WIIN Act Conversion Contract

Summary

SCH Number
2020100158
Lead Agency
Fresno County
Document Title
WIIN Act Conversion Contract
Document Type
NOE - Notice of Exemption
Received
Posted
10/8/2020

Document Description
This project is for the execution of a contract to amend and convert Fresno Slough Water District’s (“District”) existing contract with the United States, by and through the United States Bureau of Reclamation, for the delivery of 4,000 acre-feet (AF) of Central Valley Project water (“Conversion Contract”). Authorized by the Water Infrastructure Improvements for the Nation Act (Pub. L. 114- 322, 130 Stat. 1628) (the “WIIN Act”), the Conversion Contract continues water service to the District in the same amounts as the District’s CVP contract dating back to 1968, and is in the same scope and nature as ongoing CVP operations. The Conversion Contract allows the District to repay in one lump sum the capital construction costs incurred by the United States Bureau of Reclamation (“Reclamation”) for the existing CVP facilities. The purpose of this Conversion Contract is to continue long-term and reliable delivery of CVP water to the District. The beneficiaries of this project are the landowners within the District. By converting its existing contract, the District will ensure continued water delivery that allows the District to continue to convey and deliver irrigation water to the landowners in the District. The District, on behalf of its landowners, owns, operates, and maintains the facilities that supply CVP water from and deliver it to landowners in the District. Without the District, the landowners now receiving water would have a difficult time diverting and receiving surface water.

Contact Information
Elizabeth Reeves
Fresno Slough Water District
Post Office Box 689
Tranquillity, CA 93668

Phone : (559) 698-7225

Location

Cities
Tranquillity
Counties
Fresno
Other Location Info
Fresno Slough Irrigation District

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
Existing Facilities - Cal. Code Regs., tit. 14, § 15301; and Common Sense Exemption-Cal. Code Regs., tit. 14, § 15061...
Reasons for Exemption
CEOA Guidelines, § 15261 - Executing the Conversion Contract is statutorily exempt from CEQA because the water deliveries currently under contract were approved prior to November 23, 1970. The District entered into Contract No. 14-06-200-4019A ("Original Contract") with the United States on July 30, 1968 for the delivery of 866 AF of permanent Schedule 2 water ("Rights Water") and 4,000 AF of supplemental CVP water ("Project Water"). Section 3(a) of the Conversion Contract confirms that the project does not alter the terms of the District's Rights Water, which continues to operate under the terms of the Original Contract. The Original Contract for Project Water was extended pursuant to Subsection 3404(c)(l) of the Central Valley Project Improvement Act, whereby the United States and the District entered into interim renewal contract(s) identified as Contract Nos. 14-06-200-4019A-IR1 and 14-06-200- 4019A-IR2 ("Interim Contracts"), which provided for the delivery of Project Water to the District from March 1, 2004, through February 28, 2006. See NOD for full details.
Exempt Status
Statutory Exemption
Type, Section or Code
Ongoing Project-Cal. Code Regs., tit. 14, § 15261; Rates, Tolls, Fares, and Charges -Cal. Code Regs., tit. 14, § 15273..
Reasons for Exemption
CEOA Guidelines, § 15261 - Executing the Conversion Contract is statutorily exempt from CEQA because the water deliveries currently under contract were approved prior to November 23, 1970. The District entered into Contract No. 14-06-200-4019A ("Original Contract") with the United States on July 30, 1968 for the delivery of 866 AF of permanent Schedule 2 water ("Rights Water") and 4,000 AF of supplemental CVP water ("Project Water"). Section 3(a) of the Conversion Contract confirms that the project does not alter the terms of the District's Rights Water, which continues to operate under the terms of the Original Contract. The Original Contract for Project Water was extended pursuant to Subsection 3404(c)(l) of the Central Valley Project Improvement Act, whereby the United States and the District entered into interim renewal contract(s) identified as Contract Nos. 14-06-200-4019A-IR1 and 14-06-200- 4019A-IR2 ("Interim Contracts"), which provided for the delivery of Project Water to the District from March 1, 2004, through February 28, 2006. See NOD for full details.

Attachments

Notice of Exemption
2020100158_FSWD NOE Adopted 10-7-2020 (10-8-20)   PDF 1983 K

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