H. R. 3716—3 
SEC. 3. RATIFICATION OF AGREEMENT. 
(a) IN GENERAL.—Except to the extent that a provision of 
the Agreement conflicts with this Act, the Agreement is authorized 
and ratified. 
(b) WAIVER AND RETENTION OF CLAIMS.—Notwithstanding any 
provision of the Agreement, any waiver or retention of a claim 
by the Tribe relating to the Agreement shall be carried out in 
accordance with section 4. 
(c) COMPLIANCE WITH APPLICABLE LAW.—This section, the 
Original Agreement, and the Agreement satisfy all applicable 
requirements of section 2116 of the Revised Statutes (25 U.S.C. 
177). 
SEC. 4. WAIVER AND RELEASES OF CLAIMS. 
(a) WAIVER AND RELEASE OF CLAIMS BY TRIBE AGAINST FISH 
SPRINGS.—In return for benefits to the Tribe as set forth in the 
Original Agreement, the Agreement, and this Act, the Tribe, on 
behalf of itself and the members of the Tribe, is authorized to 
execute a waiver and release against Fish Springs of the following: 
(1) All rights under Federal, State, and other law to chal-
lenge the validity, characteristics, or exercise of the Project 
or use of Fish Springs water rights (including additional Fish 
Springs water rights), including the right to assert a senior 
priority against or to place a call for water on the Project 
or Fish Springs water rights (including additional Fish Springs 
water rights) regardless of the extent to which the Tribe has 
a water right or in the future establishes a water right that 
is senior to the Project or Fish Springs water rights (including 
additional Fish Springs water rights). 
(2) All claims for damages, losses, or injuries to the Tribe’s 
water rights or claims of interference with, diversion of, or 
taking of the Tribe’s water rights, including— 
(A) claims for injury to lands or resources resulting 
from such damages, losses, injuries, or interference with, 
diversion of, or taking of tribal water rights under the 
Agreement or Original Agreement; and 
(B) claims relating to the quality of water underlying 
the Pyramid Lake Indian Reservation that are related to 
use of Fish Springs water rights (including additional Fish 
Springs water rights) by the Project or the implementation 
or operation of the Project in accordance with the Agree-
ment or Original Agreement. 
(3) All claims that would impair, prevent, or interfere with 
one or more of the following: 
(A) Implementation of the Project pursuant to the 
terms of the Agreement or Original Agreement. 
(B) Deliveries of water by the Project pursuant to 
the terms of— 
(i) the Agreement; 
(ii) the Original Agreement; or 
(iii) the February 28, 2006, Water Banking Trust 
Agreement between Washoe County and Fish Springs. 
(C) Assignments of water rights credits pursuant to 
the terms of the February 28, 2006, Water Banking Trust 
Agreement between Washoe County and Fish Springs.
H. R. 3716—4 
(4) All claims against Fish Springs relating in any manner 
to the negotiation or adoption of the Agreement or the Original 
Agreement. 
(b) RESERVATION
OF RIGHTS
AND RETENTION
OF CLAIMS
BY 
TRIBE AGAINST FISH SPRINGS.—The Tribe, on its own behalf and 
on behalf of the members of the Tribe, shall retain against Fish 
Springs the following: 
(1) All claims for enforcement of the Agreement, the 
Original Agreement or this Act through such remedies as are 
available in the U.S. District Court for the District of Nevada. 
(2) Subject to the right of Fish Springs to carry out the 
Project, and subject to the waiver and release by the Tribe 
in subsection (a)— 
(A) the right to assert and protect any right of the 
Tribe to surface or groundwater and any other trust 
resource, including the right to assert a senior priority 
against or to place a call for water on any water right 
other than against the Project or Fish Springs water rights; 
(B) all rights to establish, claim or acquire a water 
right in accordance with applicable law and to use and 
protect any water right acquired after the date of the 
enactment of this Act that is not in conflict with the Agree-
ment, the Original Agreement or this Act; and 
(C) all other rights, remedies, privileges, immunities, 
powers, and claims not specifically waived and released 
pursuant to this Act and the Agreement. 
