Chapter 2 - Alternatives

Chapter	Alternatives

Two alternatives were evaluated in the final environmental assessment (FEA): No Action, which serves as a basis for evaluating the environmental consequences of the Proposed Action, which is the proposal for transfer of the facilities of the Middle Loup Division (Division). This FEA also presents an array of environmental commitments which, when implemented, will reduce or eliminate potentially significant environmental effects. Potential impacts of the alternatives are shown in table II-1.

Public Law 106-366, signed October 27, 2000, directs the Secretary of the Interior, through the Bureau of Reclamation (Reclamation), to convey to the Loup Basin Reclamation District (LBRD) and the Sargent and Farwell Irrigation Districts (Irrigation Districts), property comprising the assets of the Division of the Missouri River Basin Project, Nebraska, including right, title, and interest in and to the property comprising those assets in accordance with the Memorandum of Understanding (MOU). The MOU is included in this FEA as attachment B. The LBRD has been authorized and directed by the Irrigation Districts to receive title to all transferred assets and to accept all other rights, titles, and obligations relating to the transferred project from the United States of America, Department of the Interior, Bureau of Reclamation.

Alternatives

No Action Alternative

The No Action Alternative would continue present operations with the United States, and the Federal Government would retain title to the Federal facilities associated with the Division. The water rights currently held by Reclamation would remain in the name of the Federal Government. Contract renewal with the LBRD and Middle Loup Public Power and Irrigation District (MLPPID) and the associated National Environmental Policy Act compliance would be required for water delivery to continue to Farwell Irrigation District, Sargent Irrigation District, and MLPPID before the current extended contract expires. Reclamation assumes the contracts would be renewed or converted.

Title Transfer Alternative (Preferred Alternative)

This alternative transfers title of the Federal facilities in the Division from the United States to the LBRD and the Irrigation Districts. This transfer includes Milburn Diversion Dam, Arcadia Diversion Dam, Sherman Dam, lands surrounding Sherman Reservoir, mitigation lands, the conveyance systems associated with each district, and the drainage systems associated with the Division. In addition, Reclamation would transfer all water rights to the LBRD.

Table II-1.--Summary comparison of impacts to key resources
Resource	No Action	Title Transfer (Preferred Alternative)
Water supply
Sherman Reservoir Conservation pool (acre-feet)	58,580	Same as No Action
Average end-of-month storage, 1978-97 (acre-feet)	53,500	Same as No Action
Sargent Unit Average acres irrigated, 1988-97	13,398	Same as No Action
Farwell Unit Average acres irrigated, 1988-97	47,100	Same as No Action
Water quality
Sewage treatment at Sherman Reservoir	Compliance with State water quality laws	Compliance with State water quality laws
Groundwater	No elevated concentrations of any substance in study area	Same as No Action
Surface water Pesticides	No elevated concentrations in study area	Same as No Action
Physiochemical	Slightly elevated bacteria content (fecal coliform) in Farwell District but unrelated to Farwell operation; no action required	Same as No Action
Water rights	Water rights in the name of the United States would not be transferred	Water rights in the name of the United States would be transferred to the LBRD

Table II-1.--Summary comparison of impacts to key resources (continued)
Resource	No Action	Title Transfer (Preferred Alternative)
Water quality (continued) Surface water (continued) Trace elements
	Elevated selenium levels in Farwell District:	Same as No Action except that the LBRD, rather than Reclamation, would coordinate with the State to address water quality issues
	Fish--moderate to high hazard levels
	Sediment--high hazard levels
	Water--high hazard levels
	Macroinvertebrates--high hazard levels
	Reclamation would coordinate with the State to address water quality issues
Cultural resources
Sherman Reservoir One site recommended for National Register of Historic Places (National Register)	Site would be under Federal protection	Site not under Federal protection; management agreements will be executed to protect resources
Arcadia Diversion Dam Eight sites recommended for National Register	Sites would be under Federal protection	Sites not under Federal protection; management agreements will be executed to protect resources
Safety of Dams (SOD)	If title is retained by the United States, Reclamation would be responsible for SOD activities. There would be no change in regulatory responsibility, ownership, or liability for operation of the project.	The LBRD, rather than Reclamation, would coordinate with the State to address SOD issues.

Table II-1.--Summary comparison of impacts to key resources (continued)
Resource	No Action	Title Transfer (Preferred Alternative)
Fish and wildlife Habitat and wetlands	If title were retained by the United States, Reclamation would continue to consult with the Fish and Wildlife Service (FWS) for its actions falling under the Fish and Wildlife Coordination Act (FWCA) and for those of the LBRD subject to Reclamation approval. All Executive orders (E.O.), regulatory requirements for wetlands under Section 404 of the Clean Water Act (CWA), and State laws and regulations regarding wildlife management would continue to apply to the project. The Commission will continue to manage the lands for wildlife purposes as outlined in the Master Lease between Reclamation and the Commission.	If title were transferred to the LBRD and the Irrigation Districts, E.O.s and requirements to consult with the FWS under the FWCA would no longer apply. All regulatory requirements for wetlands under Section 404 of the CWA and all State laws and regulations regarding fish and wildlife management would continue to apply to the project, regardless of ownership. The Nebraska Game and Parks Commission (Commission) will manage the lands for wildlife purposes as outlined in the Perpetual Conservation Easement and Operating Agree-ment between the Commission and LBRD.
Migratory birds	Selenium is present in the environment and in prey items of migratory shorebirds. There is no evidence of mortality or reproductive impairment.	Same as no action
Endangered species	Reclamation has determined that operation of Division facilities may be affecting, but is not likely adversely affecting, listed species, nor is it adversely modifying proposed critical habitat for the piping plover. Reclamation is presently consulting with the FWS to ensure operation does not jeopardize listed species.	Consultation with the FWS on operation of Division facilities will be completed before title is transferred. Corrective measures, if any, necessary to ensure operation does not jeopardize listed species or adversely modify critical habitat would be implemented before title is transferred.

Table II-1.--Summary comparison of impacts to key resources (continued)
Resource	No Action	Title Transfer (Preferred Alternative)
Fish and wildlife Endangered species (continued)	Both Section 7 and Section 9 of the Endangered Species Act (ESA) would continue to apply to any Reclamation action within the Division.	Section 7 of the ESA would only apply to new activities within the Division which require approval or funding from Federal agencies other than Reclamation. Section 9 would continue to prohibit the taking of listed species.
Recreation	Regardless of which alternative is selected, operations and management of Milburn and Arcadia Diversion Dams, the canal systems, Sherman Reservoir, and surrounding recreation and wildlife lands would remain unchanged from current conditions. As a result, no significant recreational impacts are expected under either of the alternatives.
	The Commission will continue to manage the lands for recreation as outlined in the Master Lease between Reclamation and the Commission.	The Commission will manage the lands for recreation as outlined in the Perpetual Conservation Easement and Operating Agreement between the Commission and LBRD.
Flood plains and wetlands	Operations of the Division are expected to continue unchanged. There should be no adverse impacts to wetlands or flood plains.

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Chapter 5	Tables	Figures	Attachments	FONSI