Page:United States Statutes at Large Volume 123.djvu/1424

 123STA T . 1 40 4 PUBLIC LA W 111 – 11 —M A R .30, 200 9(3)al l c la imsof a nyd ama ge, loss, o r in ju ry or for injunc t i v e or ot h er relief b ecause of the condition of or changes in w ater q uality related to, or arising out of, the e x ercise of water rights and ( 4 ) all claims against the S tate of N ew M exico, its agencies, or em p loyees relating to the negotiation or the adoption of the A greement . (b) CLAIMSBYTHE NATI ON A G AINST THE U NITE D STATES. —T he Nation, on behalf of itself and its members (other than in the capacity of the members as allottees), shall execute a waiver and release of— ( 1 ) all claims against the United States, its agencies, or employees relating to claims for water rights in or waters of the San J uan R iver B asin in the State of New Mexico that the United States, acting in its capacity as trustee for the Nation, asserted, or could have asserted, in any proceeding, including but not limited to the stream adjudication; ( 2 ) all claims against the United States, its agencies, or employees relating to damages, losses, or injuries to water, water rights, land, or natural resources due to loss of water or water rights (including but not limited to damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights; claims relating to inference with, diversion, or ta k ing of water or water rights; or claims relating to failure to protect, acquire, replace, or develop water or water rights) in the San Juan River Basin in the State of New Mexico that first accrued at any time up to and including the effective date described in subsection (e); (3) all claims against the United States, its agencies, or employees relating to the pending litigation of claims relating to the Nation ’ s water rights in the stream adjudication; and (4) all claims against the United States, its agencies, or employees relating to the negotiation, execution, or the adoption of the Agreement, the decrees, the Contract, or this subtitle. (c) RESE RV ATION O F CLAIMS.—Notwithstanding the waivers and releases authori z ed in this subtitle, the Nation on behalf of itself and its members (including members in the capacity of the members as allottees) and the United States acting in its capacity as trustee for the Nation and allottees, retain— (1) all claims for water rights or injuries to water rights arising out of activities occurring outside the San Juan River Basin in the State of New Mexico, subject to paragraphs 8 . 0, 9 .3, 9.12, 9.13, and 13.9 of the Agreement; (2) all claims for enforcement of the Agreement, the Con - tract, the P artial F inal D ecree, the Supplemental Partial Final Decree, or this subtitle, through any legal and equitable rem- edies available in any court of competent jurisdiction; (3) all rights to use and protect water rights acquired pursuant to State law after the date of enactment of this Act; (4) all claims relating to activities affecting the quality of water not related to the exercise of water rights, including but not limited to any claims the Nation might have under— (A) the Comprehensive E nvironmental Response, Com- pensation, and L iability Act of 1980 (42 U.S.C. 9 6 01 et seq.);