**Supplemental Environmental Assessment for the 2002 Renewal of Interim
Water Service Contracts through February 29, 2004**

**Central Valley Project, California**

***February 2002***

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| **Bureau of Reclamation**             | ![](media                    |
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| **Mid-Pacific Region**                | he                           |
|                                       | ight="1.4243055555555555in"} |
| 2800 Cottage Way                      |                              |
|                                       |                              |
| Sacramento, California 95825-1898     |                              |
+---------------------------------------+------------------------------+

**[Chapter 1]{.smallcaps}**

**[Purpose and Need]{.smallcaps}**

> **[1.1 Introduction]{.smallcaps}**
>
> In accordance with Section 3404(c) of the Central Valley Project
> Improvement Act (CVPIA), the Bureau of Reclamation (Reclamation)
> proposes to execute interim water service contracts for up to a two
> year period from March 1, 2002 through February 29, 2004. Initial
> interim contracts will be for a one year period from March 1, 2002
> through February 28, 2003. If negotiations and the required
> environmental review necessary to execute long-term renewals to
> replace interim contracts is not completed by March 1, 2003, some or
> all of these interim water service contracts will be renewed for a
> second year through February 29, 2004. Reclamation has prepared this
> supplemental Environmental Assessment (EA) to determine if any actions
> occurring from an extended interim period of up to two years from
> March 1, 2002 until February 29, 2004 will result in any potential
> impacts not analyzed in the 1994 EA, the 1998 Supplemental EA, the
> 2000 Supplemental EA, and the 2001 Supplemental EA. These four
> previous documents are incorporated by reference into this analysis.
> Interim renewal of these contracts is necessary to continue delivery
> of Central Valley Project (CVP) water until the long-term contracts
> are executed. Contracts proposed for interim renewal are listed in
> Table 1.
>
> The environmental analysis was developed consistent with regulations
> and guidance from the Council on Environmental Quality, and in
> conformance with the analysis provided in *NRDC* v. *Patterson*, Civ.
> No. S-88-1658

