Sec. 3. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term 1882 Reservation means— land within the exterior boundaries of the Hopi Indian Reservation defined as District 6 in Healing v. Jones, 210 F. Supp. 125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 758 (1963), and Masayesva for and on Behalf of Hopi Indian Tribe v. Hale, 118 F.3d 1371, 1375–76 (9th Cir. 1997); and all land withdrawn by the Executive order of December 16, 1882, and partitioned to the Hopi Tribe in accordance with section 4 of the Act of December 22, 1974 ( Public Law 93–531 ; 88 Stat. 1713), by Judgment of Partition, February 10, 1977, Sekaquaptewa v.

MacDonald, Case No. CIV–579–PCT–JAW (D. Ariz.), aff’d, 626 F.2d 113 (9th Cir. 1980). The term AFY means acre-feet per year. The term Arizona 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; the contract for delivery of water between the United States and the State, dated February 9, 1944; and the Decree.

The term Arizona Colorado River Water — shall only be used for purposes of interpreting the Settlement Agreement and this Act; and shall not be used for any interpretation of existing law or contract, including any law or contract described in clauses

(i)through

(iv)of subparagraph (A). The term Arizona Department of Water Resources means the agency of the State established pursuant to section 45–102 of the Arizona Revised Statutes, or a successor agency or entity. The term Arizona Lower Basin Colorado River Water means the 2,800,000 AFY of consumptive use of Colorado River Water apportioned to the State in article II(B)(1) of the Decree. The term Arizona Upper Basin Colorado River Water means the 50,000 AFY of consumptive use of Colorado River Water apportioned to the State in the Upper Colorado River Basin Compact of 1948. The term Bureau means the Bureau of Reclamation. AP ; central arizona project The terms CAP and Central Arizona Project mean the Federal 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. ). AP repayment contract 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 the repayment of costs of the Central Arizona Project; and any amendment to, or revision of, that contract. AWCD ; central arizona water conservation district The terms CAWCD and Central Arizona Water Conservation District mean the political subdivision of the State that is the contractor under the CAP Repayment Contract. The term Cibola Water means the entitlement of the Hopi Tribe to the diversion of up to 4,278 AFY of the Fourth Priority Water described in the Hopi Tribe Existing Cibola Contract. The term Colorado River Compact means the Colorado River Compact of 1922, as ratified and reprinted in article 2 of chapter 7 of title 45, Arizona Revised Statutes. The term Colorado River System has the meaning given the term in article II(a) of the Colorado River Compact. The term Decree , when used without a modifier, means— the decree of the Supreme Court of the United States in Arizona v. California, 376 U.S. 340

