# Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Negotiations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-18553 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** July 21, 1999 - **Citation:** 64 FR 39171 ## Text 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 proposed contractual actions that are new, modified, discontinued, or completed since the last publication of this notice on April 27, 1999. The January 22, 1999, 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 1999. 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 (BON) Basis of Negotiation (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 (NEPA) National Environmental Policy Act (O&M) Operation and Maintenance (P-SMBP) Pick-Sloan Missouri Basin Program (PPR) Present Perfected Right (RRA) Reclamation Reform Act (R&B) Rehabilitation and Betterment (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, Suite 100, Boise, Idaho 83706-1234, telephone 208-378-5346. The Pacific Northwest Region has no updates to report for this quarter. Please refer to the January 22, 1999, publication of this notice for current contract actions. Mid-Pacific Region: Bureau of Reclamation, 2800 Cottage Way, Sacramento, California 95825-1898, telephone 916-978-5250. New contract actions: 40. Byron-Bethany ID, CVP, California: Long-term Warren Act contract for conveyance of non-project water in the Delta-Mendota Canal. Modified contract actions: 6. El Dorado County Water Agency, CVP, California: M&I water service contract for 15,000 acre-feet to supplement existing water supply, authorized by Public Law 101-514. 14. Mercy Springs WD, CVP, California: Assignment of Mercy Springs Water District's water service contract to Pajaro Valley Water Management Agency. The assignment will provide for delivery of up to 13,300 acre-feet annually of water to the Agency from the CVP for agricultural purposes. [[Page 39172]] Completed contract actions: 6. El Dorado County Water Agency, San Juan WD, and Sacramento County Water Agency, CVP, California: M&I water service contracts to supplement existing water supply: 15,000 acre-feet for El Dorado County Water Agency, 13,000 acre-feet for San Juan WD, and 22,000 acre-feet for Sacramento County Water Agency authorized by Public Law 101-514. Completed contract actions with Sacramento County Water Agency (contract No. 6-07-20-W1372) executed April 8, 1999, and San Juan WD (contract No. 6-07-20-W1373) executed April 8, 1999. 14. Mercy Springs WD, CVP, California: Assignment of District's water service contract to Pajaro Valley Water Management Agency. The assignment will provide for delivery of up to 13,300 acre-feet annually of water to the Agency from the CVP for agricultural purposes. Interim assignment of up to 6,260 acre-feet of water annually to Westlands WD and Santa Clara Valley WD until Pajaro Water Management Agency completes their water project. Interim assignment agreement executed May 14, 1999. 20. Napa County Flood Control and Water Conservation District, Solano Project, California: Renewal of water service contract No. 14- 06-200-1290A, which expired February 28, 1999. Contract executed March 18, 1999, with effective date of March 1, 1999. 21. Solano County Water Agency, Solano Project, California: Renewal of water service contract No. 14-06-200-4090, which expired February 28, 1999. Contract executed February 28, 1999, with effective date of March 1, 1999. 31. Solano County Water Agency and Solano ID, Solano Project, California: Contract to transfer responsibility for O&M of Monticello Dam, Putah Diversion Dam, Putah South Canal, Headworks of Putah South Canal, and Parshall Flume at Milepost 0.18 of Putah South Canal to Solano ID and provide that the Solano County Water Agency shall provide the funds necessary for O&M of the facilities. Contract No. 9-07-20- X0358 executed June 2, 1999. 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: 56. Southern Nevada Water Authority, Robert B. Griffith Water Project, BCP, Nevada: Title transfer of physical facilities with interest in acquired lands, grant or assignment of perpetual rights or easements over Federal-owned lands. 57. Hohokam IDD, CAP, Arizona: Amend distribution system repayment contract to reflect final project costs. 