Sec. 3. Definitions
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In this Act: The term Adjudication Court means the United States District Court for the Southern District of California, which exercises continuing jurisdiction over the Adjudication Proceeding. The term Adjudication Proceeding means litigation initiated by the United States regarding relative water rights in the Santa Margarita River Watershed in United States v. Fallbrook Public Utility District et al., Civ. No. 3:51–cv–01247 (S.D.C.A.), including any litigation initiated to interpret or enforce the relative water rights in the Santa Margarita River Watershed pursuant to the continuing jurisdiction of the Adjudication Court over the Fallbrook Decree.
The term AFY means acre-feet per year. The term allottee means a member of a federally recognized Indian tribe who holds a beneficial real property interest in an Indian allotment that is— located within the Reservation; and held in trust by the United States. The term Band means the Pechanga Band of Luiseño Mission Indians, a federally recognized sovereign Indian tribe that functions as a custom and tradition Indian tribe, acting on behalf of itself and its members. The term Band does not include an individual member of the Band acting in the capacity of an allottee.
The term claims means rights, claims, demands, actions, compensation, or causes of action, whether known or unknown, as of June 30, 2009. The term EMWD means Eastern Municipal Water District, a municipal water district organized and existing in accordance with the Municipal Water District Law of 1911, Division 20 of the Water Code of the State of California, as amended. The term EMWD Connection Fee has the meaning set forth in section 2.3(b) of the Extension of Service Area Agreement.
The term enforceability date means the date on which the Secretary publishes in the Federal Register the statement of findings described in section 7(e). The term ESAA Capacity Agreement means the Agreement to Provide Capacity for Delivery of ESAA Water among the Band, RCWD, and the United States. The term ESAA Water means imported potable water that the Band receives from EMWD and MWD pursuant to the Extension of Service Area Agreement. The term Extension of Service Area Agreement means the Agreement for Extension of Existing Service Area , among the Band, EMWD, the United States, and MWD, for the provision of water service by EMWD to a designated portion of the Reservation using water supplied by MWD.
The term Fallbrook Decree means the Modified Final Judgment And Decree , entered in the Adjudication Proceeding on April 6, 1966. The term Fallbrook Decree includes all court orders, interlocutory judgments, and decisions supplemental to the Modified Final Judgment And Decree , including Interlocutory Judgment No. 30, Interlocutory Judgment No. 35, and Interlocutory Judgment No. 41. The term Fund means the Pechanga Settlement Fund established by section 9. The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ).
The term injury to water rights means an interference with, diminution of, or deprivation of water rights under Federal or State law. The term Interim Capacity has the meaning set forth in section 1 of the ESAA Capacity Agreement. The term Interim Capacity Notice has the meaning set forth in section 4(b) of the ESAA Capacity Agreement. The term MWD means the Metropolitan Water District of Southern California, a metropolitan water district organized and incorporated under the Metropolitan Water District Act of the State of California (Stats. 1969, Chapter 209, as amended).
The term MWD Connection Fee has the meaning set forth in section 2.3(a) of the Extension of Service Area Agreement. The term Pechanga ESAA Delivery Capacity account means the account established by section 9(c)(2). The term Pechanga Recycled Water Infrastructure account means the account established by section 9(c)(1). The term Pechanga Settlement Agreement means the Pechanga Settlement Agreement, together with the exhibits to that agreement, entered into by the Band, the United States on behalf of the Band, its members and allottees, RCWD, and EMWD.
The term Pechanga Water Code means a water code to be adopted by the Band in accordance with section 5(f). The term Pechanga Water Fund account means the account established by section 9(c)(3). The term Pechanga Water Quality account means the account established by section 9(c)(4). The term Permanent Capacity has the meaning set forth in section 1 of the ESAA Capacity Agreement. The term Permanent Capacity Notice has the meaning set forth in section 5(b) of the ESAA Capacity Agreement.
The term RCWD means the Rancho California Water District organized pursuant to section 34000 et seq. of the California Water Code. The term RCWD includes all real property owners for whom RCWD acts as an agent pursuant to an agency agreement. The term Recycled Water Infrastructure Agreement means the Agreement for Recycled Water Infrastructure among the Band, RCWD, and the United States. The term Recycled Water Transfer Agreement means the Recycled Water Transfer Agreement between the Band and RCWD.
The term Reservation means the land depicted on the map attached to the Pechanga Settlement Agreement as exhibit I. The term Reservation shall be used solely for the purposes of the Pechanga Settlement Agreement. The term Santa Margarita River Watershed means the watershed that is the subject of the Adjudication Proceeding and the Fallbrook Decree. The term Secretary means the Secretary of the Interior. The term State means the State of California. The term Storage Pond has the meaning set forth in section 1 of the Recycled Water Infrastructure Agreement.
The term Tribal Water Right means the water rights ratified, confirmed, and declared to be valid for the benefit of the Band and allottees of the Band, as set forth and described in section 5.
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