[Federal Register: October 28, 2003 (Volume 68, Number 208)]
[Notices]
[Page 61462-61465]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc03-84]
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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 contractual actions that have been
proposed to the Bureau of Reclamation (Reclamation) and are new,
modified, discontinued, or completed since the last publication of this
notice on July 24, 2003. 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 consistent
with section 9(f) of the Reclamation Project Act of 1939. Additional
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.
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 section.
FOR FURTHER INFORMATION CONTACT: Sandra L. Simons, Manager, Water
Contracts and Repayment Office, Bureau of Reclamation, PO Box 25007,
Denver, Colorado 80225-0007; telephone 303-445-2902.
SUPPLEMENTARY INFORMATION: Consistent with section 9(f) of the
Reclamation Project Act of 1939 and 43 CFR 426.20 of the rules and
regulations published in 52 FR 11954, April 13, 1987, Reclamation will
publish notice of 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. 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 the
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
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be coordinated with those involved in complying with the National
Environmental Policy Act. Pursuant to the ``Final Revised Public
Participation Procedures'' for water resource-related contract
negotiations, published in 47 FR 7763, February 22, 1982, a tabulation
is provided of all proposed contractual actions in each of the five
Reclamation regions. 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, 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. At a minimum, the regional director shall
furnish revised contracts to all parties who requested the contract in
response to the initial public notice.
The February 28, 2003, notice should be used as a reference point
to identify changes. The numbering system in this notice corresponds
with the numbering system in the February 28, 2003, notice.
Definitions of Abbreviations Used in This Document
BCP--Boulder Canyon Project
Reclamation--Bureau of Reclamation
CAP--Central Arizona Project
CVP--Central Valley Project
CRSP--Colorado River Storage Project
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
PPR--Present Perfected Right
SOD--Safety of Dams
WD--Water District
Pacific Northwest Region: Bureau of Reclamation, 1150 North Curtis
Road, Suite 100, Boise, Idaho 83706-1234, telephone 208-378-5223.
Modified contract action:
17. West Extension ID, Umatilla Project, Oregon: Amendatory
repayment contract for long-term boundary expansions to include lands
outside of federally recognized district boundaries.
Completed contract action:
17. Hermiston ID, Umatilla Project, Oregon: Amendatory repayment
contract for long-term boundary expansions to include lands outside of
federally recognized district boundaries. Contract executed on August
14, 2003.
Mid-Pacific Region: Bureau of Reclamation, 2800 Cottage Way,
Sacramento, California 95825-1898, telephone 916-978-5250.
New contract actions:
45. Centinella WD, CVP, California: Proposed assignment of up to
2,500 acre-feet of Centinella WD's CVP water to Westlands WD for
irrigation use.
46. Melvin D. and Mardella Hughes, CVP, California: Assignment of
water service contract to Tranquility Public Utility District for
agricultural use.
Completed contract action:
6. Mountain Gate Community Services District, CVP, California:
Amendment of existing long-term water service contract to include right
to renew. This amendment will also conform the contract to current
Reclamation law, including Pub. L. 102-575. Interim renewal contract
executed on July 28, 2003.
12. M&T, Inc., Sacramento River Water Rights Contractors, CVP,
California: A proposed exchange agreement with M&T, Inc., to take Butte
Creek water rights water from the Sacramento River in exchange for CVP
water to facilitate habitat restoration. Exchange agreement executed on
July 15, 2003.
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:
54. Arizona American Water Company (Sun City Division), CAP,
Arizona: Subcontract with Central Arizona Water Conservation District
for water service of 4,189 acre-feet of M&I water.
55. Arizona American Water Company (Sun City West Division), CAP,
Arizona: Subcontract with Central Arizona Water Conservation District
for water service of 2,372 acre-feet of M&I water.
56. Arizona American Water Company (Agua Fria Division), CAP,
Arizona: Subcontract with Central Arizona Water Conservation District
for water service of 11,092 acre-feet of M&I water.
57. Fisher's Landing Water and Sewer Works, LLC, BCP, Arizona:
Contract for 53 acre-feet of Colorado River water to be used to account
for domestic water use on residential properties located within the
Castle Dome area of Martinez Lake.
