DEPARTMENT ol the INTERIOR
OFFICE OF THE SECRETARY
For Release July 31, 1980 (2 p.m. EDT)
ANDRUS ANNOUNCES PROPOSED RESOLUTION OF CENTRAL ARIZONA PROJECT ISSUES
news release
Wallace (202) 343-3171
Secretary of the Interior Cecil D. Andrus today announced the proposed
~ resolution of five major issues involving the mammoth Central Arizona Project (CAP).
The Secretary's tentative decision affects water supplies for Indian Tribes, municipal and industrial (Mand I) users, agricultural users, the master contract
that governs the project, and the Tucson Aqueduct. Arizonans will have 60 days to comment on the plan, and all such comments will be considered before final allocations are announced.
"My proposed resolutions on the Central Arizona Project were arrived at after extremely careful study, consultations with Governor Babbitt, Arizona Tribes, and other State leaders, and talks with the Arizona Congressional delegation," Andrus said. "I hope these proposals will help lead to completion of this important project at the earliest possible date."
Under Andrus' proposals, the Department of the Interior would offer to
contract with Indian Tribes up to 309,810 acre-feet per year of CAP water. Recom-mendations to the Secretary ranged from 257,000 acre-feet to 474,360 acre-feet, with numerous suggestions as to the priority of use in times of shortage.
During times of project supply shortage, the Tribes would share the available supply on a proportional basis with project Mand I users. The proportion would be determined on the basis of actual CAP use in the most recent prior year in which a
·full supply was available for Indian allocations and M and I users.
Because the proposed Tribal allocation is somewhat larger than the 1976
allocation, Andrus said the State, during a 60-day comment period on the proposals, should review its original recommendations for Mand I and non-Indian agricultural use and suggest modifications.
In particular, Andrus said, the State's recommendation for a municipal and industrial allocation of 100,000 acre-feet per year for power plant cooling "is subject to a large number of objections, and the water may have a higher and better use in meeting domestic and industrial needs."
Andrus said the Department will offer to enter into sub-contracts with non-Indian agricultural users generally as recommended by the State. He added, however, that the State must revise its recommendations in light of the revised Tribal
allocations and the currently projected costs of CAP water.
"I am convinced that prompt validation of the Master Contract is in the best interest of all concerned," Andrus said. "However, the United States continues to oppose validation of the contract so long as the Central Arizona Water Conservation District continues to insist upon inclusion of its interpretive supplements."
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He added that there will be "no objections to validation of the Master Contract on the part of the Department if the Central Arizona Water Conservation District (CAWCD) will accept as an integral part thereof the Indian Allocation and "shared priority" concept."
Additionally, he said, if the CAWCD agrees to the final Indian supplements, the Department will recommend that the government withdraw its amicus brief filed in opposition to the earlier attempt at validation.
"Should the Master Contract not be validated within a reasonable time after a final decision on the Indian Allocation, it will be necessary for the Department to consider other alternatives," Andrus said.
Andrus supported a southerly terminus of the Tucson Aqueduct, to be finally determined on the basis of engineering~ economic, and environmental studies. An aqueduct to a southerly point will greatly assist eastern Pima County water users in managing their limited water resources, Andrus said.
"The unique water needs of the eastern Pima County also make it clear to me that additional CAP water supplies are needed to help alleviate groundwater over-drafts in the area," Andrus said.
"The State has recommended that CAP water allocations totalling about 103,000 acre-feet for Mand I use and about 30,000 acre-feet for non-Indian agricultural use be granted for users to be served by the Tucson Aqueduct by the year 2034."
However, the local Water Resources Coordinating Committee has stated that such an allocation of CAP water will not be sufficient to balance the overdrafted ground-water basins in the area, and the WRCC has recommended an additional CAP allocation
for non-Indian uses of approximately 89,000 acre-feet. Also, the WRCC has supported the request of the San Xavier Papago Indian Tribe for a CAP allocation. Together, these additional requested allocations for the area are significantly greater than those recommended by the State in 1977 and 1979.
