Quarterly Status Report of Water Service and Repayment Contract Negotiations

Federal RegisterJul 24, 1997

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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

Quarterly Status Report of Water Service and Repayment Contract

Negotiations

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice.

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SUMMARY: Notice is hereby given of proposed contractual actions that

are new, modified, discontinued, or completed since the last

publication of this notice on April 28, 1997. The February 10, 1997,

notice should be used as a reference point to identify changes. 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. Additional Bureau of Reclamation

(Reclamation) 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. 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 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.

ADDRESSES: The identity of the approving officer and other information

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.

FOR FURTHER INFORMATION CONTACT: Alonzo Knapp, Manager, Reclamation

Law, Contracts, and Repayment Office, Bureau of Reclamation, P.O. Box

25007, Denver, Colorado 80225-0007; telephone 303-236-1061 extension

224.

SUPPLEMENTARY INFORMATION: Pursuant to section 226 of the Reclamation

Reform Act of 1982 (96 Stat. 1273) and 43 CFR 426.20 of the rules and

regulations published in 52 FR 11954, Apr. 13, 1987, Reclamation will

publish notice of the 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. Pursuant to the ``Final Revised Public

Participation Procedures'' for water resource-related contract

negotiations, published in 47 FR 7763, Feb. 22, 1982, a tabulation is

provided of all proposed contractual actions in each of the five

Reclamation regions. Each proposed action is, or is expected to be, in

some stage of the contract negotiation process in 1997. 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 (80 Stat. 383), 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. As a minimum, the regional director shall

furnish revised contracts to all parties who requested the contract in

response to the initial public notice.

Acronym Definitions Used Herein

(BCP)--Boulder Canyon Project

(CAP)--Central Arizona Project

(CUP)--Central Utah Project

(CVP)--Central Valley Project

(CRSP)--Colorado River Storage Project

(D&MC)--Drainage and Minor Construction

(FR)--Federal Register

(IDD)--Irrigation and Drainage District

(ID)--Irrigation District

[[Page 39873]]

(M&I)--Municipal and Industrial

(O&M)--Operation and Maintenance

(P-SMBP)--Pick-Sloan Missouri Basin Program

(R&B)--Rehabilitation and Betterment

(PPR)--Present Perfected Right

(RRA)--Reclamation Reform Act

(NEPA)--National Environmental Policy Act

(SOD)--Safety of Dams

(SRPA)--Small Reclamation Projects Act

(WCUA)--Water Conservation and Utilization Act

(WD)--Water District

The following contract actions are either new, modified,

discontinued, or completed in the Bureau of Reclamation since the April

28, 1997, Federal Register notice:

Pacific Northwest Region: Bureau of Reclamation, 1150 North Curtis

Road, Boise, Idaho 83706-1234, telephone 208-378-5346.

Modified contract actions:

4. Lower Payette Ditch Company Ltd., Pioneer Ditch Company, Boise

Project, Idaho; Tumalo ID, Crescent Lake Dam Project, Oregon; Sigmans,

Crooked River Project, Oregon; Monroe Creek ID, Mann Creek Project,

Idaho; Clark and Edwards Canal and Irrigation Company, Enterprise Canal

Company, Ltd., Lenroot Canal Company, Liberty Park Canal Company,

Parsons Ditch Company, Poplar ID, Wearyrick Ditch Company, all in the

Minidoka Project, Idaho; Juniper Flat ID, Wapinitia Project, Oregon;

Roza ID, Yakima Project, Washington: Amendatory repayment and water

service contracts; purpose is to conform to the RRA (Pub. L. 97-293).

21. Hermiston, Stanfield, Westland, and West Extension IDs,

Umatilla Project, Oregon: Temporary contracts to provide water service

for 1997 to lands lying outside of their boundaries. Contracts for 1997

have been executed with Hermiston, Stanfield, and Westland IDs; a

contract for 1997 has not been negotiated with West Extension ID.

24. J.R. Simplot Company Partners, Boise Project, Idaho: Long-term

contract for 3,000 acre-feet of Anderson Ranch Reservoir storage for

M&I use.