58. Green Valley Water Company, CAP, Arizona: Assignment of
subcontract entitlement of 1,900 acre-feet of M&I water to Green Valley
Domestic Improvement District.
59. Midvale Farms Water Company, CAP, Arizona: Assignment of
allocation for 1,500 acre-feet of M&I water to the City of Tucson.
Modified contract action:
1. Milton and Jean Phillips, John J. Peach, and Sunkist Growers,
Inc., BCP, Arizona: Colorado River water delivery contracts, as
recommended by the Arizona Department of Water Resources, with
agricultural entities located near the Colorado River for up to 3,168
acre-feet per year total.
7. Beattie Farms SW, BCP, Arizona: Contract for 1,110 acre-feet per
year of fourth priority water.
Discontinued contract action:
1. Milton and Jean Phillips, Cameron Brothers Construction Co.,
Ogram Farms, John J. Peach, Sunkist Growers, Inc., BCP, Arizona:
Colorado River water delivery contracts, as recommended by the Arizona
Department of Water Resources, with
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agricultural entities located near the Colorado River for up to 3,168
acre-feet per year total. Recommendation for Cameron Brothers
Construction Co., was rescinded by the Arizona Department of Water
Resources.
Completed contract actions:
1. Milton and Jean Phillips, Cameron Brothers Construction Co.,
Ogram Farms, John J. Peach, Sunkist Growers, Inc., BCP, Arizona:
Colorado River water delivery contracts, as recommended by the Arizona
Department of Water Resources, with agricultural entities located near
the Colorado River for up to 3,168 acre-feet per year total. Contract
with Ogram Farms for 480 acre-feet per year has been executed.
Upper Colorado Region: Bureau of Reclamation, 125 South State
Street, Room 6107, Salt Lake City, Utah 84138-1102, telephone 801-524-
4419.
New contract action:
27. Russell, Harrison F. and Patricia E.; Aspinall Unit; CRSP;
Colorado: Contract for 1 acre-foot of water to support an augmentation
plan, Case No. 97CW39, Water Division Court No. 4, State of Colorado,
to provide for a single-family residential well, including home lawn
and livestock watering (non-commercial).
Completed contract actions:
1. (e) Upper Gunnison Water Conservancy District, Aspinall Storage
Unit, CRSP, Colorado: Due to the continued extreme drought conditions
in the Upper Gunnison River Basin, the District has requested a
temporary 1-year water service contract for up to a maximum of 3,000
acre-feet of water out of Blue Mesa Reservoir to be resold by the
District under temporary, 1-year, third-party contracts to water users
located within the District's boundaries. Contract executed on April 1,
2003.
(f) Town of Lake City, Aspinall Storage Unit, CRSP, Colorado: Lake
City has requested a 40-year water service contract for an additional
25 acre-feet of water out of Blue Mesa Reservoir to support its plan of
augmentation. Lake City is working with the State of Colorado, Water
Division 4 to develop a specific plan for using the augmentation water
in accord with Colorado water law. Reclamation and Lake City have an
existing 40-year contract, No. 9-07-40-R0790, dated May 5, 1989, for 25
acre-feet of water out of Blue Mesa Reservoir. Contract executed on
July 16, 2003.
(g) Lazear Domestic Water Company, Aspinall Storage Unit, CRSP,
Colorado: Lazear has requested a 40-year water service contract for an
additional 44 acre-feet of water out of Blue Mesa Reservoir to support
its plan of augmentation, Case No. 02WC253, District Court, Water
Division 4. Reclamation and Lazear have an existing 25-year contract,
No. 98-07-40-R5000, dated January 29, 1998, for 44 acre-feet of water
out of Blue Mesa Reservoir. Contract executed on August 16, 2003.
26. Paul Hudgeons, Aspinall Storage Unit, CRSP, Colorado: Mr.
Hudgeons has requested a 40-year water service contract for 1 acre-foot
of water out of Blue Mesa Reservoir to support his plan of
augmentation, Case No. 02WC283, District Court, Water Division 4.
Contract executed on June 12, 2003.
Great Plains Region: Bureau of Reclamation, P.O. Box 36900, Federal
Building, 316 North 26th Street, Billings, Montana 59107-6900,
telephone 406-247-7790.