"While I am not suggesting that the CAP can or should be viewed as the ultimate solution to the groundwater overdraft in eastern Pima County, I do believe that appropriate steps can be taken to assure that the area's unique water needs are fully considered during the planning process for the Tucson Aqueduct, and in my final water allocation decisions," Andrus said.
"Because of the disparity between the amounts of CAP water recommended to serve eastern Pima County, I believe it is appropriate to request both the State and the Water Resources Coordinating Committee to work closely together during the public review period, and to attempt to reach agreement on the size of Tucson Aqueduct needed to best serve the area without serious compromise to other project purposes and the principles of economic, eng1neering, and environmental feasibility."
The Secretary said that "it may be reasonable" for approximately 50 percent of the increased water needs for the Tucson area to be met with CAP water.
He added that ff the user entities represented on the Water Resources Coordi-nating Committee and the State are able to reach agreement and provide sufficient supporting data and rationale for additional CAP water service, that information will be given serious consideration.
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During the public review period, Interior's Water and Power Resources Service will develop preliminary cost analyses which will provide additional information needed before decisions can be made regarding the Tucson Aqueduct, Andrus said.
In addition, work currently underway on the environmental impact statement for the Tucson Division will continue, he said.
The Secretary's proposed allocations are attached, together with a chart showing proposed new allocations to Indian Tribes.
United States Department of the Interior
OFFICE OF THE SECRETARYWASHINGTON, D.C. 20240 July 30, 1980 MEM'.)RANDUM To: From: Solicitor
Assistant Secretary-Land and Water Resources Assistant Secretary--Indian Affairs
Secretary
Subject: ~ntral Arizona Project: Proposed Resolutions After extended discussions and examination of the relevant docunents in this area, including the draft and revised
Secretarial Issue Documents and supporting appendices, I have reached the following proposed resolutions. 1hese proposals will be issued in a Federal Register Notice, subject to a public
cornrent period of sixty days (during this tirre the Department will hold public hearings in the areas potentially affected.)
I. Indian Water Allocation A. Allocation
The central issue in this ITRtter is the proposed allocation of water to the Indian Tribes, and the priority to be accorded such allocation. Reccmrendations have ranged fran 257,000 acre-feet to 474,360 acre-feet with nun:erous suggestions as to priority of use
in times of shortage. It is rey view that any Indian water
allocation must be limited to insure long range availability and finn water supply for ~I users. '!he proposed allocation set forth in Appendix A is an adjustroont of the allocations adopted by
the Department of the Interior in "Allocations of Project Water for Indian Irrigation Uses" at 41 F.R. 45883 (Cx!tober 18, 1976). '!be adjustroonts are being rm.de for the following reasons: (1) to rooet Irodest additional Indian requirements under appropriate allocation criteria, (2) to finn up Indian supplies beyond the year 2005 consistent with project M&I needs, and (3) to provide
the opportunity for conversion of Indian CAP water to M&I use (by developnent of substitute water) •
Criteria for the Indian allocations were: (1) presently developed lands as in the 1976 allocations, (2) minimal requirements for maintenance of Tribal H~lands pursuant to Presidential
initiatives, and (3) legislative initiatives.
To be specific, O:tnp Verde, with 200 presently developed acres v.ould receive an allocation of 1200 acre-feet.
San Xavier and Papago-Schuk Toa.k have been allocated 27,000 acre-feet and 10 ,800 acre-feet, respectively. H.R. 7640 would direct the Secretary of Interior to provide water to the Papagos.
'Ihe proposed allocation is not as extensive as proposed in the legislation, however, it does provide a minirm.nn water supply for economic farming units.
Gila Bend has not been allocated any CAP water under this proposal. The reservation is behind the Painted Rock Thull
and virtually all irrigable lands ap:pear to be subject to
extensive flcxxiing. 'Ihe practicability of providing a CAP supply to Gila Bend will be determined during the public corrment
process.
San Carlos has 1,800 presently develo:ped acres. This would result in a gross allocation of 8,700 acre-feet, reduced by 6,000
acre-feet of available surface water, for a net allocation of 2,700 acre-feet. In order to provide sufficient water to sustain a Tribal Homeland on this rrountainous reservation, it will be allocated an additional 10,000 acre-feet. In
n:v
judgment, this 10,000 acre-feet of water represents the minim.un rurount necessary for a :perrmnent Tribal Homeland.The White i~untain Apache did not seek an allocation, preferring to rely exclusively on future adjudication of the Tribe's Winters rights claiIIE.
