Sec. 3. Definitions

1,026 words·~5 min read·/bill/118/s/4998/is/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 Acequia means each of the Bluewater Toltec Irrigation District, La Acequia Madre del Ojo del Gallo, Moquino Water Users Association II, Murray Acres Irrigation Association, San Mateo Irrigation Association, Seboyeta Community Irrigation Association, Cubero Acequia Association, Cebolletita Acequia Association, and Community Ditch of Rio San José de la Cienega. The term Adjudication means the general adjudication of water rights entitled State of New Mexico, ex rel.

State Engineer v. Kerr-McGee, et al. , No. D–1333–CV–1983–00190 and No. D–1333–CV–1983–00220 (consolidated) pending, as of the date of enactment of this Act, in the Decree Court. The term Agreement means— the addendum dated June 11, 2024, to, and as provided in Article 17 of, the document entitled Rio San José Stream System Water Rights Local Settlement Agreement Among the Pueblo of Acoma, the Pueblo of Laguna, the Navajo Nation, the State of New Mexico, the City of Grants, the Village of Milan, the Association of Community Ditches of the Rio San José and Nine Individual Acequias and Community Ditches and dated May 13, 2022, and the attachments thereto and to the addendum; and any amendment to the documents referred to in subparagraph

(A)(including an amendment to an attachment) that is executed to ensure that the Agreement is consistent with this Act. The term Allotment means a parcel of land that is— located within— the Rio Puerco Basin; or the Rio San José Stream System; and held in trust by the United States for the benefit of— 1 or more individual Indians; or an Indian Tribe holding an undivided fractional beneficial interest. The term Allottee means— an individual Indian holding a beneficial interest in an Allotment; or an Indian Tribe holding an undivided fractional beneficial interest in an Allotment. The term Decree Court means the Thirteenth Judicial District Court of the State of New Mexico. The term Enforceability Date means the date described in section 8. The terms Navajo Nation , Navajo , and Nation mean the body politic and federally recognized Indian nation, as published on the list required under section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ), also known variously as the Navajo Nation of Arizona, New Mexico, & Utah , and the Navajo Nation of Indians and other similar names. The terms Navajo Nation , Navajo , and Nation include all bands of Navajo Indians and chapters of the Navajo Nation and all divisions, agencies, officers, and agents thereof. The terms Navajo Nation Lands and Navajo Lands mean any real property— in the Rio San José Stream System that is held by the United States in trust for the Navajo Nation, or owned by the Navajo Nation, as of the Enforceability Date; or in the Rio Puerco Basin that is held by the United States in trust for the Navajo Nation, or owned by the Navajo Nation, as of the Enforceability Date. The terms Navajo Nation Lands and Navajo Lands include land placed in trust with the United States subsequent to the Enforceability Date for the Navajo Nation in the Rio San José Stream System and in the Rio Puerco Basin. The terms Navajo Nation Lands and Navajo Lands do not include Allotments. The term Navajo Nation Water Code means the water code enacted in 1984 by the Navajo Nation Council through Resolution CAU–34–84. (22 N.N.C. 1101 et seq.). The term Navajo Nation Water Use Permit means a document specifying terms and conditions for diversion and use of water on Navajo Nation Lands issued by the Navajo Nation within the scope of its authority under the Navajo Nation Water Code and the Settlement Agreement. The term Navajo Nation’s Water Rights means— the water rights of the Navajo Nation in the Rio San José Stream System— as identified in the Agreement and section 5; and as confirmed in the Navajo Partial Final Judgment and Decree; and the water rights of the Navajo Nation in the Rio Puerco Basin, as identified in the Agreement and section 5. The term Navajo Nation's Water Rights does not include— any interest that the Nation may have in an Allotment that is determined by the Secretary to be patented pursuant to section 1 of the Act of February 8, 1887 (commonly known as the Indian General Allotment Act ) (24 Stat. 388, chapter 119; 25 U.S.C. 331 ) (as in effect on the day before the date of enactment of the Indian Land Consolidation Act Amendments of 2000 ( Public Law 106–462 ; 114 Stat. 1991)); or any undivided interest that the Nation may have in an Allotment that is determined by the Secretary to be patented pursuant to an authority other than section 1 of the Act of February 8, 1887 (commonly known as the Indian General Allotment Act ) (24 Stat. 388, chapter 119; 25 U.S.C. 331 ) (as in effect on the day before the date of enactment of the Indian Land Consolidation Act Amendments of 2000 ( Public Law 106–462 ; 114 Stat. 1991)). The term Navajo Partial Final Judgment and Decree means a final or interlocutory partial final judgment and decree entered by the Decree Court with respect to the Navajo Nation’s Water Rights— that is substantially in the form described in article 17.14.7.2 of the Agreement, as amended to ensure consistency with this Act; and from which no further appeal may be taken. The term Navajo Trust Fund means the Navajo Nation Rio San José Settlement Trust Fund established under section 6(a). The term Rio Puerco Basin means the area defined by the United States Geological Survey Hydrologic Unit Codes

(HUC)13020204 (Rio Puerco subbasin) and 13020205 (Arroyo Chico subbasin), including the hydrologically connected groundwater. The term Rio San José Stream System means the geographic extent of the area involved in the Adjudication pursuant to the description filed in the Decree Court on November 21, 1986. 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 and all officers, agents, departments, and political subdivisions of the State of New Mexico.

Connectionstraces to 3

Traces to 3 documents

U.S. Code

statutes-at-large