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HomeMy WebLinkAboutC05-237 US Department of the Interior_Green Mountain Reservoir e :: - ~:7'{- LICATE Contract No. 0-07-60-W0542 Amendment No.2 IGINAL UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Colorado-Big Thompson Project, Colorado CONTRACT AMENDMENT BETWEEN THE UNITED STATES AND EAGLE COUNTY, COLORADO FOR WATER SERVICE FROM GREEN MOUNTAIN RESERVOIR THIS CONTRACT AMENDMENT, made this day of ,2005, pursuant to the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof and supplementary thereto, and particularly the Act of August 9, 1937 (50 Stat. 564, 595), and the Act of August 4, 1939 (53 Stat. 1187), as amended and supplemented, is between the UNITED STATES OF AMERICA, acting through the Bureau of Reclamation, hereinafter referred to as the "United States," represented by the Contracting Officer executing this amendment to the contract, and EAGLE COUNTY, COLORADO, hereinafter referred to as the "Contractor. " WITNESSETH: WHEREAS, the following preliminary statements are made in explanation: 1. The parties hereto have entered into Contract No. 0-07-60-W0542, dated January 30, 1990, hereinafter called the existing contract. 2. The parties hereto have entered into Amendment No. 1 dated April 30, 2001. 3. The Contractor and the United States desire to amend the contract to expand the County's service area to include the Berry Creek/Miller Ranch Planned Unit Development (PUD) and to provide up to 40 acre-feet of the total 50 acre-feet of contracted Green Mountain Reservoir water for augmenting out-of-priority depletions for the irrigation of parks, open spaces, recreational fields and residential lawns within the PUD in Township 5 South, Range 82 West, 6th Principal Meridian (P.M.), Section 4: SII2 and SII2NWII4, specifically within the Tracts A, C and D of the subject PUD according to Plat recorded at Reception No. 799649, Eagle County Colorado. 4. The Contractor and the United States desire to revise Exhibit B of the Amended Contract to include the use of Green Mountain Reservoir contracted water within the PUD located in Township 5 South, Range 82 West, 6th Principal Meridian (P.M.), Section 4: SII2 and SII2NWII4, specifically within the Tracts A, C and D of the subject PUD according to Plat recorded at Reception No. 799649, Eagle County Colorado. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the United States and the Contractor agree as follows: CONTRACTOR'S USE OF WATER 1. Article 6.a. is deleted in its entirety and replaced with the following: "Water delivered to the Contractor under this contract shall be used by the Contractor for municipal/domestic purposes either directly, by exchange, or through augmentation in connection with (1) operation of the Eagle County Airport located 2 in Sec.3, T.5.S., R. 85 W., 6th P.M. in Eagle County, Colorado, (2) operation of the Eagle County Animal Shelter located in the NE 'i4 NE 'i4 Sec. 6, T.5 S., R 84 W., 6th P.M. in Eagle County, Colorado and (3) the Berry Creek/Miller Ranch Planned Unit Development located in Sec. 4, T.5.S., R. 82 W., 6th P.M.,: S )!z and S )!z NW 'i4 , specifically within the Tracts A, C and D of the subject PUD according to Plat recorded at Reception No. 799649, Eagle County Colorado, and all within the Colorado River Basin. It shall be the Contractor's responsibility to obtain the neces- sary approvals, permits, and/or rights to carry out exchanges and to develop any necessary augmentation plans. To the extent that the water service contracted for herein is being used to prevent injury to the water rights of the City and County of Denver, hereinafter "Denver," acting by and through its Board of Water Commissioners, pursuant to the terms of the Agreement dated September 18, 1985, hereinafter "Summit County Agreement," between Denver and the Board of County Commissioners of Summit County, Colorado, then such water shall be delivered into the Blue River at the outlet works of Green Mountain Dam or delivered by exchange. Before June 1 of each year, the Contractor shall report to the Contracting Officer the amount of water service contracted for herein, which will be used in the following year to prevent injury to Denver's water rights pursuant to the terms of the Summit County Agreement." 3 ENVIRONMENTAL COMPLIANCE 2. Exhibit B, Environmental Compliance is deleted in its entirety and replaced by the Exhibit B attached hereto. EXISTING CONTRACT TO REMAIN IN FORCE 3. Except as provided herein, the existing contract shall remain in full force and effect. 