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Code · STATUTE-COMPILATIONS · Claims Resolution Act of 2010 · Sec. 602

Sec. 602. DEFINITIONS

1,225 words·~6 min read·/statute-compilations/comps-13809/sec-602

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

## SEC. 602 DEFINITIONS In this title: ####
(1)611(g) agreement The term “**611(g) Agreement**” means the agreement dated September 17, 2019, executed by the United States, the State, the Pueblos, the County, and the City pursuant to section 611(g). ####
(2)Aamodt case The term “**Aamodt Case**” means the civil action entitled State of New Mexico, ex rel. State Engineer and United States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.). ####
(3)Acre-feet The term “**acre-feet**” means acre-feet of water per year. ####
(4)Authority The term “**Authority**” means the Pojoaque Basin Regional Water Authority described in section 9.5 of the Settlement Agreement or an alternate entity acceptable to the Pueblos and the County to operate and maintain the diversion and treatment facilities, certain transmission pipelines, and other facilities of the Regional Water System. ####
(5)City The term “**City**” means the city of Santa Fe, New Mexico. ####
(6)Cost-sharing and system integration agreement The term “**Cost-Sharing and System Integration Agreement**” means the agreement, dated August 27, 2009, to be executed by the United States, the State, the Pueblos, the County, and the City that— #####
(A)describes the location, capacity, and management (including the distribution of water to customers) of the Regional Water System; and #####
(B)allocates the costs of the Regional Water System with respect to— ######
(i)the construction, operation, maintenance, and repair of the Regional Water System; ######
(ii)rights-of-way for the Regional Water System; and ######
(iii)the acquisition of water rights. ####
(7)County The term “**County**” means Santa Fe County, New Mexico. ####
(8)County distribution system The term “**County Distribution System**” means the portion of the Regional Water System that serves water customers on non-Pueblo land in the Pojoaque Basin. ####
(9)County water utility The term “**County Water Utility**” means the water utility organized by the County to— #####
(A)receive water distributed by the Authority; and #####
(B)provide the water received under subparagraph
(A)to customers on non-Pueblo land in the Pojoaque Basin. ####
(10)Engineering report The term “**Engineering Report**” means the report entitled “**Pojoaque Regional Water System Engineering Report**” dated September 2008 and any amendments thereto, including any modifications which may be required by section 611(d)(2). ####
(11)Fund The term “**Fund**” means the Aamodt Settlement Pueblos’ Fund established by section 615(a). ####
(12)Operating agreement The term “**Operating Agreement**” means the agreement between the Pueblos and the County executed under section 612(a). ####
(13)Operations, maintenance, and replacement costs #####
(A)In general The term “**operations, maintenance, and replacement costs**” means all costs for the operation of the Regional Water System that are necessary for the safe, efficient, and continued functioning of the Regional Water System to produce the benefits described in the Settlement Agreement. #####
(B)Exclusion The term “**operations, maintenance, and replacement costs**” does not include construction costs or costs related to construction design and planning. ####
(14)Pojoaque basin #####
(A)In general The term “**Pojoaque Basin**” means the geographic area limited by a surface water divide (which can be drawn on a topographic map), within which area rainfall and runoff flow into arroyos, drainages, and named tributaries that eventually drain to— ######
(i)the Rio Pojoaque; or ######
(ii)the 2 unnamed arroyos immediately south; and ######
(iii)2 arroyos (including the Arroyo Alamo) that are north of the confluence of the Rio Pojoaque and the Rio Grande. #####
(B)Inclusion The term “**Pojoaque Basin**” includes the San Ildefonso Eastern Reservation recognized by section 8 of Public Law 87-231 (75 Stat. 505). ####
(15)Pueblo The term “**Pueblo**” means each of the pueblos of Nambe, Pojoaque, San Ildefonso, or Tesuque. ####
(16)Pueblos The term “**Pueblos**” means collectively the Pueblos of Nambe, Pojoaque, San Ildefonso, and Tesuque. ####
(17)Pueblo land The term “**Pueblo land**” means any real property that is— #####
(A)held by the United States in trust for a Pueblo within the Pojoaque Basin; #####
(B)######
(i)owned by a Pueblo within the Pojoaque Basin before the date on which a court approves the Settlement Agreement; or ######
(ii)acquired by a Pueblo on or after the date on which a court approves the Settlement Agreement, if the real property is located— ######
(I)within the exterior boundaries of the Pueblo, as recognized and conformed by a patent issued under the Act of December 22, 1858 (11 Stat. 374, chapter V); or ######
(II)within the exterior boundaries of any territory set aside for the Pueblo by law, executive order, or court decree; #####
(C)owned by a Pueblo or held by the United States in trust for the benefit of a Pueblo outside the Pojoaque Basin that is located within the exterior boundaries of the Pueblo as recognized and confirmed by a patent issued under the Act of December 22, 1858 (11 Stat. 374, chapter V); or #####
(D)within the exterior boundaries of any real property located outside the Pojoaque Basin set aside for a Pueblo by law, executive order, or court decree, if the land is within or contiguous to land held by the United States in trust for the Pueblo as of January 1, 2005. ####
(18)Pueblo water facility #####
(A)In general The term “**Pueblo Water Facility**” means— ######
(i)a portion of the Regional Water System that serves only water customers on Pueblo land; and ######
(ii)portions of a Pueblo water system in existence on the date of enactment of this Act that serve water customers on non-Pueblo land, also in existence on the date of enactment of this Act, or their successors, that are— ######
(I)depicted in the final project design, as modified by the drawings reflecting the completed Regional Water System; and ######
(II)described in the Operating Agreement. #####
(B)Inclusions The term “**Pueblo Water Facility**” includes— ######
(i)the barrier dam and infiltration project on the Rio Pojoaque described in the Engineering Report; and ######
(ii)the Tesuque Pueblo infiltration pond described in the Engineering Report. ####
(19)Regional Water System #####
(A)In general The term “**Regional Water System**” means the Regional Water System described in section 611(a). #####
(B)Exclusions The term “**Regional Water System**” does not include the County or Pueblo water supply delivered through the Regional Water System. ####
(20)San juan-chama project The term “**San Juan-Chama Project**” means the Project authorized by section 8 of the Act of June 13, 1962 (76 Stat. 96, 97), and the Act of April 11, 1956 (70 Stat. 105). ####
(21)San juan-chama project act The term “**San Juan-Chama Project Act**” means sections 8 through 18 of the Act of June 13, 1962 (76 Stat. 96, 97). ####
(22)Secretary The term “**Secretary**” means the Secretary of the Interior. ####
(23)Settlement agreement The term “**Settlement Agreement**” means the agreement among the State, the Pueblos, the United States, the County, and the City dated January 19, 2006, and signed by all of the government parties to the Settlement Agreement (other than the United States) on May 3, 2006, as amended in conformity with this title. ####
(24)State The term “**State**” means the State of New Mexico. ## Subtitle A Pojoaque Basin Regional Water System
Connectionstraces to 3
2 references not yet in our index
  • Pub. L. 87-231
  • 75 Stat. 505
Citation graph
cites case law
Sec. 602
DEFINITIONS
Stat.Chapter VI
Stat.Public Law 87–483
Stat.Public Law 105–326
Pub. L.Pub. L. 87-231
Stat.75 Stat. 505
Cites 5Cited by 0 across 0 sources
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