Notice2023-13228
Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Actions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 22, 2023
Issuing agencies
Interior DepartmentReclamation Bureau
Abstract
Notice is hereby given of contractual actions that have been proposed to the Bureau of Reclamation (Reclamation) and are new, discontinued, or completed since the last publication of this notice. 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.
Full Text
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<title>Federal Register, Volume 88 Issue 119 (Thursday, June 22, 2023)</title>
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[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40863-40865]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13228]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR83550000, 234R5065C6, RX.59389832.1009676]
Quarterly Status Report of Water Service, Repayment, and Other
Water-Related Contract Actions
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice of contract actions.
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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,
discontinued, or completed since the last publication of this notice.
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
of this notice.
FOR FURTHER INFORMATION CONTACT: Michelle Kelly, Reclamation Law
Administration Division, Bureau of Reclamation, P.O. Box 25007, Denver,
Colorado 80225-0007; <a href="/cdn-cgi/l/email-protection#1d7076787171645d686e7f6f337a726b"><span class="__cf_email__" data-cfemail="f994929c959580b98c8a9b8bd79e968f">[email protected]</span></a>; telephone 303-445-2888.
SUPPLEMENTARY INFORMATION: Consistent with section 9(f) of the
Reclamation Project Act of 1939, and the rules and regulations
published in 52 FR 11954, April 13, 1987 (43 CFR 426.22), 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
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 or her 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 will
furnish revised contracts to all parties who requested the contract in
response to the initial public notice.
Definitions of Abbreviations Used in the Reports
ARRA American Recovery and Reinvestment Act of 2009
BCP Boulder Canyon Project
Reclamation Bureau of Reclamation
CAP Central Arizona Project
[[Page 40864]]
CUP Central Utah Project
CVP Central Valley Project
CRSP Colorado River Storage Project
XM Extraordinary Maintenance
EXM Emergency Extraordinary Maintenance
FR Federal Register
IDD Irrigation and Drainage District
ID Irrigation District
M&I Municipal and Industrial
O&M Operation and Maintenance
OM&R Operation, Maintenance, and Replacement
P-SMBP Pick-Sloan Missouri Basin Program
RRA Reclamation Reform Act of 1982
SOD Safety of Dams
SRPA Small Reclamation Projects Act of 1956
USACE U.S. Army Corps of Engineers
WD Water District
WIIN Act Water Infrastructure Improvements for the Nation Act
Missouri Basin--Interior Region 5: Bureau of Reclamation, P.O. Box
36900, Federal Building, 2021 4th Avenue North, Billings, Montana
59101, telephone 406-247-7752.
New contract actions:
26. Talen Energy Supply, LLC; Yellowtail Unit, P-SMBP; Montana-
Wyoming: Consideration for a 5-year contract renewal for an M&I water
supply.
27. Tintina Montana, Inc.; Canyon Ferry Unit, P-SMBP; Montana:
Consideration for a long-term contract for an M&I mitigation water
supply.
28. PacifiCorps; Glendo Unit, P-SMBP; Wyoming: Consideration for a
5-year excess capacity contract.
29. Frenchman-Cambridge ID; Frenchman-Cambridge Division, P-SMBP;
Nebraska: Consideration to amend contract for change to the place of
use and point of diversion.
Modified contract action:
22. Water user entities responsible for payment of reimbursable
costs for Reclamation projects in Colorado, Kansas, Montana, Nebraska,
North Dakota, Oklahoma, South Dakota, Texas, and Wyoming: Contracts to
be executed pursuant to title IX of the Infrastructure Investment and
Jobs Act of November 15, 2021 (Pub. L. 117-58), and/or contracts for XM
pursuant to title IX, subtitle G of Omnibus Public Land Management Act
of March 30, 2009 (Pub. L. 111-11). For more information, please see
<a href="https://www.usbr.gov/bil/">https://www.usbr.gov/bil/</a>.
Completed contract actions:
14. Canyon Ferry Water Users Association; Canyon Ferry Unit, P-
SMBP; Montana: Consideration of a new long-term contract for an
irrigation water supply. Contract executed on April 7, 2023.
21. Greenfields ID, Sun River Project, Montana: Consideration of a
lease of power privilege. Lease of power privilege for Arnold Coulee
executed February 1, 2023. Consideration for additional sites is
ongoing.
Upper Colorado Basin--Interior Region 7: Bureau of Reclamation, 125
South State Street, Room 8100, Salt Lake City, Utah 84138-1102,
telephone 801-524-3864.
New contract action:
38. D.E. Shaw Renewable Investments, Navajo-Gallup Water Supply
Project, New Mexico: Reclamation received a request for negotiations
for a carriage contract with Shaw pursuant to Public Law 111-11,
section 10602(h) which provides conveyance and storage of non-project
water through project facilities and sets forth payment of OM&R costs
assignable to the Shaw for the use of project facilities.
39. Ouray County and Tri-County Water Conservancy District, Dallas
Creek Project, Colorado: The District requests a water service contract
for a one-time, annual, release of up to 3,000 acre-feet of irrigation
water and up to 6 acre-feet of M&I water from Ridgway Reservoir.
Modified contract action:
36. Water user entities responsible for payment of reimbursable
costs for Reclamation projects in Colorado and Utah: Contracts to be
executed pursuant to title IX of the Infrastructure Investment and Jobs
Act of November 15, 2021 (Pub. L. 117-58), and/or contracts for XM
pursuant to title IX, subtitle G of Omnibus Public Land Management Act
of March 30, 2009 (Pub. L. 111-11). For more information, please see
<a href="https://www.usbr.gov/bil/">https://www.usbr.gov/bil/</a>.
