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.