[Federal Register: November 8, 2002 (Volume 67, Number 217)]
[Notices]
[Page 68166-68167]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no02-128]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[FES-02-35]
Implementation Agreement, Inadvertent Overrun and Payback Policy
and Related Federal Actions, Lower Colorado River, Arizona, California
and Nevada
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice of availability of a final environmental impact
statement (EIS).
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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of
1969, as amended, and the Council on Environmental Quality's
Regulations for Implementing the Procedural Provisions of NEPA, the
Bureau of Reclamation (Reclamation) has issued the Implementation
Agreement, Inadvertent Overrun and Payback Policy and Related Federal
Actions Final EIS (Final IA EIS). Execution of the Implementation
Agreement (IA) would commit the Secretary of the Interior (Secretary)
to make Colorado River water deliveries in accordance with the terms
and conditions of the IA to enable certain southern California water
agencies (participating agencies) to implement the proposed
Quantification Settlement Agreement (QSA).
DATES: No decision will be made on the proposed action until at least
30 days after the United States Environmental Protection Agency's (EPA)
Notice of Availability for the Final IA EIS has been published in the
Federal Register. At this time, it is anticipated the Secretary of the
Interior (Secretary) will complete a Record of Decision (ROD) prior to
December 31, 2002.
ADDRESSES: A copy of the Final IA EIS is available for public
inspection and review at the locations listed in the SUPPLEMENTARY
INFORMATION section. An internet version of the document is available
on Reclamation's Lower Colorado River Operations Web site at http://
www.lc.usbr.gov/lcrivops.html. In addition, hard copy or computer
diskette versions of the document are also available upon request from
Ms. Janet Steele, Boulder Canyon Operations Office, Bureau of
Reclamation, BCOO-4601, PO Box 61470, Boulder City, Nevada 89006,
telephone 702-293-8551, faxogram 702-293-8042.
FOR FURTHER INFORMATION CONTACT: Questions regarding the Final IA EIS
should be directed to Mr. Bruce D. Ellis, Phoenix Area Office, Bureau
of Reclamation, PXAO-1500, PO Box 81169, Phoenix Arizona 85069-1169,
telephone 602-216-3854, faxogram 602-216-4006.
SUPPLEMENTARY INFORMATION: The Secretary, pursuant to the Boulder
Canyon Project Act of 1928 and Arizona v. California 1964 Supreme Court
Decree (376 U.S. 340), proposes to take Federal actions necessary to
support the implementation of the QSA. The QSA is an agreement in
principle among the participating agencies. It establishes a framework
of conservation measures and water transfers within southern California
for up to 75 years. It provides a substantial mechanism for California
to reduce its diversions of Colorado River water in normal years to its
4.4 million acre-feet per year apportionment.
The purpose of the Federal action is to facilitate implementation
of the QSA. The need for the Federal action is to assist California's
efforts to reduce its
[[Page 68167]]
use of Colorado River water to its 4.4 million acre-feet apportionment
in a normal year. This reduction in California's use of Colorado River
water would benefit the entire Colorado River Basin. The proposed
Federal action includes the following components: Execution of an IA,
wherein the Secretary agrees to changes in the amount and/or location
of deliveries of Colorado River water that are necessary to implement
the QSA; adoption of an Inadvertent Overrun and Payback Policy (IOP),
which establishes requirements for payback of inadvertent overuse of
Colorado River water by Colorado River water users in Arizona,
California, and Nevada; and implementation of biological conservation
measures to offset potential impacts from the proposed action that
could occur to federally listed fish and wildlife species.
The Final IA EIS describes the potential environmental impacts of
the three components that make up the proposed Federal action. Because
the purpose of the proposed action is to provide Federal approval of an
agreement negotiated among the participating agencies, no other action
alternatives to the IA are considered in the Final IA EIS. Similarly,
the biological conservation measures proposed to be implemented under
the proposed action relate specifically to the water transfers
specified in the IA and QSA. These measures were developed and agreed
to by Reclamation and the U.S. Fish and Wildlife Service (FWS) in
response to Reclamation's August 2000 Biological Assessment, and were
incorporated into a FWS January 2001 Biological Opinion; no
alternatives to the biological conservation measures are considered in
the Final IA EIS. With regard to the IOP, in response to scoping
comments received, Reclamation developed an alternative that would
eliminate the forgiveness of payment aspect of the proposed policy.
This alternative has been evaluated and is described in the Final IA
EIS.
