[Federal Register Volume 71, Number 140 (Friday, July 21, 2006)]
[Notices]
[Pages 41467-41468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11678]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[FES-06-19]
Long-Term Miscellaneous Purposes Contract, Carlsbad Irrigation
District, New Mexico
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice of Availability for the Long-Term Miscellaneous Purposes
Contract Final Environmental Impact Statement, Eddy County, New Mexico.
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SUMMARY: The Bureau of Reclamation (Reclamation) and the New Mexico
Interstate Stream Commission (NMISC), as joint lead agencies, have
prepared and made available to the public a final environmental impact
statement (FEIS) pursuant to Section 102(2)(c) of the National
Environmental Policy Act of 1969, as amended, 42 United States Code
4332.
ADDRESSES: Copies of the FEIS are available for public inspection and
review at the following locations:
Bureau of Reclamation, Upper Colorado Regional Office, 125
South State Street, Room 7220, Salt Lake City, Utah 84138-1102.
Bureau of Reclamation, Albuquerque Area Office, Attention:
Marsha Carra, 555 Broadway NE., Suite 100, Albuquerque, New Mexico
87102.
New Mexico Interstate Stream Commission, Attention: Elisa
Sims, 230 West Manhattan Avenue, 2nd Floor, Santa Fe, New Mexico 87501.
Carlsbad Public Library, 101 South Halagueno Street,
Carlsbad, New Mexico 88221.
Carlsbad Irrigation District, 201 South Canal Street,
Carlsbad, New Mexico 88220.
The FEIS is also available on the Internet at the following Web
address: http://www.usbr.gov/uc/albuq/envdocs/index.html. In addition,
interested parties may contact Ms. Aleta Powers, ERO Resources
Corporation, 1842 Clarkson Street, Denver, Colorado 80218; telephone
(303) 830-1188; e-mail: apowers@eroresources.com.
FOR FURTHER INFORMATION CONTACT: Ms. Marsha Carra, Bureau of
Reclamation, Albuquerque Area Office, 555 Broadway NE., Suite 100,
Albuquerque, New Mexico 87102; telephone (505) 462-3602; facsimile
(505) 462-3780; e-mail: mcarra@uc.usbr.gov or Elisa Sims, New Mexico
Interstate Stream Commission, P.O. Box 25102, Santa Fe, New Mexico
87504-5102, telephone (505) 827-3918.
SUPPLEMENTARY INFORMATION: Between 1987 and the present, New Mexico has
satisfied its water delivery obligations to Texas under the Pecos River
Compact (Compact) and Amended Decree. In some years, New Mexico has
over-delivered water to the state line and in other years it has under-
delivered. New Mexico has been able to satisfy its Compact obligations
in large part because of its leasing program and the fallowing of
irrigated land within the Carlsbad Irrigation District (CID). The
leasing program within the CID has operated under an existing short-
term miscellaneous purposes contract since 1992, which allows foregone,
leased irrigation water to be delivered to the state line on behalf of
the NMISC.
The State of New Mexico ex rel. the State Engineer, NMISC,
Reclamation, the CID, and the Pecos Valley Artesian Conservancy
District entered into a Settlement Agreement on March 25, 2003, that
resolves litigation, implements a plan to ensure delivery of water to
the CID and New Mexico-Texas state line, and settles many water
management issues on the Pecos River. An ad hoc committee comprised of
water users in the Pecos River Basin was formed to develop a solution
for long-term compliance with the Pecos River Compact and Amended
Decree, resulting in the Settlement Agreement. In addition, the
implementation of the Settlement Agreement is contingent upon
fulfilling certain requirements, including the execution of a long-term
miscellaneous purposes contract.
On February 28, 2003, Reclamation published a notice in the Federal
Register (68 FR 9715-9722) stating plans to execute a contract with the
CID that would allow the NMISC to lease water allotted for up to 6,000
acres, or other available Carlsbad Project water (Project water), for
purposes other than irrigation, i.e., bypassing water, allowing it to
be delivered to Texas. These 6,000 acres, plus 164 acres that the NMISC
currently owns within the boundaries of the CID, would be
[[Page 41468]]
fallowed under this contract. The Commissioner of Reclamation has
granted approval to negotiate and execute a long-term miscellaneous
purposes contract, pursuant to authority provided by the Sale of Water
for Miscellaneous Purposes Act of February 25, 1920, whereby the NMISC
would be limited to using or leasing a maximum of 50,000 acre-feet of
Project water per year.
Purpose and Need for Action
The purpose of Reclamation's proposed Federal action is to allow
the NMISC to use Project water allotted to land located inside the
boundaries of the CID that NMISC owns or leases from other members of
the CID, or other Project water that NMISC leases, for purposes other
than irrigation, specifically for delivery to Texas. As a member of the
CID, the NMISC needs to use Project water for purposes other than
irrigation to maintain long-term compliance with the Pecos River
Compact and the United States Supreme Court Amended Decree in Texas v.
New Mexico. The long-term miscellaneous purposes contract would replace
a 1999 short-term contract that Reclamation currently has with the CID
that allows the NMISC to use Project water for miscellaneous purposes.
Proposed Federal Action
Reclamation's preferred alternative is the execution of a long-term
miscellaneous purposes contract and approval of any related third-party
contracts. The FEIS assesses the potential effects that the alternative
may have on biological, hydrologic, and cultural resources; social and
economic settings; and Indian trust assets as well as any potential
disproportionate effects on minority or low-income communities
(environmental justice). The FEIS also evaluates the effects of the
alternatives on the State of New Mexico's ability to meet annual state
line delivery obligations associated with the Pecos River Compact and
Amended Decree.
The Long-Term Miscellaneous Purposes Contract Draft Environmental
Impact Statement (DEIS) was filed with the Environmental Protection
Agency on January 12, 2006, and a Notice of Availability for the DEIS
was published in the Federal Register on that same date. The 60-day
review and comment period for the DEIS ended on March 13, 2006. During
the comment period, one public meeting was held in Carlsbad, New
Mexico. All comments received on the DEIS were carefully reviewed and
considered in preparing the FEIS. Where appropriate, revisions were
made to the document in response to specific comments. The comments and
responses, together with the final environmental impact statement, will
be considered in determining whether or not to implement the proposed
action.
No decision will be made on the proposed Federal action until 30
days after release of the FEIS. After the 30-day waiting period,
Reclamation will complete a Record of Decision. The Record of Decision
will state the action that will be implemented and discuss all factors
leading to that decision.
Dated: June 9, 2006.
Dave Sabo,
Assistant Regional Director--UC Region, Bureau of Reclamation.
[FR Doc. E6-11678 Filed 7-20-06; 8:45 am]
BILLING CODE 4310-MN-P