; 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