Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Negotiations

Federal RegisterOct 21, 1999

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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.

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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 July 21, 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: Sandra Simons, Manager, Water

Contracts and Repayment Office, Bureau of Reclamation, PO Box 25007,

Denver, Colorado 80225-0007, telephone 303-445-2902.

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

[[Page 56808]]

(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.

Completed contract actions:

17. Juniper Flat District Improvement Company, Wapinitia Project,

Oregon: Repayment contract for reimbursable cost of dam safety repairs

to Wasco Dam. This contract was executed in August 1999.

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

Sacramento, California 95825-1898, telephone 916-978-5250.

New contract actions:

41. Resource Renewal Institute, CVP, California: Proposed water

purchase agreement with Resource Renewal Institute for the permanent

purchase of water rights on Butte Creek for instream flow purposes.

42. Sacramento Area Flood Control Agency, CVP, California:

Execution of a long-term Operations Agreement for flood control

operations of Folsom Dam and Reservoir to allow for recovery of costs

associated with operating a variable flood control pool of 400,000 to

670,000 acre-feet of water during the flood control season. This

agreement is to conform to Federal law.

Modified contract actions:

2. Contractors from the American River Division, Buchanan Unit,

Cross Valley Canal, Delta Division, Friant Division, Hidden Unit,

Sacramento River Division, San Felipe Division, Shasta Division,

Trinity River Division, and West San Joaquin Division, CVP, California:

Early renewal of existing long-term and interim renewal water service

contracts with contractors having contracts which expire between 2000

and 2001; water quantities for these contracts total in excess of 5.6M

acre-feet. These contract actions will be accomplished through long-

term renewal contracts pursuant to Pub. L. 102-575. Prior to completion

of negotiation of long-term renewal contracts, existing interim renewal

water service contracts may be renewed through successive interim

renewal of contracts.

14. Mercy Springs WD, CVP, California: Partial assignment of about

7,000 acre-feet of Mercy Springs WD's water service contract to

Westlands WD for agricultural use.

29. Widren WD, CVP, California: Assignment of 2,940 acre-feet of

The District's water service contract to the City of Tracy. The

assignment will require approval of conversion of the District's CVP

irrigation water to M&I water.

33. Sierra Pacific Power Company, Town of Fernley, State of

California, City of Reno, City of Sparks, Washoe County, State of

Nevada, Truckee-Carson ID, and any other local interest or Native-

American Tribal interest, who may have negotiated rights under Pub. L.

101-618; Nevada and California: Contract for the storage of non-Federal

water in Truckee River reservoirs as authorized by Pub. L. 101-618 and

the Preliminary Settlement Agreement. The contracts shall be consistent

with the Truckee River Water Quality Settlement Agreement and the terms

and conditions of the proposed Truckee River Operating Agreement.

Discontinued contract actions:

22. Reno, Sparks, and Washoe County; Washoe and Truckee Storage

Projects; Nevada and California: Contract for the storage of non-

Federal water in Truckee River reservoirs as authorized by Pub. L. 101-

618 and consistent with the terms and conditions of the Truckee River

Water Quality Settlement Agreement.

23. Sierra Pacific Power Company and Washoe County Water

Conservation District; Washoe and Truckee Storage Projects; Nevada and

California: Contract for the storage of non-Federal water in Truckee

River reservoirs as authorized by Pub. L. 101-618 and consistent with

the terms and conditions of the proposed Truckee River Operating

Agreement.

Completed contract action:

4. Sacramento River settlement contractors, CVP, California:

Administrative policy for voluntary contract assignments which provides

for repayment of O&M deficit(s), and payment by assignee of the CVP

cost-of-service rate as determined in accordance with the current CVP

ratesetting policy. Administrative policy letter dated October 15,

1998, and in process of mailing fact sheet/policy to interested

parties.

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:

64. Litchfield Park Service Company, CAP, Arizona: Assignment of

1,200 acre-feet of CAP M&I water to the City of Scottsdale.

