Sec. 9. Waiver and release of claims
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Subject to the reservation of rights and retention of Claims set forth in subsection (e), as consideration for the recognition of the Tribal Water Right and the other benefits described in the Agreement and this Act, the Tribe on its own behalf (and on behalf of Tribal Members where the Claims of the Tribal Members derive from rights of the Tribe) and the United States, acting as trustee for the Tribe, shall execute a waiver and release of all Claims for— water rights that the Tribe, or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including the Agua Caliente Litigation, on or before the Enforceability Date, except to the extent that such rights are recognized in the Agreement and this Act; rights to pore space that the Tribe, or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including the Agua Caliente Litigation, on or before the Enforceability Date, except to the extent that rights related to pore space are recognized in the Agreement and this Act; damages, losses, or injuries to water rights or claims of interference with, diversion of, or taking of water rights (including Claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) against CVWD or DWA arising or occurring at any time up to and including the Enforceability Date or arising or occurring after the Enforceability Date as the result of actions consistent with the provisions of the Agreement and this Act; damages, losses, or injuries resulting from Groundwater overdraft, including subsidence or loss of storage capacity, against CVWD or DWA arising or occurring at any time up to and including the Enforceability Date or arising or occurring after the Enforceability Date as the result of actions consistent with the provisions of the Agreement and this Act; damages, losses, or injuries resulting from CVWD’s or DWA’s imposition, assessment, levy, charge, or collection of RAC on the Reservation at any time up to and including the Enforceability Date or arising or occurring after the Enforceability Date as the result of actions consistent with the provisions of the Agreement and this Act; water quality degradation against CVWD and DWA where the water that is the basis for the Claim meets all relevant Federal and State water quality requirements; damages, losses or injuries resulting from CVWD’s or DWA’s exercise of their authority under California law to provide water service to customers on the Reservation at any time up to and including the Enforceability Date, or after the Enforceability Date when as a result of actions consistent with the Agreement and this Act; and damages, losses, or injuries arising out of, or relating to, the negotiation, execution, or adoption of the Agreement or the negotiation or execution of this Act.
Subject to the reservation of rights and the retention of Claims under subsection (e), and in consideration for recognition of the Tribal Water Right and the other benefits described in the Agreement and this Act, the United States, acting as trustee for the Allottees, shall execute a waiver and release of all Claims for water rights within the Reservation that the United States, acting as trustee for the Allottees, asserted or could have asserted in any proceeding, including the Agua Caliente Litigation, on or before the Enforceability Date, except to the extent that such rights are recognized in the Agreement and this Act.
Subject to the reservation of rights and retention of Claims under subsection (e), the Tribe shall execute a waiver and release of all Claims against the United States (including any agency or employee of the United States) for or related to— water rights that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including the Agua Caliente Litigation, on or before the Enforceability Date, except to the extent that such rights are recognized as part of the Tribal Water Right under the Agreement or this Act; foregone benefits from non-Tribal use of water, on and off the Reservation, first arising before the Enforceability Date; 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 of, or taking of water, or Claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) first arising before the Enforceability Date; failure to prevent degradation of water quality in the Indio Subbasin consistent with the Agreement, or resulting from use of Recycled Water under the Agreement; failure of CVWD or DWA to deliver Domestic Water, or provide Domestic Water Service, to Reservation Customers under terms consistent with the Agreement and the exhibits thereto; failure of CVWD or DWA to comply with the Memorandum of Cooperation; failure of the City of Palm Springs to comply with a future agreement for a RW Project described in Section XVI(B) of the Agreement failure of the County of Riverside to comply with an intergovernmental agreement entered into under section 11(b)(6) of this Act; the litigation of Claims relating to any water right of the Tribe in the Indio Subbasin, first arising before the Enforceability Date; and damages, losses, or injuries arising out of, or relating to, the negotiation, execution, or adoption of the Agreement or the negotiation or execution of this Act, first arising before the Enforceability Date.
The waivers and releases described in subsections (a), (b), and
(c)shall take effect on the Enforceability Date. Notwithstanding the waivers and releases under subsections (a), (b), and (c), the Tribe and the United States, acting as trustee for the Tribe and Allottees, shall retain— all Claims for enforcement of the Agreement, this Act, and the Final Judgment and Decree; except as provided by Sections XIV(D) and XV(C) of the Agreement, all Claims under State and Federal law related to activities affecting the quality of water, including Claims under— the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and amendments thereto, including for damages to natural resources; 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. ) (commonly referred to as the Clean Water Act ) and amendments thereto; and any regulations implementing the Acts described in subparagraphs
(A)through (C). the right to use and protect water rights acquired after the enactment of this Act; Claims for damages, losses, or injuries to land or natural resources, including hunting, fishing, gathering, or cultural rights, that are not due to loss of water or water rights under subsection (a)(3) and are not covered by subsections (a)(2) and (a)(4) through (a)(7); Claims for damages, losses, or injuries resulting from a Water District’s failure to obtain the requisite permission, consent, or authority to use or to construct and maintain water infrastructure or other improvements on Agua Caliente Indian Reservation Trust Land as required by Federal law; Claims for damages, losses, or injuries resulting from a Water District’s negligent, reckless, or willful misconduct; all rights, remedies, privileges, immunities, and powers and Claims not waived and released pursuant to the Agreement or this Act; and the right to assert all defenses, including sovereign immunity, that the Tribe and United States otherwise could assert in response to the Claims retained by CVWD and DWA in section XIX(F) of the Agreement. Nothing in this Act— reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity, except to the degree that specific actions are preempted, prohibited, authorized, or required; affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including— the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and amendments thereto; the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ) and amendments thereto; the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ) and amendments thereto; the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ); and any regulations implementing the Acts described in subparagraphs
(A)through (D). affects the ability of the United States to act 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 relating to health, safety, or the environment; to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; to conduct judicial review of a Federal agency action; or to interpret Tribal Law; or waives any Claim of a Tribal Member in an individual capacity that does not derive from a right of the Tribe. Each applicable period of limitation and time-based equitable defense relating to a Claim described in this section or in Section XIX of the Agreement 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 limitation or any time-based equitable defense under any other applicable law.
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