Page:United States Statutes at Large Volume 114 Part 1.djvu/778

 114 STAT. 742 PUBLIC LAW 106-263—AUG. 18, 2000 (c) SETTLEMENT. — The Shivwits Band may use water from the springs and runoff located on the Shivwits Reservation. The amount used from these sources will be reported annually to the Utah State Engineer by the Shivwits Band and shall be counted against the annual 4,000 acre-feet Shivwits Water Right. (d) ABANDONMENT, FORFEITURE, OR NONUSE. —The Shivwits Water Right shall not be subject to loss by abandonment, forfeiture, or nonuse. (e) USE OR LEASE. —The Shivwits Band may use or lease the Shivwits Water Right for either or both of the following: (1) For any purpose permitted by tribal or Federal law an5rwhere on the Shivwits Band Reservation. Once the water is delivered to the Reservation, such use shall not be subject to State law, regulation, or jurisdiction. (2) For any beneficial use off the Shivwits Reservation in accordance with the St. George Water Reuse Agreement, the Santa Clara Project Agreement, the Settlement Agreement, and all applicable Federal and State laws. No service contract, lease, exchange, or other agreement entered into under this subsection may permanently alienate any portion of the Shivwits Water Right. SEC. 8. RATIFICATION OF AGREEMENTS. Except to the extent that the St. George Water Reuse Project Agreement, the Santa Clara Project Agreement, and the Settlement i^reement conflict with the provisions of this Act, such agreements are hereby approved, ratified, and confirmed. The Secretary is hereby authorized to execute, and take such other actions as are necessary to implement, such agreements. SEC. 9. SATISFACTION OF CLAIMS. (a) FULL SATISFACTION OF CLAIMS. —The benefits realized by the Shivwits Band and its members under the St. George Water Reuse Project Agreement, the Santa Clara Project Agreement, the Settlement Agreement, and this Act shall constitute full and complete satisfaction of all water rights claims, and any continuation thereafter of any of these claims, of the Shivwits Band and its members, and the Paiute Indian Tribe of Utah acting on behalf of the Shivwits Band, for water rights or injuries to water rights under Federal and State laws from time immemorial to the effective date of this Act. Notwithstanding the foregoing, nothing in this Act shall be— (1) deemed to recognize or establish any right of a member of the Shivwits Band to water on the Shivwits Reservation; or (2) interpreted or construed to prevent or prohibit the Shivwits Band from participating in the future in other water projects, or from purchasing additional water rights for their benefit and use, to the same extent as any other entity. (b) WAIVER AND RELEASE.— By the approval, ratification, and confirmation herein of the St. George Water Reuse Project Agreement, the Santa Clara Project Agreement, and the Settlement Agreement, the United States executes the following waiver and release in conjunction with the Reservation of Rights and Retention of Claims set forth in the Settlement Agreement, to be effective upon satisfaction of the conditions set forth in section 14 of this Act. Except as otherwise provided in the Settlement Agreement, this Act, or the proposed judgment and decree referred to in section

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