§ 45-2701 — Definitions

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:

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 section 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.