Unless the context otherwise requires, the terms defined in sections 45-402 and 45-802.01 have the same meaning in this chapter and for the purposes of this chapter:

Terms Used In Arizona Laws 45-2701

  • Department: means the department of water resources. See Arizona Laws 45-101
  • Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

1. "Exempt well" means a well that qualifies as an exempt well under section 45-454 in effect on January 1, 2005.

2. "Nation" means the Tohono O’odham nation organized under a constitution approved in accordance with section 16 of the act of June 18, 1934 (25 United States Code § 476).

3. "Nonexempt well" means any well, including a recovery well, that does not qualify as an exempt well or a replacement well.

4. "Replacement well" means a well that qualifies as a replacement well at approximately the same location under the rules adopted by the director pursuant to section 45-579, subsection B and that is no more than six hundred sixty feet from the well it is replacing.

5. "Reservation" means the San Xavier Indian reservation established by executive order of July 1, 1874.

6. "Tohono O’odham settlement agreement" means the agreement dated April 30, 2003 between the nation, this state and other parties, as amended before the effective date of this section, a copy of which is on file in the department.