Pascua Yaqui1 Tonto Apache, and Yavapai Prescott have been
allocated 500 acre-feet, 110 acre-feet, and 500 acre-feet, respectively. Although none of these Tribes have presently develo:ped acreage meeting the criteria of the 1976 allocation, these allocations are nade to provide a mininum water resource for developnent of a Tribal Homeland.
Cbnsistent with the 1976 allocations, the allocations to Ak-Chin, Gila River, Salt River, Fort Mclbwell, Pagago--Chuichu, Camp Verde, and 2,700 acre-feet of the San Carlos are limited to
irrigation uses on the reservation, except to the extent mxli.fied by the Winters rights discussion below. '!he entire allocations to Papa.go-San Xavier, Papago-Schuk Toa.k, Pascua Yaqui; Tonto Apache, and Yavapai Prescott, and 10,000 acre-feet to San Carlos nay be used for domestic, irrigation or M&I purposes on the reservation, consistent with the purpose of naintaining Tribal Hcxoolands. All of these allocations are also limi"ted to uses on the reservation except to the extent m:xiified by the Winters rights discussion below.
B. Priority
Under the allocation proposed above, the Department of Interior would offer to contract with the Tribes, up to a maximLml of
309,810 acre-feet :per year of CAP water. During titreS of project supply shortage, the Tribes would share the available supply on a proportional oosis with project MU users. The proportion v.ould be detennined on the basis of actual CAP use in the rrost recent prior year in which a full supply was available for these
allocations and M&I users.
-C. Winters Rights
By contract these proposed allocations would be credited against the reservations' finally adjudicated Winters rights. Tu the extent that a CAP allocation is credited against adjudicated Winters rights, the reservation being so credited will be able to use such water in any rmnner and for any uses it would be able to use Winters rights water. This may or may not expand the uses outlined above.
D. Substitute Water
These nndifications of the 1976 Allocations increase the anount allocated to the Tribes in the 1976 Federal Register Notice and, by virtue of the shared priority, are intended to increase the dependability of the Indian supply in the later years of the project. In order to ameliorate the potential impact on M&I
users, I am proposing that contracts for the Tribal allocation and the subcontracts for M&I supply contain ternE that v.ould allow substitution of non-CAP water for Indian agricultural allocations. '!he general criteria for this substitution v.ould include:
(1) '!he suitability of the substitute water would be determined by the Secretary on stated criteria: that the delivery facilities are equivalent to CAP facilities; the supply is available in ~rable quantities at the t:in'e and place of need; and water quality meets all regulatory
requireu:ents and is suitable in quality for the beneficial use to which the water is to be put;
(2) All costs of substitution v.ould be lx>rne by the District or by the subcontractor securing the benefit of CAP water by substitution;
(3) Any favorable cost differential for delivered water in any substitution plans must inure to the benefit of the Tribes or the Federal Governrrent; and
(4) Negotiations for proJX)Sed substitution of supply will be between the Tribes and the parties seeking to offer substitute supplies. Under procedures to be developed by the Depa.rtnEnt, the Secretary will reserve the authority to approve a
subsitution if it is determined that the Tribal agreerrent is being unreasonably withheld.
E. Storage
The Assistant Secretary for land and Water Resources will i.rrlrediately undertake a review to detennine whether operating criteria for Lower Basin 0::>lorado rminstem reservoirs :p3:rnri.t, or could be modified to permit, allocations of water alx>ve minimum power heads to rreet requireu:ents for the CAP water in water-short years.
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1. Except as specifically provided in the above allocations, the Tribal allocations will be limited to irrigation on the
reservations. Tribal requests for Ml.I water will be directed to the Secretary and will be treated as M&I water for detennining the ratios for sharing shortages.
2. 'Ihe asserted needs for Tribal irrigation water far exceed the proposed allocations: It is rey view that Tribes desiring CAP irrigation water above and beyond these proposed allocations should be treated as any other entity seeking irrigation water from the CAWCD. lliring the comnent period, views on this
proposition will be sought, and a final detennination will be made on the question of the applicability of the Leavitt Act to such subcontracts.
