Storage of Non-Project Water in Jordanelle Reservoir Final Environmental Assessment
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Storage of Non-Project Water in Jordanelle Reservoir Final Environmental Assessment PREPARED BY: U.S. Department of the Interior Central Utah Water Central Utah Project Completion Conservancy District Act Office March 2017 FINDING OF NO SIGNIFICANT IMPACT Storage of Non‐Project Water in Jordanelle Reservoir In accordance with Section 102(2)(c) of the National Environmental Policy Act (NEPA), as amended, the Council of Environmental Quality’s (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR Parts 1500‐1508), and the U.S. Department of the Interior regulations for implementation of NEPA (43 CFR Part 46), the U.S. Department of the Interior, Central Utah Project Completion Act Office (CUPCA Office) and the Central Utah Water Conservancy District (CUWCD), as Joint Lead Agencies, find that the Proposed Action analyzed in the Final Environmental Assessment (Final EA) for this project would not significantly affect the quality of the natural or human environment. Therefore, an Environmental Impact Statement is not required for the proposed Storage of Non‐Project Water in Jordanelle Reservoir. Proposed Action The Proposed Action would allow for specific non‐project water to be stored in Jordanelle Reservoir on a space available basis in accordance with the established and in place storage tier levels: Tier 1 – Provo City 10,000 AF allotment Tier 2 – Upper Lakes Contract Water Tier 3 – CUP Project Water Tier 4 – Wasatch County Water Efficiency Project Conserved Water Tier 5 – Upper Lakes Holdover (up to one full year's water right) Tier 6 – Jordanelle Wetlands Water Tier 7 – Warren Act Contracts (Proposed Action) Non‐project water is a water supply that has not been acquired by the U.S. Department of the Interior to be used for the Central Utah Project (CUP) or other federal water development projects. This definition includes but is not limited to water rights held or acquired1 in the future by the CUWCD and Provo River Water Users Company (PRWUC), or other entities providing that NEPA documentation is completed and contracts have been executed (see discussion on Other Non‐Project Waters in Section 2.2 of the Final EA). CUWCD and PRWUC have specifically identified 11,700 AF of non‐project water from three different sources that could be stored in Jordanelle Reservoir pending approval of the Warren Act contracts and other state water right requirements. These are shown in table below: Non‐Project Water Proposed to be Stored in Jordanelle Reservoir Per Year Water Name CUWCD PRWUC Comments (acre feet) (acre feet) 2,120 CUWCD currently owns 2,120 AF Ontario Drain Tunnel ‐ 2,880 CUWCD does not currently own this water 2,000 ‐ CUWCD does not currently own this water Upper Lakes Holdover ‐ 4,200 PRWUC currently owns 4,200 AF 1 These waters could be leased, purchased, or obtained without interfering with the CUP. FONSI 1 Storage of Non‐Project Water in Jordanelle Reservoir Finding of No Significant Impact March 2017 Non‐Project Water Proposed to be Stored in Jordanelle Reservoir Per Year Water Name CUWCD PRWUC Comments (acre feet) (acre feet) Daniel Replacement 500 ‐ CUWCD does not currently own this water TOTAL 11,700 AF All non‐project water listed in the table above would need to be covered under a Warren Act contract with the United States Department of the Interior. Currently, CUWCD has obtained approximately 2,120 AF per year of the Ontario Drain Tunnel Water. In addition, PRWUC has acquired 4,200 AF of the Upper Lakes Holdover water. The other non‐project water listed in the table above – 2,880 AF of Ontario Drain Tunnel, 2,000 AF of Upper Lakes Holdover, and the 500 AF of Daniel Replacement – have not been acquired by the CUWCD. However, the Final EA and NEPA process evaluates the potential for these waters to be stored in Jordanelle Reservoir pending the approval of appropriate Warren Act contracts. Currently, these non‐project waters either pass through Jordanelle Reservoir without being stored or are stored in the reservoir under a water rights replacement contract. These waters are already being transported in the Provo River system. If the Proposed Action was implemented, these waters would be released as part of the normal operation of the Jordanelle Reservoir and within established flow rates of the Provo River. There would be no change to the overall Provo River flow rates by storing these non‐project waters in Jordanelle Reservoir (see discussion in Section 3.3 – Provo River Hydrology in the Final EA). It is proposed that these non‐project waters could be stored in Jordanelle Reservoir for multiple years on a space available basis. The timing of the releases of the stored water would vary based on the amount of moisture received in