Page:United States Statutes at Large Volume 115 Part 2.djvu/339

 t"*©?^!^^,«( PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1323 (1) Andy South, also known as the Aadersen Administrative Annex. (2) Marianas Bonins Base Command. (3) Andersen Water Supply Annex, also known as the Tumon Water Well or the Tumon Maui Well. (b) ADDITIONAL REQUIREMENTS. — The Secretary may exercise the authority contained in subsection (a) only if the Secretary— (1) determines that adequate supplies of potable groundwater exist under the main base and northwest field portions of Andersen Air Force Base to meet the current and longterm requirements of the installation for water; (2) determines that such supplies of groundwater are economically obtainable; and (3) requires the conveyee of the water rights under subsection (a) to provide a water system capable of meeting the water supply needs of the main base and northwest field portions of Andersen Air Force Base, as determined by the Secretary. (c) INTERIM WATER SUPPLIES.— I f the Secretary determines that it is in the best interests of the United States to transfer title to the water rights and utility systems at Andy South and Andersen Water Supply Annex before placing into service a replacement water system and well field on Andersen Air Force Base, the Secretary may require that the United States have the primary right to all water produced from Andy South and Andersen Water Supply Annex until the replacement water system and well field is placed into service and operates to the satisfaction of the Secretary. In exercising the authority provided by this subsection, the Secretary may retain a reversionary interest in the water rights and utility systems at Andy South and Andersen Water Supply Annex until such time as the replacement water system and well field is placed into service and operates to the satisfaction of the Secretary. (d) SALE OF EXCESS WATER AUTHORIZED. — (1) As part of the conveyance of water rights under subsection (a), the Secretary may authorize the conveyee of the water system to sell to public or private entities such water from Andersen Air Force Base as the Secretary determines to be excess to the needs of the United States. In the event the Secretary authorizes the conveyee to resell water, the Secretary shall negotiate a reasonable return to the United States of the value of such excess water sold by the conveyee, which return the Secretary may receive in the form of reduced charges for utility services provided by the conveyee. (2) If the Secretary cannot meet the requirements of subsection (b), and the Secretary determines to proceed with a water utility system conveyance under section 2688 of title 10, United States Code, without the conveyance of water rights, the Secretary may provide in any such conveyance that the conveyee of the water system may sell to public or private entities such water from Andy South and Andersen Water Supply Annex as the Secretary determines to be excess to the needs of the United States. The Secretary shall negotiate a reasonable return to the United States of the value of such excess water sold by the conveyee, which return the Secretary may receive in the form of reduced charges for utility services provided by the conveyee. (e) TREATMENT OF WATER RIGHTS.— For purposes of section 2688 of title 10, United States Code, the water rights referred

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