Page:United States Statutes at Large Volume 118.djvu/3539

 118 STAT. 3509 PUBLIC LAW 108–451—DEC. 10, 2004 land arising from time immemorial through the enforceability date; and (II) claims for subsidence damage arising after the enforceability date occurring to land within the exterior boundaries of the Reservation, off-Reservation trust land, or fee land resulting from the diversion of underground water in a manner not in violation of the Gila River agreement or State law. (B) CLAIMS FOR WATER RIGHTS AND INJURY TO WATER RIGHTS BY THE UNITED STATES AS TRUSTEE FOR THE ALLOTTEES.—Except as provided in subparagraph 25.12 of the Gila River agreement, the United States, as trustee for the allottees, as part of the performance of its obliga- tions under the Gila River agreement, is authorized to execute a waiver and release of any claims against the State (or any agency or political subdivision of the State) or any other person, entity, corporation, or municipal cor- poration under Federal, State, or other law, for— (i)(I) past, present, and future claims for water rights for land within the exterior boundaries of the Reservation arising from time immemorial and, there- after, forever; and (II) past, present, and future claims for water rights arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land by allottees, or their predecessors; (ii)(I) past and present claims for injury to water rights for land within the exterior boundaries of the Reservation arising from time immemorial through the enforceability date; (II) past, present, and future claims for injury to water rights arising from time immemorial and, thereafter, forever, that are based on aboriginal occu- pancy of land by allottees or their predecessors; and (III) claims for injury to water rights arising after the enforceability date for land within the exterior boundaries of the Reservation resulting from the off- Reservation diversion or use of water in a manner not in violation of the Gila River agreement or State law; (iii) past, present, and future claims arising out of or relating in any manner to the negotiation or execution of the Gila River agreement or the negotia- tion or enactment of titles I and II; and (iv) past and present claims for subsidence damage occurring to land within the exterior boundaries of the Reservation arising from time immemorial through the enforceability date. (C) CLAIMS FOR INJURY TO WATER QUALITY BY THE COMMUNITY.—Except as provided in subparagraph 25.12 of the Gila River agreement, the Community, on behalf of the Community and Community members (but not mem- bers in their capacities as allottees), as part of the perform- ance of its obligations under the Gila River agreement, is authorized to execute a waiver and release of any claims, and to agree to waive its right to request the United States to bring any claims, against the State (or any agency VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00043 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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