Sec. 3. Definitions

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In this Act: The term 1947 Judgment means the Judgment and the Stipulation and Agreement, including exhibits to the Judgment and the Stipulation and Agreement, entered on March 13, 1947, in United States v. Santa Fe Pac. R.R. Co., No. E–190 (D. Ariz.) and attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.1. The term AFY means acre-feet per year. The term allotment means any of the 4 off-reservation parcels that are— held in trust by the United States for individual Indians in the Big Sandy River basin in Mohave County, Arizona, under the patents numbered 1039995, 1039996, 1039997, and 1019494; and identified as Parcels 1A, 1B, 1C, and 2 on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6.

The term allottee means any Indian owner of an allotment. The term available CAP supply means, for any year— all fourth priority water available for delivery through the CAP system; water available from Central Arizona Project dams and reservoirs other than the Modified Roosevelt Dam; and return flows captured by the Secretary for Central Arizona Project use. The term Bill Williams Act means the Bill Williams River Water Rights Settlement Act of 2014 ( Public Law 113–223 ; 128 Stat. 2096).

The term Bill Williams agreements means the Amended and Restated Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, including all exhibits to each agreement, copies of which (excluding exhibits) are attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.11. The term Bill Williams River phase 2 water rights settlement agreement means the agreement of that name that is attached to, and incorporated in, the Hualapai Tribe water rights settlement agreement as Exhibit 4.3.3.

The term CAP contract means a long-term contract (as defined in the CAP repayment stipulation) with the United States for delivery of CAP water through the CAP system. The term CAP contractor means a person that has entered into a CAP contract. The term CAP contractor includes the Hualapai Tribe. The term CAP fixed OM&R charge has the meaning given the term Fixed OM&R Charge in the CAP repayment stipulation. The term CAP M&I priority water means the CAP water that has a municipal and industrial delivery priority under the CAP repayment contract.

The term CAP NIA priority water means the CAP water deliverable under a CAP contract or a CAP subcontract providing for the delivery of non-Indian agricultural priority water. The term CAP operating agency means— the one or more entities authorized to assume responsibility for the care, operation, maintenance, and replacement of the CAP system; and as of the date of enactment of this Act, the Central Arizona Water Conservation District. The term CAP pumping energy charge has the meaning given the term Pumping Energy Charge in the CAP repayment stipulation.

The term CAP repayment contract means— the contract entitled Contract between the United States and CAWCD for Delivery of Water and Repayment of Costs of the CAP , numbered 14–06–W–245 (Amendment No. 1), and dated December 1, 1988; and any amendment to, or revision of, that contract. The term CAP repayment stipulation means the Stipulated Judgment and the Stipulation for Judgment, including any exhibits to those documents, entered on November 21, 2007, in the United States District Court for the District of Arizona in the consolidated civil action Central Arizona Water Conservation District v.

