Definitions

(a) In general In this Act: (1) 2007 Agreement The term 2007 Agreement means— (A) the agreement dated November 21, 2007, as amended on April 22, 2009, between the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, and exhibits attached thereto; and (B) any amendment to the Agreement referred to in subparagraph (A) (including an amendment to any exhibit) that is executed in accordance with section 4(a)(2). (2) Court The term Court means the United States District Court for the Eastern District of California, unless otherwise specified herein. (3) Divert; diversion The terms divert and diversion mean to remove water from its natural course or location by means of a ditch, canal, flume, bypass, pipeline, conduit, well, pump, or other structure or device, or act of a person. (4) Downstream water users The term Downstream Water Users means— (A) the Tule River Association and its successors and assigns; (B) the South Tule Independent Ditch Company and its successors and assigns; and (C) any and all other holders of water rights in the South Fork Tule River Basin. (5) Enforceability date The term Enforceability Date means the date described in section 11. (6) OM&R (A) In general The term OM&R means operation, maintenance, and replacement. (B) Inclusions The term OM&R includes— (i) any recurring or ongoing activity relating to the day-to-day operation of a project; (ii) any activity relating to scheduled or unscheduled maintenance of a project; and (iii) any activity relating to repairing or replacing a feature of a project. (7) Operation Rules The term Operation Rules means the rules of operation for the Phase I Reservoir, as established in accordance with the 2007 Agreement and this Act. (8) Parties The term Parties means the signatories to the 2007 Agreement, including the Secretary. (9) Phase I Reservoir The term Phase I Reservoir means the reservoir described in either section 3.4.B.(1) or section 3.4.B.(2) of the 2007 Agreement. (10) Reservation; Tule River Reservation The terms Reservation and Tule River Reservation mean the reservation of lands set aside for the Tribe by the Executive Orders of January 9, 1873, October 3, 1873, and August 3, 1878, including lands added to the Reservation pursuant to section 8. (11) Secretary The term Secretary means the Secretary of the Interior. (12) South Tule Independent Ditch Company The term South Tule Independent Ditch Company means the nonprofit mutual water company incorporated in 1895 that has claims to ownership of water rights dating back to 1854, which provides water diverted from the South Fork of the Tule River to its shareholders on lands downstream from the Tule River Reservation. (13) Tribal Water Right The term Tribal Water Right means the water rights ratified, confirmed, and declared to be valid for the benefit of the Tribe as set forth and described in the 2007 Agreement and this Act. (14) Tribe The term Tribe means the Tule River Indian Tribe of the Tule River Reservation, California, a federally recognized Indian Tribe. (15) Trust Fund The term Trust Fund means the Tule River Indian Tribe Settlement Trust Fund established under section 6(a). (16) Tule River Association (A) In general The term Tule River Association means the association formed by agreement in 1965, the members of which are representatives of all pre-1914 appropriative and certain riparian water right holders of the Tule River at and below the Richard L. Schafer Dam and Reservoir. (B) Inclusions The term Tule River Association includes the Pioneer Water Company, the Vandalia Irrigation District, the Porterville Irrigation District, and the Lower Tule River Irrigation District. (17) Water development project The term Water Development Project means a project for domestic, commercial, municipal, and industrial water supply, including but not limited to water treatment, storage, and distribution infrastructure, to be constructed, in whole or in part, using monies from the Trust Fund. (b) Definitions of other terms Any other term used in this Act but not defined in subsection (a)— (1) has the meaning given the term in the 2007 Agreement; or (2) if no definition for the term is provided in the 2007 Agreement, shall be used in a manner consistent with its use in the 2007 Agreement.