**Table 1 - 2002 Interim Renewal Contracts - Central Valley Project**

+---------------------------------+-------------------+----------------+
| **Divisiont/Contractor**        | **Contract        | **Contract     |
|                                 | Number**          | Quantity**     |
|                                 |                   |                |
|                                 |                   | *              |
|                                 |                   | *(acre-feet)** |
+---------------------------------+-------------------+----------------+
| **[American River               |                   |                |
| Division]{.underline}**         |                   |                |
+---------------------------------+-------------------+----------------+
| San Juan Water District         | 1                 | 11,200         |
|                                 | 4-06-200-152A-IR6 |                |
+---------------------------------+-------------------+----------------+
| El Dorado Irrigation District   | 14-06-200-949-IR6 | 23,000         |
+---------------------------------+-------------------+----------------+
| El Dorado Irrigation District   | 1                 | 50             |
|                                 | 4-06-200-7312-IR5 |                |
+---------------------------------+-------------------+----------------+
| **[Cross Valley                 |                   |                |
| Canal]{.underline}**            |                   |                |
+---------------------------------+-------------------+----------------+
| Fresno, County of               | 14                | 3,000          |
|                                 | -06-200-8292A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Hills Valley Irrigation         | 14                | 3,346          |
| District                        | -06-200-8466A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Kern-Tulare Irrigation District | 14                | 40,000         |
|                                 | -06-200-8601A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Lower Tule River Irrigation     | 14                | 31,102         |
| District                        | -06-200-8237A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Pixley Irrigation District      | 14                | 31,102         |
|                                 | -06-200-8238A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Rag Gulch Water District        | 14                | 13,300         |
|                                 | -06-200-8367A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Tri-Valley Water District       | 14                | 1,142          |
|                                 | -06-200-8565A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Tulare, County of               | 14                | 5,308          |
|                                 | -06-200-8293A-IR6 |                |
+---------------------------------+-------------------+----------------+
| **[Delta                        |                   |                |
| Division]{.underline}**         |                   |                |
+---------------------------------+-------------------+----------------+
| Banta-Carbona Irrigation        | 14                | 25,000         |
| District                        | -06-200-4305A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Broadview Water District        | 1                 | 27,000         |
|                                 | 4-06-200-8092-IR6 |                |
+---------------------------------+-------------------+----------------+
| Centinella Water District       | 7-07-20-W0055-IR6 | 2,500          |
+---------------------------------+-------------------+----------------+
| Del Puerto Water District       | 14-06-200-922-IR8 | 140,210        |
+---------------------------------+-------------------+----------------+
| Eagle Field Water District      | 1                 | 4,550          |
|                                 | 4-06-200-7754-IR6 |                |
+---------------------------------+-------------------+----------------+
| Laguna Water District           | 2-07-20-W0266-IR6 | 800            |
+---------------------------------+-------------------+----------------+
| Mercy Springs Water District    | 14-0              | 7,040          |
|                                 | 6-200-3365A-IR6-A |                |
+---------------------------------+-------------------+----------------+
| Oro Loma Water District         | 1                 | 4,600          |
|                                 | 4-06-200-7823-IR6 |                |
+---------------------------------+-------------------+----------------+
| PajaroValley WMA, Westlands WD, | 1B0               | 6,260          |
| Santa Clara VWD                 | 6-200-3365A-IR6-B |                |
+---------------------------------+-------------------+----------------+
| Patterson Water District        | 14                | 16,500         |
|                                 | -06-200-3598A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Plain View Water District       | 14-06-200-785-IR8 | 20,600         |
+---------------------------------+-------------------+----------------+
| West Side Irrigation District,  | 7-07-20-W0045-IR6 | 7,500          |
| The                             |                   |                |
+---------------------------------+-------------------+----------------+
| West Stanislaus Irrigation      | 1                 | 50,000         |
| District                        | 4-06-200-1072-IR8 |                |
+---------------------------------+-------------------+----------------+
| Widren Water District           | 1                 | 2,990          |
|                                 | 4-06-200-8018-IR6 |                |
+---------------------------------+-------------------+----------------+
| **[Sacramento River             |                   |                |
| Division]{.underline}**         |                   |                |
+---------------------------------+-------------------+----------------+
| Colusa, County of               | 14                | 60,000         |
|                                 | -06-200-8310A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Colusa County Water District    | 1                 | 62,200         |
|                                 | 4-06-200-304A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Corning Water District          | 1                 | 23,000         |
|                                 | 4-06-200-6575-IR6 |                |
+---------------------------------+-------------------+----------------+
| Davis Water District            | 14                | 4,000          |
|                                 | -06-200-6001A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Dunnigan Water District         | 1                 | 19,000         |
|                                 | 4-06-200-399A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Feather Water District          | 1                 | 20,000         |
|                                 | 4-06-200-171A-IR7 |                |
+---------------------------------+-------------------+----------------+
| Glide Water District            | 7-07-20-W0040-IR6 | 10,500         |
+---------------------------------+-------------------+----------------+
| Kanawha Water District          | 1                 | 45,000         |
|                                 | 4-06-200-466A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Kirkwood Water District         | 7-07-20-W0056-IR6 | 2,100          |
+---------------------------------+-------------------+----------------+
| La Grande Water District        | 7-07-20-W0022-IR6 | 5,000          |
+---------------------------------+-------------------+----------------+
| Orland-Artois Water District    | 14                | 53,000         |
|                                 | -06-200-8382A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Proberta Water District         | 1                 | 3,500          |
|                                 | 4-06-200-7311-IR6 |                |
+---------------------------------+-------------------+----------------+
| Thomes Creek Water District     | 14                | 6,400          |
|                                 | -06-200-5721A-IR6 |                |
+---------------------------------+-------------------+----------------+
| Westside Water District         | 1                 | 25,000         |
|                                 | 4-06-200-8222-IR6 |                |
+---------------------------------+-------------------+----------------+
| **[Shasta                       |                   |                |
| Division]{.underline}**         |                   |                |
+---------------------------------+-------------------+----------------+
| Shasta Lake, City of            | 4-07-20-W1134-IR8 | 2,750          |
+---------------------------------+-------------------+----------------+
| **[Trinity                      |                   |                |
| Division]{.underline}**         |                   |                |
+---------------------------------+-------------------+----------------+
| Bella Vista Water District      | 1                 | 24,000         |
|                                 | 4-06-200-851A-IR7 |                |
+---------------------------------+-------------------+----------------+
| Clear Creek CSD                 | 1                 | 15,300         |
|                                 | 4-06-200-489A-IR7 |                |
+---------------------------------+-------------------+----------------+

