Environmental Assessment

Acquisition of A/Vater Rights for v Stiliwater National Wildlife Refuge Fiscal Years 1991-1993

Churchill County, Nevada

005726 UNITED STATES FISH AND WILDLIFE SERVICE Region 1 Portland, Oregon

ENVIRONMENTAL ACTION MEMORANDUM

Acquisition of Water Rights for Stillwater Wildlife Management Area and Stillwater National Wildlife Refuge

Churchill County, Nevada

Within the spirit and intent of the Council on Environmental Quality's regulations for implementing the National Environmental Policy Act (NEPA) and other statutes, orders, and policies that protect fish and wildlife resources, I have established the following administrative record and have determined that the action of acquiring water rights for Stillwater Wildlife Management Area is found not to have significant environmental effects as determined by the attached Environmental Assessment. The attached Finding of No Significant Impact is final. Other supporting documents include: National Wetlands Priority Conservation Plan

North American Waterfowl Management Plan Concept Plan for Preservation of Redhead Breeding Habitat in the Great Basin Wetland Analysis of the Newlands Project Proposed Operating Criteria and Procedures Refuge Management Plan, Stillwater Wildlife Management Area

Operation of the National Wildlife Refuge System, FES 76-59

Director Date

005727

------I - --- ~ ---

DEPARTMENT OF INTERIOR U.S. FISH AND WILDLIFE SERVICE

Region l r portlandr Oregon • FINDING OF NO SIGNIFICANT IMPACT

The U.S. Fish and Wildlife Service (Service) has prepared an environmental assessment for the proposed acquisition of water rights for stillwater National Wildlife Refuge (NWR) and Wildlife Management Area (WMA). The assessment evaluates the effects associated with the acquisition of water rights which are needed to preserve wetland habitat for various species of fish and wildlife. This document will be superseded by an Environmental Impact statement (EIS) relating to directives in public Law 101-618 and FY94 and beyond funding. proposed Action: The Service proposes to acquire up to 20 r OOO acre-feet of water or water rights by purchaser leaser or contract to benefit stillwater NWR and WMA. The purpose of this proposal is to preserve and maintain wetland habitat r for endangered and sensitive speciesr waterfowl and other migratory birds mammalsr and several species of fish. For a further discussion of the purpose and need for the project r see page 7 of the environmental assessment. congress has appropriated $4 million for the acquisition of water rights in FY91 another $3.8 million is included in the presidents' FY92 budget and more will be requested in FY93. These rights will be acquired from water right holders within the Newlands Reclamation Project located in western Nevada near the town of Fallon. Water rights acquired will meet eligibility requirements discussed in the environmental assessment on page 10. Authority to undertake such an action is provided the Service by the Endangered Species Act of 1973 (16 U.S. Code 1531-1543; 87 Statute 884) as • amended the Emergency wetlands Resources Act of 1986 (public Law 99-645)rr and ther Fish and Wildlife Act of 1956 (16 U.S. Code 742a-742j) as amended using monies made available to the Land and Water conservation Fund Act of 1965 (U.S. Code 4601-4-4601-11; 78 statute 897) and public Law 101-618. r Alternatives to the proposed action that were considered and dismissed include: 1) No Action; 2) contract for Water Use; 3) Import Water from Dixie valley; 4) Develop Wetland Habitat in other Local Areas; 5) Acquire Water Only in Drought Years; 6) Transfer of water from other Basins; and 7) Acquire Inactive Water Rights. For further details regarding alternatives that were consideredr see page 13 of the environmental assessment. . The following describes why the proposed action will not have a significant effect on the human environment: 1. This proposal has been preceded by similar actions taken by the Service whereby lands/water rights were acquired in Fiscal Year 1989 and 1990 for Stillwater WMA. Some of the area's wildlife habitat values will be restored. 2. The proposal is consistent with State laws and other water right transfers. 3. Mitigation for removing lands and/or water rights from private ownership and placing them in public ownership will be accomplished by compensating current owners the appraised market value for their

005728 property or rights. Annual payments to the county via the Refuge Revenue Sharing Act will help offset the revenues from property taxes on any lands acquired in fee title.

4. A portion of Stillwater WMA has been established as an archaeological district and contains numerous sites. The Service would ensure that necessary steps are taken to protect these sites before implementation of any management activities which may affect or damage these sites. 5. The Service has evaluated the proposal with respect to various rules, . . regulations, and legislation, and has found it to be consistent with and in conformance to: Executive Orders 11990 (Protection of Wetlands) and 11986 (Floodplain Management); The Emergency Wetlands Resources Act of 1986; The Land and Water Conservation Fund Act of 1965; the Fish and Wildlife Act of 1956; and Public Law 101-618.

6. If we assume the established water measurement error for the Newlands Project is 10 percent, approximately 22,000 acre-feet, then effects of the proposed acquisition of 20,000 acre-feet represent a small component of the overall water delivery and are difficult to assess. Related Documents:

An environmental assessment, Acquisition of Water Rights for Stillwater Wildlife Management Area, Churchill County, Nevada was completed in July 1989 for the acquisition of water rights for a Fiscal Year 1989 appropriation totaling $1,200,000 and the Proposed Accruisition of Water Rights For Stillwater Wildlife Management Area Fiscal Year 1990 was completed in March 1990 for the 1.5 million appropriation. The project supports the goals of the National Wetlands Priority Conservation Plan. The project site is within the "waterfowl habitat areas of major concern" as identified in the North American Waterfowl Management Plan, the Waterfowl Habitat Accruisition Plan of 1985, and the Concept Plan for Preservation of Redhead Breeding Habitat in the Great Basin. Any lands acquired would be managed as part of the National Wildlife Refuge System as outlined in the environmental impact statement, Operation of the National Wildlife Refuge System, FES 76-59.

Public Availability:

Copies are available upon request from:

U.S. Fish and Wildlife Service Water Rights Acquisition Planning I 2600 SE 98th, Suite 130 Portland, Oregon 97266 Phone: (503) 231-6850 Determination:

Based upon information contained in the environmental assessment, the Service has determined that this action would not constitute a major Federal action significantly affecting the quality of the human environment. Issued in Portland, Oregon

Regional Director €> I 005729 FINAL ENVIRONMENTAL ASSESSMENT

PROPOSED

ACQUISITION OF WATER RIGHTS FOR

STILLWATER WILDLIFE MANAGEMENT AREA

AND

STILLWATER NATIONAL WILDLIFE REFUGE FISCAL YEARS 1991-1993 CHURCHILL COUNTY, NEVADA

PREPARED BY DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE REGION 1, PORTLAND, OREGON

DECEMBER 1991

AUTHORS: Edward W. Loth and R.O. Weaver

005730 FINAL ENVIRONMENTAL ASSESSMENT

PROPOSED ACQUISITION OF WATER RIGHTS FOR STILLWATER WILDLIFE MANAGEMENT AREA AND STILLWATER NATIONAL WILDLIFE REFUGE FOR FISCAL YEARS 1991-1993 CHURCHILL COUNTY, NEVADA

U.S. Department of the Interior LEAD AGENCY: U.S. Fish and Wildlife Service

Marvin L. Plenert, Regional Director RESPONSIBLE OFFICIAL: U.S. Fish and Wildlife Service Portland, Oregon

Ronald 0. Weaver, Team Leader CONTACTS: Water Rights Acquisition Planning U.S. Fish and Wildlife Service 2600 SE 98th Avenue, Suite 130 Portland, Oregon 97266-1325 (503) 231-6850 Ron Anglin, Refuge Manager Stillwater National Wildlife Refuge P.O. Box 1236 Fallen, Nevada 89406-1236 (702) 423-0416

ABSTRACT: The U.S. Fish and Wildlife Service (Service) proposes to acquire up to 20,000 acre-feet of water rights from Newlands Project facilities/Carson Division for the maintenance of primary wetland habitat within Stillwater National Wildlife Refuge and other Lahontan Valley wetlands. This proposed water rights acquisition program is a continuation of an ongoing program that will continue through Fiscal Year 1993. The Service is mandated through a number of laws, regulations, and international treaties to preserve, protect, enhance, and manage natural ecosystems for the benefit of fish and wildlife and their habitat. Water rights would be acquired through purchase from willing sellers, leases, or contracts.

