Sec. 7. Waiver of claims
1,624 words·~7 min read·
/bill/113/s/1219/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to the retention of rights set forth in subsection (c), notwithstanding any provisions to the contrary in the Pechanga Settlement Agreement, the Band, and the United States on behalf of the Band and allottees, are authorized to execute waivers for any and all claims for water rights in the Santa Margarita River Watershed— for land located within the Reservation in the Santa Margarita River Watershed arising from time immemorial and, thereafter, forever; and that are based on aboriginal occupancy for land overlying the Santa Margarita River Watershed arising from time immemorial and, thereafter, forever.
Subject to the retention of rights set forth in subsection (c), notwithstanding any provisions to the contrary in the Pechanga Settlement Agreement, the Band and the United States on behalf of the Band and allottees fully release, acquit, and discharge RCWD and EMWD from— claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation in that watershed arising or occurring at any time up to and including June 30, 2009; claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation in that watershed arising or occurring at any time after June 30, 2009, resulting from the diversion or use of water in a manner not in violation of the Pechanga Settlement Agreement or this Act; claims for subsidence damage to land located within the Reservation arising or occurring at any time up to and including June 30, 2009; claims for subsidence damage arising or occurring after June 30, 2009, to land located within the Reservation resulting from the diversion of underground water in a manner consistent with the Pechanga Settlement Agreement or this Act; and claims arising out of, or relating in any manner to, the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act.
Subject to the retention of rights set forth in subsection (c), to the extent consistent with this Act, the United States, in all its capacities (except as trustee for an Indian tribe other than the Band), as part of the performance of obligations under the Pechanga Settlement Agreement, is authorized to execute a waiver and release of any and all claims against the Band, including any agency, official, or employee of the Band, under Federal, State, or any other law for— claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation in that watershed arising or occurring at any time up to and including June 30, 2009; claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation in that watershed arising or occurring at any time after June 30, 2009, resulting from the diversion or use of water in a manner not in violation the Pechanga Settlement Agreement or this Act; claims for subsidence damage to land located within the Reservation arising or occurring at any time up to and including June 30, 2009; claims for subsidence damage arising or occurring after June 30, 2009, to land located within the Reservation resulting from the diversion of underground water in a manner not in violation of the Pechanga Settlement Agreement or this Act; and claims arising out of, or relating in any manner to, the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act.
Subject to the retention of rights set forth in subsection (c), the Band, on behalf of itself and its members, is authorized to execute a waiver and release of— all claims against the United States, including the agencies and employees of the United States, relating to claims for water rights in, or water of, the Santa Margarita River Watershed that the United States, acting in its capacity as trustee for the Band, asserted, or could have asserted, in any proceeding, including the Adjudication Proceeding; all claims against the United States, including the agencies and employees of the United States, relating to damages, losses, or injuries to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion, or taking of water or water rights, or claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) in the Santa Margarita River Watershed that first accrued at any time up to and including June 30, 2009; all claims against the United States, including the agencies and employees of the United States, relating to the pending litigation of claims relating to the water rights of the Band in the Adjudication Proceeding; and all claims against the United States, including the agencies and employees of the United States, relating to the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act.
The waivers under subsection
(a)shall take effect on the enforceability date. Notwithstanding the waivers and releases authorized in this Act, the Band and the United States, acting in its capacity as trustee for the Band and allottees, retain— claims for enforcement of the Pechanga Settlement Agreement and this Act; claims against persons other than RCWD and EMWD; claims for water rights that are outside the jurisdiction of the Adjudication Court; claims for water rights for land within the Santa Margarita River Watershed that is outside the Reservation, subject to the condition that such claims are for water rights consistent with the water rights recognized for such land in the Fallbrook Decree; rights to use and protect water rights acquired on or after the enforceability date; and remedies, privileges, immunities, powers and claims, including claims for water rights, not specifically waived and released pursuant to this Act and the Pechanga Settlement Agreement. Nothing in the Pechanga Settlement Agreement or this Act— affects the ability of the United States or the Band, acting as sovereign, to take actions authorized by law, including any laws relating to health, safety, or the environment, including— the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and any regulations implementing the Acts described in subparagraphs
(A)through (C); affects the ability of the United States to take actions acting as trustee for any other Indian tribe or an allottee of any other Indian tribe; confers jurisdiction on any State court— to interpret Federal law regarding health, safety, or the environment; to determine the duties of the United States or other parties pursuant to Federal law regarding health, safety, or the environment; or to conduct judicial review of Federal agency action; or waives any claim of a member of the Band in an individual capacity that does not derive from a right of the Band. The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— the Pechanga Settlement Agreement has been approved by the Adjudication Court; all amounts authorized by this Act have been deposited in the Fund; the waivers and releases authorized in subsection
(a)have been executed by the Band and the Secretary; and the Extension of Service Area Agreement— has been approved and executed by all the parties to the Extension of Service Area Agreement; and is effective and enforceable in accordance with the terms of that Agreement. Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the earlier of— April 30, 2030; such alternate date as is agreed to by the Band and the Secretary; and the enforceability date. Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. If the full amount of appropriations authorized by this Act has not been made available to the Secretary by April 30, 2030— the waivers authorized by this section shall expire and no longer have any force or effect; and the statute of limitations for a claim waived under this section shall be tolled until April 30, 2030. If the waivers authorized by this section are void under subsection (g)— the approval of the United States of the Pechanga Settlement Agreement under section 4 shall no longer be effective; any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water right or contract to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized in this Act shall be returned to the Federal Government, unless otherwise agreed to by the Band and the United States and approved by Congress; and except for Federal funds used to acquire or develop property that is returned to the Federal Government under paragraph (2), the United States shall be entitled to set off any Federal funds appropriated or made available to carry out the activities authorized by this Act that were expended or withdrawn, together with any interest accrued, against any claims against the United States relating to water rights asserted by the Band or in any future settlement of the water rights of the Band.
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources