118 STAT. 3565 PUBLIC LAW 108–451—DEC. 10, 2004 over Gila River adjudication proceedings and decrees, against an owner of any nonexempt well drilled after the effective date of the amendment (if the well actually and substantially interferes with groundwater pumping occurring on the San Xavier Reservation), from the incremental effect of the ground- water pumping that exceeds that which would have been allow- able had the State law not been amended. ‘‘(e) SUPPLEMENTAL WAIVERS OF CLAIMS.—Any party to the Tohono O’odham settlement agreement may waive and release, prohibit the assertion of, or agree not to assert, any claims (including claims for subsidence damage or injury to water quality) in addition to claims for water rights and injuries to water rights on such terms and conditions as may be agreed to by the parties. ‘‘(f) RIGHTS OF ALLOTTEES; PROHIBITION OF CLAIMS.— ‘‘(1) IN GENERAL.—As of the enforceability date— ‘‘(A) the water rights and other benefits granted or confirmed by this title and the Tohono O’odham settlement agreement shall be in full satisfaction of— ‘‘(i) all claims for water rights and claims for injuries to water rights of the Nation; and ‘‘(ii) all claims for water rights and injuries to water rights of the allottees; ‘‘(B) any entitlement to water within the Tucson management area of the Nation, or of any allottee, shall be satisfied out of the water resources granted or confirmed under this title and the Tohono O’odham settlement agree- ment; and ‘‘(C) any rights of the allottees to groundwater, surface water, or effluent shall be limited to the water rights granted or confirmed under this title and the Tohono O’odham settlement agreement. ‘‘(2) LIMITATION OF CERTAIN CLAIMS BY ALLOTTEES.—No allottee within the San Xavier Reservation may— ‘‘(A) assert any past, present, or future claim for water rights arising from time immemorial and, thereafter, for- ever, or any claim for injury to water rights (including future injury to water rights) arising from time immemorial and thereafter, forever, against— ‘‘(i) the United States; ‘‘(ii) the State (or any agency or political subdivi- sion of the State); ‘‘(iii) any municipal corporation; or ‘‘(iv) any other person or entity; or ‘‘(B) continue to assert a claim described in subpara- graph (A), if the claim was first asserted before the enforce- ability date. ‘‘(3) CLAIMS BY FEE OWNERS OF ALLOTTED LAND.— ‘‘(A) IN GENERAL.—No fee owner of allotted land within the San Xavier Reservation may assert any claim to the extent that— ‘‘(i) the claim has been waived and released in the Tohono O’odham settlement agreement; and ‘‘(ii) the fee owner of allotted land asserting the claim is a member of the applicable allottee class. ‘‘(B) OFFSET.—Any benefits awarded to a fee owner of allotted land as a result of a successful claim shall VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00099 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
�
