Page:United States Statutes at Large Volume 122.djvu/3785

 12 2 STA T .376 2 PUBLIC LA W 11 0– 3 4 2 —O CT. 3 , 200 8Theav a il a b le r e m e d ie s shall i nc l u dee q ui t able relie f, and the p revailin go r substantiall y prevailing party may recover the costs of litigation, including reasonable attorney and e x pert w itness fees, whenever the court determines that such an award is appropriate .‘ ‘ 4 . E ach of the P arties may adopt provisions providing addi - tional enforcement mechanisms and remedies including equitable relief and civil penalties applicable within its j urisdiction to assist in the implementation of this C ompact. ‘ ‘ ARTICLE8 ‘‘A D DITI ON AL P RO V I S IONS ‘‘S ection 8 .1 .E f fect on E x i s tin g Rig h ts. ‘‘ 1 . N othing in this Compact shall be construed to affect, limit, diminish or impair any rights validly established and existing as of the effective date of this Compact under S tate or federal law governing the W ithdrawal of Waters of the B asin. ‘‘ 2 . Nothing contained in this Compact shall be construed as affecting or intending to affect or in any way to interfere with the law of the respective Parties relating to common law Water rights. ‘‘ 3 . Nothing in this Compact is intended to abrogate or derogate from treaty rights or rights held by any Tribe recogni z ed by the federal government of the U nited States based upon its status as a Tribe recognized by the federal government of the United States. ‘‘4. A n approval by a Party or the Council under this Compact does not give any property rights, nor any exclusive privileges, nor shall it be construed to grant or confer any right, title, easement, or interest in, to or over any land belonging to or held in trust by a Party neither does it authorize any injury to private property or invasion of private rights, nor infringement of federal, State or local laws or regulations; nor does it obviate the necessity of obtaining federal assent when necessary. ‘‘Section 8. 2 .Re la tionshi p to Ag r ee m ents Concl ud ed by the U nited States of America. ‘‘1. Nothing in this Compact is intended to provide nor shall be construed to provide, directly or indirectly, to any Person any right, claim or remedy under any treaty or international agreement nor is it intended to derogate any right, claim, or remedy that already exists under any treaty or international agreement. ‘‘2. Nothing in this Compact is intended to infringe nor shall be construed to infringe upon the treaty power of the United States of America, nor shall any term hereof be construed to alter or amend any treaty or term thereof that has been or may hereafter be executed by the United States of America. ‘‘3. Nothing in this Compact is intended to affect nor shall be construed to affect the application of the Boundary Waters Treaty of 1 90 9 whose requirements continue to apply in addition to the requirements of this Compact. ‘‘Section 8. 3 . Confidentiality.

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