4 IN WITNESS WHEREOF, the parties have executed this Amendment No.2 to the contract the day and year first above written. THE UNITED STATES OF AMERICA By Regional Director Bureau of Reclamation Great Plains Region By: ... c'Ir Ii! ,l,t h l./ Title (CORPORATE SEAL) 5 ACKNOWLEDGEMENT STATE OFf.!Z,KM"') ) ss. COUNTY Of\:'fJ1e) On 2005, before me, appeared ......'J'/ Cfii r L~ the person( s) whose narne( s) (is)( are) subscribed to the within instrument and known to me to have executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year in this acknowledgment first above written. ~~J;-~~ y P ~) / <~ -\ ~...--.. U (SEAL) ~~:Wfc /: ,I:-~L/ l 0 ,,' ....~ .1 ~/ ".(" g- f ....... if i JANICE K :C1 / :1 ~ SCOFIELD : :// \~. . \l ~ 1/1 ( "". .;; .~ "?i'" /~ I ...~..o ......~J .~'" ~ COLO~ / My commission expires: <vf.lmml.,." ~~ <-~~::::::::~ Ai6. I, .. 6 EXHIBIT B CONTRACT NO. 0-07-60- W0542 ENVIRONMENTAL COMPLIANCE 1. The site specific National Environmental Policy Act (NEP A) compliance for water service pursuant to this contract was evaluated and documented by Categorical Exclusion Checklist (CEC) No. MB-150-89-265 dated December 19, 1989, CEC No. ECAO 00-47 dated October 3, 2000, and CEC No. ECAO 05-24 June 13,2005. These CECs are for the release of up to 50 acre-feet of municipal/domestic water annually from Green Mountain Reservoir to replace out -of-priority diversions of water by wells located in the SE 'l'4 of Sec. 3, T.5 S., R 85 W., and the NE 'l'4 NE 'l'4 Sec. 6, T. 5 S., R. 84 W. 6th P.M. within the Eagle River Basin and from the Eagle River in the NE 'l'4 NW 'l'4 NW 'l'4 of Sec. 11, T. 5 S., R. 82 W. 6th P.M., all within Eagle County, Colorado. 2. The Contractor diverts water by wells at the Eagle County Airport and the Eagle County Animal Shelter, tributary to the Eagle River. All water is pumped from these wells, which is then used for municipal/domestic purposes in activities related to operation of the airport and animal shelter. The Contractor also diverts water from the Eagle River for municipal/domestic purposes in activities related to the Berry Creek/Miller Ranch Planned Unit Development. 3. The water service pursuant to this contract shall be used (1) in Sec. 3, T.5 S., R 85 W., 6th P.M. (2) in Sec. 6, T. 5 S., R. 84 W. 6th P.M. and (3) in Sec. 4, T.5 S., R. 82 W. 6th P.M., all within Eagle County, Colorado. B-1 4. The delivery of water pursuant to this contract is subject to any and all requirements to maintain the Colorado Water Conservation Board's minimum instream flows as set forth in the Contractor's water rights decree or augmentation plan. In the event the diversion of water pursuant to this contract results in the flow of the Eagle River between the confluence of Brush Creek in the SE Yt NE Yt of Sec. 6, T. 5 S., R. 84 W. 6th Principal Meridian downstream to the confluence with the Colorado River in the SW Yt NE 12 , of Sec. 5, T. 5 S., R. 86 W., 6th Principal Meridian to be less than the decreed minimum flow of 130 cfs from May 1 through September 30 and 50 cfs from October 1 through April 30, the Contractor's diversion of water may be curtailed up to the total amount of diversion. 5. The Contractor agrees to comply with all the requirements of Section 404 of the Clean Water Act including completion of the appropriate 404 compliance prior to construction of any facilities that may be necessary for the use of Green Mountain water pursuant to this contract. 6. The Contractor agrees to obtain applicable well permits through the State Water Engineer. 7. The Contractor shall submit an annual report on or before November 30 for the previous 12-month period from November 1 through October 31, which shows the time, amount, minimum, and maximum daily water diversions when water is used pursuant to this contract. B-2 Ei;;/~0 (1) C.E.C. No. ECAO 05-24 (2) Contract No. 0-07-60-W0542 (3) CostAuth. No. NIA Eastern Colorado Area Office Categorical Exclusion Checklist (CEC) (4) PROJECT: Colorado-Bill Thompson Proiect (5) DATE: May 9. 2005 Activity: Amendment of Eade Countv's Water Service Contract - Exoansion of Service Area - Eazle Countv- Green Mountain Reservoir- Colorado-Big Thompson Proiect Colorado. (6) NATURE OF ACTION: Reclamation is proposing to amend Eagle County's (County) Water Service Contract No. 0-07-60-W0542 to expand the service area to include the Berry CreekJNliller Ranch Planned Unit Development (PUD). The county currently has a water service contract for 50 acre-feet (at) of water from Green Mountain Reservoir to augment out-of-priority depletions. The County needs to use the contract water to augment existing water rights, providing a reliable water source for irrigation of parks, open spaces, recreational fields and residential lawns within the PUD, an affordable housing and educational complex development which the County is pursuing together with the Eagle County School District RE,,;\OJ and the Partnership for Education. However, because the PUD is outside of the service area described in the County's water service contract, they have no means to legally divert