118 STAT. 3513 PUBLIC LAW 108–451—DEC. 10, 2004 members in their capacities as allottees), as part of the performance of its obligations under the Gila River agreement, is authorized to execute a waiver and release of claims against the Salt River Project (or its successors or assigns or its officers, governors, direc- tors, employees, agents, or shareholders), where all of the following conditions are met: (I) The claims are brought solely on behalf of the Community or its, members. (II) The claims arise from the discharge, transportation, seepage, or other movement of water in, through, or from drains, canals, or other facilities or land in the Salt River Reservoir Dis- trict to trust land located within the exterior boundaries of the Reservation. (III) The claims arise from time immemorial through the enforceability date. (IV) The claims assert a past or present injury to water rights, injury on the Reservation to water quality, or injury to trust property located within the exterior boundaries of the Reservation. (ii) EFFECT OF WAIVER.—The waiver provided for in this subparagraph is effective as of December 31, 2002, and shall continue to preclude claims as they may arise until the enforceability date, or until such time as the Salt River Project alters its historical oper- ations of the drains, canals, or other facilities within the Salt River Reservoir District in a manner that would cause significant harm to trust lands within the exterior boundaries of the Reservation, whichever occurs earlier. (G) CLAIMS BY THE UNITED STATES AGAINST THE SALT RIVER PROJECT.— (i) IN GENERAL.—Except as provided in subpara- graph 25.12 of the Gila River agreement, to the extent consistent with this section, the United States, acting as trustee for the Community, Community members and allottees, and as part of the performance of its obligations under the Gila River agreement, is author- ized to execute a waiver and release of claims against the Salt River Project (or its successors or assigns or its officers, governors, directors, employees, agents, or shareholders), where all of the following conditions are met: (I) The claims are brought solely on behalf of the Community, members, or allottees. (II) The claims arise from the discharge, transportation, seepage, or other movement of water in, through, or from drains, canals, or other facilities or land in the Salt River Reservoir Dis- trict to trust land located within the exterior boundaries of the Reservation. (III) The claims arise from time immemorial through the enforceability date. (IV) The claims assert a past or present injury to water rights, injury on the Reservation to water Effective date. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00047 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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