Sec. 3. Definitions

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In this Act: The term AFY means acre-feet per Year. The term Agreement means

(A)the Yavapai-Apache Nation Water Rights Settlement Agreement dated June 26, 2024; and

(B)any amendment or exhibit (including exhibit amendments) to the Agreement that are

(i)made in accordance with the Act, or

(ii)otherwise approved by the Secretary and the Parties to the Agreement. The term Allottee means

(A)an individual Indian holding an undivided fractional beneficial interest in the Dinah Hood Allotment; or

(B)an Indian Tribe holding an undivided fractional beneficial interest in the Dinah Hood Allotment. The term Arizona Water Banking Authority means the Arizona Water Banking Authority, formed pursuant to A.R.S. §§ 45–2401 et seq. The term Available CAP Supply means for any Year

(A)all Fourth Priority River Water available for delivery through the CAP;

(B)water available from CAP dams and reservoirs other than the Modified Roosevelt Dam; and

(C)return flows captured by the Secretary for CAP use. The term Bureau of Reclamation means the United States Bureau of Reclamation. The term CAP or 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 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 or entity that has entered into a CAP Contract. The term CAP Contractor includes the Yavapai-Apache Nation. 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 Indian Priority Water means water within the Available CAP Supply having an Indian delivery priority. The term CAP Operating Agency means— the 1 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, is CAWCD. The term CAP Pumping Energy Charge means the term Pumping Energy Charge in the CAP Repayment Stipulation. The term CAP Repayment Contract means— the contract dated December 1, 1988 (Contract No. 14–06–W–245, Amendment No. 1), between the United States and the Central Arizona Water Conservation District for the Delivery of Water and Repayment of Costs of the CAP; 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, et al., numbered CIV 95–625–TUC–WDB–EHC and CIV 95–1720–PHX–EHC. The term CAPSA means the Central Arizona Project Settlement Act of 2004, Title I of the Arizona Water Settlements Act, P.L. 108–451, 118 Stat. 3478 (2004). 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 or entity 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 (A), (B), (C), or (D); and any extension of, addition to, or replacement of a feature described in Subparagraph (A), (B), (C), (D), or (E). The term CAP System Use Agreement means that certain Central Arizona Project System Use Agreement dated February 2, 2017, between the United States of America and the Central Arizona Water Conservation District. The term CAP Water has the meaning given the term Project Water in the CAP Repayment Stipulation. The term CAWCD means the political subdivision of the State that is the contractor under the CAP Repayment Contract and is the CAP Operating Agency as of the date of enactment of the Act. The term C.C. Cragin Dam and Reservoir means— the C.C. Cragin Dam and Reservoir located on East Clear Creek in Coconino County, Arizona, owned by the United States and operated by the Salt River Project Agricultural Improvement and Power District; associated facilities located in Gila and Coconino Counties, Arizona, including pipelines, tunnels, buildings, hydroelectric generating facilities and other structures of every kind; transmission, telephone and fiber optic lines; pumps, machinery, tools and appliances; and all real or personal property, appurtenant to or used, or constructed or otherwise acquired to be used, in connection with the C.C. Cragin Dam and Reservoir. The term C.C. Cragin Dam and Reservoir does not include the Cragin-Verde Pipeline Project. The term Commissioner means the Commissioner of the Bureau of Reclamation. The term Cragin Capital Costs means all costs incurred by SRP for the acquisition and improvement of land, facilities, equipment, and inventories related to the C.C. Cragin Dam and Reservoir, which shall include: labor, overhead, materials, supplies, spare parts, equipment purchase and rental, and transportation. Prior to May 1, 2009, all expenses incurred by SRP are accrued as Cragin Capital Costs excluding capital costs of the SRP-Cragin Pumping System. The term Cragin O&M Costs means all costs incurred by SRP for the operation and maintenance of all C.C. Cragin facilities, except for those costs defined as Cragin Capital Costs. Such costs shall include costs for the following items: insurance, inspections, permits, taxes, fees, licenses, contract services, legal services, accounting, travel, environmental compliance, repairs, testing, labor, salaries, overhead, materials, supplies, expenses, equipment, vehicles, energy, fuel, and any cost borne by SRP prior to the assumption of care, operation, and maintenance of the Cragin-Verde Pipeline Project by SRP from the United States pursuant to the 1917 Agreement, excluding O&M Costs and A&G Costs of SRP-Cragin Pumping System as defined in the YAN-SRP Water Delivery and Use Agreement. The term Cragin-Verde Pipeline Project means the water infrastructure project under the Tú ńlį́į́níchoh Water Infrastructure Project, as described in section 103(b) of this Act, which will deliver water from the C.C. Cragin Dam and Reservoir to the Yavapai-Apache Nation, and to other beneficiaries in accordance with section 114(a) of the Act. The term “CAP/SRP Interconnection Facility” means the interconnection facility that connects the Hayden-Rhodes Aqueduct of the CAP System to SRP’s water delivery system. The term Date of Substantial Completion means the date described in section 103(d). The term Depletion or Deplete means the amount of Water Diverted less return flows to the Verde River Watershed. The term Dinah Hood Allotment means the tract of land allotted pursuant to Section 4 of the General Allotment Act of 1887, 24 Stat. 389, ch. 119 (formerly codified at 25 U.S.C. § 334) that is held in trust by the United States for the benefit of Allottees under patent number 926562, as described and depicted in Exhibit 2.37 to the Agreement. The term Diversion means an act to Divert. The term Divert or Diverting means to receive, withdraw or develop and produce or capture Water

