Sec. 303. DEFINITIONS
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## SEC. 303 DEFINITIONS In this title: ####
(1)Agreement The term “**Agreement**” means— #####
(A)the WMAT Water Rights Quantification Agreement dated January 13, 2009; and #####
(B)any amendment or exhibit (including exhibit amendments) to that Agreement that are— ######
(i)made in accordance with this title; or ######
(ii)otherwise approved by the Secretary. ####
(2)Bureau The term “**Bureau**” means the Bureau of Reclamation. ####
(3)CAP The term “**CAP**” 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.). ####
(4)CAP contractor The term “**CAP contractor**” means an individual or entity that has entered into a long-term contract (as that term is used in the repayment stipulation) with the United States for delivery of water through the CAP system. ####
(5)CAP fixed om&r charge The term “**CAP fixed OM&R charge**” has the meaning given the term in the repayment stipulation. ####
(6)CAP m&i priority water The term “**CAP M&I priority water**” means the CAP water having a municipal and industrial delivery priority under the repayment contract. ####
(7)CAP subcontractor The term “**CAP subcontractor**” means an individual or entity that has entered into a long-term subcontract (as that term is used in the repayment stipulation) with the United States and the District for the delivery of water through the CAP system. ####
(8)CAP system The term “**CAP system**” means— #####
(A)the Mark Wilmer Pumping Plant; #####
(B)the Hayden-Rhodes Aqueduct; #####
(C)the Fannin-McFarland Aqueduct; #####
(D)the Tucson Aqueduct; #####
(E)any pumping plant or appurtenant works of a feature described in any of subparagraphs
(A)through (D); and #####
(F)any extension of, addition to, or replacement for a feature described in any of subparagraphs
(A)through (E). ####
(9)CAP water The term “**CAP water**” means “**Project Water**” (as that term is defined in the repayment stipulation). ####
(10)Contract The term “**Contract**” means— #####
(A)the proposed contract between the Tribe and the United States attached as exhibit 7.1 to the Agreement and numbered 08-XX-30-W0529; and #####
(B)any amendments to that contract. ####
(11)District The term “**District**” means the Central Arizona Water Conservation District, a political subdivision of the State that is the contractor under the repayment contract. ####
(12)Enforceability Date The term “**enforceability date**” means the date described in section 309(d)(1). ####
(13)Indian tribe 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. 450b). ####
(14)Injury to water rights #####
(A)In general The term “**injury to water rights**” means an interference with, diminution of, or deprivation of, a water right under Federal, State, or other law. #####
(B)Inclusions The term “**injury to water rights**” includes— ######
(i)a change in the groundwater table; and ######
(ii)any effect of such a change. #####
(C)Exclusion The term “**injury to water rights**” does not include any injury to water quality. ####
(15)Lower colorado river basin development fund The term “**Lower Colorado River Basin Development Fund**” means the fund established by section 403 of the Colorado River Basin Project Act (43 U.S.C. 1543). ####
(16)Off-reservation trust land The term “**off-reservation trust land**” means land— #####
(A)located outside the exterior boundaries of the reservation that is held in trust by the United States for the benefit of the Tribe as of the enforceability date; and #####
(B)depicted on the map attached to the Agreement as exhibit 2.57. ####
(17)Operating agency The term “**Operating Agency**” means the 1 or more entities authorized to assume responsibility for the care, operation, maintenance, and replacement of the CAP system. ####
(18)Repayment contract The term “**repayment contract**” means— #####
(A)the contract between the United States and the District for delivery of water and repayment of the costs of the CAP, numbered 14-06-W-245 (Amendment No. 1), and dated December 1, 1988; and #####
(B)any amendment to, or revision of, that contract. ####
(19)Repayment stipulation The term “**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 styled Central Arizona Water Conservation District v. United States, et al., and numbered CIV 95-625-TUC-WDB
(EHC)and CIV 95-1720-PHX-EHC. ####
(20)Reservation #####
(A)In general The term “**reservation**” means the land within the exterior boundary of the White Mountain Indian Reservation established by the Executive order dated November 9, 1871, as modified by subsequent Executive orders and Acts of Congress— ######
(i)known on the date of enactment of this Act as the “**Fort Apache Reservation**” pursuant to chapter 3 of the Act of June 7, 1897 (30 Stat. 62); and ######
(ii)generally depicted on the map attached to the Agreement as exhibit 2.81. #####
(B)No effect on dispute or as admission The depiction of the reservation described in subparagraph (A)(ii) shall not— ######
(i)be used to affect any dispute between the Tribe and the United States concerning the legal boundary of the reservation; or ######
(ii)constitute an admission by the Tribe with regard to any dispute between the Tribe and the United States concerning the legal boundary of the reservation. ####
(21)Secretary The term “**Secretary**” means the Secretary of the Interior. ####
(22)State The term “**State**” means the State of Arizona. ####
(23)Tribal cap water The term “**tribal CAP water**” means the CAP water to which the Tribe is entitled pursuant to the Contract. ####
(24)Tribal water rights The term “**tribal water rights**” means the water rights of the Tribe described in paragraph 4.0 of the Agreement. ####
(25)Tribe The term “**Tribe**” means the White Mountain Apache Tribe organized under section 16 of the Act of June 18, 1934 (commonly known as the “**Indian Reorganization Act**”) (25 U.S.C. 476). ####
(26)Water right The term “**water right**” means any right in or to groundwater, surface water, or effluent under Federal, State, or other law. ####
(27)WMAT rural water system The term “**WMAT rural water system**” means the municipal, rural, and industrial water diversion, storage, and delivery system described in section 307. ####
(28)Year The term “**year**” means a calendar year.
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