Supplemental Environmental Assessment for the

2002 Renewal of Interim Water Service Contracts

through February 29, 2004

Central Valley Project, California

February 2002

Bureau of Reclamation

Mid-Pacific Region

2800 Cottage Way

Sacramento, California 95825-1898
February 2002 Supplemental EA for the 2002 Renewal of Interim Water Service Contracts 1-1

CHAPTER 1

PURPOSE AND NEED

1.1 INTRODUCTION

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 
February 2002 Supplemental EA for the 2002 Renewal of Interim Water Service Contracts 1-2

Table 1 - 2002 Interim Renewal Contracts - Central Valley Project

Divisiont/Contractor Contract Number

Contract Quantity

(acre-feet)

American River Division

San Juan Water District 14-06-200-152A-IR6 11,200

El Dorado Irrigation District 14-06-200-949-IR6 23,000

El Dorado Irrigation District 14-06-200-7312-IR5 50

Cross Valley Canal

Fresno, County of 14-06-200-8292A-IR6 3,000

Hills Valley Irrigation District 14-06-200-8466A-IR6 3,346

Kern-Tulare Irrigation District 14-06-200-8601A-IR6 40,000

Lower Tule River Irrigation District 14-06-200-8237A-IR6 31,102

Pixley Irrigation District 14-06-200-8238A-IR6 31,102

Rag Gulch Water District 14-06-200-8367A-IR6 13,300

Tri-Valley Water District 14-06-200-8565A-IR6 1,142

Tulare, County of 14-06-200-8293A-IR6 5,308

Delta Division

Banta-Carbona Irrigation District 14-06-200-4305A-IR6 25,000

Broadview Water District 14-06-200-8092-IR6 27,000

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 14-06-200-7754-IR6 4,550

Laguna Water District 2-07-20-W0266-IR6 800

Mercy Springs Water District 14-06-200-3365A-IR6-A 7,040

Oro Loma Water District 14-06-200-7823-IR6 4,600

PajaroValley WMA, Westlands WD, Santa Clara VWD 1–06-200-3365A-IR6-B 6,260

Patterson Water District 14-06-200-3598A-IR6 16,500

Plain View Water District 14-06-200-785-IR8 20,600

West Side Irrigation District, The 7-07-20-W0045-IR6 7,500

West Stanislaus Irrigation District 14-06-200-1072-IR8 50,000

Widren Water District 14-06-200-8018-IR6 2,990

Sacramento River Division

Colusa, County of 14-06-200-8310A-IR6 60,000

Colusa County Water District 14-06-200-304A-IR6 62,200

Corning Water District 14-06-200-6575-IR6 23,000

Davis Water District 14-06-200-6001A-IR6 4,000

Dunnigan Water District 14-06-200-399A-IR6 19,000

Feather Water District 14-06-200-171A-IR7 20,000

Glide Water District 7-07-20-W0040-IR6 10,500

Kanawha Water District 14-06-200-466A-IR6 45,000

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 14-06-200-8382A-IR6 53,000

Proberta Water District 14-06-200-7311-IR6 3,500

Thomes Creek Water District 14-06-200-5721A-IR6 6,400

Westside Water District 14-06-200-8222-IR6 25,000

Shasta Division

Shasta Lake, City of 4-07-20-W1134-IR8 2,750

Trinity Division

Bella Vista Water District 14-06-200-851A-IR7 24,000

Clear Creek CSD 14-06-200-489A-IR7 15,300

(Patterson). In Patterson the Court found that “...[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
February 2002 Supplemental EA for the 2002 Renewal of Interim Water Service Contracts 1-3

supplemental and incorporated EA finds in large part that the interim renewal

of the contracts is in essence a continuation of the “status 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

Section 3409 of the CVPIA stipulates that Reclamation must prepare a

programmatic environmental impact statement (PEIS) before renewing longterm 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

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.
February 2002 Supplemental EA for the 2002 Renewal of Interim Water Service Contracts 1-4

1.5 ISSUES RELATED TO CVP WATER USE UNDER THE PROPOSED INTERIM

CONTRACTS

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

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.
February 2002 Supplemental EA for the 2002 Renewal of Interim Water Service Contracts 2-1

CHAPTER 2

ALTERNATIVES

2.1 PROPOSED ACTION ALTERNATIVE

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: “This 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 “November 30, 2001," and

replacing same with the date “February 15, 2003.” 
February 2002 Supplemental EA for the 2002 Renewal of Interim Water Service Contracts 2-2

(c) Subdivision (b)(2) of Article 2 of the Existing Interim Renewal

Contract is amended by deleting the dates “February 1, 2002,"

“February 15, 2002," and “February 28, 2002," and replacing same

with the dates “February 1, 2003," “February 15, 2003," and “February

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

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.
February 2002 Supplemental EA for the 2002 Renewal of Interim Water Service Contracts 2-3

2.2.2 REDUCTION IN INTERIM CONTRACT AMOUNTS

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.
February 2002 Supplemental EA for the 2002 Renewal of Interim Water Service Contracts 3-1

CHAPTER 3

AFFECTED ENVIRONMENT AND ENVIRONMENTAL

CONSEQUENCES

3.3 BIOLOGICAL RESOURCES

3.3.1 ALTERNATIVE

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 LongTerm 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.
February 2002 Supplemental EA for the 2002 Renewal of Interim Water Service Contracts 3-2

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. 
February 2002 Supplemental EA for the 2002 Renewal of Interim Water Service Contracts 4-1

CHAPTER 4

CONSULTATION AND COORDINATION

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

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 2002 Supplemental EA for the 2002 Renewal of Interim Water Service Contracts 4-2

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 longterm 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.