(A)using a ditch, canal, flume, bypass, pipeline, pit, collection or infiltration gallery, conduit, well, pump, turnout, dam, or any other mechanical device; or

(B)by any other human act. The term Domestic Use means, for purposes of Paragraph 13.0 of the Agreement and section 108 of this Act, a Use of Water serving a residence, or multiple residences up to a maximum of three residential connections, for household purposes with associated irrigation of lawns, gardens or landscape in an amount of not more than one-half acre per residence. Domestic Use does not include the Use of Water delivered to a residence or multiple residences by a city, town, private water company, irrigation provider or special taxing district established pursuant to Title 48, Arizona Revised Statutes. The term Effective Date means the date that the Agreement is signed by all of the Parties, other than the United States. The term Effluent means water that—(A) has been used in the State for domestic, municipal, or industrial purposes, other than solely for hydropower generation; and

(B)is available for reuse for any purpose in accordance with applicable law and the Agreement, regardless of whether the water has been treated to improve the quality of the water. The term Enforceability Date means the date described in section 112. The term Exchange means a trade between 1 or more persons or entities, of any water for any other water, if each person or entity has a right or claim to use the water the person or entity provides in the trade, regardless of whether the water is traded in equal quantities or other consideration is included in the trade. The term Federal Land means the land described in section 201(a)(5). The term Forest Service means the United States Forest Service. The term Fourth Priority Water means Colorado River water available for delivery within the State for satisfaction of entitlements

(A)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 subsequent to September 30, 1968, for use on Federal, State, or privately owned lands in the State, in a total quantity not to exceed 164,652 AFY of diversions; and

(B)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 Gila River Adjudication Proceedings 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 Proceedings. The term Groundwater means all water beneath the surface of the Earth within the State that is not—(A) Surface Water;

(B)Effluent; or

(C)Colorado River Water. The term Impoundment means any human-made permanent body of water on the surface of the Earth, including Stockponds, lakes, Effluent ponds, open-air water storage tanks, irrigation ponds, and gravel pits. For purposes of the Agreement and this Act, the term Impoundment does not include recharge basins or swimming pools. The term Indian Tribe shall have 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 an interference with, diminution of, or deprivation of Water Rights under Federal, State or other law. The term Injury to Water Rights includes a change in the Groundwater table and any effect of such a change. The term Injury to Water Rights does not include any injury to water quality. The term Interim Period means the period beginning on the Effective Date and ending on the Date of Substantial Completion. The term Lease Agreement means any agreement entered into between the Yavapai-Apache Nation, the Secretary, and any other person or entity pursuant to the agreement. The term Leased Water means the YAN CAP Water that is leased pursuant to a Lease Agreement. The term M&I Use or M&I Uses means the Use of Water for domestic, municipal, industrial, and commercial purposes. The term Maximum Annual Depletion Amount means the maximum amount of Water Depleted per Year for each Water Right set forth in Subparagraph 4.1 of the Agreement. The term Maximum Annual Diversion Amount means the maximum amount of Water Diverted per Year for each Water Right set forth Subparagraph 4.1 the Agreement. The term Member means any person duly enrolled as a member of the Yavapai-Apache Nation. The term Municipal Water Provider means a city, town, private water company, specially designated homeowners association, or any special taxing district established pursuant to Title 48 of the Arizona Revised Statutes that supplies water for M&I Use. The term Non-Federal Land means the land described in section 201(a)(4). The term OM&R means—(A) any recurring or ongoing activity relating to the day-to-day operation of a project;

