Definitions

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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.


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