Sec. 3. DEFINITIONS

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## SEC. 3 DEFINITIONS In this Act: ####

(1)1947 judgment The term “**1947 Judgment**” means the Judgment and the Stipulation and Agreement, including exhibits to the Judgment and the Stipulation and Agreement, entered on March 13, 1947, in United States v. Santa Fe Pac. R.R. Co., No. E-190 (D. Ariz.) and attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.1. ####

(2)AFY The term “**AFY**” means acre-feet per year. ####

(3)Allotment The term “**allotment**” means any of the 4 off-reservation parcels that are— #####

(A)held in trust by the United States for individual Indians in the Big Sandy River basin in Mohave County, Arizona, under the patents numbered 1039995, 1039996, 1039997, and 1019494; and #####

(B)identified as Parcels 1A, 1B, 1C, and 2 on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6. ####

(4)Allottee The term “**allottee**” means any Indian owner of an allotment. ####

(5)Available cap supply The term “**available CAP supply**” means, for any year— #####

(A)all fourth priority water available for delivery through the Central Arizona Project; #####

(B)water available from Central Arizona Project dams and reservoirs other than the Modified Roosevelt Dam; and #####

(C)return flows captured by the Secretary for Central Arizona Project use. ####

(6)Bill williams act The term “**Bill Williams Act**” means the Bill Williams River Water Rights Settlement Act of 2014 (Public Law 113-223; 128 Stat. 2096). ####

(7)Bill williams agreements The term “**Bill Williams agreements**” means the Amended and Restated Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Amended and Restated Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, including all exhibits to each agreement, copies of which (excluding exhibits) are attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.11. ####

(8)Bill williams river phase 2 enforceability date The term “**Bill Williams River Phase 2 Enforceability Date**” means the date described in section 14(d). ####

(9)Bill williams river phase 2 water rights settlement agreement The term “**Bill Williams River phase 2 water rights settlement agreement**” means the agreement of that name that is attached to, and incorporated in, the Hualapai Tribe water rights settlement agreement as Exhibit 4.3.3. ####

(10)Cap contract 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. ####

(11)Cap contractor #####

(A)In general The term “**CAP contractor**” means a person that has entered into a CAP contract. #####

(B)Inclusion The term “**CAP contractor**” includes the Hualapai Tribe. ####

(12)Cap fixed om&r charge The term “**CAP fixed OM&R charge**” has the meaning given the term “**Fixed OM&R Charge**” in the CAP repayment stipulation. ####

(13)Cap m&i priority water The term “**CAP M&I priority water**” means water within the available CAP supply having a municipal and industrial delivery priority. ####

(14)Cap nia priority water The term “**CAP NIA priority water**” means water within the available CAP supply having a non-Indian agricultural delivery priority. ####

(15)Cap operating agency The term “**CAP operating agency**” means— #####

(A)the 1 or more entities authorized to assume responsibility for the care, operation, maintenance, and replacement of the CAP system; and #####

(B)as of the date of enactment of this Act, the Central Arizona Water Conservation District. ####

(16)Cap pumping energy charge The term “**CAP pumping energy charge**” has the meaning given the term “**Pumping Energy Charge**” in the CAP repayment stipulation. ####

(17)Cap repayment contract The term “**CAP repayment contract**” means— #####

(A)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 Central Arizona Project; and #####

(B)any amendment to, or revision of, that contract. ####

(18)Cap repayment stipulation 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, numbered CIV 95-625-TUC-WDB

(EHC)and CIV 95-1720-PHX-EHC. ####

(19)Cap subcontract The term “**CAP subcontract**” means a long-term subcontract (as defined in the CAP repayment stipulation) with the United States and the Central Arizona Water Conservation District for the delivery of CAP water through the CAP system. ####

(20)Cap subcontractor The term “**CAP subcontractor**” means a person that has entered into a CAP subcontract. ####

(21)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 work of a feature described in subparagraph (A), (B), (C), or (D); and #####

(F)any extension of, addition to, or replacement for a feature described in subparagraph (A), (B), (C), (D), or (E). ####

(22)Cap water The term “**CAP water**” has the meaning given the term “**Project Water**” in the CAP repayment stipulation. ####

(23)Central arizona project The term “**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.). ####

(24)Central arizona water conservation district The term “**Central Arizona Water Conservation District**” means the political subdivision of the State that is the contractor under the CAP repayment contract. ####