United States, numbered CIV 95–625–TUC–WDB

(EHC)and CIV 95–1720–PHX–EHC. The term CAP subcontract means a long-term subcontract (as defined in the CAP repayment stipulation) with the United States and the Central Arizona Water Conservation District for the delivery of CAP water through the CAP system. The term CAP subcontractor means a person that has entered into a CAP subcontract. The term CAP system means— the Mark Wilmer Pumping Plant; the Hayden-Rhodes Aqueduct; the Fannin-McFarland Aqueduct; the Tucson Aqueduct; any pumping plant or appurtenant work of a feature described in subparagraph (A), (B), (C), or (D); and any extension of, addition to, or replacement for a feature described in subparagraph (A), (B), (C), (D), or (E). The term CAP water has the meaning given the term Project Water in the CAP repayment stipulation. The term Central Arizona Project means the reclamation project authorized and constructed by the United States in accordance with title III of the Colorado River Basin Project Act ( 43 U.S.C. 1521 et seq.). The term Central Arizona Water Conservation District means the political subdivision of the State that is the contractor under the CAP repayment contract. The term Colorado River Compact means the Colorado River Compact of 1922, as ratified and reprinted in article 2 of chapter 7 of title 45, Arizona Revised Statutes. The term Colorado River water means the water of the Colorado River within the United States, including— the water of reservoirs on the Colorado River within the United States; the water of all tributaries to the Colorado River within the United States, other than tributaries located within the State; the water beneath the surface of the Earth that is hydraulically connected to the Colorado River within the United States; and all water beneath the surface of the Earth that is hydraulically connected to tributaries to the Colorado River within the United States, other than tributaries located within the State. The term Colorado River water entitlement means the right or authorization to use Colorado River water in the State. The term Colorado River water entitlement does not include the right of the Hualapai Tribe to use Hualapai Tribe CAP water in accordance with the Hualapai Tribe water delivery contract. The term Commissioner means the Commissioner of Reclamation. The term diversion means an act to divert. The term divert means the receipt, withdrawal, development, production, or capture of water using a ditch, canal, flume, bypass, pipeline, pit, collection or infiltration gallery, conduit, well, pump, turnout, dam, or any other mechanical device, or any other act of man. The term effluent means water that— has been used in the State for domestic, municipal, or industrial purposes, other than solely for hydropower generation; and is available for reuse for any purpose, whether or not the water has been treated to improve the quality of the water. The term enforceability date means the date described in section 12(a). The term exchange means a trade between one or more persons of any water for any other water, if each person has a right or claim to use the water the person provides in the trade, regardless of whether the water is traded in equal amounts or other consideration is included in the trade. The term fourth priority water means Colorado River water that is available for delivery in the State for the satisfaction of entitlements— in accordance with contracts, Secretarial reservations, perfected rights, and other arrangements between the United States and water users in the State entered into or established more recently than September 30, 1968, for use on Federal, State, or privately owned land in the State, in a total quantity not greater than 164,652 AFY of diversions; and after first providing for the delivery of Colorado River water for the CAP system, including for use on Indian land, under section 304(e) of the Colorado River Basin Project Act ( 43 U.S.C. 1524(e) ), in accordance with the CAP repayment contract. The term Freeport means the Delaware corporation named Freeport Minerals Corporation . The term Freeport includes all subsidiaries, affiliates, successors, and assigns of Freeport, including Byner Cattle Company, a Nevada corporation. The term Gila River adjudication means the action pending in the Superior Court of the State, in and for the County of Maricopa, In Re the General Adjudication of All Rights To Use Water In The Gila River System and Source, W–1 (Salt), W–2 (Verde), W–3 (Upper Gila), W–4 (San Pedro) (Consolidated). The term Gila River adjudication court means the Superior Court of the State, in and for the County of Maricopa, exercising jurisdiction over the Gila River adjudication. The term Gila River adjudication decree means the judgment or decree entered by the Gila River adjudication court in substantially the same form as the form of judgment attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.43. The term groundwater means all water beneath the surface of the Earth within the State that is not— surface water; effluent; or Colorado River water. The term Hualapai fee land means land, other than Hualapai trust land, that— is located in the State; is located outside the exterior boundaries of the Hualapai Reservation or Hualapai trust land; and as of the enforceability date, is owned by the Hualapai Tribe, including ownership through a related entity. The term Hualapai land means— the Hualapai Reservation; Hualapai trust land; and