123STA T . 1312 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(2)YIELDA LL OTM E N T .—Exceptaso t h e rwi sea g ree db etwee n the parties , the S ecretar y o f the N a v y and the D istrict sha l l participate in the P ro j ect yield on the basis of e qu al priority and in accordance with the following ratio
( A ) 60 percent of the yield of the Project is allotted to the Secretary of the Navy. ( B ) 4 0 percent of the yield of the Project is allotted to the District. ( 3 ) C ONT R A C T SF OR DELI V ER Y OFE X CESS W ATER.— (A) EXCESS WATER AVAILA B LETOOT H ER P ERSONS.— I f the Secretary of the Navy certifies to the official agreed ontoad m inister the Project that the Department of the Navy does not have immediate need for any portion of the 60 percent of the yield of the Project allotted to the Secretary of the Navy under paragraph (2), the official may enter into temporary contracts for the sale and delivery of the excess water. (B) F IRST RI G HT FOR EXCESS WATER.— T he first right to excess water made available under subparagraph (A) shall be given the District, if otherwise consistent with the laws of the State of California. (C) CONDITION OF CONTRACTS.—Each contract entered into under subparagraph (A) for the sale and delivery of excess water shall include a condition that the Secretary of the Navy has the right to demand the water, without charge and without obligation on the part of the U nited States, after 30 days notice. (D) M ODIFICATION OF RIGHTS AND OBLIGATIONS.—The rights and obligations of the United States and the District regarding the ratio, amounts, definition of Project yield, and payment for excess water may be modified by an agreement between the parties. (4) CONSIDERATION.— (A) DEPOSIT OF F U NDS.— (i) IN GENERAL.—Amounts paid to the United States under a contract entered into under paragraph (3) shall be— (I) deposited in the special account established for the Department of the Navy under section 266 7 (e)( 1 ) of title 10, United States Code
and (II) shall be available for the purposes speci - fied in section 2667(e)(1)(C) of that title. (ii) EXCEPTION.—Section 2667(e)(1)(D) of title 10, United States Code, shall not apply to amounts depos- ited in the special account pursuant to this paragraph. (B) IN- K IND CONSIDERATION.—In lieu of monetary consideration under subparagraph (A), or in addition to monetary consideration, the Secretary of the Navy may accept in- k ind consideration in a form and quantity that is acceptable to the Secretary of the Navy, including— (i) maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of property or facilities of the Department of the Navy; (ii) construction of new facilities for the Depart- ment of the Navy; Notice.
