Sec. 3. Definitions

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In this Act: The term AFY means acre-feet per Year. The term Agreement means— the Yavapai-Apache Nation Water Rights Settlement Agreement, dated June 26, 2024; and any amendment or exhibit (including exhibit amendments) to the Agreement that are— made in accordance with the Act; or otherwise approved by the Secretary and the Parties to the Agreement. The term Allottee means— an individual Indian holding an undivided fractional beneficial interest in the Dinah Hood Allotment; or an Indian Tribe holding an undivided fractional beneficial interest in the Dinah Hood Allotment.

The term Available CAP Supply , for any Year, means— all Fourth Priority River Water available for delivery through the CAP; water available from CAP dams and reservoirs other than the Modified Roosevelt Dam; and return flows captured by the Secretary for CAP use. 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 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, the CAWCD. 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 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 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 of 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 CAWCD means the political subdivision of the State that is— the contractor under the CAP Repayment Contract; and as of the date of enactment of the Act, the CAP Operating Agency. 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, including transmission, telephone and fiber optic lines and 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 dam and reservoir and associated facilities described in clauses

(i)and (ii). The term C.C. Cragin Dam and Reservoir does not include the Cragin-Verde Pipeline Project. The term Colorado River Water means the waters of the Colorado River apportioned for Use within the State by— sections 4 and 5 of the Boulder Canyon Project Act ( 43 U.S.C. 617c , 617d); the Upper Colorado River Basin Compact of 1948, as ratified and reprinted in title 45, chapter 7, article 3 of the Arizona Revised Statutes; the Colorado River Basin Project Act ( 43 U.S.C. 1501 et seq. ); the contract for delivery of water between the United States and the State, dated February 9, 1944; and the decree of the Supreme Court of the United States in Arizona v. California, 376 U.S. 340 (1964), the Consolidated Decree entered on March 27, 2006, in that case (547 U.S. 150), and any modifications thereof. The term Colorado River Water — shall only be used for purposes of interpreting the Agreement and this Act; and shall not be used for any interpretation of existing law, contract, or decree, including any law, contract, or decree described in clauses

(i)through

(v)of subparagraph (A). The term Commissioner means the Commissioner 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. The term Cragin Capital Costs includes all costs for 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 Dam and Reservoir facilities. The term Cragin O&M Costs includes— costs for 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, and 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 contract between the United States and the Salt River Valley Water Users’ Association dated September 6, 1917, as amended. The term Cragin O&M Costs does not include— Cragin Capital Costs; or O&M Costs and administrative and general costs of the 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 6(b), which will deliver water from the C.C. Cragin Dam and Reservoir to the Yavapai-Apache Nation, and to other beneficiaries in accordance with the amendments made by section 17(a). The term Date of Substantial Completion means the date described in section 6(d). The terms Depletion and Deplete mean 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 Act of February 8, 1887 (commonly known as the Indian General Allotment Act ) (24 Stat. 389, chapter 119; 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 terms Divert and Diverted mean to receive, withdraw, or develop and produce or capture Water— using a ditch, canal, flume, bypass, pipeline, pit, collection or infiltration gallery, conduit, well, pump, turnout, dam, or any other mechanical device; or by any other human act. The term Domestic Use , for purposes of paragraph 13.0 of the Agreement and section 11, means a Use of Water serving a residence, or multiple residences up to a maximum of 3 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. The term 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 of the 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— 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 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 15. 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 Fourth Priority Water means Colorado River Water available for delivery within the State for 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 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 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 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 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 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 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. The term Impoundment does not include recharge basins or swimming pools. 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 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 M&I Use 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 described 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 described in subparagraph 4.1 of 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 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 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 of the Agreement. The participation of the United States 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— provides water for human consumption through pipes or other constructed conveyances; and has at least 15 service connections or regularly serves an average of at least 25 persons daily for at least 60 days a year. The term Replacement Well means a well that— is constructed to replace a well in existence on the Effective Date; is located no more than 660 feet from the well being replaced; and 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 Interior. 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 a 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 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 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— directly from a naturally occurring body of water, such as an undeveloped spring, cienega, seep, bog, lake, depression, sink or stream; or 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 described in section 6(a), including— the Cragin-Verde Pipeline Project, as described in section 6(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 the YAN Drinking Water System Project, as described in section 6(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 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 land located within the surface water drainage of the Verde River and its tributaries, depicted on the map attached as Exhibit 2.88 to the Agreement. The term Water , when used without a modifying adjective, means— Groundwater; Surface Water; Colorado River Water; Effluent; or 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 land 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— the proposed contract between the Yavapai-Apache Nation and the United States attached as Exhibit 6.1 to the Agreement; 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 14; 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 terms YAN Drinking Water System Project and Yavapai-Apache Nation Drinking Water System Project mean the water treatment and water distribution system project of the Yavapai-Apache Nation under the Tú ńlį́į́níchoh Water Infrastructure Project, as described in section 6(c), that will treat and distribute water delivered from the C.C. Cragin Dam and Reservoir. The term YAN Fee Land means land that, as of the Enforceability Date, is— located outside the exterior boundaries of the Yavapai-Apache Reservation; 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 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 GPS coordinates 34.6116972, −111.8984306 within the Reservation. The term YAN-SRP Exchange Agreement means the 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 means the 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 terms Yavapai-Apache Nation , YAN , and Nation mean the Yavapai-Apache Nation of the Camp Verde Indian Reservation, Arizona, a federally recognized Indian Tribe organized pursuant to section 16 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) (48 Stat. 987, chapter 576; 25 U.S.C. 5123 ). The term YAN Trust Land means land that, as of the Enforceability Date, is— located outside the boundaries of the YAN Reservation; held in trust by the United States for the benefit of the YAN; and depicted on the map attached as Exhibit 2.103 to the Agreement. The terms Yavapai-Apache Reservation , YAN Reservation or Reservation mean the land described in section 13(a). The term Year — 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 in all other instances, means a calendar year.

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