(1964)or the consolidated decree entered on March 27, 2006, in Arizona v. California, 547 U.S. 150 (2006); and any modification to a decree described in subparagraph (A). The term diversion means an act to divert. The term divert means to receive, withdraw, develop, 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 any other human act to capture water. The term Effective Date means the date as of which the Settlement Agreement has been executed by not fewer than 30 of the Parties, including— the Navajo Nation; the Hopi Tribe; the San Juan Southern Paiute Tribe; the State; the Arizona State Land Department; the Central Arizona Water Conservation District; the Salt River Project Agricultural Improvement and Power District; and the Salt River Valley Water Users’ Association. 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, 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 16(a). The term Fifth Priority Water has the meaning given the term in the Hopi Tribe Existing Cibola Contract. 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 after September 30, 1968, for Use on Federal, State, or privately-owned land in the State, in a total quantity not greater than 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 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. The term Gila River Adjudication Decree means the judgment or decree entered by the Gila River Adjudication Court in substantially the same form as the form of judgment attached as Exhibit 3.1.47 to the Settlement Agreement. The term Groundwater means all water beneath the surface of the earth within the State that is not— Surface Water; Colorado River Water; or Effluent. The term Hopi Allotment means any of the 11 parcels 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 are— located within the exterior boundaries of the Hopi Reservation; and held in trust by the United States for 1 or more individual Indians under allotment record numbers AR-39, AR-40, AR-41, AR-42, AR-43, AR-44, AR-45, AR-46, AR-47, AR-48, and AR-49. The term Hopi Allottee means— an individual Indian holding a beneficial interest in a Hopi Allotment; or an Indian Tribe holding an undivided fractional beneficial interest in a Hopi Allotment. The term Hopi Fee Land means land, other than Hopi Trust Land, that— is located in the State; is located outside the exterior boundaries of the Hopi Reservation; and as of the Enforceability Date, is owned by the Hopi Tribe in its own name or through an entity wholly owned or controlled by the Hopi Tribe. The term Hopi Land means— the Hopi Reservation; Hopi Trust Land; and Hopi Fee Land. The term Hopi Reservation means— land within the exterior boundaries of the Hopi Indian Reservation defined as District 6 in Healing v. Jones, 210 F. Supp. 125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 758 (1963), and Masayesva for and on Behalf of Hopi Indian Tribe v. Hale, 118 F.3d 1371, 1375–76 (9th Cir. 1997); land withdrawn by the Executive Order of December 16, 1882, and partitioned to the Hopi Tribe in accordance with the Act of December 22, 1974 ( Public Law 93–531 ; 88 Stat. 1713), by Judgment of Partition, February 10, 1977, Sekaquaptewa v. MacDonald, Case No. CIV–579–PCT–JAW (D. Ariz.), aff’d, 626 F.2d 113 (9th Cir. 1980); and land recognized as part of the Hopi Reservation in Honyoama v. Shirley, Jr., Case No. CIV 74–842–PHX–EHC (D. Ariz. 2006). Subject to subparagraph (C), the descriptions of the Hopi Reservation in clauses

(i)through

(iii)of subparagraph

(A)are generally shown on the map attached as Exhibit 3.1.56 to the Settlement Agreement. In the case of a conflict between the definition in subparagraph

(A)and Exhibit 3.1.56 of the Settlement Agreement, the definition in that subparagraph shall control. The term Hopi Tribe means the Hopi Tribe, a tribe of Hopi Indians— organized under 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 ); and recognized by the Secretary in the notice of the Secretary entitled Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs (89 Fed. Reg. 944 (January 8, 2024)). The term Hopi Tribe Agricultural Conservation Trust Fund Account means the account— established under to section 11(b)(3); and described in subparagraph 12.3.3 of the Settlement Agreement. The term Hopi Tribe Cibola Water means the Fourth Priority Water, Fifth Priority Water, and Sixth Priority Water to which the Hopi Tribe is entitled pursuant to subparagraphs 5.8.2 and 5.8.3 of the Settlement Agreement. The term Hopi Tribe Existing Cibola Contract means Contract No. 04–XX–30–W0432 between the United States and the Hopi Tribe, as amended and in full force and effect as of the Effective Date. The term Hopi Tribe Groundwater Projects means the projects described in— section 11(f)(1); and subparagraph 12.3.1 of the Settlement Agreement. The term Hopi Tribe Groundwater Projects Trust Fund Account means the account— established under section 11(b)(1); and described in subparagraph 12.3.1 of the Settlement Agreement. The term Hopi Tribe Lower Basin Colorado River Water Acquisition Trust Fund Account means the account— established under section 11(b)(4); and described in subparagraph 12.3.4 of the Settlement Agreement. The term Hopi Tribe OM&R Trust Fund Account means the account— established under section 11(b)(2); and described in subparagraph 12.3.2 of the Settlement Agreement. The term Hopi Tribe Upper Basin Colorado River Water means the 2,300 AFY of Arizona Upper Basin Colorado River Water allocated to the Hopi Tribe— pursuant to section 6(a)(2) ; and as provided in subparagraphs 5.7 and 11.1.1 of the Settlement Agreement. The term Hopi Tribe Water Delivery Contract means 1 or more contracts entered into by Secretary and the Hopi Tribe in accordance with section 6 and pursuant to paragraph 11 of the Settlement Agreement for the delivery of Hopi Tribe Upper Basin Colorado River Water or Hopi Tribe Cibola Water. The term Hopi Trust Land means land that— is located in the State; is located outside the exterior boundaries of the Hopi Reservation; and as of the Enforceability Date, is held in trust by the United States for the Hopi Tribe. The term iiná bá – paa tuwaqat’si pipeline means the water project described in— section 8; and subparagraph 12.1 of the Settlement Agreement. The term iiná bá – paa tuwaqat’si pipeline Implementation Fund Account means the account— established under section 9(a); and described in subparagraph 12.1.1 of the Settlement Agreement. The term impoundment means a human-made structure used to store water. The term Injury to Water means injury to Water based on changes in or degradation of the salinity or concentration of naturally occurring chemical constituents contained in Water due to a diversion or Use of Water that is not— inconsistent with the Settlement Agreement as revised pursuant to section 16(a)(1) ; inconsistent with this Act; and in violation of State law. 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 does not include any injury to water quality. The term irrigation means the Use of water on 2 or more acres of land to produce plants or parts of plants— for sale or human consumption; or as feed for livestock, range livestock, or poultry. The term LCR means the Little Colorado River. CR adjudication The term LCR Adjudication means the action pending in the Superior Court of the State, in and for the County of Apache, In re: the General Adjudication of All Rights to Use Water in the Little Colorado River System and Source, CIV No. 6417. CR adjudication court The term LCR Adjudication Court means the Superior Court of the State, in and for the County of Apache, exercising jurisdiction over the LCR Adjudication. CR decree The term LCR Decree means the judgment or decree entered by the LCR Adjudication Court in substantially the same form as the form of judgment attached as Exhibit 3.1.82 to the Settlement Agreement. CR watershed The term LCR Watershed means land located within the Surface Water drainage of the LCR and its tributaries in the State, as shown on the map attached as Exhibit 3.1.83 to the Settlement Agreement. The term Lease Period means the period of time during which the Navajo Nation and the Hopi Tribe are authorized to execute leases of Arizona Colorado River Water allocated to the Navajo Nation and the Hopi Tribe under this Act, which shall be determined pursuant to subparagraphs