(3) The right to enforce— 
(A) the Tribe’s rights against any party to the Truckee 
River Operating Agreement; 
(B) the Tribe’s rights against any party to the Truckee 
River Water Quality Settlement Agreement; and 
(C) whatever rights exist to seek compliance with any 
permit issued to any wastewater treatment or reclamation 
facility treating wastewater generated by users of Project 
water. 
(4) The right to seek to have enforced the terms of any 
permit or right-of-way across Federal lands issued to Fish 
Springs for the Project and Project water. 
(c) WAIVER AND RELEASE OF CLAIMS BY THE TRIBE AGAINST 
THE UNITED STATES.—In return for the benefits to the Tribe as 
set forth in the Agreement, the Original Agreement, and this Act, 
the Tribe, on behalf of itself and the members of the Tribe, is 
authorized to execute a waiver and release of all claims against 
the United States, including the agencies and employees of the 
United States, related to the Project and Fish Springs water rights 
(including additional Fish Springs water rights) that accrued at 
any time before and on the date that Fish Springs makes the 
payment to the Tribe as provided in Paragraph 4 of the Agreement 
for damages, losses or injuries that are related to— 
(1) the Project, Fish Springs water rights (including addi-
tional Fish Springs water rights), and the implementation, 
operation, or approval of the Project, including claims related 
to— 
(A) loss of water, water rights, land, or natural 
resources due to loss of water or water rights (including
H. R. 3716—5 
damages, losses, or injuries to hunting, fishing, and gath-
ering rights due to loss of water, water rights or subordina-
tion of water rights) resulting from the Project or Fish 
Springs water rights (including additional Fish Springs 
water rights); 
(B) interference with, diversion, or taking of water 
resulting from the Project; or 
(C) failure to protect, acquire, replace, or develop water, 
water rights, or water infrastructure as a result of the 
Project or Fish Springs water rights (including additional 
Fish Springs water rights); 
(2) the record of decision, the environmental impact state-
ment, the Agreement or the Original Agreement; 
(3) claims the United States, acting as trustee for the 
Tribe or otherwise, asserted, or could have asserted in any 
past proceeding related to the Project; 
(4) the negotiation, execution, or adoption of the Agreement, 
the Original Agreement, or this Act; 
(5) the Tribe’s use and expenditure of funds paid to the 
Tribe under the Agreement or the Original Agreement; 
(6) the Tribe’s acquisition and use of land under the 
Original Agreement; and 
(7) the extinguishment of claims, if any, and satisfaction 
of the obligations of the United States on behalf of the Tribe 
as set forth in subsection (e). 
(d) RESERVATION
OF RIGHTS
AND RETENTION
OF CLAIMS
BY 
TRIBE AGAINST THE UNITED STATES.—Notwithstanding the waivers 
and releases authorized in this Act, the Tribe, on behalf of itself 
and the members of the Tribe, shall retain against the United 
States the following: 
(1) All claims for enforcement of this Act through such 
legal and equitable remedies as are available in the U.S. Dis-
trict Court for the District of Nevada. 
(2) The right to seek to have enforced the terms of any 
permit or right-of-way across Federal lands issued to Fish 
Springs for the Project and Project water. 
(3) Subject to the right of Fish Springs to carry out the 
Project, all other rights, remedies, privileges, immunities, 
powers, and claims not specifically waived and released pursu-
ant to this Act and the Agreement. 
(e) EXTINGUISHMENT OF WAIVED AND RELEASED CLAIMS.—Upon 
execution of the waiver and releases by the Tribe pursuant to 
subsections (a) and (c) and upon final payment by Fish Springs 
pursuant to the terms of the Agreement, the United States acting 
on behalf of the Tribe shall have no right or obligation to bring 
or assert any claims waived and released by the Tribe as set 
forth in subsection (a). Upon the effective date of the waivers 
and releases of claims authorized, the waived and released claims 
as set forth in subsection (a) are extinguished. 
