Phoenix Area Office - Reports, Studies, Environmental Impact Statements and Assessments
DRAFT ENVIRONMENTAL IMPACT STATEMENT
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United States Department of the Interior
BUREAU OF RECLAMATION Phoenix Area Office PO Box 81169 Phoenix Arizona 85069-1169 FEB 24, 2004 |
| To: | All Interested Persons, Organizations, and Agencies |
| From: |
Carol Lynn Erwin Area Manager |
| Subject: |
Draft Environmental Impact Statement (EIS) on the Allocation of Water Supply and Long Term Contract Execution,
Central Arizona Project (CAP), Arizona (INT-DES-00-24) (Action by April 27, 2004) |
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This is to inform you that Reclamation is reopening the public review period for the draft EIS on the Allocation
of Water Supply and Long-Term Contract Execution, CAP. This draft EIS is the same document that was distributed for
public review and comment on June 23, 2000. The current public review period will close on April 27, 2004. The draft EIS was issued on June 23, 2000, for a 60-day public comment period that ended on August 25, 2000. Due to legislation passed by Congress in July 2000, Reclamation suspended all work related to the above-referenced EIS. For the current public comment period, written comments on the adequacy of the draft EIS should be submitted by April 27, 2004, to Mr. Bruce Ellis, Chief, Environmental Resources Management Division, Bureau of Reclamation, Phoenix Area Office (PXAO-1500), P.O. Box 81169, Phoenix, AZ 85069-1169; faxogram number 602-216-4006. All written comments received during the original public comment period in 2000 are part of the record and do not have to be resubmitted. Our practice is to make comments, including names and home addresses of respondents, available for public review. Individual respondents may request that we withhold their home address from public disclosure, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold a respondent's identity from public disclosure, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public disclosure in their entirety. The draft EIS is available on the Internet at http://www.usbr.gov/lc/phoenix. Copies of the draft EIS are also available upon request from Ms. Janice Kjesbo, Bureau of Reclamation, Phoenix Area Office (PXAO-1500), address above, telephone 602-216-3864, faxogram 602-216-4006. A list of libraries, where the draft EIS is available for public inspection and review, is attached. At this time, Reclamation does not plan to hold any public hearings to obtain oral comments on the draft EIS; however, if substantial interest in having hearings is expressed, one or more public hearings will be scheduled, and public notice will be provided in the Federal Register. If you believe a public hearing should be scheduled, please contact Mr. Ellis, at the above address or telephone number above, by March 15, 2004. BACKGROUND ON THE PROPOSED ACTION. The purpose and need for the Federal action is to allocate remaining available CAP water in a manner that would facilitate the resolution of outstanding Indian water rights claims in the State of Arizona. Authority for this action is pursuant to the Colorado River Basin Project Act of 1968 (Public Law 90-537). The proposed allocation is taking place in the context of settlement negotiations concerning operation and repayment of the CAP and Indian water rights. These negotiations are being conducted by the U. S. Departments of the Interior and Justice, with representatives of the Central Arizona Water Conservation District (which operates the CAP), several Indian Tribes, Arizona Department of Water Resources, non-Indian agricultural districts, and several municipalities. The proposed action (or Settlement Alternative) identified in the draft EIS is an allocation of CAP water which is essentially consistent with terms of proposed settlements negotiated with these entities. The draft EIS also analyzes three alternative allocations of remaining available CAP water. A No Action Alternative is also described, which provides a baseline for comparing the impacts of the four action alternatives. In February 2003, legislation was introduced in Congress to settle claims over Indian water rights and repayments owed to the Federal Government by Arizona for construction of the CAP. The proposed legislation (H.R. 885 and S. 437), known as the "quot;Arizona Water Settlements Act,"quot; provides for adjustments to the CAP, authorizes the Gila River Indian Community water rights settlement, and reauthorizes and amends the Southern Arizona Water Rights Settlement Act of 1982 (SAWRSA). Overall, reallocation of CAP water and associated actions identified in the proposed legislation are consistent with those described as the proposed action (Settlement Alternative) and evaluated in the draft EIS. For informational purposes, the following table compares the major components of the proposed action with the proposed legislation: |
| Comparison of Draft EIS and Currently Proposed Act | |
| Proposed Action in Draft EIS (Citations to Draft EIS, Vol. 1, June 2000) |
Current Settlement Act (Citations to S.437, introduced on Feb. 25, 2003) |
| A total of 65,647 AFA of currently unallocated M&I priority water would be allocated and contracted
to M&I entities consistent with State recommendations. [p. II-5, and Table 2-1] |
No change. Act directs Secretary to reallocate the 65,647 AFA per State recommendations (as reflected
for the Settlement Alternative in Table 2-1 in the Draft EIS). [see §104(b)] |