(C)and

(D)of section 7(b)(2). The term Lower Basin has the meaning given the term in article II(g) of the Colorado River Compact. The term Member means any person duly enrolled as a member of the Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe. The term NAIWRSA System Conservation Program means the 20-year program to store 17,050 AFY of System Conservation Eligible Water in Lake Powell by the Navajo Nation and the Hopi Tribe, as described in section 6(c)(4)(C). The term Navajo Allotment means a parcel of land 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))— originally allotted to an individual identified in the allotting document as a Navajo Indian; located within the exterior boundaries of the Navajo Reservation; and held in trust by the United States for the benefit of 1 or more individual Indians. The term Navajo Allottee means— an individual Indian holding a beneficial interest in a Navajo Allotment; or an Indian Tribe holding an undivided fractional beneficial interest in a Navajo Allotment. The term Navajo Fee Land means land, other than Navajo Trust Land, that— is located in the State; is located outside the exterior boundaries of the Navajo Reservation; and as of the Enforceability Date, is owned by the Navajo Nation, whether in its own name or through an entity wholly owned or controlled by the Navajo Nation. The terms Navajo-Gallup Water Supply Project and Project mean the project authorized, constructed, and operated pursuant to part III of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1379). The term Navajo Land means— the Navajo Reservation; Navajo Trust Land; and Navajo Fee Land. The term Navajo Nation means the Navajo Nation, a body politic and federally recognized Indian nation recognized by the Secretary in the notice of the Secretary entitled Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs (89 Fed. Reg. 944 (January 8, 2024)), and also known variously as the Navajo Tribe , the Navajo Tribe of Arizona, New Mexico & Utah , the Navajo Tribe of Indians , and other similar names. The term Navajo Nation includes all bands of Navajo Indians and chapters of the Navajo Nation. The term Navajo Nation Agricultural Conservation Trust Fund Account means the account— established under section 10(b)(3); and described in subparagraph 12.2.4 of the Settlement Agreement. The term Navajo Nation Cibola Water means the entitlement of the Navajo Nation to the diversion of up to 100 AFY of Fourth Priority Water at the same location and for the same Uses described in the Hopi Tribe Existing Cibola Contract or the delivery and consumptive use of up to 71.5 AFY of Fourth Priority Water at locations and for Uses within the State other than as described in the Hopi Tribe Existing Cibola Contract, which shall have been assigned and transferred by the Hopi Tribe from its Cibola Water under the Hopi Tribe Existing Cibola Contract to the Navajo Nation. The term Navajo Nation Fourth Priority Water means the diversion right to 3,500 AFY of Fourth Priority Water reserved for Use in a Navajo-Hopi Indian water rights settlement under paragraph 11.3 of the Arizona Water Settlement Agreement among the United States, the State, and the Central Arizona Water Conservation District— as authorized by paragraphs