II. Non-Indian Water Supply
A. Municipal and Industrial Water
Because the proposed Tribal allocation is saoowhat larger than the 1976 Allocation, the State will be requested during the comnent period on these proposals to review its original recornnendations and suggest ways in which they can be nxxiified.
This review should consider the following points:
1. 'Ihe State recornrendation for an M&I allocation of 100,000 acre-feet per year for power plant cooling is subject to a large number of objections, and that water may have a higher and better use in IIEeting domestic and industrial needs. 2. In order to reduce speculative contracting for the limited CAP M&I supply, the subcontracts rmy require ~I users to pay for their CAP water i f it is available, whether or not it is used.
3. ~tential CAP M&I water users should be advised of the estimated costs of delivered CAP water, as well as any applicable water service rate review and adjustrrent requirements.
4. Final offers to subcontract for CAP water service will be
made only to users able:
(1) to provide a binding comni.t[IEnt to execute
subcontracts as required in the "assured water supply" section of the Arizona Groundwater Manageroont Act of 1980; and
-4-(2) to derronstrate financial capability to enter into long-tenn subcontracts for CAP water service. 5. Potential CAP M&I users should be advised of the
requirement that an approved water conservation program will be a condition of CAP water service.
B. Non-Indian Agricultural Water
The design of turnouts from the rm.in project aqueducts can proceed only as soon as the irrigation districts able to subcontract for project water are identified.
'!he Department will offer to enter into subcontracts with non-Indian agricultural users generally as recormYended by the state. However, the State must revise its reconmenda tion.s in light of the revised Tribal allocations and in light of the currently projected costs of CAP water as they may affect the repayment capacity of each potential irrigation district. Final offers to enter into subcontracts for irrigation water service will not be rm.de without a proven derronstration of adequate payment capacity.
III. Master Contract
I am convinced that proopt validation of the Master Contract is in
the best interests of all concerned. However, the United States continues to oppose validation of the contract so long as the CAWCD continues to insist upon inclusion of its interpretive supplements.
There will be no objections to validation of the Master Contract on the part of the Depa.rtroont i f the CAWm will accept as an integral part thereof the Indian Allocation and "shared priority" concept discussed above. If the CAWCD agrees to the final Indian Allocation and rroves to validate the Master Contract without its supplements the Departlrent will recomrend the withdrawal of the goverrlIIEnt's amicus brief filed in opposition to the earlier attempt at validation. Slould the Master Contract not be
validated within a reasonable tirrE after a final decision on the Indian Allocation, it will be necessary for the Departlrent to consider other alternatives.
IV. Tucson Aqueduct
In considering potential CAP water deliveries to eastern Pima Cbunty, I have considered the following facts and informa.tion which collectively define the unique water needs of that area:
--an opinion of the Solcitor's office that the Secretary has
a great deal of discretion in locating the tenninus and size of the aqueduct within the Tucson area to meet project
purposes.
-5-~the recornnendations of the State of Arizona for allocations. of CAP water for municipal, industrial, and non-Indian
agricultural use;
--·i:he April 14, 1980 reccmnendations of the Water Resources 0:>ordinating Cbrrmittee;
~the recent introduction in the House of Representatives of legislation which would provide a settlement for the water claims of t.11e San Xavier Papago Indian Tri be;
~ specific request for a CAP allocation fran the San Xavier Papago Indian Tribe, supported by all the rmjor water user organizations in the area;
--eastern Pirm County relies solely on a rapidly depleting groundwater supply;
---m::>st of the rrajor water using entities in the area are either located to the south of the city proper, or could nnst logically be served by a CAP aqueduct which terminates
further south than originally planned;
--agricultural, and nunicipal and industrial water users in eastern Pima Cbunty have demonstrated a firm conmitment to sound water management and conservation practices.
'lhe combination of this information and the location of Tucson at the end of the CAP supply system rrnkes it apparent to~ that the Tucson Aqueduct should terminate at a location as close as possible to those water users desiring and able to pay for project water service. I believe that a southerly terminus of the Tucson Aqueduct, to be finally determined on the oosis of engineering, economic, and evironmental studies, will greatly assist eastern Pima Cbunty water users in rranaging their limited and valuable water resources.