(f) NO UNITED STATES LIABILITY FOR WAIVED CLAIMS.—The 
United States shall bear no liability for claims waived and released 
by the Tribe pursuant to this Act. 
(g) UNITED STATES RESERVATION OF RIGHTS.—Nothing in this 
Act shall affect any rights, remedies, privileges, immunities, or 
powers of the United States, including the right to enforce the 
terms of the right-of-way across Federal lands for the Project 
granted by the Secretary to Fish Springs pursuant to the Federal
H. R. 3716—6 
Lands Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.), with the exception that the United States may not assert 
any claim on the Tribe’s behalf that is extinguished pursuant to 
subsection (e). 
(h) EFFECTIVE DATE OF WAIVERS AND RELEASES OF CLAIMS.— 
The waivers and releases authorized under subsections (a) and 
(c) shall take effect on the day Fish Springs makes the payment 
to the Tribe as provided in subparagraph 4.2 of the Agreement. 
SEC. 5. SATISFACTION OF CLAIMS. 
(a) IN GENERAL.—The benefits provided to the Tribe under 
the Agreement, the Original Agreement, and this Act shall be 
considered to be full satisfaction of all claims of the Tribe waived 
and released pursuant to section 4 and pursuant to the Original 
Agreement and any claims the United States might make on behalf 
of the Tribe that are extinguished pursuant to section 4. 
(b) EFFECT OF FAILURE TO EXECUTE WAIVERS AND RELEASES.— 
If the Tribe fails to execute the waivers and releases as authorized 
by this Act within 60 days after the date of the enactment of 
this Act, this Act and the Agreement shall be null and void. 
SEC. 6. BENEFICIARIES TO AGREEMENT. 
(a) REQUIREMENT.—The beneficiaries to the Agreement shall 
be limited to— 
(1) the parties to the Agreement; 
(2) any municipal water purveyor that provides Project 
water for wholesale or retail water service to the area serviced 
by the Project; 
(3) any water purveyor that obtains the right to use Project 
water for purposes other than serving retail or wholesale cus-
tomers; and 
(4) any assignee of Water Rights Credits for Project water 
pursuant to the terms of the February 28, 2006, Water Banking 
Trust Agreement between Washoe County and Fish Springs. 
(b) PROHIBITION.—Except as provided in subsection (a), nothing 
in the Agreement or this Act provides to any individual or entity 
third-party beneficiary status relating to the Agreement. 
SEC. 7. JURISDICTION. 
Jurisdiction over any civil action relating to the enforcement 
of the Agreement, the Original Agreement, or this Act shall be 
vested in the United States District Court for the District of Nevada. 
SEC. 8. ENVIRONMENTAL COMPLIANCE. 
Nothing in this Act precludes the United States or the Tribe, 
when delegated regulatory authority, from enforcing Federal 
environmental laws, including— 
(1) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
including claims for damages for harm to natural resources; 
(2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); 
(3) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.); 
(4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); 
and 
(5) any regulation implementing one or more of the Acts 
listed in paragraphs (1) through (4).
H. R. 3716—7 
SEC. 9. MISCELLANEOUS PROVISIONS. 
(a) NO ESTABLISHMENT
OF STANDARD.—Nothing in this Act 
establishes a standard for the quantification of a Federal reserved 
water right or any other claim of an Indian tribe other than the 
Tribe in any other judicial or administrative proceeding. 
(b) OTHER CLAIMS.—Nothing in the Agreement, the Original 
Agreement, or this Act quantifies or otherwise adversely affects 
any water right, claim, or entitlement to water, or any other right 
of any Indian tribe, band, or community other than the Tribe. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.