[Federal Register Volume 65, Number 215 (Monday, November 6, 2000)]
[Notices]
[Pages 66557-66558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28431]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Notice of Intent to prepare an Environmental Impact Report (EIR)/ 
Environmental Impact Statement (EIS) on the Imperial Irrigation 
District/San Diego County Water Authority Water Conservation and 
Transfer Project

AGENCY: Bureau of Reclamation, Interior.

ACTION: Amended Notice of Intent to Prepare a Joint Environmental 
Impact Report/Environmental Impact Statement (EIR/EIS).

-----------------------------------------------------------------------

SUMMARY: The Fish and Wildlife Service (Service) intends to be a 
cooperating agency (pursuant to 40 CFR section 1501.6) in the Bureau of 
Reclamation's (Bureau) preparation of a joint EIR/EIS pursuant to the 
National Environmental Policy Act (NEPA) and the California 
Environmental Quality Act (CEQA). The joint EIR/EIS will be developed 
for: (1) the conservation and transfer of water from Imperial 
Irrigation District (IID) to the San Diego County Water Authority 
(SDCWA), the Coachella Valley Water District (CVWD) and/or the 
Metropolitan Water District of Southern California (MWD) and (2) 
approval of a Habitat Conservation Plan, and issuance of an incidental 
take permit, pursuant to section 10(a)(1)(B) of the Endangered Species 
Act of 1973, as amended, including consideration of conservation 
measures or plans addressing State-listed species.
    This notice is being furnished pursuant to the Council on 
Environmental Quality Regulations for Implementing the Procedural 
Provisions of the National Environmental Policy Act (40 CFR section 
1501.22). Pursuant to regulations at 40 CFR (sections 1501.7 and 
1508.22), the Bureau, as lead agency pursuant to NEPA, and the Service, 
as the Federally authorized permitting agency, are seeking suggestions 
and information from other agencies and the public on the scope of 
issues and alternatives to be considered in preparation of the joint 
EIR/EIS pertaining to possible issuance of a Federal incidental take 
permit. To satisfy both NEPA and CEQA, the Service, as a cooperator, 
with the Bureau as the Federal lead agency and IID as the State lead 
agency are conducting this additional scoping process for the 
preparation of the environmental documents.

DATES: In order to expedite the planning process, the above agencies 
request all scoping comments on this notice be received by December 6, 
2000.

ADDRESSES: You should address written comments to Ms. Nancy Gilbert, 
Assistant Field Supervisor, Fish and Wildlife Service, 2730 Loker 
Avenue West, Carlsbad, California 92008. You may also send comments by 
facsimile to (760) 431-9618.

FOR FURTHER INFORMATION: Contact Ms. Carol Roberts, Salton Sea 
Coordinator, or Mr. Pete Sorensen, Division Chief, at the above 
Carlsbad address or by telephone at (760) 431-9440. Persons wishing to 
obtain background material may contact Mr. Steve Knell of the Imperial 
Irrigation District at 333 E. Barioni Blvd., P.O. Box 937, Imperial 
California 92251, or by telephone at (760) 339-9266.

SUPPLEMENTARY INFORMATION: The Bureau is publishing this notice to 
amend the September 27, 1999 Notice of Intent (see 64 FR 52102) to 
provide public notice that the project EIR/EIS will include an 
evaluation of the impacts associated with the potential issuance of an 
incidental take permit. This was not specifically addressed in the 
initial Notice of Intent provided for the project. The Habitat 
Conservation Plan will cover a broad array of activities including: 
water conservation, water conveyance and drainage, operation and 
maintenance, system improvements, miscellaneous activities, and third 
party activities required to achieve the conservation and transfer of 
up to 300,000 acre-feet of water per year from IID to the SDCWA and to 
meet the voluntary cap on IID's water use of 3.1 million acre-feet per 
year from the Colorado River. Up to 100,000 acre-feet of the water 
conserved by IID may be transferred to the CVWD and/or MWD, instead of 
SDCWA, as part of the proposed Quantification Settlement Agreement on 
the Colorado River. The EIR/EIS will evaluate transfer volumes up to 
400,000 acre-feet per year. The IID (Applicant) intends to request an 
incidental take permit for up to 96 listed (Federal and State) and 
unlisted species of concern (fish, wildlife, and plants) under specific 
provisions of the permit. In the case of unlisted species, the permit 
will provide coverage should these species be listed in the future. The 
Plan will cover all areas of IID's water delivery and collection system 
from the Imperial Dam on the Colorado River throughout the Imperial 
Valley (approximately 470,000 acres) into the Salton Sea.

Availability of Documents

    During the comment period the documents will be available for 
public inspection by appointment during normal business hours (8 a.m. 
to 5 p.m.,

[[Page 66558]]

Monday through Friday) at the Service's Carlsbad Fish and Wildlife 
Office, the Imperial Irrigation District headquarters in Imperial, and 
the San Diego County Water Authority office in San Diego. Availability 
of the draft EIR/EIS for public review and comment will be announced 
and noticed in the local media and by a Federal Register notice.