1 005731 TABLE OF CONTENTS

PAGE I. PURPOSE OF AND NEED FOR ACTION A. Background 1 B. Ob j ectives - 7 C. Need 7 D. Public Involvement 8 E. Biological Resources 9

II. ALTERNATIVES A. No Action . 11 B. Contract for Water Use 12 C. Lease Water Rights 12 D. Lease Water Rights with an Option to Buy 12 E. Purchase Water Rights 12 F. Purchase Water Rights with Land 12 G. Other Alternatives Considered 13

III. AFFECTED ENVIRONMENT A. Background 13 B. Issues • 14

IV. ENVIRONMENTAL CONSEQUENCES A. NO Action 18 B. Contract for Water Use 19 C. Lease Water Rights 19 D. Lease Water Rights with an Option to Buy 20 E. Purchase Water Rights 21 F. Purchase Water Rights with Land 22

V. STATEMENT OF COMPLIANCE A. Executive Orders 23 B. Legislative Acts , 23

VI. CONSULTATION AND COORDINATION WITH OTHERS 24 MAILING LIST 25 REFERENCES 43

LIST OF FIGURES

Figure 1 . Truckee-Carson River Basin 3 Figure 2. Water Rights Aco^iisition Transfer Map 4 Figure 3. Water Rights Qualifying for Transfers to Lahontan Valley Wetlands 5 Figure 4. Stillwater Wildlife Management" Area 6

APPENDIX

Appendix A. Letter of Agreement with State of Nevada A-1 Appendix B. Executive Summary of Socio-economic Effects of Acquisition of Water for the Stillwater Wildlife Management Area, Nevada B-1 Appendix C. U.S.G.S. News Release c-1" •»

0057, I. PURPOSE OF AND NEED FOR ACTION

A. Background

In Fiscal Years (FY) 1989 and 1990, Congress appropriated $1.2 and $1.5 million, respectively, to be used for the acquisition of water rights for Stillwater Wildlife Management Area (WMA). The U.S. Fish and Wildlife Service (Service) prepared environmental assessments "Proposed Acquisition of Water Rights for Stillwater WMA" and "Proposed Acquisition of Water Rights for Stillwater WMA, Fiscal Year 1990" for these appropriations. The assessments were finalized with the signing of Finding Of No Significant Impact statements on July 13, 1989, and March 28, 1990, respectively. To date, the Service has purchased approximately 560 acres of land in fee title. Thirty-five hundred acre-feet of water for Stillwater WMA have been approved for transfer. This document only . addresses funding for FY91, FY92, FY93, and limits acquisition to 20,000 acre-feet.

The FY91 appropriation, Public Law 101-512, authorized an additional $4.0 million for acquisition of water rights for Stillwater WMA. Another $3.8 million is included in the President's FY92 budget for water rights acquisition.

Public Law 101-618, signed on November 16, 1990, authorizes additional funding to acquire water rights for Stillwater National Wildlife Refuge (NWR) and, with State cooperation, other wetlands in Lahontan Valley. This law will assist the Services' wetland acquisition program. Title II of Public Law 101-618, The Truckee- Carson-Pyramid Lake Water Rights Settlement Act, authorizes and directs, .in conjunction with the State of Nevada, the acquisition of water and water rights, with or without land, to sustain on a long-term average approximately 25,000 acres of primary wetland habitat within Lahontan Valley. This legislation also established Stillwater as a 77,520-acre national wildlife refuge.

Subsection 206(d) of Public Law 101-618 states "The Secretary is authorized to enter into an agreement with I the State of Nevada for use by the State of not less than $9 million of State funds for water and water rights acquisitions and other protective measures to benefit I Lahontan Valley wetlands." A letter of agreement with the State of Nevada, Department of Wildlife (NDOW), is included as Appendix A. Bonding legislation in 1983 made $4 million available to the State of Nevada, provided a negotiated settlement was agreed upon. These funds were designated to acquire water and water rights for Lahontan Valley wetlands and make improvements to the irrigation system. An additional $5 million from 1990 bonding

005733 legislation is available to the State of Nevada that is specifically for acquisition of water rights in Lahontan Valley.

The Service proposes to use the $4 million in FY91 and the $3.8 million in the President's FY92 budget and any additional funding proposed in FY93 to acquire water rights and transfer these rights to Stillwater NWR and WMA near Fallen, Nevada. The State of Nevada, Department of Wildlife, proposes to use their $9 million for water rights acquisition and transfer those rights to Carson Lake and Pasture. Water rights would be acquired from Newlands Reclamation Project (Figure 1) water right holders. The acquisition and transfer of water rights to respective Stillwater NWR and Carson Lake Pasture areas would be based on irrigation water delivery and drainage patterns. (Figure 2).

The acquisition and transfer of these water rights by the Service and NDOW would meet eligibility criteria described in Chapter 2 of this assessment and illustrated on the eligibility map of August 1991, compiled by the Bureau of Reclamation (Figure 3). By mutual agreement among the Service, (NDOW), and Truckee-Carson Irrigation District (TCID), acquisition of water rights for Lahontan Valley wetlands will not exceed 20,000 acre-feet through November 1993.

In accordance with Public Law 101-618, Paragraph 206(a)4, the Service will prepare a report to Congress by November 1993 on the social, economic, and environmental effects of the water rights purchase program to maintain an average of 25,000 acres of primary wetlands in Lahontan Valley which includes wetlands for the Service, State of Nevada, and Fallen Paiute-Shoshone Tribes. An Environmental Impact Statement (EIS) which will address the acquisition of water rights beyond 20,000 acre-feet, is planned to be completed by November 1993. The resulting Record of Decision will contain proposed actions that will supersede those described in previous environmental assessments for the acquisition of water and water'rights.

During the interim, an environmental document is being developed to address Public Law 101-618, Subsection 206(e) —Transfer of Carson Lake and Pasture to the Nevada Department of Wildlife. The document will discuss general management .purposes, public use", and other proposed programs.

Stillwater NWR is located within the WHA boundary in. west- central Nevada near the terminus of the Carson River near the town of Fallen. All lands within the original WMA boundary lie in Churchill County (Figure 4). Stillwater

005734 tep

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fll Rk/its (Xxfifyhg for Trcnsfers to Lcfontan Ycfey Wetkni (Provisional August 1991) UL DwWo Bos? tnd «rMm (Hxth end East)

t?2S l^^Sox. 26 Sscfoi ~ l/i )/* S*1*"5 c r LA

Qualifying Bench/Bottom Taier Rights Qualifying Pasture Tfater Rights

Tit corsposiU bdudes surfict -rtisr rigbU ts of 3554 Uial tere irrJEtled ODE or n^rt jetjs froz: 19W iirooci 1539, tufi" cidt:i3Es the TtUoa bdku Reserreiion. 7se rlrfhct Ttlcr rigbls bcludc boicb, bottom tuiJ pasture duly project tiler ri.

Figure 3

0 0A !~b ^1/ f~\-5 FALLON NATIONAL WILDLIFE REFUGE

STILLWATER

NAT1OKAL

&"Z.

STILLWATER WILDLIFE MANAGEMENT AREA CHURCHILL COUNTY NEVADA

Figure 4

0r\ ^0 b<"> o< a a WMA was established by Secretary Notice No. 6449, dated November 26, 1948, in part to provide habitat for nesting and migrating waterfowl and is managed by a Tripartite Agreement among the Service, NDOW, and TCID. Established for 50 years, this Tripartite Agreement and authorization for Stillwater WMA is scheduled to expire in 1998.

B. Objectives

The purpose of this proposal is to preserve and protect wetland habitat on Stillwater and WMA. Public Law 101-512 and the President's proposed FY92 and FY93 budgets will provide funding for this action. This proposal does not address funding and water acquisition related to Public Law 101-618.

The Service has major responsibilities under the Migratory Bird Treaty Act for conservation of the Nation's waterfowl resource. To help meet this responsibility, continuous efforts are being made to protect wetlands essential to waterfowl. The North American Waterfowl Management Plan (Plan) is a comprehensive program designed to protect and restore waterfowl populations through Federal, State, and private activities in the United States and Canada. Waterfowl values at Stillwater NWR and WMA have been recognized in the Plan with designation as "a habitat area of major significance." The most significant preservation strategy to protect wetlands on this refuge is to acquire a substantial supply of high quality water.

A secure source of high quality water will help preserve nesting and brood habitat for waterfowl and produce aquatic foods for fall migrants. This water also will benefit various species of shore and marsh birds, fish, mammals, and their associated food sources. In addition, recreational opportunities for consumptive and nonconsumptive users will be increased.

C. Need

Irrigation demands of the Newlands Project in conjunction with the recent drought have reduced Stillwater marshes to less than 1,300 acres.

Stillwater NWR and WMA does not have a dependable source of good quality water because the Tripartite Agreement grants it only the use of return flows from the irrigation project not utilized by TCID in the operation of the Newlands Project for the wetland areas. In addition, Stillwater WMA has appropriative water rights to return flows from the project, but these rights are 1 subordinate to the primary use of water by TCID in the I

005733 •

operation of the Newlands Project, and do not imply any right to request direct water deliveries, or assure water i quality necessary to sustain the wetland habitat.

Wildlife management purposes for Stillwater NWR are to:

1 . maintain and restore natural biological diversity within the refuge;

2. provide for the conservation and management of fish and wildlife and their habitats within the refuge;

3. fulfill the international treaty obligations of the United States with respect to fish and wildlife; and

4. provide opportunities for scientific research, environmental education, and fish and wildlife oriented recreation.

To meet management objectives, the refuge must maintain a minimum of 14,000 acres of wetlands which is estimated to require an average of 70,000 acre-feet annually, calculated at a rate of 5 acre-feet per surface acre of wetland. Approximately 37,600 acre-feet of return flow are presently expected at current project efficiencies, in a normal year. The quality of this water is conjectural and presently being evaluated. A recent October 28, 1991 News Release, from U.S. Geological t Survey says irrigation drain waters are contaminated (Appendix C).

