Sec. 3. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term allottee means any individual who holds a beneficial real property interest in an allotment of Indian land that is— located within the Reservation; and held in trust by the United States. The term available St. Mary water means— water from the St. Mary River allocated to the United States under the International Boundary Waters Treaty of 1909 between the United States and Great Britain relating to boundary waters between the United States and Canada entered into force on May 13, 1910 (36 Stat. 2448), minus the quantity of water required for the Milk River Project water right; and water that is— otherwise part of the Milk River Project water right; and made available by the United States to the Tribe without any net reduction of the legal entitlement to water of any water user under the jurisdiction of an entity that is a party to a contract for water from the Milk River Project water right, as determined— initially, by the Secretary; and subsequently, by a court of competent jurisdiction.

The term Birch Creek Agreement means— the agreement between the Tribe and the State regarding Birch Creek water use dated January 31, 2008, as amended on February 13, 2009; and any amendment or exhibit (including exhibit amendments) to that agreement that is executed in accordance with this Act. The term Birch Creek Mitigation Project means the project necessary to provide water from Four Horns Reservoir to State water rights users on Birch Creek in fulfillment of the obligations of the Tribe under the Birch Creek Agreement.

The term Blackfeet Irrigation Project means the irrigation project authorized by the matter under the heading of title II of the Act of March 1, 1907 (34 Stat. 1035, chapter 2285), and administered by the Bureau of Indian Affairs. Montana The term Compact means— the Blackfeet-Montana water rights compact dated December 14, 2007, as contained in section 85–20–1501 of the Montana Code Annotated (2011); and any amendment or exhibit (including exhibit amendments) to the Compact that is executed in accordance with this Act.

The term enforceability date means the date described in section 19(e). The term Lake Elwell means the water impounded on the Marias River in the State by Tiber Dam, a feature of the Lower Marias Unit of the Pick-Sloan Missouri River Basin Program authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665). The term Milk River basin means the main stem of the Milk River (including tributaries), from the headwaters of that river to the confluence with the Missouri River.

The term Milk River Project means the Bureau of Reclamation project conditionally approved by the Secretary on March 14, 1903, pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), commencing at Lake Sherburne Reservoir and providing water to a point approximately 6 miles east of Nashua, Montana. The term Milk River Project includes— the St. Mary storage unit; the Fresno Dam; and the Dodson pumping unit. The term Milk River Project water right means the water right held by the Bureau of Reclamation on behalf of the Milk River Project, as finally adjudicated by the Montana Water Court.

The term Milk River water right means the Milk River water right of the Tribe as established in article III.F of the Compact. The term Missouri River basin means the hydrologic basin of the Missouri River (including tributaries). The term MR&I System means— the intake, treatment, pumping, storage, pipelines, appurtenant items, and real property, as generally described in the document entitled Blackfeet Regional Water System Report , prepared by DOWL HKM, and dated June 2010, and updated in the memorandum entitled Blackfeet Regional Water System Potential Cost Modifications , prepared by DOWL HKM, and dated November 3, 2011; and the existing public water systems improved under subparagraph (A).

The term OM&R means— any recurring or ongoing activity associated with the day-to-day operation of a project; any activity relating to scheduled or unscheduled maintenance of a project; and any activity relating to replacing a feature of a project. The term Pondera County Canal and Reservoir Company Project means the project authorized in part by section 4 of the Act of August 18, 1894 (28 Stat. 422), and lying south of Birch Creek in Montana Water Court Basin 41M. The term Reservation means the Blackfeet Indian Reservation of Montana, as in existence on the date of enactment of this Act.

The term St. Mary River water right means the water right of the Tribe in the St. Mary River as established by article III.G.1.a.i. of the Compact and implemented in accordance with article IV.D.4 of the Compact and this Act. The term St. Mary Unit means the St. Mary Storage Unit of the Milk River Project authorized by Congress on March 25, 1905. The term St. Mary Unit includes— Sherburne Dam and Reservoir; Swift Current Creek Dike; Lower St. Mary Lake; St. Mary Canal Diversion Dam; and St.

Mary Canal and appurtenances. The term Secretary means the Secretary of the Interior. The term State means the State of Montana. The term tribal water code means the code adopted by the Tribe in the tribal ordinance numbered 62 (as amended in accordance with the Compact and this Act). The term tribal water right means the right of the Tribe to divert, use, or store water, as established in— article III of the Compact; the allocation of water to the Tribe from Lake Elwell pursuant to section 8; and any allocation of water to the Tribe pursuant to this Act in fulfillment of the water rights of the Tribe.

The term Tribe means the Blackfeet Tribe of the Blackfeet Indian Reservation.

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