Modified contract actions:
3. Ruedi Reservoir, Fryingpan-Arkansas Project, Colorado: Second
round water sales from the regulatory capacity of Ruedi Reservoir.
Water service and repayment contracts for up to 17,000 acre-feet
annually for M&I use.
5. City of Rapid City, Rapid Valley Unit, P-SMBP, South Dakota:
Contract renewal for storage capacity in Pactola Reservoir. A temporary
(1 year not to exceed 10,000 acre-feet) water service contract has been
executed with the City of Rapid City, Rapid Valley Unit, for use of
water from Pactola Reservoir. A long-term storage contract is being
negotiated for water stored in Pactola Reservoir. Legislation is
pending for change in the authorized use of Pactola storage.
15. Lower Marias Unit, P-SMBP, Montana: Water service contract with
Robert A. Sisk, Sisk Ranch, expired in July 1998. Initiating long-term
contract for the use of up to 552 acre-feet of storage water from Tiber
Reservoir to irrigate 276 acres. This action will combine the two
contracts presently held by Robert Sisk. Temporary/interim contracts
are being issued to allow continued delivery of water and the time
necessary to complete required actions for the long-term contract
process.
16. Lower Marias Unit, P-SMBP, Montana: Negotiating for a long-term
water service contract with Julie Peterson for the use of up to 717
acre-feet of storage water from Tiber Reservoir to irrigate 239 acres.
Temporary/interim contracts are being issued to allow continued
delivery of water and the time necessary to complete required actions
for the long-term contract process.
22. Glendo Unit, P-SMBP, Wyoming: Amendments to 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 to extend the contract term.
23. Glendo Unit, P-SMBP, Nebraska: Amendments to long-term water
service contracts with Bridgeport, Enterprise, and Mitchell IDs, and
Central Nebraska Public Power and ID to extend the contract term.
29. Park Board, P-SMBP, Dickinson Unit, North Dakota: A temporary
contract has been negotiated with the Park Board for minor amounts of
water from Dickinson Dam. Negotiate a long-term water service contract
with the Park Board for minor amounts of water from Dickinson Dam.
33. Lower Marias Unit, P-SMBP, Montana: Initiating long-term water
service contract with Allen Brown as Tiber Enterprises for up to 1,388
acre-feet of storage water from Tiber Reservoir to irrigate 694 acres.
This action will combine the two contracts presently held by Tiber
Enterprises. Temporary/interim contracts are being issued to allow
continued delivery of water and the time necessary to complete required
actions for the long-term contract process.
Completed contract actions:
3. Ruedi Reservoir, Fryingpan-Arkansas Project, Colorado: Second
round water sales from the regulatory capacity of Ruedi Reservoir.
Water service and repayment contracts for up to 17,000 acre-feet
annually for M&I use; contract with the Colorado Water Conservation
Board and U.S. Fish and Wildlife Service for 10,825 acre-feet for
endangered fishes. Contract with the Colorado Water Conservation Board
and the U.S. Fish and Wildlife Service executed on June 24, 2003.
24. Belle Fourche ID, Belle Fourche Project, South Dakota: Belle
Fourche ID has requested a $25,000 reduction in construction repayment.
Contract amendment executed on June 2, 2003.
39. Belle Fourche ID, Belle Fourche Project, South Dakota:
Negotiate a temporary contract for additional supplemental water for up
to 10,000 acre-feet from Keyhole Reservoir. Negotiate an amendment to
the District's Keyhole Dam repayment contract for increased storage
space to store additional amounts of water. A temporary 1-year contract
for supplemental water from Keyhole Reservoir was executed on June 2,
2003. An amendment to the Keyhole Dam repayment contract may still be
required in the future.
45. Frenchman Valley ID, Frenchman Unit, P-SMBP, Nebraska: Proposed
contract amendment--request for deferment of annual payment due to
severe drought. Contract amendment executed on July 14, 2003.
[[Page 61465]]
Dated: October 14, 2003.
Roseann Gonzales,
Acting Deputy Director, Office of Program and Policy Services.
[FR Doc.03-27108 Filed 10-27-03; 8:45am]