'lhe unique water needs of eastern Pima Cbunty also rmke it clear to m3 that additional CAP water supplies are needed to help
alleviate groundwater overdrafts in the area. 'lhe State has recorrmended that CAP water allocations totalling about 103,000 acre-feet for M&I use, and about 30,000 acre-feet for non-Indian agricultural use, be granted to users to be served by the Tucson Aqueduct by .the year 2034. 'lhe local Water Resources O:>ordinating Cbmnittee ha:s stated that such an allocation of CAP water will not be sufficient to re.lance the overdrafted groundwater resins in the area, and the WRCX: recorrmended an additional CAP allocation for non-Indian uses of approximately 89,000 acre-feet. Additionally, the WRCX: has supported the request of the San Xavier Pagago Indian Tribe for a CAP allocation. Ta.ken together, the additional
-6-requested CAP allocations for the area are significantly greater than those recor.cmended by the State in 1977 and 1979. If finally determined to be appropriate, the Tucson Aqueduct -- now only in the planning stage -- would have to be ma.de significantly larger than now conterrpla·,.ed, since planning to date has been l::ased primarily on the State's recomnendations.
While I am not suggesting that the CAP can or should be viewed as the ultimate solution to the groundwater overdraft in eastern Pima.
County, I do believe that appropriate steps can be taken to assure that the area's unique water needs are fully considered during the planning process for the Tucson Aqueduct, and in II\Y final water allocation decisions.
I believe it is appropriate to request toth the State and the Water Resources O:>ordinating Cbnmittee to work closely together during the public review period, and to atterrpt to reach agreeln:lnt on the size of the 'l\lcson Aqueduct needed to best serve the area without serious compromise to other project purposes and the principles of economic, engineering, and envirollin:lntal
feasibility. It nay be reasonable that approximately 50% of the increased water needs for the 'l\lcson area could be met with CAP water. If the user entities represented on the WRO: and the State are able to reach agrearent and provide sufficient supporting data and rationale for additional CAP water service, that inforrration will also be given serious consideration. DJ.ring the public review period, the Water and Power Resources Service will be able to develop preliminary cost analyses which will provide additional information needed before rrore decisions can be ma.de regarding the 'l\lcson Aqueduct. In addition, work currently underway on the environln:lntal irrpact stateln:lnt for the 'l\lcson Division will continue.
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a""
CENTRAL ARIZONA PROJECT PROPOSED INDIAN TRIBAL ALLOCATIONS
(A) (B) (C) (D) (E)
Presently \olater Duty = AVAILABLE WATER Allocation
Ak-Chin Gila River Sa 1t River Fort McDowell Papago-Chuichu Camp Verde Papago-San Xavier· Papago-Schuk Toak Papago-Gila Bend San Carlos White Mountain Pascua Yaqui Tonto Apache Yavapai Prescott TOTAL Developed Acreaae (except as noted) 10,810 62, l 00 13,000 0 1,700 200 5,000 2,000 0 1,800 O·
-4.59/acre \ 49,600 285,000 59,700 0I
7,800 1,000 22,950 9, 180 0 8,300 0 -(B- (C+D)) Surface Ground l. 176 0 0 58,300 77 ,300 60,600 173,100 33,600 14,800 13,300 0 0 4,300 0 1,000 8,000 0 0 1,200 0 0 21,ooo!I 0 0 10,sool/ 0 0oY
6,000 0 12.
10031 -0 0 0 --
50o!' --
11~-
-
50rfl./
309~810Jj The proposed allocations for San Xavier and Schuk Toak are based on the concepts contained in H.R. 7640 (the Papago Settlement Bill).
~ The practicability of providing a CAP water supply to Gila Bend will be determined during the comment period.
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10,000 acre-feet have been added for purposes of sustaining a Tribal Homeland.~ None of these tribes have presently developed acreage. The proposed allocations are designed to provide a minimum water resource for development and growth of a Tribal Homeland.
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lNT 4693-80