Without the acquisition of water rights, water shortages for wetlands is expected to continue. Relatively shallow marsh units will evaporate quickly, destroying nesting habitat and causing total dissolved solids to exceed aquatic plant tolerance limits. This condition will kill the standing crop of important plants such as sago pondweed and alkali bulrush. Increased irrigation I efficiency will provide less drain water and increase total dissolved solids in those waters flowing to Stillwater NWR and WMA.

D. Public Involvement

Since October 1988, there have been discussions and meetings concerning the acquisition of water rights for Stillwater WMA with landowners, conservation organizations, Federal,' State, county, and local 1 entities, Indian tribes, and other interested individuals. In addition to the above, an "open house" was used as part of the scoping process to help identify alternatives and issues to be addressed in the

005740 environmental assessments. Input and comments were received from many people. The Draft Environmental Assessment (DEA) was sent out for public comment on July 12, 1991, 'with another open house held July 30, 1991, to receive comments on the DEA. All comments were considered in preparation of the Final Environmental Assessment.

E. Biological Resources

Most of Stillwater NWR and WMA lie within the Carson River floodplain which is characterized by generally flat topography. Sandy soils are common and wind erosion has caused dune-like topography over much of the western part of the area. Generously interspersed among the low rolling dunes are bare alkali playas. The soils.are usually high in salts and alkaline deposits.

Desert shrub-type vegetation, represented by saltbush and greasewood, dominates upland areas that have better soils. Little or no vegetation is found on the more saline and alkaline soils. The density of saltbush and seablite, salt tolerant plants, is directly proportional to the salt concentration of the lands.

Riparian vegetation along the Carson River is typically represented by cottonwood, willow, Russian olive, saltbush, and some saltgrass. In the marsh units, vegetation varies from alkali bulrush, cattail, and wiregrass to saltgrass.

This high desert marsh, about 4,000 feet above mean sea level, is part of a geographic waterfowl habitat area known as Intermountain West. One of three major wetland areas of the Interior Basin, Stillwater NWR and WMA has supported peak populations of 13,000 tundra swans, 70 bald eagles, 30,000 American white pelicans, and 325,000 ducks that include 25,000 canvasbacks, 150,000 northern shovelers, and 20,000 redheads.

Shorebird and marshbird numbers are impressive with thousands of American avocets, egrets, long-billed dowitchers, white-faced ibis, and black-necked stilts. Because of the exceptional population of shorebirds in both Stillwater NWR and Carson Pasture, the area has been designated as a Hemispheric Reserve.

Several endangered and sensitive species use Stillwater NWR and WMA. Endangered species include the bald eagle and American peregrine falcon which often prey on waterfowl and other wildlife associated with marshes. The area provides feeding and/or nesting habitat for sensitive species such as Swainson's hawk, osprey, loggerhead shrike, white-faced ibis, and American white

005741 pelican. Anaho Island at Pyramid Lake supports up to 10,000 pairs of American white pelicans, which has been the largest population of white pelicans in North America. These pelicans require shallow marshes for feeding. Stillwater WMA wetlands, one of only three main shallow marshes in western Nevada, has been the main feeding area for up to 80 percent of the pelicans from Anaho Island. Other fish-eating birds, such as double-crested cormorant and great blue heron, also depend upon fish populations in Stillwater NWR and WMA marshes.

The above mentioned birds are only part of the wide variety of wildlife associated with Stillwater WMA. Altogether, over 120 species of birds, 45 species of mammals, and 22 species of fish have been recorded using the wetlands and adjacent upland areas.

II. ALTERNATIVES

Several alternatives are being considered to determine the most feasible and effective means of acquiring water rights for Stillwater NWR and WMA. To protect these wetlands, it may be necessary for the Service to implement more than one alternative. Alternatives being considered include: I 1 . Purchase Water Rights 2. Lease Water Rights with an Option to Buy 3. Purchase Water Rights with Land i 4. Lease Water Rights

The Service would use the $4 million appropriated by Congress in Public Law 101-512 and the $3.8 million in the President's FY92 budget and FY93 funds to purchase or lease water rights or land and water rights that were, included on the August 1991 Map (Figure 3) and in the Newlands Project acreage that was both water righted and irrigated in one or more years from 1984-89, excluding: i 1. any acreage that was irrigated' with groundwater rights;

2. any acreage that was water righted by virtue of a transfer approved-since March 15, 1985; and

3. any acreage within the Fallen Paiute-shoshone Reservation as indicated, in Subsection 103(A) of Public Law 101-618, but including any I acreage irrigated under contractual pasture water rights. I 10 I 00574S 1 If the acreage for any purchased water right was irrigated in any year between and including 1984-89 and was included in the map, the activity or past use of the water right would not be an issue in any application to transfer such rights to Stillwater NWR. More importantly, the limitations imposed by Operating Criteria and Procedures (OCAP) for the Newlands Project will not be compromised by this acquisition program. These issues will be addressed by a future EIS.

The Service will not pursue or accept the purchase, lease, or donation and transfer of Newlands Project water rights which do not meet the above eligibility requirements. The Service may, however, acquire a minority portion of ineligible water as part of a \. larger acquisition. In those cases, the portion of the acquisition that does not meet the eligibility requirements stated above will be segregated from that portion that does qualify, and the initial transfer request to the State Engineer would only include "eligible" water rights. Those acquired water rights not presently eligible for transfer would be retained for possible later transfer pending the outcome of litigation over the OCAP and over the abandonment or forfeiture of Newlands Project water rights.

Presently water duties are 3.5 acre-feet/acre (af/a) on bottomland and 4.5 (af/a) on benchland. Eligible water rights (acquired in the Carson Division) can only be transferred at a rate of 2.99 (af/a), in accordance with the Alpine decree. At least until the report required by Paragraph 206(a)(4) of Public Law 101-618 and associated National Environmental Policy Act (NEPA) documentation is completed, the .51 or 1.51 af/a transfer rate differential will be reserved.

The prime water for Stillwater NWR is expected to be delivered at the rate of two-thirds in the spring, March 15-June 1, and one-third in the fall, September 15- November '15. This could vary depending on water year.

No Action

This alternative would allow the "status quo" of unregulated and unscheduled water inflow to wetlands to continue. The Service would continue to receive poor quality agricultural drainwater, precautionary drawdowns, and occasional operational spills as the only sources of water. Wetland habitat on Stillwater NWR and WMA would continue to be lost or degraded due to water deficiencies and reduced water quality. As a result, the trend o'f reduced wildlife, fish, plants, and archaeological resource values would continue.

005743 B. Contract For Water Use

Through this alternative the Service would enter into a contract agreement with landowners for a right to use their water and deliver it through project facilities to Stillwater NWR. The Service would negotiate an agreement' for the annual use of water, with annual extensions not to exceed 5 years. The funding source for this alternative is operations funds.

C. Lease Water Rights

This alternative would involve the Service leasing water rights from owners and diverting the flow to Stillwater Refuge marshes. Lease agreements would be short-term, i.e., less than 10 years in length. Owners would be paid fair market value for any water rights covered by -the lease agreement. Values would be derived for both annual and multi-year leases. The funding source for this alternative is Land and Water Conservation Fund appropriations.

D. Lease Water Rights with an Option to Buy

This alternative is similar to Alternative C, except the Service would have an option to purchase these rights at • the end of the lease period. A lease option agreement would also be short-term, less than 10 years in length. As in the above alternative, the owner would be paid fair market value. The value of the option to buy would be determined at the time the lease option is executed.

E. Purchase Water Rights

Under this preferred alternative, the Service proposes to purchase water rights from willing seller landowners. Of the alternatives identified to acquire water only, this alternative would provide the most permanent source of water to the Stillwater NWR. As with leases, the landowner would be paid fair market value for the rights acquired. In addition, the purchase contract and deed with the landowner would prohibit any future transfer of water rights to property that does not meet the eligibility requirements specified above. An application for a permit for transfer and change of use for water rights acquired would be filed with the State Engineer.

F. Purchase Water Rights with Land

Through this alternative the Service would purchase both land and water rights from willing sellers. Water-would be diverted to Stillwater NWR and an application for a permit for transfer and change of use would be filed with

005744 the State Engineer. The purchased land may become part of the National Wildlife Refuge System. In that event, the Service would not pursue the transfer of any water right that did not meet the eligibility requirements specified above.- If the land does not meet Service objectives, it may be exchanged or declared excess. As in the other alternatives, owners would be paid fair market value.

G. Other Alternatives Considered 1 Additional alternatives identified in the public scoping process were:

1 . pipe artisan water from Dixie Valley, 2. develop wetland habitat in other areas of the Newlands Project or Dixie Valley, 3. acquire water only during drought years, 4. transfer water from other water basins, and 5. acquire inactive water rights.

The Service determined that these alternatives were not feasible at this time because of prohibitive costs, length of time required for wetlands to actually receive water, uncertainty of water for lease or purchase during periods of drought, unknown adverse effects on fish and wildlife in the source basin, or adverse effects on the endangered cui-ui or threatened Lahontan cutthroat trout. These alternatives are eliminated from further consideration in this environmental assessment.

