Sec. 6. WAIVERS, RELEASES, AND RETENTION OF CLAIMS
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## SEC. 6 WAIVERS, RELEASES, AND RETENTION OF CLAIMS ###
(a)Claims by Department Under Big Sandy River-Planet Ranch Agreement ####
(1)In general Except as provided in paragraph (3), the Secretary is authorized to execute a waiver and release of all claims of the Department, acting in its own capacity, against the Corporation under Federal, State, or any other law for— #####
(A)all past and present claims for injury to water rights resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells arising prior to the enforceability date; #####
(B)all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells in a manner not in violation of the Big Sandy River-Planet Ranch Agreement; and #####
(C)all past, present, and future claims arising out of, or relating in any manner to, the negotiation or execution of the Big Sandy River-Planet Ranch Agreement. ####
(2)Effective date The waivers and releases of claims under paragraph
(1)shall— #####
(A)be in the form set forth in exhibit 7.2(ii) to the Big Sandy River-Planet Ranch Agreement; and #####
(B)take effect on the enforceability date. ####
(3)Retention of rights The Department shall retain all rights not expressly waived under paragraph (1), including the right— #####
(A)to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement or this Act in any court of competent jurisdiction (but not a tribal court); and #####
(B)to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement or this Act. ###
(b)Claims by Tribe and United States as Trustee Under Big Sandy River-Planet Ranch Agreement ####
(1)In general Except as provided in paragraph (3), the Tribe and the United States, acting as trustee for the Tribe and members of the Tribe, are authorized to execute a waiver and release of all claims against the Corporation for— #####
(A)any water rights of the Tribe or the United States as trustee for the Tribe and members of the Tribe with respect to Parcel 3 in excess of 300 acre-feet per year; #####
(B)all past and present claims for injury to water rights arising before the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells; and #####
(C)all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells in a manner not in violation of the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement. ####
(2)Effective date The waivers and releases of claims under paragraph
(1)shall— #####
(A)be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and #####
(B)take effect on the enforceability date. ####
(3)Retention of rights The Tribe and the United States, acting as trustee for the Tribe and members of the Tribe, shall retain all rights not expressly waived under paragraph (1), including the right— #####
(A)to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement or this Act in any court of competent jurisdiction (but not a tribal court); and #####
(B)to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement or this Act. ###
(c)Claims by United States as Trustee for Allottees Under Big Sandy River-Planet Ranch Agreement ####
(1)In general Except as provided in paragraph (3), the United States, acting as trustee for the allottees, is authorized to execute a waiver and release of all claims against the Corporation for— #####
(A)any water rights of the allottees or the United States as trustee for the allottees with respect to— ######
(i)Parcel 1 in excess of 82 acre-feet per year; or ######
(ii)Parcel 2 in excess of 312 acre-feet per year; #####
(B)all past and present claims for injury to water rights arising before the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells; and #####
(C)all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells in a manner not in violation of the Big Sandy River-Planet Ranch Agreement. ####
(2)Effective date The waivers and releases of claims under paragraph
(1)shall— #####
(A)be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and #####
(B)take effect on the enforceability date. ####
(3)Retention of rights The United States, acting as trustee for the allottees, shall retain all rights not expressly waived under paragraph (1), including the right— #####
(A)to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement or this Act in any court of competent jurisdiction (but not a tribal court); and #####
(B)to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement or this Act. ###
(d)Claims by Tribe and United States as Trustee Under Hualapai Tribe Agreement ####
(1)In general Except as provided in paragraph (3), the Tribe and the United States, acting as trustee for the Tribe, members of the Tribe, and the allottees, as part of the performance of obligations under the Hualapai Tribe Agreement, are authorized to execute a waiver and release of all claims that the Tribe or the United States as trustee for the Tribe, members of the Tribe, or the allottees may have against the Corporation under Federal, State, or any other law, for— #####
(A)all past and present claims for injury to water rights resulting from the diversion of water by the Corporation from the Bill Williams River watershed arising prior to the enforceability date; #####
(B)all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Bill Williams River watershed in a manner not in violation of the Hualapai Tribe Agreement or the Big Sandy River-Planet Ranch Agreement; and #####
(C)all past, present, and future claims arising out of, or relating in any manner to, the negotiation or execution of the Hualapai Tribe Agreement. ####
(2)Effective date The waivers and releases of claims under paragraph
(1)shall— #####
(A)be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and #####
(B)take effect on the enforceability date. ####
(3)Retention of rights The Tribe and the United States, acting as trustee for the Tribe, the members of the Tribe, and the allottees, shall retain all rights not expressly waived under paragraph (1), including the right to assert— #####
(A)subject to paragraph 10.5 of the Hualapai Tribe Agreement, a claim for breach of, or to seek enforcement of, the Hualapai Tribe Agreement or this Act in any court of competent jurisdiction (but not a tribal court); #####
(B)any claim for injury to, or to seek enforcement of, the rights of the Tribe under any applicable judgment or decree approving or incorporating the Hualapai Tribe Agreement; and #####
(C)any past, present, or future claim to water rights that is not inconsistent with the Hualapai Tribe Agreement or this Act. ###
(e)Claims by Tribe Against United States Under Big Sandy River-Planet Ranch Agreement and Hualapai Tribe Agreement ####
(1)In general In consideration for the benefits to the Tribe, as set forth in the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, and this Act, except as provided in paragraph (3), the Tribe, on behalf of the Tribe and the members of the Tribe, is authorized to execute a waiver and release of all claims against the United States and the agents and employees of the United States for— #####
(A)all past, present, and future claims relating to claims for water rights for Parcel 3 in excess of 300 acre-feet per year that the United States, acting as trustee for the Tribe, asserted or could have asserted against any party to the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement, including the Corporation, including claims relating to— ######
(i)loss of water, water rights, land, or natural resources due to loss of water or water rights on Parcel 3 (including damages, losses, or injuries to hunting, fishing, and gathering rights due to loss of water, water rights, or subordination of water rights); or ######
(ii)failure to protect, acquire, replace, or develop water, water rights, or water infrastructure on Parcel 3; #####
(B)all past, present, and future claims relating to injury to water rights associated with Parcel 3 arising from withdrawal of a protest to the sever and transfer applications referenced in the Big Sandy River-Planet Ranch Agreement; #####
(C)all claims relating to injury to water rights arising after the enforceability date associated with Parcel 3, resulting from the diversion of water by the Corporation from the Bill Williams River watershed in a manner not in violation of the Hualapai Tribe Agreement; and #####
(D)all past, present, and future claims relating to any potential injury arising out of, or relating in any manner to, the negotiation or execution of the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement. ####
(2)Effective date The waivers and releases of claims under paragraph
(1)shall— #####
(A)be in the form set forth in, as applicable— ######
(i)exhibit 7.6(ii) to the Big Sandy River-Planet Ranch Agreement; or ######
(ii)exhibit 7.3(ii) to the Hualapai Tribe Agreement; and #####
(B)take effect on the enforceability date. ####
(3)Retention of rights The Tribe shall retain all rights not expressly waived under paragraph (1), including the right— #####
(A)to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, or this Act in any court of competent jurisdiction (but not a tribal court); and #####
(B)to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, or this Act.