65. Brooke Water, L.L.C., CAP, Arizona: Assignment of 3,932 acre-

feet of CAP M&I water to Circle City Water Company.

66. California WDs, BCP, California: Incorporate into the water

delivery contracts with several water districts (Coachella Valley WD,

Imperial ID, Palo Verde ID, and The Metropolitan WD of Southern

California), through new contracts, contract amendments, contract

approvals, or other appropriate means, the agreement to be reached

among those water districts to (i) quantity the Colorado River water

entitlements for Coachella Valley WD and Imperial ID and (ii) provide a

basis for water transfers among California water districts.

67. Coachella Valley WD, BCP, California: Amend contract designated

symbol 14-20-650, contract No. 631, which authorizes the United States

to construct irrigation and drainage works for certain Indian lands

within the District, to provide for construction of necessary

facilities to allow water deliveries for irrigation of up to 322 acres

of lands on the Torres-Martinez Indian Reservation located within the

District's improvement district No. 1.

Modified contract action:

55. E&R Water Company, CAP, Arizona: Assignment of rights, title,

and interest in CAP water delivery subcontract for 161 acre-feet of M&I

water to Pine Water Company.

Completed contract action:

25. United States Navy, BCP, Niland, California: Contract for 23

acre-feet of surplus Colorado River water for domestic use delivered

through the Coachella Canal.

Upper Colorado Region: Bureau of Reclamation, 125 South State

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

3691.

New contract actions:

(h) R&D Investment, LTD., Aspinall Unit, CRSP, Colorado: Contract

for 1 acre-foot to support augmentation plan. R&D Investment has filed

an application with the Division 4 Water Court of the State of Colorado

seeking decrees for up to seven domestic wells to serve R&D Investment

with domestic, single-family, residential use; lawn and garden

irrigation; and fire protection.

20. Mancos Water Conservancy District, Mancos Project, Colorado:

Amendment to repayment contract with the District to increase the farm

unit size (for acreage limitation purposes) from

[[Page 56809]]

160 to 750 acres, pursuant to the Water Conservation and Utilization

Act of 1939.

Modified contract action:

16. Dolores Water Conservancy District, Dolores Project, Colorado:

Carriage contract with the District to carry up to 6,000 acre-feet of

non-project water in project facilities under the authority of the

Warren Act of 1911.

Completed contract action:

(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.

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:

43. Northern Colorado Water Conservancy District, Colorado-Big

Thompson Project, Colorado: Acting by and through the Pleasant Valley

Pipeline Project Water Activity Enterprise, beginning discussions and

draft BON for a long-term contract for conveyance of nonproject water

through Colorado-Big Thompson Project facilities.

44. Tom Green County Water Control and Improvement District No. 1,

San Angelo Project, Texas: The District is requesting a deferment of

its 2000 construction payment. In the process of developing a BON.

Modified contract actions:

15. Fort Shaw ID, Sun River Project, Montana: Contract for SOD

costs for repairs to Willow Creek Dam.

20. Fort Clark ID, P-SMBP, North Dakota: Negotiation of water

service contract to continue delivery of project water to the District.

37. Greenfields ID, Sun River Project, Montana: Contract for

additional SOD costs for repairs to Willow Creek Dam.

Completed contract actions:

35. Green Mountain Reservoir, Colorado-Big Thompson Project,

Colorado: In compliance with the October 1996 Stipulation and

Agreement, Orchard Mesa Check Case No. 91CW247, Colorado Water Division

No. 5, Reclamation is currently negotiating a long-term Operating

Agreement among Colorado Public Service Company of Colorado, Orchard

Mesa ID, and Grand Valley Water Users Association, for delivery of

surplus Green Mountain Reservoir water to the Federal Grand Valley

Power Plant.

37. Greenfields ID, Sun River Project, Montana: Contract for

additional SOD costs for repairs to Willow Creek Dam. Contract has been

executed.

Dated: October 14, 1999.

A. Jack Garner,

Acting Deputy Director, Office of Policy.

[FR Doc. 99-27471 Filed 10-20-99; 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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