III. AFFECTED ENVIRONMENT

A. Background

Almost 13,000 years ago, Lake Lahontan inundated the present day Stillwater marshes with 300 feet of water. The lake receded about 5,100 years ago, but the area remained uninhabited for another 2,100 years. The first inhabitants were displaced by "Numic" speaking people about 700 years ago. The present'day local Paiute-Shoshone people are descendants of these latter inhabitants.

Settlement began in the area when the Emigrant Trail of the "49ers" passed by the west side of Stillwater marshes. The first.farms and ranches were established adjacent to the marshes and along the lower Carson River.

The most significant change to the area came with the development of the Newlands Reclamation Project.. The Project began in 1905 with the construction of the Truckee Canal. Later, in 1914, Lahontan Dam was

13 I

completed which created Lahontan Reservoir. Water from the Truckee Canal and Carson River is stored in the reservoir for release downstream to the irrigation proj ect.

Several smaller regulating reservoirs and over 380 miles of canals and 345 miles .of drains channel water throughout more than 73,00 acres of agricultural land in Lahontan Valley. Approximately 1,200 farming operations I in the Newlands Project produce alfalfa, pasture, other livestock forage, small grains, and vegetables. Most forage crops are used in the area by commercial feed lots or on local farms. However, a portion is exported to V other areas of Nevada and California. Truckee Carson Irrigation District operates the Newlands Project for the Bureau of Reclamation.

The main source of water for the Refuge is agricultural return water. Some of the agricultural return flow entering the Refuge is contaminated and can be detrimental to fish and wildlife and associated habitat. This occurs mainly due to leaching of materials from certain soils found in the project area. A drought has. intensified the problem by further reducing wetland habitat and concentrating contaminants. A loss of fish and wildlife and habitat has resulted. The lowering of i • water levels has prevented revegetation and exposed many archeological sites to the weather and unauthorized collectors.

The Truckee River, located in adjacent water basin, provides water through the Truckee Canal to the project area from a diversion at Derby Dam. This diverted water reduces the habitat available to cui-ui and Lahontan cutthroat trout in Pyramid Lake and the lower Truckee River. It provides more water to the project and consequently higher return flows to the wetlands and Refuge. The use of this diverted Truckee River water is extremely controversial. I B. Issues

The following issues have been identified as pertinent for consideration in each alternative and subsequent i discussion regarding the most appropriate course of action.

1. Water Resources

An attempt will be made when feasible to acquire water rights from lands:

a. which are least desirable for farming based on recommendations and information

14 I 005146 i from the U.S. Soil Conservation Service, Bureau of Reclamation, TCID, and U.S. Geological Survey, thereby limiting removal of prime farmlands;

b. at the end of lateral irrigation canals which reduces irrigation costs and water losses in transport;

c. which contribute the most contaminants to the wetlands, thereby reducing the contaminant load flowing into Stillwater NWR; and

d. which are located in the eastern portion of the Newlands Project to minimize the environmental and physical impacts to the delivery system.

Because of potential complications involved with the acquisition and transfer of water rights for Stillwater NWR, this project lends itself to cooperation with non- profit organizations such as The Nature Conservancy. After successful negotiations with willing sellers and the signing of options with landowners or non-profit entities, the Service would make formal applications to the State Engineer to transfer water rights. However, no sales or leases will be finalized until such time as the State Engineer has approved an appropriate transfer request.

2. Contaminants

The water rights acquisition process will consider the results of research already conducted and other studies I identifying lands that contribute the highest loads of drainwater contaminants. Contaminant loads in drainwater entering the wetlands would be reduced as identified lands are acquired and retired from irrigation. These lands and/or water rights will be given the highest acquisition priority by the Service.

The Service, Bureau of Reclamation, and U.S. Geological. Services are working .on various ways to control contaminated drainwater and to make changes in system operations that would further reduce the level of contaminants flowing into the wetlands. Other changes in management to protect and enhance the wetlands would be made based on the results and recommendations of future research. The acquisition of water rights would improve the water quality on the Refuge.

15 3. Lease/Purchase

The public law providing funds for acquisition of water rights authorizes the purchase of these rights. If water rights without land are not readily available, the Service would pursue acquisition of lands to obtain the desired water rights and would pay fair market value, based on approved appraisals, for any land and water rights acquired. The Service would develop and maintain any facilities and structures necessary to receive the water beyond the existing Newlands Project delivery system and pay TCID customary annual operation and maintenance fees for water delivered to the Stillwater NWR and WMA resulting from the acquisition and transfer of rights. These development and maintenance costs and annual fees are not included as part of the appropriated funds.

4. Economics

A socio-economic study, Socio-economic Effects of Accruisition of Water Rights for the Stillwater Wildlife Management Area, Nevada, has been conducted to evaluate impacts to the local area. This study indicates no loss in revenue to the community for acquisition of 20,000 acre-feet of water rights. The results of this study are summarized in Appendix B.

Recreational use by hunters, fishermen, and bird watchers increased from 5,000 to 45,000 annual visits between 1950 and 1984. With additional high quality water for Stillwater WMA wetlands, use by these groups would be expected to steadily increase because of the growing population of western Nevada and the popularity of Stillwater WMA to bird watchers. These consumptive and nonconsumptive users would impact the local economy beneficially as they require services such as food, lodging, and other supplies provided by the community. Potential negative economic impacts to the community can be expected as some agricultural land would be removed from production. Some agricultural production would be lost when water rights are sold and utilized by the wetlands. These lands would be reduced in value and tax revenue to the county could decrease; however, some landowners have expressed a desire to sell-water rights and subdivide the remaining fee interest for urban development. If this occurred, assessed value could increase. State law provides rights for domestic use of ground water on such lands without agricultural rights. National Wildlife Revenue Sharing Act payments would increase tax revenue to the county for land acquired by the Service. Within the constraints of the Act, efforts would be made not to burden the city or county infrastructure.

005748 5. Cultural

Stillwater National Register Archaeological District occurs within the Stillwater WMA. This District contains over 85 prehistoric archaeological sites. The recent flood-drought cycle adversely affected 45 of these sites. With adequate water, wetland vegetation would provide stability and site preservation. A dependable source of water for the Stillwater marshes would help preserve these and other potential sites by preventing marsh units from drying up. As the marsh dries, effervescence of • i salts (alkali) occurs and erosion accelerates. As a result of drying, many of the archaeological sites could be exposed making them more susceptible to pilfering by amateur archaeologists and professional collectors. It is anticipated that water acquisition would have a beneficial effect on prehistoric sites.

6. Endangered Species

Acquisition of water rights in the Newlands Project would meet the 'eligibility requirements discussed in the Alternatives Chapter and would not-affect OCAP or exceed existing diversions from the Truckee River. Consequently, there will be no adverse effects to the endangered cui-ui or threatened Lahontan cutthroat trout in Pyramid Lake.

Habitat on Stillwater WMA used by the endangered bald eagle and peregrine falcon and several sensitive species of wildlife would be enhanced by the acquisition of water rights. Sensitive species are those species, subspecies, or distinct populations that could become federally listed as endangered or threatened in the foreseeable future, throughout all or in a significant portion of their ranges, without active management or removal of threats.

IV. ENVIRONMENTAL CONSEQUENCES a This section analyzes the environmental consequences or impacts expected to occur upon implementation of the alternatives considered. If we assume the range of established water measurement error is 10 per cent or 22,000 acre-feet, for the Newlands Project, then effects of acquiring 20,000 acre-feet constitute an insignificant component of the overall project operations and are difficult to assess. Certain impacts can be anticipated because of the ability to call and receive water. Project impacts may be general but wetland impacts are likely to be specific. This section gives an idea of what consequences might occur.

005749 .A. No Action

Under this alternative the following impacts could occur:

1 . Current project operations and use of delivery systems would continue. Agricultural lands that are least desirable for farming and contribute the most contaminants would not be purposely retired, I and water rights would not be purposely acquired from lands at the end of lateral irrigation canals.

2. Agricultural lands identified to contribute contaminants would remain in production and the accumulation of total dissolved solids in Stillwater WMA wetlands would continue or increase as OCAP efficiencies increase.

3. Impacts to agricultural lands caused by removing water would not occur, since no water rights would be acquired by lease or purchase.

4. The agricultural economy would not be adversely impacted, however, contributions to the local economy by recreational users i such as hunters, fishermen, and bird watchers would decline as Stillwater wetlands diminish.

5. Many of the archaeological sites could be exposed making them more susceptible to pilfering by amateur archaeologists and professional collectors. I

6. The threat of adverse impacts to the endangered cui-ui and threatened Lahontan I cutthroat trout in Pyramid Lake through continued diversions from the Truckee River would continue as would the impacts to the endangered bald eagle and American peregrine falcon and several sensitive species that use Stillwater Refuge.

7. Wildlife and fish populations and aquatic vegetation on Stillwater WMA would continue to decline.

18 J

uA Au cb: ^t/ r-5 n 0 I B. Contract for Water Use

The following environmental effects could occur:

1. Water acquired by contract would produce short-term beneficial impacts to the environment, provided it came from lands that contributed the most contaminants to the wetlands. Contracted water would be temporary; therefore, the lateral irrigation canals when is use would require maintenance and upkeep, and no canals could be eliminated from the delivery system as a result of this alternative.

2. Contamination of water flowing into Stillwater marshes due to irrigation and total dissolved solids would be temporarily reduced during the contract period.

3. Short-term adverse impacts to agriculture through loss of production would occur, but these could be offset by contributions to the local economy by recreational users who require services such as food, lodging, and various supplies provided by the community.

4. Landowners could reserve a minimal water allocation to maintain residual cover during the contract period to minimize environmental effects to land having water removed or the land returns to native vegetation over time.

5. Water would help preserve known and potential archaeological sites by preventing marsh units from drying up during the contract period, but detrimental effects could occur without a continual contract.

6. Stillwater NWR habitat would be maintained temporarily for endangered and sensitive species, but benefits would be limited do to fluctuation of waters.

C. Lease Water Rights

Acquisition of water rights by leasing would produce the following effects: I 1. Leasing would not produce long-term benefits'of removing lands from agricultural production that contribute significant contaminants to the water flowing into Stillwater wetlands. Lateral irrigation

n rrt 0U iJ \$ canals could not be eliminated from the delivery system, since they would be needed after leases expire.

2. Contamination of drainwater due to high levels of total dissolved solids would be reduced during the lease period.

3. Adverse impacts to agriculture during the lease period would be temporary, and these may be offset by contributions to the local economy by recreational users.

4. Agricultural lands from which the water was removed would revert to native vegetation unless the landowner reserved part of the water allocation to maintain residual cover. i 5. Water received during the lease period would help preserve known and potential archaeological sites. This could be detrimental if not received continually. i

6. Habitat for endangered and sensitive species using Stillwater WMA would be temporarily maintained. D. Lease Water Rights with an Option to Buy i Environmental consequences of this alternative are similar to those of Alternative E.

1. If water is leased and subsequently purchased from lands that contribute contaminants to drainwater, water quality of Stillwater f wetlands would improve. Provided water was acquired from the end of lateral irrigation canals, that portion of the delivery system could be removed from service.

2. The amount of total dissolved solids in Stillwater wetlands would be reduced. f 3. This alternative would preclude agricultural income from lands in which water was removed. However, depending on location, some I landowners could sell water rights and subdivide the remaining fee interest for urban development. Recreational users could I be expected to provide revenue to the local economy. I 20 I

005752 I 4. After water use is transferred from agricultural lands, these lands would revert to natural vegetation and/or some effervescence of salts (alkali) could occur and accelerate erosion.

5. Wetlands would be maintained to help protect and preserve cultural resources.

6. Wetland habitat would be preserved for endangered and sensitive species and other fish and wildlife using Stillwater NWR.

E. Purchase Water Rights

Implementing this alternative would produce the following consequences: I 1. Acquisition of water rights from lands contributing contaminants to drainwater could ensure permanent retirement of these lands from agricultural production. Water rights acquired from lands at the end of lateral irrigation canals would help improve irrigation system efficiency.

2. The amount of total dissolved solids flowing into the Stillwater wetlands would be reduced.

3. Agricultural lands would be removed from production. Landowners could subdivide the remaining fee interest or change the use for urban development. Recreational users would make contributions to the local economy for services such as food, lodging, and various supplies. The county would not receive annual revenue sharing payments, because land would not be acquired. County tax revenues would decrease as a result of the reduced land values once water is removed if land is not converted to other higher taxed uses.

4. After water rights are transferred from agricultural lands to Stillwater NWR and WMA, lands may revert to natural vegetation. Some parcels may remain bare unless vegetated, others may provide upland vegetation which would be used by upland species of wildlife.

5. A permanent water supply would provide a greater assurance for the protection of known and potential archaeological sites on the Wildlife NWR and WMA.

21 6. Acquisition of water rights would assure maintenance of habitat for endangered and sensitive species, waterfowl, and other • wildlife and fish- using the wetlands.

F. Purchase Water Rights with Land

Under this alternative the following environmental effects could occur:

1 . • Lands would be removed from agricultural production, whether or not they were contributing contaminants to drainwater. If water is not needed for the acquired lands the irrigation facilities would not be maintained, nor would lateral irrigation canals if they were at the end of the delivery system. The water would be moved to the wetlands unless needed for habitat. Lands could be managed for the benefit of upland wildlife species and provide additional recreation and educational opportunities.

2. Water quality in Stillwater NWR and WMA marshes would be improved because of a lower level f of total dissolved solids. 3. The agricultural economy would be adversely I impacted, but these impacts may be offset by contributions to the local economy by recreational users. In addition, the county would receive annual payments in accordance with the Refuge Revenue Sharing Act. 4. Both known and potential archaeological sites I in the Stillwater marshes would be assured of greater protection. Additionally, any historic and archaeological features that might be found on the lands acquired would be 1 assured protection by being in refuge status. 5. Survival prospects for endangered and I sensitive species, other wildlife, fish, and plants on Stillwater NWR would be greatly enhanced, since their habitat would receive water on demand, depending upon availability.

6. Acquisition of water rights would assure maintenance of habitat for endangered and i sensitive species, waterfowl, and other wildlife and fish using the wetlands. I 22 i 005754 V. STATEMENT OF COMPLIANCE

The Service is in compliance with the following Executive Orders and Legislative Acts:

A. Executive Orders

1. Protection of Wetlands-Executive Order 11990. The Service proposal to acquire water rights for Stillwater WMA is consistent with this Executive Order.

2. Protection of Historical, Archaeological, and Scientific Properties-Executive Order 11593. Stillwater WMA has been established as the Stillwater National Register Archaeological District. Numerous known and potential archaeological sites exist on the WMA. The Service will continue its policy of protecting all sites of significant importance.

3. Floodplain Management-Executive Order 11988. A series of dikes and levees and water control structures are used to maintain wetland habitat on the Stillwater WMA. These facilities are located in the Carson River floodplain but do not pose any danger to human communities or severe threat to human life or property. Although these facilities and structures may impede the flow of -flood waters, they are consistent with the intent of the Executive Order which is to provide wildlife habitat and recreation.

B. Legislative Acts

1. Endangered Species Act. An internal consultation concerning the proposal was initiated on January 23, 1989 and again on May 23, 1991. The conclusion was that the acquisition of active water rights in the Newlands Project area would cause no adverse effect on any threatened or endangered species in or adjacent to the area.

2. Comprehensive Environmental Response, Compensation, and Liability Act of 1980. No hazardous waste sites have been identified in the project area. Contaminant have been found in some drains entering Stillwater WMA; studies are ongoing. Water for this project

005755 will come from Lahontan Reservoir which has good quality water and should help dilute existing contaminants.

3. Uniform Relocation Assistance and Real Property Acquisition Policy Act. Steps necessary to comply with this act will be taken if the Service acquires fee title to land with water rights.

VI. CONSULTATION AND COORDINATION WITH OTHERS

All comments received during the development of the previous environmental assessments, "Proposed Acquisition of Water Rights for Stillwater Wildlife Management Area" and "Proposed Acquisition of Water Rights for Stillwater Wildlife Management Area, Fiscal Year 1990," as well as those received on this DEA, and from the public meeting, were considered in preparation of this environmental assessment. 1

1 J

00575R J

rr^=s^rr-fr^r^T?FrrtfT^^ DISTRIBUTION/MAILING LIST

STILLWATER ENVIRONMENTAL ASSESSMENT EY91-93

U.S. SENATORS AND REPRESENTATIVES

Honorable Harry Reid United States Senate SH-324 Hart Senate Office Bldg. Washington, D.C. 20510-2803

Honorable Harry Reid United States Senator 600 E. William, Room 302 Carson City, NV 89701

Honorable Harry Reid United States Senator 300 Booth Street Reno, NV 89509

Honorable Richard H. Bryan United States Senate SR-358 Russell Senate Office Building Washington, DC 20510-2804

Honorable Richard H. Bryan United States Senator 300 Booth Street, Suite 2014 Reno, NV 89509

Honorable James H. Bilbray U.S.'House of Representatives Washington, DC 20515

Honorable James H. Bilbray Member, U.S. House of Representatives 1701 West Charleston Boulevard, Suite 300 Las Vegas, NV 89102

Honorable Barbara Vucanovich U.S. House of Representatives 206 Cannon House Office Bldg. Washington, D.C. 20515-2802

Honorable Barbara Vucanovich U.S. House of Representatives Federal Building 300 Booth Street, Room 1139 Reno, NV 89509 I

005757 STATE OF NEVADA e Governor Robert J. Miller State Capitol Carson City, NV 89710

Danna Sturm, Acting Coordinator State Clearinghouse (OCS/SPOC) Office of Community Services Capitol Complex Carson City, NV 89710

William A. Molini, Director Nevada Department of Wildlife 1100 Valley Road P.O. Box 10678 Reno, NV 89520-0022

Keith L. Lee, Chairman Board of Wildlife Commissioners Nevada Department of Wildlife P.O. Box 10678 Reno, NV 89520

