Sec. 3. Definitions
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/bill/118/hr/8685/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term Adjudication means the general stream adjudication of water rights in the Rio Chama Stream System entitled State of New Mexico ex rel. State Engineer v. Aragon , Civil No. 69–CV–07941–KWR/KK, pending, as of the date of enactment of this Act, in the United States District Court for the District of New Mexico. The term Agreement means— the document entitled Ohkay Owingeh Rio Chama Water Rights Settlement and dated July 5, 2023, and the exhibits attached thereto; and any amendment to the document referred to in subparagraph
(A)(including an amendment to an exhibit thereto) that is executed to ensure that the Agreement is consistent with this Act. The term bosque means a gallery forest located along the riparian floodplain of a stream, riverbank, or lake. The term City of Española means a municipal corporation of the State. The term Enforceability Date means the date described in section 8 . The terms Ohkay Owingeh and Pueblo mean the body politic and federally recognized Indian nation. The term Partial Final Judgment and Decree means a final or interlocutory partial final judgment and decree entered by the United States District Court for the District of New Mexico with respect to the water rights of Ohkay Owingeh in the Rio Chama Stream System— that is substantially in the form described in the Agreement, as amended to ensure consistency with this Act; and from which no further appeal may be taken. The term Pueblo Grant means the land recognized and confirmed by the Federal patent issued to Ohkay Owingeh (then known as the Pueblo of San Juan ) under the Act of December 22, 1858 (11 Stat. 374, chapter V). The term Pueblo Land means any real property that is— held by the United States in trust for Ohkay Owingeh within the Rio Chama Stream System; owned by the Pueblo within the Rio Chama Stream System before the Enforceability Date; or acquired by the Pueblo within the Rio Chama Stream System on or after the Enforceability Date if the real property is located— within the exterior boundaries of the Pueblo Grant; or within the exterior boundaries of any territory set aside for the Pueblo by law, Executive order, or court decree. The term Pueblo Water Rights means the water rights of Ohkay Owingeh in the Rio Chama Stream System— as identified in the Agreement and section 5 ; and as confirmed in the Partial Final Judgment and Decree. The term Rio Chama Stream System means the Rio Chama surface water drainage basin within the State, as illustrated in Exhibit A to the Agreement. The term Secretary means the Secretary of the Interior. The term Signatory Acequia means an acequia that is a signatory to the Agreement. The term State means the State of New Mexico. The term Trust Fund means the Ohkay Owingeh Water Rights Settlement Trust Fund established under section 6(a).
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