(1)and

(2)of section 106(a) of the Central Arizona Project Settlement Act of 2004 ( Public Law 108–451 ; 118 Stat. 3492); as allocated to the Navajo Nation pursuant to section 6; and as described in subparagraphs 4.9 and 10.1 of the Settlement Agreement. The term Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account means the account— established under section 10(b)(5); and described in subparagraph 12.2.5 of the Settlement Agreement. The term Navajo Nation OM&R Trust Fund Account means the account— established under section 10(b)(2); and described in subparagraph 12.2.2 of the Settlement Agreement. The term Navajo Nation Renewable Energy Trust Fund Account means the account— established under section 10(b)(4); and described in subparagraph 12.2.3 of the Settlement Agreement. The term Navajo Nation Upper Basin Colorado River Water means the 44,700 AFY of Arizona Upper Basin Colorado River Water— allocated to the Navajo Nation pursuant to section 6(a)(1) ; and described in subparagraphs 4.7 and 10.1 of the Settlement Agreement. The term Navajo Nation Water Delivery Contract means 1 or more contracts entered into by the Secretary and the Navajo Nation in accordance with section 6 and pursuant to paragraph 10 of the Settlement Agreement for the delivery of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, or Navajo Nation Fourth Priority Water. The term Navajo Nation Water Projects means the projects described in— section 10(f)(1); and subparagraph 12.2.1 of the Settlement Agreement. The term Navajo Nation Water Projects Trust Fund Account means the account— established under section 10(b)(1); and described in subparagraph 12.2.1 of the Settlement Agreement. The term Navajo Reservation means— land within the exterior boundaries of the Navajo Indian Reservation in the State, as defined by the Act of June 14, 1934 (48 Stat. 960, chapter 521); land withdrawn by the Executive Order of December 16, 1882, and partitioned to the Navajo Nation in accordance with section 8(b) of the Act of December 22, 1974 ( Public Law 93–531 ; 88 Stat. 1715), by Judgment of Partition, February 10, 1977, Sekaquaptewa v. MacDonald, Case No. CIV–579–PCT–JAW (D. Ariz.), aff’d, 626 F.2d 113 (9th Cir. 1980); land taken into trust as a part of the Navajo Reservation before the Effective Date pursuant to the Act of December 22, 1974 ( Public Law 93–531 ; 88 Stat. 1712), a copy of which is attached as Exhibit 3.1.112B to the Settlement Agreement; and any land taken into trust as part of the Navajo Reservation after the Effective Date pursuant to the Act of December 22, 1974 ( Public Law 93–531 ; 88 Stat. 1712), except as provided in subparagraphs 3.1.12, 3.1.13, 3.1.87, 3.1.170, 4.1.5, 4.1.6, 4.6.1, and 8.1.1 of the Settlement Agreement. The term Navajo Reservation does not include land within the Hopi Reservation or the San Juan Southern Paiute Reservation. Subject to subparagraph (D), the descriptions of the Navajo Reservation in clauses

(i)through

(iv)of subparagraph

(A)are generally shown on the map attached as Exhibit 3.1.112A to the Settlement Agreement. In the case of a conflict between the definition in subparagraphs