Richard T. Heap Regional Supervisor, Region 1 Nevada Department of Wildlife 380 W. B Street Fallen, NV 89406

Terry Retterer Nevada Dept. of Wildlife Box 10678 Reno, NV 89520

Roy Leach Nevada Dept. of Wildlife 380 West B Street Fallen, NV 89406

Thomas W. Sallow, Executive Director Nevada Department of Agriculture 350 Capitol Hill Avenue P.O. Box 11100 Reno, NV 89510

Peter G. Morros, Director Nevada Department of Conservation and Natural Resources Capitol Complex 123 W. Nye Lane i Carson City, NV 89710

005758 i R. Michael Turnipseed Nevada State Engineer 123 West -Nye Lane Capitol Complex Carson City, NV 89710

Dr. Jonathan C. Palm Nevada Division of Water Resources 123 West Nye Lane Capitol Complex Carson City, NV 89710

John Richardson, Administrator Nevada Division of State Parks 123 West Nye Lane Capitol Complex Carson City, NV 89710

Pamela B. Wilcox Administrator and State Land Registrar Nevada Division of State Lands 123 West Nye Lane Capitol Complex Carson City, NV 89710

Lowell V. Smith, State Forester Nevada Division of Forestry 123 West Nye Lane Capitol Complex Carson City, NV 89710 '

Everett Jesse f Division of Water Planning 123 West Nye Lane Capitol Complex Carson City, NV 89710

Administrator Nevada Division of Conservation Districts 123 West Nye Lane Capitol Complex Carson City, NV 89710

Melvin D. Close, Chairman Nevada State Environmental Commission 123 West Nye Lane .Capitol Complex Carson City, NV 89710

Clifford Segerblohm, Chairman Nevada State Park Advisory Commission 123 West Nye Lane Capitol Complex Carson City, NV 89710

0.0575.9 i

Ronald M. James Deputy State Historic Preservation Officer Nevada Division of Historic Preservation and Archeology 123 West Nye Lane Capitol Complex Carson City, NV 89710

Lewis H. Dodgion, Administrator Nevada Division of Environmental Protection 123 West Nye Lane Capitol Complex Carson City, NV 89710

Jonathan G. Price, Director/State Geologist Nevada Bureau of Mines and Geology University of Nevada Reno, NV 89557-0088

Dr. Gerald F. Gifford, Chairman Dept. of Range, Wildlife, and Forestry University of Nevada 100 Valley Road Reno, NV 89512

Dr. Elwood Miller Associate Director of Nevada Cooperative Extension Department of Range, Wildlife, and Forestry University of Nevada 100 Valley Road Reno, NV 89512

Rangesan Narayan, Associate Professor College of Agriculture University of Nevada Reno, NV 89557-0105 I Eldon Chouinard, Agriculture Supervisor University of Nevada Newlands Field Laboratory 2055 Schurz Hwy Fallen, NV 89406

Honorable Joseph Dini I The State Assembly 104 North Mountain View Yerington, NV 89447 1 Honorable Bob Kerns The State Assembly 1955 LaFond Reno, NV 89502

28 I 005760 I Honorable Mike McGinness The State Assembly 770 Wildes Road Fallen, NV 89406

Honorable Virgil Getto The State Senate 1400 Lovelock Highway Fallen, NV 89405

FEDERAL AGENCIES

Department of the Interior

Bill Bettenberg Deputy Assistant Secretary, IA U.S. Department of the Interior 1849 C St. NW, Room 4140 Washington, D.C. 20240

Bill Sinclair IA Self Governance Office 1849 C St. NW, Mail Stop 2253 Washington, D.C. 20240

Patricia Port, Regional Environmental Officer U.S. Department of the Interior 600 Harrison Street; Suite 515 San Francisco, CA 94107-1376

Amy Huslin U.S. Bureau of Indian Affairs P.O. Box 10 Phoenix, AZ 85001

J Lewis Fry, Water Resource Branch Bureau of Indian Affairs P.O. Box 10 I Phoenix, AZ 85001 Ray Hoffman U.S. Geological Survey 1 Water Resources Division Room 224, Federal Building Carson City, NV 89701

Edward J. Solbos, Jr. U.S. Bureau of Reclamation Lahontan Basin Project Office P.O. Box 640 Carson City, NV 89702

005761 Ted Roefs, Fishery Biologist U.S. Bureau of Reclamation 2800 Cottage Way Sacramento, CA 95825

Tom Strekal U.S. Bureau of Indian Affairs 1677 Hot Springs Road Carson City, NV 89706

Robert Hunter U.S. Bureau of Indian Affairs 1677 Hot Springs Road Carson City, NV 89706

Tom Remington Lands Operations Officer Bureau Of Indian Affairs 1677 Hot Springs Road Carson City, NV 89706

Jeff Peterson Chief of Fallen Division U.S. Bureau of Reclamation P.O. Box 1724 Fallen, NV 89406

Ron Anglin, Refuge Manager Stillwater WMA P.O. Box 1236 Fallen, NV 89406-1236

David Harlow Field Office Supervisor U.S. Fish and Wildlife Service 4600 Kietzke Lane, Building C Reno, NV 89502

Billy K. Templeton, State Director U.S. Bureau of Land Management 850 Harvard Way P.O. Box 12000 Reno, NV 89520 f Vienna Wolder U.S. Bureau of Land Management 850 Harvard Way P.O. Box 12000 Reno, NV 89520

Albert J. Hendricks, Superintendant Great Basin National Park Baker, NV 89311

00576S U.S. Department of Agriculture

Bernard M. Jones, Director State Agricultural Experiment Station University of Nevada Reno, NV 89557

William D. Goddard, State Conservationist Soil Conservation Service 1201 Terminal Way; Room 219 Reno, NV 89505

Peggy Hughes, District Conservationist Soil Conservation Service Agricultural Service Center 111 Sheckler Road Fallen, NV 89406

John Inman, Supervisor U.S.Forest Service Humboldt National Forest 976 Mountain City Hwy Elko, NV 89801

R.M (Jim) Nelson, Supervisor I Toiyabe National Forest 1200 Franklin Way Sparks, NV 89431

Jeanni Conlan, County Executive Director Agricultural Stabilization and Conservation Service Agricultural Service Center 111 Sheckler Road Fallen, NV 89406 1 Robert Jackson, Central Area Chair County Extension Service Agricultural Service Center 111 Sheckler Road Fallen, NV 89406

Mike Holmes, District Director Farmers Home Administration Agricultural Service Center 111 Sheckler Road 1 Fallen, NV 89406 I Department of the Navy Captain W.R. Alcorn, Commanding Officer Naval Air Station I Fallen, NV 89406

005763 Environmental Protection Agency I Daniel W. McGovern, Administrator Environmental Protection Agency, Region 9 1235 Mission Street i San Francisco, CA 94103

COUNTIES

Churchill County

Cyril Schank County Commissioner 190 W. First Street Fallen, NV 89406 1

Jim Carter - County Commissioner i 190 W. First Street Fallen, NV 89406

Jim Regan I County Commissioner 190 W. First Street Fallon, NV 89406

Bjorn Selinder Churchill County Manager 190 W. First Street I Fallon, NV 89406 Jennifer Penner I Churchill County Mosquito Abatement District 190 W. First Street Fallon, NV 89406

CITIES

Honorable Bob Erickson, Mayor City of Fallon 55 W. Williams Avenue Fallon, NV 89406 i

Jim Hugus, City Manager City of Fallon I 55 W- Williams Avenue Fallon, NV 89406 i I

005764 TRIBES

Pyramid I>ake Tribe

Bob Pelcyger, Attorney Fredericks, Pelcyger, and Hester 1881 9th St; Suite 216 Boulder, CO 80302

Elwood Lowery Tribal Chairman P.O. Box 256 Nixon, NV 89424

Joseph Ely P.O. Box 256 Nixon, NV 89424

Fallen Paiute Shoshone Tribe

Jim Bentley Tribal Administrator Fallen Paiute Shoshone Tribe 8955 Mission Road Fallen, NV 89406

Steve Chestnut Ziontz, Chestnut, Varnell, Berley, and Slonim 2101 4th Ave, Suite 1230 Seattle, WA 98121

Francis E. DuBois Water Resources Director Fallen Paite Shoshone Tribe 8955 Mission Road Fallen, NV 89406

Merlyn D. Dixon Tribal Chairman Fallen Paite Shoshone Tribe 8955 Mission Rd. Fallen, NV 89406

ORGANIZATIONS

Truckee Carson Irrigation District (TCID)

Ted De Braga, President TCID P.O. Box 1356 Fallen, NV 89406

0057i Lyman F. McConnell, Project Manager TCID P.O. Box 1356 Fallen, NV 89406

Raymond Peterson, Vice President TCID P.O. Box 1356 Fallen, NV 89406

Dave Mately, Director TCID P.O. Box 1356 Fallen, NV 89406

Doane Brush, Director TCID P.O. Box 1356 Fallen, NV 89406

Leslie Johnson, Director TCID i P.O. Box 1356 Fallen, NV 89406

Ygnacio Laca, Director TCID P.O. Box 1356 Fallen, NV 89406 i

Frank Williams, Director TCID P.O. Box 1356 Fallen, NV 89406

Robert Wigington I Western Water Attorney The Nature Conservancy 2060 Broadway, Suite 230 Boulder, CO 80302

