Page:United States Statutes at Large Volume 108 Part 5.djvu/1041

 PUBLIC LAW 103-434—OCT. 31, 1994 108 STAT. 4531 or against any other person, corporation, or municipal corporation, arising under the laws of the United States or the State of Arizona based upon water rights or injuries to water rights of the Tribe and its members or based upon water rights or injuries to water rights held by the United States on behalf of the Tribe and its members. (d) RIGHTS RETAINED.—In the event the waivers of claims authorized in subsection (b) of this section do not become effective gursuant to section 112(a), the Tribe, and the United States on ehalf of the Tribe, shall retain the right to assert past and future water rights claims as to all reservation lands. (e) JURISDICTION.— The United States District Court for the District of Arizona shall have original jurisdiction of all actions arising under this title, the Settlement Agreement and the Water Service Agreement, including review pursuant to title 9, United States Code, of any arbitration and award under the Water Service Agreement. (f) CLAIMS. — Nothing in this title shall be deemed to prohibit the Tribe, or the United States on behalf of the Tribe, from asserting or mgdntaining any claims for the breach or enforcement of the Settlement Agreement or the Water Service Agreement. (g) DISCLAIMER. — Nothing in this title shall affect the water rights or claims related to any trust allotment located outside the exterior boimdaries of the reservation of any member of the Tribe. (h) FULL SATISFACTION OF CLAIMS.—Payments made to Prescott under this title shall be in full satisfaction for any claim that Prescott might have against the Secretary or the United States related to the allocation, reallocation, reUnquishment or delivery of CAP water. SEC. 111. MISCELLANEOUS PROVISIONS. (a) JOINING OF PARTIES. —In the event any party to the Settlement Agreement should file a lawsuit in any United States district court relating only and directly to the interpretation or enforcement of the Settlement Agreement or this title, naming the United States of America or the Tribe as parties, authorization is hereby granted to join the United States of America or the Tribe, or both, in any such litigation, and any claim by the United States of America or the Tribe to sovereign immunity from such suit is hereby waived. In the event Prescott submits a dispute under the Water Service Agreement to arbitration or seeks review by the United States District Court for the District of Arizona of an arbitration award under the Water Service Agreement, any claim by the Tribe to sovereign immunity from such arbitration or review is hereby waived. (b) No REIMBURSEMENT.—The United States of America shall make no claims for reimbursement of costs arising out of the implementation of the Settlement Agreement or this title against any lands within the Yavapai-Prescott Indian Reservation, and no assessment shall be maae with regard to such costs against such lands. (c) WATER MANAGEMENT. —The Tribe shall establish a ground water management plan for the Reservation which, except to be consistent with the Water Service Agreement, the Settlement Agreement and this title, will be compatible with the ground water management plan in effect for the Prescott Active Management