> (Patterson). In Patterson the Court found that AY\[on\]going projects
> and activities require NEPA \[National Environmental Policy Act\]
> procedures only when they undergo changes amounting in themselves to
> further \>major action=.@ In addition the court went further to state
> that the NEPA statutory requirement applies only to those changes. The
> analysis in this draft supplemental and incorporated EA finds in large
> part that the interim renewal of the contracts is in essence a
> continuation of the Astatus quo,@ that is, they continue the existing
> use and allocation of resources (i.e., the same amount of water is
> being provided to the same lands for existing/ongoing purposes).
>
> The 2001 Supplemental EA is included in Appendix B and the 1995 EA and
> the 1998 Supplemental EA are incorporated by reference and available
> by request. This 2002 Supplemental EA provides the sections that have
> updated information, additional discussions, or table changes from the
> 2001 and 2000 Final Supplemental EAs.
>
> **[1.3 Background of Interim Contracts]{.smallcaps}**
>
> Section 3409 of the CVPIA stipulates that Reclamation must prepare a
> programmatic environmental impact statement (PEIS) before renewing
> long-term CVP water service contracts. The PEIS was competed in
> October of 1999 and a Record of Decision approved on January 9, 2001.
> Reclamation is preparing tiered site-specific environmental
> documentation for long-term contract renewals (LTCR). LTCR NEPA
> documentation was completed in early 2001 for the Friant Division, and
> the Cross Valley Canal (CVC), Hidden, and Buchanan Units. Twenty-five
> of the 28 Friant Division long-term contracts were executed in January
> of 2001. The Hidden Unit long-term contract and the Buchanan Unit
> long-term contract were approved in March of 2001. The CVC Unit=s
> Federal long-term environmental compliance and contract negotiations
> are essentially complete. Final execution of CVC Unit long-term
> contracts is pending. CVC Unit Contractors will need interim contracts
> if long-term contracts are not executed before March 1, 2002 and are
> therefore included in this proposed action.
>
> Reclamation is completing the contract negotiations and site-specific
> environmental documentation for long-term contracts with interim
> contractors in the American River, Delta, Sacramento River, San
> Felipe, Shasta, and Trinity Divisions.
>
> **[1.4 Purpose and Need for Action]{.smallcaps}**
>
> The purpose of the proposed action is to execute interim contracts for
> up to two years between March 1, 2002 through February 29, 2004.
> Execution of interim contracts is needed to continue delivery of CVP
> water to interim contractors until the long-term contracts can be
> executed.
>
> **[1.5 Issues Related to CVP Water Use under the Proposed Interim
> Contracts]{.smallcaps}**
>
> **1.5.2 Interim Water Contract Service Areas**
>
> No changes to district boundaries are part of the proposed action.
> Appropriate environmental compliance and documentation will be
> completed for any request from interim contractors for Reclamation
> approval of boundary changes.
>
> **1.5.3 Water Transfers**
>
> No water transfers are part of the proposed action. Appropriate
> environmental compliance and documentation will be completed for any
> request from interim contractors for Reclamation approval of water
> transfers.
>
> **1.5.4 Water Assignments**
>
> Potential impacts arising from future assignments of water are not
> included in the proposed action. They are separate independent actions
> and would require their own environmental compliance.
>
> **[1.6 Public Involvement]{.smallcaps}**
>
> The public was invited to review and comment on the draft 2002
> Supplemental EA for a 30-day review period. The deadline for comments
> on the draft Supplemental EA ended on January 7, 2002. During the
> public review period, five written comment letters were received.
> Appendix D provides a copy of each letter with Reclamation=s
> responses.

