Sec. 14. Waivers, releases, and retention of claims
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Except as provided in paragraph (3), the Navajo Nation, on behalf of the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), and the United States, acting as trustee for the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), as part of the performance of the respective obligations of the Navajo Nation and the United States under the Settlement Agreement and this Act, are authorized to execute a waiver and release of all claims against the State (or any agency or political subdivision of the State), the Hopi Tribe, the Hopi Allottees, the San Juan Southern Paiute Tribe, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law for all of the following:
Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Navajo Land, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Water Rights, including rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the Navajo Nation, the predecessors of the Navajo Nation, the Members of the Navajo Nation, or predecessors of the Members of the Navajo Nation.
Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Navajo Land, arising from time immemorial through the Enforceability Date. Past, present, and future claims for Injury to Water for Navajo Land, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the Navajo Nation, the predecessors of the Navajo Nation, the Members of the Navajo Nation, or predecessors of the Members of the Navajo Nation.
Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, for Navajo Land, resulting from the diversion or Use of water outside of Navajo Land in a manner not in violation of the Settlement Agreement or State law. Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act.
The waiver and release of claims described in paragraph
(1)shall— be in the form described in Exhibit 13.1 to the Settlement Agreement; and take effect on the Enforceability Date. Notwithstanding the waiver and release of claims described in paragraph
(1)and Exhibit 13.1 to the Settlement Agreement, the Navajo Nation, acting on behalf of the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), and the United States, acting as trustee for the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), shall retain any right— to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the Settlement Agreement, whether those rights are generally stated or specifically described, or this Act, in any Federal or State court of competent jurisdiction; to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the LCR Decree and the Gila River Adjudication Decree; to assert claims for Water Rights, for land owned or acquired by the Navajo Nation in fee, or held in trust by the United States for the benefit of the Navajo Nation, in the LCR Watershed pursuant to subparagraphs 4.11 and 4.12, of the Settlement Agreement, or in the Gila River Basin pursuant to subparagraphs 4.14 and 4.15 of the Settlement Agreement; to object to any claims for Water Rights by or for— any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and to assert past, present, or future claims for Injury to Water Rights— against any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe. Except as provided in paragraph (3), the United States, acting as trustee for the Navajo Allottees, as part of the performance of the obligations of the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the State (or any agency or political subdivision of the State), the Navajo Nation, the Hopi Tribe, the Hopi Allottees, and the San Juan Southern Paiute Tribe, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law, for all of the following: Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Navajo Allotments, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Water Rights, including rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the Navajo Allottees or predecessors of the Navajo Allottees. Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Navajo Allotments, arising from time immemorial through the Enforceability Date. Past, present, and future claims for Injury to Water for Navajo Allotments, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by Navajo Allottees or predecessors of the Navajo Allottees. Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, for the Navajo Allotments, resulting from the diversion or Use of water outside of Navajo Allotments in a manner not in violation of the Settlement Agreement or State law. Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act. The waiver and release of claims under paragraph
(1)shall— be in the form described in Exhibit 13.2 to the Settlement Agreement; and take effect on the Enforceability Date. Notwithstanding the waiver and release of claims described in paragraph (1), the United States, acting as trustee for the Navajo Allottees, shall retain any right— to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Allottees under the Settlement Agreement, whether those rights are generally stated or specifically described, or this Act, in any Federal or State court of competent jurisdiction; to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Allottees under the LCR Decree; to object to any claims for Water Rights by or for— any Indian Tribe other than the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe other than the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and to assert past, present, or future claims for Injury to Water Rights against— any Indian Tribe other than the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe other than the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe. Except as provided in paragraph (3), the Navajo Nation, acting on behalf of the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), as part of the performance of the obligations of the Navajo Nation under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the United States, including agencies, officials, and employees of the United States, under Federal, State, or other law for all of the following: Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Navajo Land arising from time immemorial and, thereafter, forever. Past, present, and future claims for Water Rights, including rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the Navajo Nation, the predecessors of the Navajo Nation, the Members of the Navajo Nation, or predecessors of the Members of the Navajo Nation. Claims for Water Rights within the State that the United States, acting as trustee for the Navajo Nation and Navajo Allottees, asserted or could have asserted in any proceeding, except to the extent that such rights are recognized as part of the Navajo Nation’s Water Rights under this Act. Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Navajo Land, arising from time immemorial through the Enforceability Date. Past, present, and future claims for Injury to Water for Navajo Land, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the Navajo Nation, the predecessors of the Navajo Nation, the Members of the Navajo Nation, or predecessors of the Members of the Navajo Nation. Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date for Navajo Land, resulting from the diversion or Use of water outside of Navajo Land in a manner not in violation of the Settlement Agreement or State law. Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act. Past, present, and future claims arising out of, or relating in any manner to, United States Geological Survey monitoring and reporting activities described in paragraph 7.0 of the Settlement Agreement. Past, present, and future claims arising from time immemorial and, thereafter, forever, relating in any manner to Injury to Water or Injury to Water Rights based on the provisions of paragraphs 8.0 and 9.0 of the Settlement Agreement. Past and present claims for foregone benefits from non-Navajo Use of water, on and off Navajo Land (including water from all sources and for all Uses), within the State arising before the Enforceability Date. Past and present claims for damage, loss, or injury to 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 of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, Water Rights, or water infrastructure, within the State, arising before the Enforceability Date. Past and present claims arising before the Enforceability Date from a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project on Navajo Land. Past and present claims arising before the Enforceability Date from a failure to establish or provide a municipal, rural, or industrial water delivery system on Navajo Land. Past and present claims for damage, loss, or injury to land or natural resources due to construction, operation, and management of irrigation projects on Navajo Land, including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat, within the State arising before the Enforceability Date. Past and present claims arising before the Enforceability Date from a failure to provide a dam safety improvement to a dam on Navajo Land within the State. The waiver and release of claims described in paragraph
(1)shall— be in the form described in Exhibit 13.3 to the Settlement Agreement; and take effect on the Enforceability Date. Notwithstanding the waiver and release of claims described in paragraph
(1)and Exhibit 13.3 to the Settlement Agreement, the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Allottees) shall retain any right— to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the Settlement Agreement, whether those rights are generally stated or specifically described, or this Act, in any Federal or State court of competent jurisdiction; to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the LCR Decree and the Gila River Adjudication Decree; to assert claims for Water Rights for land owned or acquired by the Navajo Nation in fee in the LCR Watershed pursuant to subparagraphs 4.11 and 4.12 of the Settlement Agreement, or in the Gila River Basin pursuant to subparagraphs 4.14 and 4.15 of the Settlement Agreement; to object to any claims for Water Rights by or for— any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and to assert past, present, or future claims for Injury to Water Rights against— any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe. Except as provided in paragraph (3), the United States, in all capacities (except as trustee for an Indian Tribe other than the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe), as part of the performance of the obligations of the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the Navajo Nation, the Members of the Navajo Nation, or any agency, official, or employee of the Navajo Nation, under Federal, State, or any other law for all of the following: Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, resulting from the diversion or Use of water on Navajo Land, arising from time immemorial through the Enforceability Date. Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, resulting from the diversion or Use of water on Navajo Land in a manner that is not in violation of this Agreement or State law. Past, present, and future claims arising out of, or related in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act. The waiver and release of claims under paragraph
(1)shall— be in the form described in Exhibit 13.4 to the Settlement Agreement; and take effect on the Enforceability Date. Notwithstanding the waiver and release of claims described in paragraph
(1)and Exhibit 13.4 to the Settlement Agreement, the United States shall retain any right to assert any claim not expressly waived in accordance with that paragraph and that Exhibit, in any Federal or State court of competent jurisdiction. Except as provided in paragraph (3), the Hopi Tribe, on behalf of the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), and the United States, acting as trustee for the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), as part of the performance of the respective obligations of the Hopi Tribe and the United States under the Settlement Agreement and this Act, are authorized to execute a waiver and release of all claims against the State (or any agency or political subdivision of the State), the Navajo Nation, the Navajo Allottees, the San Juan Southern Paiute Tribe, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law for all of the following: Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Hopi Land, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Water Rights, including rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the Hopi Tribe, the predecessors of the Hopi Tribe, the Members of the Hopi Tribe, or predecessors of the Members of the Hopi Tribe. Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Hopi Land, arising from time immemorial through the Enforceability Date. Past, present, and future claims for Injury to Water for Hopi Land, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the Hopi Tribe, the predecessors of the Hopi Tribe, the Members of the Hopi Tribe, or predecessors of the Members of the Hopi Tribe. Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, for Hopi Land, resulting from the diversion or Use of water outside of Hopi Land in a manner not in violation of the Settlement Agreement or State law. Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act. The waiver and release of claims described in paragraph