Dave Livermore The Nature Conservancy P.O. Box 11486 Salt Lake City, UT 88414

David Yardas Environmental Defense Fund 5655 College, #304 Oakland, CA 94618 f i 34 I 005766 I Nevada Wildlife Federation P.O. Box 71238 Reno, NV 89570

Kenneth Struthers, President Nevada Wildlife Federation 6062 Big Bend Ave. Las Vegas, NV 89115

John Champion Nevada Wildlife Federation 130 Manuel St. Sparks, NV 89431

Paula Del Giudice Nevada Wildlife Federation P.O. Box 2783 Elko, NV 89801

Roger Heath Nevada Wildlife Federation • 221 Stonegate Carson City, NV 89701

Fred Wright Nevada Wildlife Federation 1122 Greenbrae Sparks, NV 89431

John Reed Nevada Assoc. of Conservation Districts Deeth, NV 89823

Joe Sicking Nevada Assoc. of Conservation Districts 9475 Pasture Road Fallen, NV 89406

Donna Withers, President Wildlife Society - Nevada Chapter 2205 Blue Heron Circle 1 Reno, NV 89523 Connie Douglas Audubon Society I 1950 18th Street Sparks, NV 89431

Bob Goodman 1 Audubon Society 7900 N Virginia; #193 Reno, NV 89506

005767 Hugh Judd Nevada Waterfowl Association 2325 Jessie Sparks, NV 89431

Larry Hicks Canvasback Gun Club 241 Ridge; #440 Reno, NV 89501

Bernard Lund Canvasback Gun Club 335 Queen Way Sparks, NV 89431

Richard Spotts Defenders of Wildlife 5604 Rosedale Way Sacramento, CA 95882 i Janet Jackson Desert Research Institute P.O. Box 60220 Reno, NV 89504 Fran Breen I Ducks Unlimited • 241 Ridge Street Reno, NV 89501

John Ludwig Ducks Unlimited 1595 Watt Street Reno, NV 89509

Paul Richards Ducks Unlimited 248 Sierra Street Reno, NV 89502

Elmer Rusco Friends of Pyramid Lake 3665 Porno Drive Reno, NV 89503

Sue White Friends of Pyramid Lake P.O. Box 804 Reno, NV 89504

George Lott Greenhead Club 80 N. Allen Street Fallen, NV 89406 36 I 005768 Tina Nappe Lahontan Valley Wetland Coalition 3340 Berthoud Reno, NV 89503

Lahontan Valley Wetlands Coalition P.O. Box 50706 Reno, NV 89513

Huey Johnson New Renaissance Center Ft. Cronkite B 1055 Sausalito, CA 94965

Glenn Clemmer Nevada National Heritage 200 South Fall Street Carson City, NV 89710

Jim Finley Nevada Organization for Wildlife 101 Bartlett Reno, NV 89512

John Rogers Nevada Waterfowl Association 4320 Slide Mountain Reno, NV 89511

Ken Taber Nevada Waterfowl Association 3460 Yosemite Place Reno, NV 89503

Susan Lynn Public Resource Associates 1755 E. Plumb; #77170 Reno, NV 89502

David Hornbeck Sierra Club-Toiyabe Chapter 1675 Lakeside Reno, NV 89509

Anne Macguarie Sierra Club-Toiyabe Chapter 700 Wagner Dr. Carson City, NV 89703

Rose Strickland Toiyabe Chapter/Sierra Club 619 Robinson Reno, NV 89503

I Bob Firth, Water Resource Manager Sierra Pacific Power Company P.O. Box 10100 Reno, NV 89520

OTHER INTERESTED PERSONS

Philip A. Meyer, Economist Meyer Resources, Inc. P.O. Box 1152 Davis, CA 95617

Sig Rogich Assistant to President Bush White House Washington, DC 20500

Richard Allegre 5300 Stillwater Road Fallen, NV 89406

Norman Allen P.O. Box 441 Fallen, NV 89406

Ed Brush P.O. Box 178 Fernley, NV 89408

Will Carver 4355 St. Clair Road Fallen, NV 89406

Jo Ann Gorki11 2380 Drumm Lane Fallen, NV 89406

William Corkill 425 East Corkill Road Fallen, NV 89406

Nancy Dahl 1105 Yeoman Lane I Fallen, NV 89406

Teletha Downs 560 A. Bailey Fallen, NV 89406

George Frey I 9777 Pioneer Way Fallen, NV 89406

005770 Les Gray 3540 Wedekind Road Sparks, NV 89431

Marty Harris Carson River Ranch 3045 Attridge Place Reno, NV 89503

Mike Hay P.O. Box 2259; Suite 227 Minden, NV 89423 1 Wayne Holcomb' Box 418 Fallen, NV 89406

I Jim Johnson P.O. Box 254 Fernley, NV 89408

Lyle Johnson 2305 Sorensen Road Fallen, NV 89406.

Robert Johnston 4055 Schurz Hwy Fallen, NV 89406

Bruce Kent 12425 Stillwater Road Fallen, NV 89406

Gerald P. Kurth 443 South Graham Street Pittsburgh, PA. 15232

Michael F. Mackedon 1900 Manchester Circle Fallen, NV 89406

Roy Morrow 1555 Manchester Circle I Fallen, NV 89406 Ellison Mose 1956 Graham Lane Fallen, NV 89406

Wilbert Smith 4975 Sheckler Road Fallen, NV 89406

005771 Richard Weishaupt 3575 Portugese Road Fallen, NV 89406

Tim Wheeler 6175 Reno Hwy Fallen, NV 89406

Tom Wiley 12830 Carson Hwy Fallen, NV 89406 I

NEWS MEDIA

Daily Newspapers

Carson City Nevada Appeal P.O. Box 2288 Carson City, NV 89702 I Lahontan Valley News-Eagle P.O. Box 1297 Fallen, NV 89406 I Reno Gazette-Journal Box 22000 Reno, NV 89520

Sparks Tribune P.O. Box 887 Sparks, NV 89431

Weekly Newspapers

The Record-Courier I P.O. Box 158 Gardnerville, NV 89410

Mineral Co. Independent I P.O. Box 1270 Hawthorne, NV 89415

Lovelock Reviewer-Miner P.O. Box 620 Lovelock, NV 89419

Virginia City Chronicle P.O. Box 436 Virginia City, NV 89440

005772 Lyon Co. Leader-Courier P.O. Box 841 Yerington, NV 89447

Television Stations

KENV TV P.O. BOX 7160 I RENO, NV 89510

KOLO TV P.O. BOX 10000 RENO, NV 89510

KTVN TV 1 P.O. BOX 7220 RENO, NV 89510 I KAME TV P.O. BOX 11129 RENO, NV 89510

KNPB TV P.O. BOX 14730 RENO, NV 89507

Radio Stations

KBUL RADIO 90 W. GROVE, SUITE 500 RENO, NV 89509

KPTL RADIO 1960 IDAHO ST. CARSON CITY, NV 89701

KVLV RADIO 1155 GUMMOW DR. FALLON, NV 89406

KRNO RADIO P.O. BOX 10630 RENO, NV 89510

LIBRARIES

Ormsby Public Library 900 N. Roop Carson City, NV 89701

Churchill County Public Library 553 S. Main Street Fallen, NV 89406

005773 Washoe County Public Library Reno Central Branch 301 S. Center Reno, NV 89501

Washoe County Public -Library Sparks Branch 1125 12th Street Sparks, NV 89503

005774 REFERENCES

Csuti, B., 1988. Stillwater Megasite, Biological Assessment. 16 pp.

Ingersoll, C.G., F.J. Dwyer, M.K. Nelson, S.A. Burch,.and D.R. Buckler, 1988. Whole Effluent Toxicity of Agricultural Irrigation Drain Water entering Stillwater National Wildlife Refuge, NV: Acute Toxicity Studies with Fish and Aquatic Invertebrates. 16 pp.

Livermore, D., 1988. Stillwater Megasite, Political Issues and Protection Strategies. 17 pp.

Meyer, P., 1991. Socio-economic Effects of Acquisition of Water Rights for the Stillwater Wildlife Management Area, Nevada. 61 pp.

U.S. Bureau of Reclamation, 1987. Newlands Project Proposed Operating Criteria and Procedures. 438 pp. plus appendices, April 1988 Record of Decision, and wetland analysis.

U.S. Fish and Wildlife Service, 1989. Proposed Acquisition of Water Rights for Stillwater Wildlife Management Area, Churchill County, Nevada. 19 pp. plus appendices and Finding Of No Significant Impact.

U.S. Fish and Wildlife Service, 1990. Proposed Acquisition of Water Rights for Stillwater Wildlife Management Area, Churchill County, Nevada. 14 pp. plus Finding Of No Significant Impact.

U.S. Fish and Wildlife Service, 1987. Refuge Management Plan, Stillwater Wildlife Management Area, Fallen, Nevada. 12 pp.

U.S. Fish and Wildlife Service, 1982. Refuge Manual, Chapter 2.