water should there be a call on the river. Consequently, this action will expand the service area of the existing contract to include the PUD and provide them with a means to augment out-of-priority diversions. The County estimates that the PUD will require approximately 40 af of the 50 af of augmentation water available. The additional service area is located in Township 5 South, Range 82 West, 6th P.M., Section 4: S 1/2 and S l/2:r.TWl/4. Specifically within Tracts A, C and D of the subject PUD according to Plat recorded at Reception No. 799649, Eagle County (Exhibit A). Diversions will be in-priority based upon an exchange noticed to the Colorado Division Engineer's Office, Division No. 5. All dOvvTIstream senior right, including Colorado Water Conservation Board's instream flow rights, will be satisfied as the exchange will occur. The point of diversion in located in Township 5 South, Range 82 West, 6th P.M., Section 11: NEl/4NW1I4NWl/4, Eagle County, Colorado (Maps attached). (7) EXCLUSION CATEGORY: 516 DiY! 14.5 DA. Approval, execution, and implementation of water service contracts for minor amounts of long-term water use or temporary or interim water use where the action does not lead to long-tenn changes and where the impacts are expected to be localized. EVALUATION OF CRITERIA FOR CATEGORICAL EXCLUSION (8) This action or group of actions would have a No X Uncertain - Yes - significant effect on the quality of the human environment. (9) This action or group of actions would have highly controversial effects or involve No X Uncertain - Yes - unresolved con!1icts concerning alternative uses of available resources. EV ALUATION OF EXCEPTIONS TO ACTIONS \VITHIN CATEGORICAL EXCLUSION (10) This action may have significant adverse No Uncertain Yes - - - effects on public health or safety. C.E.C. No. ECAO 05-24 (11) This action may have significant impacts on such natural resources and unique geographical No X Uncertain Yes - - characteristics as historic or cultural resources; park, recreation or refuge lands; wildemess areas; wild or scenic rivers, national natural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (Executive Order 11990); floodplains (Executive Order 11988); national monuments; migratory birds; and other ecological significant or critical areas. (12) This action may have highly controversial No X Uncertain - Yes - environmental effects or involve unresolved conflicts concerning altemative uses of available resources [NEP A Section 102(2)(E)]. (13) The action may have highly uncertain and No X Uncertain - Yes - potentially significant environmental effects -. or involve unique or unknO\VI1 environmental risks. (14) This action may establish a precedent for No X Uncertain - Yes - future action or represent a decision in principle about future actions with potentially significant environmental effects. (15) This action may have a direct relationship to other No X Uncertain - Yes - actions with individually insignificant but cumulatively significant environmental effects. (16) This action may have significant impacts on f.:;"..::" >1,Hl ft- t..,...., No.1::.- Uncertain _ Yes_ properties listed, or eligible for listing, on the w:~ S" H (?o National Register of Historic Places as determined by either the bureau or office. ( rf2d-6 / 6 ;/?/o 5" ) (initial/dat~ k,- J)JJ ~ 13 ) (17) This action may have significant impacts on species No X Uncertain - Yes - listed, or proposed to be listed, on the List of Endangered or Threatened Species, or have significant impacts on designated Critical Habitat for these species. (18) This action may violate a Federal law, or a State, No X Uncertain - Yes - local, or tribal law or requirements imposed for the protection of the environment. (19) This action \viIl affect Indian Trust Assets (ITAs). No X Uncertain - Yes This should be completed and documented by, or in coordination with, the area or regional IT A coordinator. - e.E.e. No. ECAO 05-24 (20) This action may have a disproportionately No X Uncertain - Yes high and adverse effect on low income or minority populations (Executive Order 12898). (21) This action may limit access to and ceremonial No X Uncertain - Yes use of Indian sacred sites on Federal lands by Indian religious practitioners or significantly adversely affect the physical integrity of such sacred sites (Executive Order 13007). (22) This action may contribute to the introduction, No X Uncertain - Yes continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may promote the introduction, groVlth, or expansion of the range of such species (Federal Noxious Weed Control Act and Executive Order 13112). (23) NEPA ACTION RECOlYIIVlENDED: Categorical Exclusion XX Environmental Assessment Environmental Impact Statement (24) NATURE OF ACTION (CONTL~UED) Eagle County agrees to use the