123STA T . 13 50PUBLIC LA W 111 – 11 —M A R .30 , 200 9Ac c ount’ ’ ,‘ ‘ Res to ra t i on G oa l ’’, an d ‘‘ W ater M ana g e m ent Goal’’ h a v e the meanings given the terms in the S ettlement .(2)T he term ‘‘Secretar y ’’ means the Secretary o f the I nterior. ( 3 ) The term ‘‘Settlement’’ means the Sti p ulation of Settle - ment dated Septem b er 1 3,2 0 0 6 , in the litigation entitled N at- ural Resources D efense C ouncil, et al. v. K ir k Rodgers, et al., U nited States District Court, E astern District of California, No. CI V .S –8 8–16 5 8– L KK / GG H . SEC.10 00 4 . IMPL EME NTA TI O NO F SETTLEMENT. (a) I N G E NE RAL . — The Secretary of the Interior is hereby authori z ed and directed to implement the terms and conditions of the Settlement in cooperation w ith the State of California, including the following measures as these measures are prescribed in the Settlement
(1) Design and construct channel and structural improve- ments as described in paragraph 11 of the Settlement, provided, however, that the Secretary shall not make or fund any such improvements to facilities or property of the State of California without the approval of the State of California and the State’s agreement in 1 or more memoranda of understanding to partici- pate where appropriate. (2) Modify F riant Dam operations so as to provide Restora- tion Flows and Interim Flows. (3) Ac q uire water, water rights, or options to acquire water as described in paragraph 13 of the Settlement, provided, how- ever, such acquisitions shall only be made from willing sellers and not through eminent domain. ( 4 ) Implement the terms and conditions of paragraph 16 of the Settlement related to recirculation, recapture, reuse, e x change, or transfer of water released for Restoration Flows or Interim Flows, for the purpose of accomplishing the Water Management Goal of the Settlement, sub j ect to— (A) applicable provisions of California water law
( B ) the Secretary’s use of Central Valley P roject facili- ties to make Project water (other than water released from Friant Dam pursuant to the Settlement) and water acquired through transfers available to existing south-of- Delta Central Valley Project contractors; and (C) the Secretary’s performance of the Agreement of November 24, 1 9 86, between the United States of America and the Department of Water Resources of the State of California for the coordinated operation of the Central Valley Project and the State Water Project as authorized by Congress in section 2(d) of the Act of August 26, 193 7 (50 Stat. 850, 100 Stat. 3051), including any agreement to resolve conflicts arising from said Agreement. (5) Develop and implement the Recovered Water Account as specified in paragraph 16(b) of the Settlement, including the pricing and payment crediting provisions described in para- graph 16(b)(3) of the Settlement, provided that all other provi- sions of Federal reclamation law shall remain applicable. (b) A G REE M EN TS .— (1) AGREEMENTS WI T H THE STATE.—In order to facilitate or expedite implementation of the Settlement, the Secretary Memorandu m .