**[Chapter 2]{.smallcaps}**

**[Alternatives]{.smallcaps}**

> **[2.1 Proposed Action Alternative]{.smallcaps}**
>
> The proposed action alternative evaluated in this document is the
> execution of interim renewal water service contracts between the
> United States and the contractors in Table 1. The terms and conditions
> of the Existing Interim Renewal Contract (sample 2001 draft contract
> provided in Appendix B, 2001 EA) are incorporated by reference into
> this proposed contract except for the revision of Article 2. Article 2
> is revised as follows:
>
> \(a\) The first sentence in Subdivision (a) of Article 2 of the
> Existing Interim Renewal Contract is deleted, and the following is
> inserted in lieu thereof: AThis interim renewal contract shall be
> effective from March 1, 2002, and shall remain in effect through
> February 28, 2003, and thereafter will be renewed as described in this
> Article if a long-term renewal contract has not been executed with an
> effective commencement date of March 1, 2003.@
>
> \(b\) Subdivision (b)(1) of Article 2 of the Existing Interim Renewal
> Contract is amended by deleting the date ANovember 30, 2001,\" and
> replacing same with the date AFebruary 15, 2003.@
>
> \(c\) Subdivision (b)(2) of Article 2 of the Existing Interim Renewal
> Contract is amended by deleting the dates AFebruary 1, 2002,\"
> AFebruary 15, 2002,\" and AFebruary 28, 2002,\" and replacing same
> with the dates AFebruary 1, 2003,\" AFebruary 15, 2003,\" and
> AFebruary 28, 2003,\" respectively.
>
> These revisions would take effect on the date of the execution of the
> 2002 interim contract. Except for date changes, the interim contracts
> will remain the same as those executed in 2001. A sample 2002 draft
> interim contracts is provided in Appendix A.
>
> The proposed action alternative is comparable to alternative 1,
> continuation of existing interim contracts, analyzed in the 2000
> Supplemental EA. The period of renewal for each contract would be for
> one year, as permitted under subsection 3404(c)(1) of CVPIA. The
> current contract provisions are those that are included in the
> existing interim renewal contracts and specified in the 2001
> Supplemental EA. They contain only minor variations from the
> provisions described in the 1994 EA, the 1998 Supplemental EA, and the
> 2000 Supplemental EA. If long-term contracts are not executed by March
> 1, 2003, a one year extension of these interim contracts (March 1,
> 2003 through February 29, 2004) may be executed. Prior to a second
> year extension action, that action will be evaluated to determine if
> additional NEPA analysis is necessary. Depending on that evaluation,
> either additional NEPA documentation will be prepared, or a finding
> made that no significant changes in actions or circumstances has
> occurred, or substantial new information has been obtained since this
> 2002 Supplemental EA.
>
> **[2.2 Alternatives Considered But Eliminated From Further
> Analysis]{.smallcaps}**
>
> **2.2.1 Nonrenewal of Interim Contracts**
>
> Nonrenewal of existing contracts is considered infeasible based on
> Section 3404(c) of the CVPIA. This alternative was considered but
> eliminated from analysis in this EA because Reclamation has no
> discretion not to renew the contracts.
>
> **[2.2.2 Reduction In Interim Contract Amounts]{.smallcaps}**
>
> Reduction in contract amounts due to current delivery constraints on
> the CVP system identified in the PEIS was considered in certain cases,
> but rejected from analysis for several reasons. First, water needs
> analyses have been completed for all contracts, and in almost all
> cases, the needs exceed or equal the current total contract amount.
> Second, the shortage provision of the contract protects the
> Contracting Officer from liability from the shortages in water
> allocations that exist due to drought, other physical constraints, and
> actions taken to meet legal or regulatory requirements. Such action
> include, for example, actions to implement the CVPIA, which has
> dedicated significant amounts of CVP water to environmental uses and
> which provides funding from the contractors to improve habitat and to
> acquire water for environmental purposes. Third, retaining the full
> historic water quantities under contract provides the contractors with
> assurance the water will be made available in wetter years and helps
> to support investments for local storage, water conservation
> improvements and capital repairs.