Background

    IID is an irrigation district formed under California law which 
provides irrigation water and power to the lower southeastern portion 
of the California desert. IID was established in 1911 to deliver 
Colorado River water to lands within the Imperial Valley, California 
for agriculture, domestic, industrial and other beneficial uses. IID 
maintains a complex system of delivery canals, laterals, and drains 
which serve approximately 470,000 acres of intensive agriculture. The 
project area is approximately bounded by the All-American Canal to the 
south, the East Highline Canal to the east, the Westside Main Canal to 
the west, and the Salton Sea to the north. Agricultural drainage flows 
into the New and Alamo Rivers and into the Salton Sea, a designated 
repository for agricultural drainage.
    On April 29, 1998, IID and SDCWA executed an agreement for the 
conservation and transfer of up to 300,000 acre-feet of Colorado River 
water per year from IID to SDCWA. As part of the project, IID intends 
to implement a conservation program that includes the participation of 
Imperial Valley land owners and tenants so that on-farm as well as 
system based conservation can be implemented to achieve the required 
level of conservation. This transfer is a key part of the California 
4.4 Plan that will result in California water agencies using only their 
4.4 million acre-foot apportionment of the Colorado River. California 
is currently diverting up to 5.2 million acre-feet of Colorado River 
water per year. Subsequent negotiations with other Colorado River water 
rights holders in California have resulted in a proposed Quantification 
Settlement Agreement among IID, MWD, and CVWD which would reduce the 
maximum amount of conserved water transferred to SDCWA to 200,000 acre-
feet per year and would provide for the transfer of the additional 
100,000 acre-feet to the CVWD and the MWD.
    A joint EIR/EIS is being prepared by the Bureau and the IID with 
the Service as a cooperating agency to address the impacts associated 
with the project and with permit issuance for the project. Additional 
information on the project can be found in the original Notice of 
Intent published at 64 FR 52102. Scoping meetings were held in response 
to that Notice of Intent on October 12-20, 1999, and no additional 
scoping meetings are planned in response to this notice.
    Section 9 of the Endangered Species Act and the Service regulations 
prohibit the ``take'' of threatened or endangered wildlife. Take means 
to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect listed animal species, or attempt to engage in such conduct (16 
U.S.C. 1538). Harm may include significant habitat modification that 
actually kills or injures wildlife by significantly impairing essential 
behavior patterns, including breeding, feeding and sheltering [50 CFR 
17.3(c)]. The Service, however, may issue permits to take endangered 
and/or threatened wildlife incidental to, and not the purpose of, 
otherwise lawful activities. Regulations governing permits for 
endangered and threatened species are found at 50 CFR 17.22 and 17.32.
    In anticipation of applying for an incidental take permit the IID 
is developing a Habitat Conservation Plan. Accordingly, under section 
10 of the Endangered Species Act, the Service may issue a permit to the 
IID authorizing the take of listed and unlisted species incidental to 
the otherwise lawful conservation and transfer of up to 300,000 acre-
feet of Colorado River water per year to the SDCWA, the CVWD, and the 
MWD, and additional conservation necessary to achieve the IID's 
voluntary cap of 3.1 million acre-feet/year on their use of Colorado 
River water.
    The permit application will include a Habitat Conservation Plan 
(Plan) and an Implementation Agreement that define the responsibilities 
of all parties under the Plan. IID's Plan will cover roughly the area 
along the length of the All-American Canal and north of the All-
American Canal to the Salton Sea bounded on the east by the East 
Highline Canal and on the west by the Westside Main Canal. The Plan 
will identify the species proposed for coverage under the Plan 
including federally-listed species for which take would be granted at 
the time of permit issuance as well as other species of concern for 
which take would be granted should those species be listed in the 
future. The Plan also describes alternatives to the action and includes 
measures to minimize and mitigate impacts to species covered in the 
Plan. The Plan will address minimization and mitigation using both a 
habitat based and a species by species approach. The joint EIR/EIS will 
consider IID's proposed project (Proposed Action Alternative) along 
with other alternatives and the No Action Alternative. Under the 
Proposed Action Alternative the Service would review IID's incidental 
take permit application under section 10(a)(1)(B) of the Endangered 
Species Act.
    Environmental review of the Plan will be conducted in accordance 
with the requirements of the 1969 National Environmental Policy Act as 
amended (42 U.S.C. 4321 et seq.), National Environmental Policy Act 
regulations (40 CFR parts 1500-1508), other appropriate regulations, 
and Service procedures for compliance with those regulations. This 
notice is being furnished in accordance with section 1501.7 of the 
National Environmental Policy Act to obtain suggestions and information 
from other agencies and the public on the scope of issues to be 
addressed in the joint EIR/EIS.
    The Service will utilize the joint EIR/EIS in its evaluation of the 
permit application, the Habitat Conservation Plan, Implementing 
Agreement, associated documents, and comments submitted thereon to 
determine whether the application meets the requirements of section 
10(a) of the Endangered Species Act. If the Service determines that the 
requirements have been met, the Service will issue a permit for the 
incidental take of the covered listed species.

    Dated: October 30, 2000.
Robert W. Johnson,
Regional Director.
[FR Doc. 00-28431 Filed 11-3-00; 8:45 am]
BILLING CODE 4310-MN-P