Hualapai fee land. The term Hualapai OM&R Trust Account means the account established by section 6(c)(1). The term Hualapai Reservation means the land within the exterior boundaries of the Hualapai Reservation, including— all land withdrawn by the Executive order dated January 4, 1883, as modified by the May 28, 1942, Order of the Secretary pursuant to the Act of February 20, 1925 (43 Stat. 954, chapter 273); the land identified by the Executive orders dated December 22, 1898, May 14, 1900, and June 2, 1911; and the land added to the Hualapai Reservation by section 9. The term Hualapai Tribe means the Hualapai Tribe, a federally recognized Indian tribe of Hualapai Indians organized under section 16 of the Act of June 18, 1934 ( 25 U.S.C. 5123 ) (commonly known as the Indian Reorganization Act ). The term Hualapai Tribe CAP water means the 4,000 AFY of the CAP NIA priority water that— was previously allocated to non-Indian agricultural entities; was retained by the Secretary for reallocation to Indian tribes in the State pursuant to section 104(a)(1)(A)(iii) of the Central Arizona Project Settlement Act of 2004 ( Public Law 108–451 ; 118 Stat. 3487); and is reallocated to the Hualapai Tribe pursuant to section 11. The term Hualapai Tribe water rights settlement agreement means the agreement, including exhibits, entitled the Hualapai Tribe Water Rights Settlement Agreement . The term Hualapai Tribe water rights settlement agreement includes— any amendments necessary to make the Hualapai Tribe water rights settlement agreement consistent with this Act; and any other amendments approved by the parties to the Hualapai Tribe water rights settlement agreement and the Secretary. The term Hualapai Tribe water delivery contract means the contract entered into in accordance with the Hualapai Tribe water rights settlement agreement and section 11(c) for the delivery of Hualapai Tribe CAP water. The term Hualapai trust land means land, other than Hualapai fee land, that is— located— in the State; and outside the exterior boundaries of the Hualapai Reservation; and as of the enforceability date, held in trust by the United States for the benefit of the Hualapai Tribe. The term Hualapai Water Project means the project constructed in accordance with section 6. The term Hualapai Water Project Account means the account established by section 6(b)(1). 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. 5304 ). The term injury to water rights means any interference with, diminution of, or deprivation of, a water right under Federal, State, or other law. The term injury to water rights does not include any injury to water quality. The term lower basin has the meaning given the term in article II(g) of the Colorado River Compact. The term Lower Colorado River Basin Development Fund means the fund established by section 403 of the Colorado River Basin Project Act ( 43 U.S.C. 1543 ). The term member means any person duly enrolled as a member of the Hualapai Tribe. The term OM&R means— any recurring or ongoing activity relating to 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 Parcel 1 means the parcel of land that— is depicted as 3 contiguous allotments identified as 1A, 1B, and 1C on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; and is held in trust for certain allottees. The term Parcel 2 means the parcel of land that— is depicted as Parcel 2 on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; and is held in trust for certain allottees. The term Parcel 3 means the parcel of land that— is depicted as Parcel 3 on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; is held in trust for the Hualapai Tribe; and is part of the Hualapai Reservation pursuant to Executive Order 1368 of June 2, 1911. The term party means a person that is a signatory to the Hualapai Tribe water rights settlement agreement. The term person means— an individual; a public or private corporation; a company; a partnership; a joint venture; a firm; an association; a society; an estate or trust; a private organization or enterprise; the United States; any Indian tribe; a State, territory, or country; a governmental entity; and a political subdivision or municipal corporation organized under or subject to the constitution and laws of the State. The term person includes an officer, director, agent, insurer, representative, employee, attorney, assign, subsidiary, affiliate, enterprise, legal representative, any predecessor and successor in interest, and any heir of a predecessor and successor in interest of a person. The term preconstruction activity means the work relating to the preplanning, planning, and design phases of construction, as those terms are defined in paragraphs

(1)through

(3)of section 900.112(a) of title 25, Code of Federal Regulations (or a successor regulation). The term preconstruction activity includes the activities described in section 900.112(b) of title 25, Code of Federal Regulations (or a successor regulation). The term Secretary means the Secretary of the Interior. The term State means the State of Arizona. The term surface water means all water in the State that is appropriable under State law. The term water , when used without a modifying adjective, means— groundwater; surface water; effluent; or Colorado River water. The term water right means any right or rights in or to groundwater, surface water, effluent, or Colorado River water under Federal, State, or other law.

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