117 STAT. 794
PUBLIC LAW 108–34—JUNE 23, 2003
waives and releases, subject to the retentions in paragraphs 11.4, 11.6 and 11.7 of the Settlement Agreement, the State of Arizona, or any agency or political subdivision thereof, or any other person, entity, corporation, or municipal corporation for— (A) all future common law claims arising from or relating to water quality in which the injury or threat of injury asserted is to the Tribe’s interest in water, trust land, and natural resources in the Eastern LCR basin in Arizona accruing after the effective date described in section 9(a) caused by— (i) the lawful diversion or use of surface water; (ii) the lawful withdrawal or use of underground water, except within the Zuni Protection Area, as provided in article 5 of the Settlement Agreement; (iii) the Parties’ performance of any obligations under the Settlement Agreement; (iv) the discharge of oil associated with routine physical or mechanical maintenance of wells or diversion structures not inconsistent with applicable law; (v) the discharge of oil associated with routine start-up and operation of well pumps not inconsistent with applicable law; or (vi) any combination of the causes described in clauses (i) through (v); and (B) all future natural resource damage claims accruing after the effective date described in section 9(a) arising from or relating to water quality in which the claim is based on injury to natural resources or threat to natural resources in the Eastern LCR basin in Arizona, only for those cases in which the United States, through the Secretary or other designated Federal official, would act on behalf of the Tribe as a natural resource trustee pursuant to the National Contingency Plan, as set forth, as of the date of enactment of this Act, in section 300.600(b)(2) of title 40, Code of Federal Regulations, caused by— (i) the lawful diversion or use of surface water; (ii) the lawful withdrawal or use of underground water, except within the Zuni Protection Area as provided in article 5 of the Settlement Agreement; (iii) the Parties’ performance of their obligations under this Settlement Agreement; (iv) the discharge of oil associated with routine physical or mechanical maintenance of wells or diversion structures not inconsistent with applicable law; (v) the discharge of oil associated with routine start-up and operation of well pumps not inconsistent with applicable law; or (vi) any combination of the causes described in clauses (i) through (v). (f) EFFECT.—Subject to subsections (b) and (e), nothing in this Act or the Settlement Agreement affects any right of the United States, or the State of Arizona, to take any actions, including enforcement actions, under any laws (including regulations) relating to human health, safety and the environment.
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