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aitnuallY for operation of the refuge. The water supply was to be provided ,~ through exchange of surface runoff. However, since the project was first devel- oped, surface water inflows to the Mishak NWR area have been reduced to as little as 500 acre-feet per year through more efficient upstream use. Since additional data gathered and analyzed has indicated that less mitigation is required than originally proposed, a revised mitigation plan was developed. Since surface water inflows have decreased, deliveries of water to sustain Mishak NWR would need to be supplied by pumping ground water. These pumped waters cannot be replaced; and through the establishment of Mishak NWR, the total amount of water delivered to the Rio Grande would be decreased. The revised mitigation plan provides for Russell Lakes Waterfowl Management Area (WMA) as a replacement for th~ authorized Mishak NWR. Russell Lakes WMA will contain about 4,600 acres of land, of which about 3,100 acres are in pri- vate ownership. The 13,800-acre Mishak NWR would have required private owner- ships of more than 10,000 acres. Alamosa NWR will annually receive 4,500 acre-feet of salvaged water and 800 acre- feet from transferred water rights, a total of 5,300 acre-feet. Blanca WHA will annually receive 800 acre-feet of salvaged water and 307 acre-feet from trans- ferred water rights, a total of 1,107 acre-feet. The totsl amount of water for mitigation is 5,300 acre-feet of salvaged water and 1,107 acre-feet from trans- ferred water rights. This supplement will serve for both administrative and legislative actions. The Bureau is seeking an amendment to the Closed Basin Division authorizing act to permit substitution of the proposed Russell Lakes WMA for the Mishak NWR and for other purposes. I This supplement also addresses other project changes which have resulted since filing of the FES. 1 D. Legislative and regulatory compliance This supplement is in compliance with section 102(2)(C) of the National Environmental Policy Act of 1969 and Council on Environmental Quality Regulations dated November 29, 1978. I Public Law 92-514 (section 102), as amended by Public Law 96-375, which autho- rized the project, states that the project will be operated in a manner that will not cause the water table outside the project boundary to drop more than 2 feet. Also, this act establishes a three-member operating committee to assure that the requirements of section 102 of this act are complied with. An opinion (appendix F) from the Office of the Solicitor regarding the intent of section 104 of the act states that "In any year, 60,000 acre-feet goes to credit the treaty obligation. After this is satisfied, the refuges may receive their deliveries authorized by statute, and then water may be used to eliminate the deficit and for other beneficial purposes . . . ." He further states, " . . . neither the 1972 act nor its legislative history authorizes a system of propor- tionate sharing among the listed priorities in section 104(b)." Public Law 96-375 amended Public Law 92-514 by updating April 1972 prices ($18,246,000) to October 1979 prices ($57,139,000). I I 1 I I b r ': ~ h" ""'>, G,... I I