Laserfiche WebLink
<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />t <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />000345 <br /> <br />Response: The programmatic environmental assessment (PEA) was prepared to identify <br />and clarifY issues, describe the level of environmental impacts associated with implementation of <br />the proposed rule, and to detennine whether to prepare a Finding of No Significant Impact <br />(FONSI) or to prepare an Environmental Impact Statement (EIS). Compliance for each Storage <br />and Interstate Release Agreement will reference and tier off from the PEA for this final rule, <br />Based on the analysis in the PEA, consultation and coordination with the Fish and Wildlife <br />Service, and public input and comments, the Department has concluded that implementation of <br />the proposed rule will not have a significant effect on the human environment. As a result a <br />FONSI has been prepared to complete NEP A compliance for the rule. <br /> <br />As explained previously, this final rule develops a framework that the Secretary will utilize <br />in reviewing and evaluating whether to execute a specific transaction for offstream storage of <br />Colorado River water pursuant to a Storage and Interstate Release Agreement. This final rule <br />does not increase nor abrogate the existing authority of the Secretary. When the,storing and <br />consuming entities enter into negotiations with the Secretary for the development of a Storage <br />and Interstate Release Agreement, the Secretary will have the specific details needed to detennine <br />the potential impacts of the proposed action and can then detennine the appropriate level of <br />NEP A compliance required for that action. <br /> <br />In addition, the Department believes the preparation of an EIS on the entire operation of <br />the Colorado River is not required. Movement of water will be through existing facilities on the <br />Colorado River and is within the current and projected routine operations of the lower Colorado <br />River. Thus, it is not necessary to complete a comprehensive EIS on river operations. <br /> <br />Comment: Implementation of the rule may potentially impact fish and wildlife resources <br />along the Colorado River downstream from Lake Mead. <br /> <br />Response: The DPEA evaluated the potential impact to fish and wildlife resources for a <br />proposed scenario in which 1.2 mafwould be stored in Arizona under a Storage and Interstate <br />Release Agreement to allow an authorized entity in Nevada to meet its future water needs. The <br />effects of placing Colorado River water in offstream storage were evaluated at two incremental <br />storage rates, 100 kaf7year and 200 kaf/year with future development ofICUA and the associated <br />release of water from Lake Mead limited to a maximum of 100 kaf; in accordance with Arizona <br />law, in any year. <br /> <br />No significant impacts were identified on fish and wildlife resources as a result of this <br />analysis. Consultation with the Fish and Wildlife Service concluded that fluctuations in water <br />surface elevations associated' with the most likely case storage and retrieval scenarios are not <br />likely to adversely affect listed species or their designated critical habitat. <br /> <br />Economic Imoacts of the Rule <br /> <br />Comment: The Initial Regulatory Flexibility Analysis states that the future cost burden of <br /> <br />13 <br />