Sec. 3403. DEFINITIONS
1,197 words·~5 min read·
/statute-compilations/comps-13821/sec-3403A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 3403 DEFINITIONS In this subtitle: ####
(1)Adjudication court The term “**Adjudication Court**” means the United States District Court for the Southern District of California, which exercises continuing jurisdiction over the Adjudication Proceeding. ####
(2)Adjudication proceeding The term “**Adjudication Proceeding**” means litigation initiated by the United States regarding relative water rights in the Santa Margarita River Watershed in United States v. Fallbrook Public Utility District et al., Civ. No. 3:51-cv-01247 (S.D.C.A.), including any litigation initiated to interpret or enforce the relative water rights in the Santa Margarita River Watershed pursuant to the continuing jurisdiction of the Adjudication Court over the Fallbrook Decree. ####
(3)Allottee The term “**Allottee**” means an individual who holds a beneficial real property interest in an Indian allotment that is— #####
(A)located within the Reservation; and #####
(B)held in trust by the United States. ####
(4)Band The term “**Band**” means Pechanga Band of Luiseño Mission Indians, a federally recognized sovereign Indian tribe that functions as a custom and tradition Indian tribe, acting on behalf of itself and its members, but not acting on behalf of members in their capacities as Allottees. ####
(5)Claims The term “**claims**” means rights, claims, demands, actions, compensation, or causes of action, whether known or unknown. ####
(6)EMWD The term “**EMWD**” means Eastern Municipal Water District, a municipal water district organized and existing in accordance with the Municipal Water District Law of 1911, Division 20 of the Water Code of the State of California, as amended. ####
(7)EMWD connection fee The term “**EMWD Connection Fee**” has the meaning set forth in the Extension of Service Area Agreement. ####
(8)Enforceability Date The term “**enforceability date**” means the date on which the Secretary publishes in the Federal Register the statement of findings described in section 3407(e). ####
(9)ESAA capacity agreement The term “**ESAA Capacity Agreement**” means the “**ESAA Capacity Agreement**”, among the Band, RCWD, and the United States. ####
(10)ESAA water The term “**ESAA Water**” means imported potable water that the Band receives from EMWD and MWD pursuant to the Extension of Service Area Agreement and delivered by RCWD pursuant to the ESAA Water Delivery Agreement. ####
(11)ESAA water delivery agreement The term “**ESAA Water Delivery Agreement**” means the agreement among EMWD, RCWD, and the Band, establishing the terms and conditions of water service to the Band. ####
(12)Extension of service area agreement The term “**Extension of Service Area Agreement**” means the “**Extension of Service Area Agreement**”, among the Band, EMWD, and MWD, for the provision of water service by EMWD to a designated portion of the Reservation using water supplied by MWD. ####
(13)Fallbrook decree #####
(A)In general The term “**Fallbrook Decree**” means the “**Modified Final Judgment And Decree**”, entered in the Adjudication Proceeding on April 6, 1966. #####
(B)Inclusions The term “**Fallbrook Decree**” includes all court orders, interlocutory judgments, and decisions supplemental to the “**Modified Final Judgment And Decree**”, including Interlocutory Judgment No. 30, Interlocutory Judgment No. 35, and Interlocutory Judgment No. 41. ####
(14)Fund The term “**Fund**” means the Pechanga Settlement Fund established by section 3409. ####
(15)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. 5304). ####
(16)Injury to water rights The term “**injury to water rights**” means an interference with, diminution of, or deprivation of water rights under Federal or State law. ####
(17)Interim capacity The term “**Interim Capacity**” has the meaning set forth in the ESAA Capacity Agreement. ####
(18)Interim capacity notice The term “**Interim Capacity Notice**” has the meaning set forth in the ESAA Capacity Agreement. ####
(19)Interlocutory judgment no. 41 The term “**Interlocutory Judgment No. 41**” means Interlocutory Judgment No. 41 issued in the Adjudication Proceeding on November 8, 1962, including all court orders, judgments, and decisions supplemental to that interlocutory judgment. ####
(20)MWD The term “**MWD**” means the Metropolitan Water District of Southern California, a metropolitan water district organized and incorporated under the Metropolitan Water District Act of the State of California (Stats. 1969, Chapter 209, as amended). ####
(21)MWD connection fee The term “**MWD Connection Fee**” has the meaning set forth in the Extension of Service Area Agreement. ####
(22)Pechanga esaa delivery capacity account The term “**Pechanga ESAA Delivery Capacity account**” means the account established by section 3409(c)(2). ####
(23)Pechanga recycled water infrastructure account The term “**Pechanga Recycled Water Infrastructure account**” means the account established by section 3409(c)(1). ####
(24)Pechanga settlement agreement The term “**Pechanga Settlement Agreement**” means the Pechanga Settlement Agreement, dated April 8, 2016, together with the exhibits to that agreement, entered into by the Band, the United States on behalf of the Band, its members and Allottees, MWD, EMWD, and RCWD, including— #####
(A)the Extension of Service Area Agreement; #####
(B)the ESAA Capacity Agreement; and #####
(C)the ESAA Water Delivery Agreement. ####
(25)Pechanga Water Code The term “**Pechanga Water Code**” means a water code to be adopted by the Band in accordance with section 3405(f). ####
(26)Pechanga water fund account The term “**Pechanga Water Fund account**” means the account established by section 3409(c)(3). ####
(27)Pechanga water quality account The term “**Pechanga Water Quality account**” means the account established by section 3409(c)(4). ####
(28)Permanent capacity The term “**Permanent Capacity**” has the meaning set forth in the ESAA Capacity Agreement. ####
(29)Permanent capacity notice The term “**Permanent Capacity Notice**” has the meaning set forth in the ESAA Capacity Agreement. ####
(30)RCWD #####
(A)In general The term “**RCWD**” means the Rancho California Water District organized pursuant to section 34000 et seq. of the California Water Code. #####
(B)Inclusions The term “**RCWD**” includes all real property owners for whom RCWD acts as an agent pursuant to an agency agreement. ####
(31)Recycled water infrastructure agreement The term “**Recycled Water Infrastructure Agreement**” means the “**Recycled Water Infrastructure Agreement**” among the Band, RCWD, and the United States. ####
(32)Recycled water transfer agreement The term “**Recycled Water Transfer Agreement**” means the “**Recycled Water Transfer Agreement**” between the Band and RCWD. ####
(33)Reservation #####
(A)In general The term “**Reservation**” means the land depicted on the map attached to the Pechanga Settlement Agreement as Exhibit I. #####
(B)Applicability of term The term “**Reservation**” shall be used solely for the purposes of the Pechanga Settlement Agreement, this subtitle, and any judgment or decree issued by the Adjudication Court approving the Pechanga Settlement Agreement. ####
(34)Santa margarita river watershed The term “**Santa Margarita River Watershed**” means the watershed that is the subject of the Adjudication Proceeding and the Fallbrook Decree. ####
(35)Secretary The term “**Secretary**” means the Secretary of the Interior. ####
(36)State The term “**State**” means the State of California. ####
(37)Storage pond The term “**Storage Pond**” has the meaning set forth in the Recycled Water Infrastructure Agreement. ####
(38)Tribal water right The term “**Tribal Water Right**” means the water rights ratified, confirmed, and declared to be valid for the benefit of the Band and Allottees, as set forth and described in section 3405.
Connectionstraces to 1
Traces to 1 document
U.S. Code