(1)shall— be in the form described in Exhibit 13.6 to the Settlement Agreement; and take effect on the Enforceability Date. Notwithstanding the waiver and release of claims described in paragraph
(1)and Exhibit 13.6 to the Settlement Agreement, the Hopi Tribe, acting on behalf of the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), and the United States, acting as trustee for the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), shall retain any right— to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the Settlement Agreement, whether those rights are generally stated or specifically described, or this Act, in any Federal or State court of competent jurisdiction; to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the LCR Decree; to assert claims for Water Rights for land owned or acquired by the Hopi Tribe in fee, or held in trust by the United States for the benefit of the Hopi Tribe, in the LCR Watershed pursuant to subparagraphs 5.10 and 5.11 of the Settlement Agreement; to object to any claims for Water Rights by or for— any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe, other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and to assert past, present, or future claims for Injury to Water Rights against— any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe, other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe. Except as provided in paragraph (3), the United States, acting as trustee for the Hopi Allottees, as part of the performance of the obligations of the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the State (or any agency or political subdivision of the State), the Hopi Tribe, the Navajo Nation, the Navajo Allottees, and the San Juan Southern Paiute Tribe, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law, for all of the following: Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Hopi Allotments, arising from time immemorial, and, thereafter, forever. Past, present, and future claims for Water Rights, including rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the Hopi Allottees or predecessors of the Hopi Allottees. Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Hopi Allotments, arising from time immemorial through the Enforceability Date. Past, present, and future claims for Injury to Water for Hopi Allotments, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by Hopi Allottees or predecessors of the Hopi Allottees. Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, for the Hopi Allotments, resulting from the diversion or Use of water outside of the Hopi Allotments in a manner not in violation of the Settlement Agreement or State law. Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act. The waiver and release of claims under paragraph
(1)shall— be in the form described in Exhibit 13.7 of the Settlement Agreement; and take effect on the Enforceability Date. Notwithstanding the waiver and release of claims described in paragraph
(1)and Exhibit 13.7 of the Settlement Agreement, the United States acting as trustee for the Hopi Allottees, shall retain any right— to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Allottees under the Settlement Agreement, whether those rights are generally stated or specifically described, or this Act, in any Federal or State court of competent jurisdiction; to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Allottees under the LCR Decree; to object to any claims for Water Rights by or for— any Indian Tribe other than the Hopi Tribe, the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe other than the Hopi Tribe, the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and to assert past, present, or future claims for Injury to Water Rights against— any Indian Tribe other than the Hopi Tribe, the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe other than the Hopi Tribe, the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe. Except as provided in paragraph (3), the Hopi Tribe, acting on behalf of the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), as part of the performance of the obligations of the Hopi Tribe under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the United States, including agencies, officials, and employees of the United States, under Federal, State, or other law for all of the following: Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Hopi Land, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Water Rights, including rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the Hopi Tribe, the predecessors of the Hopi Tribe, the Members of the Hopi Tribe, or predecessors of the Members of the Hopi Tribe. Claims for Water Rights within the State that the United States, acting a trustee for the Hopi Tribe and Hopi Allottees, asserted or could have asserted in any proceeding, except to the extent that such rights are recognized as part of the Hopi Tribe’s Water Rights under this Act. Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Hopi Land, arising from time immemorial through the Enforceability Date. Past, present, and future claims for Injury to Water for Hopi Land, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the Hopi Tribe, the predecessors of the Hopi Tribe, the Members of the Hopi Tribe, or predecessors of the Members of the Hopi Tribe. Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date for Hopi Land, resulting from the diversion or Use of water outside of Hopi Land in a manner not in violation of the Settlement Agreement or State law. Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act. Past, present, and future claims arising out of, or relating in any manner to, United States Geological Survey monitoring and reporting activities described in paragraph 7.0 of the Settlement Agreement. Past, present, and future claims arising from time immemorial and, thereafter, forever, relating in any manner to Injury to Water or Injury to Water Rights based on the provisions of paragraphs 8.0 and 9.0 of the Settlement Agreement. Past and present claims for foregone benefits from non-Hopi Use of water, on and off Hopi Land (including water from all sources and for all Uses), within the State arising before the Enforceability Date. Past and present claims for damage, loss, or injury to 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 of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, Water Rights, or water infrastructure, within the State, arising before the Enforceability Date. Past and present claims arising before the Enforceability Date from a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project on Hopi Land. Past and present claims arising before the Enforceability Date from a failure to establish or provide a municipal, rural, or industrial water delivery system on Hopi Land. Past and present claims for damage, loss, or injury to land or natural resources due to construction, operation, and management of irrigation projects on Hopi Land, including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat, within the State arising before the Enforceability Date. The waiver and release of claims described in paragraph