25. Eagle Island Water Users Association, Inc., Boise Project,

Idaho: Amendment of water service contract to reduce the Association's

spaceholding in Lucky Peak Reservoir by approximately 5,300 acre-feet,

thereby allowing use of this space by Reclamation for flow

augmentation.

24. Milner ID, Minidoka-Palisades Projects, Idaho: Amendment of

storage contracts to reduce the district's spaceholding in Palisades

Reservoir by up to 5,162 acre-feet, thereby allowing use of this space

by Reclamation for flow augmentation.

Contract actions completed:

21. Hermiston, Stanfield, Westland, and West Extension IDs,

Umatilla Project, Oregon: Temporary contracts to provide water service

for 1997 to lands lying outside of their boundaries. Contracts for 1997

have been executed with Hermiston, Stanfield, and Westland IDs; a

contract for 1997 has not been negotiated with West Extension ID.

Correction:

22. Burley ID, Minidoka Project, Idaho: Warren Act contract with

cost of service charge to allow for use of project facilities to convey

nonproject water. This contract action has not been completed and is

still pending.

Mid-Pacific Region: Bureau of Reclamation, 2800 Cottage Way,

Sacramento, California 95825-1898, telephone 916-979-2401.

New contract actions:

28. Contractors from the Friant Division, CVP, California:

Negotiation of interim renewal contracts with 14 of the Friant Division

contractors, who are parties to long-term water service contracts,

which were recently declared invalid by the United States District

Court, effective March 1, 1998. The total annual quantity of water

allocated pursuant to these contracts is in excess of 1.3M acre-feet.

These contracts will be replaced with interim renewal contracts

negotiated pursuant to the Central Valley Project Improvement Act,

Title XXXIV, of Pub. L. 102-575.

Contract actions completed:

18. Santa Clara Valley WD, CVP, California: Agreement for the

conditional reallocation of a portion of Santa Clara Valley WD's annual

CVP contract water supply to San Luis and Delta-Mendota Water Authority

members. The purpose of the conditional reallocation is to improve

overall management and establish more reliable water supplies without

imposing additional demands or operational changes upon the CVP.

Action: Agreement No. 7-07-20-W1428 executed on April 17, 1997.

19. Central Coast Water Authority, Cachuma Project, California:

Amendment to the Warren Act contract to change the definition of

contract year. This amendment will make the Warren Act contract

consistent with the contract year in the Santa Barbara County Water

Agency's renewed water service contract. Action: Contract No. 5-07-20-

W1282A executed on June 2, 1997.

Lower Colorado Region: Bureau of Reclamation, P.O. Box 61470

(Nevada Highway and Park Street), Boulder City, Nevada 89006-1470,

telephone 702-293-8536.

New contract actions:

62. Bureau of Land Management, BCP, California: Agreement for 1,000

acre-feet of Colorado River water in accordance with a Secretarial

Reservation dated August 30, 1973.

Contract actions modified:

54. Arizona State Lands, BCP, Arizona: Water delivery contract with

Lakeview City for 400 acre-feet of Colorado River water for domestic

use.

Contract actions discontinued:

49. Santa Ana Project Water Shed Authority, SRPA, California: Amend

current contract with United States to shorten repayment schedule from

30 to 20 years.

Contract actions completed:

44. Community Water Company of Green Valley/New Pueblo Water Co.,

CAP, Arizona: Execute an assignment assigning 237 acre-feet of New

Pueblo's CAP water entitlement to Community. Amend Community's CAP

subcontract to increase its entitlement by 237 acre-feet and upon

execution of the assignment from New Pueblo to Community, New Pueblo's

CAP water service subcontract terminates.

50. Elsinore Valley Municipal WD, SRPA, California: Amend current

contract with United States to transfer certain project facilities and

certain O&M responsibilities from District to City of Lake Elsinore.

Upper Colorado Region: Bureau of Reclamation, 125 South State

Street, Room 6107, Salt Lake City, Utah 84138-1102, telephone 801-524-

4419.