58. Sun City Water Co., CAP, Arizona: Partial assignment of 2,372 acre-feet of CAP M&I water to Sun City West Utilities Co. 59. Sun City Water Co., CAP, Arizona: Amendment to M&I water service subcontract with Citizens Utilities Co., Agua Fria Division. 60. Gila River Indian Community, CAP, Arizona: Amend CAP water delivery contact and distribution system repayment, and OM&R contract pursuant to proposed Gila River Indian Community Water Rights Settlement Agreement. 61. Cortaro Marana ID, CAP, Arizona: Assignment of 47 acre-feet of CAP M&I water to the Town of Marana. 62. Basic Management, Inc., Salinity Project, Nevada: Title transfer of the Pitman Wash Bypass Demonstration Project facilities and all interests in acquired lands and easements with an obligation to continue bypassing the water in Pitman Wash. 63. BHP Copper, Inc., CAP, Arizona: Proposed agreement and amendments to CAP water delivery subcontracts to transfer BHP Copper's CAP water allocation to the City of Scottsdale, Town of Carefree, and Tonto Hills Utility Company. Discontinued contract actions: 28. McMicken ID/Town of Goodyear, CAP, Arizona: Amend McMicken's CAP water service subcontract to reduce its entitlement by 507 acre- feet and Goodyears' water service subcontract to increase its entitlement by 507 acre-feet. This action is included in No. 53. 54. McMicken ID, CAP, Arizona: Amendment No.1 to terminate CAP water service subcontract. Completed contract actions: 2. Arizona State Land Department, State of Arizona, BCP, Arizona: Contract for 6,607 acre-feet per year of Colorado River water for agricultural use and related purposes on State-owned land. 37. Arizona State Land Department, BCP, Arizona: Water delivery contract for delivery of up to 9,000 acre-feet per year of unused apportionment and surplus Colorado River water for irrigation. 45. ASARCO Inc., CAP, Arizona: Amendment to extend deadline for giving notice of termination on exchange subcontract. 46. BHP Copper, Inc., CAP, Arizona: Amendment to extend deadline for giving notice of termination on exchange subcontract. 47. Cyprus Miami Mining Corporation, CAP, Arizona: Amendment to extend deadline for giving notice of termination on exchange subcontract. 59. Sun City Water Co., CAP, Arizona: Amendment to M&I water service subcontract with Citizens Utilities Co., Agua Fria Division. 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(g) Whetstone Vista L.L.C., Aspinall Unit, CRSP, Colorado: Contract for 1 acre-foot to support augmentation plans, Water Division Court No. 4, State of Colorado (Case No. 96CW298), to provide for single-family residential use, irrigation, and livestock watering. 19. Individual irrigators, Carlsbad Project, New Mexico: The United States proposes to enter into long-term forbearance lease agreements with individuals who have privately held water rights to divert non- project water either directly from the Pecos River or from shallow/ artesian wells in the Pecos River Watershed. This action will result in additional water in the Pecos River to make up for the water depletions caused by changes in operations at Sumner Dam which were made to improve conditions for a threatened species, the Pecos Bluntnose Shiner. Completed contract actions: 1(e) Frank M. Colman, Karen Edstrom, William and Lorena Gunn, Emily Vernon, and William E. Williams; Aspinall Unit; CRSP; Colorado: Contract for 3 acre-feet to support augmentation plans, Water Division Court No. 4, State of Colorado, to provide for single-family residential use, irrigation, fire protection, and livestock watering. 15. Emery County Water Conservancy District, Emery County Project, Utah: Warren Act contract to allow temporary storage of non-project water in Joes Valley Reservoir and/or Huntington North Reservoir. Great Plains Region: Bureau of Reclamation, PO Box 36900, Federal Building, 316 North 26th Street, Billings, Montana 59107-6900, telephone 406-247-7730. New contract actions: 39. Fryingpan-Arkansas Project, Colorado: Pueblo Board of Water Works, long-term storage and conveyance contract. 40. Keith Bower (Individual), Boysen Unit, Wyoming, P-SMBP: Contract for up to 500 acre-feet of irrigation water to service 144 acres. 