The Final IA EIS describes the direct impacts of changing the point
of delivery of up to 388,000 acre-feet per year (KAFY) of Colorado
River water, from Imperial Dam to Parker Dam, such as changes in
Colorado River flow and reservoir storage. The Final IA EIS also
describes and incorporates by reference analyses of off-river impacts
that would result from actions taken by the QSA participating agencies
as a result of implementing the QSA. This is because the changes in
water deliveries agreed to by the Secretary in the IA will enable the
QSA to be fully implemented. The non-Federal actions carried out by the
participating agencies pursuant to the QSA need to comply with the
California Environmental Quality Act, California Endangered Species
Act, and other State and local requirements. Toward that end, an
Environmental Impact Report/Environmental Impact Statement was prepared
for the IID Water Conservation and Transfer Project (IID EIR/EIS).
The IID EIR/EIS describes the potential impacts from IID's proposed
project that would conserve and transfer the right to use up to 300
KAFY of Colorado River water, which IID would otherwise divert for use
within IID's water service area in Imperial County, California. The
conserved water would be transferred to San Diego County Water
Authority, Coachella Valley Water District and/or The Metropolitan
Water District of Southern California. These transfers are associated
with the QSA and would remain in effect for up to 75 years. The change
in delivery point of up to 300 KAFY associated with the IID Water
Conservation and Transfer Project is included as part of the 388 KAFY
change in point of delivery evaluated in the Final IA EIS. In concert
with the water conservation actions associated with the IID Water
Conservation and Transfer Project, IID has developed a Habitat
Conservation Plan (HCP), which would mitigate impacts to covered
species from those water conservation actions (as well as ongoing IID
operation and maintenance activities). The HCP would provide the basis
for FWS to issue ``take'' authorization (under section 10 of the ESA)
to IID for its potential impacts to listed species. FWS has indicated
it does not anticipate taking an action on the HCP at this time.
Because issuance of the section 10 permit by FWS is uncertain,
Reclamation has initiated a consultation with FWS under section 7 of
the ESA on the voluntary implementation of certain biological
conservation measures, which could provide an alternative mechanism for
obtaining ``take'' authorization for the California water agencies. The
section 7 approach and its impacts are described in this Final IA EIS.
A more detailed description of IID's water conservation actions and the
HCP are included in the IID Final EIR/EIR (FES-02-36), which is being
filed with EPA concurrently with this Final IA EIS.
A copy of the Final IA EIS is available for public inspection and
review at the following locations:
[sbull] Department of the Interior, Natural Resources Library, 1849
C St., NW., Washington, DC 20240.
[sbull] Bureau of Reclamation, Denver Office Library, Building 67,
Room 167, Denver Federal Center, 6th and Kipling, Denver, CO 80225.
[sbull] Bureau of Reclamation, Lower Colorado Regional Office,
Nevada Highway and Park St., Boulder City, NV 89006.
[sbull] Bureau of Reclamation, Phoenix Area Office, 2222 W. Dunlap
Ave., Suite 100, Phoenix, AZ 85021.
[sbull] Bureau of Reclamation, Southern California Area Office,
27710 Jefferson Ave., Suite 201, Temecula, CA 92590-2628.
[sbull] Bureau of Reclamation, Yuma Area Office, 7301 Calle Agua
Salada, Yuma, AZ 85364-9763.
[sbull] Bureau of Reclamation, Upper Colorado Regional Office, 125
S. State St., Salt Lake City, UT 84138-1102.
[sbull] Lake Havasu City Library, 1787 McCulloch Blvd. North, Lake
Havasu City, AZ 86403.
[sbull] Mohave County Library, 1170 Hancock Rd., Bullhead City, AZ
86442.
[sbull] Parker Public Library, 1001 S. Navajo Ave., Parker, AZ
85344.
[sbull] Phoenix Public Library (Burton Barr Central), 1221 N.
Central Ave., AZ 85004.
[sbull] Yuma County Library, 350 S. 3rd Ave., Yuma, AZ 85364.
[sbull] Los Angeles Central Library, 630 W. 5th St., Los Angeles,
CA 90071.
[sbull] Palo Verde Valley Library, 125 W. Canslor Way, Blythe, CA
92225.
[sbull] San Bernardino County Library, 1111 Bailey Ave., Needles,
CA 92363.
[sbull] San Diego Central Library, 820 E St., San Diego, CA 92101.
[sbull] Henderson District Public Library, 280 South Water St.,
Henderson, NV 89015.
[sbull] Salt Lake City Public Library, 209 E 500 S, Salt Lake City,
UT 84111.
No decision will be made on the proposed action until at least 30
days after EPA's Notices of Availability for the Final IA EIS and the
October 2002 Final IID EIR/EIS have been published in the Federal
Register. At this time, it is anticipated the Secretary will complete a
ROD prior to December 31, 2002. The ROD will state the action that will
be implemented and will discuss all factors leading to the decision.
Any changes that have been made to the proposed species conservation
plan will be evaluated prior to decision-making to determine what, if
any, additional environmental compliance documentation is needed. These
determinations will be addressed in the ROD.
Dated: October 29, 2002.
Willie Taylor,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 02-28508 Filed 11-7-02; 8:45 am]