New contract actions:

1.(e) Lazear Domestic Water Corporation: Aspinall Unit, CRSP;

Colorado: Contract for 44 acre-feet to support an augmentation plan,

Case No. 95CW209, Water Division Court No. 4, State of Colorado, to

provide domestic water service to up to 100 residences, lawns, gardens,

and livestock watering.

22. Weber Basin Water Conservancy District, Weber Basin Project,

Utah: Repayment contract for SOD modification of Lost Creek Dam. The

estimated cost of the modification is $16,000,000 of which 15 percent

must be repaid from both irrigation and M&I use.

23. El Paso County Water Improvement District No. 1, Rio Grande

Project, Texas and New Mexico: Supplemental contract between El Paso

County Water Improvement District No. 1 and the United States to allow

the conversion of project water from irrigation to M&I within the El

Paso area.

[[Page 39874]]

24. Individual Irrigators, Dolores Project, Colorado: The United

States proposes to lease up to 1,500 acre-feet of project water

declared surplus under the authority of the Warren Act of 1911.

Contract actions completed:

1.(c) Dr. Henry Estess: Wayne N. Aspinall Unit, CRSP, Colorado:

Contract for 30 acre-feet of M&I water from Blue Mesa Reservoir for

augmentation to replace evaporative losses from a fishery/wildlife area

on his property.

1.(d) Crested Butte South Metropolitan District: Aspinall Unit,

CRSP, Colorado: Contract for 13 acre-feet for domestic, municipal, and

irrigation (including irrigation of lawns and golf course).

17. Highland Conservation District, Provo River Project, Utah:

Water transfer agreement between District and Highland City involving

change of use from irrigation to M&I.

Great Plains Region: Bureau of Reclamation, P.O. Box 36900, Federal

Building, 316 North 26th Street, Billings, Montana 59107-6900,

telephone 406-247-7730.

New contract actions:

29. Angostura ID, Angostura Unit, P-SMBP, South Dakota: The

District had a contract for water service which expired on December 31,

1995. An interim 3-year contract provides for a continuing water supply

and the District to operate and maintain the dam and reservoir. The

proposed long-term contract would provide a continued water supply for

the District and the District's continued O&M of the facility.

30. Glendo Unit, P-SMBP, Wyoming: Initiate negotiations for renewal

of long-term water service contracts with Burbank Ditch, New Grattan

Ditch Company, Torrington ID, Lucerne Canal and Power Company, and

Wright and Murphy Ditch Company. The current contracts expire in 1998.

31. Glendo Unit, P-SMBP, Nebraska: Initiate negotiations for

renewal of long-term water service contracts with Bridgeport,

Enterprise, and Mitchell IDs, and Central Nebraska Public Power and ID.

The current contracts expire in 1998.

32. Belle Fourche Unit, P-SMBP, South Dakota: Basis of negotiation

has been submitted requesting deferment of the Belle Fourche ID's 1997

construction payment and also reduction of the District's annual

payment.

Contract actions modified:

12. Enders Dam, Frenchman-Cambridge Division, Frenchman Unit,

Nebraska: Repayment contract for proposed SOD modifications to Enders

Dam for repair of seeping drainage features. Estimated cost of the

repairs is $632,000. Approval has been obtained to modify the repayment

period of the SOD costs for up to 10 years. Repayment contracts for the

SOD repairs have been signed.

17. Canyon Ferry Unit, P-SMBP, Montana: Water service contract with

Montana Tunnels Mining, Inc., expires June 1997. Basis of negotiation

completed for renewal of existing contract for an additional 10 years.

A temporary contract has been issued pending negotiation of the long-

term contract for water service.

18. P-SMBP, Kansas: Water service contracts with the Kirwin and

Webster IDs in the Solomon River Basin in Kansas will be extended for a

period of 4 years in accordance with Pub. L. 104-326 enacted October

19, 1996. Water service contracts will be renewed prior to expiration.

Dated: July 17, 1997.

Wayne O. Deason,

Deputy Director, Program Analysis Office.

[FR Doc. 97-19440 Filed 7-23-97; 8:45 am]

BILLING CODE 4310-94-P

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