Page:United States Statutes at Large Volume 118.djvu/3593

 118 STAT. 3563 PUBLIC LAW 108–451—DEC. 10, 2004 not in violation of the Tohono O’odham settlement agreement or State law against— ‘‘(A) the United States; ‘‘(B) the State (or any agency or political subdivision of the State); ‘‘(C) any municipal corporation; and ‘‘(D) any other person or entity; and ‘‘(4) any and all past, present, and future claims arising out of or relating to the negotiation or execution of the Tohono O’odham settlement agreement or the negotiation or enactment of this title, against— ‘‘(A) the United States; ‘‘(B) the State (or any agency or political subdivision of the State); ‘‘(C) any municipal corporation; and ‘‘(D) any other person or entity. ‘‘(b) WAIVER OF CLAIMS BY THE ALLOTTEE CLASSES.—The Tohono O’odham settlement agreement shall provide that each allottee class waives and releases— ‘‘(1) any and all past, present, and future claims for water rights (including claims based on aboriginal occupancy) arising from time immemorial and, thereafter, forever, claims for injuries to water rights arising from time immemorial through the enforceability date for land within the San Xavier Reserva- tion, against— ‘‘(A) the State (or any agency or political subdivision of the State); ‘‘(B) any municipal corporation; and ‘‘(C) any other person or entity (other than the Nation); ‘‘(2) any and all claims for water rights arising from time immemorial and, thereafter, forever, claims for injuries to water rights arising from time immemorial through the enforceability date, and claims for failure to protect, acquire, or develop water rights for land within the San Xavier Reservation from time immemorial through the enforceability date, against the United States (including any agency, officer, and employee of the United States); ‘‘(3) any and all claims for injury to water rights arising after the enforceability date for land within the San Xavier Reservation resulting from the off-Reservation diversion or use of water in a manner not in violation of the Tohono O’odham settlement agreement or State law against— ‘‘(A) the United States; ‘‘(B) the State (or any agency or political subdivision of the State); ‘‘(C) any municipal corporation; and ‘‘(D) any other person or entity; ‘‘(4) any and all past, present, and future claims arising out of or relating to the negotiation or execution of the Tohono O’odham settlement agreement or the negotiation or enactment of this title, against— ‘‘(A) the United States; ‘‘(B) the State (or any agency or political subdivision of the State); ‘‘(C) any municipal corporation; and ‘‘(D) any other person or entity; and VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00097 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

