Sec. 10. Waivers and releases

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In return for confirmation of the Navajo Nation’s federally reserved water rights, the water rights or rights to use water of allottees in Utah, and other benefits set forth in the agreement and this Act, and in return for a waiver of claims by the State against the Nation and the United States acting in its trust capacity, the Nation and the United States acting in its trust capacity hereby waive and release— all claims for water rights within Utah based on any and all legal theories that the Navajo Nation, allottees, or the United States acting in its trust capacity, asserted, or could have asserted, at any time in any proceeding, including to the general stream adjudication, up to and including the enforceability date, except to the extent that such rights are recognized in the agreement and this Act; and all claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within Utah against the State, or any person, entity, corporation, or municipality, that accrued at any time up to and including the enforceability date.

The Navajo Nation, on behalf of itself and its members (other than members in their individual capacity, including their capacity as allottees), shall execute a waiver and release of— all claims the Navajo Nation may have against the United States relating in any manner to claims for water rights in or water of Utah that the United States acting in its trust capacity asserted, or could have asserted, in any proceeding, including the general stream adjudication; all claims the Navajo Nation may have against the United States relating in any manner to damages, losses, or injuries to water, water rights, land, or other 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 claims relating to failure to protect, acquire, replace, or develop water or water rights) within Utah that first accrued at any time up to and including the enforceability date; all claims the Nation may have against the United States relating in any manner to the litigation of claims relating to the Nation’s water rights in proceedings in Utah; and all claims the Nation may have against the United States relating in any manner to the negotiation, execution, or the adoption of the agreement or this Act.

Except as provided in subsection (e), the State waives and releases any claims that the State may have against the Navajo Nation, allottees, and the United States acting in its trust capacity, under Federal, State, or other law for— all claims for injury to water rights resulting from the diversion or use of water on or for— the Reservation; Navajo trust land in Utah; Navajo fee land in Utah; or allotments, arising from time immemorial through the enforceability date; all claims for injury to water rights arising after the enforceability date resulting from the diversion or use of water on or for— the Navajo Reservation;

Navajo trust land in Utah; Navajo fee land in Utah; or allotments, in a manner not in violation of the agreement or applicable law; and all claims arising out of or related in any manner to the negotiation or execution of the agreement, or the negotiation or enactment of this Act. Notwithstanding the waivers and releases authorized in this Act, the Navajo Nation, and the United States acting in its trust capacity, retain— all claims for injuries to and the enforcement of the agreement and the final or interlocutory decree entered in the general stream adjudication, through such legal and equitable remedies as may be available in the decree court or the Federal District Court for the District of Utah; all rights to use and protect water rights acquired after the enforceability date; all claims relating to activities affecting the quality of water, including any claims under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.

(including claims for damages to natural resources)), the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.), and the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.), the regulations implementing those Acts, and the common law; all claims for water rights, and claims for injury to water rights, in States other than the State of Utah; all claims, including environmental claims, under any laws (including regulations and the common law) relating to human health, safety, or the environment; and all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to the agreement and this Act.

Notwithstanding the waivers of claims and releases described in this section, the State shall retain any right to— assert claims for the enforcement of the agreement and the final or interlocutory decree entered in the general stream adjudication, through such legal and equitable remedies as may be available in the State decree court or the Federal District Court for the District of Utah; assert claims for injury to, and seek enforcement of, the State’s rights under the judgment and decree entered by the court in the general stream adjudication; assert past, present, and future claims to water that are subject to the general stream adjudication or other applicable law, and that are not inconsistent with the agreement; assert any claims for injury to water rights not specifically waived herein; and take any action including environmental actions, under any laws (including regulations and the common law) relating to human health, safety, or the environment.

Nothing in the agreement or this Act— affects the ability of the United States acting in its sovereign capacity 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.), the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.), and the regulations implementing those laws; affects the ability of the United States to take actions in its capacity as trustee for any other Indian tribe or allottee; confers jurisdiction on any State court to— interpret Federal law regarding health, safety, or the environment or determine the duties of the United States or other parties pursuant to such Federal law; and conduct judicial review of Federal agency action; or modifies, conflicts with, preempts, or otherwise affects— the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq.); the Boulder Canyon Project Adjustment Act (54 Stat. 774, chapter 643); the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act ) ( 43 U.S.C. 620 et seq.); the Act of September 30, 1968 (commonly known as the Colorado River Basin Project Act ) (82 Stat. 885); the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 (59 Stat. 1219); the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000); and the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 (63 Stat. 31, chapter 48).

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 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.

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