Utah Reclamation Mitigation and Conservation Commission – Federal Register Recent Federal Regulation Documents

The Department of the Interior and the Utah Reclamation Mitigation and Conservation Commission have prepared separate Records of Decision (RODs) that disclose their selection of Alternative B for implementing the restoration of the Provo River Delta as described in the Provo River Delta Restoration Project (PRDRP) Final Environmental Impact Statement (FEIS). Both agencies have also selected to implement Option 2 for the improvement of the existing Provo River Channel. The size of Alternative B may be increased by acquiring additional land described under Alternative A. However, such additional land acquisition will only be accomplished if the additional land can be acquired on a willing-seller basis. Therefore, a potentially enlarged Alternative B (the Preferred Alternative) and Option 2 are adopted as the Selected Action. The implementation of Alternative B as potentially modified and Option 2 will significantly aid in meeting recovery actions within the approved June Sucker Recovery Plan of 1999.

The Department of the Interior, Utah Reclamation Mitigation and Conservation Commission, and the Central Utah Water Conservancy District, as Joint Lead Agencies, have prepared and made available to the public a Draft Environmental Impact Statement (DEIS) that discloses the effects of the Provo River Delta Restoration Project (Project) which is a recovery action within the approved June Sucker Recovery Plan of 1999.

The Utah Reclamation Mitigation and Conservation Commission (Commission) hereby provides notice that on February 17, 2010, the Commission's Executive Director granted a limited waiver of Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act), Public Law 111-5, 123 Stat. 115, 303 (2009) with respect to certain water quality treatment and monitoring equipment that will be used in a project funded under the Recovery Act (Pub. L. 111-5) and implemented through the Central Utah Project Completion Act Program (CUPCA).

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), as amended, Interior and the Mitigation Commission (Joint Lead Agencies), have issued a Final Environmental Impact Statement (FEIS) for the Lower Duchesne River Wetlands Mitigation Project in Duchesne and Uintah Counties, Utah. The FEIS addresses potential impacts related to construction and operation of features proposed for the project and incorporates responses to public comments received on the Draft EIS. The FEIS is intended to satisfy disclosure requirements of NEPA and will serve as the NEPA compliance document for contracts, agreements and permits that would be required for construction and operation of the project.

The Utah Reclamation Mitigation and Conservation Commission (Mitigation Commission) and the Ute Tribe have prepared an Environmental Assessment (EA) to determine the effects of construction of a Ute Tribe Fish Hatchery to be located at Big Springs and Youth Camp in Duchesne County, Utah. After considering public comments and analyzing environmental effects, the proposed action was selected, which provides for the construction, operation and maintenance of the Ute Tribe Hatchery. The Proposed Action consists of: developing the water supply and internal water delivery systems, hatchery building, fish rearing units, staff housing and power supply. The facility is located on approximately 4 acres on the Uintah and Ouray Indian Reservation. Construction of the Ute Tribe Fish Hatchery will allow the Tribe to meet its fishery long-term stocking needs and management objectives for providing cold-water sport fishing opportunities and Colorado River cutthroat trout conservation. Under the Proposed Action, annual production of the facility will be approximately 16,000 pounds, at a total estimated cost of $3 million. Based on information contained in the EA and supporting documentation, a Finding of No Significant Impact was made on the Proposed Action, as it would not significantly affect the quality of human environment, within the meaning of the National Environment Policy Act. In addition, specific issues would be addressed as follows: facility design will be coordinated with Tribal Elders to avoid impacts to the culturally important site at Big Springs; water quality issues will be addressed through compliance with a pertinent discharge permit; a wetland mitigation plan will be coordinated with the U.S. Army Corps of Engineers for estimated wetland impacts; and appropriate measures will be designed to avoid adverse impacts to raptors will be implemented.

On January 27, 2005, Jody L. Williams, Chairman of the Utah Reclamation Mitigation and Conservation Commission (Mitigation Commission) signed the Record of Decision (ROD) which documents selection of the Proposed Action as presented in the 2004 Utah Lake Drainage Basin Water Delivery System Final Environmental Impact Statement (INT FES 04-41) (2004 ULS FEIS) filed with the U.S. Environmental Protection Agency on September 30, 2004. The Mitigation Commission, Central Utah Water Conservancy District and Department of the Interior served as joint lead agencies in preparing the 2004 ULS FEIS. The Proposed Action, called the Spanish Fork Canyon-Provo Reservoir Canal Alternative, one other action alternative called the Bonneville Unit Water Alternative, and a No Action alternative are described and evaluated in the 2004 ULS FEIS, upon which the ROD is based. The Spanish Fork Canyon-Provo Reservoir Canal Pipeline Alternative will deliver an average annual transbasin diversion of 101,900 acre- feet from the Colorado River Basin to the Bonneville Basin, which consists of a delivery of: 30,000 acre-feet of Municipal and Industrial (M&I) water for secondary use to southern Utah County and 30,000 acre- feet of M&I water to Salt Lake County water treatment plants; 1,590 acre-feet of M&I water already contracted to southern Utah County cities; and 40,310 acre-feet of M&I water to Utah Lake for exchange to Jordanelle Reservoir. A portion of the 40,310 acre-feet delivered to Utah Lake would be delivered via lower Hobble Creek to provide spawning habitat for the endangered June sucker, and via lower Provo River where it would help maintain minimum instream flows for June sucker spawning and other fishery and aquatic benefits. The 30,000 acre-feet (less the water returned to Interior under the Section 207 Program) of M&I water utilized in southern Utah County would be used in the cities' secondary water systems. Use of this water as a potable supply in the future would require additional NEPA compliance. Under the Proposed Action, Interior would acquire all of the District's secondary water rights in Utah Lake. These rights would amount to a maximum of 57,073 acre-feet. The acquired water rights would be used to exchange project water to Jordanelle Reservoir. All remaining environmental commitments associated with the Bonneville Unit would be completed and previously committed in-stream flows within the Bonneville Unit area and statutorily mandated in-stream flows would be provided. The Acting Assistant Secretary for Water and Science, Department of the Interior issued a separate ROD for the ULS on December 22, 2004, also selecting the Proposed Action for implementation. The Assistant Secretary's separate decision is necessitated by the responsibility and authority of the Department of the Interior for other aspects of the project beyond the scope of the Mitigation Commission to mitigate for reclamation projects.