the Provo River basin, maintenance situations, and water user demand. Findings The Proposed Action does not violate Federal, state, or local laws or requirements imposed for protection of the environment. The CUPCA Office and CUWCD have analyzed the environmental effects, public comments, and the alternatives in detail and find that the Proposed Action meets the purpose and need described in the Final EA with no significant impacts to the human environment. Indian Trust Assets The CUPCA Office sent letters requesting consultation on potential properties of religious or cultural importance to the Paiute Indian Tribe, the Ute Tribe, the Skull Valley Band of Goshute Indians, the Northwestern Band of Shoshoni Nation of Utah, the Shoshone‐Bannock Tribes of the Fort Hall Reservation of Idaho, the Southern Paiute Agency Bureau of Indian Affairs, the Uintah and Ouray Agency Bureau of Indian Affairs, and the Fort Hall Agency Bureau of Indian Affairs. No tribal representatives responded to the invitations and no Indian Trust Assets (ITAs) were identified. There are no impacts to ITAs resulting from the Proposed Action. Decision The Joint Lead Agencies have decided to implement the Proposed Action as described in the Final EA. FONSI 2 Storage of Non‐Project Water in Jordanelle Reservoir Finding of No Significant Impact March 2017 Environmental Commitments The Proposed Action would have no effect on the environment. It would not require any construction or ground disturbing activities. As discussed in the Final EA, the volume and timing of water released to the Provo River from Jordanelle Reservoir would be minor and within the historical flow rates. The Proposed Action Alternative would not result in any change in function of the existing reservoir and aquatic or riverine habitat along the Provo River. Therefore, no environmental commitments are needed for the Proposed Action. Review of Public Comments and Revisions to the Final EA To announce the review and comment period for the Draft EA (January 2017), an ad was placed in the statewide newspapers (Deseret News and Salt Lake Tribune) on two consecutive Sundays (January 8th and 15th), and an ad was placed in the Wasatch Wave newspaper on Wednesday January 11th. A letter announcing the review and comment period was sent to agencies and other interested parties. The Draft EA (January 2017) was available for review beginning January 6, 2017, and comments were due by February 10, 2017. The Draft EA was posted on the project website at warrenact.cuwcd.com. A comment form was also available via the project website. A total of four agencies or groups submitted comments during the public review of the Draft EA: Davis and Weber Canal Company PacifiCorp Trout Unlimited Weber Basin Water Conservancy District All public comments received on the Draft EA during the public comment period were carefully considered and reviewed together with the information contained in the Final EA in determining whether to issue a FONSI. A copy of each comment received, responses to those comments, and references to any related revisions is found in Appendix B of the Final EA. Table B‐1 provides a summary of each comment with the Joint Lead Agency response. A subsection under Section 4.2 titled “The Draft EA dated January 2017 supersedes the EA dated April 2016” was added to the Final EA to clarify that the Proposed Action had been modified to remove the Provo River Project waters which were originally part of the proposed project. The Final EA containing the specified revisions will be posted on the internet at www.cupcao.gov and warrenact.cuwcd.com. Copies of the Final EA and FONSI are available on request by contacting: Chris Elison Project Manager – Water Rights Telephone: (801) 226‐7166 Email: [email protected] FONSI 3 Storage of Non‐Project Water in Jordanelle Reservoir Finding of No Significant Impact March 2017 Storage of Non-Project Water in Jordanelle Reservoir Final Environmental Assessment March 2017 Joint Lead Agencies U.S. Department of the Interior, Central Utah Project Completion Act Office Central Utah Water Conservancy District Cooperating Agencies Utah Reclamation Mitigation and Conservation Commission U.S. Bureau of Reclamation Provo Reservoir Water Users Company Jordan Valley Water Conservancy District Responsible Officials Reed R. Murray U.S. Department of the Interior, CUPCA Office 302 East 1860 South Provo, Utah 84606‐7317 Sarah Sutherland Central Utah Water Conservancy District 355 West University Parkway Orem, Utah 84058‐7303 For information, contact: Chris Elison Central Utah Water Conservancy District 355 West University Parkway Orem, Utah 84058‐7303 (801) 226‐7166 [email protected] TABLE OF CONTENTS List of Figures and Tables ...................................................................................................................