(B)any activity relating to scheduled or unscheduled maintenance of a project; and

(C)any activity relating to replacing a feature of a project. The term Party means a person or entity that is a signatory to the Agreement. The participation of the State as a Party shall be as described in Subparagraph 17.5 in the Agreement. The United States participation as a Party shall be in the capacity as described in Subparagraph 2.80 of the Agreement. The term Public Water System means a water system that—(A) provides water for human consumption through pipes or other constructed conveyances; and

(B)has at least fifteen service connections or regularly serves an average of at least twenty-five persons daily for at least sixty days a year. The term Replacement Well means a well that—(A) is constructed to replace a well in existence on the Effective Date;

(B)is located no more than 660 feet from the well being replaced; and

(C)has a pumping capacity and case diameter that do not exceed the pumping capacity and case diameter of the well being replaced. The term Secretary means the Secretary of the United States Department of the Interior or the Secretary’s designee. The term SRP means the Salt River Project Agricultural Improvement and Power District, a political subdivision of the State, and the Salt River Valley Water Users’ Association, an Arizona Territorial Corporation. The term SRP Water means the Water made available in Subparagraph 8.1 of the Agreement, not to exceed an average of 500 AFY, up to maximum of 583.86 acre-feet in any given Year, to be stored in C.C. Cragin Reservoir, without cost to SRP, and delivered for Use on the Reservation, YAN Trust Land, and YAN After-Acquired Trust Land for beneficial purposes. The term SRRD means the Salt River Reservoir District as defined on December 31, 2023 in Article IV, Section 3, of the Articles of Incorporation of the Salt River Valley Water Users’ Association. The term State means the State of Arizona. The term Stockpond means an on-channel or off-channel impoundment of any size that stores water that is appropriable under Title 45, Arizona Revised Statutes, and that is for the sole purpose of watering livestock and wildlife. The term Stock Watering Use means the consumption of water by livestock and wildlife, either:

(A)directly from a naturally occurring body of water, such as an undeveloped spring, cienega, seep, bog, lake, depression, sink or stream; or

(B)from small facilities, other than a Stockpond, that are served by a Diversion of Water. The term Surface Water means all Water that is appropriable under State law. The term Total Maximum Annual Depletion Amount means the total of all Maximum Annual Depletion Amounts as described in Subparagraph 4.1 of the Agreement. The term Total Maximum Annual Diversion Amount means the total of all Maximum Annual Diversion Amounts as described in Subparagraph 4.1 of the Agreement. The term Tú ńlį́į́níchoh Water Infrastructure Project means the water infrastructure project including

(A)the Cragin-Verde Pipeline Project, as described in section 103(b), which will deliver Water from the C.C. Cragin Dam and Reservoir to the Yavapai-Apache Nation and to other beneficiaries in the Verde Valley Watershed; and

(B)the YAN Drinking Water System Project, as described in section 103(c), which will treat and distribute the water delivered from the Cragin-Verde Pipeline Project. The term Use means any beneficial use, including instream flows, recharge, underground storage, recovery or any other use recognized as beneficial under applicable law. The term USGS means the United States Geological Survey. The term Verde River Decree means the decree to be entered by the Gila River Adjudication Court adjudicating all rights to water in the Verde River Watershed. The term Verde River Subflow Zone means the area in the Verde River Watershed delineated by the Arizona Department of Water Resources as the subflow zone on a map or maps that are approved by the Gila River Adjudication Court. The term Verde River Water means the Water as described in Paragraph 5.0 of the Agreement, whether Diverted from the stream or pumped from a well. The term Verde River Watershed means all lands located within the surface water drainage of the Verde River and its tributaries, depicted on the map attached as Exhibit 2.86 to the Agreement. The term Water, when used without a modifying adjective, means—(A) Groundwater;

(B)Surface Water;

(C)Colorado River Water;