| A total of 17,000 AFA of M&I priority water currently contracted to ASARCO would be voluntarily
transferred to GRIC pursuant to an agreement between the two parties and would be put under contract to GRIC. [p. II-5] |
No change. [see §204(b)(3)] |
| A total of 37,918 AFA of CAP water currently held by the Secretary, as a result of the RWCD and HVID
relinquishments, would be used to facilitate Indian water rights claims. [pp. II-5 to II-6] |
No change. Of the 37,918 AFA, 36,700 AFA would go to GRIC; the remaining 1,218 AFA would continue to be held for use in settling Indian water rights claims in the Salt and Verde River watershed. [see §204(b)(1) & (2)] There would be no change from the Draft EIS in the overall GRIC settlement water budget; the additional 300 AFA of CAP water would displace an equal volume of groundwater. |
| All allocations of NIA priority water would be converted to fixed volumes based upon a total CAP water
supply of 1,415,000 AFA, based upon the assumption that CAP water allocated to NIA districts would be voluntarily
relinquished (estimated to affect a maximum of 295,263 AFA) [p. II-6]. Assuming the maximum amount is relinquished, the
following is envisioned to occur: |
No change in concept; however, it is no longer assumed all CAP water allocated to NIA districts would be
relinquished. Water not voluntarily relinquished by NIA districts would not be converted to fixed volumes (retained
allocations would continue to be based upon a percentage of the available CAP agricultural supply). Estimated total
amount potentially relinquished is 293,795 AFA-a reduction of 1,468 AFA due to a change in the way the HIDD option water
to cities is calculated in the Settlement. [see §104(a)(1) & (2)] |
| The Draft EIS assumes to facilitate relinquishment, some degree of federal debt relief and RRA relief would be provided for NIA users. [p. II-6] | The U.S. would forgive a total of $73,561,337 in 9(d) debt; CAWCD would fund upfront the remainder of the outstanding debt (approximately $84.5 million); later this debt is to be paid by the entities that are allocated the relinquished water. [see §106(b)] RRA relief would be provided. [see §106(c)] |
| The manner in which shortages are allocated within the CAP would be agreed upon as part of the Settlement Alternative. Water relinquished by NIA districts would retain its original NIA priority. Higher priority Colorado River water delivered by CAP would continue to retain its priority. | No change. The shortage sharing formula is set forth in paragraph 8.16 of the GRIC settlement and would be incorporated into existing CAP Indian and M&I contracts. [see §104(d)(2)(C)] |
| Although not stated, the analysis in the Draft EIS assumes unallocated M&I water would be subcontracted for a term of 50 years of water service which could be renewed, consistent with current subcontract terms. | All contracts and subcontracts for CAP water (except those for non-Indian agricultural use or those executed under paragraph 5(d) of the repayment stipulation) would be offered or amended to be for permanent service. [see §104(d)(2)(A)] |
A final allocation of remaining available CAP water, and execution of contracts for delivery of that water, would provide a level of certainty to all entities regarding available future water supplies. This, in turn, would enable Arizona water users, Indian and non-Indian alike, to develop and implement the systems and infrastructure necessary to utilize those water supplies to meet future water demands and serve Tribal and community needs.
Attachment
Carol Lynn Erwin
LIBRARIES WHERE A COPY OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT, ON THE ALLOCATION OF WATER SUPPLY AND LONG-TERM CONTRACT EXECUTION, CENTRAL ARIZONA PROJECT, IS AVAILABLE FOR PUBLIC INSPECTION AND REVIEW:
- Department of the Interior, Natural Resources Library, 1849 C Street, NW., Washington, DC 20240
- Bureau of Reclamation, Denver Office Library, Building 67, Room 167, Denver Federal Center, 6th and Kipling., Denver, CO 80225
- Arizona Department of Library Archives and Public Records, 1700 W. Washington St., Phoenix, AZ 85007
- Phoenix Public Library (Burton Barr Central), 1221 N. Central Ave., Phoenix, AZ 85004
- Arizona Collection, Hayden Library, Arizona State University., Tempe, AZ 85287
- Government Document Service, Arizona State University., Tempe, AZ 85287
- Arizona State University - West Library, 4701 W. Thunderbird Rd., Glendale AZ 85306
- University of Arizona, Main Library, 1510 E. University Blvd., Tucson, AZ 85721
- Library, City Hall Annex, 111 E. Pennington., Tucson, AZ 85701
- Law Library, County Courthouse (Lower Level)., Tucson, AZ 85701
- Government Reference Library, City Hall, 9th Floor., Tucson, AZ
- Globe Public Library, 339 S. Broad St., Globe AZ 85501
- Casa Grande public Library, Casa Grande AZ 85222
- Coolidge Public Library, 160 W. Central Ave., Coolidge AZ 85228
- Coconino County Public Library, 300 W. Aspen Ave., Flagstaff AZ 86001
- Cline Library, PO Box 6022, Northern Arizona University, Flagstaff AZ 86011-6022
- Tuba City Public Library Bldg., 45 W. Maple St., Tuba City AZ 86045
- Payson Public Library, 510 W. Main, Payson AZ 85541
- Sierra Vista Public Library, 2600 E. Tacoma, Sierra Vista AZ 85635
- Cottonwood Public Library, 100 S. 6th St., Cottonwood AZ 86326
- Parker Public Library, 1001 Navajo Ave., Parker AZ 85344
- Green Valley Public Library, 601 N. LaCañada, Green Valley AZ 85614
- Octavia Fellin Public Library, 115 W. Hill Ave., Gallup NM 87301
