118 STAT. 3540 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(39) SCHUK TOAK FARM.—The term ‘Schuk Toak Farm’ means a farm constructed in the eastern Schuk Toak District served by the irrigation system provided for under section 304(c)(4). ‘‘(40) SECRETARY.—The term ‘Secretary’ means the Sec- retary of the Interior. ‘‘(41) STATE.—The term ‘State’ means the State of Arizona. ‘‘(42) SUBJUGATE.—The term ‘subjugate’ means to prepare land for agricultural use through irrigation. ‘‘(43) SUBSIDENCE DAMAGE.—The term ‘subsidence damage’ means injury to land, water, or other real property resulting from the settling of geologic strata or cracking in the surface of the earth of any length or depth, which settling or cracking is caused by the pumping of water. ‘‘(44) SURFACE WATER.—The term ‘surface water’ means all water that is appropriable under State law. ‘‘(45) TOHONO O’ODHAM SETTLEMENT AGREEMENT.—The term ‘Tohono O’odham settlement agreement’ means the agree- ment dated April 30, 2003 (including all exhibits of and attach- ments to the agreement). ‘‘(46) TUCSON CASE.—The term ‘Tucson case’ means United States et al. v. City of Tucson, et al. (Civ. No. 75–0939 TUC consol. with Civ. No. 75–0951 TUC FRZ (D. Ariz., filed February 20, 1975)). ‘‘(47) TUCSON INTERIM WATER LEASE.—The term ‘Tucson interim water lease’ means the lease, and any pre-2004 amend- ments and extensions of the lease, approved by the Secretary, between the city of Tucson, Arizona, and the Nation, dated October 24, 1992. ‘‘(48) TUCSON MANAGEMENT AREA.—The term ‘Tucson management area’ means the area in the State comprised of— ‘‘(A) the area— ‘‘(i) designated as the Tucson Active Management Area under the Arizona Groundwater Management Act of 1980 (1980 Ariz. Sess. Laws 1); and ‘‘(ii) subsequently divided into the Tucson Active Management Area and the Santa Cruz Active Manage- ment Area (1994 Ariz. Sess. Laws 296); and ‘‘(B) the portion of the Upper Santa Cruz Basin that is not located within the area described in subparagraph (A)(i). ‘‘(49) TURNOUT.—The term ‘turnout’ means a point of water delivery on the Central Arizona Project aqueduct. ‘‘(50) UNDERGROUND STORAGE.—The term ‘underground storage’ means storage of water accomplished under a project authorized under section 308(e). ‘‘(51) UNITED STATES AS TRUSTEE.—The term ‘United States as Trustee’ means the United States, acting on behalf of the Nation and allottees, but in no other capacity. ‘‘(52) VALUE.—The term ‘value’ means the value attributed to water based on the greater of— ‘‘(A) the anticipated or actual use of the water; or ‘‘(B) the fair market value of the water. ‘‘(53) WATER RIGHT.—The term ‘water right’ means any right in or to groundwater, surface water, or effluent under applicable law. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00074 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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