(A)and

(B)and Exhibit 3.1.112A of the Settlement Agreement, the definition in those subparagraphs shall control. The term Navajo Tribal Utility Authority means the enterprise established by the Navajo Nation pursuant to chapter 1, section 21 of the Navajo Nation Code, or a successor agency or entity. The term Navajo Trust Land means land that— is located in the State; is located outside the exterior boundaries of the Navajo Reservation; and as of the Enforceability Date, is held in trust by the United States for the Navajo Nation. The term Navajo-Utah Water Rights Settlement means the Navajo Utah Water Rights Settlement Agreement approved, ratified, and confirmed pursuant to section 1102 of title XI of division FF of Public Law 116–260 (134 Stat. 3224). The term Off-Reservation means land located in the State outside the exterior boundaries of— the Navajo Reservation; the Hopi Reservation; and the San Juan Southern Paiute Reservation. The term OM&R means operation, maintenance, and replacement. The term Party mean a Person that is a signatory to the Settlement Agreement. 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; any other private organization or enterprise; the United States; an Indian Tribe; a State, territory, or country; a governmental entity; and any political subdivision or municipal corporation organized under or subject to the constitution and laws of the State. The term Person includes the officers, directors, agents, insurers, representatives, employees, attorneys, assigns, subsidiaries, affiliates, enterprises, legal representatives, predecessors, and successors in interest and their heirs, of any entity or individual described in subparagraph (A). The term Public Domain Allotment outside the Navajo Reservation means any of the 51 parcels of land allotted to individual Indians from the public domain 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 1 or more individual Indians or Indian Tribes; and located outside the exterior boundaries of the Navajo Reservation and the Hopi Reservation, as depicted on the map attached as Exhibit 3.1.132A to the Settlement Agreement. The term Public Domain Allotment within the Navajo Reservation means any land allotted to individual Indians from the public domain that is— held in trust by the United States for the benefit of 1 or more individual Indians or Indian Tribes; located within the exterior boundaries of the Navajo Reservation; and described in Exhibit 3.1.131 to the Settlement Agreement. The term Public Domain Allottee means an individual Indian or Indian Tribe holding a beneficial interest in— a Public Domain Allotment outside the Navajo Reservation; or a Public Domain Allotment within the Navajo Reservation. The term San Juan Southern Paiute Fee Land means land, other than San Juan Southern Paiute Trust Land, that— is located in the State; is located outside the exterior boundaries of the San Juan Southern Paiute Reservation; and as of the Enforceability Date, is owned by the San Juan Southern Paiute Tribe, whether in its own name or through an entity wholly owned or controlled by the San Juan Southern Paiute Tribe. The term San Juan Southern Paiute Groundwater Projects means the projects described in— section 12(f)(1) ; and subparagraph 12.4.1 of the Settlement Agreement. The term San Juan Southern Paiute Land means— the San Juan Southern Paiute Southern Area; San Juan Southern Paiute Trust Land; and San Juan Southern Paiute Fee Land. The term San Juan Southern Paiute Northern Area means the land— located in the State of Utah; and depicted on the map attached as Exhibit 3.1.146 to the Settlement Agreement. The term San Juan Southern Paiute Reservation means the approximately 5,400 acres of land— located in the State and the State of Utah; and consisting of the San Juan Southern Paiute Northern Area and the San Juan Southern Paiute Southern Area, as depicted in the maps attached as Exhibits 3.1.146 and 3.1.147 to the Settlement Agreement. The term San Juan Southern Paiute Tribe Agricultural Conservation Trust Fund Account means the account— established under section 12(b)(2); and described in subparagraph 12.4.3 of the Settlement Agreement. The term San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account means the account— established under section 12(b)(1); and described in subparagraph 12.4.1 of the Settlement Agreement. The term San Juan Southern Paiute Tribe OM&R Trust Fund Account means the account— established under section 12(b)(3); and described in subparagraph 12.4.2 of the Settlement Agreement. The term San Juan Southern Paiute Southern Area means the land located in the State and depicted on the map attached as Exhibit 3.1.147 to the Settlement Agreement. The term San Juan Southern Paiute Tribe means the San Juan Southern Paiute Tribe, a body politic and federally recognized Indian Tribe, as recognized by the Secretary in the notice of the Secretary entitled Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs (89 Fed. Reg. 944 (January 8, 2024)). The term San Juan Southern Paiute Trust Land means land that— is located in the State; is located outside the exterior boundaries of the San Juan Southern Paiute Reservation; and as of the Enforceability Date, is held in trust by the United States for the San Juan Southern Paiute Tribe. The term Secretary means the Secretary of the Interior. The term Settlement Agreement means— the Northeastern Arizona Indian Water Rights Settlement Agreement dated as of May 9, 2024; and any exhibits attached to that agreement. The term Sixth Priority Water has the meaning given the term in the Hopi Tribe Existing Cibola Contract. The term State means the State of Arizona. The term Surface Water means all water in the State that is appropriable under State law. The term Surface Water does not include Colorado River Water. The term System Conservation means a voluntary reduction of consumptive use of Arizona Colorado River Water that can be estimated or measured, including municipal and industrial conservation efforts and the fallowing of agricultural land, to create conserved water to benefit the Colorado River System. The term System Conservation Eligible Water means 34,100 AFY of Navajo Nation Upper Basin Colorado River Water and Hopi Tribe Upper Basin Colorado River Water, allocated between the Navajo Nation and the Hopi Tribe consistent with section 6(c)(4)(C) and subclauses

