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<br />OO?'"''' <br />... '1 ( ;.1 <br /> <br />. <br /> <br />. <br /> <br />., <br /> <br />Disti'ict ,hail not be held liable for effects to the Salton Sea or bordering areas related to <br />implementation of water conservation measures related to the QSA <br /> <br />Yuma Island Issues <br /> <br />At the August Board meeting, I reported that the CRB, Arizona State Land Department <br />(ASLD), and a lessee of the ASLD submitted comments to the Independent Panel by the August 5th <br />deadline and that the Quechan Indian Tribe requested a one-month extension of the comment <br />deadline. Comments have not been received from the Tribe, but it is my understanding that the <br />Tribe plans to submit comments. After the August Board meeting, I became aware that the Bard <br />Water District (BWD) had submitted comments to the Panel. A copy of the BWD's comments is <br />included in the Board folder. BWD has requested that the Independent Panel recommend that the <br />Secretary of the Interior allocate water to the Yuma Island from California's second priority <br />apportionment of Colorado River water. The BWD's comments do not raise any new issues, <br />however, a conference call is scheduled for the Technical Committee on September 16th to discuss <br />whether to respond to BWD's comments and the comments, if they are received, from the Quechan <br />Indian Tribe by the September 20th deadline. Also, during the same conference call the Technical <br />Committee will discuss the Board's presentation to the Independent Panel at the informal hearing <br />being held on of October lOth in Yuma, Arizona. <br /> <br />Center For Biological Diversity, et al. vs. Gale Norton, et al. <br /> <br />On September 4,2002, the Center for Biological Diversity, Sierra Club, and Cabazon,Band <br />of Mission Indians filed a lawsuit in the United States District Court for the Central District of <br />California. The complaint alleges that the Secretary of the Interior and Reclamation have not <br />fulfilled the congressional mandate contained within the 1998 Salton Sea Reclamation Act (P.L. <br />105-372). The complaint alleges that the Secretary and Reclamation should have finalized the <br />feasibility assessment of options associated with reducing and controlling the salinity of the Sea, <br />providing endangered species habitat, enhancing fisheries, and protecting the human recreational <br />values of the Salton Sea. The Salton Sea Reclamation Act (SSRA) required the Secretary to <br />complete the studies ofthe identified management options and present them to Congress by January <br />I, 2000. Reclamation released a draft Environmental Impact Statement (EIS) and Environmental <br />Impact Report (EIR), pursuant to NEP A and CEQA, in January 2000. However, a final EIS/EIR and <br />Record of Decision (ROD) has not yet been released. <br /> <br />In the complaint, the plaintiffs are asking the Court to I) require the Secretary of the Interior <br />to prepare a final EIS/EIR and Record of Decision pursuant to the 1998 SSRA; 2) order that the final <br />report and ROD be submitted to Congress for their review and evaluation; and 3) to enjoin <br />Reclamation from approving or authorizing any water transfers which are incompatible with Salton <br />Sea restoration until such time as all of the reviews and reports are completed and submitted to <br />Congress. <br /> <br />The case has been assigned to Judge Robert Timmons in the U.S. District Court in Riverside, <br />California. A schedule for the case has not yet been determined. <br /> <br />7 <br />