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 This document will be superseded by an Environmental Impact statement (EIS) relating to directives in public Law 101-618 and FY94 and beyond funding.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