Page:United States Statutes at Large Volume 102 Part 3.djvu/605

 PUBLIC LAW 100-512—OCT. 20, 1988

102 STAT. 2557

recover damages, if any, for the extinguishment of claims effected by subparagraphs (a)(l)(A) and (a)(1)(B) of this section: Provided, however, That any claim for damages for rights extinguished by subparagraph (a)(l)(B) of this section shall not be joined in the same action as a claim for damages for rights extinguished by subparagraph (a)(l)(A) of this section. (5) The United States shall have a claim only against the Community for any judgment entered against it in any action for damages for water rights extinguished by subparagraph (a)(l)(B) of this section, and the Community shall not have sovereign immunity with respect to such claim. (6)(A) With respect to any claim against the United States which is extinguished by subparagraphs (a)(l)(A) and (a)(l)(B), the United States may assert as a defense in any action brought pursuant to paragraph (a)(4) of this section the limitation of section 2501 of title 28, United States Code, as to damages incurred more than six years before the commencement of the action, but it shall not assert a timeliness defense as to damages incurred within six years before the commencement of the action. (B) With respect to any claim for damages for rights extinguished by subparagraph (a)(l)(B) of this section, the United States may assert as a defense any defense which the person whose liability was extinguished might have aisserted in an action brought by the Allottees against him prior to the effective date of this Act. (b)(1) The Community is authorized, as part of the performance of its obligations under the Agreement, to execute a waiver and release of all present and future claims of water rights or injuries to water rights (including water rights in ground water, surface water, and effluent), from time immemorial to the effective date of this Act, and any and all future claims of water rights (including water rights in ground water, surface water, and effluent), from and after the effective date of this Act, which the Community may have, or which it may have standing to assert on behalf of its members and Allottees, against the United States; the State of Arizona or any agency or political subdivision thereof; or any other person, corporation, or municipal corporation, arising under the laws of the United States or the State of Arizona. (2) In any action asserted within two years after the date of enactment of this Act by the Community against the United States in the United States Claims Court for monetary damages based upon loss or impairment of water rights the United States may assert a limitation as to damages incurred more than eight years before the commencement of the action instead of the six year limitation of section 2501 of title 28, United States Code, and it shall not assert a timeliness defense as to damages incurred within eight years before the commencement of the action. (c) The benefits realized by the Community under this Act shall constitute full and complete satisfaction of all monetary claims against the United States for any damages alleged to accrue after completion of the requirements of section 12(a). (d) Except as provided in paragraph (a)(5) of this section and paragraphs 17.2 and 17.5 of the Agreement, the United States shall not assert any claim against any person in its own right or on behalf of the Community based upon— (1) water rights or injuries to water rights of the Community, its members or Allottees; or

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