the Service's implementing procedures for the National Environmental Policy Act of 1969 (40 U.S.C. 1501 et seq.) The ROD documents the decision of the Service based on the information contained in the final EIS, which was filed with the Environmental Protection Agency on October 4, 1996. The Service has selected the Preferred Alternative (Alternative 5), as described in the final EIS and ROD, for implementation. Additional clarification regarding implementation of the water rights acquisition strategies of Alternative 5 was added to the ROD. ADDRESS: To obtain a copy of the ROD or for further information, contact Dan Walsworth, Refuge Manager, Stillwater National Wildlife Refuge, P.O. Box 1236, Fallon, Nevada 89407, telephone (702) 423-5128. The Selected Alternative: Based on review of the alternatives and their environmental consequences described in the Final EIS, the Service has selected Alternative 5, the Preferred Alternative. Implementation of Alternative 5 will minimize adverse impacts to the farming community while achieving the 25,000-acre wetland habitat objective and providing flexibility in the use of several water sources. Alternatives Considered: The five alternatives considered were: (1) No Action Alternative, which includes the acquisition of 20,000 AF of water rights form within the Carson Division of the Newlands Project; (2) Proposed Action, which proposes the purchase of up to 122,000 AF of water rights; (3) Least Cost Alternative, which would result in the purchase of up to 100,000 AF of water rights; (4) Maximum Acquisition Alternative, which would result in up to 133,500 AF being purchased; and (5) the Service's Preferred Alternative, which would result in (a) the acquisition of up to 75,000 AF of water rights in the Carson Division, (b) leasing of water, (c) acquisition of water rights from the Middle Carson River corridor, (d) use of conserved U.S. Navy water as available, and (e) pumping of groundwater. Alternatives 2-5 each include the acquisition of 20,000 AF under the No Action Alternative and would provide an annual average of about 125,000 AF of water for wetlands protection. Environmentally Preferred Alternative: The Service considers that Alternative 4 would best enhance and protect the natural environment and natural resources. It would result in the greatest benefit to wetland habitat and wetland-dependent wildlife by providing the highest quality wetland inflow through the exclusive use of irrigation-quality water and the non-use [[Page 58084]] of agricultural drainwater. Of the action alternatives, ecological integrity and health would be highest under Alternative 4 over the long term. Consequently, Alternative 4 has been identified as the environmentally preferred alternative. Mitigation and Monitoring: Whereas Alternative 2 was put forth in the draft EIS as the Service's proposed course of action and would provide the wetlands with a more secure supply of higher quality water, Alternative 5 was selected for implementation in large part because it provides a broader approach by minimizing adverse impacts to farmland, the agricultural community, groundwater recharge, and related resources in the Carson Division. Adverse impacts will be minimized primarily by minimizing the purchase of Carson Division water rights. Of the action alternatives, Alternative 5 would have the least impact on these resources. By implementing Alternative 5, with the mitigation provisions identified in the ROD, all practicable means to avoid or minimize environmental harm have been adopted. Potential mitigation measures were identified in the final EIS for reducing or avoiding adverse impacts to agriculture, groundwater recharge, and wildlife habitat. The ROD lists several of these mitigation measures that the Service has committed to undertake. The Service will implement the specified mitigation measures as part of the water rights acquisition program. The ROD also outlines a monitoring program to which the Service is committed. The Service will continue monitoring the acreage of wetland habitat. Once a long-term average of 25,000 acres of primary wetland habitat is being sustained and it is determined that this long-term average can be sustained, the Service will terminate water rights purchases. The Decision: The decision of the Service is to implement Alternative 5, the Preferred Alternative. Implementation of Alternative 5, as described in Section 2.5.5 of the final EIS, and the mitigation and monitoring identified above, will take effect on December 19, 1996, 45 days after the signing of the ROD. Dated: November 5, 1996. Richard B. Moore, Acting Regional Director, Pacific Region, Portland, Oregon. [FR Doc. 96-28877 Filed 11-8-96; 8:45 am] BILLING CODE 4310-55-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-28877. Public record. Not legal advice.