(1)shall— be in the form described in Exhibit 13.8 to the Settlement Agreement; and take effect on the Enforceability Date. Notwithstanding the waiver and release of claims described in paragraph
(1)and Exhibit 13.8 to the Settlement Agreement, the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees) shall retain any right— to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the Settlement Agreement, whether those rights are generally stated or specifically described, or this Act, in any Federal or State court of competent jurisdiction; to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the LCR Decree; to assert claims for Water Rights for land owned or acquired by the Hopi Tribe in fee in the LCR Watershed pursuant to subparagraphs 5.10 and 5.11 of the Settlement Agreement; to object to any claims for Water Rights by or for— any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and to assert past, present, or future claims for Injury to Water Rights against— any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe. Except as provided in paragraph (3), the United States, in all capacities (except as trustee for an Indian Tribe other than the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe), as part of the performance of the obligations of the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the Hopi Tribe, the Members of the Hopi Tribe, or any agency, official, or employee of the Hopi Tribe, under Federal, State, or any other law for all of the following: Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, resulting from the diversion or Use of water on Hopi Land arising from time immemorial through the Enforceability Date. Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, resulting from the diversion or Use of water on Hopi Land in a manner that is not in violation of the Settlement Agreement or State law. Past, present, and future claims arising out of, or related in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act. The waiver and release of claims under paragraph
(1)shall— be in the form described in Exhibit 13.9 to the Settlement Agreement; and take effect on the Enforceability Date. Notwithstanding the waiver and release of claims described in paragraph
(1)and Exhibit 13.9 to the Settlement Agreement, the United States shall retain any right to assert any claim not expressly waived in accordance with that paragraph and that Exhibit, in any Federal or State court of competent jurisdiction. Except as provided in paragraph (3), the San Juan Southern Paiute Tribe, on behalf of the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe, and the United States, acting as trustee for the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe, as part of the performance of the respective obligations of the San Juan Southern Paiute Tribe and the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the State (or any agency or political subdivision of the State), the Hopi Tribe, the Hopi Allottees, the Navajo Nation, the Navajo Allottees, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law for all of the following: Past, present, and future claims for Water Rights, including rights to Colorado River Water, for San Juan Southern Paiute Land, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Water Rights, including rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the San Juan Southern Paiute Tribe, the predecessors of the San Juan Southern Paiute Tribe, the Members of the San Juan Southern Paiute Tribe, or predecessors of the Members of the San Juan Southern Paiute Tribe. Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for San Juan Southern Paiute Land, arising from time immemorial through the Enforceability Date. Past, present, and future claims for Injury to Water for San Juan Southern Paiute Land, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the San Juan Southern Paiute Tribe, the predecessors of the San Juan Southern Paiute Tribe, the Members of the San Juan Southern Paiute Tribe, or predecessors of the Members of the San Juan Southern Paiute Tribe. Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, for San Juan Southern Paiute Land, resulting from the diversion or Use of water outside of San Juan Southern Paiute Land in a manner not in violation of the Settlement Agreement or State law. Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act. The waiver and release of claims described in paragraph
(1)shall— be in the form described in Exhibit 13.11 to the Settlement Agreement; and take effect on the Enforceability Date. Notwithstanding the waiver and release of claims described in paragraph
(1)and Exhibit 13.11 to the Settlement Agreement, the San Juan Southern Paiute Tribe, acting on behalf of the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe, and the United States, acting as trustee for the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe, shall retain any right— to assert claims for injuries to, and seek enforcement of, the rights of the San Juan Southern Paiute Tribe under the Settlement Agreement, whether those rights are generally stated or specifically described, or this Act, in any Federal or State court of competent jurisdiction; to assert claims for injuries to, and seek enforcement of, the rights of the San Juan Southern Paiute Tribe under the LCR Decree; to assert claims for Water Rights for land owned or acquired by the San Juan Southern Paiute Tribe in fee or held in trust by the United States for the benefit of the San Juan Southern Paiute Tribe in the LCR Watershed pursuant to subparagraphs 6.4 and 6.5 of the Settlement Agreement; to object to any claims for Water Rights by or for— any Indian Tribe other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; and to assert past, present, or future claims for Injury to Water Rights against— any Indian Tribe other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe. Except as provided in paragraph (3), the San Juan Southern Paiute Tribe, acting on behalf of the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe, as part of the