45-2601. 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. " Central protection zone" means the central protection zone established under section 45-2602.

2. " Community" means the Gila river Indian community, a government composed of members of the Pima tribe and the Maricopa tribe and organized under section 16 of the act of June 18, 1934 (25 United States Code section 476).

3. " Dam" has the meaning prescribed in section 45-1201 on January 1, 2005.

4. " Designed storage capacity" means the storage capacity in acre-feet of a reservoir at the elevation of the lowest spillway in the dam impounding water in the reservoir, as the dam was originally constructed.

5. " Eastern protection zone" means the eastern protection zone north or the eastern protection zone south.

6. " Eastern protection zone north" means the eastern protection zone north established under section 45-2602, subsection A.

7. " Eastern protection zone south" means the eastern protection zone south established under section 45-2602, subsection A.

8. " Gila river maintenance area" means the Gila river maintenance area established under section 45-2603, subsection A.

9. " Gila river maintenance area impact zone" means the Gila river maintenance area impact zone established under section 45-2603, subsection B.

10. " Globe equity decree" means the decree dated June 29, 1935 and entered in United States of America v. Gila valley irrigation district, Globe equity No. 59, et al. by the United States district court for the district of Arizona and includes all court orders and decisions supplemental to that decree.

11. " Industrial use" means all of the following:

(a) A nonirrigation use of water commenced after December 31, 2002 that is not supplied by a municipal provider, including animal industry use and expanded animal industry use.

(b) A use of groundwater commenced before January 1, 2003 by a holder of a type 1 nonirrigation grandfathered right in existence on December 31, 2002, other than a type 1 nonirrigation grandfathered right held by a municipal provider and other than a use under another groundwater right or permit, in excess of the amount allowed under the type 1 nonirrigation grandfathered right.

(c) A use of groundwater commenced before January 1, 2003 by a holder of a type 2 nonirrigation grandfathered right in existence on December 31, 2002, other than a type 2 nonirrigation grandfathered right held by a municipal provider, in excess of the amount allowed under the right and for which the holder has no other groundwater right.

(d) A use of groundwater commenced before January 1, 2003 by a holder of a general industrial use permit issued under section 45-515 and in existence on December 31, 2002, other than a use under another groundwater right or permit, in excess of the amount allowed under the general industrial use permit.

12. " Irrigation use" means the use of water on two or more acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, as defined in section 3-1201.

13. " Municipal acre means the acre or acres of land within a protection zone, on which water pumped from within a protection zone is supplied by a municipal provider, on which water use was first commenced after December 31, 2002 and for which the water use is reported pursuant to section 45-632, 45-875.01 or 45-2602.

14. " Municipal provider" means a city, town, private water company or special taxing district established pursuant to title 48 that supplies water for nonirrigation use.

15. " Municipal use" means a nonirrigation use of water commenced after December 31, 2002 and supplied by a municipal provider on municipal acres.

16. " Nonirrigation use" means a use of water withdrawn from a well, other than an irrigation use.

17. " Reservation" means the Gila river Indian community reservation.

18. " Settlement agreement" means the agreement entitled the " Gila river Indian community water rights settlement agreement" , dated February 4, 2003 between the community, this state and other parties, as amended before December 21, 2005, a copy of which is on file in the department.

19. " Southside protection zones" means the eastern protection zone north, the eastern protection zone south, the western municipal protection zone, the western municipal and industrial protection zone and the central protection zone.

20. " Stockpond" means a pond that has a capacity of not more than fifteen acre-feet and that is used solely for watering livestock or wildlife. Stockpond does not include a pond used primarily for fishing or for the culturing of fish.

21. " Stored water" means water that has been stored or saved underground pursuant to a storage permit issued under chapter 3.1 of this title.

22. " Underground water" means water, other than stored water, withdrawn from a well.

23. " Water company" means either of the following:

(a) A private water company that as of January 1, 2000 was regulated as a public service corporation by the Arizona corporation commission and was withdrawing underground water from lands now within the eastern protection zone north.

(b) Any successor of a private water company described in subdivision (a) of this paragraph.

24. " Western municipal and industrial protection zone" means the western municipal and industrial protection zone established under section 45-2602, subsection A.

25. " Western municipal protection zone" means the western municipal protection zone established under section 45-2602, subsection A.

26. " Western protection zones" means the western municipal protection zone and the western municipal and industrial protection zone.