(25)Colorado river compact 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. ####

(26)Colorado river water entitlement The term “**Colorado River water entitlement**” means the right or authorization to use Colorado River water in the State through a mainstem contract with the Secretary pursuant to section 5 of the Boulder Canyon Project Act (43 U.S.C. 617d). ####

(27)Diversion The term “**diversion**” means an act to divert. ####

(28)Divert The term “**divert**” means to receive, withdraw, develop, produce, or capture water using— #####

(A)a ditch, canal, flume, bypass, pipeline, pit, collection or infiltration gallery, conduit, well, pump, turnout, dam, or any other mechanical device; or #####

(B)any other act of man. ####

(29)Domestic purpose #####

(A)In general The term “**domestic purpose**” means any use relating to the supply, service, or activity of a household or private residence. #####

(B)Inclusions The term “**domestic purpose**” includes the application of water to not more than 2 acres of land to produce a plant or parts of a plant for— ######

(i)sale or human consumption; or ######

(ii)use as feed for livestock, range livestock, or poultry. ####

(30)Effluent The term “**effluent**” means water that— #####

(A)has been used in the State for domestic, municipal, or industrial purposes, other than solely for hydropower generation; and #####

(B)is available for reuse for any purpose, regardless or whether the water has been treated to improve the quality of the water. ####

(31)Enforceability date The term “**Enforceability Date**” means the date described in section 14(a). ####

(32)Exchange The term “**exchange**” means a trade between 1 or more persons of any water for any other water, if each person has a right or claim to use the water the person provides in the trade, regardless of whether the water is traded in equal quantities or other consideration is included in the trade. ####

(33)Fourth priority water The term “**fourth priority water**” means Colorado River water that is available for delivery in the State for the satisfaction of entitlements— #####

(A)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 of not greater than 164,652 AFY of diversions; and #####

(B)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. ####

(34)Freeport #####

(A)In general The term “**Freeport**” means the Delaware corporation named “Freeport Minerals Corporation”. #####

(B)Inclusions The term “**Freeport**” includes all subsidiaries, affiliates, successors, and assigns of Freeport Minerals Corporation, including Byner Cattle Company, a Nevada corporation. ####

(35)Gila river adjudication 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). ####

(36)Gila river adjudication court 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. ####

(37)Gila river adjudication decree 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 to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.43. ####

(38)Groundwater The term “**groundwater**” means all water beneath the surface of the Earth within the State that is not— #####

(A)surface water; #####

(B)effluent; or #####

(C)Colorado River water. ####

(39)Hualapai fee land The term “**Hualapai fee land**” means land, other than Hualapai trust land, that— #####

(A)is located in the State; #####

(B)is located outside the exterior boundaries of the Hualapai Reservation or Hualapai trust land; and #####

(C)as of the Enforceability Date, is owned by the Hualapai Tribe, including by a tribally owned corporation. ####

(40)Hualapai land The term “**Hualapai land**” means— #####

(A)the Hualapai Reservation; #####

(B)Hualapai trust land; and #####

(C)Hualapai fee land. ####

(41)Hualapai reservation The term “**Hualapai Reservation**” means the land within the exterior boundaries of the Hualapai Reservation, including— #####

(A)all land withdrawn by the Executive order dated January 4, 1883, as modified by the May 28, 1942, order of the Secretary pursuant to the Act of February 20, 1925 (43 Stat. 954, chapter 273); #####

(B)the land identified by the Executive orders dated December 22, 1898, May 14, 1900, and June 2, 1911; and #####

(C)the land added to the Hualapai Reservation by sections 11 and 12. ####

(42)Hualapai tribe The term “**Hualapai Tribe**” means the Hualapai Tribe, a federally recognized Indian Tribe of Hualapai Indians organized under section 16 of the Act of June 18, 1934 (25 U.S.C. 5123) (commonly known as the “Indian Reorganization Act”). ####

(43)Hualapai tribe cap water The term “**Hualapai Tribe CAP water**” means the 4,000 AFY of the CAP NIA priority water that— #####

(A)was previously allocated to non-Indian agricultural entities; #####

(B)was retained by the Secretary for reallocation to Indian Tribes in the State pursuant to section 104(a)(1)(A)(iii) of the Central Arizona Project Settlement Act of 2004 (Public Law 108-451; 118 Stat. 3487); and #####

