Sec. 4. Definitions
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/bill/117/hr/9633/ih/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term 2007 Interim Guidelines means The Final Environmental Impact Statement—Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lake Powell and Lake Mead, dated October 2007, prepared pursuant to the National Environmental Policy Act of 1969, the Council on Environmental Quality’s Regulations for Implementing the Procedural Provisions of NEPA (40 C.F.R. Parts 1500 through 1508), Department of the Interior Policies, and the Bureau of Reclamation’s NEPA Handbook.
The term allottee means an individual who holds a beneficial real property interest in an allotment of Indian land that is— located within the exterior boundaries of a Reservation; and held in trust by the United States. The term Arizona Indian Water Settlement means an Indian water settlement for an Indian Tribe located within the State that— has been approved and authorized by Congress; and includes as part of the Indian Tribe’s approved and authorized entitlement a judicially decreed entitlement to water for lands located within the boundaries of the State.
The term Arizona Tribe means an Indian Tribe with lands located within the State that has a decreed water right. The term decreed water right means an entitlement to water included in any final decree entered by a Federal court on behalf of an Arizona Tribe that is appurtenant to lands located within such Arizona Tribe’s Reservation. The term Consumptive Use means— a portion of the decreed water right that has been consumptively used by an Arizona Tribe within the exterior boundary of its Reservation for a minimum of 4 of the 5 calendar years immediately preceding the year of delivery of a portion of the decreed right according to a Lease or Exchange Agreement or Storage Agreement; and any verified reduction in Consumptive Use pursuant to a System Conservation Agreement, a Lease or Exchange Agreement, or Storage Agreement, or from the creation of Intentionally Created Surplus, shall be deemed to be a Consumptive Use in the year in which the reduction occurred, if the reduction is reflected in the Water Accounting Report.
The term Intentionally Created Surplus or ICS means water that is conserved to Lake Mead for future use by a water user pursuant to the 2007 Interim Guidelines. The term Lease or Exchange Agreement means an agreement to lease or exchange, or an option to lease or exchange, a portion of the Consumptive Use off of a Reservation. The term Lower Basin has the meaning given the term in article II(g) of the Colorado River Compact of 1922, as approved by Congress in section 13 of the Boulder Canyon Project Act ( 43 U.S.C. 617l ), and by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000).
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 governmental entity, or a political subdivision or municipal corporation organized under, or subject to, the constitution and laws of the State. The term Reservation means the reservation established for each Arizona Tribe but only as to those reservation lands that are located in the State.
The term Secretary means the Secretary of the Interior. The term State means the State of Arizona. The term storage means the underground storage, in accordance with State law, of a portion of the Consumptive Use off of the Reservation within the Lower Basin in the State. The term Storage Agreement means an agreement, including with the Arizona Water Banking Authority (or successor agency or entity), for the storage of a portion of the Consumptive Use, or the water received under an exchange pursuant to an Lease or Exchange Agreement, or more underground storage facilities or groundwater savings facilities located in the State.
The term Water Accounting Report means the annual report of the Bureau of Reclamation entitled the Colorado River Accounting and Water Use Report: Arizona, California, and Nevada .
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