contracted water within the area identified in the application and shown in Exhibit A to Categorical Exclusion No. 05-24. If Eagle County proposes to use contract water to supplement out-of-priority diversions outside the area shown in Exhibit A to Categorical Exclusion No. 05-24, additional NEP A compliance wil1 be necessary to address site specific impacts of providing water to the additional service area. This includes compliance with the National Historic Preservation Act. Eagle County agrees to provide all necessary information anUmplement any required mitigation measures associated with additional NEPA compliance. (25) ENV1RONlYlENTAL AND TRUST ASSET COlYIlYlITMENTS, EXPLANATION AND/OR REMARKS: Checklist Item No. 11 and No. 18: This water service contract is subject to any and all requirements to maintain Colorado Water Conservation Board's minimum instream flows as set forth in either the contractor's or subcontractor's water rights decree or augmentation plan. Checklist Item No. 11: The augmentation water will be for the depletions caused by current and future water uses within the boundaries of the water service area as described in contract 0-07-60-W0542 and as augmented by CEC 00-47 and CEC 05-24. Checklist Item No. 14: This action will not set a precedent for future actions, as Eagle County has requested the total. amount of water that will be required within the foreseeable future. Checklist Item No. 15: There will be no cumulative impacts from related actions that have not been addressed in the Green Mountain Reservoir Water Marketing ElS. The ElS analyses the effects of water depletions on the Colorado River from all anticipated water sales. Previous NEPA documentation includes CEC No. HB-l50-89-265 - andCECNo.00-47. C.E.C. No. ECAO 05-24 Checklist Item No. 16: This action is defined as an undertaking in the Section 106 regulations. A Class III cultural survey "vas done of approximately 105.2 acres by Erin Salisbury of Metcalf Archaeological Consulting, Inc. The report, entitled Report of the Class III Cultural Resource Inventor; for the Berry Creek Pond in Eagle County, Colorado, identified one cultural resource within the Berry Creek Pond survey area, 5EA1645.2, the Howard Ditch. The impact of the project on the Howard Ditch is minor. Reclamation does not believe there is sufficient integrity to support a determination of eligibility for this segment. Therefore, Reclamation has determined that there will be no historic properties affected as a result of this program. SHPO concurred on March 18, 2005 (copy attached). Checklist Item No. 17: On December 20, 1999, the Fish and Wildlife Service issued a Programmatic Bjological Opinion (BO) on the Reclamation's Operations and Depletions, Other Depletions, and Funding and Implementation of Recovery Program Actions In the Upper Colorado River Above the Gunnison River. On January 19,2000, the Great Plains Region of the Bureau of Reclamation accepted the BO and agreed to implement the proposed action as described in the BO. The depletion effects of this contract were analyzed in the BO. The BO determined that actions of this nature "may affect" the endangered Colorado pikeminnow, humpback chub, bonytail and razorback sucker and their critical habitat, but were not likely to jeopardize the continued existence, or destroy or adversely modify the designated critical habitat of these species. The programmatic BO also made a determination of "not likely to adversely affect" for both the bald eagle and southwest willow flycatcher. Figure 1. lists Federally listed species found within the county. Although the Canada lynx is known to occur in Eagle County its abundance is considered very rare. Checklist Item No. 18: Eagle County currently holds the following water rights: Name Amount Adiud. Approp. Admin No. Case No. Howard Ditch First EnL 11.92 cfs1 10103/1936 06/13/1899 30894.1806] CA963; W-3999 ) 25 af 12/3l/2003 09/0 l/2002 Unknown 03CW297 Berry Creek Pond- I. Eagle County OWlls5.27 cfs and 21.64 af of related consumptive use credits decreed in W-3999 2. Confirmation of a conditional storage right is pending in Case No. 03CW297 (26) PREP ARER'S NAlYIE AND TITLE: Brian Little. Natural Resource Specialist (27) APPROVE6c....-- ~~ DATE: " IrJ (OS Area Manager ~\J'Q;-. Revised May 2005 6~~ ~ . - -. ")"!;f:-<'."~"" i'''j , C,'''" . .,' "." .' :'," . ....." I'}'" .... . .'. ".' ',' . 'i>.~~3". .... ....,. " . " . >' .A : ", t 'X '.' ) '.. ..\ " ....:.':'2x,':r\ ,:;:!;l't>,} '. -"Eii::' .."i[~~ /~ ; , :: :.. ,1 ~ :,';,:\(""',"" " '<''''':;'':'',,; :,;}i~ /, " . '., . " , .. '. . " 'U . V ' . " .' , ,:' 'l2,; , ,\. " , .'i{: '!;'-.,.,:( ., , , ' ;,' , ." c' ~ : I'; ~>1 ',i.\ ,; ,,' :~~~L ,," .' , "'.' ;)il "',fJ.:-../" . ",' ":":':";""':'" "." 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