U.S. Fish and Wildlife Service, 1986. North American Waterfowl Management Plan. Washington, D.C. 31 pp.

U.S. Fish and Wildlife Service, 1988. National Wetlands Priority Conservation Plan. Washington, D.C. 46 pp. plus appendices.

Wigington, R. Esq., 1988. Preliminary Legal Review of Transferring 1 Newlands Project Water Rights. 19 pp. \

43 I 005775 APPENDIX A

STATE OF NEVADA DEPARTMENT OF WILDLIFE 1100 Valley Road H P.O. Box 10678 Reno, Nevada 89520-0022 WILLIAM A. MOL BOB MltLER (702) 7S9-0500 ' Dir&c'.or Ac:mg Governor

July 3, 1991

Mr. Marvin L. Plenert Regional Director U.S. Fish & Wildlife Service Easts ide -Federal Complex 911 N.E. llth Avenue Portland, OR '97232-4181 Dear Marv: isa letter of agreement is to satisfy the requirement of PL

ac water and water rights * & .^ to benefit Lahontan Valley statutory authorization for ^protectiv ^ êsed for water and water rign.s wetland; however,, final m measures to benefit Lahon.an lley ^ issuance of legislative approval has nou yet^ te_n million of bonds and expenditure of the fôs. I a . later rhe 9 million will ^ceive final 1-gis ^ Juion will than early August, 1991 and conffdent of that at bondinuthor ity is thi^L°I?d Se^cern'withe m that the state statute jakes agreement (s) specified in PL transfer of Carson that once we have reached an that ve can get the final m Lake and Pasture to the Staê ,-«-'.,-rt approval for the 4 million collars in bonas to be issued.

On the basis of the

maiSenSancrandeenSancent of the Carson Lalca wetlands.

005776 A-l APPENDIX A

Mr. Marvin L. Plenert Page 2

We are in agreement with the terms and_ conditions for acquiring, water described in Section II of this Environmental Assessment dated (6/91). However, we recognize that these criteria may be superseded with the promulgation of the environmental study mandated by Section 206(a)(4) of PL 101-618, which is to be completed by November 16, 1993. This study will be completed in full cooperation with the U.S. Fish and Wildlife Service, and we expect to endorse any modifications to the terms and conditions that may be reflected in this study. We appreciate your continuing cooperation in this most important endeavor to secure permanent water for these tremendously valuable wetlands. Sincerely,

William A. Holini Director' WAM:mp cc: Game Division Region I Pete Morros

I 005777 A-2 I

APPENDIX B

Socio-Economic Report

Executive Summary

This report provides a socio-economic impact assessment of four water rights acquisition scenarios by which the U.S. Fish and Wildlife Service might obtain up to 20,000 acre-feet of water rights for Stillwater National Wildlife Refuge by purchase from agriculture.(primarily alfalfa growers) I in Churchill County, Nevada. The report assumes generally representative conditions for acquisition and transfer of water, and is consistent with the Alpine Decree. The four acquisition scenarios upon which impacts are 1 calculated are: Scenario A: Purchase of 20,000 acre-feet of water rights with associated land from bottomland.

Scenario B: Purchase of 17,500 acre-feet of water rights from bottomland and 2,500 acre-feet from bench land 1 including related land. Scenario C: Purchase of 15,000 acre-feet of water 1 rights from bottomland, and 5,000 acre-feet from bench land including related land.

Scenario D: Same as Scenario B, but 5,000 acre-feet of water rights are purchased without associated land. 'f Impacts from payments to sellers of water rights, from withdrawal of agricultural lands from crop production and from restoration of hunting and fishing opportunities in the area are assessed. Assessment considers impacts upon agriculture businesses, businesses and values in the recreational sector, and the Churchill County tax base.

1. Impacts on Agriculture The agricultural sector will receive positive impacts as the U.S. Fish and Wildlife Service pays farmers between $8.1 million and $8.6 million for their water rights. Negative impacts will occur as agricultural land is taken out of production. After the acquisition program is complete, estimated in 1994, the residual impact on the agricultural sector will be an estimated annual reduction in income of between $770,000 and $818,000, depending on the scenario considered. Churchill County employment effects associated with changes in the agricultural sector will initially be favorable, as water rights purchases generate up to 89 person years of work over the 4-year purchase period. As cropland goes out of production, however, between 84 and 89 annual jobs will eventually be lost due to decreased activity in the agricultural sector.

B-l 005778 2. Impacts on the Recreation Sector When the wetlands restoration program is complete in 1994, direct net income to businesses servicing hunters and fishermen is expected to increase by between $213,000 and $238,000 per year, depending on the scenario considered. i Associated employment in Churchill County is estimated to increase by between 18 and 20 jobs due to increased spending in the recreation sector. Additionally, net benefits received by hunters and fishermen but not captured in private 'market transactions, are estimated to increase by between $180,000 and $202,000, expressed in annual terms.. l 3.- Impacts on Churchill County's Tax Base Because most of the agricultural land in Churchill County is assessed at agricultural rates, and because the U.S. Fish and Wildlife Service will make direct revenue payments to the County with respect to land purchased, tax revenues to Churchill County are estimated to increase by between $39,000 and $41,000 per year after completion of the water rights acquisition program. This may vary depending on mix of water and land acquired.

4. Net Economic Effect of the Water Rights Acquisition Program Benefits from water rights purchases and from increased hunting and fishing, and costs from reduced agricultural crop production occur over differing time periods, and in differing amounts. Projecting these benefits and costs over a 50-year period, and discounting at 8.875 percent, the current rate used l by the U.S. Bureau of Reclamation, we conclude that market benefits exceed costs for the 20,000 acre-foot water rights acquisition project by approximately l $1 million, expressed in 1989 dollars. The associated project ration of benefits to costs is 1.2 to 1. If nonmarketed benefits to hunters and fishermen are included, i project benefits exceed costs by approximately $3 million, and the associated ratio of benefits to costs is 2.0 to 1. l I

I I I

B-2 00577.9 1 TAKE United States Department of the Interior

GEOLOGICAL SURVEY WATER RESOURCES DIVISION Room 224, Federal Building 705 North Plaza Street Carson City, Nevada S9701 FOR MORE INFORMATION PLEASE DO NOT RELEASE CONTACT: T.G. Rowe BEFORE: October 30, 1991 Phone: (702) 887-7600, ext 7627

WETLANDS RELEASED

A new report by the U.S. Department of the Interior supports earlier evidence of severaJ potentially toxic contaminants at concentrations that could pose a threat to human health, fish, and wildlife in Sullwatcr, Fernlcy, and Humboldt Wildlife Management Areas and Carson Lake. A reconnaissance investigation of the area, made in 1986-87, indicated the need for a more detailed study. This new report is the first product of the detailed investigation and lists data for 1987-89. It has been released by the U.S. Geological Survey, and includes data collected by scientists of the USGS and the U.S. Fish and Wildlife Service, in cooperation with the U.S. Bureau

of Reclamation. According to Timothy G. Rowe, a U.S. Geological Survey hydrologist and senior author of the report, samples of water, sediment, and biota in areas affected by irrigation drainage contain concentrations of several trace constituents, including arsenic, boron, mercury, and selenium, that exceeded Federal and State criteria for the protection of human health, fish, and wildlife. Concentrations of un-ionized ammonia and dissolved solids also exceeded criteria for aquatic life. I The 199-pane report, titled "Physical, Chemical, and Biological Data for Detailed Study of Irrigation Drainage in and near Stillwaicr, Fcmlcy, and .Humboldt Wildlife Management Areas and Carson Lake, West-Central Nevada, 19S7-S9," is authored by Timothy G. Rowe, Michael S. Lico, Robert J. Hallock, Ann S Macst and Ray J. Hoffman (Hallock is with the U.S. Fish and Wildlife Service; the other authors arc I with the USGS) The'publJcation is released as Geological Survey Open-File Report 91-185. It is available for inspection in Reno at the U.S. Fish and Wildlife Sen-ice office (4600 Kietzke Lane), in Carson City at the U.S. Geological Survey office (705 N. Plaza Street, Room 224), in Fallpn at the Churchill County Library, in Fcmlcy at ihe Lyon County Library, in Lovelock at the Pershing County Library', and in Reno at the Washoc County Library/ The report also may be inspected at the USGS libraries in Menlo Park, Calif., Denver, Colo., and Rcston, Va., and at the USGS Public Inquiries Offices in Mcnlo Park and San Francisco, Calif., and Salt \T 4Lak FROe City, UtahM . FEDERAL STUDY OF WESTERN NEVADA. The report may be purchased from the U.S. Geological Survey, Books and Open-File Reports Section, Federal Center, Buildinc 810, Box 25425, Denver, CO 80225. Prices are S30.75 per paper copy and S4.00 per microfiche. Requests should specify "Open-File Report 91-185" and include a check or money order payable to "Department of the Inicrior-USGS."

* * * USGS

(Editors: Review copies of the report are available to the news media from the USGS Public Information Assistant in Carson City; call 887-7600, exu 7649) n n R 7 P n C-l \J\J-J- i U U