118 STAT. 3508 PUBLIC LAW 108–451—DEC. 10, 2004 within the exterior boundaries of the Reservation, off-Reservation trust land, and fee land. (b) NO RECOGNITION OF WATER RIGHTS.—Notwithstanding sub- section (a) and except as provided in section 204(a), nothing in this title has the effect of recognizing or establishing any right of a Community member or allottee to water on the Reservation. SEC. 207. WAIVER AND RELEASE OF CLAIMS. (a) IN GENERAL.— (1) CLAIMS AGAINST THE STATE AND OTHERS.— (A) CLAIMS FOR WATER RIGHTS AND INJURY TO WATER RIGHTS BY THE COMMUNITY AND THE UNITED STATES ON BEHALF OF THE COMMUNITY.—Except as provided in subparagraph 25.12 of the Gila River agreement, the Community, on behalf of the Community and Community members (but not members in their capacities as allottees), and the United States, on behalf of the Community and Community members (but not members in their capacities as allottees), as part of the performance of their obligations under the Gila River agreement, are authorized to execute a waiver and release of any claims against the State (or any agency or political subdivision of the State) or any other person, entity, corporation, or municipal corporation under Federal, State, or other law for— (i)(I) past, present, and future claims for water rights for land within the exterior boundaries of the Reservation, off-Reservation trust land, and fee land arising from time immemorial and, thereafter, forever; and (II) past, present, and future claims for water rights arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land by the Community and Community members, or their predecessors; (ii)(I) past and present claims for injury to water rights for land within the exterior boundaries of the Reservation, off-Reservation trust land, and fee land arising from time immemorial through the enforce- ability date; (II) past, present, and future claims for injury to water rights arising from time immemorial and, thereafter, forever, that are based on aboriginal occu- pancy of land by the Community and Community mem- bers, or their predecessors; and (III) claims for injury to water rights arising after the enforceability date for land within the exterior boundaries of the Reservation, off-Reservation trust land, and fee land resulting from the off-Reservation diversion or use of water in a manner not in violation of the Gila River agreement or State law; (iii) past, present, and future claims arising out of or relating in any manner to the negotiation or execution of the Gila River agreement or the negotia- tion or enactment of titles I and II; and (iv)(I) past and present claims for subsidence dam- age occurring to land within the exterior boundaries of the Reservation, off-Reservation trust land, or fee VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00042 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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