(D)Effluent; or

(E)CAP Water. The term Water Right means any right in or to Groundwater, Surface Water, Colorado River Water, or Effluent under Federal, State, or other law. The term YAN After-Acquired Trust Land means lands that is taken into trust by the United States for the benefit of the Yavapai-Apache Nation pursuant to applicable federal law after the Enforceability Date. The term YAN Amended CAP Water Delivery Contract means—(A) the proposed contract between the Yavapai-Apache Nation and the United States attached as Exhibit 6.1 to the Agreement and numbered _____; and any amendments to that contract. The term YAN CAP Water means CAP Water to which the Yavapai-Apache Nation is entitled pursuant to the Agreement and section 111 of this Act, and as provided in the YAN Amended CAP Water Delivery Contract. The term YAN Cragin Water means that amount of the water made available in Subparagraph 8.2 of the Agreement, not to exceed an average of 2,910.26 AFY, up to a maximum of 3,394.06 acre-feet in any given Year, to be stored in C.C. Cragin Dam and Reservoir, without cost to SRP, and delivered for Use on the Yavapai-Apache Reservation, YAN Trust Land, and YAN After-Acquired Trust Land for beneficial purposes. The term YAN Delivery Point means the point or points located at the end of the Cragin-Verde Pipeline Project where Water may be delivered to the YAN or the United States acting as trustee for the YAN pursuant to the YAN-SRP Water Delivery and Use Agreement. The term YAN Districts means

(A)the Camp Verde District;

(B)the Middle Verde District;

(C)the Montezuma District;

(D)the Clarkdale District; and

(E)the Rimrock District, of the Yavapai-Apache Reservation, each of which districts is separately depicted in Exhibits 2.96A, 2.96B, 2.96C, 2.96D and 2.96E to the Agreement, and any additions to a YAN District under applicable law. The term YAN Drinking Water System Project or Yavapai-Apache Drinking Water System Project means the Yavapai-Apache Nation’s water treatment and water distribution system project under the Tú ńlį́į́níchoh Water Infrastructure Project, as described in section 103(c) of the Act, that will treat and distribute water delivered from the C.C. Cragin Reservoir. The term YAN Fee Land means land that, as of the Enforceability Date, is:

(A)located outside the exterior boundaries of the Yavapai-Apache Reservation;

(B)owned in fee by the Yavapai-Apache Nation and has not been taken into trust by the United States for the benefit of the Yavapai-Apache Nation; and

(C)described and shown in Exhibit 2.98 to the Agreement. The term YAN Judgment means the judgment and decree entered by the Gila River Adjudication Court as described in the Agreement. The term YAN Land means, collectively, the YAN Reservation, YAN Trust Land and YAN Fee Land. The term YAN Point of Compliance means the location of the Verde River proximate to USGS gage number 09504950 identified as the Verde River Above Camp Verde gage, located at Global Positioning System coordinates 34.6116972, -111.8984306 within the Middle Verde District of the Reservation. The term YAN Pumped Water means the Water pumped from beneath the surface of the Earth, regardless of its legal characterization as appropriable or non-appropriable under Federal, State or other law. The term YAN-SRP Exchange Agreement means that agreement between the Nation and SRP, as approved by the United States, in the form substantially similar to that attached as Exhibit 6.5 to the Agreement. The term YAN-SRP Water Delivery and Use Agreement or YAN-SRP WDUA means that agreement between the Nation and SRP, as approved by the United States, in the form substantially similar to that attached as Exhibit 10.1 to the Agreement. The term Yavapai-Apache Nation , YAN , or Nation means the Yavapai-Apache Nation of the Camp Verde Indian Reservation, Arizona, a federally recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganization Act of June 18, 1934, 48 Stat. 987 ( 25 U.S.C. 5123 ). The term YAN Trust Land means land that, as of the Enforceability Date, is—(A) located outside the boundaries of the YAN Reservation;

(B)held in trust by the United States for the benefit of the YAN; and

(C)depicted on the map attached as Exhibit 2.102 to the Agreement. The term Yavapai-Apache Reservation , YAN Reservation or Reservation means the land described in section 110(a). The term Year

(A)when used in the context of deliveries of YAN Cragin Water and SRP Water pursuant to Paragraph 8.0 of the Agreement, means May 1 through April 30; and

(B)in all other instances, the term Year means a calendar year.

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