(I)and

(II)of section 7(b)(2)(D)(ii). For purposes of this Act, the System Conservation Eligible Water is— deemed to have been consumptively used for a period of 50 years based on the 34,100 AFY of Arizona Upper Basin Colorado River Water that was previously contracted for consumptive use by the Navajo Generating Station; and a portion of the allocations of Arizona Upper Basin Colorado River Water to the Navajo Nation and the Hopi Tribe described in paragraphs (1)(A)(ii) and (2)(A)(ii) of section 6(a) . For purposes of this Act, the System Conservation Eligible Water is eligible for the NAIWRSA System Conservation Program. The term Treaty means the Articles of Treaty and Agreement entered into by the Navajo Nation and the San Juan Southern Paiute Tribe to settle land claims and other disputes, as executed on March 18, 2000. The term Treaty Addendum means the Addendum to the Treaty entered into by the Navajo Nation and the San Juan Southern Paiute Tribe on May 7, 2004. The term Tribe means, individually, as applicable— the Navajo Nation; the Hopi Tribe; or the San Juan Southern Paiute Tribe. The term Tribes means, collectively— the Navajo Nation; the Hopi Tribe; and the San Juan Southern Paiute Tribe. The term Underground Water means all water beneath the surface of the earth within the State, regardless of its legal characterization as appropriable or non-appropriable under Federal, State, or other law. The term Underground Water does not include Colorado River Water or Effluent. The term United States means the United States, acting as trustee for the Tribes, their Members, the Hopi Allottees, and the Navajo Allottees, except as otherwise expressly provided. When used in reference to a particular agreement or contract, the term United States means the United States acting in the capacity as described in that agreement or contract. The term Upper Basin has the meaning given the term in article II(f) of the Colorado River Compact. The term Upper Basin Colorado River Water means the waters of the Upper Basin. The term Upper Colorado River Basin Compact of 1948 means the Upper Colorado River Basin Compact of 1948, as ratified and reprinted in article 3 of chapter 7 of title 45, Arizona Revised Statutes. The term Upper Division States means the States of Wyoming, Colorado, New Mexico, and Utah, as described in the Colorado River Compact. The term Use means any beneficial use, including instream flow, recharge, storage, recovery, or any other use recognized as beneficial under applicable law. The term water , when used without a modifying adjective, means Groundwater, Surface Water, Colorado River Water, or Effluent. 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 Well means a human-made opening in the earth through which Underground Water may be withdrawn or obtained. The term Zuni Tribe means the body politic and federally recognized Indian Tribe, as recognized by the Secretary in the notice of the Secretary entitled Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs (89 Fed. Reg. 944 (January 8, 2024)).

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