Quarterly Status Report of Water Service and Repayment Contract Negotiations

Federal RegisterApr 22, 1998

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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 January 27, 1998. The January 27, 1998,

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, PO Box

25007, Denver, Colorado 80225-0007; telephone 303-445-2889.

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 1998. 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.

[[Page 19943]]

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

(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

Pacific Northwest Region

Bureau of Reclamation, 1150 North Curtis Road, Boise, Idaho 83706-

1234, telephone 208-378-5346.

Modified contract actions:

4. Pioneer Ditch Company, Boise 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 District Improvement Company, Wapinitia Project, Oregon;

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

service contracts; purpose is to conform to the Reclamation Reform Act

of 1982 (Pub. L. 97-293).

12. Five individual contractors, Umatilla Project, Oregon:

Repayment agreements for reimbursable cost of dam safety repairs to

McKay Dam.

16. Okanogan ID, Okanogan Project, Washington: SOD contract to

repay district's share of cost of dam safety repairs to Salmon Lake

Dam. An Early Warning System is now part of the SOD repair.

Discontinued contract actions:

17. Rogue River Valley and Medford IDs, Rogue River Basin Project,

Oregon: SOD contract to repay each district's share of cost to repair

Fish Lake Dam. Each district will be sent a bill, so no contract is

needed.

Completed contract actions:

4. Lake Chelan Reclamation District, Chief Joseph Dam Project,

Washington; Consolidated ID, Spokane Valley Project, Washington;

Individual Contractors, Crooked River Project, Oregon; Lower Payette

Ditch Company Ltd., Boise Project, Idaho; Tumalo ID, District, Crescent

Lake Dam Project, Oregon; Monroe Creek ID, Mann Creek Project, Idaho:

Amendatory repayment and water service contracts; purpose is to conform

to the Reclamation Reform Act of 1982 (Pub. L. 97-293).

12. Twenty-one individual contractors, Umatilla Project, Oregon:

Repayment agreements for reimbursable cost of dam safety repairs to

McKay Dam. Agreements have been executed with 66 individual

contractors.

Mid-Pacific Region

Bureau of Reclamation, 2800 Cottage Way, Sacramento, California

95825-1898, telephone 916-979-2401.

New contract actions:

28. Langell Valley, Horsefly, and Tulelake IDs, Klamath Project,

Oregon: Repayment contract for SOD work on Clear Lake Dam.

29. Widren WD, CVP, California: Assignment of Widren WD's water

service contract to the City of Tracy. The assignment will require

approval of conversion of Widren's CVP irrigation water to M&I water.

Lower Colorado Region

Bureau of Reclamation, PO Box 61470 (Nevada Highway and Park

Street), Boulder City, Nevada 89006-1470, telephone 702-293-8536.

New contract actions:

47. Sun City Water Co., CAP, Arizona: Assignment of 9,654 acre-feet

to Citizens Utilities, Aqua Fria Division.

48. Arizona Public Service Co., BCP, Arizona: Delivery contract for

up to 1,500 acre-feet of unused Arizona entitlement.

49. City of Scottsdale, CAP, Arizona: Assignment of 3,232 acre-feet

of CAP water annually from Cottonwood Water Works, Inc., and Camp Verde

Water System, Inc.

Modified contract actions:

37. Berneil Water Co., CAP Arizona: Subcontracts associated with

partial assignment of water service to the City of Scottsdale and Cave

Creek Water Company.

Completed contracts actions:

31. 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. Upon

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

CAP water service subcontract would terminate.

37. Berneil Water Co., CAP Arizona: Subcontracts associated with

partial assignment of water service to the City of Phoenix.

45. Arizona State Lands, CAP, Arizona: Assignment of 3,900 acre-

feet of CAP water to the City of Scottsdale.

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) City of Page, Arizona, Glen Canyon Unit, Colorado River

Storage Project; Arizona: Long-term contract for 300 acre-feet of water

for municipal purposes.

22. Carbon Water Conservancy District, Scofield Project, Utah:

Amendment to SOD contract to raise contract repayment ceiling on the

M&I obligation and replace estimated SOD costs with actuals.

23. Carlsbad ID, Carlsbad Project, New Mexico: Contract to allow

the district to lease water to the New Mexico Interstate Stream

Commission to fulfill New Mexico's water obligation to Texas under

Supreme Court's Amended Decree in Texas v. New Mexico 485 U.S.

288(1988).

24. Ute Water Conservancy District, Collbran Project, Colorado:

License Agreement for use of project lands and an agreement addressing

charges for benefits derived from project facilities.

25. Robbins Ranches, Mancos Project, Colorado: Long-term contract

for the carriage of 2.5 cfs of water for irrigation purposes under the

authority of the Warren Act of 1911.

Modified contract actions:

4. Pine River ID, Pine River Project, Colorado: Contract to allow

the district to convert up to 2,000 acre-feet of project irrigation

water to municipal, domestic, and industrial uses.

Completed contract actions:

1(b) 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.

[[Page 19944]]

6. City of El Paso, Rio Grande Project, Texas and New Mexico:

Amendment to the 1941 and 1962 contracts to expand acreage owned by the

city to 3,000 acres; extend terms of water rights assignments; and

allow assignments outside city limits under authority of the Public

Service Board.

15. Provo Reservoir Water Users Company, Wasatch Irrigation

Company, Timpanogas Irrigation Company, Exchange Irrigation Company,

Washington Irrigation Company, and the City of Provo; CUP, Utah: Water

exchange contracts, water rights in several mountain lakes and

reservoirs are being exchanged for equivalent contract water rights in

Jordanelle Reservoir.

20. 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.

Great Plains Region

Bureau of Reclamation, PO Box 36900, Federal Building, 316 North

26th Street, Billings, Montana 59107-6900, telephone 406-247-7730.

Modified contract actions:

7. City of Rapid City, Rapid Valley Unit, P-SMBP, South Dakota:

Contract renewal for up to 55,000 acre-feet of storage capacity in

Pactola Reservoir.

13. P-SMBP, Kansas and Nebraska: Initiate negotiations for renewal

of long-term water supply contracts with Kansas-Bostwick, Nebraska-

Bostwick, Frenchman Valley, Frenchman-Cambridge, and Almena IDs.

14. Northwest Area Water Supply, North Dakota: Long-term contract

for water supply from Garrison Diversion Unit facilities. Basis of

negotiation is completed and awaiting regional director's signature.

15. Fort Shaw and Greenfields IDs, Sun River Project, Montana:

Contract for SOD costs for repairs to Willow Creek Dam. Greenfields ID

has signed a 1-year repayment contract for its share of the SOD costs.

Have received the approved basis of negotiation from the Commissioner.

In the process of negotiating a contract with Fort Shaw ID.

25. Lower Marias Unit, P-SMBP, Montana: Water service contract

expired June 1997. Initiating renewal of existing contract for 25 years

for up to 480 acre-feet of storage from Tiber Reservoir to irrigate 160

acres. Received approved basis of negotiation from the Commissioner.

Currently developing the contract and consulting with the tribes

regarding Water Rights Compact.

29. Belle Fourche Unit, P-SMBP, South Dakota: Negotiations have

been held with the Belle Fourche ID to amend their long-term repayment

contract deferring their 1997 construction payment and reducing their

annual construction payment.

Dated: April 15, 1998.

Wayne O. Deason,

Deputy Director, Program Analysis Office.

[FR Doc. 98-10589 Filed 4-21-98; 8:45 am]

BILLING CODE 4310-94-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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