(C)is reallocated to the Hualapai Tribe pursuant to section 13. ####

(44)Hualapai tribe water delivery contract The term “**Hualapai Tribe water delivery contract**” means the contract entered into in accordance with the Hualapai Tribe water rights settlement agreement and section 13(c) for the delivery of Hualapai Tribe CAP water. ####

(45)Hualapai tribe water rights settlement agreement #####

(A)In general The term “**Hualapai Tribe water rights settlement agreement**” means the agreement, including exhibits, entitled “Hualapai Tribe Water Rights Settlement Agreement” and dated February 11, 2019. #####

(B)Inclusions The term “**Hualapai Tribe water rights settlement agreement**” includes— ######

(i)any amendments necessary to make the Hualapai Tribe water rights settlement agreement consistent with this Act; and ######

(ii)any other amendments approved by the parties to the Hualapai Tribe water rights settlement agreement and the Secretary. ####

(46)Hualapai trust land The term “**Hualapai trust land**” means land, other than Hualapai fee land, that is— #####

(A)located— ######

(i)in the State; and ######

(ii)outside the exterior boundaries of the Hualapai Reservation; and #####

(B)as of the Enforceability Date, held in trust by the United States for the benefit of the Hualapai Tribe. ####

(47)Hualapai water project The term “**Hualapai Water Project**” means the project constructed in accordance with section 6(a)(7)(A). ####

(48)Hualapai water trust fund account The term “**Hualapai Water Trust Fund Account**” means the account established under section 6(a)(1). ####

(49)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). ####

(50)Injury to water rights #####

(A)In general The term “**injury to water rights**” means any interference with, diminution of, or deprivation of, a water right under Federal, State, or other law. #####

(B)Exclusion The term “**injury to water rights**” does not include any injury to water quality. ####

(51)Lower basin The term “**lower basin**” has the meaning given the term in article II(g) of the Colorado River Compact. ####

(52)Lower colorado river basin development fund The term “**Lower Colorado River Basin Development Fund**” means the fund established by section 403(a) of the Colorado River Basin Project Act (43 U.S.C. 1543(a)). ####

(53)Member The term “**member**” means any person duly enrolled as a member of the Hualapai Tribe. ####

(54)OM&R The term “**OM&R**” means— #####

(A)any recurring or ongoing activity relating to the day-to-day operation of a project; #####

(B)any activity relating to scheduled or unscheduled maintenance of a project; and #####

(C)any activity relating to replacing a feature of a project. ####

(55)Parcel 1 The term “**Parcel 1**” means the parcel of land that is— #####

(A)depicted as 3 contiguous allotments identified as 1A, 1B, and 1C on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; and #####

(B)held in trust for certain allottees. ####

(56)Parcel 2 The term “**Parcel 2**” means the parcel of land that is— #####

(A)depicted as “Parcel 2” on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; and #####

(B)held in trust for certain allottees. ####

(57)Parcel 3 The term “**Parcel 3**” means the parcel of land that is— #####

(A)depicted as “Parcel 3” on the map attached to the Hualapai Tribe water rights settlement agreement as Exhibit 3.1.6; #####

(B)held in trust for the Hualapai Tribe; and #####

(C)part of the Hualapai Reservation pursuant to Executive Order 1368, dated June 2, 1911. ####

(58)Party The term “**party**” means a person that is a signatory to the Hualapai Tribe water rights settlement agreement. ####

(59)Secretary The term “**Secretary**” means the Secretary of the Interior. ####

(60)State The term “**State**” means the State of Arizona. ####

(61)Stock watering The term “**stock watering**” means the watering of livestock, range livestock, or poultry. ####

(62)Surface water The term “**surface water**” means all water in the State that is appropriable under State law. ####

(63)Truxton basin The term “**Truxton Basin**” means the groundwater aquifer described in the report issued by the United States Geological Survey entitled “Groundwater Availability in the Truxton Basin, Northwestern Arizona”, Scientific Investigations Report No. 2020-5017-A. ####

(64)Water The term “**water**”, when used without a modifying adjective, means— #####

(A)groundwater; #####

(B)surface water; #####

(C)effluent; and #####

(D)Colorado River water. ####

(65)Water right The term “**water right**” means any right in or to groundwater, surface water, effluent, or Colorado River water under Federal, State, or other law.

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