41. Canyon Lam. Liability (Individual), Boysen Unit, Wyoming, P- SMBP: Contract for up to 16 acre-feet of supplemental irrigation water to service 4 acres. [[Page 39173]] 42. L. Sheep Company (Individual), Boysen Unit, Wyoming, P-SMBP: Contract for up to 60 acre-feet of irrigation water to service 180 acres. Modified contract actions: 9. Northern Cheyenne Indian Reservation, Montana: In accordance with section 9 of the Northern Cheyenne Reserved Water Rights Settlement Act of 1992, the United States and the Northern Cheyenne Indian Tribe are proposing to contract for 30,000 acre-feet per year of stored water from Bighorn Reservoir, Yellowtail Unit, Lower Bighorn Division, P-SMBP, Montana. The Tribe will pay the United States both capital and O&M costs associated with each acre-foot of water the Tribe sells from this storage for M&I purposes. Agreement undergoing final review by Reclamation. A date for execution has not been scheduled. 15. Fort Shaw and Greenfields IDs, Sun River Project, Montana: Contract for SOD costs for repairs to Willow Creek Dam. Have received the revised/approved BON from the Commissioner. The contract has been sent to the Fort Shaw ID for signature. 24. 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 BON from the Commissioner. Currently developing the contract and consulting with the Tribes regarding the Water Rights Compact. A 1-year interim contract has been issued to continue delivery of water until the necessary actions can be completed to renew a long-term contract. 32. Savage ID, P-SMBP, Montana: A 1-year interim contract has been entered into with the District. The District is currently seeking title transfer. 36. Fryingpan-Arkansas Project, Colorado: Proposed contract amendment to contract No. 9-07-70-W099 with Busk-Ivanhoe, Inc. 37. Fort Shaw and Greenfields IDs, Sun River Project, Montana: Contract for additional SOD costs for repairs to Willow Creek Dam. Approved BON has been received for the Greenfields ID. Contract will be executed upon approval of the MOD report by Congress. Awaiting approval of the BON for the Fort Shaw ID. Discontinued contract actions: 6. Lakeview ID, Shoshone Project, Wyoming: New long-term water service contract for up to 3,200 acre-feet of firm water supply annually and up to 11,800 acre-feet of interim water from Buffalo Bill Reservoir. Pursuant to section 9(e) of the Reclamation Project Act of 1939 and Public Law 100-516. Category undetermined, removed due to District not receiving Federal water. Completed contract actions: 5. Tom Green County Water Control and Improvement District No. 1, San Angelo Project, Texas: Pursuant to section 501 of Public Law 101- 434, negotiate amendatory contract to increase irrigable acreage within the project. 21. Canadian River Project, Texas: Recalculate existing contract repayment schedule to conform with the provisions of the Emergency Drought Relief Act of 1996. The revised schedule is to reflect a consideration for project land transferred to the National Park Service, and a 3-year deferment of payments. 27. Glendo Unit, P-SMBP, Wyoming: Initiate amendments to extend the current contracts until December 31, 2000, in accordance with the ``Irrigation Project Contract Extension Act of 1998'' for Burbank Ditch, New Grattan Ditch Company, Torrington ID, Lucerne Canal and Power Company, and Wright and Murphy Ditch Company. 28. Glendo Unit, P-SMBP, Nebraska: Initiate amendments to extend the current contracts until December 31, 2000, in accordance with the ``Irrigation Project Contract Extension Act of 1998'' for Bridgeport, Enterprise, and Mitchell IDs, and Central Nebraska Public Power and ID. 31. Canadian River Project, Texas: Amend repayment contract No. 14- 06-500-485 to allow for prepayment of construction charge obligation as authorized by Public Law 105-316, signed October 30, 1998. 33. San Angelo Project, Texas: San Angelo Water Supply Corporation, amend contract to reflect increase in irrigable acreage as authorized pursuant to section 501 of Public Law 101-434. Dated: July 14, 1999. Wayne O. Deason, Deputy Director, Office of Policy. [FR Doc. 99-18553 Filed 7-20-99; 8:45 am] BILLING CODE 4310-94-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-18553. Public record. Not legal advice.