Completed contract action:
39. Ouray County and Tri-County Water Conservancy District, Dallas
Creek Project, Colorado: The District requests a water service contract
for a one-time, annual, release of up to 3,000 acre-feet of irrigation
water and up to 6 acre-feet of M&I water from Ridgway Reservoir.
Contract executed on April 1, 2023.
Discontinued contract action:
37. Strawberry Valley Water Users Association, Strawberry Valley
Project, Utah: The Association is pursuing a conversion contract under
the Miscellaneous Purposes Act of 1920 to convert all or part of its
water from irrigation to miscellaneous purposes.
Lower Colorado Basin--Interior Region 8: Bureau of Reclamation,
P.O. Box 61470 (Nevada Highway and Park Street), Boulder City, Nevada
89006-1470, telephone 702-293-8192.
Modified contract action:
22. Water user entities responsible for payment of reimbursable
costs for Reclamation projects in Arizona and California: Contracts to
be executed pursuant to title IX of the Infrastructure Investment and
Jobs Act of November 15, 2021 (Pub. L. 117-58), and/or contracts for XM
pursuant to title IX, subtitle G of Omnibus Public Land Management Act
of March 30, 2009 (Pub. L. 111-11). For more information, please see
<a href="https://www.usbr.gov/bil/">https://www.usbr.gov/bil/</a>.
Completed contract actions:
10. Wilbur G. and Carrol D. Schroeder, BCP, California: Terminate
contract No. 6-07-30-W0137 for delivery of Colorado River water under
Present Perfected Right No. 38 as described in the 2006 Consolidated
Decree in Arizona v. California, 547 U.S. 150. Action completed on
January 31, 2023.
11. Sunmor Properties, Inc., BCP, California: Terminate contract
No. 6-07-30-W0139 for delivery of Colorado River water under Present
Perfected Right No. 38 as described in the 2006 Consolidated Decree in
Arizona v. California, 547 U.S. 150. Action completed on January 31,
2023.
12. Ronnie and Linda Herndon, BCP, California: Terminate contract
No. 6-07-30-W0138 for delivery of Colorado River water under Present
Perfected Right No. 38 as described in the 2006 Consolidated Decree in
Arizona v. California, 547 U.S. 150. Action completed on January 31,
2023.
13. Jack D. Brown, BCP, California: Terminate contract No. 7-07-30-
W0149 for delivery of Colorado River water under Present Perfected
Right No. 38 as described in the 2006 Consolidated Decree in Arizona v.
California, 547 U.S. 150. Action completed on January 31, 2023.
14. Palms River Resort, Inc., BCP, California: Offer a contract to
the current landowner for delivery of Colorado River water under
Present Perfected Right No. 38 as described in the 2006 Consolidated
Decree in Arizona v. California, 547 U.S. 150. Action completed on
January 31, 2023.
Columbia-Pacific Northwest--Interior Region 9: Bureau of
Reclamation, 1150 North Curtis Road, Suite 100, Boise, Idaho 83706-
1234, telephone 208-378-5344.
Modified contract action:
17. Water user entities responsible for payment of reimbursable
costs for Reclamation projects in Idaho, Washington, and parts of
Montana, Oregon, and Wyoming: Contracts to be executed pursuant to
title IX of the Infrastructure Investment and Jobs Act of November 15,
2021 (Pub. L. 117-58) and/or contracts for extraordinary maintenance
pursuant to title IX, subtitle G of Omnibus Public Land Management Act
of March 30, 2009
[[Page 40865]]
(Pub. L. 111-11). For more information, please see <a href="https://www.usbr.gov/bil/">https://www.usbr.gov/bil/</a>.
California-Great Basin--Interior Region 10: Bureau of Reclamation,
2800 Cottage Way, Sacramento, California 95825-1898, telephone 916-978-
5250.
New contract action:
38. Klamath County Drainage Services District, Klamath Project,
Oregon: Agreement for interim O&M of the 1-C Canal.
Modified contract actions:
11. City of Santa Barbara, Cachuma Project, California: Execution
of a temporary contract an execution of a long-term Warren Act contract
with the City for conveyance of non-project water in Cachuma Project
facilities.
33. Water user entities responsible for payment of reimbursable
costs for Reclamation projects in California, Nevada, and Oregon:
Contracts to be executed pursuant to title IX of the Infrastructure
Investment and Jobs Act of November 15, 2021 (Pub. L. 117-58), and/or
contracts for XM pursuant to title IX, subtitle G of Omnibus Public
Land Management Act of March 30, 2009 (Pub. L. 111-11). For more
information, please see <a href="https://www.usbr.gov/bil/">https://www.usbr.gov/bil/</a>.
Discontinued contract action:
13. Cachuma Operation and Maintenance Board, Cachuma Project,
California: Amendment to SOD contract No. 01-WC-20-2030 to provide for
increased SOD costs associated with Bradbury Dam.
Completed contract action:
31. Sacramento River Settlement Contractors, CVP, California:
Temporary agreements for the purchase of conserved water for fish and
wildlife purposes. Agreements executed on October 14, 2022.
Scott Swanson,
Acting Director, Policy and Programs.
[FR Doc. 2023-13228 Filed 6-21-23; 8:45 am]
BILLING CODE 4332-90-P
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