118 STAT. 3564 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(5) any and all past, present, and future claims for water rights arising from time immemorial and, thereafter, forever, and claims for injuries to water rights arising from time immemorial through the enforceability date, against the Nation (except that under section 307(a)(1)(G) and subsections (a) and (b) of section 308, the allottees and fee owners of allotted land shall retain rights to share in the water resources granted or confirmed under this title and the Tohono O’odham settle- ment agreement with respect to uses within the San Xavier Reservation). ‘‘(c) WAIVER OF CLAIMS BY THE UNITED STATES.—Except as provided in subsection (d), the Tohono O’odham settlement agree- ment shall provide that the United States as Trustee waives and releases— ‘‘(1) any and all past, present, and future claims for water rights (including claims based on aboriginal occupancy) arising from time immemorial and, thereafter, forever, and claims for injuries to water rights arising from time immemorial through the enforceability date, for land within the Tucson management area against— ‘‘(A) the Nation; ‘‘(B) the State (or any agency or political subdivision of the State); ‘‘(C) any municipal corporation; and ‘‘(D) any other person or entity; ‘‘(2) any and all claims for injury to water rights arising after the enforceability date for land within the San Xavier Reservation and the eastern Schuk Toak District resulting from the off-Reservation diversion or use of water in a manner not in violation of the Tohono O’odham settlement agreement or State law against— ‘‘(A) the Nation; ‘‘(B) the State (or any agency or political subdivision of the State); ‘‘(C) any municipal corporation; and ‘‘(D) any other person or entity; ‘‘(3) on and after the enforceability date, any and all claims on behalf of the allottees for injuries to water rights against the Nation (except that under section 307(a)(1)(G) and sub- sections (a) and (b) of section 308, the allottees shall retain rights to share in the water resources granted or confirmed under this title and the Tohono O’odham settlement agreement with respect to uses within the San Xavier Reservation); and ‘‘(4) claims against Asarco on behalf of the allottee class for the fourth cause of action in Alvarez v. City of Tucson (Civ. No. 93–039 TUC FRZ (D. Ariz., filed April 21, 1993)), in accordance with the terms and conditions of the Asarco agreement. ‘‘(d) CLAIMS RELATING TO GROUNDWATER PROTECTION PRO- GRAM.—The Nation and the United States as Trustee— ‘‘(1) shall have the right to assert any claims granted by a State law implementing the groundwater protection pro- gram described in paragraph 8.8 of the Tohono O’odham settle- ment agreement; and ‘‘(2) if, after the enforceability date, the State law is amended so as to have a material adverse effect on the Nation, shall have a right to relief in the State court having jurisdiction VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00098 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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