Page:United States Statutes at Large Volume 106 Part 6.djvu/191

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PUBLIC LAW 102-575—OCT. 30, 1992 106 STAT. 4749 to execute a waiver and release, except as provided in the Agreement, of all claims of water rights or injuries to water rights (including water rights in ground water, surface water and effluent), from time immemorial to the effective date of this title, and any and all future claims of water rights (including water rights in ground water, surface water and effluent), from and after the effective date of this title, which the Tribe and its members may have, against the United States, the State of Arizona or any agency or political subdivision thereof, or any other person, corporation, or municipal corporation, arising under the laws of the United States, the State of Arizona or otherwise. (c) ADDITIONAL RELEASES.—Except as provided in the Agreement, the United States shall not assert any claim against the State of Arizona or any political subdivision thereof, or any person, corporation or municipal corporation, arising under the laws of the United States, the State of Arizona or otherwise in its own right or on behalf of the Tribe based upon— (1) water rights or injuries to water rights (including water rights in ground water, surface water and effluent) of the Tnbe and its members, or (2) water rights or injuries to water rights (including water rights in groimd water, surface water and effluent) held by the United States on behalf of the Tribe and its members. (d) SAVINGS PROVISION. —In the event the authorizations contained in subsection (b) of this section do not become effective pursuant to section 3711(a), the Tribe and the United States shall retain the right to assert past and future water rights claims as to all Reservation lands. (e) DISCLAIMER. —Nothing in this title shall affect the water right or claims related to the San Carlos Apache Allotments outside the exterior boimdaries of the Reservation. (f) CLAIMS. —(1) The United States District Court for the District of Arizona and the United States Claims Court are authorized to hear and decide any claim brought by the Central Arizona Water Conservation District or other contractors of CAP water. Any such claim shall be filed within two years of the date of enactment of this Act, and shall be heard by the court on an expedited basis. If such a claim is filed and the court grants judgment for the plaintiff(s), the court shall award such relief as it deems proper, and shall award costs and attorneys' fees to the plaintiffts). Any judgment of the court shall be subject to appeal on the same basis that other judgments of that court are subject to review under existing law. (2) For purposes of this subsection, "claim" means a claim that the reallocation of water to the Tribe pursuant to section 3704(a) of this Act has unlawfully deprived the Central Arizona Water Conservation District or other contractors of CAP water of legal rights to such water. SEC. 3709. ENVIRONMENTAL COMPLIANCE. (a) No MAJOR FEDERAL ACTION. —Execution of the settlement agreement by the Secretary as provided for in section 3710(c) shall not constitute major Federal action under the National Environmental Policy Act (42 U.S.C. 4321 et seq.). The Secretary shall carry out all necessary environmental compliance during the implementation phase of this settlement.