118 STAT. 3538 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(20) ENFORCEABILITY DATE.—The term ‘enforceability date’ means the date on which title III of the Arizona Water Settle- ments Act takes effect (as described in section 302(b) of the Arizona Water Settlements Act). ‘‘(21) EXEMPT WELL.—The term ‘exempt well’ means a water well— ‘‘(A) the maximum pumping capacity of which is not more than 35 gallons per minute; and ‘‘(B) the water from which is used for— ‘‘(i) the supply, service, or activities of households or private residences; ‘‘(ii) landscaping; ‘‘(iii) livestock watering; or ‘‘(iv) the irrigation of not more than 2 acres of land for the production of 1 or more agricultural or other commodities for— ‘‘(I) sale; ‘‘(II) human consumption; or ‘‘(III) use as feed for livestock or poultry. ‘‘(22) FEE OWNER OF ALLOTTED LAND.—The term ‘fee owner of allotted land’ means a person that holds fee simple title in real property on the Reservation that, at any time before the date on which the person acquired fee simple title, was held in trust by the United States as an Indian allotment. ‘‘(23) FICO.—The term ‘FICO’ means collectively the Farmers Investment Co., an Arizona corporation of that name, and the Farmers Water Co., an Arizona corporation of that name. ‘‘(24) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 450b). ‘‘(25) INJURY TO WATER QUALITY.—The term ‘injury to water quality’ means any contamination, diminution, or deprivation of water quality under applicable law. ‘‘(26) INJURY TO WATER RIGHTS.— ‘‘(A) IN GENERAL.—The term ‘injury to water rights’ means an interference with, diminution of, or deprivation of water rights under applicable law. ‘‘(B) INCLUSION.—The term ‘injury to water rights’ includes a change in the underground water table and any effect of such a change. ‘‘(C) EXCLUSION.—The term ‘injury to water rights’ does not include subsidence damage or injury to water quality. ‘‘(27) IRRIGATION SYSTEM.— ‘‘(A) IN GENERAL.—The term ‘irrigation system’ means canals, laterals, ditches, sprinklers, bubblers, and other irrigation works used to distribute water within the bound- aries of a farm. ‘‘(B) INCLUSIONS.—The term ‘irrigation system’, with respect to the cooperative farm, includes activities, proce- dures, works, and devices for— ‘‘(i) rehabilitation of fields; ‘‘(ii) remediation of sinkholes, sinks, depressions, and fissures; and ‘‘(iii) stabilization of the banks of the Santa Cruz River. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00072 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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