performance of the obligations of the San Juan Southern Paiute Tribe under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the United States, including agencies, officials, and employees of the United States, under Federal, State, or other law for all of the following: Past, present, and future claims for Water Rights, including rights to Colorado River Water, for San Juan Southern Paiute Land, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Water Rights, including rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the San Juan Southern Paiute Tribe, the predecessors of the San Juan Southern Paiute Tribe, the Members of the San Juan Southern Paiute Tribe, or predecessors of the Members of the San Juan Southern Paiute Tribe. Claims for Water Rights within the State that the United States, acting as trustee for the San Juan Southern Paiute Tribe, asserted or could have asserted in any proceeding, except to the extent that such rights are recognized as part of the San Juan Southern Paiute Tribe’s Water Rights under this Act. Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for San Juan Southern Paiute Land, arising from time immemorial through the Enforceability Date. Past, present, and future claims for Injury to Water for San Juan Southern Paiute Land, arising from time immemorial and, thereafter, forever. Past, present, and future claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising from time immemorial and, thereafter, forever, that are based on the aboriginal occupancy of land within the State by the San Juan Southern Paiute Tribe, the predecessors of the San Juan Southern Paiute Tribe, the Members of the San Juan Southern Paiute Tribe, or predecessors of the Members of the San Juan Southern Paiute Tribe. Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date for San Juan Southern Paiute Land, resulting from the diversion or Use of water outside of San Juan Southern Paiute Land in a manner not in violation of this Agreement or State law. Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of this Agreement, any judgment or decree approving or incorporating this Agreement, or this Act. Past, present, and future claims arising out of, or relating in any manner to, United States Geological Survey monitoring and reporting activities described in paragraph 7.0 of the Settlement Agreement. Past, present, and future claims arising from time immemorial and, thereafter, forever, relating in any manner to Injury to Water or Injury to Water Rights based on the provisions of paragraphs 8.0 and 9.0 of the Settlement Agreement. Past and present claims for foregone benefits from non-San Juan Southern Paiute Tribe Use of water, on and off San Juan Southern Paiute Land (including water from all sources and for all Uses), within the State arising before the Enforceability Date. Past and present claims for damage, loss, or injury to 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 of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, Water Rights, or water infrastructure, within the State, arising before the Enforceability Date. Past and present claims arising before the Enforceability Date from a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project on San Juan Southern Paiute Land. Past and present claims arising before the Enforceability Date from a failure to establish or provide a municipal, rural, or industrial water delivery system on San Juan Southern Paiute Land. Past and present claims for damage, loss, or injury to land or natural resources due to construction, operation, and management of irrigation projects on San Juan Southern Paiute Land, including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat, within the State arising before the Enforceability Date. The waiver and release of claims described in paragraph
(1)shall be— in the form described in Exhibit 13.12 to the Settlement Agreement; and take effect on the Enforceability Date. Notwithstanding the waiver and release of claims described in paragraph
(1)and Exhibit 13.12 to the Settlement Agreement, the San Juan Southern Paiute Tribe, acting on behalf of the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe shall retain any right— to assert claims for injuries to, and seek enforcement of, the rights of the San Juan Southern Paiute Tribe under the Settlement Agreement, whether those rights are generally stated or specifically described, or this Act, in any Federal or State court of competent jurisdiction; to assert claims for injuries to, and seek enforcement of, the rights of the San Juan Southern Paiute Tribe under the LCR Decree; to assert claims for Water Rights for land owned or acquired by the San Juan Southern Paiute Tribe in fee in the LCR Watershed pursuant to subparagraphs 6.4 and 6.5 of the Settlement Agreement; to object to any claims for Water Rights by or for— any Indian Tribe other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; and to assert past, present, or future claims for Injury to Water Rights against— any Indian Tribe other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; or the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe. Except as provided in paragraph (3), the United States, in all capacities (except as trustee for an Indian Tribe other than the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe), as part of the performance of the obligations of the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the San Juan Southern Paiute Tribe, the Members of the San Juan Southern Paiute Tribe, or any agency, official, or employee of the San Juan Southern Paiute Tribe, under Federal, State, or any other law for all: Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, resulting from the diversion or Use of water on San Juan Southern Paiute Land arising from time immemorial through the Enforceability Date. Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, resulting from the diversion or Use of water on San Juan Southern Paiute Land in a manner that is not in violation of the Settlement Agreement or State law. Past, present, and future claims arising out of, or related in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act. The waiver and release of claims under paragraph
(1)shall— be in the form described in Exhibit 13.13 to the Settlement Agreement; and take effect on the Enforceability Date. Notwithstanding the waiver and release of claims described in paragraph
(1)and Exhibit 13.13 to the Settlement Agreement, the United States shall retain any right to assert any claim not expressly waived in accordance with that paragraph and that Exhibit, in any Federal or State court of competent jurisdiction.