**[Chapter 3]{.smallcaps}**

[Affected Environment and Environmental Consequences]{.smallcaps}

> **[3.3 Biological Resources]{.smallcaps}**
>
> **[3.3.1 Alternative]{.smallcaps}**
>
> The fifth paragraph from the 2001 Supplement EA is revised as follows:
>
> CVP-wide impacts to biological resources have been evaluated in the
> PEIS, and a FWS Biological Opinion to address potential CVP-wide
> impacts was completed on November 21, 2000. CVC Unit Contractors=
> potential impacts to biological resources have been evaluated in the
> CVC Unit Contractors Long-Term Contract Renewal Environmental
> Assessment (January 2001), the CVC Unit Contractors Long-Term Contract
> Renewal Regional Biological Assessment (January 17, 2001), the
> Biological Opinion on U.S. Bureau of Reclamation Long Term Contract
> Renewal of Friant Division and CVC Unit Contracts (FWS-January 19,
> 2001), and the Biological Opinion for the Long-Term Renewal of CVP
> Water Service Contracts for the Friant Division and CVC Unit
> Contractors (NMFS-January 20, 2001). The programmatic biological
> opinion and Essential Fish Habitat Conservation Recommendations
> prepared by NMFS for the CVPIA was completed on November 14, 2000.
>
> The following paragraph is included at the end of this section:
>
> The FWS Biological Opinion for 2002 interim contracts is included in
> this Final 2002 Supplemental EA and presents the commitments that
> Reclamation will undertake during the proposed interim renewal period
> to address any identified potential impacts.

**[Chapter 4]{.smallcaps}**

**[Consultation and Coordination]{.smallcaps}**

> The public was invited to review and comment on the draft 2002
> Supplemental EA for a 30-day review period. The deadline for comments
> on the draft Supplemental EA ended on January 7, 2002. During the
> public review period, five written comment letters were received.
> Appendix D provides a copy of each letter with Reclamation=s
> responses.
>
> Reclamation consulted and coordinated with the US Fish and Wildlife
> Service, the National Marine Fisheries Service, and the interim water
> service contractors, in the preparation of the environmental documents
> for the proposed action.
>
> **[4.1 Endangered Species Act]{.smallcaps}**
>
> Reclamation has completed section 7 consultations with National Marine
> Fisheries Service (NMFS) and Fish and Wildlife Service (FWS) pursuant
> to the Endangered Species Act (ESA). These consultations cover the
> interim contract renewals (IRC) from March 1, 2002 through February
> 29, 2004.
>
> Reclamation has completed formal consultation with the FWS for the two
> year period of interim contract renewals or until long-term CVP water
> service contracts are executed with the interim contractors. In 2000,
> Reclamation completed formal consultation on IRCs, and the FWS issued
> a biological opinion dated February 29, 2000. On February 28, 2001,
> the FWS issued a memorandum extending the 2000 biological opinion
> through February of 2002. In February 2002, the FWS issued a
> biological opinion amending the February 2000 biological opinion which
> extended the 2000 biological opinion through February of 2004.
>
> Reclamation consulted formally on the CVC Unit long-term water service
> contracts and received a biological opinion on January 19, 2001. For
> the CVC Unit Contractors in the interim contract period, Reclamation
> and the CVC Unit Contractors have committed to comply with the
> requirements of the long-term contract biological opinion.
>
> Reclamation completed consultation on interim contracts with NMFS for
> a period of up to two years. NMFS, by letter dated February 22, 2002,
> concurred with Reclamation=s determination that the renewal of 2-year
> interim water service contracts will not likely adversely effect
> Sacramento River winter-run chinook salmon, Central Valley spring-run
> chinook salmon, Southern Oregon/Northern California Coast coho salmon,
> Central Valley steelhead, or their designated critical habitat. Formal
> consultation on the CVC Unit=s long-term water service contracts was
> completed in January 2001. Reclamation and the CVC Unit Contractors
> have committed to comply with the NMFS long-term contract BO as part
> of the approval of these interim contracts. Thus, Reclamation believes
> that this consultation process to be mainly administrative in nature.